A log of Charlottesville City Council Meetings 2008-2015. Transported from the City of Charlottesville website as a project of Smart Cville, http://www.smartcville.com.

  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Monday, January 3rd, 2011, AT 6:00 p.m. IN THE Second Floor Conference Room.
    THE PROPOSED AGENDA IS AS FOLLOWS:
    Closed session as provided by Section 2.2-3712 of the Virginia Code
    BY ORDER OF THE MAYOR BY Paige Barfield
    SECOND FLOOR CONFERENCE ROOM – January 3, 2011
    Council met in special session on this date with the following members present:
    Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos.
    On motion by Dr. Brown, seconded by Ms. Szakos, Council voted (Ayes: Dr.
    Brown, Mr. Huja, Mr. Norris, Ms. Szakos. Noes: None. Absent at time of vote: Ms. Edwards), to
    meet in closed session pursuant to section 2.2-3712 of the Virginia Code for consultation with
    legal counsel regarding the negotiation of the terms and provisions of a local water supply plan
    cost sharing agreement with the Albemarle County Service Authority, as authorized by Virginia
    Code sec. 2.2-3711 (A) (7).
    On motion by Dr. Brown, seconded by Ms. Edwards, Council certified by the
    following vote, (Ayes: Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos.
    Noes: None), that to the best of each Council Member's knowledge, only public business
    matters lawfully exempted from the open meeting requirements of the Virginia Freedom
    of Information Act and identified in the motion convening the closed session were heard,
    discussed or considered in the closed session.
    COUNCIL CHAMBER – January 3, 2011
    Council met in regular session on this date with the following members present: Ms.
    Edwards, Mr. Norris, Dr. Brown, Mr. Huja, Ms. Szakos.
    AWARDS/RECOGNITIONS
    Mr. Norris announced that the Thomas Jefferson Health Department received recognition
    from the National Association of County and City Health Officials “Project Public Health
    Readiness(PPHR).” PPHR assesses emergency health preparedness and assists local health
    departments, or groups of local health departments working collaboratively as a region, with
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    responding to emergencies. Dr. Lillian Peak, Director of the Thomas Jefferson Health
    Department, spoke on their behalf.
    ANNOUNCEMENTS
    Mr. Norris announced the City’s free Christmas tree pick-up program. The program
    begins January 10th for City residents. The recycled trees will be used as mulch around City
    parks.
    Mr. Norris also discussed the new web poll located on www.charlottesville.org. The poll
    tracks responses for new potential destinations from the Charlottesville-Albemarle Airport.
    Mr. Norris noted that City Hall will be closed January 14th (Lee-Jackson Day) and
    January 17th (MLK, Jr. Day). CAT and trash pick-up services will continue as normal. The City
    Council meeting will move to Tuesday, January 18th. The BAR will meet January 18th in the
    basement conference room.
    Ms. Edwards discussed the “I Am College Material” seminar hosted by the local
    NAACP. This college-readiness seminar will occur January 29th from 9:30 a.m. – 12:30 p.m. at
    the Central Library in the downtown conference room. Students of all grades are welcome, and
    refreshments will be served. For more information please contact Charles Lewis at 964-6166.
    Ms. Edwards also announced the “Peter and the Wolf” production at Charlottesville High
    School January 22nd at 3:00 p.m. and 7:00 p.m.
    Ms. Szakos announced the next town meeting in the “Our Town Charlottesville” series,
    which will take place Thursday, January 13th at First Baptist Church located on West Main
    Street.
    MATTERS BY THE PUBLIC
    Ms. Sarina Cooper, City of Charlottesville student, spoke on behalf of dredging the dam
    and believed that option would be more beneficial for the City.
    Mr. Tom Oliver, 4632 Green Creek Rd., Chairman of the Piedmont group of the Sierra
    Club, said the Piedmont group supports phased increases, but only if and when facts reveal more
    water is necessary. He believes the proposed earthen dam contradicts the City’s goal of
    sustainable living. He thanked Council for their leadership in insisting better, more examined
    information be made available during this deliberation.
    Mr. Paul Long, 1410 Grady Ave., said there is an issue with homelessness, and Council’s
    actions cater to the upper-middle class. He proposed the City allocate $2 million for housing and
    other services for the homeless.
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    Ms. Pat Napolean, 700 Lyons Ave., said it is wasteful that the City has waited so long to
    dredge. She encouraged Councilors to remember to think of the City residents they serve and
    repair the dam for dredging activity.
    Ms. Phyllis Koch-Sheras, 340 Cedar Bluff Rd., said many of the City’s resources will be
    at risk if the City decides to construct a larger dam. She thinks the City’s original decision is
    moral, economical, and will retain the character of Charlottesville she has grown to love.
    Mr. Rich Collins, 108 Wilson Ct., said he understands there are other pressing issues
    occurring with City, but he encourages the Councilors to keep pressing on to solve the water
    issue. He believes Council has ironically created regional cooperation and highlighted its
    importance.
    Mr. Len Wolowiec, 504 Rookwood Pl., said the entire debate stems on what the cost of
    dredging is. He questioned how a decision could be made without the facts.
    Mr. Jack Cann, 450 Woodlands Rd., believes Council should make a decision that takes
    care of the City’s resources. He thinks there are unintended consequences that can occur by
    going in the same direction as the County.
    Ms. Collette Hall, 101 Robertson Ln., believes constructing a new dam does not make
    fiscal sense. By approving a new dam, the City is committing to approving a future multimilliondollar
    pipeline.
    Mr. Sam Freilich, 305 Rookwood Pl., said the City plan is more logical than the County’s
    plan. He believes dredging will retain outdoor activity while providing necessary water.
    Mr. Dan Bieker, 4174 Laird Ln., believes the 2006 water supply plan fails to value
    conservation. He said dredging would address continued conservation concerns.
    Ms. Betty Mooney, 201 Sunset Ave., said that voting for an earthen dam is like voting for
    an entire new water facility. She said the earthen dam is like “dropping a bomb” on the reservoir.
    She does not think the idea of an earthen dam is affordable or reasonable.
    Mr. Stratton Salidis, 704 Graves St., echoed what others said regarding the earthen dam.
    Mr. Chris Murray, 1217 Hazel St., spoke on behalf of JABA and the Timberlake Place
    PUD. He urged the Councilors to work with Mr. Tolbert’s recommendation.
    Mr. Bob Fenwick, 901 E. Jefferson St., said the City is in an old-fashioned water fight
    with the County and encouraged Council to stick to their original plan or risk losing a major
    asset in the Ragged Mountain Dam.
    Mr. Scott Bandy, Cherry Ave., said he is in favor of choosing a water plan that addresses
    supply and not simply sustainable efforts. He said the Citizens in Favor of a Sustainable Water
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    Plan group are simply a minority amongst the larger citizenry who are in support of an earthen
    dam.
    Mr. Peter Loach, Rose Hill Drive, spoke on behalf of PHA and expressed gratitude to
    Council for their proposal to fund PHA. He hopes to utilize the funding from the City to leverage
    millions of dollars towards affordable housing in the City.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Ms. Szakos responded to Mr. Wolowiec’s question about the RFP. She said it was a good
    question, and Council hopes to receive more information once people get back on schedule
    following the holidays.
    Ms. Edwards responded to Mr. Long’s comment about homelessness. She said the issue
    of homelessness is complex; however, the City has a fiscal and ethical responsibility to address
    those issues. She said she wants to work towards making Charlottesville a city that offers options
    and support for the homeless. Housing is a critical aspect of the problem.
    Mr. Brown thanked Mr. Collins for his kind words and mentioned that many groups who
    work extensively with rivers are in favor of the earthen dam because they want to ensure the City
    will have enough capacity to limit the amount of water taken from streams and rivers
    unnecessarily. He asked about the DEQ memo and requested clarification on the suggestion to
    dredge as well as a phased height increase.
    Mr. Huja said he appreciated all the comments expressed and wanted to remind the
    public that the Council decision to dredge was unanimous, and all Councilors supported a plan
    that conserved as much water and money as possible.
    Mr. Norris also thanked everyone for coming out to speak. He said he heard from the
    public concerning their opposition to the 2006 water supply plan and how expensive it is. He
    hopes the report from Black & Veatch and DEQ will clarify any confusion so the Council can
    adopt a plan.
    CONSENT AGENDA
    Mrs. Szakos requested more time to examine item i regarding electronic gaming and
    suggested Council defer that item to the next meeting.
    On motion by Mr. Norris, seconded by Mr. Huja, the following consent agenda items
    were approved, except item i, which was deferred until January 18th: (Ayes: Ms. Edwards, Mr.
    Norris, Dr. Brown, Mr. Huja, Ms. Szakos. Noes: None.)
    a. Minutes of December 6
    b. APPROPRIATION: $167,312.71 – CATEC VDOT Funds (2nd
    reading)
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    c. APPROPRIATION: $5,000 Stipend – Project Child Hands Participation
    (2nd reading)
    d. APPROPRIATION: $1,954.92 – 2010 Charlottesville Police Department
    Foundation Donation (2nd reading)
    e. APPROPRIATION: $6,187.50 – U.S. Department of Justice 2010 Bullet
    Proof Partnership Reimbursement Grant (2nd reading)
    f. APPROPRIATION: $12,250-Community Attention Youth Internship
    Program (carried)
    g. APPROPRIATION: $157,143- Victim Witness Assistance Program Grant
    (carried)
    h. RESOLUTION: Amendment of Vendor Fees (2nd
    reading)
    i. RESOLUTION: Electronic Gaming (deferred until January 18th)
    PUBLIC HEARING/RESOLUTION: LEASE OF 608 RIDGE ST.
    Ms. Kathy McHugh, Housing Development Specialist, delivered the staff report. Ms.
    McHugh requested the upper two stories be leased to the Local Energy Alliance Program
    (LEAP), and the bottom story be leased to a visiting professor of China working on the
    EcoRemod project.
    The public hearing was opened.
    Ms. Collette Hall, 101 Robertson Ln., asked if this property would be rent to own, and
    the length of tenure of LEAP’s residency in the house.
    Having no further speakers, the public hearing was closed.
    Ms. McHugh said the lease will run two years, with an option to renew for one year.
    Ms. Edwards asked if it would be a better option to end the lease after two years and put
    the house on the market.
    Ms. McHugh clarified that this is not a permanent home for LEAP.
    Ms. Szakos noticed some discrepancy from the lease agreement in her file and from what
    Ms. McHugh had provided in her presentation.
    Mr. Tolbert, Director NDS, said the City intends to have the lease for the upper two
    stories for two years, with the option to renew for an additional year. Mr. Brown suggested that if
    staff desired 608 Ridge St. not return to Council for approval of a new lease agreement, then the
    language giving an option to renew must be in the agreement. Mr. Tolbert, however, thought it
    would be better not to include the language so that Council could review the lease after two years
    and determine if the property would be better served for LEAP or a new owner.
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    On motion by Mr. Huja, seconded by Mr. Brown, the amended lease agreement carried
    over for a second reading, contingent upon extending the lease agreement from February 2011 –
    February 2012 to February 2011 – February 2013. Additionally, the option to renew following
    the end of the lease was removed from the language. (Ayes: Ms. Edwards, Mr. Norris, Dr.
    Brown, Mr. Huja, Ms. Szakos. Noes: None.) .
    REPORT: BLACK & VEATCH RAGGED MOUNTAIN DAM REPORT
    Mr. Greg Zamensky, representing Black & Veatch, gave Council a brief history and
    synopsis of what has been done up until this point.
    Mr. Norris asked Mr. Zamensky to provide insight into the work of Black & Veatch. Mr.
    Zamensky gave a brief explanation and said he worked within the water department, a
    department that works extensively on water projects primarily in municipalities and jurisdictions.
    Black & Veatch has been providing dam engineering service since the early 20th century.
    Mr. Zamensky said Black & Veatch is currently at a conceptual design level and looking
    to advance to an intermediate stage.
    Dr. Brown asked what the timetable is to reach an intermediate level on the earthen dam
    and what costs will be associated with advancing to an intermediate level.
    Mr. Zamensky did not know exactly what the costs would be; however, the process of
    reaching an intermediate level could take up to three or four months.
    Mrs. Szakos asked Mr. Zamensky to clarify the cost of constructing the thirteen-foot dam
    and building later, versus building the dam at full height now. Mr. Zamensky said building the
    thirteen-foot dam and building on top of that as necessary would cost $1 million in 2010 dollars.
    Mr. Norris asked Mr. Zemensky to discuss how dam safety would be addressed. Mr.
    Zamensky said he has spent his career on dam projects, and the design chosen will address all
    criteria of Virginia dam regulations and all industry standards. He said it is difficult to predict
    dam safety over 50 years, but generally the dam industry prides itself on durable, safe dams.
    Ms. Szakos asked if it were feasible to construct a thirty-five foot dam and retain the
    thirteen-foot reservoir. Mr. Zamensky said it is conceivable; however, the fluctuations of the
    reservoir and the effect that would have on the dam and surrounding environment would need to
    be calculated.
    Mrs. Edwards said she appreciated Mr. Zamensky’s time and the work he has
    contributed, and she commended him on his effort.
    Mr. Norris wanted to make sure the public knew there would be no vote that evening, but
    Council is hopeful to make a decision very soon.

    7
    Mrs. Szakos asked if staff or other professionals involved wanted to comment on Mr.
    Zamensky’s report.
    Mr. Thomas Frederick, Executive Director RWSA, said that he is not sure what the
    City’s end goal is, and until the City responds to the December 14th progress report he is unsure
    how to respond to the technical aspects of the report.
    Mr. Norris’ said the design review for the option proposed by Black & Veatch is coming
    along faster than the review for the earthen dam.
    Dr. Brown asked what the City’s role would be if the City does not intend to pay for the
    majority of the project.
    Ms. Szakos was unsure why the County would be opposed to the current proposal, as it is
    more cost-effective.
    Dr. Brown asked when the Council would receive a response from the DEQ. Mr. Jones
    said a response is expected within the next two weeks.
    Mr. Frederick said the RWSA is stuck in the middle between the County and the City,
    because neither side is communicating. Mr. Norris said the County refuses to talk with the City.
    Dr. Brown said he was curious to know what would have happened with the proposed meeting
    among DEQ, County, and City representatives; however, the County refused to meet with the
    DEQ present.
    Mr. Huja said that the County and City are a partnership and nothing will be solved
    unless collaboration is practiced. Council agreed to vote on a resolution following the report
    from the DEQ.
    Mr. Norris called for a five minute recess.
    REPORT: VOTER REGISTRAR REPRECINCTING UPDATE
    Ms. Sheri Iachetta, General Registrar, presented a power point presentation that outlined
    the registrar’s office proposed reprecincting. Ms. Iachetta said the 2010 Census numbers are
    expected sometime in February, and then she can assess the precincts more closely. The
    precincts must be final by November 2011.
    Ms. Szakos wanted to ensure that if a big change occurs with the precincts, there will be a
    substantial marketing campaign behind the changes.
    Mr. Huja suggested retaining the Venable precinct instead of changing it to St. Anne’s.
    Dr. Brown requested that pedestrian access be stressed when creating new precincts.

    8
    Mrs. Szakos recommended the Board of Elections use walkability as a guideline when
    creating new precincts. She said smaller precincts will satisfy those guidelines.
    Ms. Iachetta suggested adding more precincts to accommodate future growth and
    focusing on marketing and public notification.
    Dr. Brown said he wants to keep the original precinct names and tweak the lines slightly
    to address population growth. This process should not become more difficult than necessary.
    Ms. Iachetta asked Council to approve her request for an advisory group that will flush
    out the new census numbers and honor the suggestions of Council.
    Council approved her request.
    REPORT/RESOLUTION: ALLOCATION OF CHARLOTTESVILLE HOUSING FUND
    DOLLARS
    Mr. Jim Tolbert presented to Council. He discussed projects and opportunities that are in
    place to expand affordable housing within the City.
    Mr. Norris said he would like to see more funding for the Albemarle Housing
    Improvement Program (AHIP) to help with the elderly and others in need of housing repair. Mrs.
    Szakos agreed with Mr. Norris.
    Ms. Szakos asked about the Land Trust’s funding. Mr. Tolbert said $25,000 will help the
    Land Trust become established and support their growth. He said the money will show the City
    supports their efforts and encourages their expansion.
    Mr. Huja was skeptical about funding $15,000 to ASG. Mr. Tolbert responded that the
    funding would serve as rent subsidies. Mr. Norris and Mr. Huja were concerned the City would
    give the impression this funding would occur annually.
    Ms. Edwards said she would rather see funding for ASG than the Land Trust.
    Dr. Brown said he wants to be certain projects serve City residents.
    Ms. Edwards disclosed that she works part-time for JABA.
    Mr. Huja disclosed that he serves of the boards for PHA and JABA.
    Mr. Norris clarified that PHAR matches for BAMA Works funding is for four years
    instead of three, and their funding will extend into next year when the City will have the
    opportunity to match.
    Dr. Brown commended Mr. Tolbert for finding projects to increase affordable housing
    and being creative in the process.
    9
    On motion by Mr. Huja, seconded by Mr. Brown, the allocation of Charlottesville
    Housing Fund FY 2011 was approved unanimously as follows:
    AHIP – $100,000
    CRHA – $150,000
    Elliot Ave. – $70,000
    ASG – $15,000
    Habitat – $400,000
    PHAR – $25,000
    Down Payment Assistance – $40,000
    Additionally, a commitment for FY2012 contingent up these organizations receiving tax credits
    and those dollars being appropriated:
    JABA-$500,000
    PHA-$450,000
    (Ayes: Ms. Edwards, Mr. Norris, Dr. Brown, Mr. Huja, Ms. Szakos. Noes: None.) .
    OTHER BUSINESS
    Ms. Edwards requested the Councilors begin thinking about Council retreat.
    MATTERS BY THE PUBLIC
    Mr. Richard Lloyd, Albemarle County resident, said the I.T.R.T is not qualified to review
    the work of Black & Veatch. He said the cost of the spillway will exceed the cost of the dam, and
    the Black & Veatch proposal is far more appropriate regarding phasing.
    Mr. Downing Smith, 810 Locust Ave., discussed the 409 Stadium Rd. site. He said he is
    concerned about trees removal and said the site is difficult to develop due to traffic issues.
    Ms. Dede Smith, 2652 Jefferson Park Cir., said reprecincting is important. She said there
    is research explaining the religious impact of voting in churches.
    The meeting was adjourned.
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Tuesday, January 18, 2011, AT 6:15 p.m. IN THE Second Floor Conference
    Room.
    THE PROPOSED AGENDA IS AS FOLLOWS:
    Closed session as provided by Section 2.2-3712 of the Virginia Code
    BY ORDER OF THE MAYOR BY Paige Barfield
    SECOND FLOOR CONFERENCE ROOM – January 18, 2011
    Council met in special session on this date with the following members present:
    Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos.
    On motion by Ms. Szakos, seconded by Mr. Huja, Council voted (Ayes: Dr.
    Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos. Noes: None) to meet in closed
    session pursuant to section 2.2-3712 of the Virginia Code, for discussion and
    consideration of prospective candidates for appointment to City boards and commissions,
    as authorized by Virginia Code sec. 2.2-3711 (A) (1).
    On motion by Ms. Szakos, seconded by Ms. Edwards, Council certified by the
    following vote, (Ayes: Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos.
    Noes: None), that to the best of each Council Member's knowledge, only public business
    matters lawfully exempted from the open meeting requirements of the Virginia Freedom
    of Information Act and identified in the motion convening the closed session were heard,
    discussed or considered in the closed session.
    COUNCIL CHAMBER – January 18, 2011
    Council met in regular session on this date with the following members present:
    Ms. Edwards, Mr. Norris, Dr. Brown, Mr. Huja, Ms. Szakos.
    ANNOUNCEMENTS
    Mr. Norris announced PVCC’s Super Saturday on February 5, 2011. Real estate
    assessments will be mailed on January 31.
    Ms. Szakos said foster families are needed in our area. Call 970-3352 to speak to
    a recruitment specialist for more information.
    2
    Mr. Norris read a proclamation in honor of Martin Luther King and directed
    citizens to www.virginia.edu/mlk for more information and a schedule of events. He
    thanked Dr. Marcus Martin for leading the effort.
    Ms. Szakos thanked Mr. Jones for speaking at Sunday’s MLK event and thanked
    everyone who participated in organizing the event.
    Mr. Norris announced the “I Am College Material” program on Saturday, January
    29 from 9:30 a.m. to 12:30 p.m. He thanked the NAACP for organizing this event.
    MATTERS BY THE PUBLIC
    Mr. Sam Freilich, 505 Brockwood Pl., said he objects to the statement that the
    2006 Plan was the most environmentally friendly, which Mr. Whitaker made at this
    afternoon’s meeting. A tree replacement program is not satisfactory. Dam price
    comparison is not an apples-to-apples comparison. He asked Council to continue with
    studies for a thirteen foot dam and dredging of South Fork reservoir.
    Mr. Brandon Collins, 536 Meade Ave., said he is in favor of dredging. He said
    there is terrible legislation coming through the General Assembly this year regarding bills
    immigration. The proposed bills are anti-immigration and attack immigrants in Virginia.
    They force public service workers to act as customs police. He asked Council to raise
    awareness about this.
    Ms. Alison Ruffner, 735 Graves St., said she hopes professional support can come
    out of the discussion to arrange for musicians to perform. People will have to look at this
    as part of their business plan. Cville Coffee showed this can be done on a small level.
    Mr. Wayne Berry, 2320 Cresmont Ave., encouraged Council to continue the work
    they began in 2008 and increase their moral and financial support for the Dialogue on
    Race. He distributed article to Council highlighting factors that contribute to
    underachievement.
    Ms. Gerry Kruger, 989 Allendale Dr., said she is member of the Achievement
    Gap Action Team for Dialogue on Race. The team is looking for ways to prevent the gap
    from existing in the first place.
    Mr. Jacob Wolf, 614 Monticello Ave., said he is a musician, and his livelihood
    depends on music in Charlottesville. Twenty percent of Cville Coffee’s revenue is
    generated from live music sales. At a time when so many businesses are struggling, a
    small business cannot withstand a 20% reduction in revenue. The City’s goal should be
    to help local businesses. He asked what is required for a permit, and what cost is
    involved. These are questions many restaurant owners and musicians do not know the
    answer to. He asked Council to delay action until further information can be
    disseminated, and a greater debate can take place.
    3
    Ms. Rebecca Quinn, 104 4th St., said there was not a discussion on the burden of
    current rate payers on a dam built now in fifty years. She asked who would pay for cost
    overruns if Schnabel underestimates their costs. She asked Council to ask Black and
    Veatch what options contractors have for a concrete dam. We should not take dredging
    off the table to increase capacity, as the county has recommended we do. There is
    inflated fear about permit modification, which must be done either way.
    Ms. Dede Smith, 2652 Jefferson Park Cir., thanked Council for their support of
    the Sept 20, 2010 resolution. She thanked Ms. Edwards for questioning the public health
    risk of the I-64. She thanked Ms. Szakos for her dedication to conservation as an integral
    piece of the water supply plan.
    Mr. Stratton Salidis, 704 Graves St., said the City does not need more red tape
    regarding small music venues. He was appalled at the water meeting today by the
    comments of Mr. Rooker and Mr. Snow. Mr. Rooker said the 2002 plan was not
    permitted, but Mr. Kevin Lynch said they never applied for a permit for that plan. The
    difference between maintenance and capacity dredging does not hold water. Dredging
    should be the secondary most important thing in our water plan after conservation.
    Ms. Betty Mooney, 201 Sunset Ave., said she wants all the citizens and ratepayers
    of Charlottesville to know we were well represented today at the meeting with the
    county. We have new information thanks to present Council, and we need to admit as a
    society we cannot continue to throw away our infrastructure. Dredging is the way to go.
    Mr. Sam Bush, 421 9th St NW, Apt. C, said music and arts on a core level are not
    to be considered a for-profit venture. Unofficial venues like The Garage, Christ’s Church
    and Cville Coffee are part of the reason why we are on the nation’s culture map. The
    Garage would be a difficult space to close legally because it is on the property of Christ’s
    Church. There are laws that keep places like this in check, and people who have abided
    by these laws should be allowed to continue to operate. He asked members of the
    audience who were present in support of local music to raise their hands.
    Ms. Cecelia Llompart, 221 9th St. SW, moved here one and a half years ago to
    attend the creative writing program at UVA Grad School. She teaches 15 undergraduate
    students at UVA about writing poetry. She offered them one opportunity to make up for
    their absences, which was to attend local music concerts. Venues that support musicians
    cannot pay them, but believe in the dreams of the musicians.
    Mr. Drew Carroll, 221 9th St SW, said most of the people who are musicians in
    this town are present tonight, and those who are not would be here if they were able. We
    are trying to further the culture. Most of these venues close by midnight. A lot of people
    have fallen in love with Charlottesville because of show trades.
    Ms. Collette Blount, 1523 Amherst, thanked Ms. Edwards and Mr. Jones for their
    efforts at initiating the events that led to and supported Dialogue on Race. She
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    encouraged Council to continue to fund Dialogue on Race and allow the vision time to
    grow and replace toxic roots of misunderstanding with vibrancy and optimism. The Rock
    Hill Academy is an amazing city asset. Council should visit it, and we should not lose it
    to the Meadowcreek Parkway. She gave her support for music venues and outlets for
    young people.
    Mr. Peter Castiglione, 1516 Chesapeake St., owner of Maya restaurant, said there
    is a fine line between a business that operates as a restaurant that supports live music and
    a music hall. Live music has become an integral part of what we do. He is concerned
    that some restaurants could be grandfathered out.
    Mr. Guion Pratt, 700 Hinton Ave., said viewing music as for-profit only is
    dangerous. Music is very accessible here in Charlottesville, and that keeps people in
    business and gives musicians a chance to do what they enjoy.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Dr. Brown thanked Jacob, Sam, Peter, Drew, and everyone else who came to
    speak about the music issue, especially because he has argued strongly in the past against
    regulations that impact local musicians. He said it is important to keep our music scene
    vibrant and requested that item h be pulled from the agenda. He thanked everyone that
    came to speak about Dialogue on Race, and he thanked Ms. Edwards for her efforts. He
    also thanked Mr. Collins for calling the immigration legislation to Council’s attention.
    Mr. Huja said Council should create a resolution to support immigration. He
    spoke in support of Dialogue on Race and said Council has unanimously supported the
    program and will continue to do so in the future. He was pleased to see so many young
    people in the audience. We should encourage musicians as much as we can. While we
    should not do so without regulations, we should not jump into solutions.
    Ms. Edwards said Mr. Collins and Ms. Llompart should create an opportunity for
    students to get together and talk about everything that has been done, because music is a
    way to connect people.
    Ms. Szakos thanked Mr. Collins for calling attention to the immigration
    legislation. Immigration is what makes our country strong, but even if we disagree on
    that basic premise, a lot of legislation before the General Assembly now would do things
    that would overburden our city workers and make our city less safe rather than more safe.
    She said a sound ordinance helps protect neighborhoods in a strong way and agreed that
    item h should be removed from the consent agenda. She fiercely supported Dialogue on
    Race and looks forward to supporting it in the future.
    Mr. Norris said he strongly supports the local music scene and local music
    venues. He was rather appalled when he heard about this effort and thinks this is moving
    in the wrong direction. He thanked Mr. Collins for bringing forward immigrant
    5
    legislation and said Council will work on crafting a good resolution. He said he supports
    continued funding for Dialogue on Race.
    Mr. Huja encouraged young people to apply for Boards and Commissions.
    On motion by Dr. Brown, seconded by Ms. Edwards, the following appointments
    were made to Boards and Commissions: Mr. David Heilbronner, CharlottesvilleAlbemarle
    Airport Commission; Mr. Steven C. Latimer to the Sister City Commission;
    Ms. Diane Gartner Hillman to the Housing Advisory Committee; Mr. John Kammauff,
    Mr. Matt Landahl, Mr. Skylar Hughes Lyon, and Mr. Sean McCord to the Parks and
    Recreation Advisory Committee; Mr. David Hondula and Mr. Lyle Sola-Yates to the
    Rivanna Solid Waste Advisory Committee; and Mr. Richard J. Brewer to the Personnel
    Appeals Board. (Ayes: Mr. Norris, Dr. Brown, Ms. Edwards, Mr. Huja, Ms. Szakos.
    Noes: none.)
    Ms. Edwards motioned to expand the Police Advisory Panel board by two seats,
    which shall be filled by youth. Dr. Brown seconded, and the vote carried unanimously.
    (Ayes: Mr. Norris, Dr. Brown, Ms. Edwards, Mr. Huja, Ms. Szakos. Noes: none.)
    CONSENT AGENDA
    Item h was pulled from the consent agenda.
    On motion by Ms. Szakos, seconded by Dr. Brown, the following consent agenda
    items were approved: (Ayes: Ms. Edwards, Mr. Norris, Dr. Brown, Mr. Huja, Ms.
    Szakos. Noes: None.)
    a. Minutes of January 3
    b. APPROPRIATION: $12,520 - Community Attention Youth Internship
    Program (2nd reading)
    c. APPROPRIATION: $157,143 – Victim Witness Assistance Program Grant
    (2nd reading)
    d. APPROPRIATION: $9,480 – Reimbursement from Albemarle County for
    Additional Wayfinding Signage (carried)
    e. APPROPRIATION: $14,598.42 – Smith Aquatic Center - Appropriation of
    Boys & Girls Club Reimbursement (carried)
    f. APPROPRIATION: $1,485 – Virginia Department of Fire Programs,
    Training Mini – Grant Award (carried)
    g. RESOLUTION: Land and Water Conservation Fund Application through
    the Virginia Department of Conservation and Recreation
    h. RESOLUTION: Restaurant/Music Halls (1st
    of 1 reading) pulled
    i. ORDINANCE: Donation of Land to Habitat for Humanity (2nd
    reading)
    6
    PUBLIC HEARING/ORDINANCE: SALE OF LAND TO SOUTHERN
    DEVELOPMENT (carried)
    Mr. Tolbert presented to Council. Southern Development will buy the property
    for $40,000 as is. They will have up to a year to review the property, and the proceeds
    would be appropriated back to the housing fund.
    The public hearing was opened.
    Ms. Allison Ruffner, 735 Graves St., said she wanted to know what assessments
    for surrounding properties were, and why the sale price was substantially lower.
    Mr. Stanton Braverman, Douglas Ave., said Southern Development has tended to
    cram everything together. The City should take a look at what they are going to develop.
    One house is acceptable, but trying to squeeze several houses or condos is not. The City
    should supervise the situation closely.
    Having no further speakers, the public hearing was closed.
    Mr. Tolbert said the property is zoned R2 but is only big enough for a single
    family house, so that is what will be built. The City assessor set a value of $50,000 for
    both lots, but given the issues we ran into with Burnett Commons, we know there may be
    high excavating costs.
    Ms. Szakos asked how the property would be assessed. Mr. Tolbert said the sales
    price will not affect assessment, and it will be based on surrounding properties.
    Mr. Huja said this is a good use of land at a good price, and provides a good
    transition from one type of housing to another. On motion by Mr. Huja, seconded by
    Ms. Szakos, the motion carried.
    PUBLIC HEARING/ORDINANCE: 401 4TH STREET NW (SRO SITE) (2nd reading)
    Mr. Tolbert presented Virginia Supportive Housing’s proposal for an SRO to
    Council. To facilitate the project, the City must sell the land to Virginia Supportive
    Housing, then finance the property with no payments due until 2042, which would be a
    30 year note that would coincide with end of construction.
    Ms. Allison Bogdanovich of VSH said Council is concerned with this project’s
    ability to last for 30 years and whether or not VSH can keep the building in operation for
    that long. She underlined VSH’s commitment to coming to Charlottesville and operating
    this building. Performance projections are worst-case scenarios. Dept. Exec. Director
    Cathy Talley spoke as well and said VSH is committed to serving the people of
    Charlottesville.
    7
    Mr. Huja said Council is also committed to this project, and he looks forward to
    the ground breaking next month.
    Ms. Szakos said the need to do this stems from state regulations, not something
    anyone did wrong. Our real vulnerability lies in the time before the building is
    completed, but she is not concerned.
    The public hearing was opened.
    Mr. Stanton Braverman, City resident, said the new project may be a home and a
    place for music.
    Mr. Ed Bayne, Chair of the TJAC for Homeless Board, said he has been working
    with VSH and reviewing a lot of projects they have around the state, particularly in
    Richmond. VSH is professional, and he asked Council to approve the project.
    Having no further speakers, the public hearing was closed.
    Dr. Brown said we lose control by selling the property, but we have some good
    people before us with a good track record. The community centers making a difference
    with the homeless population are doing so by providing this type of housing, so he
    supports it.
    On motion by Mr. Huja, seconded by Ms. Szakos, a second reading was waived.
    On motion by Mr. Huja, seconded by Dr. Brown, Council voted to pass the ordinance
    unanimously. (Ayes: Dr. Brown, Mr. Norris, Ms. Szakos, Ms. Edwards, Mr. Huja.
    Noes: None.)
    REPORT: WATER SUPPLY
    Ms. Mueller presented to Council. Chris Webster from Schnabel was present to
    answer questions. Staff is arranging to have a Black and Veatch consultant present to the
    county Board of Supervisors as soon as possible.
    Dr. Brown asked Ms. Mueller where we are on cost share agreement. Ms.
    Mueller said staff has met with the Albemarle County Service Authority and is working
    to pinpoint elements of each of the parts of the water supply and break it down into
    maintenance and added supply. Staff is aiming to bring a recommendation to Council of
    future water needs of the City and the University, which is the City’s largest customer.
    Mr. Norris said there is an assumption that the existing dam does not have
    structural integrity, but because of Black and Veatch’s report, we know that is not
    entirely accurate. Similar assumptions have been made about the current pipeline from
    Sugar Hollow Reservoir to Ragged Mountain, and Council has supported the idea of
    building a new pipeline, but it is vitally important to examine fair allocation of costs
    8
    relating to the new pipeline. If the assumption about the existing pipeline is not true, the
    lion share, if not all of the cost of a new pipeline, is to accommodate the county’s interest
    in increasing streamflows to Moormans’ river, in which case the county needs to pay for
    that cost. Mr. Norris asked how the City is determining what the cost allocation should
    be. Ms. Mueller said we have not come to a decision yet on how to assess that.
    Dr. Brown agreed on figuring out a cost share plan for the pipeline but disagreed
    that it is solely in the county’s interest. The driver in needing a pipeline is growth. It is
    important that we have enough storage capacity to take stress off our rivers. We need to
    be clear that city rate payers will not be paying for expanding county water supply.
    Hopefully UVA can see that it is in their best interest to help us pay for the cost of
    expanding. The second component of the plan is that we have to have enough capacity
    that we do not impact the rivers and ensure adequate streamflows. He would like to see
    us agree to go to 30 feet with the dam, and if we conserve and dredge, we will not need to
    go higher.
    Ms. Mueller said staff needs more direction from Council regarding conservation.
    Tiered rates can hurt the least able to pay in the City, and we want to be sensitive to that.
    Staff is tracking what the most progressive cities are doing with water conservation. Ms.
    Szakos said localities could agree to set a certain amount aside per year for tax breaks or
    rebates, and there are things that can be done at the business level as well. We should
    commit to conservation, not just talk about it in principle.
    Ms. Szakos asked Mr. Webster to review what an earthen dam with the add-on
    would look like. Mr. Webster said about 165 total acres would need to be cleared to
    build the dam, and this does not including clearing of the dam area itself. Regarding a
    phased approach, most of the cost is in building the foundation itself and the spillway
    structure, so 95% of cost of phased approach would be up front. The second phase would
    have additional impacts and cost that would be more than with a single phase approach. It
    would cost roughly 20% more to build the second phase. Mr. Norris said it makes more
    sense to build a concrete dam on the existing foundation. Mr. Webster said yes, or to
    build a full earthen dam and fill it in phases.
    Ms. Edwards asked about the legal ramifications of exploring a new permit, the
    time constraints, and if there is an opportunity to explore a new plan. Mr. Norris said we
    have to remember we are discussing options that are within the framework of the
    approved permit. The DEQ is looking to the City and the County for direction.
    Ms. Szakos said she is concerned over having to re-timber once the reservoir has
    already been expanded. She is not confident that thirteen feet will give us enough long
    term that we will not have to come back. Forty feet would satisfy everyone in the world
    that we would not have to come back for 500 years, but she said we should go with the
    minimum amount that enforces our commitment to conservation, dredging and the beliefs
    we have come up with based on new information. She does not want to risk being overly
    optimistic.
    9
    Mr. Huja said it is time for the City and the County to come to some conclusions.
    We need to provide adequate supply for future generations. UVA’s needs will almost
    double. Dredging needs to be part of the solution. We need to provide conservation
    incentives, and we need to build in trigger points.
    Dr. Brown moved that Council amend their previous resolution from September
    20, 2010, to include either an initial construction of a 30 foot dam or an initial fill of a 30
    foot dam with a full construction. Mr. Huja seconded the motion and said he supported
    construction of a 30 foot dam. Ms. Szakos said she would not support construction of a
    dam higher than 30 feet and would only support it if we lock in dredging and
    conservation. Council should do this with the belief that 30 feet is enough, but with the
    understanding that we would agree to add on to it much later if absolutely necessary. Dr.
    Brown said agreeing to a 30 foot dam height should help the County feel comfortable
    with supporting dredging. Mr. Huja said the City ought to have goals for conservation
    and some funding to support those goals. Mr. Norris said a thirteen foot increase was
    preferable because once you go beyond thirteen feet, the cost of the project increases
    significantly and increases the negative impacts on the surrounding natural area. Ms.
    Szakos said the likelihood of needing more than thirteen feet in the next 50 years is high,
    and the environmental impact of doing it twice makes it reasonable to take action now
    rather than push it off to later.
    On motion by Dr. Brown, seconded by Mr. Huja, Council voted to change the
    initial construction from thirteen feet to thirty feet. (Ayes: Dr. Brown, Mr. Huja, Ms.
    Szakos. Noes: Ms. Edwards, Mr. Norris.)
    Mr. Norris called for a fifteen minute recess.
    REPORT/ORDINANCE: ELECTRONIC GAMING CAFES (2nd reading)
    Mr. Nick Rogers presented to Council. This is a grey area at the state level.
    There are a number of bills submitted at the General Assembly to establish whether these
    venues are classified as gambling establishments or not. They were banned from North
    Carolina earlier last year.
    Mr. Norris asked why we cannot zone these businesses out of the city. Mr.
    Brown said he needs time to research the issue. Ms. Szakos said this is why we need a
    first and second reading on two separate occasions. Mr. Huja asked if a public hearing
    was required to change from two zones to zero zones. Mr. Brown clarified that this is a
    zoning text amendment, so we can add or subtract districts. Mr. Huja said Council
    should pass this ordinance today, and if we need to revert later, we can do so. Dr. Brown
    agreed.
    On motion by Mr. Huja, seconded by Dr. Brown, Council voted to waive the first
    reading. (Ayes: Mr. Huja, Dr. Brown, Ms. Edwards, Mr. Norris. Noes: Ms. Szakos.) Ms.
    10
    Szakos clarified that her vote was to make the statement that she does not want these
    types of establishments in the City.
    On motion by Mr. Huja, seconded by Dr. Brown, the ordinance was passed.
    (Ayes: Mr. Huja, Dr. Brown, Mr. Norris; Noes: Ms. Edwards and Ms. Szakos.)
    REPORT: SPCA ANNUAL REPORT AND BUDGET UPDATE
    Ms. Suzanne Kogut presented to Council on the recent activities of the SPCA,
    gave a budget update and a slide presentation.
    Ms. Edwards thanked Ms. Kogut for the presentation. Dr. Brown said he felt
    good about the money the City is spending on the SPCA after seeing Ms. Kogut’s
    presentation. Mr. Huja agreed. Mr. Norris said he was co-president of Voices for
    Animals when they started the Trap and Release Program and is pleased to see the
    partnership between SPCA and Voices for Animals. Even though no community has
    solved the problem of overpopulation of cats, he does think there are communities that
    are ahead of us, so he encouraged Ms. Kogut to continue to push in figuring out a
    solution to this issue. Ms. Kogut said she disagrees that there are many in front of us.
    Ms. Szakos commended Ms. Kogut for her attitude and as a previous dog foster home,
    she said she’d love to see Ms. Kogut’s attitude applied to many of our community’s
    problems.
    REPORT: RESTAURANT/MUSIC HALLS
    Mr. Norris asked Mr. Tolbert for more background on why this is before Council
    and what the intent is. Mr. Tolbert said characterizations earlier were incorrect, and
    media attention has caused misunderstandings. The issue is that depending on the area,
    our zoning code either allows music halls, or requires SUPs, or does not allow them at
    all. However, over the last couple of years, quite a few places have started as a bookstore
    or restaurant, and then added music later. There is not generally a problem with this, but
    venues that have had to go through the permit process feel it is unfair when others do not
    have to go through the process. We are trying to amend the ordinance to give
    establishments the opportunity to get their permit so they can operate legally. Tonight’s
    agenda item simply initiates a study on how to fix some of these permitting issues. We
    absolutely do not want to put places out of business, and we want to make it easier for
    places in the future to get permitted. We intended on involving interested parties fully
    once we go to the Planning Commission with our recommendations.
    Mr. Huja asked if the City has been enforcing permit rules to date. Mr. Tolbert
    said for the most part, only if someone is blatantly out of control. The City is not issuing
    zoning violations at this moment because of this issue.
    11
    Mr. Norris asked about the difference between an SUP and a provisional use
    permit. Mr. Tolbert said an SUP goes through Council. Provisional permits are done
    administratively and are not appropriate everywhere. Staff can issue provisional use
    permits as long as they meet certain criteria laid out in the city code, and those permits
    can be pulled if they violate criteria.
    Mr. Norris said this is an onerous process for smaller venues and asked if staff
    could broaden the applicability of the provisional use permit to any venue where we have
    not had complaints. Dr. Brown asked if staff has worked on the definition of a music hall
    and if there are ways of looking and defining venues, i.e. acoustic vs. amplified. Mr.
    Norris asked how many venues the proposed new rule would put out of business. Mr.
    Tolbert said only one. Dr. Brown asked where music is prohibited, and Mr. Tolbert said
    the M1 and Industrial Corridors are the only places that prohibit music.
    Ms. Szakos asked about the timeline. Mr. Tolbert said this will probably be
    addressed at the March meeting of the Planning Commission and the April meeting with
    Council. Ms. Edwards asked Mr. Tolbert to inform Council of meetings with the
    Planning Commission and staff.
    On motion by Dr. Brown, seconded by Mr. Huja, the ordinance carried
    unanimously. (Ayes: Dr. Brown, Mr. Huja, Ms. Edwards, Mr. Norris, Ms. Szakos.
    Noes: None.)
    REPORT: JPA BRIDGE
    Mr. Jones said VDOT’s lowest bid came in at $1.2m over the budgeted amount.
    VDOT asked us to find money to pay for it. We asked them to fund it with their own
    dollars, but they said they cannot. We can either take money from the Belmont Bridge
    project, or we can use CIP contingency funds to cover construction costs. There is a
    meeting tomorrow about a decision to award the contract. We can delay for one month,
    but staff is concerned that will push the project into another UVA football season, which
    we want to avoid.
    Mr. Huja asked what staff recommends. Mr. Jones said staff was initially
    uncomfortable with using money from the Belmont Bridge project, but once JPA is
    underway, Belmont Bridge will be the number one priority, and we have a good chance
    of getting revenue sharing dollars for that project. Taking money out of that project may
    actually increase the odds of getting sharing dollars down the road.
    Mr. Tolbert said the $1.2 million overage includes built-in contingencies that may
    or may not have to be spent. Also, the bond agreement for transportation has about
    $550,000 set aside for the JPA bridge, which would further reduce the cost and put
    money back in Belmont bridge.
    Dr. Brown said he does not understand how spending money from the Belmont
    Bridge project would increase our chances of getting matching money down the road.
    12
    Mr. Tolbert said we would not need money from the Belmont Bridge revenue sharing
    match until two or three years from now. Dr. Brown said that is not where we need to be.
    Mr. Tolbert said we need $8.5 million. Revenue sharing is there every year, and we have
    to have it there to match it. Dr. Brown said he does not want to misinterpret the
    seriousness of the need to replace the Belmont Bridge. Ms. Szakos said she does not
    want to spend $1 million to avoid misconception. Mr. Norris asked why VDOT’s
    estimates came in much higher than anticipated. Mr. Tolbert said the railroad put in
    requirements that we did not expect. Ms. Szakos said the railroad company is not paying
    anything towards this project. Mr. Tolbert said no, they are not. VDOT is also not
    paying anything on the overage. Ms. Szakos said everyone who can dump this is
    dumping it, and we wind up with the balance. Mr. Norris said in order to get the project
    completed, we are going to have to spend money.
    On motion by Mr. Huja, seconded by Ms. Edwards, Council voted to take money
    out of the Belmont Bridge fund. (Ayes: Mr. Norris, Dr. Brown, Ms. Edwards, Ms.
    Szakos, Mr. Huja. Noes: None.)
    Regarding the immigration resolution, Mr. Norris said Council will edit the
    resolution and bring it to the February 7th regular meeting.
    MATTERS BY THE PUBLIC
    Ms. Lex Gibson, 1808 E. Market St., said she just opened a business on
    Elliewood Ave., where they planned to have live music. She said the 65db limit was
    overkill, especially since it was based on one establishment’s mistake. There should be
    more accountability for individual businesses. The City is setting arbitrary and
    dangerous precedents. Small businesses cannot afford $1500 for permits. The City’s
    definition of music halls is ridiculous.
    Mr. Richard Lloyd, 1825 Locust Shade Ct., asked Ms. Szakos how many years’
    worth of a water supply were comfortable to her. He asked Mr. Huja how adding 30 feet
    to the dam supports dredging. He asked Dr. Brown if this was another step to appease
    the County. Cost sharing has not been done.
    Ms. Rebecca Quinn, 104 4th St., said tonight the vote for a 30 foot dam veered
    from a factual basis. She asked Council to reread the DEQ letter about permitted stream
    flows. She was concerned that Ms. Mueller indicated dredging has not been part of the
    cost share discussion so far. The County should contribute to dredging. Redo the
    demand analysis; it is a key data point.
    Ms. Dede Smith, 2652 Jefferson Park Cir., asked what the City got in return for
    the 30 foot dam. Dredging is not tied to the plan. The County already said they do not
    want to dredge. She said Council has sold out city resources, the city people and the
    Rivanna River.
    Ms. Betty Mooney, 201 Sunset Ave., said we will have to agree to disagree. She
    agreed with Ms. Smith, and the three Councilors who voted for the 30 foot dam caved
    into the County. Council was following a fact-based approach that was leading to a
    better water plan. Council has made no commitment to dredging, with hundreds of
    people who have come before you saying we should dredge first. We had a better plan in
    the works, and there were no facts to support Council's decision.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Ms. Szakos said it is important to protect City assets and make sure we will not
    have to come back and raise the dam height again later. The County may be our
    adversary, but they are also our partner in this plan. Both ends of this discussion are not
    going to like what is going to come out in the middle, but looking at current data, this is
    what she believed was right. She told Ms. Quinn that the county needs to share costs.
    Dredging should stay critical, as well as conservation.
    Mr. Huja said he follows the facts as he best understands them, and he does his
    best to represent the City and make decisions to the best of his ability. If citizens do not
    want to vote for him because he does not do what they want, that is their decision to
    make.
    Dr. Brown said he has not seen pressure from the county. He has seen pressure
    from City residents and from friends. We have an issue where the water supply needs to
    be expanded. People disagree on how to go about that and what the implications are. It
    seemed clear to him that 13 feet was not getting us anywhere, and 30 feet was.
    Mr. Norris said the DEQ said a 13 foot rise plus restorative dredging of the South
    Fork Reservoir would have met our needs for at least 40 years, and that was based on
    what many of us thought was an overly robust water demand for 50 years from now. He
    agreed with comments that the City had a good viable alternative. A 30 foot rise
    discourages aggressive water conservation, and does not make financial sense to pursue
    dredging once that much capacity has been added. A 30 foot rise obviates the pressure
    for dredging and pressure to act aggressively on conservation efficiency. He said he was
    disappointed with tonight's vote, but that is democracy.
    Mr. Norris asked Mr. Tolbert to replay the comments Ms. Gibson made, because
    not only should the music scene she described be allowed under this approach, but we
    should figure out how to encourage and facilitate it. That is what makes Charlottesville
    such a special place.
    The meeting was adjourned.
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Monday, February 7, 2011, AT 6:00 p.m. IN THE Second Floor Conference
    Room.
    THE PROPOSED AGENDA IS AS FOLLOWS:
    Closed session as provided by Section 2.2-3712 of the Virginia Code
    BY ORDER OF THE MAYOR BY Paige Barfield
    SECOND FLOOR CONFERENCE ROOM – February 7, 2011
    Council met in special session on this date with the following members present:
    Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos.
    On motion by Ms. Szakos, seconded by Dr. Brown, Council voted (Ayes: Dr.
    Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos. Noes: None) to meet in closed
    session pursuant to section 2.2-3712 of the Virginia Code, for 1) Discussion and
    consideration of prospective candidates for appointment to City boards and commissions,
    as authorized by Virginia Code sec. 2/203711 (A)(1); and, 2) Discussion of the
    acquisition of real property located on Davis Avenue for a public purpose, where
    discussion in an open meeting would adversely affect the negotiating strategy of the City,
    as authorized by Virginia Code sec. 2/2-3711 (A)(3); and, 3) Discussion concerning a
    prospective business locating in the City and the availability of financial incentives for
    the relocation, where there has been no previous announcement of the business’s interest
    in locating in the City, as authorized by Virginia Code sec. 2.2-3711 (A)(5).
    On motion by Ms. Szakos, seconded by Dr. Brown, Council certified by the
    following vote, (Ayes: Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos.
    Noes: None), that to the best of each Council Member's knowledge, only public business
    matters lawfully exempted from the open meeting requirements of the Virginia Freedom
    of Information Act and identified in the motion convening the closed session were heard,
    discussed or considered in the closed session.
    COUNCIL CHAMBER – February 7, 2011
    Council met in regular session on this date with the following members present:
    Ms. Edwards, Mr. Norris, Dr. Brown, Mr. Huja, Ms. Szakos.
    2
    ANNOUNCEMENTS
    Ms. Szakos announced the next Town Hall Council Meeting on Wednesday,
    February 16th at Westminster Presbyterian Church on Rugby Rd. for the JPA/Venable
    neighborhood, 6:00 p.m. to 8:00 p.m.
    Mr. Norris announced that City Hall will be closed February 21st. Deadline for
    adult scholarship programs is February 15th. For more information go to
    www.cvillescholarship.org.
    MATTERS BY THE PUBLIC
    Mr. Tom Howard, 800 King William Dr. in the county, is a member of the
    Dunlora Homeowners Association. He asked Council to rescind the portion of the
    ordinance that was approved by Council in June 2006 saying no portion of the parkway
    shall be opened until the entire project is completed. The heavy construction on Rio
    Road is dangerous. He asked that the parkway be allowed to open again.
    Ms. Martha Levering, 712 Grove Ave., said she is speaking in favor of the 2006
    approved plan. She thanked Council for the vote to raise the pool level by 30 feet. She
    said Council should vote to raise the height to 42 feet now to save money in the future.
    Ms. Joanna Salidis, 129 Goodman St., said she was disappointed in the vote to
    build a 30 foot dam on January 18th. She said the decision ignores how much water we
    actually need and the cost. She said water usage studies are fundamentally flawed, and
    the 2006 Plan prioritizes the health of the Moormans River over the health of the Rivanna
    River.
    Mr. Lou Hart, 477 Fontana, is a member of a Hispanic Church community in
    Charlottesville. He said Virginia has passed some of the most aggressive bills against
    undocumented immigrants. He supports the resolution against anti-immigration
    legislation.
    Mr. Bill Ross, 210 10th St., said he has participated in a variety of construction
    projects in the past 50 years and has concerns over developing plans for the Ragged
    Mountain Reservoir. He said letting time pass between a 30 foot rise and a 42 foot rise is
    problematic. Expansion of the community water supply is an opportunity to plan for a
    more secure future.
    Mr. Downing Smith, 810 Locust Ave., read the headline from the Daily Progress,
    “County Praises Vote on Dam”. He said he is disappointed with Council’s actions. He
    read posts from comments on The Hook article.
    Mr. Peter Loach, 1620 Rose Hill Dr., thanked the Council for considering antiimmigration
    legislation. He discussed what he learned from attending Assembly
    3
    meetings regarding the legislation and thanked Ms. Szakos for her leadership on the
    issue.
    Mr. Brandon Collins, 536 Meade Ave., thanked Council for considering the
    resolution on the anti-immigrant legislation. He asked for the resolution to be read aloud
    during the meeting. Council can visit Virginiaunitedagainstdepression.wordpress.com for
    more information. He asked supporters in the audience to stand.
    Ms. Maria Jimenez, 1319 Southwood Trailer Park, said she belongs to the group
    Southwood Alliance and is working with the Wayside Center. She asked the City for
    support on stopping the anti-immigration laws because they deny education to our
    children.
    Mr. Eddie Banks, 500 1st St., said he has been working on a documentary. He
    played a song on the harmonica for Council.
    Ms. Alexandra Triana and Mr. Danny Narro, 201 14th St., said they are UVA
    students representing the UVA Student Latino Alliance. They have attended General
    Assembly meetings in the past few weeks and are disturbed to see what has been going
    on. Mr. Narro said we also need to discuss the stigma of the word “illegality”. It should
    not be used by the law to legitimate discrimination. He invited Council to watch the
    story of the Student Latino Alliance group marching last November 15th on youtube.com.
    Mr. Bob Fenwick, City of Charlottesville, 901 E. Jefferson St., said community
    politicians favored dredging Rivanna Reservoir for recreational purposes, not for
    additional water capacity. Floating boats is a bonus but should not be the goal. A serious
    omission in the dam plans is that there is no provision for future dredging at Ragged
    Mountain. Every reservoir built has to be dredged at some point, or be abandoned.
    Jacob Wolf, 614 Blenheim Ave., and Bailey Hampton, 613 Blenheim Ave., said
    they have gathered lawyers to discuss the music hall issue. There is a meeting at City
    Space on February 15 to discuss with Mr. Tolbert his recommendations to Council. They
    would like to meet with Council individually to discuss this matter. Mr. Wolf thanked
    Mr. Norris and Mr. Tolbert for coming to the meeting at Random Bookstore and
    answering questions.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Mr. Huja requested to pull anti-immigration from the consent agenda so the
    resolution can be read aloud.
    Ms. Szakos asked to add HB 2332 to the heading since the bill had been
    introduced since the writing of the resolution. In response to Mr. Howard, she said it was
    a disaster for the City schools to have the parkway open, and it is not as simple of an
    4
    issue as it may seem. She thanked everyone who spoke about immigration. She said Mr.
    Smith should rise above name calling.
    Dr. Brown said the water issue is often presented as if there is only one reasonable
    side, but it is a complicated issue. A number of thoughtful people in the community have
    praised Council’s vote. In response to Mr. Fenwick’s concern about the silting in of
    Ragged Mountain, while it does not fill very fast, it also does not have a large area from
    which to drain silt. When silt occurs, it is going to be very slow, compared to the South
    Fork reservoir, which has a very large drainage reservation.
    Ms. Edwards thanked Mr. Banks for reminding us that Charlottesville is a special
    place to live, grow, and disagree.
    Mr. Norris thanked the speakers on anti-immigration legislation, and particularly
    thanked Ms. Jimenez for speaking on how these efforts are an assault on her community
    and by extent our community as a whole. He thanked Mr. Wolf and Ms. Hampton for
    their excellent discussion about live music at the bookstore. He said Ms. Salidis gave one
    of the best summaries he has heard yet of the need to retool the water supply plan and
    appreciated the cautions she urged. We cannot be led by misinformation. He said Mr.
    Ross mentioned the questionable integrity of the Ragged Mountain Dam, but he has yet
    to see a study that calls the dam’s integrity into question.
    On motion by Dr. Brown, seconded by Mr. Huja, Council appointed Pascal
    Bussiere to the Police Advisory Panel. Dr. Brown also announced the following Council
    positions on Boards and Commissions: Ms. Szakos to the Albemarle/Charlottesville
    Regional Jail Authority; Mr. Norris to CRHA; Ms. Szakos to the Housing Advisory
    Committee; Mr. Huja to JABA; Mr. Huja and Ms. Szakos to the MPO Policy Board; Ms.
    Edwards to the Policy Advisory Panel; Mr. Norris to the Retirement Commission; Ms.
    Edwards to the Rivanna Solid Waste Authority; Dr. Brown to the Rivanna Water and
    Sewer Authority; Ms. Szakos to the Social Services Advisory Board; Mr. Huja to the
    TJPD Commission; Mr. Huja to the 250th Anniversary Planning Committee; Mr. Huja to
    the Piedmont Workforce Group; Dr. Brown and Ms. Edwards to the Rivanna River Basin
    Commission; Ms. Szakos to the Community Scholarship Board; Mr. Norris and Ms.
    Edwards to the Planning and Coordination Council; and Ms. Edwards to the Dialogue on
    Race Committee. (Ayes: Mr. Norris, Ms. Edwards, Ms. Szakos, Dr. Brown, Mr. Huja;
    Noes: None.)
    CONSENT AGENDA
    Mr. Norris asked Ms. Szakos to read the anti-immigration legislation aloud.
    Item h on the consent agenda was deferred for further consultation with the
    neighborhood.

