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92 <br /> <br />VIRGINIA POWER UPGRADE ISSUE <br /> <br /> Mr. Hendrix explained~that Virginia Power has agreed to <br />delay the upgrading of power lines on Park Street until <br />Tuesday, August 29th in order to give Council the opportunity <br />to discuss the following two issues: the request by citizens <br />on Park Street that the upgrading be halted; and the policy <br />of undergrounding and tree trimming on Park Street and <br />throughout the City. <br /> <br /> Ms. Waters stated that she would allow brief comments by <br />the public. <br /> <br /> Mr. Lloyd Smith of Park Street stated that he could not <br />ask the City to delay the Virginia Power upgrade on Park <br />Street because of the potential for legal liability for the <br />City. Mr. Smith stated that he believed that the 1901 <br />franchise with Virginia Power had expired and requested that <br />a new franchise be negotiated which woUl~d require the <br />undergrounding of all power upgrades in the~city over a <br />twenty year period. Mr. Smith added that the undergrounding <br />could be financed through a statewide rate base. <br /> <br /> Ms. Waters Pointed ~out ~hat ifinancing undergrounding <br />of utilities in Cha~-.lottesville on a Statewide basis would <br />mean that customers~ ~tatewide'would actuallY pay the cOst and <br />Mr. Smith agreed. · <br /> <br /> Ms. Smith stated that he believed that the cost of <br />undergrounding utilities would eventually decrease. <br /> <br /> Mr. Bill Hinkley of 620 Lexington Avenue stated that he <br />was concerned about the aesthetics involved'in under- <br />grounding, but was more conCerned with the health iSSue of <br />magnetic fields caused by power lines and requested that this <br />issue be addressed in a new franchise with Virginia POwer. <br /> <br /> Ms. Peppy Linden of North 1st Street and president of <br />the North Downtown Residents Association, stated that the <br />NDRA Board voted'to support the renegotiatiOn of a franchise <br />with Virginia Power and that a long-term plan for under- <br />grounding be developed. ~ <br /> <br /> Mr. Clyde Gouldman, City Attorney' Stated that he has <br />received copies of two probable lawsuits regarding the Park <br />Street undergrounding and'franchise with ~Virginia Power and <br />advised Council to. iimit'theirlpublic comments concerning the <br />matter. Mr. Gouldman recommended that CounCil take the <br />folloWing actiOn: 1) Do not int'erfere with the Park Street <br />upgrade as he has found no authOrity for the City to <br />intervene and no evidence to justifY the' actiOn; 2) InstruCt <br />staff to negotiate an. operating agreement with Virginia <br />Power to deal with undergro~nding and tree trimming; 3) Ask <br />staff 'to further investigate'the advisability and pOtential <br />benefits of renegotiating a franchise with Virginia Power and <br />return to Council with a recommendation.' <br /> <br /> Responding to a~question from Mr. Towe regarding the <br />length of time involved in negotiating with Virginia Power, <br />Mr. Gouldman stated that an operating agreement cOuld be <br />negotiated immediately,, but that a franchiSe agreement could <br />take a year or more if Virginia Power was willing to <br />negotiate a new franchise and three to five years if they <br />were not willing to do so. <br /> <br /> Mr. vandever stated that it was hiS'understanding that <br />20% of Virginia Power's operating budget was for tree <br />trimming and questioned how much money could be saved by <br />undergrounding.- <br /> <br /> Mr, Dave Roop, District Manager for Virginia Power', <br />stated that problems have been experienced with <br /> <br /> <br />