    5
    On motion by Mr. Huja, seconded by Ms. Szakos, the following consent agenda
    items were approved: (Ayes: Ms. Edwards, Mr. Norris, Dr. Brown, Mr. Huja, Ms.
    Szakos. Noes: None.)
    a. Minutes of January 18
    b. APPROPRIATION: $9,480 – Reimbursement from Albemarle County for
    Additional Wayfinding Signage (2nd reading)
    c. APPROPRIATION: $14,598.42 – Smith Aquatic Center Appropriation of
    Boys & Girls Club (2nd reading)
    d. APPROPRIATION: $1,485 – Virginia Department of Fire Programs,
    Training Mini – Grant Award (2nd reading)
    e. APPROPRIATION: $7,500 – Family Finding Training (carried)
    f. RESOLUTION: Amendments to Agreement between CEDA and
    Jefferson School Community Partnership
    g. RESOLUTION: Anti-Immigration Legislation
    h. ORDINANCE: Sale of Land to Southern Development (2nd of 2
    readings)
    PUBLIC HEARING/ORDINANCE: SALE OF 409 STADIUM ROAD (carried with
    revisions)
    Ms. Kathy McHugh presented to Council on the Ordinance. Staff recommended
    adoption of Ordinance A. Mr. Norris asked for the basis of staff’s recommendation.
    Staff felt it was consistent with the original proposal. They have been firm, consistent
    and up-front and presented a very well laid-out plan initially.
    Mr. Gate Pratt, 946 Grady Ave., and Mr. John Craiyfack, 1940 Blue Ridge Rd.,
    said leaving this site undeveloped leaves the property open to the risk of a project of
    unknown quality being put on this site later. They are proposing a classical style building
    and will replace trees with the City’s choice.
    Mr. Rick Jones of MSC said none of this property is owned by MSC. He said he
    is making the offer jointly with Mr. Doug Caton as general partners through a limited
    partnership, which also owns the adjoining parcels. The proposed building is double the
    height of the house he owns and paid to have refurbished recently. Their proposal is
    completely opposite of Charlottesville Apartments. They would like to put an IPP
    (individually protected property) designation on the adjoining house.
    6
    Mr. Pratt said he is not proposing a new curb cut, but would instead use Woodrow
    Street. This is not a final proposal; this is a concept that will have to go through the
    Planning Commission.
    Mr. Jones said right now he has 57 apartments at Woodrow, which he is allowed
    because it is zoned R3. He said he does not have a vision for the next ten years. Ms.
    Szakos asked Mr. Jones if leaving the trees on the lot would enable him to have a capand-trade
    arrangement for his other lot. Mr. Jones said he would like to take the density
    he is allowed and use it somewhere else on his property at some point in the future.
    The public hearing was opened.
    Ms. Nina Barnes, 12 Gildersleeve Way, said she was representing the JPA
    neighborhood association and read a statement regarding the City’s sale of 409 Stadium
    Road. The neighbors met with each of the proposers and applauded each man for
    attention to maintenance and beautification of the properties they own. The neighbors
    agreed that this property is inappropriate for development and could be ideally suited for
    use as a green space. It could be cleaned up, maintained and beautified. The
    neighborhood needs a resting place with some good landscaping. The JPA association
    thinks Mr. Jones’ proposal is best because he will leave it undeveloped. They ask the
    following: 1) that he accepts historic designation for his renovated stone house and his
    newly purchased property; 2) that the property be cleaned up and beautified; and 3) that
    he consult with the neighborhood for future planning of the 409 Stadium Road site.
    Ms. Sallie Brown, 110 Shamrock Rd., said she is a member of the JPA
    Association but is speaking on behalf of the good of the City on the whole. She said she
    would love to see the lot as a small urban park, but knows that is not to be. She supports
    Mr. Jones’ idea for the land because he proposes to delay development. A big building
    on the corner will destroy the intersection’s current sense of scale and balance. The JPA
    neighborhood has the least amount of green space. Build if you must, but please save the
    trees.
    Ms. Jane Foster, Gildersleeve Wood, said they would be thrilled if this land could
    be a small pocket park and thanked Council for listening to the neighbors who came this
    evening.
    Having no further speakers, the public hearing was closed.
    Ms. McHugh clarified that you cannot have an IPP for a vacant piece of land.
    Mr. Huja asked if the piece of land could be combined with the stone house lot
    and then become an IPP. Ms. McHugh said that it could.
    Mr. Huja said he would like to see the property left undeveloped and the trees and
    open space saved. The development will be out of scale, cause traffic problems, and
    7
    cause confusion at the site. A condition of the deed should be that it not be developed
    and be combined with the stone house property.
    Mr. Norris asked if we could require Mr. Jones to maintain, clean up, and beautify
    the parcel. Mr. Brown said we could negotiate that as part of the sales contract.
    Ms. Szakos asked what the procedure for public notice of looking for bids on this
    project was. Ms. McHugh said staff prepared a request for proposal, ran an ad in the
    newspaper for a week in October, had a list of people who had expressed an interest in
    the piece of property, sent out to realtors, and did mass mailings in conjunction with the
    ad in the paper. Staff placed a sign on the property before the first public hearing by
    Council and after the RFP was initially advertised. Mr. Tolbert said we also mailed to
    owners of record within 500 feet before the public hearing.
    Ms. Edwards said she agreed with Mr. Huja.
    Dr. Brown said he has been a strong advocate on preservation issues and
    appreciates the efforts that have been made to protect that property and also is in
    agreement with Mr. Huja.
    Mr. Norris said this is a difficult decision for him because there are two
    compelling interests: creative urban development and preservation of the tree canopy. He
    was swayed by hearing from the neighborhood. He would like to make cleaning it up
    and beautifying it a condition of the sale.
    Ms. Szakos the need for housing is huge, and she is a big fan of process. She said
    she is dismayed that Council is not going by the original plan and following the process.
    The neighborhood should have been involved with this before the deadline. The
    notification issue was important.
    Mr. Huja moved that property be sold to Mr. Jones with the condition that the lot
    be combined with the stone house and be designated for preservation, cleaned up, and not
    developed in the future. Ms. Edwards seconded. The motion will carry forward to the
    next meeting for a final vote.
    PUBLIC HEARING/ORDINANCE: LONGWOOD PARK PUD – EXCHANGE OF
    LAND (carried)
    Mr. Brown presented to Council
    The public hearing was opened. Having no speakers, the public hearing was
    closed.
    Ms. Edwards said she opposed this development in Longwood, and she will
    remain consistent with that.
    8
    On motion by Mr. Brown, seconded by Mr. Norris, the motion carried forward to
    the next meeting.
    REPORT/RESOLUTION: CARVER RECREATION CENTER LEASE
    Mr. Brian Daly presented to Council. Tonight represents the culmination of a lot
    of work by staff and others over several years. Language specific to a sublease with
    Martha Jefferson has yet to be finalized and will have to come back for Council’s
    approval.
    Mr. Norris confirmed with the Jefferson Partners representatives in attendance
    that they were pleased with the results. Ms. Szakos asked if there is space for boxing.
    Mr. Daly said yes. Ms. Szakos said she is dedicated to nonviolence, but boxing is a good
    teaching sport for kids.
    Mr. Norris thanked Mr. Daly and the Jefferson Partners for their work.
    On motion by Ms. Szakos, seconded by Mr. Huja, the resolution passed
    unanimously. (Ayes: Ms. Edwards, Ms. Szakos, Mr. Huja, Dr. Brown, Mr. Norris; Noes:
    None.)
    REPORT: BLACK AND VEATCH PRESENTATION
    Mr. Jones said Council decided to support a 30 foot dam raise at the January 18th
    meeting. It was left undetermined whether Council wanted to build on the current dam or
    build a new earthen dam. Council requested to bring back both Schnabel and Black and
    Veatch to report to Council and answer questions.
    Mr. Huja said it was a 30 foot water height. Mr. Jones said that it was a 30 foot
    dam, but invited Council to clarify during tonight’s discussion.
    Mr. Ziminsky from Black & Veatch presented a short power point presentation on
    the Lower Ragged Mountain Dam raise. He explained the process for building the dam,
    what a 30 foot raise would entail, and what raising it to 42 feet would require. A single
    phase reservoir raise would be less expensive than a two phase reservoir raise.
    Staff clarified that a 30 feet reservoir height means an actual dam height of about
    40 feet. Mr. Huja and Ms. Szakos confirmed that this was their understanding.
    9
    REPORT: SCHNABEL PRESENTATION
    Mr. Chris Webster presented a power point presentation to Council. Randy Bass,
    lead designer and project manager, was also present.
    Ms. Szakos asked if you are able to walk across the top of the dam. Mr. Webster
    said yes. They want to maintain a rustic character. Mr. Norris asked how you approach
    the design of the spillway with a phased approach. Mr. Webster said the principal
    spillway is part of a tower, which will not change. For the auxiliary spillway, used in an
    extreme storm event, the existing spillway would need to be excavated 17-18 feet deeper,
    and over time a concrete wall would be constructed for the lower portion of the spillway.
    The idea is that as you raise the reservoir you need to make the emergency spillway at a
    higher level. Ms. Szakos asked what would happen with the excess materials. Mr.
    Webster said it would be used for fish habitat materials. They seek to use as much of the
    materials as possible.
    Mr. Norris asked for a footprint of earthen dam versus the concrete dam. Mr.
    Webster said the earth dam has a larger footprint, but it would be an extension of the two
    ridges coming together. Regarding the existing dam, the earth buttress in place now
    would be removed. The design does not include rock anchoring. The height would be
    similar to the concrete dam, but with a larger footprint. Mr. Bass said the grout curtain is
    important because of the structural issues that exist deep below the earth with an earthen
    dam. The grout curtain would have to be more extensive for a concrete dam.
    Ms. Szakos said she is unmoved by looking into whether it is more economical to
    build 30 feet now or 42 feet now, as she believes a 30 foot reservoir is as much as she
    would consider building.
    Mr. Huja said he hopes Ms. Szakos is right, especially with dredging and
    conservation.
    Mr. Norris asked Council if they felt more compelled by an earthen dam or a
    concrete dam.
    Ms. Szakos said a concrete dam is physically smaller but is also more visually
    jarring than an earthen dam. She said the earthen dam may have less of an environmental
    impact on the people below and the actual site.
    Mr. Huja said he would rather see a new earthen dam built than adding onto old
    dam.
    Dr. Brown said he is comfortable with either approach but thinks an earthen dam
    has been engineered further, and the cost is more certain. We should be firm about 30
    feet, as there is no reason to build a full height dam just because it is the cheaper thing to
    do. He said we should work with the service authority to move forward with one of the
    designs.
    10
    Ms. Szakos asked if we would have the potential to hire more local people in
    building an earthen dam. Mr. Ziminsky said concrete is specialized, as is putting in earth
    for an earth dam. Portions of the project would require local workers, but he could not
    say how it would compare to an earthen dam.
    Mr. Norris said building on the existing concrete dam would have significantly
    less impact on the environment and would cause less destruction to the natural area. He
    thanked Mr. Ziminsky for presenting an option that he thinks is compelling, even if it
    does not have the support of the majority of Council. We can use existing assets in a
    fiscally responsible and environmentally sensitive manner.
    Ms. Szakos asked how building on the concrete dam would it be less
    environmentally destructive. Mr. Norris said the amount of destruction to the natural
    area and the amount of earth that will have to be mined and harvested for the earthen dam
    dwarfs what is required for the concrete dam. Mr. Huja said we should hire a consultant
    to look into this. Mr. Norris said we do not need to, because it is simply a statement of
    fact.
    Council clarified that it is a 30 foot reservoir height, not a 30 foot dam height.
    The September 2010 resolution should be amended to clarify what is being increased by
    30 feet and whether we will build an earthen dam or build on the existing dam. Ms.
    Szakos asked Council to put the question back to the Rivanna board about what kind of
    dam they want to be built. Council decided to amend the resolution at the next Council
    meeting.
    REPORT: DIALGOUE ON RACE
    Mr. Bob Gross and Ms. Gertrude Ivory, chairs of the Dialogue on Race
    Committee, presented a power point presentation with an overview of Dialogue on Race
    activities. The Steering Committee made the following recommendations: 1) reauthorize
    the Dialogue on Race initiative for 2011-12 and reauthorize the Dialogue on Race
    Coordinator position for 2011-2012; 2) allocate $15,000 for additional expenses with the
    understanding that the Steering Committee will seek private funding to supplement the
    City’s support; 3) amend the City Council’s vision statement and strategic plan initiatives
    and goals; and 4) proclaim Annual Race Unity Day to commemorate this initiative. Mr.
    Gross asked members of the Steering Committee and members of the Action Teams to
    stand and be recognized.
    Dr. Brown said the committee’s accomplishments are impressive. He is proud of
    how the community has come together. Mr. Jones confirmed that they are asking for an
    additional $15,000 for the next fiscal year and that this would be considered during
    budget discussion.
    11
    Mr. Huja said this has been a successful process and echoed Dr. Brown’s support.
    He was intrigued by the 2010 census. There are more citizens of Asian origin in
    Charlottesville than of Latin origin.
    Ms. Szakos asked how the committee intends to come up with funding from other
    sources, and who would write proposals and develop relationships. Mr. Gross said it will
    be a subcommittee of the Steering Committee. Ms. Szakos said it may be good to
    involve staff who have experience with this.
    Mr. Norris said he long felt that one of the most important things in terms of
    matters of race in this community is to rebuild a black middle class in Charlottesville and
    encourage more workplace diversity by retaining more black professionals in the
    community. He asked if there is a group looking at issues of workplace diversity and
    how we can increase professionals of color in public and private sector employment.
    \
    Mr. Gross said the economic work group is working on this. Ms. Green said they
    are currently planning an economic summit, tentatively scheduled for May 23rd, in
    conjunction with the TJED office.
    Ms. Edwards said UVA has the best and brightest African American students, and
    we need to work harder to give them reasons to stay in our community after graduation.
    Council said the Dialogue on Race has their full support.
    MATTERS BY THE PUBLIC
    Mr. Peter Kleeman, 407 Hedge St., said he supports the ordinance that prohibits
    Meadowcreek Parkway from opening. Information about safety issues are larger, and we
    must consider community safety issues in total. He thanked Ms. Szakos for bringing this
    to our attention. He said this is the second time there has been an item on the agenda
    regarding water with no notice that action is going to be considered. This gives the
    community no opportunity to have interaction with Councilors about their concerns. He
    asked that unless action is indicated on the agenda, no action be taken unless it is an
    extreme emergency.
    Ms. Rebecca Quinn, 104 4th St., said an earthen dam will have more adverse
    environmental impacts on the site. Excavation will put our existing water supply at risk
    every time it rains. The concrete dam will only fill stream length that is already filled.
    Ms. Dede Smith, 2652 Jefferson Park Cir., said according to the Census, growth
    was not only in line with predictions for the water plan, but was actually more, especially
    in the urban area of the county. Despite the fact that our local community has seen an
    increase of 15% in our population, we are still way below projected water usage. Our
    decrease in water has been at least 17%. We’re well below what our current plan is sized
    for. Also, there have been a number of PUDs on the agenda, but she asked Council to
    ask a few additional questions as they consider them. Look at it holistically, particularly
    with Cherry and Ridge. Consider where the children are going to go to school and how
    that impacts low income, high density areas.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Mr. Norris said he takes full blame for not making sure we noted on the agenda
    that there was an expectation Council would take action regarding the composition of the
    dam. Dr. Brown said he disagrees, and that there have been numerous occasions where
    we have decided to make a motion on an item on our agenda during the meeting. We
    should not slow ourselves to a snail's pace just because we did not plan for action ahead
    of time.
    Mr. Huja said he agrees with Mr. Kleeman in principle, but sometimes you have
    to make decisions. We are also responsive to taking items off the agenda.
    The meeting was adjourned.
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Tuesday, February 22, 2011, AT 6:30 p.m. IN THE Second Floor Conference
    Room.
    THE PROPOSED AGENDA IS AS FOLLOWS:
    Closed session as provided by Section 2.2-3712 of the Virginia Code
    BY ORDER OF THE MAYOR BY Paige Barfield
    SECOND FLOOR CONFERENCE ROOM – February 22, 2011
    Council met in special session on this date with the following members present:
    Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos.
    On motion by Ms. Szakos, seconded by Dr. Brown, Council voted (Ayes: Dr.
    Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos. Noes: None) to meet in closed
    session pursuant to section 2.2-3712 of the Virginia Code, for discussion of the
    acquisition of real property located on Davis Avenue for a public purpose, where
    discussion in an open meeting would adversely affect the negotiating strategy of the City,
    as authorized by Virginia Code sec. 2.2-3711 (A) (3).
    On motion by Ms. Szakos, seconded by Mr. Huja, Council certified by the
    following vote, (Ayes: Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos.
    Noes: None), that to the best of each Council Member's knowledge, only public business
    matters lawfully exempted from the open meeting requirements of the Virginia Freedom
    of Information Act and identified in the motion convening the closed session were heard,
    discussed or considered in the closed session.
    COUNCIL CHAMBER – February 22, 2011
    Council met in regular session on this date with the following members present:
    Ms. Edwards, Mr. Norris, Dr. Brown, Mr. Huja, Ms. Szakos.
    ANNOUNCEMENTS
    Mr. Norris announced that Greenbrier Elementary School won the Governor’s
    Award for Excellence. Mr. Jim Kyner, Principal of Greenbrier Elementary was there to
    accept the award.
    2
    There will be another community design workshop on March 2nd at 6:00 p.m. at
    City Space for design of the Belmont Bridge. The City is accepting applications for the
    new Tree Commission, and the deadline for applying is February 28. Sheriff James
    Brown will present a workshop on Disaster Preparedness training on Saturday, March
    12th from 9:00 a.m. – 4:00 p.m. at the Holiday Inn on Emmett Street.
    Ms. Edwards announced “Healthy Birth, Healthy Baby” on Saturday March 5th
    from 10:00 a.m. – 5:00 p.m. at the Herman Key Center. This is a series of free
    workshops. For more information, visit www.healthybirthhealthybaby.com.
    Dr. Brown announced the rescheduled Carbon Energy community workshop at
    the County Office building this Thursday, February 24th.
    MATTERS BY THE PUBLIC
    Ms. Karen Waters, 1014 St. Charles Ave., said she is the chair of the Housing
    Advisory Committee. In December 2010, the HAC passed a resolution clarifying their
    2025 goals for affordable housing recommendations. She said these should be adjusted
    to be consistent with the annual goals, which were written by City staff as a result of an
    efficiency study. She asked Council to fully fund the Housing Plan. She asked members
    of the audience in support of fully funding affordable housing to stand.
    Mr. Paul Long, 1410 Grady Ave., said the number of homeless people in the
    Charlottesville area continues to grow, and there is a dire need for emergency housing
    and additional support services. He asked Council to appropriate $2 million to provide
    additional services to the homeless. Mr. Long said he is sad Ms. Edwards decided not to
    seek reelection and thanked her for her service.
    Mr. Kurt Burkhart, Executive Director of the CACVB, announced the launch of
    the “CW150 Legacy Project: Document Digitization and Access” and invited local
    residents to bring their historic documents for professional scanning on March 5, 2011, at
    City Space from 9:00 a.m. – 5:00 p.m.
    Mr. Bob Fenwick, 901 E. Jefferson St., said the water supply plan should be the
    best plan possible. Dam engineers do not consider dredging in their engineering designs
    or cost analyses. He pointed out locations around the area that have silted in. He said
    Council should not accept excuses for delay in publishing an RFP for dredging the South
    Fork Reservoir. Council should insist on a water demand study based on current
    standards. He said the Citizens for a Sustainable Water Supply group has already saved
    the city millions of dollars.
    Ms. Phyllis Koch-Sheras, 340 Cedar Bluff Rd., said she lives near the Rivanna
    Reservoir and is here to echo what Mr. Fenwick said. She asked Council to include
    dredging in the cost sharing agreement. We need to dredge, or the silt will suffocate the
    river.
    3
    Ms. Rebecca Quinn, 104 4th Street, said the RWSA issued an RFP for a water
    demand analysis. She said Rivanna has known about the new requirements for a year,
    and there should not be further delay. Council should organize a committee to oversee
    RWSA’s work. Rivanna should extend the scope to 50 years so that it can be compared
    to the Gannet Fleming analysis. Dredge first, repair the spillway, and do not burden
    today’s ratepayers for a dam that will not be needed in the future.
    Ms. Dede Smith, 2652 Jefferson Park Cir., said there are three reasons why
    Council should not make a decision tonight. Rivanna just put out an RFP for a new very
    comprehensive demand analysis, Rivanna is anticipating a 0% increase in water demand
    next year, and dredging the South Fork Reservoir is on their agenda for Thursday. The
    cost share agreement is happening now. She asked Council not to make a decision that is
    set in stone.
    Mr. Galen Staengl, 129 Goodman St., said the water demand analysis is about to
    be renewed, and Council should wait to make further decisions about new water
    infrastructure. He said Council should continue to pressure RWSA for the dredging RFP
    process to move forward.
    Mr. Stratton Salidis, 704 B Graves St., said he wished Ms. Edwards would run
    again because she is a warm and wise presence on Council. He thanked Ms. Szakos for
    her response to a request at the last meeting by the Dunlora Association to open the
    Meadow Creek Parkway. He said Council should approve opening the section to bikers
    and pedestrians to take pressure off the intersection. He said the water demand analysis
    is 26% wrong after six years, and this issue has been a politically-based decision, not a
    fact-based decision.
    Ms. Jennifer McKeever, 1140 Locust Ave., a member of the CDBG task force,
    said CHF monies need to be fully funded from the general fund. Keeping the monies
    separate is very important. The policies associated with CDBG Homes and CHF funds
    are different. Please completely fund CHF funding through the general fund and not
    comingle funds.
    Mr. Charlie Armstrong, HAC and past chair from 2007-2010, was chair when
    they worked on 2025 goals for staff. Staff backed into goal numbers by setting three
    optional goals to choose from. Amounts arrived at were done with a very scientific
    manner with dozens of experts. Please fully fund CHF with the goals recommended in
    the report. It is important to consider the leverage of $1.4 million of City money. He
    thanked Council for their support of affordable housing in prior years.
    Ms. Jennifer Jacobs, 1201 Harold Cir., asked Council to fully fund the
    Charlottesville Housing Fund at the $1.5 million level. This adds units and protects
    existing units and has helped out more than 80 families so far stay safe and in their
    homes. She thanked Council for their commitment to affordable housing.
    4
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Mr. Huja asked staff to follow up on a demand analysis, per Ms. Quinn’s remarks.
    He asked staff to explore if the parkway could be opened to pedestrians and bicyclists.
    Ms. Szakos agreed with both of Mr. Huja’s requests. She asked staff to post
    information about the Civil War Legacy Project on the City website.
    Dr. Brown agreed with all the nice comments about Ms. Edwards.
    Ms. Edwards thanked Mr. Salidis and Mr. Beyer for their kind words. She
    thanked Mr. Long for his consistency regarding homelessness and the issues it has
    presented.
    Mr. Norris said he agreed with Mr. Huja about the need to do a 50-year demand
    analysis. He endorsed Ms. Quinn’s suggestion about citizen participation in the water
    demand studies and asked staff to look into it. He said he endorsed Mr. Salidis’
    recommendation to open the Parkway to bikes and pedestrians. He said he agrees that
    dredging should be in the cost share agreement.
    CONSENT AGENDA
    On motion by Dr. Brown, seconded by Ms. Szakos, the following consent agenda
    items were approved: (Ayes: Ms. Edwards, Mr. Norris, Dr. Brown, Mr. Huja, Ms.
    Szakos. Noes: None.)
    a. Minutes of February 7
    b. APPROPRIATION: $7,500 – Family Finding Training (2nd
    reading)
    c. APPROPRIATION: $3,177 – 2010 State Homeland Security Program Grant
    (carried)
    d. APPROPRIATION: $18,362 – 2011 Juvenile Accountability Block Grant
    (JABG) (carried)
    e. APPROPRIATION: $2,500 – Charlottesville Newsplex Scholarship Program
    (carried)
    f. APPROPRIATION: $382,090 – Highway Safety Improvement Program
    (carried)
    g. APPROPRIATION: $102,576 – Aid & Localities Fire Disbursement Fund
    (carried)
    5
    h. APPROPRIATION: $122,398 – U.S. Department of Housing and Urban
    Development Sustainable Communities Grant Funds
    (carried)
    i. RESOLUTION: Belmont Bridge Revenue Sharing Application
    j. RESOLUTION: Allocation of Capital Improvements Program
    Contingency
    k. ORDINANCE: FiberLight Agreement (carried)
    REPORT/ORDINANCE: AMENDMENT OF WILLIAM TAYLOR PLAZA PUD
    As a point of clarification, Council will hear a staff report on this item but will not
    take action on the ordinance itself until after the public hearing on item three regarding
    the William Taylor Plaza Land Purchase and Sale Amendment for City property located
    at 521 and 529 Ridge Street.
    Mr. Haluska presented to Council. The Planning Commission recommends that
    the application be denied. There was opposition to the design of the changed plan in the
    belief that it was inferior to the originally approved plan.
    Mr. Norris said the applicant was not legally able to revise the plan for tonight’s
    discussion without going back to a public hearing. Council is not being asked to approve
    development of the site, and there were more changes to the plan that was previously
    approved. Mr. Huja asked how the current plan differed from the original plan. Mr.
    Haluska said in the original plan was for a maximum 100,000 square foot development
    on the site with 20% commercial. There were no affordable units proffered and 50
    maximum residential units. The modified project is max 110,000 square feet with 10%
    commercial, a maximum of 80 units, and a proffer for payment to the City or the option
    to provide affordable units.
    Mr. Norris asked how would be affected. Mr. Haluska said there would be an
    overall reduction in the number of trips generated on a daily basis with the new plan. A
    reduction in commercial space offsets the increase from residential traffic.
    Ms. Szakos asked if the developer could responds to the Planning Commission’s
    concerns about design and the allocation of affordable units versus nonsubsidized units in
    their revisions to the project. Mr. Haluska said they could not do so without modifying
    the proffers.
    PUBLIC HEARING/ORDINANCE/RESOLUTION: WILLIAM TAYLOR PLAZA
    LAND PURCHASE AND SALE AMENDMENT FOR CITY PROPERTY LOCATED
    AT 521 AND 529 RIDGE STREET
    6
    Mr. Chris Engle presented to Council. Parcels have been under City ownership
    for over 30 years and are currently vacant. They have requested the option to provide 30
    units on site in lieu of a contribution towards affordable housing. They have also added
    Earthcraft and LEED standards and extended the timeframe.
    Mr. Norris asked Mr. Engle to outline the major changes. Mr. Engle said the
    changes are to allow affordable housing units to take place on site, add Earthcraft as an
    acceptable standard, and extend the timeframe to allow the development to occur.
    Mr. Norris asked why the developers wanted to change to Earthcraft. Mr.
    Armstrong of Southern Development said Earthcraft is more suitable for residential
    construction and will provide flexibility. Dr. Brown said citizens have emailed saying
    Earthcraft is a lesser standard. Mr. Armstrong said they have different focuses.
    Ms. Szakos said she has received emails from citizens about what would happen
    if they got a raise that took them above 50% median income while living in affordable
    housing. Mr. Armstrong said residents will be permitted to remain in their apartment at
    the fixed rate.
    Mr. Engle said the entire property is under BAR review now, which is another
    change.
    The public hearing was opened.
    Ms. Antoinette Roades, 406 Oak St., said the two city parcels featured in this item
    are owned by all citizens of Charlottesville, and all should be involved and fully
    informed, which has not happened. This has gone through the system so quickly that no
    citizen could keep up. This constitutes a massive social experiment that could result in
    disaster. Lack of affordable housing cannot be an excuse to force this sale, as there are
    plenty of units available in the surrounding areas.
    Mr. Peter Loach, 1620 Rose Hill Dr., an advocate for Affordable Housing in
    Charlottesville and the Ridge/Cherry project, said there is a critical need for more
    affordable housing in Charlottesville. Mixed income/mixed use developments are crucial
    to economic efforts to reduce poverty. There is a lack of integration of land use and
    transportation. Concentrating hundreds of units in one place does not help lift people out
    of poverty; mixed use neighborhoods do.
    Mr. Pascal Bussiere, 414 7 ½ St., said he fully supports the William Taylor
    project. He said there are a lot of hard working families that deserve decent housing in
    the neighborhood. Too many owners are not responsible with low income families.
    There will be a manager in this housing development, and people will have the chance to
    live somewhere for a reasonable price. There is a return to the centers of the cities, and
    low income families deserve to live where they have jobs.
    7
    Mr. Scott Beyer, 2556 Summit Ridge Trail, said developing existing urban land
    densely shows better foresight than not developing it at all. Doing so renews blighted
    areas and places more people on the streets, which will make them feel more forceful and
    relevant. Density could improve Cherry Ave. The area has been stigmatized unfairly, but
    a lot of the stigma is justified by statistics and news reports. Something like William
    Taylor Plaza could renew the neighborhood and could be used for an example of how
    development should unfold along the entire corridor.
    Ms. Jennifer Jacobs, with the Albemarle Housing Improvement Program, 1201
    Harold Cir., said she supports the William Taylor Plaza project. It is in line with the
    affordable housing goals set out in the City’s 2025 goals. She urged Council to support
    this opportunity.
    Mr. Paul Beyer, former chair of the Albemarle Housing Committee and a
    participant in the HAC and CRHA redevelopment process, said he supports the project.
    Affordable housing stock comes down to the basics of supply and demand. A recent
    report listed a 4,000 unit deficit. There is a dire need for more housing in general and a
    lack of capital investment. The problem cannot be solved with government funding only;
    the private sector must lead the way. This is a unique public/private venture and should
    be encouraged in our City.
    Mr. Herb Porter, 509 7 ½ St., said he takes offense at his neighborhood being
    termed as “blighted”. There are a variety of professionals in the neighborhood. He asked
    Council not to allow exchange of the two parcels of land. The development has been
    noted as inferior, and Council should not want to support something that can cause
    irreparable damage to a pristine area. The Fifeville neighborhood has bent over
    backwards to allow affordable housing. The rest of the city should pick up their slack
    and do the same.
    Mr. Sam Towler, 1601 Green St., said Council should sell the lots for cash rather
    than proffers. The City could take the cash from the lots and do affordable housing at the
    Martha Jefferson Hospital site and the Walker School site.
    Mr. Stan Braverman, 226 Douglas Ave., said he has lived here for seven years
    and supports affordable housing. He does not appreciate losing residents from the
    neighborhood who are getting kicked out as the City develops and becomes more
    upscale.
    Ms. Pat Napolean, 700 Lyons Ave., said people choose to live in neighborhoods
    and communities for personal reasons. Charlottesville will not succeed at forcing
    diversity upon the populace. Mixed use gracefully evolves, particularly in places like the
    corridor along Ridge and Cherry.
    Having no further speakers, the public hearing was closed.
    8
    Mr. Norris said the question is not whether or not development should occur at
    the William Taylor Plaza site, but rather if the changes proposed are acceptable.
    Ms. Edwards said she did not approve of this project from the beginning. She
    said there is a need for affordable housing, but it is not appropriate in this setting. She
    said she has concerns about the process, and giving should come from the heart. We do
    not have blighted communities in Charlottesville. It is not an empty lot; it is a natural
    forested area. She said she cannot support this project.
    Dr. Brown said Council should have good reason for going against the
    recommendation of the Planning Commission, and he does not see good reason to do so.
    He said mixed schools are important to the success of our school system. Mr. Porter was
    correct that we need to find ways to have affordable housing in our entire city, not just
    concentrated in one area.
    Mr. Huja said in keeping with Dr. Brown, he is not opposed to development, but
    the quality of development has been reduced, and situating affordable housing in this
    location is too much of a burden.
    Ms. Szakos said she sees reasons to support it. Everyone wants affordable
    housing until it is about to be built. When we made a long-term plan for our city, we
    planned for more density near areas within walking distance of downtown and major
    employers, and this is what density looks like. It is bringing in both kinds of housing, so
    it keeps the ratio relatively similar. She said she is concerned that it would bring a lot of
    students to Clark Elementary. This is the very kind of project we should be looking for,
    and she said she is disappointed to see it getting less than full support.
    Mr. Norris said he agrees that we should step up our efforts to support affordable
    housing. He was outraged at some of the comments Council received by email and the
    characterizations about affordable housing. He said he supports this project based on the
    need for affordable housing and thinks the Planning Commission made a good point
    about the inferiority of the design. Council should hold off on final approval of the
    design in order to work with the neighborhood, but it sounds like this is a moot point at
    this time.
    Ms. Szakos asked Mr. Armstrong to comment. Mr. Armstrong said they would
    have to go to the BAR with any approval if they moved forward. There is a significant
    amount of design work left to do, and they are open to comments as they go through the
    BAR process.
    On motion by Dr. Brown, seconded by Ms. Edwards, Council voted to uphold the
    Planning Commission’s denial of the project. (Ayes: Dr. Brown, Ms. Edwards, Mr.
    Huja; Noes: Ms. Szakos, Mr. Norris.)
    Mr. Brown said changes to the land sales contract would now be inconsistent with
    the rezoning and should not be voted on tonight.
    9
    Ms. Szakos encouraged developers in the city to think creatively about other ways
    to do projects like this around the downtown area.
    PUBLIC HEARING/ORDINANCE: AMENDMENT TO CAFÉ ORDINANCE
    (carried)
    Mr. Tolbert presented to Council on the proposed changes to the code. Ms.
    Szakos thanked staff for working with the folks who are affected by this. Mr. Tolbert
    said receiving input from community members was very helpful.
    The public hearing was opened.
    Mr. Ludwig Kuttner, Central Place owner, thanked Mr. Tolbert for his work. He
    said he was here in 1984 when the issue of outdoor seating arose. It was very important
    for us to have outdoor seating at that time, and he is sad to see that it may now be getting
    restricted.
    Having no further speakers, the public hearing was closed.
    Mr. Tolbert said one Council cannot grant public property forever. Mr. Huja
    asked if Zocalo would have to go back to 800 square feet if it leased to another owner.
    Mr. Tolbert said yes. Mr. Norris said there is nothing that prohibits property owners from
    sitting down to negotiate with other property owners. Mr. Tolbert confirmed that and
    added that there is an option for negotiating shared space as well.
    On motion by Ms. Szakos, seconded by Dr. Brown, the motion was carried
    forward to the next meeting.
    REPORT: WATER SUPPLY
    Ms. Mueller reported to Council. Staff took questions to the City Manager and
    tried to form a matrix of responses. There were some discrepancies. For example, the
    “permanently disturbed areas” figure of eight and a half acres was for the dam only. That
    is why the number is now larger. It is difficult to reduce a situation this complex to a
    matrix of numbers.
    Mr. Norris said there were three acres in the footprint of the concrete dam. He
    asked if that included the existing footprint of the dam. Ms. Lauren Hildebrand said the
    figure represents the additional impact and does not include the existing dam. It does
    include the dam access road and the spillway. The staging area is accounted for in the
    second item.
    10
    Ms. Szakos asked if this was a permanently disturbed area. Staging seems
    temporary. She asked which one would be the most disruptive short term and long term.
    Ms Hildebrand said they could not answer that question at this time.
    Dr. Brown asked if there was a difference in storage capacity. There are 110
    million gallons more of storage in the earthen dam, but that is a fairly minor difference.
    Mr. Norris said an earthen dam will have a much bigger impact in terms of environmental
    damage and the length of stream impacted. The impact on the reservoir is equal, but the
    impact of the dams themselves is large. On a preliminary cost basis, the earthen dam will
    also be more expensive. Mr. Norris said he would approve a motion for a 30’ concrete
    dam tonight.
    Dr. Brown said a concrete dam could throw a wrench in healthy negotiations with
    the county. We should dovetail what we have already spent on a design with what the
    county has spent. He said in comparing the two options, they are essentially equal.
    Consultants have expressed some concern with building on the existing dam, and he
    supports Council moving forward with the earthen dam.
    Ms. Edwards said she has no interest in the earthen dam and hoped that we would
    build on what we have currently.
    Mr. Huja said he supports the earthen dam because rather than build on a 30 year
    old dam with questionable integrity, he would rather build a new one for the same
    amount of money.
    Ms. Szakos said she wants to support the concrete dam because it is a smaller
    project and is disturbing less land. There is information she was hoping to get this
    evening that Council does not have. She said she did not think safety was an issue, but
    she is concerned that the City would be expected to pay for engineering. She would
    support this if it were part of the cost sharing. This is an RWSA project, and they should
    pay for the engineering. She said she is very frustrated with this whole process, as
    slanted and incomplete data has been provided. The cost between the two are essentially
    equal.
    Mr. Huja said it is difficult to take a risk on the old dam, especially when three
    experts have voiced concerns. Mr. Norris said cost is not a wash. Mr. Zaminsky
    addressed the issues of safety and risk adequately. The county wants to lock in a dam
    height, and they are less interested in the type of dam. Costs incurred by all parties for
    designs should be lumped into one pot and shared.
    Dr. Brown asked how the cost of the dam itself would be share. Ms. Mueller said
    there will be a cost share allocation with either of the two dams, but we are not far
    enough in the agreement to provide exact figures.
    Ms. Szakos said she wants to make sure the idea of dredging is not forgotten in
    this mix. The reservoir is an asset that has been neglected by the Rivanna Authority and
    11
    has been allowed to silt in. If we draw a line at the concrete dam, then we may not get
    dredging.
    Ms. Mueller said staff can put anything in the cost allocation that Council directs
    us to. Ms. Edwards said she is not comfortable voting on a 30’ dam because she is not
    convinced we have good numbers on the demand analysis.
    On motion by Dr. Brown, seconded by Mr. Huja, Council voted to move forward
    with an earthen dam. (Ayes: Dr. Brown, Mr. Huja, Ms. Szakos; Noes: Ms. Edwards, Mr.
    Norris.
    REPORT/RESOLUTION: APPROVAL OF PERFORMANCE AGREEMENT FOR
    459 LOCUST AVE. (carried)
    Mr. Watts presented to Council on the item, which approves the agreement with
    CEDA. Staff believes this development has the least impact on the surrounding
    neighborhood.
    Mr. Huja asked how many jobs this would involve. Mr. Watts said there are
    about 400 jobs related to the lead tenant. There will be substantially more with other
    tenants there.
    On motion by Mr. Huja, seconded by Dr. Brown, the motion carried unanimously.
    (Ayes: Dr. Brown, Mr. Huja, Ms. Szakos, Ms. Edwards, Mr. Norris; Noes: None.)
    REPORT/RESOLUTION: HILLSDALE DESIGN APPROVAL (carried)
    Ms. Jeanette Janiczek presented to Council on the Hillsdale Design efforts to date.
    She described the process and citizen involvement. Concerns regarding Michie Dr. are
    currently being addressed by our traffic engineer, as well as interest in on-road bike lanes,
    which was submitted to the Bike/Pedestrian steering committee, who recommended
    adding “sharrows” to the lane and continuing bike lanes down to Greenbrier. They are
    seeking approval of the resolution regarding major design features.
    Mr. Huja asked if there are now bike lanes. Ms. Janiczek said staff has explored
    that, and while it is possible, the steering committee reviewed the matrix and saw the
    shared use path was more conducive to this location. Dr. Brown said the shared use path
    is the best choice for this space and the low speed of the roadway. Mr. Huja asked if there
    were street trees. Ms. Janiczek said yes, but not on both sides.
    Mr. Rich Butala of McCormick Taylor was also present to answer questions. Ms.
    Szakos asked about redirecting traffic from Michie Rd. Mr. Jones asked for a draft
    landscaping plan. Mr. Norris asked if there were other ideas for making this safer other
    than changing access at Michie Dr. Ms. Janiczek said studies show a signal would not be
    12
    warranted at this location, but closing it off to left hand turns could be a viable option.
    Mr. Norris said staff must do something about that intersection. Mr. Jones said our traffic
    engineer is trying to find options for us.
    On motion by Ms. Szakos, seconded by Ms. Edwards, the motion passed
    unanimously. (Ayes: Dr. Brown, Mr. Norris, Ms. Szakos, Ms. Edwards, Mr. Huja.
    Noes: None.)
    REPORT: BELMONT BRIDGE SIDEWALK REPAIR
    Mr. Tolbert reported to Council on the east side of the Belmont Bridge sidewalk.
    He detailed the steps staff has taken since the fall of 2010 and reviewed cost estimates for
    repair options. Staff recommended fencing the sidewalk off more permanently than it is
    now, improving the crosswalk on the south side of the bridge and more permanently
    mounting the signs.
    Mr. Huja said a chain link fence is not acceptable for a primary entrance to
    downtown Charlottesville. He asked staff to research a more attractive metal fence. He
    asked why the City’s Public Works crews could not fix the sidewalk. Mr. Tolbert said
    this sidewalk is more complex than normal and requires a contractor’s expertise.
    Dr. Brown recommended staff work with Mr. Huja and Ms. Szakos to see if there
    are more realistic solutions. Mr. Norris asked Council if they still support fencing over
    funding a repair. Council confirmed that they do. Mr. Tolbert will arrange for a
    discussion. Ms. Szakos agreed that neither a chain link fence nor bollards are acceptable
    solutions. Dr. Brown said a chain link fence seems like the only viable option.
    REPORT: CHARLOTTESVILLE HOUSING FUND
    Mr. Tolbert presented to Council. Mr. Norris said he is trying to get us out of the
    yearly debate about what the report means. He wants Council to determine what will
    become the guiding interpretation going forward.
    Ms. Szakos said the intent of the recommendation clearly does not include
    CDBG/HOME funds. Mr. Tolbert said that is their desire. Dr. Brown said council has a
    broader focus than the HAC. He said Council should not go with their recommendation,
    but support what we did before, leaving it at $1 million and using HOME funds with the
    idea that we may find ways to enhance the budget for it depending on the year. We
    should have as much flexibility as we can because of state and federal budgets.
    Ms. Edwards said the CDBG and HOME funds need to be separate because of
    federal reporting guidelines. The CDBG fund is special money. She asked Mr. Tolbert if
    we have a Section Three policy, and he said yes. Ms. Edwards said that is important to
    implement because federal funds come from HUD and should stay separate. Comingling
    that money sets us up for not using the funds as creatively as we could. She asked if we
    provide the CDBG task force with training on federal guidelines. Mr. Tolbert said we are
    following the law, and staff reviews guidelines with the task force every year. Ms.
    Edwards said if funds have to be allocated through a separate process, they should be
    kept in separate places. Ms. Edwards said Council should fund the $1.4 million, but it
    should not include CDBG and HOME funds.
    Mr. Huja said he wants us to use housing funds more effectively. Ms. Szakos said
    she would like to see us leverage what we have and mirror CDBG policy with local
    funds. Ms. Edwards said this is an opportunity to revisit housing and CDBG guidelines.
    We should be sure we are as creative as we can be with the funds we have available.
    Council agreed to take the required funding to implement the 2025 housing report from
    the general fund.
    MATTERS BY THE PUBLIC
    Ms. Rebecca Quinn, 104 4th St., said she is disappointed with the vote for an
    earthen dam. The concrete dam is safe to build on. Dredging is still important, and in
    combination with a new demand analysis, we will not need that much water.
    Ms. Betty Mooney, Sunset Ave., said she is disappointed because Council's
    decision ignores the facts. We need a new demand analysis and a public hearing on the
    cost share. It should be a transparent process. She asked Council to get a cost sharing
    agreement on dredging signed before signing any other agreements.
    Mr. Peter Kleeman, 407 Hedge St., said he was disappointed that the idea of
    abandoning the pedestrian walk on the bridge could go on for many years. He said
    Council should invest the money that would have been spent rehabilitating the sidewalk
    in other sidewalk activities in the community. He asked council to reconsider placing
    wayfinding signage in a manner that would better accommodate pedestrians. He said he
    is worried about people using baby strollers and walkers. The fence on Belmont Bridge
    could only block the ends; it does not have to run the entire length of the bridge.
    Mr. Richard Lloyd, 1825 Locust Shade Ct., said Council got nothing for their
    decision tonight. The City needs to spend money elsewhere.
    The meeting was adjourned.
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Monday, March 07, 2011, AT 6:00 p.m. IN THE Second Floor Conference
    Room.
    THE PROPOSED AGENDA IS AS FOLLOWS:
    Closed session as provided by Section 2.2-3712 of the Virginia Code
    BY ORDER OF THE MAYOR BY Paige Barfield
    SECOND FLOOR CONFERENCE ROOM – March 7, 2011
    Council met in special session on this date with the following members present:
    Dr. Brown, Ms. Edwards, Mr. Norris, Ms. Szakos.
    On motion by Ms. Szakos, seconded by Dr. Brown, Council voted (Ayes: Dr.
    Brown, Ms. Edwards, Ms. Szakos; Noes: None; Absent at time of vote: Mr. Norris;
    Absent: Mr. Huja) to meet in closed session pursuant to section 2.2-3712 of the Virginia
    Code for consultation with legal counsel (1) regarding probable condemnation litigation
    to acquire a private property interest near Hydraulic Road for the purpose of establishing
    a public street, where such consultation in an open meeting would adversely affect the
    City’s negotiating or litigating posture; and (2) for legal advice regarding the imposition
    of an erroneous consumer utility tax on residents of the City and Albemarle County, as
    authorized by Virginia Code sec. 2.2-3711 (A) (7).
    On motion by Dr. Brown, seconded by Ms. Edwards, Council certified by the
    following vote, (Ayes: Dr. Brown, Ms. Edwards, Mr. Norris; Noes: None; Absent at time
    of vote: Ms. Szakos; Absent: Mr. Huja), that to the best of each Council Member's
    knowledge, only public business matters lawfully exempted from the open meeting
    requirements of the Virginia Freedom of Information Act and identified in the motion
    convening the closed session were heard, discussed or considered in the closed session.
    COUNCIL CHAMBERS – March 7, 2011
    Council met in regular session on this date with the following members present:
    Ms. Edwards, Mr. Norris, Dr. Brown, Ms. Szakos.
    ANNOUNCEMENTS
    Mr. Norris said Mr. Huja is travelling in India with his family. He offered
    condolences for the loss of Greene County resident Zachary Cuddeback in a terrorist
    2
    attack at the Frankfurt, Germany airport. A public memorial will be held this Wednesday
    at the Main Street Arena. He asked for a moment of silence in Zachary’s memory.
    Mr. Norris presented the Distinguished Budget Appreciation Award to the City of
    Charlottesville for fiscal year July 1, 2010. Ms. Beauregard was there to accept the
    award on behalf of the budget office.
    Mr. Norris read a proclamation for MS Awareness. Mr. Ron Mittleman, Mr.
    Delta Hanson, and Mr. Ron Tweel were there to accept the proclamation on behalf of the
    MS Society.
    Mr. Norris read a proclamation for the Virginia Festival of the Book, which is
    March 16th -20th. Ms. Nancy Damon was there to accept the proclamation. They are
    celebrating their seventeenth year.
    Mr. Norris read a proclamation for THE BIG READ, which encouraged all
    residents of Central Virginia to participate by reading The Maltese Falcon.
    Mr. Norris read a proclamation for Story Fest. Ms. Anne Jolly from WVPT was
    there to accept the proclamation. The event will take place March 19th on the Downtown
    Mall.
    Mr. Norris announced the Charlottesville Winneba Sister City Committee’s trip to
    Winneba to help plan and build their first library. The trip is fully funded by the
    community. Proceeds from Wine for Winneba this Saturday, March 12th, at the Main
    Street Arena, will go towards the trip.
    Ms. Edwards said the CHS Theatre will present the musical Ragtime on March 17
    and March 18 at 7 p.m. at the Martin Luther King, Jr. Performing Arts Center.
    Ms. Szakos encouraged citizens to attend Voices of Adult Learners at BurnleyMoran
    Elementary School, 6:00 p.m., March 17th.
    Mr. Norris announced a blood drive on Tuesday, March 22nd from 12:00 p.m. –
    5:00 p.m. at the Herman Key Center. Go to www.vadonor.com to make an appointment;
    walk-ins are welcome.
    The 250th Anniversary Committee has launched a competition to help design the
    250th Anniversary of the City logo. Please call 970-3101 for more information.
    MATTERS BY THE PUBLIC
    Ms. Colette Hall, 101 Robertson Ln., asked Councilors to approve and allocate
    City money wisely during the upcoming budget sessions. She said she was upset to hear
    Ms. Edwards would not run for Council again.
    3
    Ms. Jeanne S. Chase, 223 Old Lynchburg Rd., complimented the design team lead
    by Mr. Tony Edwards on their work on the Old Lynchburg Road project. She
    complimented Council and Mr. Jones for focusing on this project and bringing it to the
    construction phase.
    Mr. Scott Beyer, 2556 Summit Ridge Trail, proposed revision of the critical
    slopes ordinance. He said his research shows successful cities build up their central core
    through dense mixed-use neighborhoods. There is a discrepancy in growth between the
    City and the County, and anti-growth sentiment in the City has widened this
    disadvantage. He said the City has not allowed important development along
    development corridors. A critical slopes program with broad language will perpetuate
    this pattern.
    Ms. Allison Ewing, 1900 Chesapeake St., asked anyone in the audience living in
    Woolen Mills and in opposition to Option A for the RWSA Pumping Station at the
    Riverview Park entrance to stand. She said something this large should not be
    contemplated in a historic neighborhood.
    Mr. Bill Emory, 1604 E. Market St., said he hopes Council received the report
    from RWSA and will consider the impact of the pumping station on the quality of life for
    residents to the City, both those who live nearby and the users at Rivanna Park.
    Ms. Jaclynn Dunkle, 200 W. Market St., owner of Fellini’s, said the City’s sign
    ordinance is difficult for businesses on side streets. The signage on the Second Street is
    directly behind the map and is blocked from view for people walking from the Omni.
    She said businesses on side streets deserve the same benefit as those on the mall because
    they must abide by the same rules and pay for the same services as businesses on the
    mall. She asked what she could do to figure out a way to include the side streets as part
    of the historic area so people can see the signs for her business and others and offered to
    participate in future planning.
    Ms. Kate Barton, 108 7th St. N.W., owner of Skylight Studio and Art Gallery on
    the downtown mall, said she appreciated the efforts of the City to make signs for
    businesses on side streets, but they are too small to be seen or explain what the side street
    businesses do.
    Ms. Robin Hanes, 1709 E. Market St., distributed handouts regarding a petition
    against the pumping station to Council and gave a record of signatures to the clerk. She
    said she opposes the expansion of the Rivanna Pumping Station and supports Option D.
    The total number of signatures gathered was 124. She said she has to call the hotline
    often about the odor, especially during the summer.
    Mr. L. Paul Koch, 101 Burnet St., said he is opposed to the sale of property at the
    corner of Elliot Ave. and Burnet St. to Southern Development. He said adjacent property
    owners were not properly notified of the public hearing. He thanked Mr. Tolbert for
    4
    coming to the Burnet Commons neighborhood meeting. He said sale of the property is
    imprudent at this time and asked Council to reject the sale.
    Ms. Joanna Salidis, 129 Goodman St., said dredging must be included in the cost
    share agreement and should be the first step in meeting our water needs. She said the
    county should help pay for it.
    Mr. Stratton Salidis, 704 B. Graves St., said the Meadowcreek Parkway and the
    water supply plan have both been made under false pretenses. He asked Council to
    protect our assets.
    Mr. Karl Ackerman, 1611 E. Market St., said the structure at the entrance of
    Riverview Park is called a pumping station, but the language of RWSA is a euphemism
    for an automated sewage treatment plant. He said Council should question why Option A
    is even on the table. The proposed facility needs real estate to accommodate it that is not
    available where the current pumping station exists.
    Mr. Peter Markush, 1207 Grove St., said he came to remind Council of the
    February 21st letter asking for clarification on the noise ordinance. He played his fiddle
    to demonstrate and asked if it is illegal to play on the downtown mall, and if so, what is
    the justification.
    Mr. Fran Lawrence, 1729 Chesapeake St., said he is a cheerleader for the Rivanna
    River and was part of the original founding group of the Rivanna Trails Foundation. The
    river is only accessible at two points: the end of Chesapeake St. and at E. Market St. and
    River Rd. He asked Council to save the river.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Dr. Brown asked for feedback from staff regarding signage on side streets.
    Ms. Edwards offered her condolence to Ms. Hall on her journey with her mother’s
    failing health and thanked her for consistently reminding Council of the importance of
    budget. She thanked staff for the labor put towards bringing the Old Lynchburg Road
    project to its current status. She thanked Ms. Ewing for her thoughtful and well put
    together presentation. She suggested pulling the sale of property to Southern
    Development from the consent agenda. She addressed the Salidis siblings and said she
    hopes there will be a chance to have a conversation about opportunistic dredging.
    Ms. Szakos offered her sympathy to Ms. Hall and thanked her for coming. She
    said all citizens can keep a close eye on the budget proceedings by attending the budget
    work sessions this Thursday and next Wednesday in the basement conference room.
    There will also be a Community Budget Forum on Wednesday, March 23rd at CitySpace.
    She was touched by Mr. Lawrence’s plea for the river and said staff is looking at ways to
    make the river an integral part of the community. In regards to the sale of property at
    5
    Burnet Commons, she said it was initially delayed in the past because of the lack of
    notice, and there has been adequate notice since then.
    Mr. Norris welcomed back Ms. Hall and echoed the comments other Councilors
    made. He said he appreciates Old Lynchburg Road and pumping station issues. He also
    asked staff to look into side street signage on the downtown mall. He said Ms. Salidis
    always very articulate and on-point and agreed dredging must be part of cost sharing. He
    thanked Mr. Markush for his performance and asked staff to revisit the 125 foot noise
    ordinance; the violin music should be allowed.
    CONSENT AGENDA
    Ms. Edwards said the CHRA/City Council MOU meeting was very positive and
    productive and included an apology for urban renewal. She asked for the John West
    renaming to be part of the redevelopment plan.
    She asked for a report from staff regarding outreach on the sale of land to
    Southern Development. Mr. Tolbert said he and Mr. Armstrong attended the Burnet
    Commons meeting and had a productive discussion with the neighborhood. Ms. Edwards
    asked if it is possible to have continued conversations with the neighborhood as the
    development unfolds. Mr. Tolbert said yes.
    Ms. Edwards said she remains opposed to item r.
    Ms. Szakos asked about item k, sidewalk prioritization. She asked if completed
    projects would also be posted to the web. Mr. Tolbert said staff is going to post the
    current status of every sidewalk and maintain with updates.
    On motion by Dr. Brown, seconded by Ms. Szakos, the following consent agenda
    items were approved: (Ayes: Ms. Edwards, Mr. Norris, Dr. Brown, Ms. Szakos; Noes:
    None; Absent: Mr. Huja.)
    a. Minutes of February 22
    b. APPROPRIATION: $3,177 – 2010 State Homeland Security Program Grant
    (2nd reading)
    c. APPROPRIATION: $18,362 – 2011 Juvenile Accountability Block Grant
    (2nd reading)
    d. APPROPRIATION: $2,500 – Charlottesville Newsplex Scholarship Program
    (2nd reading)
    e. APPROPRIATION: $382,090 – Highway Safety Improvement Program
    (2nd reading)
    f. APPROPRIATION: $102,576 – Aid & Localities Fire Disbursement Fund
    (2nd reading)
    g. APPROPRIATION: $122,398 – U.S. Department of Housing and Urban
    Development Sustainable Communities Grant Funds
    6
    (2nd
    reading)
    h. APPROPRIATION: $250,000 – Charlottesville City Schools - Appropriation
    of Capital Improvement Program Large Cap
    Supplemental Contribution (carried)
    i. APPROPRIATION: $980.45 – State Assistance for Spay and Neuter
    Program at SPCA
    j. APPROPRIATION: $44,336 – Domestic Violence Services Coordinator
    Grant (carried)
    k. RESOLUTION: New Sidewalk Prioritization Process
    l. RESOLUTION: Entrance Corridor Design Guidelines
    m. RESOLUTION: Amend SUP for 207 14th
    St NW
    n. RESOLUTION: License Agreement with Qwest Communications
    o. RESOLUTION: CRHA/City Council MOU
    p. ORDINANCE: Changes to Café Ordinances (2nd
    reading)
    q. ORDINANCE: FiberLight Agreement (2nd
    reading)
    r. ORDINANCE: Longwood Park PUD – Exchange of Land (2nd
    reading)
    s. ORDINANCE: Sale of Land to Southern Development (2nd
    reading)
    REPORT: SCHOOL BOARD’S PROPOSED FY 2012 BUDGET
    Dr. Rosa Atkins, Superintendent, and Mr. Ed Gillespie, Director of Finance,
    presented to Council. Several other members of staff were present. Dr. Atkins outlined
    the past year’s programs and initiatives, reviewed statistics and graduation rates and
    awards. She reviewed budget priorities and goals. Mr. Gillespie presented 2011-12
    budget summary highlights, reviewed revenues and expenditures, compared city funding
    with state funding, and reviewed short term items and general assembly amendments.
    Ms. Szakos said the quality of education the City schools provide is reflective of
    the City’s support. She said there has been consistent progress every year in the schools,
    and it is good to see what they have been able to accomplish in a short amount of time.
    Dr. Brown agreed. He asked about the 2.4% pay increase to staff and questioned how it
    compared to other school divisions’ proposals for their staff. Dr. Atkins said about 50%
    of the area schools will make recommendations for an increase ranging from 1-3%. We
    are closest to Albemarle, who is proposing a 2.3% increase. Overall, that equates to just
    over $1 million. Dr. Brown asked if the City is recommending a 2% increase this year.
    Mr. Jones said yes.
    Mr. Norris said the proposed budget for next year is actually less than this year
    and asked where the cuts were. Dr. Atkins said they are cutting one position from the
    central office, decreasing the number of instructional assistants at the second grade level
    and decreasing some instructional media positions. They are also decreasing some
    positions at the elementary level because of enrollment numbers. Mr. Norris asked where
    they are in the planning process for the reconfiguration of the middle school. Dr. Atkins
    said the School Board recently voted that Buford would be the location for the new
    middle school, and they are now getting cost estimations. They will have more
    7
    information to Council by September and will have involved input from the community
    at that time. Implementation is scheduled for 2014.
    REPORT: CITY MANAGER’S PROPOSED FY 2012 BUDGET
    Mr. Jones presented to Council. He reviewed goals for this year and said all
    information may be found on the City website at www.charlottesville.org/budget. The
    City has not had to make some of the cuts others around the country have had to make as
    a result of a downturned economy. He reviewed the citizen budget survey and the impact
    of budget on residents. The proposed budget is a 1.55% increase over last year. He
    reviewed FY 2012 general fund expenditures; schools are the largest portion of
    expenditures at 32%. He reviewed major capital needs for the future and reported that
    the City has maintained a AAA bond rating. The City is below the state-wide average for
    real estate tax rates. He reviewed the budget season calendar and reminded Council that
    April 12th is the anticipated date for adoption of the final budget. He encouraged citizen
    input between now and then.
    Mr. Norris thanked Mr. Jones and staff for a good start to the budget season.
    REPORT: RIVANNA PUMPING STATION
    Mr. Tom Frederick from RWSA presented to Council. There is a need for
    additional pumping capacity, although the method for this is flexible. There have been
    two meetings open to the public. Preliminary information has been gathered on four
    concepts, and they are getting more detailed information to make a decision. There is no
    leaning currently. He thanked members of the Woolen Mills neighborhood for their
    positive comments so far. He said RWSA is always working to solve any outstanding
    issues, and he does not believe promises have been broken. He reviewed the money
    RWSA has spent on improving services over the last few years. The Moore’s Creek
    pump station is also being upgraded.
    Mr. Frederick gave a power point presentation to Council. Inadequate capacity at
    current peak flows is driving this project. The station needs sufficient capacity for
    normal and wet weather flows. He reviewed project constraints and technical constraints,
    project concepts and cost comparisons, an overview of preliminary environmental
    findings, and suggested next steps for public discussion.
    Mr. Norris asked if they have a commitment to provide protection from odor
    control and noise reduction. Mr. Frederick said they are committed to it. A welldesigned
    odor control system is very reliable.
    Dr. Brown asked if there are strategies in a new station that are not currently
    being employed. Mr. Franklin said new technologies are similar to what is currently in
    place.
    8
    Mr. Norris said the neighborhood reports that there are continued odor challenges;
    however, RWSA says the odor situation has been addressed and resolved. Mr. Frederick
    said historically there have been problems at this site, but RWSA has spent money to
    address those problems, and within the last few months, especially since a scrubber has
    gone online, complaints have decreased dramatically.
    Mr. Norris asked about the rationale behind the “impact on park experience”
    rankings from the presentation. Mr. Frederick said the rankings were done by the City
    Parks Department.
    Ms. Szakos asked which plans required land acquisition. Mr. Frederick said they
    would all require land acquisition.
    Dr. Brown referenced Ms. Ewing’s drawings and asked Mr. Frederick what the
    facility would look like. He said we do not have architectural renderings at this time, but
    it could be about the size of two houses sitting side by side.
    Mr. Norris asked if it was considered best practice to avoid placing these in or
    adjacent to residential neighborhoods. Mr. Frederick said it is an important
    consideration, and these stations should be located out of residential neighborhoods when
    reasonable alternatives are available.
    Ms. Edwards said she was interested in reviewing examples of other localities that
    have done similar structures as option D.
    Mr. Jones said the request for Rivanna staff was to move forward with a design
    process. He asked Council for direction on how to pursue this at the next Rivanna
    meeting.
    Ms. Szakos said this is not where we would locate a pumping station if we were
    building a new one and does not support option A. She asked about creating a
    combination of options that included bi-location.
    Dr. Brown said he agrees with Ms. Szakos. He said he is also concerned about
    the view shed from the park. It is not right to locate it adjacent to Riverview Park.
    Ms. Edwards said she agrees with Ms. Szakos and Dr. Brown. We need a new
    facility, but we should be careful about where and how it is designed.
    Mr. Norris said he agrees with the other Councilors. We should examine
    alternatives to Option A. He said there is affirmation for Option D and no Council
    support for Option A, B or C. Mr. Jones thanked Council and said he will carry their
    decision to the next Rivanna meeting.
    9
    REPORT: SOCIAL SERVICES ADVISORY BOARD ANNUAL REPORT
    Ms. Stephanie Cangin, Chair of the Social Services Advisory Board, presented to
    Council. Ms. Diane Kuknyo was also present. Ms. Cangin reviewed expenditures within
    the City, which include tighter funding and increased caseloads, and decreased funding
    for Adult Protective Services and Adult Services Program. She reviewed family planning
    programs and systems of care, foster care services and Child Protective Services, and
    workforce development. She discussed continuing and emerging challenges including
    living wage, challenges for community newcomers, particularly those with language
    barriers, and family engagement. She reviewed the activities of the Advisory Board and
    new ways they are working to support the Social Services agency. She said the
    Department of Social Services (DSS) in the City of Charlottesville has a very good
    reputation state-wide.
    Mr. Norris thanked the board and staff for their leadership and for serving needs
    in our community. Ms. Szakos said she serves on the board, and the Social Services
    department and staff works very hard, which is heartening. Dr. Brown seconded Ms.
    Szakos’ comments and said the DSS is an example of why we cannot do budget cuts
    across the board. Ms. Edwards asked about working on common goals with counterparts
    in the county and suggested the advisory boards meet jointly and collaborate. The two
    entities should give local officials ideas for legislation to take back to Richmond in time
    to add them to the legislative packet. Mr. Norris asked Mr. Jones for staff to work to
    address concerns about maintenance.
    APPEAL: BOARD OF ARCHITECTURAL REVIEW DECISION RE: 1328
    RIVERDALE DRIVE – RENEWAL OF DEMOLITION REQUEST
    Ms. Scala reported to Council regarding possible demolition of an Individually
    Protected Property (IPP) called Riverdale, located off E. High St. The BAR denied the
    original request in 2009. City Council upheld the BAR’s decision and denied the appeal.
    Mr. Norris asked what the effect of delisting the property would be. Ms. Scala
    said it would provide for immediate demolition because it would remove constraints on
    the property. Mr. Norris asked whether the owners automatically get to demolish the
    property if Council determines they have met the appropriate conditions without Council
    having any discretion. Ms. Scala said that is correct.
    Ms. Scala said staff determined the condition of the owner offering the property at
    a reasonable market price has not been met. Council is not being asked to agree with the
    assessed value but is being asked to determine whether or not the owner has met the
    conditions.
    Ms. Carol Cronin, past board president for SHE, asked Council to grant the
    demolition request. The building no longer meets the needs of the Shelter’s operations.
    SHE has been actively working to sell this property for over six years. The property has
    10
    stood empty for nearly three years. SHE and their REALTORS have made every interest
    to engage prospective buyers. SHE has had to continue to pay to maintain the property,
    and it has been a cash drain on their non-profit agency.
    Ms. Cheri Lewis, an attorney for SHE, said they agree with the staff report that
    the applicant has satisfied all other criteria, but does not agree that they have not
    complied with listing it at fair market value. There is an ongoing debate that properties in
    the City are not assessed at fair market value.
    Mr. Cass Kawecki, VP with CB Richard Ellis, was engaged by SHE in March
    2009 along with colleague Carolyn Shears to contract a sale on the property. He
    described the process they used to Council in efforts to sell the property.
    Mr. Norris asked if anyone from the SHE asked him to set an artificially high
    price for the property. Mr. Kawecki said no. They were motivated to sell the property at
    the price it was listed.
    Dr. Brown said the key question is whether or not the price at which it was listed
    was reasonably connected to its value. He said it was clearly not connected to its
    assessment, but he understood Ms. Lewis’ argument that the assessment was unfairly
    low. Dr. Brown asked why the list of comparables pre-dated the real estate market crash
    or have not yet been sold. Mr. Kawecki said they are having trouble finding
    comparables. Dr. Brown asked if there was ever a discussion of lowering the price. Mr.
    Kawecki said they did not determine that a price reduction was necessary. Ms. Lewis
    said they were concerned if they lowered the price, the City would require them to
    maintain the property for sale for another year at the lowered price.
    Ms. Szakos said Council should not evaluate whether the best possible strategy
    was used, but rather whether it was offered at a reasonable cost. She said she wanted to
    save the building and is sad SHE had to put money into maintaining it all these years, but
    she is satisfied that it was a reasonable process.
    Ms. Edwards asked if it was too late to have a conversation about delisting the
    property, because it seems as though the historic designation is one of the things that has
    become a burden. Ms. Lewis said if delisting could be done, that would be preferable.
    Mr. Norris asked what the practical difference would be between delisting it and
    approving it for demolition. Ms. Lewis said there would be a finite period of time for
    SHE to use the demolition permit once approved. If it were delisted, they could advertise
    it with flexibility. Mr. Norris asked what the delisting process entailed. Mr. Brown said
    the property would have to be rezoned, because it is currently listed in the City’s zoning
    ordinance as an IPP.
    Ms. Szakos asked if the property would automatically be delisted if Council voted
    to pass this. Mr. Brown said yes, but if Council upholds the request, they would have the
    11
    right to demolish the house or sell it as a house that is not historically designated. It is
    still an IPP, and remodeling is subject to design control.
    Mr. Norris said he agrees with Ms. Szakos, and he is convinced that the work Mr.
    Kawecki and Ms. Shears did was based on a factual analysis of the market. Ms. Edwards
    said she supports the Board of SHE, but the house has meant so much for so long that it is
    a shame it has become an albatross, and she hopes someone will save it.
    On motion by Ms. Szakos, seconded by Ms. Edwards, Council concluded that the
    owner of the property has met statutory requirements to award a certificate of
    appropriateness for demolition of the structure at 1328 Riverdale Dr. (Ayes: Ms.
    Edwards, Mr. Norris, Ms. Szakos; Noes: Dr. Brown; Absent: Mr. Huja.)
    REPORT: OLD LYNCHBURG ROAD DESIGN UPDATE
    Mr. Tony Edwards updated Council on the Old Lynchburg Road project. He
    reviewed citizen participation in the process, project history and scope, and impact on the
    south city limits, Middleton Lane, Fry’s Spring Beach Club, and Jefferson Park areas. He
    reviewed proposed improvements to Azalea Park and planned next steps, particularly
    right of way acquisition.
    Ms. Szakos asked what the ultimate timeline of construction is. Mr. Edwards said
    it depends on when staff can start, but anticipated completion is about four months.
    Dr. Brown asked if right of way discussions have been finalized. Mr. Edwards
    said they have not. Dr. Brown asked about pedestrian implementations and whether or
    not Mr. Edwards has met with the Bike/Pedestrian committee. Mr. Edwards said they
    have met with the committee three times since the first of the year, and they are generally
    in favor of this change.
    Mr. Norris commended Mr. Edwards on engaging citizens and getting feedback
    during the course of this project. Mr. Jones confirmed that Council is comfortable with
    staff moving forward with the project.
    Ms. Jeanne Chase said she and her husband will grant right of way access to the
    City, and she appreciated Council giving this stretch of road a sense of security and
    safety.
    MATTERS BY THE PUBLIC
    Mr. Peter Kleeman, 407 Hedge St., said we have many historic properties in the
    City, and we are losing historic fabric. He does not disagree with tonight’s decision, but
    there are a number of historic properties that are under threat. He recommended that
    Council take their responsibility as stewards of historic properties seriously in reviewing
    the memorandum of agreement for the Meadowcreek Parkway.
    Mr. Stratton Salidis, 704 B. Graves St., said he agrees with Mr. Kleeman, and
    asked Council to revisit the MOA and un-sign it. He said Ms. Szakos' comments last
    meeting made him think she may believe a majority of citizens do support a big dam, but
    that is not true.
    Mr. Ridge Schuyler, 112 Robinson Woods, thanked Council for their vote to
    proceed with the water supply plan. He said it is good that resources can now go towards
    other more pressing issues.
    A citizen thanked Council for their vote on the fifty year water plan and said
    Council should hold a referendum on the water supply issue.
    The meeting was adjourned.
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Monday, March 21, 2011, AT 6:30 p.m. IN THE Second Floor Conference
    Room.
    THE PROPOSED AGENDA IS AS FOLLOWS:
    Closed session as provided by Section 2.2-3712 of the Virginia Code
    BY ORDER OF THE MAYOR BY Paige Barfield
    SECOND FLOOR CONFERENCE ROOM – March 21, 2011
    Council met in special session on this date with the following members present:
    Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos.
    On motion by Dr. Brown, seconded by Ms. Edwards, Council voted (Ayes: Dr.
    Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos. Noes: None) to meet in closed
    session pursuant to section 2.2-3712 of the Virginia Code, I hereby move that City
    Council close this open meeting and convene in closed session for: (1) Consultation with
    legal counsel for legal advice regarding a lawsuit seeking to enjoin federal approvals and
    funding for the City’s Route 250 / McIntire Road Interchange Project, as authorized by
    Virginia Code sec. 2.2-3711 (A) (7); and, (2) Discussion of the acquisition of real
    property on Davis Avenue for a public purpose, where discussion in an open meeting
    would adversely affect the City’s negotiating strategy, as authorized by Virginia Code
    sec. 2.2-3711 (A) (3); and, (3) Consideration of prospective candidates for appointment
    to City boards and commissions, as authorized by Virginia Code sec. 2.2-3711 (A) (1).
    On motion by Dr. Brown, seconded by Ms. Edwards, Council certified by the
    following vote, (Ayes: Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos.
    Noes: None), that to the best of each Council Member's knowledge, only public business
    matters lawfully exempted from the open meeting requirements of the Virginia Freedom
    of Information Act and identified in the motion convening the closed session were heard,
    discussed or considered in the closed session.
    COUNCIL CHAMBER – March 21, 2011
    Council met in regular session on this date with the following members present:
    Ms. Edwards, Mr. Norris, Dr. Brown, Ms. Szakos.
    2
    AWARDS AND RECOGNITIONS
    Mr. Norris read a proclamation for Poison Prevention Week. Ms. Kristin Winger,
    Blue Ridge Poison Center, was present to accept the proclamation. Ms. Winger said call
    1-800-222-1222 if you have a poison emergency.
    Mr. Norris read a proclamation for Preservation Week 2011. Ms. Mary Joy Scala
    was there to accept on behalf of the BAR. Ms. Scala thanked Council for the
    proclamation and encouraged citizens to attend preservation week events.
    Mr. Norris read a proclamation for Colorectal Cancer Awareness Month. Ms.
    Cynthia Thomas from the UVA Cancer Center and a staff member dressed as “Polyp
    Person” were present to accept the proclamation.
    Mr. Norris read a proclamation in honor of Ms. Eva Page, election officer retiree,
    for her years of service to the City. Ms. Page said becoming an election officer was a
    very rewarding experience.
    Mr. Norris read a proclamation in honor of Ms. Stephanie Commander, Electoral
    Board member, for her years of service to the City. Ms. Commander said she has
    enjoyed her years on the Electoral Board.
    ANNOUNCEMENTS
    Ms. Edwards said the Charlottesville/Albemarle Reentry Summit, co-sponsored
    by the Dialogue on Race, will take place on April 19th, 8:30 a.m. – 4:30 p.m. at Holiday
    Inn, 1901 Emmet St. Preregistration is required. Call 970-3353 for more information, or
    go to www.charlottesville.org/reentrysummit.
    Ms. Szakos announced openings on Boards and Commissions and encouraged
    interested parties to apply. Please call 970-3113 or go to www.charlottesville.org for an
    application.
    Mr. Norris announced the Blood Drive at the Herman Key Recreation Center.
    The City will provide a one-time collection of bagged leaves the week of April 4th. He
    said this Friday is the 50th anniversary of the first major Civil Rights march in
    Charlottesville, which took place on the Corner. There will be a ceremony at 10:00 a.m.
    near the CVS on The Corner commemorating the event. He announced a community
    forum about the achievement gap hosted by the Dialogue on Race.
    MATTERS BY THE PUBLIC
    Ms. Allegra Cooper, 111 Wood Duck Place, is a program director for The Female
    Perspective, a non-profit organization that provides coaching and mentoring to youth,
    3
    family and communities. She described the vision of The Female Perspective. She
    described four programs that provide a holistic approach to addressing community
    concerns.
    Ms. Megan Niziolek, 6524 Jarman’s Gap, said she has worked as a case manager
    and a cheerleading coach over the past year. She said many services provided to local
    residents originate outside of Charlottesville. She announced an event called
    “Community” at the Jefferson Theatre. There is an after school program on Wednesdays
    and Thursdays at 3:30 p.m. at Charlottesville High School.
    Ms. Rose Williams, 305 Meade Ave., said she wanted to publically thank the City
    for their grants and programs for the elderly and permanently disabled. She also thanked
    Mr. Shifflett for waste management and Mr. Herndon for working with her to make her
    home and her neighborhood a safe environment. She especially thanked Council for their
    support of the Creative Writing Program. She said Ms. Spicer from the Parks and
    Recreation Department is an asset to the City.
    Mr. Scott Beyer, 2556 Summit Ridge Trail, said he was in Philadelphia,
    Baltimore and Washington, D.C. where he toured neighborhoods that have taken paths to
    revitalization and have opened up to economic growth. When businesses and low income
    neighborhoods collaborate, economic enlightenment can occur. He said he would like to
    examine the area of Cherry Ave. between Ridge St. and 6th St. SW, the same block
    William Taylor Plaza was set to be built on. These types of projects enhance cities.
    Ms. Kimberly Williams, 906-C South 1st St., from The Female Perspective group,
    said the program has had a positive effect on her family. She described the mentoring
    and emotional support the program offered her and the impact Ms. Bates and Officer
    Brassfield made on her son. She asked Council to support the program.
    Mr. Markelle Williams, 906-C South 1st St., and Mr. Omar Winstead, 1117 Forest
    St., from The Female Perspective group, said they are involved in the Ladies and
    Gentleman Program and described what they do and how they have been operating. He
    announced a benefit on May 29th at the Jefferson Theatre at 7:00 p.m. and 10:00 p.m. He
    said youth can be productive members of the community. Mr. Williams said the “EMale”
    and “And What” production gave him a lot of support during a tough time in his
    life.
    Ms. Mary Micheal, 125 Blonywood Dr., from The Female Perspective, said the
    “And What” production has kept her out of trouble and has helped her a lot.
    Mr. Wilbert Brassfield, 1274 Fox Crest Way, from The Female Perspective, said
    the “E-Males” group started last year around this time because of issues at the Downtown
    Mall. They meet at Buford Middle School from 6:30 – 7:30 p.m. on Tuesday nights. He
    said the program supports education and helps males with the evolutionary process
    required to become citizens, fathers, and leaders.
    4
    Mr. Bob Fenwick, 901 E. Jefferson St., and Mr. Peter Kleeman, 407 Hedge St.,
    showed a tree trunk section and a sapling in its second year of growth. He said this is the
    difference 50 years makes in tree growth. The large trees are what we will lose at
    Ragged Mountain, and they are going to be replaced by saplings. We have abundant
    water now and will in the future, particularly if we dredge the Rivanna Reservoir. We do
    not have enough trees. The Virginia Department of Forestry has donated seven chestnut
    trees to the Rockhill Garden.
    Ms. Rebecca Quinn, 104 4th St., said at the last RWSA’s board meeting, citizen
    oversight of the new water demand study was discussed. She asked for a restatement of
    Council’s expectations to ensure this comes about. She said Rivanna’s staff refuted what
    she characterized as a year of delay tactics on a new demand analysis, but she gave
    examples of delays to support her view. She asked Council to tell their negotiators that
    the water supply cost share agreement must be contingent on dredging.
    Mr. Aerick Green, 542 Cleveland Ave., and Mr. Jabril Carter, said there is
    nothing to do in Charlottesville for young African Americans. He said a boxing club
    should be started to teach discipline and give them something constructive to do. He
    asked for Council’s support to get it up and running.
    Mr. Wes Bellamy, 4187 Cypress Pointe, said he is speaking behalf of residents of
    Cherry Avenue who he met with last week. They asked him to look at Tonsler Park,
    because they did not believe the park was a suitable place for their children to play. He
    said he agreed that the park is not suitable and asked that this area be afforded the same
    opportunities other patrons throughout Charlottesville are given.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Mr. Huja asked the Parks and Recreation Department to look into a boxing
    program.
    Ms. Szakos said the City is working to put an area in the Carver Recreation area
    at Jefferson School for boxing, and she said it was a great idea. She said she agrees with
    Ms. Williams that Ms. Spicer is an asset to the City. She thanked everyone who came
    from The Female Perspective. She said when her children were young, Tonsler Park was
    renovated, and it was an exciting event. She said the equipment is getting old now, and
    the City needs to reexamine the park.
    Dr. Brown said the number of supporters and young people who came tonight to
    speak on behalf of The Female Perspective was impressive.
    Ms. Edwards said she was proud The Female Perspective encouraged civic
    engagement. She said she hopes the presence of the youth will inspire adults to come
    forward. She thanked Ms. Williams for the effort she made to attend and recognize hard
    working City staff. She said she opposed the William Taylor Plaza because she was
    serving as the voice of citizens who opposed it, and she supports her decision. She said
    5
    more research should be done on the history and importance of Tonsler Park. Several
    parks in the City have meaning to people because of their history. She said a holistic
    approach should be maintained. She said there should be an environmental perspective
    as part of The Female Perspective as well.
    Mr. Norris thanked those who came to speak about The Female Perspective and
    encouraged them to keep up the good work. He said he also supports a boxing program.
    He said Tonsler Park is an asset, and we need to take better care of it. He asked for
    clarity on the point Ms. Quinn made about dredging being included in the cost share
    agreement. Mr. Jones said Council can give us an indication about whether or not a cost
    share should be in place before we move forward with the dam. Discussion among staff
    has been ongoing. He said their message has been clear that they want no delay on
    dredging. Mr. Norris requested that dredging be added to an upcoming agenda. Mr.
    Jones said staff recognizes that Tonsler Park needs to be addressed, and they are planning
    to do so.
    CONSENT AGENDA
    On motion by Ms. Edwards, seconded by Mr. Huja, the following consent agenda
    items were approved: (Ayes: Mr. Huja, Ms. Edwards, Mr. Norris, Dr. Brown, Ms.
    Szakos; Noes: None.)
    a. Minutes of March 7
    b. APPROPRIATION: $250,000 – Charlottesville City Schools - Appropriation
    of Capital Improvement Program Large Cap
    Supplemental Contribution (2nd reading)
    c. APPROPRIATION: $44,336 – Domestic Violence Services Coordinator
    Grant (2nd reading)
    d. APPROPRIATION: $95,000 – U.S. Department of Agriculture (USDA)
    Summer Food Service Program (carried)
    e. APPROPRIATION: $92,029 – Police Department Insurance Recovery, Misc.
    Revenue and Fees (carried)
    f. RESOLUTION: Application for FY 2012 Transit Grant Funds
    g. RESOLUTION: DEQ Consent Agreement
    h. ORDINANCE: Tax Exemption for Disabled Veterans (carried)
    PUBLIC HEARING: ANNUAL TAX RATE
    Mr. Jones presented to Council and said staff proposes to hold the tax rate for real
    estate and personal property tax at the same rate as last year.
    The public hearing was opened.
    6
    Mr. Peter Kleeman, 407 Hedge St., said he wanted to know what the expected
    changes in revenues are and whether there are additional revenues being generated that
    could be put forward to projects he would like to see done.
    Having no further speakers, the public hearing was closed.
    Mr. Jones said the real estate tax estimated for next year would be a 1.6% increase
    over this current year’s budget.
    Ms. Szakos said we had a comparison of how Charlottesville’s tax rate compares
    to other cities that provide similar services. She said it is important to understand that we
    provide a lot more services for our tax rate. Mr. Jones confirmed that this was so.
    Mr. Norris invited citizens to contact Council at council@charlottesville.org with
    concerns.
    PUBLIC HEARING: CITY MANAGER’S PROPOSED FY 2012 BUDGET
    Mr. Jones presented the City Manager’s budget for FY 2012 to Council. He
    reviewed the impact on residents, the proposed budget during what seems to be a slowly
    recovering economy, budget highlights, general revenues, and FY 2012 General Fund
    Expenditures. He reviewed the City’s financial support of education and explained the
    amendment based on additional funds schools received from the state this year. The
    extra money will be placed in a reserve account for school use during the FY 2013
    budget. He reviewed projects in the Capital Improvement Program (CIP), as well as
    amendments to the CIP. He gave dates for future budget meetings and said the budget
    will be approved on April 12.
    The public hearing was opened.
    Mr. Paul Long, 1410 Grady Ave., said the plight of the homeless continues to get
    worse for the City, and services are inadequate. He said the budget addresses middle and
    upper class needs and ignores the needs of the homeless. He asked Council to conduct a
    meeting at The Haven to hear about their problems and figure out how the City can help.
    Mr. Paul Vaughn, 1112 Meadow St., asked Council to support additional funding
    for PHAR and the Legal Aid Justice Center. He said PHAR depends on funding to run
    an important internship program.
    Mr. Overy Johnson, 500 South 1st St., said he is a PHAR graduate and the
    President of Crescent Hall. He used a leadership program to help build his skills and
    asked Council to support funding for PHAR.
    Ms. Janyce Lewis, 832 A. Hardy Dr., said she is a PHAR graduate, and it has
    opened many doors for her. She is honored to give back to her community and has
    7
    helped other residents in her neighborhood see the opportunities Charlottesville has to
    offer. She asked Council to support funding for PHAR.
    Ms. Whitney Banks, 1621 B Madison Ave., said she is a current PHAR intern,
    and the program has been beneficial to her.
    Ms. Shymora Cooper, 713 F 6th St., said she is a PHAR intern graduate and is
    currently the secretary of the board. PHAR has shaped her to become a leader and has
    also taught her how to follow. She said she has been able to help others understand their
    rights regarding public housing.
    Mr. Peter Kleeman, 407 Hedge St., said the sidewalk on Belmont Bridge needs to
    be addressed. He asked if there are funds in the budget for repairing old sidewalks, not
    just building new ones.
    Mr. John Conover, 104 W. High St., said he supports the request by PHAR. He is
    an employee of the Legal Aid Justice Center. He said as unemployment has increased,
    money has decreased. The Center needs money for internal reorganization, housing, and
    unemployment. He said they will submit official paperwork to Council.
    Having no further speakers, the public hearing was closed.
    Mr. Norris asked for clarity on the issue of funding for PHAR and Legal Aid.
    Ms. Szakos thanked PHAR participants and said their presence shows how
    important the program is.
    PUBLIC HEARING/ORDINANCE: VOTING PRECINCT RECONFIGURATION
    (carried)
    Ms. Sherri Iachetta presented to Council. She reviewed the reasons precinct
    reconfiguration is necessary. She said the number of voters is increasing daily. She
    reviewed staff directives from the January 3rd City council meeting. She reviewed
    committee activities since January and reviewed census numbers from February 2011.
    She reviewed factors the committee considered, options the committee studied, and the
    committee’s conclusions. The current eight precincts could not be retained and still
    adhere to code. Ms. Iachetta explained how the committee used the number of voters in
    2008 and calculations from 2010 census data to redraw precincts. She also reviewed
    polling places and transit routes. She said the committee has been very thoughtful and
    has worked to create the least possible disruption.
    Ms. Szakos said she supports the new configuration and is pleased the committee
    was unanimous. She said there is concern that any change is going to suppress the vote.
    An idea she heard is the option of having the entire transit system be free on voting day,
    or have vans and busses shuttle between polling places in case citizens accidentally go to
    the wrong polling place. New precincts should be publicized with parties, open houses
    and picnics.
    Ms. Iachetta said everyone will get a new voter card with their voting location.
    Mr. Huja said he agrees with the committee.
    Dr. Brown thanked the committee for making Council's job easy.
    Ms. Edwards asked what the journey was like getting there and some of the
    barriers were. Mr. Charles Kromkowski said the biggest obstacle was learning how to
    use the software. The committee said they believe the plan will last for at least the next
    decade.
    Mr. Norris said he fully endorses the proposal.
    On motion by Ms. Szakos, seconded by Mr. Huja, the motion carried.
    The meeting was adjourned.
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Monday, April 4, 2011, AT 6:00 p.m. IN THE Second Floor Conference
    Room.
    THE PROPOSED AGENDA IS AS FOLLOWS:
    Closed session as provided by Section 2.2-3712 of the Virginia Code
    BY ORDER OF THE MAYOR BY Paige Barfield
    SECOND FLOOR CONFERENCE ROOM – April 4, 2011
    Council met in special session on this date with the following members present:
    Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos.
    On motion by Ms. Szakos, seconded by Mr. Huja, Council voted (Ayes: Ms.
    Edwards, Mr. Huja, Mr. Norris, Ms. Szakos. Noes: None) to meet in closed session
    pursuant to section 2.2-3712 of the Virginia Code, for 1) Consultation with legal counsel
    for legal advice regarding the negotiation of the terms and conditions of a cost sharing
    agreement between the City of Charlottesville and the Albemarle County Service
    Authority for implementation of a community water supply plan, as authorized by
    Virginia Code sec. 2.2-3711 (A)(7); and 2) Consideration of prospective candidates for
    appointment to City boards and commissions, as authorized by Virginia Code sec. 2.2-
    3711 (A)(1).
    On motion by Ms. Szakos, seconded by Mr. Huja, Council certified by the
    following vote, (Ayes: Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos.
    Noes: None), that to the best of each Council Member's knowledge, only public business
    matters lawfully exempted from the open meeting requirements of the Virginia Freedom
    of Information Act and identified in the motion convening the closed session were heard,
    discussed or considered in the closed session.
    COUNCIL CHAMBER – April 4, 2011
    Council met in regular session on this date with the following members present:
    Ms. Edwards, Mr. Norris, Dr. Brown, Ms. Szakos, Mr. Huja.
    AWARDS AND RECOGNITIONS
    Mr. Norris recognized members of the community who were recently recognized
    by the Charlottesville Planning Commission were asked to step forward. On behalf of
    2
    City Council, Mr. Norris congratulated all individuals and organizations who were
    honored by the Planning Commission.
    Mr. Norris read a proclamation announcing the month of April as Child Abuse
    Prevention Month. Ms. Diane Kuknyo from the Department of Social Services was
    present to accept the proclamation.
    Mr. Norris read a proclamation announcing the month of April as Minority Health
    Month. Mr. Randy Jones was present to accept the proclamation.
    ANNOUNCEMENTS
    Ms. Szakos announced the next Our Town Charlottesville meeting Thursday,
    April 14 at Mt. Zion Baptist Church from 6:00 p.m. – 8:00 p.m. for the Ridge St./Burnett
    Commons neighborhoods.
    Mr. Norris said Charlottesville City Schools opening Kindergarten registration
    starts Thursday April 28th at 6pm. Bring a birth certificate, social security card, a current
    medical physical, and proof of city residency.
    CAT is offering a Youth Ride Free program for youth in Charlottesville and
    Albemarle offering access to transit during the summer. Call CAT at (434) 970-3349 for
    more information.
    MATTERS BY THE PUBLIC
    Mr. Randy Page, 1401 Wellford St., said he has been an advocate for the western
    side of McIntire Park for a long time, and replacing the current softball fields would incur
    more cost than benefit. Other serious projects in town deserve our attention over
    spending money to move softball fields.
    Ms. Vanthi Nguyen, 1116 Little High St., presented a petition posted by Joanna
    Salidis, a member of Citizens for a Sustainable Water Supply Plan, with 362 signatures as
    of 6pm tonight. The petition asked for the community’s water needs to be met through
    dredging South Fork Rivanna Reservoir. Namely: 1) prioritize dredging, 2) aggressively
    pursue accurate information on which to base decisions, 3) stop all progress towards an
    earthen dam, and 4) commit to a water plan that is environmentally conservative. Citizens
    can go to cvillewater.info to sign the petition.
    Mr. John Cruickshank, 324 Parkway St., with the Piedmont Group of the Sierra
    Club, said he believes water needs can best be met with water conservation, phased repair
    of the dam at Ragged Mountain, and dredging at South Fork Reservoir. Please secure the
    money for dredging the Rivanna Reservoir before making agreements to build a dam. He
    asked those who support dredging first to stand.
    3
    Mr. Bob Fenwick, 901 E. Jefferson St., said all talk on the budget is focused on
    spending, but we should focus on the saving side as well. He asked Council to revitalize
    the program wherein taxpayers who have money saving ideas can share in a percentage
    of the savings. He asked how assessments can go up when the value of commercial real
    estate is going down. He said he supports the boxing club idea from the last meeting.
    Ms. Rebecca Quinn, 104 4th St., said she wanted to thank Dr. Brown for pointedly
    ensuring that Council’s interests were heard and acted upon at the recent Rivanna Board
    meeting. She asked for follow-up on an RFP for dredging, research meetings on the
    Lower Ragged Mountain Dam, and ask when RWSA will estimate the impact the dam
    and pipeline will have on City and County rates.
    Mr. Scott Beyer, 2556 Summit Ridge Trail, said construction of the SRO will
    begin soon, and he wants to discuss the way we build around it to reduce potentially
    negative effects. Clustering of social services creates negative effects unless surrounded
    by other multi-use facilities. Future projects around it should be allowed equal density to
    allow for counter-balance. The City should encourage further development across the
    street. Surround our SRO with an intensity of uses that will maximize its positive while
    minimizing its negatives.
    Mr. James Richardson, 115 E. High St., said the new wayfinding signs that were
    recently installed downtown and sidewalks have been installed directly in the middle of
    the sidewalk in some places, leaving barely three feet on either side. Please fix existing
    installation problems, and look at how the planning and engineering processes work to
    make sure they are concurrent with the City’s goal of improving pedestrian mobility.
    Mr. Brian Carr, 100 Ridge St., said some people have objected to funding to the
    Haven, but it is important to have resources such as the Haven available to help anyone
    who may need it, especially when one in four children in the U.S. live in poverty.
    Ms. Elizabeth Breeden, 981 Old Lynchburg Rd., said after ten years of exploring
    the value of public art, she thinks art in a child’s life is valuable. As the manager of Art
    in Place, the craftsmanship is exquisite, and the piece “Azure Butterfly” adds value to the
    spirit of Charlottesville. Please support the purchase of this piece at one fifth of its actual
    value.
    Mr. Brandon Collins, 536 Meade Ave., encouraged Council to accept zoning
    changes for the music halls. It was an open process, and everyone who participated is
    comfortable with what the Planning Commission came up with. He said he is against
    renaming the Pavilion and things a progressive Council could stop this trend. He asked
    for it to be removed from the consent agenda. It is not too late to rethink the water supply
    plan. Dredge first, then consider the dam later. He agreed with Mr. Carr about the
    Haven and requested that Council give them the full $45,000 the originally requested.
    4
    Mr. Jacob Wolf, 614 Monticello Ave., thanked Mr. Tolbert for his work
    shepherding forward the music hall proposal. He said it was about 90% of what his
    group wanted to have happen. The Planning Commission decision was not actually
    unanimous. He expressed concerns about two of the zones; one in the downtown area,
    and one in Belmont.
    Ms. Bailee Elizabeth, 613 Blenheim Ave., has been working on the music zoning
    issue since January and said what the zoning board has presented to Council is exactly
    what the music community wants. Please do not allow the Pavilion to be called the
    nTelos Pavilion. Feed people over spending money on a clock.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Mr. Huja said he encouraged Mr. Fenwick’s ideas about savings. He asked Mr.
    Jones to look into wayfinding signs on the sidewalks; sidewalks should be treated the
    same as roadways.
    Ms. Szakos thanked Mr. Page for his well-researched comments about the softball
    fields. She said Mr. Fenwick’s ideas about tax payers helping to save money is a good
    idea. The City does not raise money by raising assessments. They theoretically reflect
    actual property value. She suggested Mr. Fenwick speak with Mr. Wes Bellamy about
    the boxing club. She told Mr. Carr that the Haven has withdrawn their request from
    funding because they understood this was a year there was a freeze to funding on nonprofits
    and did not want to disrespect that process. She asked citizens to consider
    donations.
    Ms. Edwards thanked Mr. Page for his information about the softball fields. She
    suggested Mr. Beyer meet with Mr. Collins and Mr. Carr at the Azure Butterfly to have a
    discussion about their diverse opinions about SROs and this community. She echoed Mr.
    Wolf and Mr. Collins’ thanks to Mr. Tolbert for his work on the music halls.
    Dr. Brown said Council has never made a decision on how to program the fields
    at McIntire Park. He said he wants to look at what the kids need more than what the
    adults need, so he is more interested in rectangular fields.
    Mr. Norris thanked Mr. Page for his comments. Mr. Bill Mueller, director of
    SOCA, said he does not support taking softball away from McIntire, but would like to see
    the City and County working together to find additional rectangular field space
    elsewhere. He thanked Ms. Ngyuen for bringing forward the petition and thanked Ms.
    Salidis for prompting the effort. He said Mr. Beyer’s use of the word SRO differs
    slightly from Virginia’s use of the term, and it is a different beast. SROs here have
    security and reduce crime in the neighborhood. He thanked Mr. Wolf and Ms. Elizabeth
    for their work on music halls.
    5
    On motion by Mr. Huja, seconded by Ms. Edwards, Council made the following
    appointments to the Tree Commission: Martha A. Derthick, Bill Emory, Robin Hanes, J.
    Mike Henrietta, Mo Nichols, Barry Owens, Dorothy Smith, Maynard Snipe and Elizabeth
    Waters. The motion carried unanimously.
    CONSENT AGENDA
    Ms. Szakos requested the renaming of the Pavilion be pulled for further
    discussion.
    On motion by Ms. Szakos, seconded by Mr. Huja, the following consent agenda
    items were approved: (Ayes: Mr. Huja, Ms. Edwards, Mr. Norris, Dr. Brown, Ms.
    Szakos; Noes: None.)
    a. Minutes of March 7
    b. APPROPRIATION: $95,000 – U.S. Department of Agriculture (USDA)
    Summer Food Service Program (2nd reading)
    c. APPROPRIATION: $92,029 – Police Department – Insurance Recovery and
    Misc. Revenue and Fees (2nd reading)
    d. RESOLUTION: $6,000 – Purchase of Azure Sculpture from 2009-2010
    Art in Place Show
    e. RESOLUTION: SUP for 1417 Emmet St.
    f. RESOLUTION: CDBG and HOME Funding
    g. RESOLUTION: Transfer of Funds to Wayfinding Account - $23,500
    h. ORDINANCE: Voting Precinct Reconfiguration (2nd
    reading)
    i. ORDINANCE: Tax Exemption for Disabled Veterans (2nd
    reading)
    j. ORDINANCE: Overlay Zoning Restriction for 233 4th
    St NW /
    Individually Protected Property Designation (Jefferson
    School) (carried)
    k. ORDINANCE: Telecommunications Franchise – Windstream (carried)
    l. RESOLUTION: Pavilion Naming Rights (1st
    of 1 reading)
    PUBLIC HEARING: CITY COUNCIL’S PROPOSED FY 2012 BUDGET
    Ms. Beauregard presented to Council. She reviewed budget amendments Council
    and staff made, which totaled $368,137.
    The public hearing was opened.
    Mr. Paul Long, 1410 Grady Ave., urged Council to take the plight of the homeless
    into consideration in the upcoming budget. The Salvation Army is the only establishment
    providing overnight housing. The homeless population is not monolithic and should not
    be a moral stigma. He asked Council to use $2 million from last year’s budget surplus to
    6
    support non-profits who are aiding the homeless and to appropriate money to the Haven
    regardless of the freeze on funding to non-profit organizations.
    Mr. Brandon Collins, 536 Meade Ave., agreed with Mr. Long and said if there is
    money available from a surplus from last year, please consider priorities here in
    Charlottesville. If you are serious about being a green city, expand public transportation
    to full service on Sundays and late night service.
    Ms. Colette Hall, 101 Robertson Ln., spoke on affordable housing.
    The public hearing was closed.
    Ms. Szakos thanked people for coming out to speak on the budget.
    ORDINANCE: ANNUAL TAX LEVY (carried)
    Mr. Jones said we are not proposing an increase in tax rates for this year.
    On motion by Mr. Huja, seconded by Ms. Szakos, the ordinance carried.
    ORDINANCE: ANNUAL BUDGET APPROPRIATION FOR FY 2012 (carried)
    Mr. Huja said the Haven has withdrawn its request and recommended removing it
    from this year’s budget. Ms. Szakos said they were sincere in withdrawing their request
    and did not want to be put in the position of accepting the money. Ms. Edwards read the
    email The Haven sent to Council. Dr. Brown said he was skeptical of funding the Haven
    and felt that Council came up with a good compromise. The Haven withdrew their
    request because they did not like the politics of it, and the politics of it were Council’s
    fault.
    Ms. Szakos said there are at least five non-profits dealing with human services
    projects who did not apply for funding this year. Council can work on their policy of
    how they support non-profits later in the year. Ms. Edwards said that the Haven clarified
    it will not have to close its doors if they do not receive this funding. The Haven is
    dedicated to following the same process as other non-profits to obtain funding, and
    Council should honor their request to withdraw. She said Ms. Hall is correct that
    balancing the budget is the most important and difficult thing Council will do.
    Mr. Norris said his concern over dropping the appropriation for the Haven is that
    Council asked the Haven to work with City staff and other key stakeholders on
    development of a downtown satellite employment center. He still believes this is critical,
    not just for helping the homeless, but for assisting anyone in our community who needs
    help finding work. Ms. Szakos volunteered to bring that to the Piedmont Workforce
    Council.
    7
    Council will remove the Haven from the budget but will continue to address
    poverty and homelessness in other ways.
    Mr. Jones thanked Ms. Beauregard and the rest of the budget team for putting
    together this year’s budget. Ms. Szakos said they were very responsive to Council’s
    requests and to members of the public.
    On motion by Ms. Szakos, seconded by Mr. Huja, the ordinance carried.
    REPORT/RESOLUTION: BELMONT BRIDGE SIDEWALK REPAIR
    Mr. Tolbert presented to Council. Estimates for repairing the sidewalk on the east
    side are in the neighborhood of $300,000. This is not a wise expenditure given we do not
    know how long it will be until the bridge is torn down. Staff proposed installing a
    permanent black aluminum fence along the sidewalk. Mr. Tolbert met with Ms. Szakos
    and Mr. Huja, and they approved this approach. The total cost is approximately $14,000.
    Mr. Tolbert explained why other options were not viable.
    Mr. Huja said this is a better solution than what we had last time. Dr. Brown
    thanked people who worked on the project. Mr. Norris said if this were a pathway for
    vehicles, we would not close it down. However, he agrees the proposal is better than it
    was. Ms. Edwards said if Council was appalled at the wayfinding signs being placed in
    the middle of the sidewalk, they should not be willing to let the sidewalk go unrepaired
    for up to six years, or perhaps longer. Mr. Tolbert said staff is installing an LED
    crosswalk on the south side of the bridge to make it safer to cross at that location. Ms.
    Edwards said she is concerned over safety because of how fast vehicles travel in that
    area. Mr. Jones said we can increase enforcement at that location.
    On motion by Mr. Huja, seconded by Dr. Brown, the resolution passed. (Ayes:
    Mr. Huja, Dr. Brown, Ms. Szakos; Nays: Ms. Edwards, Mr. Norris.)
    REPORT/ORDINANCE: ZONING TEXT CHANGES FOR MUSIC HALLS (carried)
    Mr. Tolbert presented to Council. He thanked the group of young folks who
    worked on this process. The change in code would change the provision that requires an
    SUP to establish a restaurant or music hall to a by-right use in almost all cases, with the
    exception of two or three current establishments.
    On motion by Mr. Huja, seconded by Ms. Edwards, the motion carried. Ms.
    Edwards said she seconded on behalf of Ms. Baylee Elizabeth.
    8
    REPORT: CITY/COUNTY SERVICE CONSOLIDATION REPORT
    Mr. Jones reported to Council. There are three areas: Annexation/Revenue
    Sharing/LCI, Fire and Rescue Services and Social Services. LCI met and decided focus
    of the group should be the schools. They concluded that consolidating services may not
    be the best route to take, but both groups identified other areas for collaboration in the
    future.
    Mr. Huja said he was part of the Social Service group and was in the minority
    because he thought money could be saved by simply halving the staff.
    Dr. Brown said John Conover argued forcefully for consolidation or join initiative
    to occur, and it will have to come from the County Board of Supervisors and Council
    because staff has too much invested in the status quo to push for change. He said Council
    had an opportunity to do something big and did not take advantage of the opportunity.
    Ms. Edwards said a lot of good things came out of the meeting. She said she
    hopes there will be opportunities in the future to collaborate because poverty knows no
    boundaries. She thanked Delegate Toscano for providing the ambience for the meeting to
    help facilitate conversation and set the tone for potential collaboration in different areas.
    Ms. Szakos said any ways we can become one community instead of two would
    be positive developments. The City and County do a lot of collaboration, even though we
    are separate.
    Mr. Norris said since both Charlottesville and Albemarle have new chief
    executives, there may well be opportunities in the future for Mr. Foley and Mr. Jones to
    put their heads together and pursue other collaboration and consolidation opportunities.
    He welcomed an effort from the county to stand down on threats such as taking money
    from the city schools.
    OTHER BUSINESS
    JPA BRIDGE
    Mr. Tolbert explained the JPA Bridge construction process and timing. The
    utility department thought they would be finished on Shamrock before VDOT got started
    on the JPA Bridge project, but weather and contracting issues caused delays. There will
    be one lane open at all times, and workers will ensure traffic flows as smoothly as
    possible. They estimate the project will be completed within two weeks.
    9
    MURAL ON WEST MAIN ST.
    Staff hopes the mural serves as an educational opportunity for those involved.
    This painting is by code required to be approved by the BAR. It was not done
    beforehand, but the operator of Random Row filed an application on the artists’ behalf.
    Ms. Scala has it scheduled for the next BAR meeting, which will be April 19th in
    Chambers. The headmaster of the school will attend, along with several of the students
    involved. The BAR will also speak on the importance of process.
    Mr. Norris said we need a better process for encouraging murals and public art in
    parts of the City where it really does liven up the streetscape. Mr. Tolbert said staff has
    communicated with public and private schools.
    PAVILION NAMING RIGHTS
    Ms. Szakos explained what some of the issues are and explained the terms of the
    lease. She said she does not feel comfortable denying it because it is within the letter of
    the law. The City does not get profit from the naming rights, but the Pavilion should use
    their influx of funds to increase diversity of programming, give access to non-profits, and
    work to give back to the community.
    Mr. Huja asked about signage. Mr. Tolbert said this will all be done in
    compliance with code. Dr. Brown asked if it will go to BAR. Mr. Tolbert said if it is
    appropriate, it will go to the BAR.
    Ms. Edwards thanked Ms. Szakos for having it pulled; she does not support the
    resolution because of the lack of time for public input. People have not had the time to
    understand the process and the history.
    Mr. Hutto said they have worked in the past to bring in a diverse group of artists
    and are committed to continuing. Non-profits often are able to use the facility during the
    day. We will continue to have the venue available for non-profit work and work on
    diversity of performers.
    Mr. Norris said this was something Pavilion management was given the right to
    do eight years ago, and to deny them that right now would be a breach of contract.
    On motion by Dr. Brown, seconded by Ms. Szakos, the resolution passed. (Ayes:
    Mr. Norris, Dr. Brown, Ms. Szakos, Mr. Huja; Noes: Ms. Edwards.)
    MATTERS BY THE PUBLIC
    Mr. Scott Bandy, 1639 Cherry Ave., distributed a handout to the Council.
    The meeting was adjourned.
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Monday, April 18, 2011, AT 6:00 p.m. IN THE Second Floor Conference
    Room.
    THE PROPOSED AGENDA IS AS FOLLOWS:
    Closed session as provided by Section 2.2-3712 of the Virginia Code
    BY ORDER OF THE MAYOR BY Paige Barfield
    SECOND FLOOR CONFERENCE ROOM – April 18, 2011
    Council met in special session on this date with the following members present:
    Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos.
    On motion by Ms. Szakos, seconded by Dr. Brown, Council voted (Ayes: Dr.
    Brown, Mr. Huja, Mr. Norris, Ms. Szakos. Noes: None; Absent: Ms. Edwards) to meet in
    closed session pursuant to section 2.2-3712 of the Virginia Code, I hereby move that City
    Council close this open meeting and convene in closed session for: (1) Consultation with
    legal counsel regarding probable litigation involving the acquisition by condemnation of
    right-of-way for Hillsdale Drive Extended, where such consultation in an open meeting
    would adversely affect the City’s negotiating or litigating posture, as authorized by
    Virginia Code sec. 2.2-3711 (A) (7); and, (2) Consideration of prospective candidates for
    appointment to City boards and commissions, as authorized by Virginia Code sec. 2.2-
    3711 (A) (1); and, (3) Discussion of the acquisition of real property on Davis Avenue for
    a public purpose, where discussion in an open meeting would adversely affect the
    bargaining position of the City, as authorized by Virginia Code sec. 2.2-3711 (A) (3).
    On motion by Ms. Szakos, seconded by Dr. Brown, Council certified by the
    following vote, (Ayes: Dr. Brown, Mr. Huja, Mr. Norris, Ms. Szakos. Noes: None;
    Absent: Ms. Edwards), that to the best of each Council Member's knowledge, only public
    business matters lawfully exempted from the open meeting requirements of the Virginia
    Freedom of Information Act and identified in the motion convening the closed session
    were heard, discussed or considered in the closed session.
    COUNCIL CHAMBERS – April 18, 2011
    Council met in regular session on this date with the following members present:
    Ms. Edwards, Mr. Norris, Dr. Brown, Ms. Szakos, Mr. Huja.
    2
    AWARDS AND RECOGNITIONS
    Mr. Norris read a proclamation regarding Fair Housing. Ms. Karen Reifenberger
    of the Piedmont Housing Alliance was present to receive the proclamation.
    Mr. Norris read a proclamation in honor of Women and Girls’ Wellness Month.
    Vice-Chair Amy Eastlack and volunteer Keiana Mayfield of Women’s Health Virginia
    were present to accept the proclamation.
    Mr. Norris read a proclamation declaring the Charlottesville Derby Dames the
    official roller team of the City. Maize Osteen spoke on behalf of the Derby Dames and
    presented a personalized t-shirt to Mayor Norris. Mr. Norris also recognized Mr. J.R.
    Gentle for his work with the team.
    ANNOUNCEMENTS
    Ms. Szakos announced the next Town Hall Council meeting in the Fry
    Spring/Johnson Village neighborhood on Thursday, May 12th at Johnson Elementary
    School.
    Mr. Huja said this Saturday, April 23rd there will be an Easter egg hunt at
    Charlottesville High School. The hunt will begin at 11:00 a.m. Also, the Spring Job Fair
    is taking place at John Paul Jones on Wednesday, April 27th from 10:00 a.m. – 3:00 p.m.
    Mr. Norris announced May 2-6 as Building Safety Week in Charlottesville, and
    the City is offering free deck and pool inspections to City residents. Contact NDS at 970-
    3182 to schedule an inspection.
    MATTERS BY THE PUBLIC
    Mr. Rich Collins, 108 Wilson Ct., said progress has been made to make a better
    deal to protect historic properties, but Council took a wise position years ago when they
    said the road through the park does not make sense if it ends with an intersection at the
    250 Bypass. Please continue to hold the position that no road should go through the park
    unless there is an interchange.
    Mr. Bob Fenwick, 901 E. Jefferson St., asked the City Manager what the status of
    the RFP for dredging the Rivanna Reservoir is, and what the total preliminary cost of the
    new dam, the new reservoir, and the new pipeline is. Changes in the design and cost are
    not unusual. Dredge first, and then consider whether or not a dam needs to be built.
    This is the overwhelming sentiment in both the City and the County, and without strong
    action on the part of Council, dredging will not happen.
    3
    Mr. John Morrison, 707 Altavista Ave., has lived in Charlottesville since 2001
    and said he disagrees with Council’s decision to build a 30 foot earthen dam. We do not
    need the water. Abandoning the reservoir and building the dam are extraordinary
    measures and are unwarranted. He said 412 people have signed the online petition to
    dredge first.
    Ms. Rebecca Quinn, 104 4th Street, said the RWSA submitted permit modification
    requests on March 22nd, which was not announced publically until April 6. Council
    should carefully read the Request for Modification. Citizens for a Sustainable Water Plan
    submitted letters to the U.S. Army Corps of Engineers and the DEQ; the public can view
    the letters at www.cvillewater.info. Dredging should be back on the table.
    Mr. James Halfaday, 2423 Sunset Rd., spoke to Council about childhood obesity.
    He said www.letsmove.org is a site started by Michelle Obama, and he encouraged
    parents to take part in www.presidentschallenge.org during the summer when school is
    out to promote an active lifestyle. Also, check out summer camps available through the
    Parks and Recreation department on the City website. He said he was able to lose weight
    and so can others.
    Mr. Stratton Salidis, 704-B Graves St., encouraged Council to take a holistic view
    regarding decisions facing them in the upcoming months. Major global events such as
    the recent oil spill shows that we need to take a different path. We should consider
    whether we want to create a good environment for people or automobiles. Promote a
    more pedestrian-oriented infrastructure. This Council should put an end to Meadowcreek
    Parkway and save McIntire Park.
    Mr. Brandon Collins, 536 Meade Ave., thanked Council for the Derby Dame
    proclamation and for their hard work on the music hall zoning changes. He also thanked
    Council for revisiting the noise ordinance. He thanked Mayor Norris for signing the
    Mayors for Peace pledge and encouraged the rest of Council to support the pledge to end
    war. Please pass a resolution against the government waging war on a massive scale.
    Money used for war can be put to better use. Schools should present alternatives to
    military service. He asked council to stop the Meadowcreek Parkway.
    Mr. Jacob Wolf, 614 Monticello Ave., said he was pleased with the music hall
    zoning amendment and the noise ordinance amendments and hopes Council will pass
    both of them. Music should be by-right or provisional use in a wider variety of areas.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Ms. Szakos said Mr. Salidis’ talk of sprawl is part of the reason she supported the
    30 foot dam, because an adequate supply of water, especially in the county, will help
    avoid sprawl. She said the “Let’s Move” program is great and hopes the City can sign
    on. She supports peace activism, although many local contractors are involved in
    military intelligence, which helps figure out how to avoid war.
    4
    Mr. Huja said he agreed with Mr. Salidis’ initial remarks but does not see the
    logic in his conclusions.
    Dr. Brown said Mr. Salidis made several good points, and the City has guided
    their zoning ordinances to encourage density and the thriving of a public transportation
    system. He said abandoning the Meadowcreek Parkway will not cause people to stop
    driving.
    Ms. Edwards thanked everyone for coming out to speak. She said she agreed with
    Mr. Collins’ words against our culture of consumption and agreed that we should strive
    to strike a balance.
    Mr. Norris said he agreed with Mr. Salidis’ remarks and conclusions. He thanked
    Mr. Morrison for his remarks. Water supply alternatives were not about restraining
    growth in the County. All water options provided plenty of water. He asked Mr. Jones to
    follow up on the RFP for dredging. Mr. Jones said the Rivanna Board has discussed
    dredging at the last few meetings. An RFP is scheduled to go out soon, at which point
    the RFP will be posted and responses will be presented to Council.
    Dr. Brown announced openings on Boards and Commissions.
    On motion by Dr. Brown, seconded by Mr. Huja, the following people were
    appointed to Boards: to the CDBG Fifeville taskforce, Josephine Conover and Catarina
    Krezenick; to CEDA, Carolyn Sheers and Gregory Young; to JABA, Bettie Amiss; to
    MACAA, Fred Greer; to the Social Services Advisory Board, Cindy Weinstock; to the
    CACVB, Kirby Hutto. The motion passed unanimously. (Ayes: Mr. Norris, Dr. Brown,
    Ms. Edwards, Ms. Szakos, Mr. Huja; Noes: None.)
    CONSENT AGENDA
    On motion by Ms. Szakos, seconded by Dr. Brown, the following consent agenda
    items were approved: (Ayes: Mr. Huja, Ms. Edwards, Mr. Norris, Dr. Brown, Ms.
    Szakos; Noes: None.)
    a. Minutes of March 7
    b. APPROPRIATION: $595,584.45 – Funds for 2011-2012 CDBG (2nd reading)
    c. APPROPRIATION: $215,419.83 – 2011-2012 HOME Funds (2nd reading)
    d. APPROPRIATION: $41,884.67 – Aquatic Facility Rental Revenue – Crow
    Indoor Pool (carried)
    e. APPROPRIATION: Appropriation of FY 2011 Additional Transit Revenues
    (carried)
    f. APPROPRIATION: $1,500 – Donation Toward Purchase of “Azure”
    Sculpture (carried)
    5
    g. ORDINANCE: Overlay Zoning Restriction for 233 4th
    St NW /
    Individually Protected Property
    Designation (Jefferson School) (2nd of 2 readings)
    h. ORDINANCE: Telecommunications Franchise – Windstream (2nd
    reading)
    i. ORDINANCE: Zoning text changes for Music Halls (2nd reading)
    j. ORDINANCE: Amendment of Noise Ordinance (carried)
    PUBLIC HEARING/RESOLUTION: SILVERCREST LEASE (carried)
    Mr. Lance Stewart with the Charlottesville Public Works Department presented to
    Council. He gave a history of the property to Council.
    The public hearing was opened.
    Having no speakers, the public hearing was closed.
    On motion by Mr. Huja, seconded by Dr. Brown, the motion carried unanimously.
    (Ayes: Dr. Brown, Ms. Edwards, Mr. Norris, Ms. Szakos, Mr. Huja; Noes: None.)
    PUBLIC HEARING/RESOLUTION: VIRGINIA DISCOVERY MUSEUM LEASE
    (carried)
    Mr. Lance Stewart presented to Council on the lease and rental rate.
    The public hearing was opened.
    Having no speakers, the public hearing was closed.
    Mr. Huja said this is a major asset in our community and he supports.
    On motion by Mr. Huja, seconded by Ms. Szakos, the motion carried
    unanimously. (Ayes: Dr. Brown, Ms. Edwards, Mr. Norris, Ms. Szakos, Mr. Huja; Noes:
    None.)
    REPORT: SUSTAINABILITY GRANT AND CHARLOTTESVILLE
    COMPREHENSIVE PLAN UPDATE
    Ms. Creasy presented to Council. The grant has been used to get additional
    technical resources, including staff. A working group has been meeting since fall of
    2010. Their first kick-off event occurs on April 27th from 3:00 – 7:00 p.m. A short term
    planner has been hired to assist staff through the process.
    6
    Mr. Norris asked for an example of what kind of ordinance changes could come
    out of the process. Ms. Creasy said they will likely have to do with environmental and
    livability principles, such as visibility and development codes. We may need some
    assistance from Richmond.
    The City Planning Commission has held two work sessions on the process.
    Efforts will be focused on land use and a shorter, user-friendly comprehensive plan.
    Their first joint work session with the County Planning Commission was in March.
    The theme for the grant is “Many Plans, One Community”. The website is
    www.1-community.org. Ms. Creasy updated Council on the comprehensive plan time
    line.
    Mr. Huja said County/City cooperation is a good step. Ms. Szakos asked for the
    website to be linked with the City site. She said she is pleased with the emphasis on
    public participation. Dr. Brown said he liked the idea of a less text-driven, accessible
    format and appreciated that environmental issues will be a focus.
    Mr. Norris said the process sounds good but is not clear why this costs upwards of
    $1 million. He asked for a breakdown of where the money is going. Ms. Creasy said a
    breakdown is available, and a majority of the money is going towards staffing. It is a
    planning grant, and through the planning process, the City will have a good opportunity
    to get further money to implement plans. At the request of Council, Ms. Creasy said she
    will post the budget online.
    REPORT: 250TH ANNIVERSARY COMMITTEE REPORT
    Mr. Beliles, Ms. Damon, and Mr. Meeks, the committee chairs, presented to
    Council. Mr. Beliles said the celebration is a year-long event and is called “Celebrate
    250”. He described the seven work groups of the steering committee. Ms. Damon
    described planning for the series of events, which will kick off in January 2012. The
    committee will meet with existing festival heads next week to work with them on
    collaborating for 2012 events. Mr. Meeks described committee goals, which include
    finalizing workgroup goals and developing budgetary needs in order to build a
    comprehensive income and revenue picture for 2012. Launch of the official logo and
    website, www.celebrate250.com, are planned for mid-year. He thanked Mr. Huja for his
    efforts as a committee member.
    Ms. Edwards said Ms. Kay Slaughter wanted Bridge Builders to be recognized
    and asked if this could be incorporated into the celebration. She said there is a
    connection between Charlottesville and Liberia, and this could be explored. Dr. Scott
    French has information on this.
    Mr. Norris thanked committee chairs and Mr. Barrick for their work on this
    project.
    MATTERS BY THE PUBLIC
    Mr. Peter Kleeman, 407 Hedge St., said City council elections were recently
    moved from May to November. He said this is a liability because we do not have any
    districts designated for our delegates. City elections are key, and he recommended
    Council consider whether the move to November has been successful or was an error in
    terms of getting people involved with issues of the City. There is more to be considered
    than turnout rates.
    Ms. DeDe Smith, 2652 Jefferson Park Cir., said interesting documents have come
    to light regarding the water supply plan. She distributed tables to Council with
    information from permit modification reports. Dredging alone provides more safe yield
    than any other option.
    Ms. Ivy McCall, City of Charlottesville, said the allocation of funds for the
    sustainability grant and the celebration committee are great ideas, but Council should
    prioritize where money is going, especially when schools are in need.
    COUNCIL RESPONSE
    Dr. Brown said Council changed the timing of the election because of voter
    turnout and the cost of running two separate elections. An unanticipated benefit was the
    healthy discussion of both City issues and County issues running concurrently in the
    news.
    Ms. Szakos thanked Ms. McCall for speaking. She clarified that the sustainability
    grant is funded on a federal level.
    Mr. Norris also thanked Ms. McCall for speaking and asked her to come back
    often.
    The meeting was adjourned.
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Monday, May 2, 2011, AT 6:30 p.m. IN THE Second Floor Conference
    Room.
    THE PROPOSED AGENDA IS AS FOLLOWS:
    Closed session as provided by Section 2.2-3712 of the Virginia Code
    BY ORDER OF THE MAYOR BY Paige Barfield
    SECOND FLOOR CONFERENCE ROOM – May 2, 2011
    Council met in special session on this date with the following members present:
    Dr. Brown, Ms. Edwards, Mr. Huja, Ms. Szakos. On motion by Dr. Brown, seconded by
    Ms. Szakos, Council voted (Ayes: Dr. Brown, Ms. Edwards, Mr. Huja, Ms. Szakos.
    Noes: None; Absent: Mr. Norris) to meet in closed session Pursuant to section 2.2-3712
    of the Virginia Code, for the annual performance evaluation of the Clerk of Council, as
    authorized by Virginia Code sec. 2.2-3711 (A) (1).
    On motion by Dr. Brown, seconded by Mr. Huja, Council certified by the
    following vote, (Ayes: Dr. Brown, Ms. Edwards, Mr. Huja, Ms. Szakos. Noes: None;
    Absent: Mr. Norris), that to the best of each Council Member's knowledge, only public
    business matters lawfully exempted from the open meeting requirements of the Virginia
    Freedom of Information Act and identified in the motion convening the closed session
    were heard, discussed or considered in the closed session.
    COUNCIL CHAMBERS – May 2, 2011
    Council met in regular session on this date with the following members present:
    Ms. Edwards, Dr. Brown, Ms. Szakos, Mr. Huja. Ms. Edwards announced Mr. Norris
    was visiting Charlottesville’s Sister City of Winneba, Ghana.
    AWARDS AND RECOGNITIONS
    Ms. Edwards recognized Charlottesville Police Officer Tyler Thornton for his
    emergency delivery of “Baby Courtney” while on duty.
    Ms. Szakos read a proclamation for National Tourism Week. Mr. Kurt Burkhart
    was present to accept the proclamation and thanked Council for their recognition.
    Mr. Huja read a proclamation for Arbor Day, which was on April 29th. Mr. Chris
    Gensic was present to accept the proclamation and thanked Council for their support.
    2
    ANNOUNCEMENTS
    Ms. Edwards announced a Minority Business Summit on May 23rd from 8:30 a.m.
    – 3:00 p.m. at the Omni Hotel, sponsored by the Dialogue on Race. Also, Charlottesville
    received silver level recognition for being a Walk-Friendly Community. She thanked
    Ms. Jeanne Alexander for taking the lead on the award. On May 12th from 5:00-7:00
    p.m. on the corner of Ridge and Elliot, the Alternate Recycling Project will take place.
    The City Market at Penn Park is open 3:00-7:00 p.m. Tuesdays; Farmers in the Park at
    Lee park is open Wednesdays from 3:00-7:00 p.m.; and the City Market downtown is
    open Saturdays from 7:00 a.m. until noon. Also, the City launched a goat initiative at
    Penn Park; citizens should visit the site to see the goats in action.
    Ms. Szakos announced Children’s Mental Health Awareness Day on May 3rd and
    passed around green ribbons. Also, the next Our Town Charlottesville Community
    Discussion Series will take place Thursday, May 12th at Johnson Elementary School from
    6:00 p.m. – 8:00 p.m. Dinner will be provided, and supervised activities for the children
    will be available.
    Dr. Brown said he would update Council on the Rivanna Water and Sewer
    Authority meeting regarding the pump station during Other Business.
    MATTERS BY THE PUBLIC
    Mr. Peter McIntosh, 624 Davis Ave., Vice President of the Board of McIntire
    Botanical Garden, asked Council to move forward now on the master planning process
    for the park.
    Ms. Joanna Salidis, 129 Goodman St., discussed the validity of facts surrounding
    water supply and dredging. She said dredging needs to happen first.
    Mr. Peter Kleeman, 407 Hedge St., said the Coalition to Preserve McIntire Park
    presented a resolution to Council one year ago that stated destroying the park in an
    untimely manner before the road was completed would be a disadvantage to the City. He
    said they are concerned that the parkway is beginning construction and requested the City
    reconsider passing a resolution to ensure no construction activity take place that could
    destroy resources in the park. He requested a meeting between Council and the Coalition
    to Preserve McIntire Park.
    Mr. Scott Beyer, 2556 Summitt Ridge Trail, said the downtown mall has had
    some recent closings, and the quarter mile radius around the pedestrian mall is less
    utilized than it could be. The City should make more free parking available for
    customers of the downtown mall in order to compete with strip malls like Barracks Road
    Shopping Center. Free parking could also incentivize developers to build on flat lots
    3
    instead of using them for paid parking. Also, chairs and tables beneath the Pavilion
    should be moved by the Community Chalkboard to create a gathering spot between City
    Hall and the bus stop.
    Mr. Bob Fenwick, 901 E. Jefferson St., asked Mr. Jones for an update on the
    status of the RFP for dredging. He also asked when a dredge will actually go in the
    reservoir, and what the total preliminary cost estimates for the new dam, reservoir and
    pipeline are. He said the bottom has fallen out of the real estate market, and investors
    and first time home buyers are recognizing that prices and interest rates will never be
    better. He asked Council to suspend restrictions on “Open House” signs.
    Mr. Jim Shea, 301 Monte Vista Ave., a member of the Dialogue on Race Reentry
    Action Team, commended Council for taking up the cause of ex-offenders and their
    families with the second chance proclamation in December 2010 and staging the reentry
    summit last month. However, there is no consensus on how to go forward, and Council
    and staff should continue to play a key role in taking this to the next step.
    Ms. Rebecca Quinn, 104 4th St., said utility rate public notices should list both the
    current rate and the proposed rate so ratepayers can understand the impact of changes.
    Ms. Victoria Dunham, 1419 Chesapeake St., president of Woolen Mills
    neighborhood association, thanked Council for taking Option A for the Rivanna Pump
    Station off the table. She asked Council to consider the resolution to sell park land.
    Option C was chosen at the RWSA board meeting, and that still locates the station firmly
    in the neighborhood. Please continue to research options that do not affect the
    neighborhood.
    Mr. John Fink, 1901 E. Market St., said zoning would never allow the pump
    station to be located in its current position. He asked Council to take the opportunity to
    relocate the pumping station out of the Woolen Mills neighborhood.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Mr. Huja said asked staff to follow up on Mr. McIntosh’s request for master
    planning to begin. He asked when the master plan is scheduled to start. Mr. Jones said
    staff has not set a date yet but will come back to Council with the guidelines they passed
    a few months ago, seek input into the process and proceed with planning. Mr. Huja
    asked that this be done as soon as possible. Mr. Huja said he disagreed with Mr.
    Kleeman and believes the parkway will be a good addition to Charlottesville.
    Ms. Szakos said she agreed that building should not start until we know that all
    the permits are in place, but she was disappointed when she heard Mr. Kleeman’s group
    chose not to ask for an injunction, because it would have given Council a chance to wait
    for that hearing. Council should not have to wait for over two years for the process to
    play out in court. She said she was intrigued by Mr. Beyer’s idea of having seating by
    4
    the chalkboard. She agreed with Ms. Quinn that public notices should include both old
    and new rates. She agreed with the Woolen Mills neighbors and appreciated that Mr.
    Jones and Ms. Mueller refrained from voting at the Rivanna meeting because they felt
    they needed more input from Council.
    Dr. Brown said he agreed with Ms. Quinn’s idea to advertise old rates. He
    thanked Mr. Fink and Ms. Dunham for their thoughtful comments. He said he disagreed
    with Mr. Beyer’s assessment of the downtown mall, and free parking may not be a good
    idea because we should encourage walking and transit. He thanked Mr. McIntosh and
    others for their great ideas.
    Ms. Edwards asked Mr. Jones to explain the status of the RFP. Mr. Jones said
    Rivanna staff will come back to Council in June. We have asked them to expedite the
    process to try to obtain information by May. The Rivanna board approved funding for
    HDR to put together an RFP at the last meeting. Preliminary cost estimates are $15-19
    million for the dam and $50-60 million for the pipeline. Ms. Edwards said she also
    agrees with Ms. Quinn’s suggestion to publish old utility rates. She suggested Council
    plan a fieldtrip to walk the pump station areas.
    CONSENT AGENDA
    On motion by Dr. Brown, seconded by Mr. Huja, the following consent agenda
    items were approved: (Ayes: Mr. Huja, Ms. Edwards, Dr. Brown, Ms. Szakos; Noes:
    None; Absent: Mr. Norris.)
    a. Minutes of April 18
    b. APPROPRIATION: $41,884.67 – Aquatic Facility Rental Revenue – Crow
    Indoor Pool (2nd reading)
    c. APPROPRIATION: Appropriation of FY 2011 Additional Transit Revenues
    (2nd reading)
    d. APPROPRIATION: $1,500 – Donation Toward Purchase of “Azure”
    Sculpture (2nd reading)
    e. APPROPRIATION: $5,625 – Downtown Mall Directional Signage
    Purchases (carried)
    f. APPROPRIATION: $22,840 – City Hall Window Damage - Appropriation
    of settlement from Nautilus
    Insurance Company (carried)
    g. APPROPRIATION: $22,500 – Police Department - Reimbursed Overtime
    (carried)
    h. RESOLUTION: Emergency Operations Plan
    i. RESOLUTION: Approval of FY 2011-2012 Annual Action Plan
    j. RESOLUTION: Approval of Reimbursement for Employee Legal Fees
    k. RESOLUTION: Acceptance of an extension of Brookwood Drive in the
    Brookwood Development
    5
    l. RESOLUTION: Approval of 2011 Analysis of Impediments to Fair
    Housing Choice Report
    m. ORDINANCE: Amendment of Noise Ordinance (2nd
    reading)
    n. ORDINANCE: Unzoned Properties (carried)
    PUBLIC HEARING/RESOLUTION: ISSUANCE OF SERIES 2011 BONDS
    Ms. Krissy Hammill presented to Council on a resolution authorizing the City to
    sell general obligation bonds as part of the City’s on-going capital financing plan. Staff
    expects to maintain a AAA bond rating. A final report is expected by the end of this
    week. The sale is scheduled for mid-May with closing in early June.
    Ms. Hammill listed the bond-funded projects. Ms. Szakos asked if the rate at time
    of sale remains the same. Ms. Hammill said it does.
    The public hearing was opened.
    Ms. Colette Hall, 101 Robertson Ln., said she fears bond issuances will continue
    every year. In the current recession, Charlottesville has been spared the worst effects.
    We must get spending under control.
    Ms. Rebecca Quinn, 101 4th St., asked how the improvements listed for water and
    sewer would be used, and if there is a readily accessible way citizens can understand how
    money will be used in general.
    Having no further speakers, the public hearing was closed.
    Ms. Szakos said the City tries to maintain a steady debt level, so we are always
    paying some off every year. We are not increasing our debt; we are maintaining our debt.
    It is a way to distribute the cost of important projects over time. Ms. Hammill said we
    are issuing more debt, but it is part of an overall plan that maintains our budget and
    supports the CIP plan.
    Mr. Huja said important projects in our community would not be possible without
    this type of funding. Dr. Brown said this is a bigger bond issue than we have done in
    recent years, but we do not take it lightly. This is how we maintain our infrastructure. In
    the next years, state and federal budget issues may cause us to take a closer look at the
    City budget.
    On motion by Dr. Brown, seconded by Ms. Szakos, the motion carried
    unanimously. (Ayes: Mr. Huja, Ms. Edwards, Dr. Brown, Ms. Szakos; Noes: None;
    Absent: Mr. Norris.)
    Mr. Jones said the projects for water and sewer should be online as part of the
    Capital Improvement Projects report.
    6
    PUBLIC HEARING/RESOLUTION: HILLSDALE CONDEMNATION
    Mr. Craig Brown presented to Council. The first phase of the Hillsdale Drive
    extended has been built, but it has not been dedicated to the City as a public street
    because well after the road was under construction and close to being complete, Kmart
    Corporation filed a lawsuit against Meadowbrook Creek, alleging that the road and
    related improvements were being built on property that is a part of Kmart’s lease. The
    City has made an offer to Kmart for fair market value, but they have not accepted or
    rejected that offer.
    Staff’s recommendation is based on the high priority of the project and the fact
    that the road has already been built. The property has a public use now anyway, which
    makes it legally efficient.
    The public hearing was opened.
    Ms. Colette Hall, 101 Robertson Ln., asked Mr. Brown for clarification that the
    City’s stance is that they should take private land that belongs to Kmart and condemning
    it to make it public.
    Mr. Brown said this land has already been acquired by Meadowbrook Creek, and
    the only interest preventing it from being given to the City is Kmart’s leasehold interest.
    Ms. Szakos asked how many parking spots would be affected. Mr. Brown said
    110. Meadowbrook Creek said through reconfiguration of the lot, loss of spaces can be
    reduced to 40.
    Ms. Hall asked if this was the same as eminent domain. Mr. Brown said it was.
    Council has been reluctant to condemn in the past.
    Having no further speakers, the public hearing was closed.
    Mr. Huja said this is in public interest, benefits the city, and benefits Kmart. It is
    important that we do this and do not take it lightly.
    Dr. Brown asked if Kmart responded. Mr. Brown said they acknowledged receipt
    of the offer, but there was no substantive response. Ms. Szakos said how long ago the
    letter was sent. Mr. Brown said Meadowbrook Creek made their offer in October 2010.
    Ms. Edwards said she is uncomfortable with condemnation. Ms. Szakos said she
    is too but thinks this is important to move forward with this as a lesser of evils.
    On motion by Dr. Brown, seconded by Mr. Huja, the motion carried. (Ayes: Mr.
    Huja, Dr. Brown, Ms. Szakos; Noes: Ms. Edwards; Absent: Mr. Norris.)
    7
    PUBLIC HEARING/ORDINANCE: ABANDONMENT OF STORM DRAIN
    EASEMENT (carried)
    Mr. Brown said this is a routine matter wherein the City required an easement a
    number of years ago. Properties have developed and as a result of the Paton Street PUD
    project by Habitat for Humanity, there is no longer a need for the easement from 1993.
    The public hearing was opened.
    Having no speakers, the public hearing was closed.
    On motion by Ms. Szakos, seconded by Dr. Brown, the motion carried to the next
    meeting.
    REPORT/ORDINANCE: SALE OF 409 STADIUM RD. (2nd reading)
    Ms. Kathy McCue presented to Council. This was last discussed at the February
    7th Council meeting. It was requested that the lots were combined and an IPP was issued
    for both of them. Staff determined Council’s objectives could be met by keeping 409
    Stadium Rd. separate and restricting the property through the use of a deed restriction.
    Mr. Huja said this is a good solution for this property.
    Ms. Szakos said the deed restriction compares this land to a pocket park but with
    no rights of the public to use this for park purposes. She asked if the developer intends to
    allow public access. Ms. McCue said because of liability purposes, they do not. Ms.
    Szakos said this is not then a park, but a visual expanse of space.
    Mr. Brown said Council needs to move to amend the ordinance as presented on
    first reading to eliminate the requirement that the lots be combined. On motion by Mr.
    Huja, seconded by Dr. Brown, the motion carried unanimously (Ayes: Mr. Huja, Dr.
    Brown, Ms. Edwards, Ms. Szakos; Noes: None; Absent: Mr. Norris).
    REPORT: RE-ENTRY SUMMIT
    Mr. Mike Murphy reported to Council. He thanked them for their support of the
    reentry effort and thanked Ms. Edwards for her vision. He thanked members of staff for
    their contributions. He described the event, including speakers, panels, and discussion of
    key issues. The project obtained a new group of volunteers, and a video of the event will
    soon be offered on Charlottesville’s TV 10, as well as complete audio via podcast. The
    Reentry Steering Committee and the Dialogue on Race group are hoping to collaborate to
    8
    engage community conversation and reduce duplication of services. Staff welcomes
    Council’s input on next steps.
    Dr. Brown thanked Mr. Murphy and Ms. Edwards for their work on this project.
    He said he was glad Mr. Caravati was honored because of how much work he has done
    on this project over the years.
    Ms. Szakos highlighted next steps from the report and said Council can truly work
    with these concrete suggestions.
    Mr. Huja said this is a good start, and he looks forward to getting started on work.
    Ms. Szakos asked if Mr. Murphy is planning on giving a report to the Jail
    Authority Board. Mr. Murphy said he would do so.
    Ms. Edwards thanked Mr. Murphy for his hard work on the conference. This is
    an opportunity for creative, common sense community collaboration, and to discuss
    poverty in a broader sense and how it effects our community. She said she hopes this
    was the “First Annual” conference and that there will be others in years to come. The
    importance of mental health services and possible collaboration with Region 10 was also
    discussed. Council will wait until Mr. Norris returns to make further decisions. Mr.
    Jones said staff will come back to Council in June.
    REPORT: SPRING 2011 JOB FAIR
    Ms. Lee presented to Council on the April 27th Job Fair. A record number of 90
    employers participated, and there was good representation from entry-level positions.
    Between 1,800 and 2,000 job seekers attended the event, which was as expected. Staff
    focused on preparing job seekers for the event by offering pre-job fair workshops and onsite
    resources. They partnered with several community groups to make this a success.
    Post-event employer and job-seeker surveys are conducted after the event to detect
    effectiveness. Preliminary results have been positive.
    Mr. Huja said this is a great service and thanked staff for providing it to the
    community. Ms. Edwards said she appreciated that there is better data collection now
    than in the past, particularly the anecdotal stories. She said Ms. Lee is a force to be
    reckoned with in planning this event.
    OTHER BUSINESS
    Dr. Brown updated Council on the Rivanna Pumping Station issue. It was a
    pleasant surprise to see that the County no longer maintained the position that the site
    should be located on Option A. After a lengthy discussion on whether there was any
    viability for Option B, it was discarded primarily because of its location. Option C had
    9
    the most viability and the least impacts, although not without impacts. A full discussion
    of those impacts is scheduled for the next meeting.
    Mr. Jones said the board voted on moving design forward on Option C, or a
    hybrid of Option C. They said they did want to hear from Council. He said Mr.
    Frederick does not believe scheduling a vote for the May 16th meeting would impede the
    timing of the project. We agreed by a consent order with DEQ to have a design by
    December.
    Mr. Huja said next there should be a public hearing at the next meeting so citizens
    can comment. Ms. Szakos said Option C is a lot more expensive, and she was concerned.
    Ms. Edwards said a presentation will be helpful, and a public hearing is essential.
    MATTERS BY THE PUBLIC
    Ms. DeDe Smith, 2652 Jefferson Park Circle, thanked Dr. Brown for defending
    the City’s interests regarding the pump station. Estimates are extremely preliminary, so
    please do not make a decision to go with something cheaper based on these estimates.
    This is a golden opportunity to get an inappropriate piece of infrastructure out of one of
    our City parks.
    Mr. Daryl Jones, City of Charlottesville, said he was part of the Reentry Summit
    and said people in the community are impatient about what the next steps are. Follow-up
    is important. He said he went to the Job Fair, and the reentry program should be
    explained to potential employers.
    Mr. Peter Kleeman, 407 Hedge St., said Councilor Szakos said she was
    disappointed that the group did not apply for injunctive relief, but he has in fact done so
    and provided the first and fourteenth pages of the complaint filed. This matter cannot be
    expedited without an emergency injunction. He asked Council to prevent destruction of
    the park before the hearing.
    Ms. Colette Hall, 101 Robertson Ln., said before you removed the Utility Rate
    increase discussion from the agenda tonight, she noticed it was not scheduled for a public
    hearing.
    COUNCIL RESPONSE
    Mr. Jones said the Utility Rate is scheduled for a public hearing on the May 16th
    agenda.
    Ms. Szakos said there is a difference between a preliminary injunction and an
    emergency injunction. She clarified that she was disappointed there was not a
    preliminary injunction.
    Ms. Edwards thanked Mr. Daryl Jones for participating in the Reentry Summit
    and said next steps are forthcoming. Please remind people to remain encouraged. On
    June 16th, there will be a panel discussion on the book The New Jim Crow.
    The meeting was adjourned.
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Monday, May 16, 2011, AT 6:30 p.m. IN THE Second Floor Conference
    Room.
    THE PROPOSED AGENDA IS AS FOLLOWS:
    Closed session as provided by Section 2.2-3712 of the Virginia Code
    BY ORDER OF THE MAYOR BY Paige Barfield
    SECOND FLOOR CONFERENCE ROOM – May 16, 2011
    Council met in special session on this date with the following members present:
    Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris.
    On motion by Dr. Brown, seconded by Mr. Huja, Council voted (Ayes: Dr.
    Brown, Mr. Huja, Mr. Norris; Noes: None; Absent: Ms. Szakos, Ms. Edwards) to meet in
    closed session pursuant to section 2.2-3712 of the Virginia Code for consultation with
    legal counsel regarding the negotiation of the terms and conditions of a community water
    supply cost sharing agreement with the Albemarle County Service Authority, as
    authorized by Virginia Code sec. 2.2-3711 (A) (7).
    On motion by Dr. Brown, seconded by Mr. Huja, Council certified by the
    following vote, (Ayes: Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Noes: None;
    Absent: Ms. Szakos), that to the best of each Council Member's knowledge, only public
    business matters lawfully exempted from the open meeting requirements of the Virginia
    Freedom of Information Act and identified in the motion convening the closed session
    were heard, discussed or considered in the closed session.
    COUNCIL CHAMBERS – May 16, 2011
    Council met in regular session on this date with the following members present:
    Mr. Norris, Ms. Edwards, Dr. Brown, Mr. Huja. Absent: Ms. Szakos.
    AWARDS AND RECOGNITIONS
    Mr. Norris read a proclamation for Bike Month. Scott Paisley, Heather Higgins,
    Mac Lafferty, and Ruth Stornetta were present to accept the proclamation. Ms. Higgins
    overviewed local events for Bike Week.
    Mr. Norris read a proclamation for Public Works Week. Ms. Judy Mueller was
    present to accept the proclamation on behalf of Public Works Department employees.
    2
    Mr. Norris acknowledged seven high school seniors who received Charlottesville
    City Scholarships. Ms. Linda Seaman presented the following scholarship winners:
    Shaniece Bradford, Champrea Frye, James Dowell, LaToya Hughes, Richard
    Washington, Valerie Washington, and Christopher Yates.
    ANNOUNCEMENTS
    Ms. Edwards announced the Dialogue on Race and local businesses’ Minority
    Business Summit on May 23rd from 8:30am – 3:00pm. The summit is free, but
    registration is required. Call 970-3115 or visit Charlottesville.org/dialogue to register.
    June 16-18 is the Juneteenth Celebration. For more information contact Maxine at 295-
    6332 or Tamyra Turner at tturner@pvcc.edu. Mr. Huja announced the Community Band
    Festival on July 2nd from 11am-8pm. The event is free, sponsored by the Charlottesville
    Municipal Band.
    Mr. Norris announced the Parks & Recreation sale on outdoor pool passes for the
    2011 season. There is a discount on passes sold before May 31. Call 970-3260 for more
    information. A Flag Day Celebration will be held June 14th at the Pavilion at 6:30pm to
    salute armed forces, featuring the Charlottesville Municipal Band.
    MATTERS BY THE PUBLIC
    Ms. Jeannette Kantz, 1223 Park St., protested reduced bus services and asked
    Council to restore route 2A.
    Ms. Page Sullivan, 101 Melbourne Park Cir., protested reduced bus services and
    provided a petition with 61 names of people that have ridden in the past week for Route
    2A.
    Mr. Scott Beyer, 2556 Summit Ridge Trail, said if we build up certain growth
    areas in the City, we can preserve other parts of it. Growth areas assist in preserving
    single family neighborhoods. The City should revisit talks about rebuilding growth areas.
    He said West Main between Amtrak and the UVA hospital, the area between Water St.
    and South St., Cherry Ave. between Ridge and 6th St. SW, and 5th St. Ext. between the
    Tonsler tennis courts and Baily Rd. are key areas to examine for building.
    Mr. James Halfaday, 2423 Sunset Rd., said the City should do better for JPA area
    businesses while the bridge is out. Please post more signs.
    Mr. Tyler Frankenberg, 516 Brandon Ave., of the UVA Planning Students
    Research Department, Campbell Hall School of Architecture, presented on behalf of the
    graduate class in Housing and Community development. The class conducted research in
    3
    affordable housing and workforce training and examined innovative solutions from other
    municipalities around the U.S. Prof. Suzanne Moomaw assisted in compiling the reports.
    Mr. Mac Lafferty, 135 West Park Dr., spoke regarding bike helmets for youth.
    He reviewed statistics on bike head injuries, especially for children 14 and under. He
    asked Council to support ordinance requiring helmets for 14 and under.
    Mr. Peter Castiglione, 1516 Chesapeake St., owner of Maya Restaurant, spoke on
    the safety of bike lanes on West Main St. He described the bike accidents he has
    witnessed in the past four years. The bike lanes on West Main St. are dangerous. He
    asked who is liable in accidents. Improvements on West Main St. are going in the right
    direction. The City should create bike lanes that do not share a path with automobiles.
    He also asked the City to reallocate taxi stand spaces at the corner of 4th and Main to
    ameliorate losing 12 spaces along that corridor.
    Mr. Brandon Collins, 536 Meade Ave., said he was excited to see Council pass
    the resolution about Uranium Mining and asked for it to be read publically. Please follow
    through with as much action as possible on clean energy. Do not cut bus service hours or
    routes; the City should always be looking to expand. Citizens are reliant on public
    transit. Extend hours to serve late night users.
    Mr. James Richardson, 115 E. High St., echoed praise for improvements to West
    Main St. When considering removal of parking spaces, please remember the 2008
    downtown parking study data. Removal of on-street parking may not be as significant to
    businesses as some perceive.
    Mr. Mike Basile, 288 Albert Ct., spoke on violence and mobs on the downtown
    mall Friday nights. This is still happening despite video surveillance and increased police
    presence. He discussed violent incidents from this past weekend and asked Council to
    take steps to stop violence on the downtown mall.
    Mr. Scott Paisley, 1207 Oak Hill Dr., thanked Mr. Castiglione and the midtown
    merchants for engaging in dialogue to improve infrastructure and bicycle safety. He
    thanked Ms. Alexander and the City for their work and asked staff to focus on incomplete
    bike lanes. Simply increasing ridership helps most of all.
    Ms. Ruth Stornetta, 307 C 2nd St. NW, said it is illegal to open your car door into
    oncoming traffic, which includes bicyclists. Please make bike lanes on West Main St.
    continuous. She said changes to the road can benefit all users. She asked bikers present
    in support of the improvements to West Main to stand.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    4
    Dr. Brown thanked the bicyclists who were in attendance. He agreed with Mr.
    Paisley that the more people who are bicycling, the more people are aware of the rules of
    the road.
    Mr. Huja thanked the bikers in attendance and said biking is a positive mode of
    transportation. We should complete West Main St.
    Ms. Edwards asked Ms. Valerie Washington to come forward to comment on the
    concern about violence from youth on the downtown mall. Ms. Washington said young
    people need to have something to do. Youth are not aware of opportunities in the City for
    healthy activities. There should be a specific gathering place. Mr. Dominique Morris said
    teenagers do not know what they want to do. The biking community could help with
    activities. A boxing arena would be a good outlet. Cost-effective activities geared
    towards teenagers and older youth are needed. Mr. Norris said the City will work on this.
    Mr. Norris thanked Mr. Collins for sharing his ideas on transit. He agreed that
    expansion of service, not cuts, should be the focus. He thanked Ms. Kantz and Ms.
    Sullivan for discussing the importance of bus service in their neighborhood. He said Mr.
    Beyer made an excellent point about preservation of rural areas and single family
    neighborhoods. He also thanked the bicyclists for attending.
    CONSENT AGENDA
    Mr. Huja said he wanted to be sure the public understood that the 14 and Under
    helmet ordinance is for children. Dr. Brown asked to pull the helmet ordinance from the
    agenda.
    Ms. Edwards asked for a portion of the Uranium Mining resolution to be read
    aloud for the edification of the public.
    On motion by Mr. Huja, seconded by Dr. Brown, the following consent agenda
    items were approved: (Ayes: Mr. Huja, Ms. Edwards, Dr. Brown, Mr. Norris; Noes:
    None; Absent: Ms. Szakos.)
    a. Minutes of May 2
    b. APPROPRIATION: $5,625 – Downtown Mall Directional Signage
    Purchases (2nd of 2 readings)
    c. APPROPRIATION: $22,840 – City Hall Window Damage - Appropriation
    of settlement from Nautilus Insurance Company (2nd of
    2 readings)
    d. APPROPRIATION: $22,500 – Police Department - Reimbursed Overtime
    (2nd of 2 readings)
    e. APPROPRIATION: $187,500 – Market Street Parking Garage - Replacement
    of PARC Equipment (1st of 2 readings)
    5
    f. APPROPRIATION: $23,000 – 2010 State Homeland Security Program Grant
    (Hazmat) (1st of 2 readings)
    g. RESOLUTION: Resolution Supporting the Moratorium on Uranium
    Mining in Virginia (1st of 1 reading)
    h. RESOLUTION: Initiation of Text Change Regarding University Related
    Uses (1st of 1 reading)
    i. RESOLUTION: Initiation of Zoning Text and Map Amendments - 104
    Stadium Road (1st of 1 reading)
    j. ORDINANCE: Unzoned Properties (2nd of 2 readings)
    k. ORDINANCE: Abandonment of Storm Drain Easement (2nd of 2
    readings)
    l. ORDINANCE: 14 and Under Helmet Ordinance (1st of 2 readings)
    PUBLIC HEARING/ORDINANCE: UTILITY RATES (deferred to next meeting)
    Mr. Bernard Wray presented to Council and provided a brief overview of the
    utility report, which is available on the city website. He introduced Ms. Sharon O’Hare
    and Ms. Lauren Hildebrand, who were available to answer questions.
    Mr. Norris asked Mr. Wray to explain where the rate stabilization fund came
    from. Mr. Wray said in 2008 we started charging a rate facility fee for new home
    construction. The money was put in a separate fund because we knew debt service would
    increase dramatically over the next several years, and this fund was used to stabilize the
    rates over the long term.
    Mr. Huja asked them to state rate increases. He asked why the City does not
    charge more to people who use more, i.e. a tiered rate structure. Ms. O’Hare said the
    City examined tiered rates this year, but the City’s customer base is different from
    Albemarle County. This structure is usually only used for single family units, and the
    City does not want to penalize economic development or single family residential units.
    The public hearing was opened.
    Mr. Bruce Edmonds, Woolen Mills, said he is the owner of a small business
    located downtown. Council should consider voting no on a tax increase for water and
    sewer bills. It is premature to raise these rates until the county cost-share agreement is
    finalized. City tax payers should not have to pay for county increases.
    Ms. Colette Hall, 101 Robertson Ln., said we are repeating the same action over
    again expecting a different result. The Albemarle County Service Authority decided not
    to raise rates. City tax payers should not be subject to continuous rate increases. Water
    and sewer use are not optional for City residents, putting residents at the mercy of local
    government and RWSA.
    6
    Ms. DeDe Smith, 2652 Jefferson Park Cir., said she is shocked to see that rate
    stabilization for water and sewer has increased from last year. There is well over $1
    million in combined subsidy, and this is digging us deeper into the requirement that we
    subsidize these rates. Paying these off with connection fees discourages affordable
    housing. We do not have limitless growth potential like Albemarle Co. Rate subsidies
    hide the true cost of what residents are paying for water and sewer and loss of city assets
    from the water plan.
    Ms. Katie Chester, 1915 E. Market, said in regard to tiered rates, businesses
    should also be encouraged to use resources more sparingly.
    Ms. Betty Mooney, City of Charlottesville, said do not vote for the rate increase.
    Our water and sewer rates have been going up since 2002, despite using less and less
    water. We do not need a new dam, and we do not need higher rates. The Albemarle
    Service Authority is not raising rates for the second year in a row. We do not have a cost
    share agreement with the county yet. This is not sustainable.
    Having no further speakers, the public hearing was closed.
    Ms. Edwards explained why tiered rates do not work well for many City
    residents, particularly lower income residents with large families who rent. It is
    important to have conservation information available for all types of residents, including
    landlords and businesses.
    Mr. Norris agreed with those who urged Council not to adopt the higher rates,
    particularly regarding the water issue, particularly because we do not have a cost share
    agreement. The net increase is very modest, but that is because there is a heavy amount
    of subsidy built in.
    Ms. Edwards said she wants to make sure Council handles this issue
    appropriately.
    Dr. Brown asked Mr. Wray to address why Albemarle did not recommend a rate
    increase. Mr. Wray said there are various possible reasons, but staff would have to
    clarify with Albemarle County staff. Dr. Brown said he has been concerned over
    stabilization rates over the last several years, because it makes residents think this is
    costing less than it actually is. Mr. Wray explained why the new fee stabilizes. Dr.
    Brown asked what would happen if Council does not vote to pass the ordinance. Mr.
    Wray said the City would operate at a financial loss. Funds would have to be taken from
    elsewhere in the budget. Mr. Wray said they budget utility rates simply to break even.
    Dr. Brown asked to detail what the effects of not passing the ordinance would be
    for the second reading and to provide public information on why the county did not
    recommend a rate increase while the City did. Mr. Norris said his concern is specific to
    water, not sewer and gas. Mr. Wray said we can examine rates across the board. Mr.
    7
    Huja said he also wanted the information Dr. Brown requested. Ms. Edwards asked this
    be deferred until full Council was present.
    A vote on the motion was deferred until next meeting.
    PUBLIC HEARING: RIVANNA PUMPING STATION
    Ms. Lauren Hildebrand presented to Council. She summarized Council’s tour of
    potential Pump Station sites, reviewed the history of the pump station decision process
    and summarized preliminary costs of Option A, Option C and Option D. The schedule
    for a decision on the pump station site requires that a plan be submitted for the pump
    station by late December. The engineer can finish the study work in 12 weeks, and the
    study results can be evaluated in late August. Staff requested direction from Council
    regarding options worthy of design efforts.
    Mr. Frederick presented to Council on Hazen & Sawyer’s preliminary reports on
    tunneling. More needs to be researched about the geology at that depth to determine
    what the actual cost of the project would be. Staff does not recommend we pursue this.
    The public hearing was opened.
    Ms. Joanna Salidis, 129 Goodman St., said Options A, B and C are completely
    unacceptable. Reevaluate whether we need to build a new sewage station at all. The
    trend in local government favors building new infrastructure over repairing old
    infrastructure. New water and sewer rates are an example of the trend of the county
    shifting the cost of growing population to City rate payers. Development in the County is
    paid for by the City. Price tags are bogus.
    Mr. Brandon Collins, 536 Meade Ave., said he appreciates that the Woolen Mills
    Association has been actively engaged on this issue. Option D is the least of the evils.
    Think about other alternatives and ensure adequate studies on the impact of air and water
    quality, the impact on the neighborhood, and the total cost.
    Ms. Victoria Dunham, 2000 Marchant Street, thanked Council for taking Option
    A off the table. She said bringing back Option A is a threat being held over the
    neighborhood’s head. Option C places the onus on a small group of people to support
    wastewater infrastructure that supports the City, County and UVA. State Farm should
    not be allowed to singlehandedly take Option D off the table. Please take A and C off the
    table permanently. She asked those present in support to stand.
    Ms. Katie Chester, 1915 E. Market St., said this process has outraged her. She
    asked how the City can tolerate building a sewage pumping station in a residential
    neighborhood. Option C is more of the same. Money should not be the only factor, but
    also the effect on quality of life and environmental impact. The process has been
    8
    frustrating. We should hire a completely impartial consultant who has done this before.
    If Council is willing to study Option C, they should be willing to study Option D.
    Mr. Bill Herrick, 1915 E. Market St., said Option C or a hybrid thereof would
    require blasting, which would shake the old surrounding buildings and impact the
    integrity of their structure. State Farm should not be able to impact the decision. Choose
    citizens first. He asked if the 10% increase in sewer would pay for the pump station.
    Ms. Cindy Cartwright, 1404 E. Market St., said she is representing her children.
    She showed Council the posters her children made, which illustrated pleas not to build
    the pumping station.
    Mr. Evan Hanson, 1404 Burgess Ln., said he and his wife love walking in the
    neighborhood, and he was shocked the original pumping station was located where it
    presently is. The City has the opportunity to right a wrong that was made several years
    ago. This should not be in anyone’s back yard. He asked that Council demand RWSA
    set up an independent commission to set up a demand analysis and seek other options.
    Ms. Colette Hall, 101 Robertson Ln., said she empathizes with Woolen Mills not
    wanting a larger pump station in their neighborhood. The City should not always bow to
    County wishes. The County should find land to house this new pump station and should
    take responsibility for their growth.
    Mr. Pressley Thatch, owner of a moving company at the end of Market St., said
    the neighborhood has worked hard over the years to maintain and nurture its historic
    value. If Council chooses Option C, that removes the ability for neighbors to use historic
    style renovation in future development of their facility, which makes future development
    unlikely to be residential.
    Mr. Fran Lawrence, 1729 Chesapeake St., said Council should make sure Option
    A stays off the table. State Farm would not oppose Option D at the end of the day.
    Technology should prevent the smell from affecting State Farm, especially since the
    station will be located downhill.
    Mr. Chris Harris, 1900 Chesapeake St., said neighbors are frustrated with various
    schemes. This a problem of design process more than design product. He suggested
    setting up design criteria based on neighborhood, City, County and RWSA discussions.
    Revise the design process, and review other alternatives and solutions.
    Mr. Fred Wolf, 603 Lexington, said he is about to purchase a property directly
    affected by Option C. The emphasis should not be solely on cost. The City should find a
    solution that shares the burden equally. We need accurate, updated flood map data to
    account for the dam removal in 2007. Please do not approve RWSA’s request to study
    only Option C.
    9
    Mr. Bill Maloney, 1909 E. Market St., said he is concerned over the five to ten
    year effect of the pump station, especially yard erosion and the effect on surrounding
    structures. The scale of the project is massive, leaving a 15-30 foot space between the
    river and where the easement will be. Stays would be granted with good faith effort.
    Mr. Bill Emory, 1604 E. Market St., asked Council to review comments he sent
    earlier in the day. He thanked RWSA for treating wastewater and asked Council to
    dream about the process and reconnecting with the river.
    Ms. Ewing said we have to take the deadline very seriously or contact DEQ and
    clarify whether the December deadline is real or not. We should examine options that
    would make it so we do not have to build a new pumping station. We should ask RWSA
    to think creatively about other options.
    Mr. Bruce Edmonds, Woolen Mills, said Council must reject Option C. Continue
    to support the past resolution of the Council to reject Option A. He thanked Mr. Norris
    for attending Friday’s Woolen Mills neighborhood Association meeting.
    Ms. Nancy Beckstrom, 1909 E. Market St., said her backyard would be badly
    affected by the trench that would be constructed under Option C.
    Ms. Betty Mooney, City of Charlottesville, said this discussion is frustrating and
    encouraged Council to question the $2 billion price tag to fix leaky pipes.
    Ms. DeDe Smith, 2652 Jefferson Park Cir., said ask not only what it would cost to
    repair pipes instead of building a new station, but whether we will have to fix leaky pipes
    anyway because of DEQ regulations. Please consider that Riverview Park is unique
    Having no further speakers, the public hearing was closed.
    Mr. Norris said Council needs to decide whether or not to move forward with
    Option C. He asked for clarity on the basic need for this project. He asked if there was a
    green infrastructure approach that could be taken to mitigate storm water management
    issues. Ms. Hildebrand said sewer rehabilitation is a three-pronged approach. Staff is
    rehabilitating existing sewers that are high priority, then looking at capacity downstream.
    Staff must examine the system as a whole as a part of the comprehensive sewer system
    study. Mr. Norris said even if we were able to reduce infiltration by 50%, we would still
    need an upgrade in our pipe system. Ms. Hildebrand said this was true.
    Mr. Huja said he wants to take Option C off the table. Dr. Brown said we need to
    talk about what other options are available. Mr. Huja said Option D and Option E should
    be considered.
    Ms. Edwards agreed with Mr. Huja. This is a good time to think about what the
    best solution for our community is. She questioned the judgment regarding the culture of
    the neighborhood. People lost their quality of life with the initial decision to locate the
    10
    pump station. She asked for assurance that the trailer park community is welcomed to
    attend and contribute to the Woolen Mills association. She has not heard from them and
    is concerned by that.
    Mr. Huja asked Mr. Frederick when the pumping station was built. He said late
    1970s to 1981. Dr. Brown asked if there was flexibility on the deadline. Mr. Jones asked
    Mr. Frederick to discuss negotiations with DEQ that got us to this deadline. Mr.
    Frederick said he canvassed our infrastructure system in 2004 and was disappointed to
    find how poorly the sewer system was operating. Sanitary sewer overflows is EPA’s
    number one priority nation-wide.
    Dr. Brown said we need to study options and see what we can do, but we have to
    figure out a way to collaborate. State Farm was adamant against Option D for the same
    reasons Woolen Mills neighbors are against having it in their neighborhood, particularly
    because of the odor. He asked to keep more rather than fewer options on the table. He
    asked to explore options C, D and E, including tunneling.
    Mr. Norris agreed with Mr. Huja that we should take Option C off the table. The
    option is clearly a non-starter because of the impact on the neighborhood and the
    financial impact. Option D is the lesser of evils. One private property owner should not
    trump dozens of city and county residents whose home and quality of life would be
    affected by this project. We can work with State Farm to find a good solution. He said
    he is intrigued by Option E and thinks it is worth exploring, but first prefers to discuss the
    viability of Option D with State Farm.
    Mr. Huja moved to reject Option C and study Options D and E. Mr. Norris said
    studying Option E is a very expensive proposition, and we should only do that as a
    fallback position if Option D is not a possibility. Ms. Edwards seconded the motion. Dr.
    Brown clarified that Council would pay its share of the $400,000 price tag to pay for
    researching Option E. Mr. Norris confirmed.
    Mr. Huja thanked the citizens of the neighborhood who came to speak.
    REPORT: FINAL TRANSIT DEVELOPMENT PLAN (CTG)
    Mr. Watterson, director of CAT, presented to Council. The Deptarment of
    Transportation is looking for endorsement from Council supporting the Transit
    Development Plan (TDP). Mr. James Baker, from Connetics Transportation Group
    (CTG), presented to Council on meetings since the March 3rd Work Session.
    Mr. Baker outlined existing CAT service issues, a near-term Service Plan (1-3
    years), and routes 10/12 alignment change. A study showed routes 1A and 2A were the
    poorest performers. He also reviewed service changes proposed for FY 2012, a shortrange
    service plan (2-4 years), a long-range service plan (through 2035). He reviewed
    TDP operating costs, outlined local and federal funding assumptions for operations,
    11
    capital cost requirements, and next steps, including Council submittal of the TDP to the
    Virginia Department of Rail and Transportation.
    Mr. Huja said he supported the proposals, but the county should pay for routes
    that serve county growth. Mr. Watterson said they presume that the county would be
    responsible for a local match element for county residents. Mr. Huja said he is
    disappointed in service to the northern part of the City. Mr. Baker said this area was
    included in the study, but efficiency studies showed expanded service was not warranted.
    The City is well-covered in general.
    Dr. Brown said he is interested in promoting more and better service in the county
    because helps keep cars off city roads.
    Ms. Edwards asked how concerns over reduced services could be addressed. Mr.
    Watterson said Council could elect not to implement the portion of the plan that would
    impact existing service.
    Mr. Norris said he is concerned with the impact on Park St., North Downtown,
    and the Woolen Mills area, especially with a growing number of elderly residents. He
    does not support eliminating routes in those areas.
    Anything not implemented in August 2011 will be brought to Council as soon as
    possible. The deadline for getting information for inclusion in the route catalogue is the
    end of June. On motion by Dr. Brown, seconded by Ms. Edwards, the plan was approved
    as amended. (Ayes: Dr. Brown, Ms. Edwards, Mr. Norris; Noes: Mr. Huja; Absent: Ms.
    Szakos.)
    REPORT: BICYCLE SAFETY COMMITTEE UPDATE
    Ms. Jeanne Alexander reported to Council on communication of public
    information, enforcement, the 14 and Under Helmet ordinance, support for legislative
    items, and on-street improvements. She explained the proposal to add bike lanes on West
    Main St. was more controversial because it requires removal of some on-street parking
    spaces. New shared lane markings, called “sharrows”, are being tried out on Water St.
    Mr. Norris thanked Ms. Alexander for her work with the Bike/Pedestrian
    Committee and congratulated her on her Bike Charlottesville Community Partner award.
    Mr. Huja said the City should have sidewalks, then bike lanes, then parking to
    avoid opening car door issues. Ms. Alexander said staff has considered that solution, but
    it requires more street width than we have available. Dr. Brown said this has been a great
    process and is proud how well City staff has worked with the bicycle community.
    12
    On motion by Mr. Huja, seconded by Dr. Brown seconded, a motion to support
    the bicycle safety committee update carried unanimously. (Ayes: Mr. Huja, Dr. Brown,
    Mr. Norris, Ms. Edwards; Noes: None; Absent: Ms. Szakos.)
    REPORT: 14 AND UNDER HELMET ORDINANCE (carried)
    Ms. Alexander presented to Council. She clarified that this ordinance only
    applies to children ages 14 and under. Mr. Norris asked if there are exceptions, such as
    children riding in Azalea Park. Ms. Alexander said the ordinance does spell out specific
    locations. Mr. Brown clarified that the ordinance only applies to highways, sidewalks, et
    cetera.
    Dr. Brown asked how the City can reach lower income communities with helmet
    give-away programs. Ms. Alexander said there will be a bike rodeo this weekend, with
    free helmets. Staff is looking for ways to make more free helmets available. Dr. Brown
    said we could tell kids to bring their citation to City Hall for a free helmet to have their
    fee waived. Ms. Edwards said helmets could be provided by nonprofit groups instead of
    the City because the goal is education. Mr. Norris said we should proactively support
    distribution of bike helmets.
    On motion by Ms. Edwards, seconded by Mr. Huja, the motion carried to the next
    meeting. Staff will bring back information on providing free or reduced cost helmets.
    REPORT: ATHLETIC FIELD ALLOCATION STUDY
    Mr. Daly presented to Council. He reviewed the guiding principles for allocation
    and recommended priorities. He said the relation of the field study to McIntire Park will
    come before Council at the next meeting.
    Mr. Huja asked if Mr. Daly has discussed priorities with field users. Mr. Daly
    confirmed that he has. Mr. Huja asked if staff has explored partnering with UVA. Mr.
    Daly said they have, but it is a difficult issue, which they may be able to revisit at a later
    date.
    Dr. Brown asked what the timeline of study was. Mr. Daly said the first meetings
    with focus groups took place over two years ago. Dr. Brown asked if soccer teams can
    request practice space on baseball diamonds. Mr. Daly said they can.
    Mr. Norris asked for other ideas for expanding field use. Mr. Daly said lighting
    fields, especially rectangular fields, and conversion of diamond fields into rectangular
    fields, especially if usage continues and patterns change locally as they have nationally.
    Mr. Huja asked if school playgrounds were included. Mr. Daly said they were.
    Mr. Norris thanked Mr. Daly for his work.
    OTHER BUSINESS
    Ms. Edwards said the QCC walks leaves from Community Bikes this Saturday at
    8:30 a.m.
    Mr. Huja asked for an update on the City Market. Mr. Jones said the task force is
    presenting recommendations to Council in June.
    MATTERS BY THE PUBLIC
    Mr. Peter Kleeman, 407 Hedge St., said watched Henry Graff's reports on the trip
    to Winneba in the beginning of May. This is a great opportunity for Council to show
    leadership above what they are doing now in the Sister City program. The City should
    spend money and include the Winneba community as part of our community, as well as
    our other Sister City communities. Follow up on the initiative to build a strong, useable
    library in Winneba just as we would invest in our own community. Council should vote
    to contribute money to the Winneba library project.
    Mr. Dominique Morris, City of Charlottesville, said it would be appropriate to
    have an activity fair like a job fair to introduce topics most teens do not know about.
    COUNCIL RESPONSE
    Mr. Huja said he supported Mr. Kleeman's idea about contributing more to Sister
    Cities. Dr. Brown said it is a great idea to get involved with our Sister Cities. Bragging
    about not spending City money on our Sister City relationships sends the wrong message.
    The meeting was adjourned.
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Monday, June 6, 2011, AT 6:30 p.m. IN THE Second Floor Conference
    Room.
    THE PROPOSED AGENDA IS AS FOLLOWS:
    Closed session as provided by Section 2.2-3712 of the Virginia Code
    BY ORDER OF THE MAYOR BY Paige Barfield
    COUNCIL CHAMBERS – June 6, 2011
    Council met in regular session on this date with the following members present:
    Mr. Norris, Ms. Edwards, Dr. Brown, Mr. Huja, Ms. Szakos.
    ANNOUNCEMENTS
    Mr. Norris announced the Charlottesville Community Band Festival on July 2nd.
    Mr. Steve Layman, Mr. John Laprade and Mr. Charles Torian were present to speak
    about the event.
    Mr. Norris announced the “My Backyard Vacation” program. Go to
    www.mybackyardvacation.com for more information. He invited Mr. Joe Rice to present
    the PSA he created to promote the program.
    Mr. Norris also announced the seminar “Seeing Green: Savvy Solutions for your
    Business and Your Community”, which will take place Thursday, June 23rd from 9:00
    a.m. – 12:00 p.m. at CitySpace. The seminar is open to local residents and business
    owners. Free parking is available.
    Mr. Huja announced “Movies in the Park” at Washington Park on June 17th. The
    event will begin with free swimming from 5:30 p.m. – 7:30 p.m., with an 8pm showing
    of “Despicable Me”. Also, Mr. Huja encouraged citizens to share their ideas with the
    Celebrate 250 Committee. Go to the website at www.celebrate250.com to contribute.
    Dr. Brown announced the “Look 3” Festival of the Photo. He invited the director
    of the festival, Mr. Andrew Owen to speak about the event. Visit www.look3.org for
    more information and samples of work from the festival.
    Ms. Szakos announced that the City received a AAA bond rating for the year,
    which is the highest rating, from both major rating agencies. This means the City will
    pay approximately $500,000 to $1 million less in interest rates. Council congratulated
    staff for achieving this goal.
    2
    Ms. Edwards announced the 11th Annual Community Juneteenth Celebration,
    June 16th – 18th. For more information, contact Maxine Holland at 295-6632 or email
    Tamyra Turner at tturner@pvcc.edu.
    Mr. Norris added a discussion on next steps and timeline for Meadowcreek
    Parkway to “Other Business”. Mr. Huja also added discussion on the Best Buy
    interchange at 29 North.
    MATTERS BY THE PUBLIC
    Mr. Paul Long, 1410 Grady Ave., requested an additional CAT bus route to the
    new Martha Jefferson hospital location on Pantops. He said many buses should run every
    20 minutes instead of every hour. He asked for new bus routes to the airport and the jail.
    He also asked for extended service on nights, Sundays and holidays.
    Ms. Joanna Salidis, 129 Goodman St., said the online petition for dredging first to
    increase water supply has reached 720 signatures. Visit www.cvillewater.info to sign the
    petition. She read comments from the online petition in support of dredging.
    Mr. Scott Beyer, 2556 Summit Ridge Trail, spoke regarding the Critical Slopes
    ordinance. Further regulating City land produces the unintended consequence of
    reducing the amount of buildable land in the City that is zoned residential, which will
    further reduce affordable housing options. This will cause continued suburban sprawl.
    Mr. Rich Collins, 108 Welson Ct., said there is a federal court suit pending
    regarding McIntire Park that challenges the legality of whether the FHA has illegally
    segmented a road. The schedule is going forward as expeditiously as possible, and this is
    the first time a hearing has been able to be obtained. Because of the MRE segments
    contract, construction could begin on a segment of the road that could be declared illegal
    but destroyed before the case has been heard. Please give the Coalition to Preserve
    McIntire Park time for this court hearing to be heard before allowing action on this
    project.
    Ms. Carole Thorpe, 1318 Oak Tree Ln., Chairwomen of the Jefferson Area Tea
    Party, said she is speaking on behalf of their members regarding the issue of sustainable
    development and livable communities. She said the politics of sustainability is a scheme
    to demonize mankind and convince people they need to give up their liberties. The
    principle idea of sustainability is to manage population, which should not be controlled
    by local government. She asked Council to reject the HUD grant and reject membership
    in ICLEI.
    Mr. Jack Marshall, 3570 Brinnington Rd., President of Advocates for a
    Sustainable Albemarle Population (ASAP), said he was here to denounce the claims of
    the Jefferson Area Tea Party. The notion of sustainability simply means leaving future
    generations a livable environment.
    3
    Mr. Scott Bandy, 1639 Cherry Ave., said the water supply plan should have been
    put before the people in a referendum. He thanked Council for their action on the
    pumping station. He asked Council not to back-peddle on their support of the Woolen
    Mills neighborhood.
    Mr. James Halfaday, 2423 Sunset Rd., thanked the Councilors who voted no on
    the temporary Belmont Bridge fence. He said the City could have spent money on more
    important things, like protecting residents against sexual offenders or funding salaries for
    police officers.
    Ms. Colette Hall, 101 Robertson Ln., asked why the Parks and Recreation
    Advisory Board is asking for authorization on plans for East McIntire Park before the
    case has been settled in court.
    Ms. Rebecca Quinn, 104 4th St., said RWSA staff expected to have the HDR RFP
    for dredging ready by late June. Getting an RFP prepared is a significant step, but
    Council must stay in the game to keep the ball rolling on dredging. She requested the
    City be involved in finalizing the RFP before it is published. Do not let Rivanna dismiss
    maintaining South Fork Reservoir. Ensure dredging is part of the cost share and land use
    agreement, and assure there will be a committee with citizen representatives to review the
    RFP and proposals.
    Ms. Dede Smith, 2652 Jefferson Park Cir., distributed information on utility rates.
    She said Charlottesville is an outlier in water rates according to a study by University of
    Virginia students. We need to think of a way to bring this down in the future.
    Ms. Laura Covert, 1809 E. Market St., said she received the dam inundation letter
    from RWSA, which informed her that she is in the new dam inundation zone. This
    brings up a number of questions for her that were unanswered by the letter. The letter
    directs residents to a map that is not posted online. She asked who would require RWSA
    to maintain the proposed new earthen dam, and whether they are going to wait until they
    are required to maintain it before they do so. She wants to be reassured by someone other
    than RWSA that this will happen. She requested a public hearing on this issue on behalf
    of her neighbors to answer the questions this letter poses.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Mr. Huja agreed with Mr. Long about the public transit system. The City does
    study the transit system to see if they can do a better job, and we will continue to work on
    this in the future.
    Ms. Szakos said Mr. Long made an important point about making transportation
    available to the new Martha Jefferson Hospital location, but we should not subtract from
    current services to do so. She said it concerned her that Ms. Thorpe interpreted the word
    4
    “sustainable” to mean a number of scary things, and she does not believe that
    sustainability can be interpreted as evil. We have a lot to learn from other parts of the
    world, and she said she is eager to see what comes from the planning process. To Mr.
    Bandy, the current water system plan was neither rash nor without abundant public input.
    She said she agreed with Ms. Quinn and liked the idea of including citizen
    representatives to maintain accountability as part of the process. Dredging is a part of
    deferred maintenance that we should continue doing. She said the letter Ms. Covert
    received was startling, and she looks forward to learning exactly what the plans are for
    residents in the inundation zone.
    Dr. Brown responded to Ms. Thorpe and said there are many checks and balances
    with representatives from a variety of community organizations. Sustainability is not an
    attempt of the government to make a change, but for the community to decrease their
    footprint on the environment. He questioned where does the Tea Party’s sense of dread
    comes from and believes it is misplaced. He thanked Mr. Beyer for his comments.
    Urban density is part of sustainability and curtails sprawl. In response to Mr. Collins, he
    questioned why Council is being asked to push for an injunction when that is the court’s
    responsibility. He said dredging and building a dam are not equal choices. Dredging
    fully produces about a fifth as much water as building a new dam can. The issue returns
    to the question of how much water we need.
    Mr. Norris thanked Mr. Beyer for raising important points. Whereas the Planning
    Commission has legal authority on some points, Council is obligated to consider a variety
    of factors surrounding certain recommendations, and we will do just that. He thanked
    Ms. Quinn and endorsed the idea of having citizen representatives on a committee. He
    said the public forum Ms. Colvert suggested would be helpful. The public should have
    an opportunity to comment and question on the flood inundation letter. He said Council
    welcomes the input of the Jefferson Area Tea Party, and they make some valid
    observations and critiques about policies in this country related to spending and debt.
    However, he said he was very disappointed it its embrace of extreme conspiracy theories.
    He said he is involved directly in ICLEA, and they are far from the shadowy international
    organization that some in the local Tea Party make them out to be. Organizations like
    ICLEA are actually promoting some core conservative values.
    Ms. Edwards said it was good hearing from Mr. Long, Ms. Salidis, Mr. Beyer,
    and Mr. Collins. She echoed that she would like to see staff address Ms. Colvert’s
    concerns. She also said she received a letter from the kindergarteners of Clark
    Elementary School, and she read it aloud. She invited Ms. Cindy Cartwright, a teacher
    from Clark and Johnson Elementary Schools. Classes drafted a letter requesting a new
    sign prohibiting dogs in school areas. They also submitted an illustrated suggestion for a
    new sign.
    Mr. Huja said he supports the childrens’ efforts. He also said the city and county
    should be working together on sustainability.
    5
    Ms. Edwards asked staff what next steps will be on the dog issue Ms.
    Cartwright’s class brought forward. Mr. Jones said staff has begun work on addressing
    the issue and will follow up with Council and the schools. Ms. Edwards thanked the
    students at Clark for initiating this project.
    CONSENT AGENDA
    Mr. Norris offered clarification on item j, the 14 and Under Helmet Ordinance.
    The ordinance is limited to children 14 and under because the Commonwealth of Virginia
    does not allow the City to require helmets for citizens over age 14.
    On motion by Ms. Szakos, seconded by Mr. Huja, the following consent agenda
    items were approved: (Ayes: Mr. Huja, Ms. Edwards, Dr. Brown, Mr. Norris, Ms.
    Szakos; Noes: None.)
    a. Minutes of May 16
    b. APPROPRIATION: $187,500 – Market Street Parking Garage - Replacement
    of PARC Equipment (2nd reading)
    c. APPROPRIATION: $23,000 – 2010 State Homeland Security Program Grant
    (Hazmat) (2nd reading)
    d. APPROPRIATION: $119,000 – Grant – Azalea Park Storm Water Wetland
    Project (carried)
    e. APPROPRIATION: $386,000 – Charlottesville High School Solar Power
    System – Appropriation of Grant Funds and Local Cash
    Match (carried)
    f. APPROPRIATION: Approval and Appropriation of CDBG & HOME funds
    for FY 2011-2012 (carried)
    g. APPROPRIATION: $751,016 – Amendments to FY 2012 Adopted City
    Schools General Fund and Grant & Other Governmental
    Funds Budget (carried)
    h. APPROPRIATION: $3,000 – Player for Life Grant from the US Gold
    Association (carried)
    i. RESOLUTION: Transfer of Funds to CATEC-VDOT Land Take Funds -
    $120,086.13
    j. ORDINANCE: 14 and Under Helmet Ordinance (2nd reading)
    k. ORDINANCE: Street Closure – Closing of a portion of Seminole Court
    (carried)
    l. ORDINANCE: Zoning Text Amendment – Assisted Living Facilities
    (carried)
    m. ORDINANCE: Sunrise Park PUD (carried)
    n. ORDINANCE: Homeowner Tax Relief Grant (2011) (carried)
    6
    PUBLIC HEARING/RESOLUTION: DISCOVERY MUSEUM CAROUSEL LEASE
    Mr. Tolbert gave Council an overview of the topic. Terms of the lease remain the
    same as in the past.
    The public hearing was opened.
    Having no speakers, the public hearing was closed.
    On motion by Mr. Huja, seconded by Ms. Edwards, the resolution passed
    unanimously. (Ayes: Dr. Brown, Ms. Edwards, Mr. Norris, Ms. Szakos, Mr. Huja; Noes:
    None.)
    REPORT/RESOLUTION: MCINTIRE PARK MASTER PLAN AMENDMENT
    (WEST)
    Mr. Daly presented to Council. He discussed changes since the May 2008 plan.
    The Parks and Recreation Advisory Board approved Option 1, which would retain the
    softball fields.
    Mr. Huja said he thinks we should follow the recommendation of the Advisory
    Board.
    Dr. Brown said most people who use the softball fields are not City residents, and
    they are almost entirely used by adults. Rectangular fields are used more by children. He
    prefers this be converted to a rectangular field.
    Ms. Szakos said if we did not have clear evidence that our greater community has
    a shortage of both rectangular and diamond fields, she would feel differently, but to take
    away from one group that does not have enough fields and give it to another group who
    does not have enough fields does not seem fair.
    Ms. Edwards said she remains opposed to the YMCA being in the park in the first
    place, and Option 1 is simply the lesser of two evils. She believes there is a growing
    interest in softball, but she wonders which would be best for children of our community,
    and who would be best served. She asked for a sincere effort to do outreach in
    underserved neighborhoods.
    Mr. Norris agreed with Mr. Huja and Ms. Szakos. We should be working
    collaboratively to find additional field space for all users. Option 2 would be an
    extremely costly proposition, at a minimum of $1 million.
    Mr. Huja said Council approved turf fields for high school, which helps with the
    balance.
    7
    On motion by Mr. Huja, seconded by Ms. Szakos, the motion passed. (Ayes: Ms.
    Edwards, Mr. Norris, Ms. Szakos, Mr. Huja; Noes: Dr. Brown.)
    REPORT/RESOLUTION: MCINTIRE PARK MASTER PLAN AUTHORIZATION
    (EAST)
    Mr. Daly presented to Council. There have been a significant number of citizen
    groups who want to begin planning on the east side of the park. As required by the
    process, the Parks and Recreation Advisory Board recommended to Council that we
    begin a process for planning the eastern side of the park. A draft schedule is included in
    Council’s materials. The first public meeting in a series of meetings will be held in the
    middle of July.
    Mr. Norris clarified that staff is not asking Council to approve a master plan, but
    rather to approve beginning the process. Mr. Daly confirmed this. Mr. Norris asked if he
    saw value in conducting a master plan even if there is a court injunction on the parkway
    months from now. Mr. Daly said yes. Of all the parks in our system, this is the largest
    piece of land that is used the least. The community deserves a master plan for this park.
    It is not a design, but rather a decision about land use.
    Dr. Brown asked how staff anticipates that the City would handle the key question
    of the current use of the park as a golf course, which takes up almost all the space, versus
    a purposed community use, such as a botanical garden, which also takes up a big area.
    Mr. Daly said the outcome will likely be a balance between the uses. There may be a
    consensus, but the process is designed to discuss all options. Staff will walk through a
    presentation at the first meeting discussing options, restraints, etc. He explained the
    process following the first meeting, including a series of public meetings. Dr. Brown
    asked if the First Tee program is dependent on park space. Mr. Daly said that currently
    McIntire Park makes a large difference for First Tee and helps them meet their program
    goals. Dr. Brown asked how many First Tee participants are City residents. Mr. Daly
    said 25-30%. Dr. Brown said we need to engage larger part of the community on using
    that space. Mr. Norris clarified that McIntire is supplemental to Meadowcreek. Mr. Daly
    confirmed this.
    Mr. Huja asked if Meadowcreek can accommodate First Tee. Mr. Daly said it
    would be a challenge.
    Ms. Edwards said this process should be public and agreed with Ms. Colette Hall
    that the process should be mindful of the pending court case. Ms. Szakos agreed and said
    as it is currently scheduled, there should be time in the process for the court case to play
    out.
    Dr. Brown said staff may want to engage a professional consultant at some stage.
    Mr. Daly said after the first couple of meetings, we will see where we stand and will
    engage a local architecture firm to assist in graphic renderings.
    8
    On motion by Ms. Szakos, seconded by Mr. Huja, the resolution to initiate
    planning was approved. (Ayes: Dr. Brown, Mr. Norris; Mr. Huja, Ms. Szakos; Noes: Ms.
    Edwards.)
    REPORT/ORDINANCE: UTILITY RATES (carried)
    Mr. Wray presented to Council. He reviewed the presentation given at the May
    16th meeting, the proposed rate increases for water and sewer, and the decrease for gas
    rates. The ACSA not had increases over the last few years because they have three
    reserve accounts, and they have used those reserves to buy down rates. Their rates would
    be up 17% for the average customer if they had not used reserves.
    Ms. Szakos asked Mr. Wray to comment on the chart Ms. Dede Smith provided to
    Council comparing water rates across various cities.
    Ms. Edwards said she is concerned that we need to raise fees at all, especially
    with calls Council has received over the past three to five years. The inability to pay
    utility bills is a big reason people struggle, even when they move into Section 8 housing.
    Mr. Wray said we have budgeted relief funds for this purpose.
    Mr. Norris said he agreed with Ms. Edwards. He has no problem with using the
    Rate Stabilization fund to offset the cost, but he said he is concerned with what is
    happening with rates and how we can upgrade our sewer system without having to raise
    rates. Mr. Norris requested three separate votes on the three rates. He said he supports
    gas and sewer rates, but he does not support water rate.
    Ms. Szakos said we need to support what Council has agreed to do by voting for
    sufficient water rates.
    Dr. Brown said he does not support splitting the vote into three parts.
    On motion by Dr. Brown, seconded by Ms. Szakos, the motion carried to the next
    meeting.
    REPORT: CHARLOTTESVILLE YOUTH INTERNSHIP PROGRAM (CYIP)
    Ms. Heather Kellams presented to Council. Currently, 243 youth have been
    interviewed for the program. Funding will provide for 190 youth positions in the
    program this summer. Staff hopes to expand the program to 250 participants next
    summer. There are up to 200 spaces open for youth, with an additional 55 sites since last
    year. The program runs from June 27th until August 5th.
    9
    Mr. Huja asked for an update on Council’s request to start a bank account for each
    youth participant so they can learn to manage their money. Ms. Kellams said the
    program has started this process. Banks have also participated in satellite banking, where
    banks come to the school to set up accounts for students on-site.
    Ms. Kellams shared a video with Council on the CAYIP.
    MCINTIRE ROAD EXTENDED: NEXT STEPS
    Mr. Norris asked Mr. Tolbert to explain next steps on the McIntire Extended
    project to Council. Mr. Tolbert said VDOT officials obtained a permit for the
    interchange project, and the McIntire project was extended as of Friday. Work on the
    project is expected to begin within two weeks.
    Mr. Norris asked him to comment on Mr. Rich Collins’ concerns. Mr. Brown
    said a scheduling order has been entered by the judge, which sets the parameters for how
    the case will play out from here. It does not establish a definite date for when the ruling
    will come. If everything goes as scheduled, it is reasonable to expect a decision before
    the end of this year.
    Mr. Norris asked Mr. Tolbert how much work would be completed by the end of
    this year, in terms of the immediate future of this project. Mr. Tolbert said they will start
    on the Melbourne side of the project, and earth moving and tree removal will begin
    immediately.
    Dr. Brown asked why a legal injunction has not been served. Mr. Brown said
    Council did not approve a previous resolution because the project would have had time to
    seek a preliminary injunction.
    Mr. Rich Collins said that because it was a federal suit, plaintiffs had to wait for
    federal action before they could take action. Mr. Brown said there had to be a
    determination from federal highways prior to filing suit.
    Mr. Huja said we have been talking about this parkway for 45 years. We have
    gone through all the processes, and there is no reason to stop now.
    Ms. Szakos said she supports moving forward because we gave a chance for this
    lawsuit to be filed and a preliminary injunction to be sought, and we do not need Council
    to do this for the court.
    Dr. Brown said he agrees with Ms. Szakos.
    Ms. Edwards said we have waited 45 years, and she does not see the harm in
    waiting another six months. Mr. Norris said he believes it is worth it to wait, but
    consensus among Council is to move forward.
    10
    BIKES AND PEDESTRIAN ACCESS TO MCINTIRE ROAD
    Mr. Huja met last week with the City Attorney and VDOT and determined that
    bikes and pedestrians would be permitted to use the county portion of the McIntire Road
    project. Access will start in July.
    BEST BUY RAMPS / 250 INTERCHANGE (9:34)
    The Best Buy Ramp/250 Interchange project is supported by both city and county
    funds. VDOT may be able to find money to complete this project using state funds.
    There is a request for staff to ask VDOT to find the funds on their own and get the project
    going as soon as possible. Staff will include a condition that the City will be permitted
    substantial involvement in the design process.
    Mr. Tolbert said at any point, staff can cancel the project if it does not suit the
    City’s needs, but we would have to reimburse money spent on design.
    On motion by Mr. Huja, seconded by Dr. Brown, a motion to write a letter to
    VDOT requesting funding passed. (Ayes: Mr. Huja, Dr. Brown, Ms. Edwards, Mr.
    Norris, Ms. Szakos; Noes: None.)
    MATTERS BY THE PUBLIC
    Mr. Peter Kleeman, 407 Hedge St., said Council has experienced many of the
    issues of infrastructure development that is essential to have before you in making
    decisions. A judge would also have to have this substantial amount of information before
    he is able to make an injunction. The FHA is not providing the administrative record to
    the courts until June 30th. It is unreasonable to expect that plaintiffs could obtain an
    injunction without this information.
    Mr. James Halfaday, 2423 Sunset Rd., said Ms. Szakos is not putting residents
    first when she suggested taking low construction costs into consideration when deciding
    whether to move forward on certain projects.
    Ms. Colette Hall, 101 Robertson Ln., said when you think of the MRE and the
    county’s portion, there was an agreement between VDOT and the City several years ago
    that the entire Meadowcreek Parkway from Rio Rd. East to the 250 Bypass would not be
    opened until the three pieces of it were completed. The agreement should be honored.
    The meeting was adjourned.
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Monday, June 20, 2011, AT 6:00 p.m. IN THE Second Floor Conference
    Room.
    THE PROPOSED AGENDA IS AS FOLLOWS:
    Closed session as provided by Section 2.2-3712 of the Virginia Code
    BY ORDER OF THE MAYOR BY Paige Barfield
    SECOND FLOOR CONFERENCE ROOM – June 20, 2011
    Council met in special session on this date with the following members present:
    Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos.
    On motion by Dr. Brown, seconded by Mr. Huja, Council voted (Ayes: Dr.
    Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos. Noes: None) to meet in closed
    session pursuant to section 2.2-3712 of the Virginia Code, (1) For consultation with legal
    counsel regarding the negotiation of the terms and conditions of a community water
    supply cost sharing agreement with the Albemarle County Service Authority, as
    authorized by Virginia Code sec. 2.2-3711 (A) (7); and, (2) For discussion and
    consideration of prospective candidates for appointment to City boards and commissions,
    and for the annual performance review of the Clerk of City Council, as authorized by
    Virginia Code sec. 2.2-3711 (A) (1)
    On motion by Dr. Brown, seconded by Ms. Edwards, Council certified by the
    following vote, (Ayes: Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos.
    Noes: None), that to the best of each Council Member's knowledge, only public business
    matters lawfully exempted from the open meeting requirements of the Virginia Freedom
    of Information Act and identified in the motion convening the closed session were heard,
    discussed or considered in the closed session.
    COUNCIL CHAMBERS – June 20, 2011
    Council met in regular session on this date with the following members present:
    Mr. Norris, Ms. Edwards, Dr. Brown, Mr. Huja, Ms. Szakos.
    ANNOUNCEMENTS
    Mr. Norris read a letter of thanks from Pastor Elizabeth Foss of Wesley Memorial
    regarding Chief Tim Longo’s service to the community.
    Mr. Norris recognized the History Resources Committee for their work. He
    recognized Ms. Melanie Miller and read a portion of the resolution.
    2
    Mr. Huja announced the Community Band Festival on Saturday, July 2nd at the
    Charlottesville Pavilion from 10:00 a.m. until 8:00 p.m.
    Ms. Szakos announced Free Swim Days in Washington Park, every Saturday
    evening starting June 25th from 5:30 p.m. to 7:30 p.m.
    Dr. Brown said the 4th of July ceremony at Monticello is a wonderful annual event
    that citizens should attend.
    Mr. Norris welcomed a group of women in government leaders from Afghanistan
    who were present at the meeting. He also noted the U.S. Conference of Mayors endorsed
    a resolution calling for a speedy end to military entanglements abroad.
    MATTERS BY THE PUBLIC
    Mr. Brandon Collins, 536 Meade Ave., thanked Mr. Norris for signing on to the
    Mayors for Peace resolution and asked for follow-through with action. He asked
    Council to wait to move on the parkway until after rulings from lawsuits come through.
    Mr. James Halfaday, 2423 Sunset Rd., said we need to fix Belmont Bridge for
    residents and small businesses in the Belmont area. Trees are not properly maintained.
    Snow will break the fence this winter when it is plowed. Pedestrian safety is an issue.
    Ms. Colette Hall, 101 Robertson Ln., asked why City rate payers are paying more
    while customers of the Albemarle Service Authority will not. She asked Council to pull
    item m on the consent agenda regarding utility rates for further discussion on the rate
    increases. She asked for clarification on report five of the agenda on whether the
    resolution was for a purchase of lots for Habitat for Humanity, or a purchase of lots from
    Habitat for Humanity.
    Mr. Michael Farabaugh, 24 Roslyn Height Rd., asked Council to vote against the
    bypass. It is not actually a bypass, it will not fix traffic problems, and it is costing the
    City money because of the real estate that has been sitting idle without collecting
    property taxes.
    Mr. Bob Fenwick, 901 E. Jefferson St., asked the City Manager for an update on
    the status of the RFP for Dredging the Rivanna River. He asked who was paying for the
    new dam. He said his water bill has increased by 200% in eight years and said citizens,
    especially those on fixed incomes, cannot keep up with such increases. He asked Council
    to insist on showing where the money for the water plan is coming from before voting on
    further increases.
    Mr. Stratton Salidis, 704 B Graves St., said building for people instead of cars is a
    good thing, and he is pleased Council seems to agree. Building the parkway will help
    3
    build more sprawl. People will ask to widen the parkway almost as soon as it is built.
    Subsidize walking, biking and transit instead.
    Mr. Scott Beyer, 2556 Summitt Ridge Trail, said much of what contributed to
    America’s renaissance was the rededication of local governments to widescale urban
    projects. These projects have lured people back from the suburbs into the cities.
    Beautification projects often get criticized by budget hawks, but they ignore the vast
    economic returns that can result from urban beautification. He encouraged the City to
    have ambitious goals for McIntire Park East. Balance natural landscapes with human
    creativity; it should no longer be a golf course.
    Mr. Tom Olivier, 4632 Green Creek Rd., of Schuyler, Virginia, said he opposes
    construction of the US 29 Bypass. It risks the water supply, exposes six schools worth of
    children to elevated motor vehicle operations, disturbs neighborhoods, and will not
    address local congestion. The June 8th vote of the Albemarle Supervisors was
    accomplished in a manner that limited public scrutiny. The Piedmont Group of the Sierra
    Club urged Council to direct the MPO not to support construction of a Route 29 Bypass.
    Mr. Jeff Werner, 212 Wine St., said he was speaking on behalf of the Piedmont
    Environmental Council. Regarding the June 8th county vote to reverse their opposition to
    the Bypass, they said the Secretary of Transportation offered to fund the bypass. Funding
    for the project would come from reallocating the money from other projects. Council
    should oppose the bypass and thoroughly evaluate all the facts before casting a vote at the
    MPO.
    Mr. Morgan Butler, 201 W. Main St., with Southern Environmental Law Center,
    said the Route 29 project will not effectively reduce traffic, and will adversely impact
    area schools and damage neighborhoods. Instead, create a better network of parallel
    roads and make improvements to existing intersections. Vote to uphold the MPO’s
    opposition to the Bypass.
    Ms. Rebecca Quinn, 104 4th St. NE, asked if there will be a public meeting or
    hearing on the water plan cost share agreements. She asked if a citizen representative
    committee request has been submitted to Rivanna. She requested that a member of DCR
    attend the public meetings on the dam inundation zone maps.
    Ms. Martha Wilhelm, 100 Roslyn Heights Rd., commended Council for allowing
    the Route 29 Bypass to be addressed in an open forum. She asked Council to act on the
    wishes of those constituents who say no to squandering limited transportation funds on a
    project that has been concluded to be ineffective and obsolete and should not be built.
    Support using funds for genuine improvements instead.
    4
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Ms. Szakos said she supported citizens speaking on the Bypass. To Mr. Halfaday,
    building the Belmont Bridge was one of the things on our list of priorities that did not get
    funded. She said she agreed with Mr. Beyer that urban beautification is hugely important
    although she is not sure the park is something we need to build over. She would also like
    to see reports on the dredging study.
    Mr. Jones said the RFP for dredging is on the agenda for the next RWSA Board
    Meeting. There will be a public hearing on the cost share agreement, which is yet to be
    scheduled. Staff has asked for a public meeting held by Rivanna to answer any questions
    concerning the inundation zone.
    Ms. Edwards asked if DCR can attend the public meeting. Mr. Jones said we will
    extend them an invitation. She asked for an answer to Ms. Hall’s question about the
    utility rates. Mr. Jones said connection fee revenues offset potential increases for the
    county, which would have been about 17%. She said Mr. Farabaugh did a fine job
    speaking and should be inspired to continue to provide comment at other public meetings.
    Dr. Brown said he agreed that Mr. Farabaugh did a good job speaking. He said to
    Mr. Fenwick that dredging and building the dam are not comparable. A dam provides a
    lot more water. Fully dredging gives us about fifteen days of storage, and that is not a lot
    when looking at past needs.
    Mr. Huja commended Mr. Beyer for his comments on beautification. He agreed
    with his comments on sculpture and landscaping.
    On motion by Dr. Brown, seconded by Mr. Huja, the following applicants were
    appointed: to CDBG Fifeville Task Force: Antonia Lolordo, Tate Huffman, Missy
    Wernstrom. To the Vendor Appeals Board: Jennifer McKeever and Aristea Vlavianos.
    To the CACVB, Kirby Hutto. (Ayes: Dr. Brown, Mr. Huja, Ms. Edwards, Mr. Norris,
    Ms. Szakos; Noes: None.)
    CONSENT AGENDA
    Mr. Huja asked who will implement the promise neighborhood matching grants.
    Ms. Szakos said this was a contract through Children Youth and Family Services.
    Ms. Edwards and Mr. Norris said they do not support the increase in utility rates.
    On motion by Dr. Brown, seconded by Ms. Szakos, the following consent agenda
    items were approved with the exceptions noted above: (Ayes: Mr. Huja, Ms. Edwards,
    Dr. Brown, Mr. Norris, Ms. Szakos; Noes: None.)
    5
    a. Minutes of June 6
    b. APPROPRIATION: $119,000 – Grant – Azalea Park Storm Water Wetland
    Project (2nd reading)
    c. APPROPRIATION: $386,000 – Charlottesville High School Solar Power
    System – Appropriation of Grant Funds and Local Cash
    Match (2nd reading)
    d. APPROPRIATION: Approval and Appropriation of CDBG & HOME funds
    for FY 2011-2012 (2nd reading)
    e. APPROPRIATION: $751,016 – Amendments to FY 2012 Adopted City
    Schools General Fund and Grant & Other Governmental
    Funds Budget (2nd reading)
    f. APPROPRIATION: $3,000 – Player for Life Grant from the US Golf
    Association (2nd reading)
    g. RESOLUTION: Historic Resources Committee – Appointment of
    Members and Acceptance of New Rules of Procedure
    h. RESOLUTION: Acceptance of Street in St. Charles Subdivision
    i. RESOLUTION: Public Infrastructure Maintenance Bonds
    j. RESOLUTION: Irrevocable Election Not to Participate in Line of Duty
    Act Fund
    k. RESOLUTION: Reimbursement of City Employee Legal Fees
    l. RESOLUTION: Promise Neighborhood Matching Grant – $50,000
    m. ORDINANCE: Utility Rates (2nd
    reading)
    n. ORDINANCE: Street Closure – Closing of a portion of Seminole Court
    (2nd reading)
    o. ORDINANCE: Zoning Text Amendment – Assisted Living Facilities
    (2nd of 2 readings)
    p. ORDINANCE: Sunrise Park PUD (2nd
    of 2 readings)
    q. ORDINANCE: Homeowner Tax Relief Grant (2011) (2nd
    of 2 readings)
    PUBLIC HEARING/ORDINANCE: TEMPORARY MOVE OF CARVER
    PRECINCT (carried)
    Ms. Sherri Iachetta presented to Council. The City cannot use Jefferson School
    because of renovations. She reviewed the alternate locations that were considered. The
    proposed location is the Virginia Institute of Autism, and it is a convenient location for
    many reasons. The Electoral Board met on June 7th and recommended passing the
    ordinance.
    Mr. Norris asked if there will be adequate signage due to the lack of visual sight
    from Rose Hill Dr., and Ms. Iachetta said there will be. Mr. Huja said this is an isolated
    location, and he wants generous signage. Ms. Iachetta said staff will post signage off the
    250 Bypass and off Rose Hill Dr. Staff is also promoting the new location through
    mailings and picnics.
    6
    Dr. Brown asked about pedestrians and said we need to make it easy for
    pedestrians to travel to the alternate location. Ms. Szakos asked about buses to provide
    transportation for people who report to the old location. Ms. Iachetta said this will be an
    issue City-wide because of recent precinct changes. Mr. Jones said we can look into
    options for transit if Council wishes.
    Mr. Huja asked for maps to be included in the mailing of new voter cards. Mr.
    Norris said he wants to see staff ideas for providing transit to voters City-wide. He asked
    if the construction near the School of Autism was on track. Mr. Tolbert said it was. Mr.
    Jones said the site can be cleared for Election Day, regardless of the construction
    schedule.
    The public hearing was opened.
    Having no speakers, the public hearing was closed.
    On motion by Ms. Szakos, seconded by Mr. Huja, the motion carried to the next
    meeting.
    PUBLIC HEARING: TRANSFER OF PROPERTY ON ELLIOTT AVENUE
    (deferred)
    Ms. Kathy McHugh presented to Council.
    Mr. Tolbert said this is a public hearing, but due to an advertising error, sufficient
    notice of public hearing was not given. Council can choose to pass this on a first reading,
    but a second public hearing should be scheduled for the second reading.
    The public hearing was opened.
    Mr. Dan Rosensweig, 740 Lexington Ave., Exec. Director of Habitat for
    Humanity, thanked Council for considering the matter. This opportunity has enormous
    potential for the City and the future of mixed income housing. Please approve the
    conveyance of this property, which provides affordable housing in a mixed income
    development. It is a small investment for the City, with large returns.
    Mr. L. Paul Koch, 101 Burnet St., thanked Mr. Tolbert and his staff for sending
    out notification on this item. He thanked Southern Development for reaching out to
    Burnett Commons and soliciting the neighborhood’s input. He said he supports the
    development of this parcel contingent on continuing engagement with Burnett Commons
    and the surrounding neighborhood, and an adequate study and solution to traffic
    concerns.
    Mr. Blake Caravati said this is good work with some further changes. On June 7,
    he saw the For Sale sign on the property, then received a notice of the sale on June 9.
    7
    This lacked transparency, because the property seemed to have been under negotiation by
    staff and Council for at least six months. He asked Council to delay the sale and advertise
    it in a normal manner so other developers would have the opportunity to pay the City
    money for this property.
    Having no further speakers, the public hearing was closed.
    Mr. Norris asked Mr. Tolbert to address Mr. Caravati’s concerns. Mr. Tolbert said
    this is a unique situation because of the partnership between Habitat and Southern
    Development and the impact it has on surrounding properties.
    Mr. Huja asked what the total area and assessed value of the 3 parcels are. The
    property under consideration tonight is assessed at $90-100,000, conditional on the
    amount of work that needs to be done to it. Altogether, there is about $180,000 worth of
    land with significant cost to remediate land issues. Mr. Huja said he is not in favor of
    having a first reading tonight.
    Dr. Brown asked if there were anything that would ensure affordability beyond
    the initial purchase. Mr. Tolbert said we do not have a method to regulate that at this
    point unless we put something in the deed.
    Mr. Norris said this is a very creative, positive idea and proposal for development
    of this site. The buy-in from neighborhoods on all sides is remarkable.
    Ms. Edwards agreed that it should be deferred for a first reading at the next
    Council meeting. Mr. Norris said we will do another public hearing at our next meeting
    with a first reading at that time.
    REPORT/RESOLUTION: SECTION 3 PLAN AND POLICY
    Mr. Tolbert presented to Council. Section 3 is intended to ensure that training,
    employment and contracting and other economic activities generated by HUD to the
    greatest extent possible will be directed to low and moderate income recipients. Staff
    believes more can be done to assist individuals with low income. Staff is anxious to
    move forward because of potential redevelopment contracts through CRHA. We can fully
    staff this with existing CDBG administrative staff and CRHA money.
    Ms. Szakos thanked Ms. Edwards for supporting Section 3. Her support is largely
    why Council is considering this report.
    Mr. Huja said he supports the idea of Section 3, but he is concerned about the
    staffing position. He said it bothers him that it is supplemented by CHF funds, and we
    may need more staffing. Mr. Tolbert agreed that it was a limiting factor.
    8
    Ms. Edwards appreciated the work that has gone into this project. She thanked
    Ms. McHugh for her research. This is a long time coming, and she said she was pleased
    to see it on the agenda now. This is an opportunity to create jobs, which is an area we
    have been lacking in the past.
    Mr. Norris said he wished there were more we could do in terms of incorporating
    the same kinds of goals into our own projects. Mr. Tolbert said having a staff member
    focused on this will be helpful.
    On motion by Ms. Edwards, seconded by Mr. Huja, the resolution was approved.
    (Ayes: Dr. Brown, Mr. Norris; Mr. Huja, Ms. Szakos, Ms. Edwards; Noes: None.)
    REPORT/RESOLUTION: ALLOCATION OF CHF DOLLARS FOR PURCHASE OF
    LOTS - $690,000
    Mr. Tolbert presented to Council. We are buying the lots from Habitat, not for
    Habitat, as a point of clarification. This addresses the idea of allowing disabled citizens
    to live in a true housing environment. Staff wants to build four townhouse units and deed
    two of them to Region 10. One would be kept as a transitional unit for CRHA
    redevelopment purposes. Staff seeks Council’s authorization to purchase the land and
    proceed with the proposal.
    Ms. Szakos said for all the members of Charlottesville who are members of
    IMPACT, this is going above and beyond. It is hugely needed in Charlottesville.
    On motion by Ms. Szakos, seconded by Ms. Edwards, the resolution passed.
    (Ayes: Dr. Brown, Mr. Norris, Ms. Edwards, Ms. Szakos, Mr. Huja. Noes: None.)
    REPORT: ROUTE 29 BYPASS
    Mr. Tolbert presented to Council. Approval of the Route 29 Bypass would require
    two hearings of the MPO. Council will have the opportunity to discuss this again after
    the first of the two meetings of the MPO. Council may want to negotiate other items as
    part of the process.
    Mr. Norris asked if this money would be reallocated from other projects. Mr.
    Steve Williams of the Thomas Jefferson Planning District Commission said he was not
    sure what projects this would take money from. Mr. Norris asked if there are advantages
    to other cities if the bypass were built. Mr. Williams said he could not say. Mr. Norris
    asked what the projected percentage of through drivers on the impacted stretch of Route
    29 was. Mr. Williams said it counted for 10-15% of total traffic volume. Traffic studies
    have not computed how much time this bypass would save those travellers on their
    commute. Mr. Norris said there were a series of transportation projects outlined in
    sequential order by the City, but this bypass was at the end of the list.
    9
    Dr. Brown asked if this is a parallel road instead of a bypass. Mr. Williams said
    there are no access points between Hollymead and Leonard W. Sandridge Road.
    Mr. Huja said the process by which this decision has been made seems unfair. Ms.
    Szakos said this seems like a strange way to force this on our area, because the state is
    giving us money we have not had in the past on the condition that we do the project they
    want us to do.
    Dr. Brown said the process the County chose to follow for doing business on this
    was embarrassing. However, he sees that this may benefit the City, and he does not think
    Council has a say on this one way or another.
    Ms. Edwards said she is disappointed in the Board of Supervisors and the
    direction they have taken this. Also, it puts the City in such a position that it does not
    matter what we think. She said there is no point in having this discussion further, and she
    washes her hands of it.
    Ms. Szakos encouraged people to attend the public hearings July 14 and July 27 at
    Lane Public High School at 4pm and speak out about this issue.
    Ms. Szakos moved that Council instruct the MPO representatives to oppose the
    motion if there is a vote at the next MPO meeting. Dr. Brown seconded the motion.
    Motion carried with Mr. Huja abstaining from voting.
    REPORT: BELMONT BRIDGE UPDATE
    Ms. Janiczek presented to Council. She outlined the process for planning for the
    new bridge and design plans to date.
    Mr. Norris asked if design details are forthcoming. Ms. Janiczek said they are.
    Mr. Norris asked staff to incorporate greenery and plantings.
    Ms. Szakos said mitigation of sound from the Pavilion should be kept in
    consideration.
    Mr. Huja said the railroad company may offer money to build a higher bridge so
    they can get taller trains through.
    REPORT: DIALOGUE ON RACE ECONOMIC WORKGROUP MINORITY
    BUSINESS FOLLOW-UP
    Mr. Walter Davis presented to Council, outlining the findings of a survey the
    workgroup conducted. Ms. Alice Anderson gave an overview of the Minority Business
    Summit on May 23.
    Ms. Szakos praised the workshop. Dr. Brown said staff could create something
    more regional for a bigger impact. Mr. Norris thanked the workgroup for their efforts
    and said Council will support them in the future.
    MATTERS BY THE PUBLIC
    Ms. Rebecca Quinn said women-owned businesses are also grouped in with
    minority owned businesses, and we should consider them when leveraging funding from
    the state. She said Dr. Brown should look at the whole system before quoting numbers
    on water supply. This is a very complex situation, but gallon for gallon dollar cost is not
    the way to go because the system is dynamic. You do not get anything but air if you
    build a dam until you build a pipeline. The cost of operating and maintaining an uphill
    pipeline must also be considered.
    Ms. Dede Smith, 2652 Jefferson Park Cir., said to simplify this as dredging versus
    building a new dam is a misinterpretation. To compare dredging to a new dam ignores
    the fact that fully half the water capacity added at Ragged Mountain is to compensate for
    the loss of water at South Fork. We will lose our draught protection, which we have paid
    for, if we lose the water at South Fork. Dredging and maintaining South Fork provides
    80-90% of the water that building a dam provides.
    Mr. Halfaday said he agrees that pedestrian access to both sides is the most
    important aspect of the Belmont Bridge. He asked Council to tear down the fence.
    Mr. Scott Bandy, 1639 Cherry Ave., asked if the interchange at Best Buy would
    be reconfigured if the 29 Bypass does not get built.
    COUNCIL RESPONSE
    Mr. Huja said Council determined work would be done on the Best Buy ramp at
    the last Council meeting.
    The meeting was adjourned.
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Monday, June 20, 2011, AT 6:00 p.m. IN THE Second Floor Conference
    Room.
    THE PROPOSED AGENDA IS AS FOLLOWS:
    Closed session as provided by Section 2.2-3712 of the Virginia Code
    BY ORDER OF THE MAYOR BY Paige Barfield
    SECOND FLOOR CONFERENCE ROOM – June 20, 2011
    Council met in special session on this date with the following members present:
    Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos.
    On motion by Dr. Brown, seconded by Mr. Huja, Council voted (Ayes: Dr.
    Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos. Noes: None) to meet in closed
    session pursuant to section 2.2-3712 of the Virginia Code, (1) For consultation with legal
    counsel regarding the negotiation of the terms and conditions of a community water
    supply cost sharing agreement with the Albemarle County Service Authority, as
    authorized by Virginia Code sec. 2.2-3711 (A) (7); and, (2) For discussion and
    consideration of prospective candidates for appointment to City boards and commissions,
    and for the annual performance review of the Clerk of City Council, as authorized by
    Virginia Code sec. 2.2-3711 (A) (1)
    On motion by Dr. Brown, seconded by Ms. Edwards, Council certified by the
    following vote, (Ayes: Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos.
    Noes: None), that to the best of each Council Member's knowledge, only public business
    matters lawfully exempted from the open meeting requirements of the Virginia Freedom
    of Information Act and identified in the motion convening the closed session were heard,
    discussed or considered in the closed session.
    COUNCIL CHAMBERS – June 20, 2011
    Council met in regular session on this date with the following members present:
    Mr. Norris, Ms. Edwards, Dr. Brown, Mr. Huja, Ms. Szakos.
    ANNOUNCEMENTS
    Mr. Norris read a letter of thanks from Pastor Elizabeth Foss of Wesley Memorial
    regarding Chief Tim Longo’s service to the community.
    Mr. Norris recognized the History Resources Committee for their work. He
    recognized Ms. Melanie Miller and read a portion of the resolution.
    2
    Mr. Huja announced the Community Band Festival on Saturday, July 2nd at the
    Charlottesville Pavilion from 10:00 a.m. until 8:00 p.m.
    Ms. Szakos announced Free Swim Days in Washington Park, every Saturday
    evening starting June 25th from 5:30 p.m. to 7:30 p.m.
    Dr. Brown said the 4th of July ceremony at Monticello is a wonderful annual event
    that citizens should attend.
    Mr. Norris welcomed a group of women in government leaders from Afghanistan
    who were present at the meeting. He also noted the U.S. Conference of Mayors endorsed
    a resolution calling for a speedy end to military entanglements abroad.
    MATTERS BY THE PUBLIC
    Mr. Brandon Collins, 536 Meade Ave., thanked Mr. Norris for signing on to the
    Mayors for Peace resolution and asked for follow-through with action. He asked
    Council to wait to move on the parkway until after rulings from lawsuits come through.
    Mr. James Halfaday, 2423 Sunset Rd., said we need to fix Belmont Bridge for
    residents and small businesses in the Belmont area. Trees are not properly maintained.
    Snow will break the fence this winter when it is plowed. Pedestrian safety is an issue.
    Ms. Colette Hall, 101 Robertson Ln., asked why City rate payers are paying more
    while customers of the Albemarle Service Authority will not. She asked Council to pull
    item m on the consent agenda regarding utility rates for further discussion on the rate
    increases. She asked for clarification on report five of the agenda on whether the
    resolution was for a purchase of lots for Habitat for Humanity, or a purchase of lots from
    Habitat for Humanity.
    Mr. Michael Farabaugh, 24 Roslyn Height Rd., asked Council to vote against the
    bypass. It is not actually a bypass, it will not fix traffic problems, and it is costing the
    City money because of the real estate that has been sitting idle without collecting
    property taxes.
    Mr. Bob Fenwick, 901 E. Jefferson St., asked the City Manager for an update on
    the status of the RFP for Dredging the Rivanna River. He asked who was paying for the
    new dam. He said his water bill has increased by 200% in eight years and said citizens,
    especially those on fixed incomes, cannot keep up with such increases. He asked Council
    to insist on showing where the money for the water plan is coming from before voting on
    further increases.
    Mr. Stratton Salidis, 704 B Graves St., said building for people instead of cars is a
    good thing, and he is pleased Council seems to agree. Building the parkway will help
    3
    build more sprawl. People will ask to widen the parkway almost as soon as it is built.
    Subsidize walking, biking and transit instead.
    Mr. Scott Beyer, 2556 Summitt Ridge Trail, said much of what contributed to
    America’s renaissance was the rededication of local governments to widescale urban
    projects. These projects have lured people back from the suburbs into the cities.
    Beautification projects often get criticized by budget hawks, but they ignore the vast
    economic returns that can result from urban beautification. He encouraged the City to
    have ambitious goals for McIntire Park East. Balance natural landscapes with human
    creativity; it should no longer be a golf course.
    Mr. Tom Olivier, 4632 Green Creek Rd., of Schuyler, Virginia, said he opposes
    construction of the US 29 Bypass. It risks the water supply, exposes six schools worth of
    children to elevated motor vehicle operations, disturbs neighborhoods, and will not
    address local congestion. The June 8th vote of the Albemarle Supervisors was
    accomplished in a manner that limited public scrutiny. The Piedmont Group of the Sierra
    Club urged Council to direct the MPO not to support construction of a Route 29 Bypass.
    Mr. Jeff Werner, 212 Wine St., said he was speaking on behalf of the Piedmont
    Environmental Council. Regarding the June 8th county vote to reverse their opposition to
    the Bypass, they said the Secretary of Transportation offered to fund the bypass. Funding
    for the project would come from reallocating the money from other projects. Council
    should oppose the bypass and thoroughly evaluate all the facts before casting a vote at the
    MPO.
    Mr. Morgan Butler, 201 W. Main St., with Southern Environmental Law Center,
    said the Route 29 project will not effectively reduce traffic, and will adversely impact
    area schools and damage neighborhoods. Instead, create a better network of parallel
    roads and make improvements to existing intersections. Vote to uphold the MPO’s
    opposition to the Bypass.
    Ms. Rebecca Quinn, 104 4th St. NE, asked if there will be a public meeting or
    hearing on the water plan cost share agreements. She asked if a citizen representative
    committee request has been submitted to Rivanna. She requested that a member of DCR
    attend the public meetings on the dam inundation zone maps.
    Ms. Martha Wilhelm, 100 Roslyn Heights Rd., commended Council for allowing
    the Route 29 Bypass to be addressed in an open forum. She asked Council to act on the
    wishes of those constituents who say no to squandering limited transportation funds on a
    project that has been concluded to be ineffective and obsolete and should not be built.
    Support using funds for genuine improvements instead.
    4
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Ms. Szakos said she supported citizens speaking on the Bypass. To Mr. Halfaday,
    building the Belmont Bridge was one of the things on our list of priorities that did not get
    funded. She said she agreed with Mr. Beyer that urban beautification is hugely important
    although she is not sure the park is something we need to build over. She would also like
    to see reports on the dredging study.
    Mr. Jones said the RFP for dredging is on the agenda for the next RWSA Board
    Meeting. There will be a public hearing on the cost share agreement, which is yet to be
    scheduled. Staff has asked for a public meeting held by Rivanna to answer any questions
    concerning the inundation zone.
    Ms. Edwards asked if DCR can attend the public meeting. Mr. Jones said we will
    extend them an invitation. She asked for an answer to Ms. Hall’s question about the
    utility rates. Mr. Jones said connection fee revenues offset potential increases for the
    county, which would have been about 17%. She said Mr. Farabaugh did a fine job
    speaking and should be inspired to continue to provide comment at other public meetings.
    Dr. Brown said he agreed that Mr. Farabaugh did a good job speaking. He said to
    Mr. Fenwick that dredging and building the dam are not comparable. A dam provides a
    lot more water. Fully dredging gives us about fifteen days of storage, and that is not a lot
    when looking at past needs.
    Mr. Huja commended Mr. Beyer for his comments on beautification. He agreed
    with his comments on sculpture and landscaping.
    On motion by Dr. Brown, seconded by Mr. Huja, the following applicants were
    appointed: to CDBG Fifeville Task Force: Antonia Lolordo, Tate Huffman, Missy
    Wernstrom. To the Vendor Appeals Board: Jennifer McKeever and Aristea Vlavianos.
    To the CACVB, Kirby Hutto. (Ayes: Dr. Brown, Mr. Huja, Ms. Edwards, Mr. Norris,
    Ms. Szakos; Noes: None.)
    CONSENT AGENDA
    Mr. Huja asked who will implement the promise neighborhood matching grants.
    Ms. Szakos said this was a contract through Children Youth and Family Services.
    Ms. Edwards and Mr. Norris said they do not support the increase in utility rates.
    On motion by Dr. Brown, seconded by Ms. Szakos, the following consent agenda
    items were approved with the exceptions noted above: (Ayes: Mr. Huja, Ms. Edwards,
    Dr. Brown, Mr. Norris, Ms. Szakos; Noes: None.)
    5
    a. Minutes of June 6
    b. APPROPRIATION: $119,000 – Grant – Azalea Park Storm Water Wetland
    Project (2nd reading)
    c. APPROPRIATION: $386,000 – Charlottesville High School Solar Power
    System – Appropriation of Grant Funds and Local Cash
    Match (2nd reading)
    d. APPROPRIATION: Approval and Appropriation of CDBG & HOME funds
    for FY 2011-2012 (2nd reading)
    e. APPROPRIATION: $751,016 – Amendments to FY 2012 Adopted City
    Schools General Fund and Grant & Other Governmental
    Funds Budget (2nd reading)
    f. APPROPRIATION: $3,000 – Player for Life Grant from the US Golf
    Association (2nd reading)
    g. RESOLUTION: Historic Resources Committee – Appointment of
    Members and Acceptance of New Rules of Procedure
    h. RESOLUTION: Acceptance of Street in St. Charles Subdivision
    i. RESOLUTION: Public Infrastructure Maintenance Bonds
    j. RESOLUTION: Irrevocable Election Not to Participate in Line of Duty
    Act Fund
    k. RESOLUTION: Reimbursement of City Employee Legal Fees
    l. RESOLUTION: Promise Neighborhood Matching Grant – $50,000
    m. ORDINANCE: Utility Rates (2nd reading)
    n. ORDINANCE: Street Closure – Closing of a portion of Seminole Court
    (2nd reading)
    o. ORDINANCE: Zoning Text Amendment – Assisted Living Facilities
    (2nd of 2 readings)
    p. ORDINANCE: Sunrise Park PUD (2nd of 2 readings)
    q. ORDINANCE: Homeowner Tax Relief Grant (2011) (2nd of 2 readings)
    PUBLIC HEARING/ORDINANCE: TEMPORARY MOVE OF CARVER
    PRECINCT (carried)
    Ms. Sherri Iachetta presented to Council. The City cannot use Jefferson School
    because of renovations. She reviewed the alternate locations that were considered. The
    proposed location is the Virginia Institute of Autism, and it is a convenient location for
    many reasons. The Electoral Board met on June 7th and recommended passing the
    ordinance.
    Mr. Norris asked if there will be adequate signage due to the lack of visual sight
    from Rose Hill Dr., and Ms. Iachetta said there will be. Mr. Huja said this is an isolated
    location, and he wants generous signage. Ms. Iachetta said staff will post signage off the
    250 Bypass and off Rose Hill Dr. Staff is also promoting the new location through
    mailings and picnics.
    6
    Dr. Brown asked about pedestrians and said we need to make it easy for
    pedestrians to travel to the alternate location. Ms. Szakos asked about buses to provide
    transportation for people who report to the old location. Ms. Iachetta said this will be an
    issue City-wide because of recent precinct changes. Mr. Jones said we can look into
    options for transit if Council wishes.
    Mr. Huja asked for maps to be included in the mailing of new voter cards. Mr.
    Norris said he wants to see staff ideas for providing transit to voters City-wide. He asked
    if the construction near the School of Autism was on track. Mr. Tolbert said it was. Mr.
    Jones said the site can be cleared for Election Day, regardless of the construction
    schedule.
    The public hearing was opened.
    Having no speakers, the public hearing was closed.
    On motion by Ms. Szakos, seconded by Mr. Huja, the motion carried to the next
    meeting.
    PUBLIC HEARING: TRANSFER OF PROPERTY ON ELLIOTT AVENUE
    (deferred)
    Ms. Kathy McHugh presented to Council.
    Mr. Tolbert said this is a public hearing, but due to an advertising error, sufficient
    notice of public hearing was not given. Council can choose to pass this on a first reading,
    but a second public hearing should be scheduled for the second reading.
    The public hearing was opened.
    Mr. Dan Rosensweig, 740 Lexington Ave., Exec. Director of Habitat for
    Humanity, thanked Council for considering the matter. This opportunity has enormous
    potential for the City and the future of mixed income housing. Please approve the
    conveyance of this property, which provides affordable housing in a mixed income
    development. It is a small investment for the City, with large returns.
    Mr. L. Paul Koch, 101 Burnet St., thanked Mr. Tolbert and his staff for sending
    out notification on this item. He thanked Southern Development for reaching out to
    Burnett Commons and soliciting the neighborhood’s input. He said he supports the
    development of this parcel contingent on continuing engagement with Burnett Commons
    and the surrounding neighborhood, and an adequate study and solution to traffic
    concerns.
    Mr. Blake Caravati said this is good work with some further changes. On June 7,
    he saw the For Sale sign on the property, then received a notice of the sale on June 9.
    7
    This lacked transparency, because the property seemed to have been under negotiation by
    staff and Council for at least six months. He asked Council to delay the sale and advertise
    it in a normal manner so other developers would have the opportunity to pay the City
    money for this property.
    Having no further speakers, the public hearing was closed.
    Mr. Norris asked Mr. Tolbert to address Mr. Caravati’s concerns. Mr. Tolbert said
    this is a unique situation because of the partnership between Habitat and Southern
    Development and the impact it has on surrounding properties.
    Mr. Huja asked what the total area and assessed value of the 3 parcels are. The
    property under consideration tonight is assessed at $90-100,000, conditional on the
    amount of work that needs to be done to it. Altogether, there is about $180,000 worth of
    land with significant cost to remediate land issues. Mr. Huja said he is not in favor of
    having a first reading tonight.
    Dr. Brown asked if there were anything that would ensure affordability beyond
    the initial purchase. Mr. Tolbert said we do not have a method to regulate that at this
    point unless we put something in the deed.
    Mr. Norris said this is a very creative, positive idea and proposal for development
    of this site. The buy-in from neighborhoods on all sides is remarkable.
    Ms. Edwards agreed that it should be deferred for a first reading at the next
    Council meeting. Mr. Norris said we will do another public hearing at our next meeting
    with a first reading at that time.
    REPORT/RESOLUTION: SECTION 3 PLAN AND POLICY
    Mr. Tolbert presented to Council. Section 3 is intended to ensure that training,
    employment and contracting and other economic activities generated by HUD to the
    greatest extent possible will be directed to low and moderate income recipients. Staff
    believes more can be done to assist individuals with low income. Staff is anxious to
    move forward because of potential redevelopment contracts through CRHA. We can fully
    staff this with existing CDBG administrative staff and CRHA money.
    Ms. Szakos thanked Ms. Edwards for supporting Section 3. Her support is largely
    why Council is considering this report.
    Mr. Huja said he supports the idea of Section 3, but he is concerned about the
    staffing position. He said it bothers him that it is supplemented by CHF funds, and we
    may need more staffing. Mr. Tolbert agreed that it was a limiting factor.
    8
    Ms. Edwards appreciated the work that has gone into this project. She thanked
    Ms. McHugh for her research. This is a long time coming, and she said she was pleased
    to see it on the agenda now. This is an opportunity to create jobs, which is an area we
    have been lacking in the past.
    Mr. Norris said he wished there were more we could do in terms of incorporating
    the same kinds of goals into our own projects. Mr. Tolbert said having a staff member
    focused on this will be helpful.
    On motion by Ms. Edwards, seconded by Mr. Huja, the resolution was approved.
    (Ayes: Dr. Brown, Mr. Norris; Mr. Huja, Ms. Szakos, Ms. Edwards; Noes: None.)
    REPORT/RESOLUTION: ALLOCATION OF CHF DOLLARS FOR PURCHASE OF
    LOTS - $690,000
    Mr. Tolbert presented to Council. We are buying the lots from Habitat, not for
    Habitat, as a point of clarification. This addresses the idea of allowing disabled citizens
    to live in a true housing environment. Staff wants to build four townhouse units and deed
    two of them to Region 10. One would be kept as a transitional unit for CRHA
    redevelopment purposes. Staff seeks Council’s authorization to purchase the land and
    proceed with the proposal.
    Ms. Szakos said for all the members of Charlottesville who are members of
    IMPACT, this is going above and beyond. It is hugely needed in Charlottesville.
    On motion by Ms. Szakos, seconded by Ms. Edwards, the resolution passed.
    (Ayes: Dr. Brown, Mr. Norris, Ms. Edwards, Ms. Szakos, Mr. Huja. Noes: None.)
    REPORT: ROUTE 29 BYPASS
    Mr. Tolbert presented to Council. Approval of the Route 29 Bypass would require
    two hearings of the MPO. Council will have the opportunity to discuss this again after
    the first of the two meetings of the MPO. Council may want to negotiate other items as
    part of the process.
    Mr. Norris asked if this money would be reallocated from other projects. Mr.
    Steve Williams of the Thomas Jefferson Planning District Commission said he was not
    sure what projects this would take money from. Mr. Norris asked if there are advantages
    to other cities if the bypass were built. Mr. Williams said he could not say. Mr. Norris
    asked what the projected percentage of through drivers on the impacted stretch of Route
    29 was. Mr. Williams said it counted for 10-15% of total traffic volume. Traffic studies
    have not computed how much time this bypass would save those travellers on their
    commute. Mr. Norris said there were a series of transportation projects outlined in
    sequential order by the City, but this bypass was at the end of the list.
    9
    Dr. Brown asked if this is a parallel road instead of a bypass. Mr. Williams said
    there are no access points between Hollymead and Leonard W. Sandridge Road.
    Mr. Huja said the process by which this decision has been made seems unfair. Ms.
    Szakos said this seems like a strange way to force this on our area, because the state is
    giving us money we have not had in the past on the condition that we do the project they
    want us to do.
    Dr. Brown said the process the County chose to follow for doing business on this
    was embarrassing. However, he sees that this may benefit the City, and he does not think
    Council has a say on this one way or another.
    Ms. Edwards said she is disappointed in the Board of Supervisors and the
    direction they have taken this. Also, it puts the City in such a position that it does not
    matter what we think. She said there is no point in having this discussion further, and she
    washes her hands of it.
    Ms. Szakos encouraged people to attend the public hearings July 14 and July 27 at
    Lane Public High School at 4pm and speak out about this issue.
    Ms. Szakos moved that Council instruct the MPO representatives to oppose the
    motion if there is a vote at the next MPO meeting. Dr. Brown seconded the motion.
    Motion carried with Mr. Huja abstaining from voting.
    REPORT: BELMONT BRIDGE UPDATE
    Ms. Janiczek presented to Council. She outlined the process for planning for the
    new bridge and design plans to date.
    Mr. Norris asked if design details are forthcoming. Ms. Janiczek said they are.
    Mr. Norris asked staff to incorporate greenery and plantings.
    Ms. Szakos said mitigation of sound from the Pavilion should be kept in
    consideration.
    Mr. Huja said the railroad company may offer money to build a higher bridge so
    they can get taller trains through.
    REPORT: DIALOGUE ON RACE ECONOMIC WORKGROUP MINORITY
    BUSINESS FOLLOW-UP
    Mr. Walter Davis presented to Council, outlining the findings of a survey the
    workgroup conducted. Ms. Alice Anderson gave an overview of the Minority Business
    Summit on May 23.
    Ms. Szakos praised the workshop. Dr. Brown said staff could create something
    more regional for a bigger impact. Mr. Norris thanked the workgroup for their efforts
    and said Council will support them in the future.
    MATTERS BY THE PUBLIC
    Ms. Rebecca Quinn said women-owned businesses are also grouped in with
    minority owned businesses, and we should consider them when leveraging funding from
    the state. She said Dr. Brown should look at the whole system before quoting numbers
    on water supply. This is a very complex situation, but gallon for gallon dollar cost is not
    the way to go because the system is dynamic. You do not get anything but air if you
    build a dam until you build a pipeline. The cost of operating and maintaining an uphill
    pipeline must also be considered.
    Ms. Dede Smith, 2652 Jefferson Park Cir., said to simplify this as dredging versus
    building a new dam is a misinterpretation. To compare dredging to a new dam ignores
    the fact that fully half the water capacity added at Ragged Mountain is to compensate for
    the loss of water at South Fork. We will lose our draught protection, which we have paid
    for, if we lose the water at South Fork. Dredging and maintaining South Fork provides
    80-90% of the water that building a dam provides.
    Mr. Halfaday said he agrees that pedestrian access to both sides is the most
    important aspect of the Belmont Bridge. He asked Council to tear down the fence.
    Mr. Scott Bandy, 1639 Cherry Ave., asked if the interchange at Best Buy would
    be reconfigured if the 29 Bypass does not get built.
    COUNCIL RESPONSE
    Mr. Huja said Council determined work would be done on the Best Buy ramp at
    the last Council meeting.
    The meeting was adjourned.
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Tuesday, July 5, 2011, AT 6:00 p.m. IN THE Second Floor Conference
    Room.
    THE PROPOSED AGENDA IS AS FOLLOWS:
    Closed session as provided by Section 2.2-3712 of the Virginia Code
    BY ORDER OF THE MAYOR BY Paige Barfield
    SECOND FLOOR CONFERENCE ROOM – July 5, 2011
    Council met in special session on this date with the following members present:
    Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos.
    On motion by Dr. Brown, seconded by Ms. Edwards, Council voted (Ayes: Dr.
    Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos. Noes: None) to meet in closed
    session pursuant to section 2.2-3712 of the Virginia Code, for (1) consultation with legal
    counsel regarding the negotiation of the terms and conditions of a community water
    supply cost sharing agreement with the Albemarle County Service Authority, as
    authorized by Virginia Code sec. 2.2-3711 (A) (7); and, (2) the annual performance
    review of the Clerk of City Council, as authorized by Virginia Code sec. 2.2-3711 (A) (1)
    On motion by Ms. Szakos, seconded by Mr. Huja, Council certified by the
    following vote, (Ayes: Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos.
    Noes: None), that to the best of each Council Member's knowledge, only public business
    matters lawfully exempted from the open meeting requirements of the Virginia Freedom
    of Information Act and identified in the motion convening the closed session were heard,
    discussed or considered in the closed session.
    COUNCIL CHAMBERS – July 5, 2011
    Council met in regular session on this date with the following members present:
    Mr. Norris, Ms. Edwards, Dr. Brown, Mr. Huja, Ms. Szakos.
    ANNOUNCEMENTS
    Mr. Norris recognized Mr. Leonard W. Sandridge, retiring Chief Operating
    Officer of the University of Virginia, who has had a tremendous impact on
    Charlottesville, and particularly the University. Mr. Norris presented Mr. Sandridge with
    a key to the city. Mr. Sandridge thanked the City for their recognition, and particularly
    thanked Chief Longo, Chief Warner and other outstanding members of City staff. Mr.
    2
    Jones presented Mr. Sandridge with his favorite comfort food. Dr. Brown thanked Mr.
    Sandridge for the tangible ways he has facilitated the relationship between the City and
    the University.
    Mr. Norris read a proclamation designating July as Parks and Recreation month.
    Mr. Brian Daly, Director of Parks and Recreation, accepted the proclamation on behalf of
    the department.
    Mr. Norris wished a happy birthday to Ruby Gordon Lincoln Wiltshire, who is
    100 years old today. She is the oldest member of Rose Hill neighborhood and a member
    of Mt. Zion Baptist Church.
    Mr. Huja announced Sundays in the Park at McIntire Park, which are the second
    Sundays of each month. Call 970-3260 for more information.
    Ms. Szakos announced a program offering cooling assistance to residents. Call
    972-4010 for County residents or 970-3400 for City residents. For more information,
    please visit www.charlottesville.org.
    Mr. Norris requested a discussion regarding strategies for reducing power outages
    to Other Business.
    MATTERS BY THE PUBLIC
    Mr. Kirk Bowers, City of Charlottesville, thanked Council for voting against the
    western bypass.
    Mr. Brandon Collins, 536 Meade Ave., said he was pleased to see that dredging is
    coming closer to a reality. Including a local workforce in any projects should be a
    priority. He said he would like to see hybrid buses purchased, but he asked if current
    buses really need replacement.
    Ms. Rebecca Quinn, 104 4th St., thanked Council for potentially making the cost
    share agreement contingent on dredging.
    Ms. Dede Smith, 2652 Jefferson Park Cir., said the request for a permit
    modification has been deemed a major modification, thus requiring a 30 day public
    comment period and a public hearing. This is a great opportunity to get consideration for
    the multiple studies Council has funded.
    Mr. Paul Long, 1410 Grady Ave., said there are several hundred potential voters
    who will not be allowed to vote because they do not have a legal residence in the City.
    He asked if these individuals could use The Haven for an address if they have been here
    for a specified length of time.
    3
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Ms. Szakos said the voter registrar says can register homeless residents to vote, as
    long as they have a place they can get their mail. She asked if staff can assist with
    homeless voter registration.
    Mr. Huja said he supported hiring local workforce for dredging.
    CONSENT AGENDA
    On motion by Mr. Huja, seconded by Dr. Brown, the following consent agenda
    items were approved: (Ayes: Mr. Huja, Ms. Edwards, Dr. Brown, Mr. Norris, Ms.
    Szakos; Noes: None.)
    a. Minutes of June 20
    b. RESOLUTION: Transit Development Plan for CAT
    c. RESOLUTION: Fontaine Fire Station #10 – Grant of Easement to
    Dominion VA Power
    d. ORDINANCE: Temporary Move of Carver Precinct (2nd reading)
    e. ORDINANCE: Validity Period of Certificates of Appropriateness
    (2nd reading)
    PUBLIC HEARING/ORDINANCE: EXCHANGE OF LAND – MADISON AVENUE
    AND RIVER COURT (carried)
    Mr. Chris Gensic presented to Council on the ordinance regarding the exchange
    of land at Madison Avenue and River Court.
    Mr. Norris asked if this would preclude extending Madison Ave. and connecting
    it to Preston. Mr. Gensic said it would not.
    The public hearing was opened.
    Having no speakers, the public hearing was closed.
    On motion by Ms. Szakos, seconded by Dr. Brown, the ordinance carried.
    PUBLIC HEARING/ORDINANCE: SPOT BLIGHT ABATEMENT – 704
    MONTROSE (deferred)
    Ms. Patty Armstrong presented to Council. She described the history of the
    property, the owner’s actions, and the structural integrity of the property.
    4
    The public hearing was opened.
    Mr. Rogers, who owns the house at 704 Montrose, said the home can be repaired,
    and he has the money to do so. He said he had to stop work on the home because he is
    disabled. He asked for six months, after which he would agree to have it demolished if
    he does not meet the City’s requirements in that amount of time.
    Mr. Huja asked Mr. Rogers if he has spoken to any contractors. He said he has not
    formally spoken to any because of all the books he has stored in the house, but he
    believes it will cost $20,000 - $30,000 dollars to repair.
    Mr. Norris asked Mr. Rogers if he had seen the letter from Alloy. Mr. Rogers
    said he had not. Mr. Norris said the professional opinion of the consultant from Alloy
    was that the house is in bad enough condition that it does not make financial sense to
    renovate.
    Mr. Norris asked what the compelling public interest was in having the home
    demolished. Mr. Tolbert said termites and mosquitoes have been a nuisance to the
    neighborhood. The home has been vacant for several years, which has a negative impact
    on surrounding properties. Ms. Armstrong said the walls are collapsing in on themselves
    and will continue to do so.
    Dr. Brown asked if the contractor said it was safe for the books to be removed.
    Ms. Armstrong said they recommended the belongings not be relocated because of what
    could be transferred to the new location.
    Having no further speakers, the public hearing was closed.
    Mr. Huja said he is familiar with this house, and it is in bad shape. He said a few
    people in the neighborhood have said they would be willing to buy the house and fix it
    because of the nuisance it has been to the neighborhood. He said he would be willing to
    give it six more months to have it repaired, although he is not optimistic that it would
    happen.
    Ms. Edwards said she is concerned with the safety of Mr. Rogers and the safety of
    the home. She said we should discuss how we can support aging homes and the elderly
    as they try to remedy the problem. She said she supports the six month timeframe. She
    said Mr. Rogers should consider whether continued investment in this property is
    prudent.
    Dr. Brown said this house has been in violation for years, and now an independent
    opinion has shown the property to be unsafe. If we want to extend the time, it should be a
    short period, say one month, for him to come with a plan of action, with either a
    contractor’s estimate or letters of intent to purchase from potential buyers.
    5
    Ms. Szakos said it is important to offer support during this process. She asked if
    there is support available through JABA. She said she is comfortable with the one month
    proposal.
    Council will give Mr. Rogers 30 days to come back with a contract from a
    contractor to bring the home up to code or a letter of intent to purchase the house. Staff
    will follow up with Mr. Rogers and report back to Council.
    PUBLIC HEARING/ORDINANCE: TRANSFER OF PROPERTY ON ELLIOTT
    AVENUE (carried)
    Ms. Kathy McHugh presented to Council. This was first discussed on June 20th,
    but there was not a public hearing at that time. Habitat for Humanity plans to partner with
    Southern Development to undertake Burnett Commons Phase 2. Staff recommends
    approval of the ordinance.
    Mr. Huja asked for clarification on lot 2. Ms. McHugh said Southern
    Development said they were willing to take possession of the lot and use it for green
    space or Art In Place. Mr. Huja said it should be paid for.
    The public hearing was opened.
    Mr. Charlie Armstrong, Southern Development, said that the original contract
    provided for building one house on the lot. With the stipulation that the lot not be built
    on, Southern Development would prefer not to purchase the lot and keep it City
    maintained, or leave it to the Homeowner’s Association to maintain.
    Having no further speakers, the public hearing was closed.
    On motion by Mr. Huja, seconded by Ms. Szakos, the ordinance carried.
    REPORT: FUNDING PRIORITIES FOR NONPROFIT AGENCIES – STEERING
    COMMITTEE AND STAFF RECOMMENDATIONS
    Ms. Gretchen Ellis presented to Council. She thanked staff for their diligent work
    over the past nine months. She also thanked the University for their help with conducting
    research on the project. Staff has passed along five of the six recommendations the
    steering committee devised.
    Mr. Norris asked how the proposed rating system compared to what is currently in
    place. Ms. Ellis said funding was decreased by a percentage for programs that were rated
    as fair or poor instead of being eliminated.
    6
    Ms. Szakos asked how the amounts would be evaluated. Ms. Ellis said it would be
    tied to what they receive each year. Ms. Szakos said she appreciated the work of the
    committee and asked about an appeals process.
    Dr. Brown said he supported a smaller reserve dedicated for contingencies during
    the year, which would reduce one-off requests for favors. Mr. Huja said he disagreed,
    because having a discretionary pool for Council allows groups who are not as
    sophisticated to obtain funding.
    Ms. Szakos said it is important to do a needs analysis.
    Mr. Huja asked if art and culture programs will be included in the process. Ms.
    Ellis said yes, as there will be sub-teams involved that have expertise in various areas.
    Ms. Beauregard said festivals will have to submit applications as always.
    Ms. Edwards said she was concerned about the makeup of the steering committee
    in that it lacked outside objectivity. There did not seem to be a focus group or any sort of
    communication with poor people in the community. She said throwing money at
    problems does not fix them.
    Mr. Norris said he does not regret a single allocation Council has made to
    agencies through direct appeal to Council; however, there should be a process. He said
    guidelines should not be overbroad. He asked how the fact that previous allocations will
    affect future funding is going to change going forward. Mr. Murphy explained how the
    process is changing to implement other factors for determining funding.
    Mr. Norris said workforce development is a priority and asked if there is a process
    by which Council can request particular types of proposals. Ms. Ellis said the committee
    recommended against it because it makes the nonprofit environment too unpredictable
    and subject to political trends.
    Mr. Norris asked for staff to come back with recommendations to incorporate into
    a revised plan. Staff will come back with a revised report at the August 1st meeting.
    REPORT: FY 2012 CHARLOTTESVILLE AREA TRANSIT BUS REPLACEMENT
    GRANTS
    Mr. Bill Watterson reported to Council. CAT has been working to achieve the
    vision of a green city in transit. Mr. Norris asked for clarification on state funding for
    diesel versus hybrid buses. State funding covers the cost of diesel buses only. The City
    would have to pay for the additional cost of hybrid buses. Staff expects a minimum of
    20% increase in fuel efficiency and roughly estimates about $10,500 a year in fuel
    savings.
    7
    Mr. Norris asked if maintenance costs are higher. Mr. Watterson said other cities
    have said there are actually maintenance savings. Mr. Watterson said the buses are
    cleaner burning than Diesel buses and much cleaner than the older buses the City
    currently has in use.
    Dr. Brown said he is concerned that the batteries on the hybrid buses will need to
    be replaced every six years. Mr. Watterson said we have had good response when
    requesting funds to replace parts such as this, although there are no guarantees. Mr. Huja
    said this is an important environmental issue, and we should support this financially.
    Dr. Brown said if we want to spend this amount of money, we should spend it on
    improving services, not on hybrid buses.
    On motion by Mr. Huja, seconded by Ms. Szakos, Council voted to authorize the
    purchase of hybrid buses. (Ayes: Mr. Norris, Mr. Huja, Ms. Szakos, Ms. Edwards; Noes:
    Dr. Brown.)
    REPORT: PUBLIC WORKS SUMMER CONSTRUCTION PROJECTS
    Mr. Mike Mollica presented to Council. He overviewed government facilities
    capital projects for Council, including the Smith Aquatic Center, Fontaine Fire Station,
    Facilities Maintenance Renovation at the Public Works Yard on 4th Street, Market Street
    Parking Garage repairs, Police Department locker and roll call rooms and GDC
    expansion, school projects, and other small capital projects.
    Regarding the Buford/Walker configuration, Mr. Norris asked Mr. Mollica if his
    charge was to come back with recommendations on reducing construction costs. Mr.
    Mollica said staff will come back with options.
    Ms. Szakos asked if the Johnson school envelope project has energy benefits. Mr.
    Mollica said it does not. Ms. Szakos asked where the high school is playing football
    before November. Mr. Mollica said staff and the athletic director are working on a
    solution. Ms. Szakos asked what efforts are made to employ local workers on projects.
    Mr. Mollica said staff works with the economic development division to encourage
    workers to hire locally, and funds have been provided to allow for certain subcontractors
    to bring in trade help. However, staff ultimately takes the lowest bidder, which does not
    ensure employment of local workers.
    OTHER BUSINESS
    Mr. Norris said he wants to know why the power system seems to be so fragile,
    causing so many outages. He asked staff to work with Dominion on researching what
    factors contribute to the power outages we have, and what steps need to be taken to
    prevent them. Mr. Jones said staff can invite Mr. Reid from Virginia Dominion Power to
    present to Council. We have a lot of power lines overhead, and it is very expensive to install underground utilities.
    The meeting was adjourned.
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Tuesday, July 18, 2011, AT 6:00 p.m. IN THE Second Floor Conference
    Room.
    THE PROPOSED AGENDA IS AS FOLLOWS:
    Closed session as provided by Section 2.2-3712 of the Virginia Code
    BY ORDER OF THE MAYOR BY Paige Barfield
    SECOND FLOOR CONFERENCE ROOM – July 18, 2011
    Council met in special session on this date with the following members present:
    Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos.
    On motion by Dr. Brown, seconded by Ms. Edwards, Council voted (Ayes: Ms.
    Edwards, Mr. Huja, Mr. Norris, Ms. Szakos, Dr. Brown; Noes: None to meet in closed
    session pursuant to section 2.2-3712 of the Virginia Code, for discussion and
    consideration of prospective candidates for appointment to City boards and commissions;
    and for the annual performance review of the Clerk of City Council, as authorized by
    Virginia Code sec. 2.2-3711 (A) (1).
    On motion by Dr. Brown, seconded by Ms. Szakos, Council certified by the
    following vote, (Ayes: Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos, Dr. Brown;
    Noes: None), that to the best of each Council Member's knowledge, only public business
    matters lawfully exempted from the open meeting requirements of the Virginia Freedom
    of Information Act and identified in the motion convening the closed session were heard,
    discussed or considered in the closed session.
    COUNCIL CHAMBERS – July 18, 2011
    Council met in regular session on this date with the following members present:
    Mr. Norris, Ms. Edwards, Dr. Brown, Mr. Huja, Ms. Szakos.
    ANNOUNCEMENTS
    Mr. Norris recognized a delegation of visitors from Afghanistan.
    2
    Mr. Norris presented the Seven Seals Award, which was presented to the City of
    Charlottesville by the Department of Defense.
    Mr. Norris noted Charlottesville’s recent recognition as the Sixth Most Walk-
    Friendly Community in the Country, one of Ten Cities that Embody the American
    Dream, and Forbes Magazine’s Local Food Capital of the World.
    Mr. Huja announced the MPO public hearing scheduled for the Western Bypass
    July 27th at the County Office Building.
    Dr. Brown announced Charlottesville’s new semi-professional football team, the
    Virginia Silverbacks. He invited Mr. Jamie Davis and his group to speak on behalf of the
    team. They have won their last two games. Their first home game will be this Saturday
    at 7pm at Monticello High School. Practices are held Tuesdays, Wednesdays and
    Thursdays at 6pm at Buford Middle School. Dr. Brown requested that Council discuss
    making a City contribution to the group under Other Business.
    Mr. Norris said the second City Council meeting in August has been cancelled.
    Also, Farmers in the Park is underway at Pen Park Wednesdays from 3pm -7 pm.
    Council congratulated Mr. Maurice Jones on his fourth child, James Maurice
    Jones.
    Ms. Edwards said there will be free sports physicals provided on August 6th from
    10am-2pm at West Hardy Drive at the Westhaven Clinic.
    MATTERS BY THE PUBLIC
    Ms. Colette Hall, 101 Robertson Ln., asked Council to put politics aside and
    choose Planning Commission candidates who have knowledge and will take
    responsibility as Commissioners.
    Ms. Pat Napoleon, 700 Lyons Ave., said City government is stealing property in
    McIntire Park and allowing a freeway to be built through the park. She thanked Ms.
    Edwards for her support against building the YMCA at McIntire Park. She also said it is
    unacceptable that Mr. Huja cannot be understood during City Council meetings.
    Mr. George Larry, 107 Tally Ho Dr., said he represents CATCO, the
    Charlottesville Albemarle Transportation Coalition, which has opposed the Western
    Bypass for 25 years. The Bypass is too short, it dumps out on Route 29, south of Forest
    Lakes, putting heavy trucks through many neighborhoods. It impacts 4,000 students at
    schools and the water supply at the reservoir. VDOT studies show that if the bypass is
    built, the level of service on Highway 29 will still be substandard.
    3
    Mr. Bob Humphries, 109 Falcon Dr., reviewed documents outlining cost issues
    with the bypass, including right-of-way issues, demolition costs on properties acquired
    for the bypass, and single family relocations, which total $75-$85 million above quoted
    costs. Please oppose the Western Bypass.
    Mr. Milton Monroe, 106 Falcon Dr., served on the CHART committee several
    years ago and has been opposed to the bypass for the last 20 years. Please continue to
    oppose the bypass. Do not attend the next MPO meeting so they do not have a quorum.
    Ms. Vera Mason, 621 Lexington Ave., said she has witnessed the change from a
    quiet Charlottesville to a busy urban center. She has not seen a new road built in the past
    44 years that the general public can use. It is not in the public interest to deny
    construction of the Western Bypass. She encouraged people who cannot attend the
    meetings to mail in or phone their opinions.
    Ms. Robbi Savage, with the Rivanna Conservation Society, said she supports the
    water supply plan. They are protective of their wildlife, and she yielded the remainder of
    her time to Ridge Schuyler. Mr. Schuyler said he is an environmentalist, and he has been
    fighting for the environment for years. He supports the plan City Council endorsed
    because it protects our environment and our rivers. The phased approach adopted by
    Council is a green plan, and the cheapest plan. We have misplaced our priorities; we
    should be focused on important social issues instead.
    Ms. Joanna Salidis, 129 Goodman St., said the new demand forecast that came in
    last week was good news. This proves that dredging can meet the water supply demand
    without building the dam and pipeline.
    Ms. Rebecca Quinn, 104 4th St., said the Citizens for a Sustainable Water Supply
    have always believed the Charlottesville urban area should have abundant water for
    expected growth. We should consider how population growth will affect the future.
    Huge investments should not be made too early in the planning period.
    Mr. Toan Nguyen, 710 Lyons Court Ln., said he owns Cville Coffee and is highly
    dependent on the availability of water to run his business. He asked Council not to
    change their original endorsement of the revised water supply plan in March. He thanked
    Mr. Huja for his service.
    Mr. Peter McIntosh, 624 Davis Ave., said he supports the community water plan.
    Dredging alone will not provide sufficient water and would sacrifice the Moormans
    River.
    Mr. Brandon Collins, 536 Meade Ave., said Council should take more steps
    towards building a green city. Continue to take a stand against the western bypass.
    Ms. Barbara Cruikshank, 324 Park Way, said she is concerned about the effects of
    construction of the Bypass and its proximity to schools.
    4
    Mr. John Cruikshank, 324 Park Way, said building through McIntire Park and the
    Western Bypass is a mistake and will increase vehicular traffic by encouraging more
    people to travel. Improve public transit instead of putting money into new roads.
    Mr. Bob Fenwick, 901 E. Jefferson St., said Charles Rogers is an honest, taxpaying
    citizen who owns property at Montrose Ave., which is subjected to being termed
    as blighted. Just because he is different does not mean he should lose his house. This is
    about money, and the City should not take away his property.
    Mr. Neal Williamson, 550 Hillsdale Dr., is with the Free Enterprise Forum. He
    said dredging will not meet water supply demand during times of draught. He asked
    Council to support the Community Water Supply plan.
    Mr. Tom Olivier, 4632 Greene Creek Rd., said he is speaking for the Piedmont
    Group of the Sierra Club and thanked Council for not supporting construction of the
    Western Bypass at the recent MPO meeting.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Ms. Szakos said she does not support the xenophobic comments made in regard to
    Mr. Huja.
    Ms. Edwards said the word used is “different” in regard to Mr. Rogers. She hopes
    we would allow them to live with dignity, in the same way we would allow people with a
    different accent to serve our community. Ms. Edwards asked for a vote of confidence for
    Mr. Huja’s ability to serve Council. On motion by Ms. Szakos, seconded by Dr. Brown,
    the vote was unanimous.
    Dr. Brown said Council works earnestly on each issue that comes before them but
    agreed that we should move forward on the water supply issue to give us more time to
    devote to other issues.
    Mr. Norris said he took exception to Ms. Hall’s statement that City Council plays
    party politics in appointments to Boards and Commissions. Partisanship has never been
    broached when discussing appointments. He said supporters of the water supply plan
    keep referring to a dollar figure for dredging of the South Fork Reservoir in a manner that
    has never been endorsed by supporters of dredging. The small bites plan costs
    significantly less. The figure for building the dam does not take into account some of the
    ancillary costs. He firmly agreed with Mr. Collins that we can do both.
    Dr. Brown said everyone agrees we will do Phase 1 dredging. Anything above
    and beyond that will cost a lot of money no matter what.
    5
    On motion by Dr. Brown, seconded by Mr. Huja, the following appointments to Boards
    and Commissions were made: to the CRHA: Sherri Clarke, Hosea Mitchell, and
    Claudette Green; to the Sister Cities Committee: Blake Caravati, Brittani Sponaugle, Jim
    Tolbert and Terri Anne Di Cintio; to the Dialogue on Race Steering Committee: L.D.
    Perry; to the Retirement Commission: David Shifflett. (Ayes: Mr. Norris, Dr. Brown, Ms.
    Edwards, Mr. Huja, Ms. Szakos; Noes: none.)
    CONSENT AGENDA
    On motion by Mr. Huja, seconded by Ms. Szakos, the following consent agenda
    items were approved: (Ayes: Mr. Huja, Ms. Edwards, Dr. Brown, Mr. Norris, Ms.
    Szakos; Noes: None.) with the exception of Dr. Brown voting no on item I, transit grant
    for buses.
    a. Minutes of July 5
    b. RESOLUTION: Application to Virginia Land Conservation Foundation
    Acquisition of Hartman Mill for Parkland - $150,000
    (1st of 1 reading) DEFFERED
    c. RESOLUTION: Water Resources Database Enhancement - Authorization
    to enter into the Cost Sharing Agreement with the U.S.
    Corps of Engineers (1st of 1 reading)
    d. RESOLUTION: Acquisition of 4.515 Acres of Stream Valley Land (1st
    of 1 reading) DEFFERED
    e. APPROPRIATION: $500 – 2011 Charlottesville Police Department
    Foundation Donation (1st of 1 reading)
    f. APPROPRIATION: $5,000 – Virginia Commission of the Arts Challenge
    Grant (1st of 2 readings)
    g. APPROPRIATION: $2,774.80 – Federal Bureau of Investigations (F.B.I.)
    Overtime Reimbursement for the Cyber Crimes Task
    Force (1st of 2 readings)
    h. APPROPRIATION: $5,505 – 9/11 Memorial Steel Project Phase I (1st of 2
    readings)
    i. APPROPRIATION: $1,011,823 – Appropriation of FY 2012 Transit Grants
    (1st of 2 readings)
    j. ORDINANCE: Exchange of Land – Madison Avenue and River Court
    (2nd of 2 readings)
    k. ORDINANCE: Transfer of Property on Elliott Avenue (2nd of 2
    readings)
    l. ORDINANCE: Validity Period of Certificates of Appropriateness (2nd of
    2 readings)
    6
    REPORT URBAN WATER SUPPLY PLAN UPDATE
    Mr. Tom Frederick reported to Council on the new comprehensive regional water
    plan demand analysis. He said DEQ has a very narrow definition of what constitutes a
    minor permit modification versus a major modification, and Council should not be
    concerned about this being declared a major permit modification.
    Mr. Huja asked what the timeframe for response was. Mr. Frederick said they do
    not put a timeframe on it. The process has been slowed because they have a hiring freeze
    in Richmond, imposed by the Governor’s office, and they are inadequately staffed to
    address the permit modification request in a timely manner. Their best estimate is late
    this year.
    Mr. Frederick said the board has regularly addressed the issue of putting out an
    RFP for dredging for several months. HDR has recommended preparing performance
    specifications, criteria for contractor payments, and other information, including a
    valuation plan that grounds the decision making process in technical criteria.
    Mr. Kincer presented a Project Status Report to Council. He gave an overview of
    the water forecasting process, work accomplished to date, an outline of part of the
    regional water supply plan and reviewed the methodology process. He reviewed water
    use profiles, comparison of per capita water use (Charlottesville is near the bottom),
    population and employment, water demand calculation formula, minimum recommended
    water supply planning forecasts, water demand forecast scenarios, potential additional
    water conservation initiatives along with potential cost projections out to 2060, and next
    steps in the process.
    Mr. Norris asked how the population projection number was computed. Staff
    used historic growth and census data from 2010 and vetted those assumptions with
    different staff members from the area to see if they were reasonable.
    Ms. Edwards said she wanted this report placed in the time capsule.
    REPORT ROUTE 29 WESTERN BYPASS
    Mr. Tolbert presented to Council. The secretary said found money for the Western
    Bypass and will be pulling it from a number of future projects. Ms. Szakos said one of
    the things MPO was able to do was reach a consensus that none of us would even
    consider voting on the Western Bypass until we had some assurance that some of our
    other local priorities would be funded by the state, including completion of Hillsdale
    Drive, US 29/250 ramp and lane improvements, Berkmar Drive extension, the Belmont
    Bridge, transit to the Hollymeade/Forest Lakes/CHO Airport, and a north town trail to
    give non-car transportation opportunities for people to get north and south.
    7
    REPORT CACVB UPDATE
    Mr. Kirk Burkhart gave Council an overview of CACVB programs and activities
    over the past year.
    Ms. Szakos asked about historical and heritage tours. She said there is an
    opportunity for education, especially for Black history. Mr. Burkhart said this has been a
    real challenge, and he welcomed Council’s involvement and input.
    Mr. Norris thanked the CACVB board members for their service.
    REPORT GREEN CITY UPDATE
    Ms. Kristel Riddervold updated Council on recent Green City initiatives,
    including water resources protection projects, land/forest connectivity, utilities
    management and efficient infrastructure projects, and community partners.
    Mr. Norris said one of the priority areas that came from the recent Council retreat
    was leveraging the great work we have been doing making Charlottesville a green city on
    the economic side.
    Ms. Edwards said she would like to see students in schools get more involved.
    Mr. Huja said we should move these ideas into the private sector of our
    community.
    Ms. Szakos said keep pushing curbside recycling. Also, Council is going
    paperless with iPads, which will save money and trees.
    Dr. Brown thanked Ms. Riddervold for her excellent work as the City’s
    environmental administrator.
    OTHER BUSINESS – FUNDING FOR VIRGINIA SILVERBACKS
    Dr. Brown said the Virginia Silverbacks team is positive for our community.
    Sports can give youth a sense of purpose, and having a team with connections in the
    community is a positive. They are looking at $7,500 to get through the rest of the season,
    and he recommended a $2,500 - $5,000 donation from Council reserve.
    Mr. Huja asked if they are a non-profit organization. Dr. Brown said they are an
    LLC. Mr. Huja said this meets many of our objectives in our Vision Statement, and some
    contribution to show our support would be appropriate. He suggested $2,500.
    8
    Ms. Edwards said they have been able to address a niche in our community that
    has been missing. She asked how Council can help address field rentals or provide them
    with some resources outside of a monetary donation.
    Mr. James Davis spoke on behalf of the Silverbacks and said they are currently
    using Monticello field. Charlottesville High School cannot be used until the turf field is
    installed. The fee for the field is $500. The team has five home games.
    Mr. Norris said providing some seed funding is a good idea, and maybe next year
    we can give an in-kind donation.
    On motion by Dr. Brown, seconded by Mr. Huja, Council voted to allocate $2,500
    from their Council priorities fund to the Silverbacks. The motion carried unanimously.
    (Ayes: Dr. Brown, Mr. Huja, Mr. Norris, Ms. Szakos, Ms. Edwards; Noes: None.) A
    resolution will be added to the consent agenda for the first regular meeting in September.
    MATTERS BY THE PUBLIC
    Mr. Jason Halbert, 803 Stonehenge Ave., said he supports the 2006 Water Supply
    Plan as modified. It is the only plan that provides enough water for humans and the
    rivers.
    Mr. Richard Lloyd, City of Charlottesville, said fear mongers say we are running
    out of water, but they do not say when. He said understanding Mr. Huja is a problem. He
    said AECOM could not give him a good answer regarding population numbers.
    Ms. Rebecca Quinn, 104 4th St., said you can walk around the Sugar Hollow
    Reservoir during dry periods, and you see no surface inflow. People who want
    streamflow improvements should have to pay for it, not the rate payers. She was
    impressed by the Green City presentation.
    Ms. Dede Smith, 2652 Jefferson Park Circle, said she loved the Green City
    presentation. That we would throw away a natural resource in the Rivanna South Fork
    Reservoir is against our goals as a Green City. Paying for the stream river restoration
    project is a fleecing of City residents.
    Mr. Stratton Salidis, 704 Graves St., said we all agree on the importance of rivers.
    Dredging is far better overall for river health, in addition to preserving the Ragged
    Mountain Natural Area. Building a dam only creates a place for water to go; it does not
    create more water.
    Mr. Ridge Schuyler said the South Fork Rivanna Reservoir may be an asset, but it
    is not a natural asset; it is a manmade asset. We should focus first on restoring our
    natural assets. If we want to have enough water to share with the river, we have to have
    more water capacity than we have today.
    Mr. Neal Williamson , 550 Hillsdaale Dr., said you have too use trends tto support
    facts..
    COUNCIL RESPONSE
    Ms. Szakos thanked Mr. Halbert and Ms. Quinn for presenting the facts without
    making personal attacks. She said Mr. Lloyd should not attack citizens; it lowers the level
    of discourse. She thanked Mr. Schuyler for bringing facts to Council.
    The meeting was adjourned.
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Monday, August 1, 2011, AT 6:00 p.m. IN THE Second Floor Conference
    Room.
    THE PROPOSED AGENDA IS AS FOLLOWS:
    Closed session as provided by Section 2.2-3712 of the Virginia Code
    BY ORDER OF THE MAYOR BY Paige Barfield
    SECOND FLOOR CONFERENCE ROOM — August 1, 2011
    Council met in special session on this date with the following members present:
    Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos.
    On motion by Ms. Szakos, seconded by Ms. Edwards, Council voted (Ayes: Ms.
    Edwards, Mr. Huja, Mr. Norris, Ms. Szakos. Noes: None. Absent: Dr. Brown) to meet in
    closed session pursuant to section 2.2-3712 of the Virginia Code, for (1) Discussion and
    consideration of prospective candidates for appointment to City boards and commissions;
    and for discussion of the compensation for the City Manager, as authorized by Virginia
    Code sec. 2.2-3711 (A) (1); and, (2) Discussion of the acquisition of real property
    located on Davis Avenue for a public purpose, where discussion in an open meeting
    would adversely affect the City's bargaining position, as authorized by Virginia Code
    sec. 2.2-3711 (A) (3) ; and, (3) Consultation with legal counsel regarding the
    negotiation of the terms and conditions of a community water supply cost sharing
    agreement with the Albemarle County Service Authority, as authorized by Virginia Code
    sec. 2.2-3711 (A) (7).
    On motion by Ms. Szakos, seconded by Ms. Edwards, Council certified by the
    following vote, (Ayes: Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos. Noes: None.
    Absent: Dr. Brown), that to the best of each Council Member's knowledge, only public
    business matters lawfully exempted from the open meeting requirements of the Virginia
    Freedom of Information Act and identified in the motion convening the closed session
    were heard, discussed or considered in the closed session.
    COUNCIL CHAMBERS — August 1, 2011
    Council met in regular session on this date with the following members present:
    Mr. Norris, Ms. Edwards, Mr. Huja, Ms. Szakos.

    2
    ANNOUNCEMENTS
    Mr. Norris announced Women's Equality Day on August 26, 2011. Ms. Kobby
    Hoffman and Ms. Jan Dix were present to accept the proclamation.
    Mr. Norris recognized the Derby Dames, the City's official roller derby team. He
    announced the "Virginia is for Shovers" competition on August 6, 2011. A member of
    the Derby Dames spoke on behalf of the team and thanked Council for their support.
    Mr. Norris reminded the public that the second meeting in August is cancelled.
    City Hall is closed on Monday, September 5th. The next meeting will be Tuesday,
    September 6th.
    Ms. Szakos announced the Charlottesville Citizen's Police Academy, beginning
    Monday, August 25th. Meetings will be at CitySpace. Call Sgt. McKean at 566-1436 to
    register. She also announced the following Our Town Council meetings: Thursday,
    September 8th for the Downtown Martha Jefferson neighborhood at CitySpace 6pm-8pm,
    and Thursday, September 2nd at Burley School for the Rosehill/Kellytown neighborhood.
    Mr. Huja encouraged citizens to take part in their primary elections on August
    20th 9am-7pm at Burley School.
    Ms. Edwards announced free sports physicals this Saturday 10am-2pm at
    Westhaven.
    Mr. Norris said the next Movies in the Park is on August 12th at Meade Park; the
    movie Up will be featured.
    Mr. Norris said we lost a third grade teacher, Ms. Dawn Reddick, and extended
    his condolences to the schools and her family. He asked for a moment of silence in her
    honor.
    MATTERS BY THE PUBLIC
    Ms. Tatyanna Patten, 2209 Jefferson Park Ave., said she was moved by Ms.
    Edwards' comments on behalf of Mr. Huja at the last Council meeting and inspired by
    the vote of confidence taken by Council. She is president of the Rivanna Conservation
    Society, and there have been attacks on groups that support the water supply plan. She
    asked Council for a vote of confidence in the environmental community.
    Mr. Richard Statman, 116 Olinda Dr., spoke on the First Amendment. He said
    free speech rights deserve heightened protection during matters by the public, and
    Council should not make comments that seem to deter free speech, regardless of the
    nature of the comments.

    3
    Ms. Pat Napolean, 700 Lyons Ave., defended her objection that citizens cannot
    understand Councilor Huja. She said the labeling of her statement by Ms. Szakos as
    xenophobic was unfair. She asked Council to protect the City's water resources and
    parkland. She encouraged voters to exercise their rights.
    Mr. Richard Lloyd, 1825 Locust Shade Ct., objected to Council members'
    reaction to his comments at the July 18th meeting. He discussed conservation pricing and
    said Charlottesville has the second highest cost of water in the state. He said the AECON
    report does not consider demand and price elasticity.
    Ms. Liz Palmer, 2958 Mechum Banks Dr., and Marsha Levering and Linda
    Goodling, came forward representing the League of Women Voters Natural Resource
    Committee. They support the water plan approved earlier this year by City Council. The
    City/County approved plan, which includes a 30 foot rise in the dam, will save money
    while saving the environment.
    Mr. John Cruikshank, 324 Parkway St., said no one should agree to begin
    construction on McIntire Road Extended before a written plan, design and cost estimate
    has been established. Prevent any road construction from proceeding until there has been
    full disclosure on the plan and a public hearing has been held on the design.
    Mr. Peter Kleeman, 407 Hedge St., said he has inquired with VDOT on the
    proposal for McIntire Park construction without response. He encouraged staff and
    Council to question VDOT about how they plan to move the amount of earth required for
    this project.
    Mr. Paul Long, 1410 Grady Ave., said Charlottesville still has many homeless
    residents and asked Council to appropriate $2 million from the budget to establish
    shelters for the homeless. He said the City should not cease bus services on Sundays or
    holidays.
    Ms. Rebecca Quinn, 104 4th St. S.E., said numbers about the water supply that
    have been published in the last few weeks adds to confusion. She said the South Fork
    Rivanna Reservoir has more water than was previously projected when the water supply
    plan was devised. Council should demand a complete and impartial assessment of today's
    system capacity.
    Mr. Stratton Salidis, 704 Graves St., said the recent cost estimate comparisons
    have not included the pipeline that would be necessary to make the dam plan work. Also,
    he questioned why VDOT is no longer seeking a permit for their road project.
    Mr. Brandon Collins, 536 Meade Ave., said JAUNT is facing high gas prices, and
    they need supplemental funding to avoid reduced services. He thanked Council for
    putting money aside for the Reentry Workforce Program, but he said he was not sure
    $30,000 was enough to get the program sufficiently started. He asked Council to seek
    public input if VDOT changes the plan to build McIntire Parkway.

    4
    Mr. Bill Kitrell, 1781 White Hall, said he was speaking on behalf of five
    environmental organizations, to endorse the City/County water supply plan because it
    provides enough water to meet the needs of both people and nature, while the dredging
    only plan does not.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Mr. Huja said he is sorry Ms. Napolean has trouble understanding him. He has
    worked on being understood, and he will continue to try to improve.
    Ms. Szakos said she found Mr. Statman's comments compelling and thanked him
    for speaking.
    Ms. Edwards said make your haters your elevators. She told the story of the
    coyote and the road runner.
    Mr. Huja said he wanted to acknowledge the assistance provided to Council by
    the environmental groups.
    Mr. Norris apologized to Mr. Collins for inaccurately correcting him at a past
    Council meeting regarding transit funding. He agreed with Mr. Collins that we should
    find a way to support JAUNT and asked Mr. Jones for an update on the matter. Mr.
    Jones said staff has been willing to consider their request for additional funding but will
    wait until we get further into the fiscal year to gain a more accurate picture of their
    financial situation. Mr. Norris said regarding reentry, he views the initial funding as
    simply a down payment.
    Mr. Norris asked Mr. Jones to respond to questions raised by Mr. Kleeman and
    others regarding the status of the McIntire Road project, especially in light of the change
    in VDOT. Mr. Jones said they are in the process of working on a design for a bridge over
    the stream. A preliminary design will be provided by the end of this month. A report will
    be on the September 6th agenda for consideration if the preliminary design is available.
    Movement of the fill has not been addressed; discussion on that point is forthcoming.
    Mr. Norris asked Mr. Jones for an update on the AECOM water demand
    projections, which show approximately a population increase of 30,000 over the next few
    decades. Mr. Jones said staff met with representatives from AECOM. He clarified that
    staff did not provide numbers to them. AECOM has agreed to reevaluate these numbers
    and report back before the public hearing on September 13th.
    Mr. Norris asked what it would take to keep our public transportation system open
    on holidays. Mr. Jones said he can provide this information to Council. Ms. Szakos
    asked staff to examine interim positions as well.

    5
    Mr. Huja announced the appointment of Natasha Sienitsky to the Planning
    Commission. On motion by Mr. Huja, seconded by Ms. Szakos, the appointment carried
    unanimously.
    CONSENT AGENDA
    On motion by Ms. Szakos, seconded by Mr. Huja, the following consent agenda
    items were approved: (Ayes: Mr. Huja, Ms. Edwards, Mr. Norris, Ms. Szakos; Noes:
    None; Absent: Dr. Brown.)
    a. Minutes of July 18
    b. APPROPRIATION: $5,000 — Virginia Commission of the Arts Challenge
    Grant (2nd reading)
    c. APPROPRIATION: $2,774.80 — Federal Bureau of Investigations (F.B.I.)
    Overtime Reimbursement for the Cyber Crimes Task
    Force (2nd reading)
    d. APPROPRIATION: $7,700 — 9/11 Memorial Steel Project Phase I
    (2nd reading)
    e. APPROPRIATION: $1,011,823 — Appropriation of FY 2012 Transit Grants
    (2nd reading)
    f. APPROPRIATION: $97,500 — Virginia Department of Criminal Justice
    Services Neighborhood of Promise Grant (carried)
    g. APPROPRIATION: $65,000 — CASASTART Truancy Prevention Program
    (carried)
    h. APPROPRIATION: Workforce Development Program Carryover Funding
    for FY 2012 (carried)
    i. APPROPRIATION: $182,500 — Charlottesville/Albemarle Adult Drug
    Treatment Court Grant Award (carried)
    j. APPROPRIATION: $65,000 — Teens GIVE Service-Learning and Life Skills
    Program (carried)
    k. RESOLUTION: Reentry Employment Program — Allocation of Funds
    from Reentry Workforce Development Account -
    $30,060
    1. RESOLUTION: Real Estate Assessment System Upgrade $199,232 and
    GIS Web Viewer $50,000
    PUBLIC HEARING/ORDINANCE: TRANSFER OF ELLIOTT LOT TO HABITAT
    FOR HUMANITY (carried)
    Ms. Kathy McHugh presented to Council. Staff asked them to consider the
    transfer of lot two to Habitat for Humanity, not as a for sale lot to Southern Development,

    6
    but as a gift lot to be eventually transferred for use in overall development as part of
    Burnett Commons and in promotion of affordable housing.
    The public hearing was opened.
    Ms. Colette Hall, 101 Robertson Ln., asked for clarification on the use of the lot.
    Having no further speakers, the public hearing was closed.
    Ms. McHugh explained the intended use of the lot for Ms. Hall's clarification.
    On motion by Mr. Huja, seconded by Ms. Edwards, the ordinance carried.
    PUBLIC HEARING/ORDINANCE: RWSA EASEMENT FOR SCHENK'S
    BRANCH INTERCEPTOR (carried)
    Ms. Hildebrand presented to Council. Easements for the first two segments have
    already been granted to Rivanna. Funding for segment three is the responsibility of
    Rivanna. The granting of a permanent easement is scheduled for a public hearing and is
    dependent on Council's passage of tonight's ordinance.
    Landscaping will be handled in the same manner as it was in the past, wherein
    Rivanna will be allowed to plant trees along the easement.
    Mr. Norris clarified that this line has to be upgraded independently of whatever
    roadway project may occur. Ms. Hildebrand confirmed that this was true.
    The public hearing was opened.
    Ms. Colette Hall, 101 Robertson Ln., asked for clarification on past construction
    near the Schenk's Branch site. She asked what would happen if the road through
    McIntire Park was not built.
    Mr. Peter Kleeman, 407 Hedge St., asked if the sewer currently in the requested
    right-of-way would now be maintained by the City. He asked what opportunities for
    plantings would be near the site. He asked if the project would require removal of
    additional tress.
    Having no further speakers, the public hearing was closed.
    Ms. Hildebrand said Rivanna is under consent order by DEQ, and this is in their
    schedule regardless of other road projects.
    Ms. Angela Tucker said the impact of the sewer relocation has been included in
    the MOU. All of these things are taken into account with reviews of historic properties.

    7
    The existing line is not under a former easement but is covered by a multi-party
    agreement that allows for coverage of maintenance.
    Mr. Huja said this is a much needed project. On motion by Mr. Huja, seconded
    by Ms. Szakos, the motion carried.
    PUBLIC HEARING/ORDINANCE: GRANT OF UTILITY EASEMENT UNDER
    JPA AND WEST MAIN STREET TO UVA (carried)
    Mr. Craig Brown presented to Council. The University requested a 40 year
    easement to underground utilities and related facilities under JPA and West Main.
    The public hearing was opened. Having no speakers, the public hearing was
    closed.
    On motion by Ms. Szakos, seconded by Ms. Edwards, the motion carried.
    REPORT/RESOLUTION: SOLID WASTE COST SHARE AGREEMENT FOR
    MCINTIRE RECYCLING CENTER
    Ms. Judy Mueller presented to Council. The cost share is based on last year's
    citizen survey, reflecting a 70/30 split. This will be revisited at the end of six months. At
    this time staff believes the City's share of the cost to make up the deficit can be covered
    by the approved operating budget for solid waste services within the Department of
    Public Works, meeting Council's desire to continue providing this service to our citizens.
    Ms. Szakos asked about service for disposal of florescent light bulbs, batteries,
    etc. Ms. Mueller said there is not sufficient interest in doing this with our partner. It is
    very expensive, but staff will revisit this in six months. In the meantime, we are
    continuing with hazardous household waste collection days. Ms. Szakos clarified that we
    are accepting other plastics. Ms. Mueller confirmed that we are.
    Mr. Norris said he would like to see several items addressed in advance of the six
    month review. He asked that staff work to restore the level of service we had before and
    expand those services at the recycling center. He said he is concerned that hazardous
    waste will be disposed of illegally if services are reduced. Ms. Mueller offered to present
    a menu of what we used to do and what it would cost to bring it back.
    On motion by Mr. Huja, seconded by Ms. Edwards, the resolution passed
    unanimously. (Ayes: Mr. Huja, Ms. Edwards, Ms. Szakos, Mr. Norris; Noes: None;
    Absent: Dr. Brown.)

    8
    REPORT: DOMINION VIRGINIA POWER SYSTEMS UPDATE
    Mr. Scott Reed, External Affairs Manager for Dominion, presented to Council on
    the state of their energy transmission system locally. Mr. Rob McIntyre, Liability
    Manager for the Northwest area, was also present to speak on technical aspects of the
    presentation. He overviewed the Dominion system at a glance, including Dominion's
    efforts at meeting increasing energy demand, Dominion's initiative,
    www.poweringvirginia.com, which is aimed at meeting Virginia's energy needs for the
    21st century, and Smartgrid Charlottesville, which modernizes the grid and uses advanced
    metering infrastructure.
    Mr. McIntyre discussed reliability history, showed storm days for 2010 & 2011
    YTD (Charlottesville has been hard-hit compared to surrounding areas), outlined
    distribution improvement projects, and discussed circuit reconditioning, which is a
    comprehensive program aimed at improving storm resiliency of electric distribution
    circuits. Mr. McIntyre also discussed plans for improving the current transmission
    structure and summarized Charlottesville's reliability investments.
    Ms. Szakos asked for an explanation of how trees are classified as "danger trees".
    Mr. McIntyre said draughts can cause damage and produce dying trees that are distressed
    and can potentially fall. Ms. Szakos asked how many trees would have to be cut down to
    improve this issue. Mr. Hughes said we evaluate trees that could present a conflict for
    our above-ground infrastructure for insects, disease, and draught. Dominion works
    closely with the City forester for circuit work. He could not give an exact number, as the
    pattern is cyclical in nature and dependent on forest pests, for example.
    Ms. Szakos asked about the projected impact of the electric cars project. Mr. Reed
    said the Alternative Energy Solutions Group looks at business opportunities and have run
    with this Electric Vehicle study; they envision 50,000 Electric Vehicles by 2020.
    Dominion remains involved with this change and is well-positioned to account for it.
    Ms. Szakos asked what we can do to help decrease usage. Mr. Reed said users
    can go to www.dom.com and search for "energy conservation" for ideas on how to
    conserve energy. Also, check the EPA and LEAP for resources.
    Mr. Huja said he was pleased Dominion is taking preventive measures in the City.
    He asked how customers can learn more about time-of-day pricing. Mr. Reed said it is
    available on the Dominion website. Literature on different programs is also available. Mr.
    Huja asked why power loss events have increased in the last five years. Mr. McIntyre
    said weather has been a factor, and it will get better. Mr. Huja thanked them for
    becoming more thoughtful in trimming trees. Mr. Huja asked about solar panels. Mr.
    Reed said net metering is used to generate power, and it works to offset consumption. If
    you generate more than you use, credit rolls forward. More robust net metering options
    will be available in the coming months.

    9
    Ms. Edwards asked what we can offer the community when power is out,
    especially to compensate for the loss of food that takes place. Mr. Reed said users can
    access the interactive outage map on the website, as well as estimated time of restoration
    of services so plans can be made accordingly. Also, users may call 866-DOM-HELP.
    Mr. Huja asked if there is a project to join forces with other localities in
    undergrounding utilities. Mr. McIntyre said there is not, but Dominion would be happy to
    work with the City to discuss options.
    Ms. Szakos asked about partnerships with low income/disability housing where
    people do not have a way of getting out. Dominion has a "special conditions" customers
    list that become priorities for restoration during an outage.
    Mr. Norris thanked Dominion representatives for their responsiveness to
    concerns. He commended their support of LEAP and conservation efficiency in general.
    REPORT: COUNCIL PRIORITIES FOR 2011-2012
    Mr. Jones reported on Council's retreat on June 9. He outlined accomplishments
    related to existing Council priorities. Council added "Children" as an eighth priority area,
    which includes reducing infant mortality rate, early childhood education, expanding
    community activities for children and youth, supporting initiatives that work to close the
    achievement gap, and support for healthy families in general.
    Ms. Szakos said Council is not trying to duplicate what the schools are doing, but
    covering the time children and youth are out in the community, at home or on the street.
    Mr. Huja said Council believes it takes a village to raise a child. Ms. Edwards
    said she hopes addressing the infant mortality rate by providing educational opportunities
    and community outreach, particularly meeting people where they are, will be
    emphasized, as well as the importance of safe sleep.
    Ms. Szakos asked staff to look into establishing a Child Task Force for the City to
    work on understanding our needs in this area.
    Ms. Edwards asked about the changes in the Vision Statement and asked if this
    could be brought before Council. Mr. Jones said staff will bring it to the first meeting in
    September. Ms. Edwards requested the opportunity for public comment.
    REPORT: COMMERCIAL PROPERTY UPDATE
    Mr. Chris Engel presented to Council. He explained the success of an initiative
    that has been in place since 2008 regarding retail vacancies. The most recent survey from
    early July of this year shows our overall vacancy rate has decreased by over 2% since
    January, with the overall rate being considerably lower than the national average.

    10
    Mr. Norris asked what the decrease was attributed to. Mr. Engel said it is difficult
    to say precisely, but the numbers track fairly consistently with the unemployment rate.
    Mr. Norris asked what services are available for small business owners. Mr. Engel said
    we partner with the Small Business Development Center and provide free counseling and
    assistance. The Office of Economic Development also spends time working individually
    with small businesses in developing their business plans.
    REPORT: FUNDING PRIORITIES FOR NONPROFIT AGENCIES — STEERING
    COMMITTEE AND STAFF RECOMMENDATIONS
    Ms. Gretchen Ellis presented to Council. Staff requested more guidance for
    outside evaluation of programs after their presentation earlier in the summer.
    Mr. Huja and Ms. Edwards said they were disappointed that arts and festivals are
    included in this process. Ms. Ellis said representatives from the festivals are the ones who
    said they wanted to be included. Mr. Ryan Davidson confirmed that the festivals were
    concerned they would be marginalized if they were not included in the process. As a
    compromise, staff will have festivals go through the application but be reviewed by a
    specialized group with expertise in arts and cultural funding.
    Ms. Edwards asked that staff remain vigilant throughout this process and evaluate
    how well this will work, especially for festival planners. Give them a chance to come
    back to the table after this year. Ms. Ellis said staff will survey organizations for feedback
    about the process after applications are processed.
    Mr. Norris said regarding state feedback on beneficiaries, a third bullet should be
    included involving a focus group of low income stakeholders to inform the budget review
    process and ask groups such as QCC and JABA to advise and give input as to how
    organizations are evaluated.
    Ms. Edwards said staff should examine the opportunity to connect this with the
    workforce initiatives and community service that some public housing residents are
    required to complete.
    On motion by Ms. Szakos, seconded by Mr. Huja, Council accepted the report as
    amended. (Ayes: Ms. Szakos, Mr. Huja, Mr. Norris, Ms. Edwards; Noes: None; Absent:
    Dr. Brown.)
    MATTERS BY THE PUBLIC
    Ms. Rebecca Quinn, 104 4th St., thanked Council for the report on population and
    the demand analysis. Council should ask Rivanna to reschedule their public hearing so
    Council can get the new report before the meeting.

    11
    Ms. Dede Smith, 2652 Jefferson Park Cir., said Council should have control over
    greenspace at Elliott Avenue. She passed around data for streamflow in the Moormans
    for 2009. Using the water behind the dam to ensure natural flows when it goes below
    crest is the best way to control for flow. Increase the pipeline and dredge.
    Ms. Colette Hall, 101 Robertson Ln., asked why the League of Women Voters is
    blatantly biased. Their purpose should be to promote voting, not to sway voters on what
    to vote for. Council should ensure transparency from VDOT regarding the new design of
    McIntire Road Extended. Ms. Mueller failed to say that 70% was county, 30% was City
    regarding the recycle center, for clarity. The City should ask users to pay a small fee for
    discarding CFLs to defray cost. CFLs were never included in the listing of accepted
    materials for bulk waste days in the spring. Please ask visiting staff to speak into the
    microphone, because home viewing audience cannot hear if they do not.
    Mr. Stratton Salidis, 704 Graves St., said the cost of dredging does not include the
    cost of the pipeline. VDOT should have come to the City before taking the permit
    requirement away. No construction should start before a public hearing.
    The meeting was adjourned.
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Tuesday, September 06, 2011, AT 6:00 p.m. IN THE Second Floor
    Conference Room.
    THE PROPOSED AGENDA IS AS FOLLOWS:
    Closed session as provided by Section 2.2-3712 of the Virginia Code
    BY ORDER OF THE MAYOR BY Paige Barfield
    SECOND FLOOR CONFERENCE ROOM – September 6, 2011
    Council met in special session on this date with the following members present:
    Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos.
    On motion by Ms. Szakos, seconded by Dr. Brown, Council voted (Ayes: Dr.
    Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos. Noes: None) to meet in closed
    session pursuant to section 2.2-3712 of the Virginia Code, for 1) Discussion of the
    acquisition of real property located on Davis Avenue for a public purpose, where
    discussion in an open meeting would adversely affect the City’s bargaining position, as
    authorized by Virginia Code sec. 2.2-3711 (A) (3) ; and, 2) Consultation with legal
    counsel regarding the negotiation of the terms and conditions of a community water
    supply cost sharing agreement with the Albemarle County Service Authority, as
    authorized by Virginia Code sec. 2.2-3711 (A) (7).
    On motion by Ms. Szakos, seconded by Dr. Brown, Council certified by the
    following vote, (Ayes: Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos.
    Noes: None), that to the best of each Council Member's knowledge, only public business
    matters lawfully exempted from the open meeting requirements of the Virginia Freedom
    of Information Act and identified in the motion convening the closed session were heard,
    discussed or considered in the closed session.
    COUNCIL CHAMBERS – September 19, 2011
    Council met in regular session on this date with the following members present:
    Mr. Norris, Ms. Edwards, Mr. Huja, Ms. Szakos, Dr. Brown.
    ANNOUNCEMENTS
    Mr. Norris read a proclamation regarding Truancy Prevention. Mr. Rory
    Carpenter, the Juvenile Justice Coordinator for JJAC, was present to accept.
    2
    Mr. Norris read a proclamation in honor of National Payroll Week. Mr. Darrell
    Kozuch from the UVA Human Resources department was present to accept the
    proclamation.
    The Jefferson School Partners groundbreaking will be September 14th at 11:00
    a.m. on the Jefferson School site. Mr. Martin Burks and Mr. Steve Blaine were present to
    speak about the event. The group is also raising money for the Heritage Culture Center.
    Mr. Norris announced that Jennifer Luchard, the City’s Procurement and Risk
    Manager, received the National Purchasing Manager of the Year. Ms. Luchard thanked
    Council for the recognition and the opportunity to work for the City.
    Ms. Szakos announced the 10th Anniversary of 9/11 at the Pavilion on the
    Downtown Mall at 5:00 p.m. on September 11th. She also announced the Our Town
    meeting on Thursday, September 8th for North Downtown/Martha Jefferson
    neighborhood at CitySpace and September 22nd at Burley School for the Rose Hill and
    Kellytown neighborhoods.
    Mr. Huja announced Shrek in 3D Friday, September 9th at Forest Hill Park. Also,
    the Master Planning for the East Side of McIntire Park has three meetings beginning
    September 26th at the MLK Performing Arts Center. He also announced the Community
    Job Fair on Thursday, September 29th 10am-3pm at John Paul Jones Arena. Call Ms. Lee
    at 970-3117 for more information.
    Ms. Edwards announced the start of the 2011-12 school year. She encouraged
    parents to read the Parent Information Guide. Contact your child’s teacher or school
    principal if you have questions. Please stay involved with your child’s schooling. Also,
    all 11th graders received letters regarding their graduation status. Contact your child’s
    guidance counselor or school principal if you have questions. Please be mindful of the
    school busses on the roads, and drive carefully.
    Ms. Edwards asked to speak on several items during Other Business.
    Mr. Norris said Friday September 30th is our 2011 Government Services Day on
    the Downtown Mall from 10am-2pm.
    Mr. Norris announced Lighthouse Studio 10th Annual Film Festival Friday
    September 9th at the Jefferson Theatre. Charlotte Cherry introduced a clip from her
    documentary on Winneba.
    MATTERS BY THE PUBLIC
    Mr. Paul Long, 1410 Grady Ave., spoke on job creation in the City and
    surrounding areas. He asked Council to take the initiative to create new jobs through a
    3
    Public Works/Public Jobs program, to be funded by a special tax on City banks. The City
    should share its growth with all segments of the community.
    Ms. Joanna Salidis, 129 Goodman St., asked Council to give appropriate feedback
    to AECOM regarding their water demand forecast, specifically to reduce the resident
    water use per resident, per year.
    Mr. Robert McAdams, 2211 Williamsburg Rd., said he represents a broad
    coalition of civic organizations who want to make the International Day of Peace a
    recognizable day on the calendar. He asked Council to officially commemorate an
    International Day of Peace through a resolution and designate someone from staff to
    facilitate communications.
    Mr. Mark Kavit, 400 Altamont St., thanked Council for the neighborhood grant
    money they made available early this year. The neighborhood association used the funds
    to create a newsletter, redo the roundabout at Park Lake, revamp their website, and
    update their RSS feed. They also created a Beautification Award and have given out
    three so far. They were awarded to Citgo Station in Stockton Oak for their relandscaping
    of their entranceway, Queen Charlotte for maintaining their property, and
    Fellini’s restaurant for the maintenance they do around their block.
    Mr. Rick Turner, 1663 Brandywine Dr., is the president of the Alb/Ch’ville
    NAACP. On August 7th, the Daily Progress printed a letter to the editor from Mr. Eugene
    Williams, “Radical Experiences Still Going On”. There are times when the Downtown
    Mall seems to be for white people only. He said the community and the Chamber of
    Commerce is silently sanctioning things the way they are. The City should take the
    Dialogue on Race to the downtown mall and open a conversation with offices, merchants
    and businesses to offer employment opportunities for black citizens to create a more open
    environment for all.
    Mr. Brandon Collins, 536 Meade Ave., said he shares Dr. Turner’s sentiments.
    There are a lot of people who are unemployed and cannot make ends meet. Public Works
    is a way to get people employed in the City. He urged Council to get involved with the
    Living Wage Campaign at UVA and asked for a more aggressive stance towards the
    living wage.
    Ms. Nikuyah Walker, 503 Druid Ave., sent a letter on August 30th regarding the
    Region 10 Community Services Board. She outlined some of the issues at Region 10 and
    asked Council to intervene.
    Mr. Richard Lloyd, 1825 Locust Shade Ct., said he was asked to look at the
    Belmont Bridge by several citizens. The bridge was built in a different era for different
    reasons to a different set of constraints. Please examine why it is so long. The exit side
    on Belmont is confusing and blocks traffic. Consider building a smaller, shorter, lower
    bridge.
    4
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Mr. Huja said the idea of an International Day of Peace is a worthy topic to
    support and looks forward to doing so at the next meeting.
    Ms. Szakos said she concurred, and we should think about peace not only in terms
    of wars but also how we treat each other locally. She thanked Mr. Lloyd for his
    interesting history on the Belmont Bridge. She addressed Mr. Collins and said there are
    some ways in which the City is looking at the Reentry Program, which is the sort of
    project he is advocating.
    Dr. Brown thanked Dr. Turner for bringing his comments to Council. Mr. Eugene
    Williams has a history of bringing important issues to the white community. Good will
    come out of it now that it has been brought to attention.
    Ms. Edwards said African Americans have the perception of not being welcomed
    on the mall. The Dialogue on Race gives us another opportunity for open dialogue within
    the Downtown Business Association. She asked Mr. Jones to follow up on how this can
    be added to the agenda for the next DOR meeting. She said the City should follow up
    with Ms. Walker’s concerns, because we fund Region 10, and perhaps there are ways we
    can ask some accountability questions. She thanked her for coming forward publically.
    Regarding Workforce development, we are all well-aware of the workforce issues that
    affect us, and even though Charlottesville may have lower unemployment rates, there is
    still a large part of our population that is excluded. It is important to implement a policy
    like Section 3. She thanked Ms. Salidis for her presentation. She thanked Mr. Lloyd for
    the history lesson on the Belmont Bridge.
    Nr. Norris thanked Mr. McAdams for coming forward about the International Day
    of Peace. He thanked Ms. Walker for coming forward to point out issues we need to
    address. Regarding Mr. Collins’ event yesterday, he said he was taken aback by the way
    his sentiments were characterized. He said many positive things about the issues
    Councilors have brought forward. He said Dr. Turner and Mr. Williams made some
    excellent points, and the issue goes beyond the Downtown Mall. There is a real issue in
    our community regarding representation within our workforce and our class of
    professionals. We have a long way to go to become a true community of choice for
    professionals of color, and we should step up our efforts to engage the private and public
    sectors for retaining and recruiting a more diverse workforce.
    CONSENT AGENDA
    Dr. Brown asked to pull item l, Street Naming Policy. Mr. Huja asked to pull
    item j, Acquisition of Property.
    5
    On motion by Ms. Szakos, seconded by Dr. Brown, the following consent agenda
    items were approved with exception of item l and item j: (Ayes: Mr. Huja, Ms. Edwards,
    Mr. Norris, Ms. Szakos; Dr. Brown; Noes: None.)
    Mr. Norris read the Burley resolution aloud.
    a. Minutes of August 1
    b. APPROPRIATION: $97,500 – Virginia Department of Criminal Justice Services
    Neighborhood of Promise Grant (2nd reading)
    c. APPROPRIATION: $65,000 – CASASTART Truancy Prevention Program (2nd
    reading)
    d. APPROPRIATION: Workforce Development Program Carryover Funding for
    FY 2012 (2nd reading)
    e. APPROPRIATION: $182,500 – Charlottesville/Albemarle Adult Drug
    Treatment Court Grant Award (2nd reading)
    f. APPROPRIATION: $65,000 – Teens GIVE Service-Learning and Life Skills
    Program (2nd reading)
    g. APPROPRIATION: $452,704 – Virginia Juvenile Community Crime Control
    Act Grant (VJCCCA) (carried)
    h. APPROPRIATION: $22,130.50 – FY2012 Friendship Court Sponsorship
    Agreement for Enhanced Police Coverage (1st Quarter)
    (carried)
    i. RESOLUTION: Temporary Grading & Construction Easement – Jefferson
    School
    j. RESOLUTION: Acquisition of 4.515 Acres of Meadow Creek Stream
    Valley Land
    k. RESOLUTION: Acceptance of Hillsdale Dr.
    l. RESOLUTION: Honorary Street Naming Policy
    m. RESOLUTION: Honorary Street Name – Jackson P. Burley on Rose Hill
    Drive from Preston to Madison
    n. RESOLUTION: Fiscal Year 2012 Performance Contract between Region
    Ten and the Virginia Department of Mental Health, Mental
    Retardation & Substance Abuse Services
    o. RESOLUTION: Transfer of Funds to Wayfinding Account in the Capital
    Projects Fund - $43,113.09
    p. RESOLUTION: Silverbacks Donation
    q. RESOLUTION: Transfer of Funds in the Capital Projects Fund - ClearPoint
    Performance Measurement Scorecard Software - $12,000
    r. RESOLUTION: Police Locker Room Project – Transfer of $12,365.40
    s. ORDINANCE: Transfer of Elliott Lot to Habitat for Humanity (2nd
    reading)
    t. ORDINANCE: RWSA Easement for Schenk’s Branch Interceptor (2nd
    reading)
    u. ORDINANCE: Grant of Utility Easement under Jefferson Park Avenue and
    West Main Street to the University of Virginia (2nd reading)
    v. ORDINANCE: Infrastructure Maintenance Bonds (carried)
    6
    w. ORDINANCE: IPP for Stadium Rd. (carried)
    PUBLIC HEARING/RESOLUTION: PRIORITIES FOR CDBG PROGRAM YEAR
    12-13
    Ms. Thackston presented to Council. She reviewed the decisions staff asked
    Council to make, including setting priorities for CDBG & HOME programs, determining
    if a Priority Neighborhood should be designated, determining the percentage for Social
    Programs (up to 15%), administration and planning, and any additional guidelines
    Council may wish to give in determining how funds should be spent.
    Ms. Szakos asked about the Fifeville Task Force composition.
    The public hearing was opened.
    Mr. Brandon Collins, 536 Meade Ave., said current priorities should remain the
    same. We could go for another SRO. We should provide infrastructure upgrades for
    people with disabilities to accommodate an aging population.
    Having no further speakers, the public hearing was closed.
    Ms. Szakos asked if there is any thought about trying to figure out how to make
    sure groups understand the staff time necessary to put together a grant before making a
    small monetary request. She asked if there is a way to collectively take on the reporting
    onus so small groups can get money for their contracting. Ms. Thackston said that is a
    possibility, but HUD requirements make it difficult.
    Mr. Norris asked if adding a priority regarding people with disabilities is an
    eligible CDBG activity.
    Ms. Edwards said the area that’s growing in our community is health care
    services.
    Mr. Huja said there is money for ADA requirements, so we do not have to spend
    CDBG money for that.
    On motion by Mr. Huja, seconded by Dr. Brown, the resolution passed. (Ayes:
    Mr. Huja, Ms. Edwards, Mr. Norris, Ms. Szakos; Dr. Brown; Noes: None.)
    Dr. Brown asked what we are looking for in a priority neighborhood, and why we
    should focus on Fifeville rather than other neighborhoods.
    Mr. Huja said it takes a fair amount of money to make an impact on a
    neighborhood. Ms. Szakos said she does not want to lose track of the clinic in subsequent
    years.
    7
    PUBLIC HEARING/RESOLUTION: APPROVAL OF OUTSIDE FINANCING FOR
    BLUE RIDGE COMMONS
    Ms. Allyson Davies presented to Council. Staff recommends Council approve the
    issuance of bonds to fund financing for the renovation of units for low and moderate
    income families within Charlottesville. These bonds will not be considered a debt for the
    City by virtue of the City’s consent.
    The public hearing was opened.
    Ms. Colette Hall, 101 Robertson Ln., thanked Council for their clarification that
    the City is not responsible to pay back bonds. She asked why Waynesboro wants to
    invest in Charlottesville.
    Having no further speakers, the public hearing was closed.
    Mr. Huja asked if Waynesboro was charging a fee. Ms. Davies said yes, it is a
    source of income for them.
    Ms. Szakos asked if Charlottesville should be looking at this as a possible revenue
    stream, as there is a need for it in this community. Ms. Davies said looking at this project
    is a good starting point for assessing.
    On motion by Ms. Szakos, seconded by Mr. Huja, the resolution passed.
    (Ayes: Mr. Huja, Ms. Edwards, Mr. Norris, Ms. Szakos; Dr. Brown; Noes: None.)
    Mr. Huja asked if this project could provide the neighborhood job opportunities.
    Ms. Edwards asked if this is strictly rehabilitation, not additional units. Ms.
    Davies said that was correct. Ms. Edwards said she wants to be sure residents are aware
    of the process and their right to return.
    Ms. John Bolton, with Community Housing Partners, Richmond VA, spoke about
    resident involvement in the project. Ms. Szakos encouraged them to use apprenticeships
    on this project. Ms. Edwards asked how it would affect children and asked if there was
    sensitivity to people who used English as a second language.
    Mr. Brown said staff will transmit the will of Council in the cover letter.

    8
    REPORT/RESOLUTION: VDOT TEMPORARY CONSTRUCTION EASEMENT
    FOR SCHENK’S BRANCH INTERCEPTOR RELOCATION
    Ms. Angela Tucker presented to Council. VDOT has tentatively agreed to issue a
    change order to their McIntire Road Extended construction contract so that a portion of
    the interceptor can be relocated and replaced as a part of the contract. Staff recommends
    approval of the temporary construction easement to VDOT for the relocated Schenk’s
    Branch Interceptor.
    On motion by Dr. Brown, seconded by Mr. Huja, the resolution passed
    unanimously. (Ayes: Mr. Huja, Ms. Edwards, Ms. Szakos, Mr. Norris, Dr. Brown; Noes:
    None.)
    REPORT/RESOLUTION: HOUSING ADVISORY COMMITTEE REPORT – USE
    OF CHARLOTTESVILLE HOUSING FUND
    Mr. Tolbert presented to Council and reviewed the items outlined in the materials.
    Staff will take items that have support to Council and others back for more HAC
    discussion. He outlined the work that has been done on existing projects.
    On motion by Dr. Brown, seconded by Ms. Szakos, the resolution passed
    unanimously. (Ayes: Mr. Huja, Ms. Edwards, Ms. Szakos, Mr. Norris, Dr. Brown; Noes:
    None.)
    REPORT/ORDINANCE: SPOT BLIGHT ABATEMENT – 704 MONTROSE (carried)
    Mr. Tolbert presented to Council and refreshed them on the issue, which was
    originally presented on July 5, 2011. He described what had taken place since that date.
    Staff recommends demolition of the building, in agreement with the Planning
    Commission’s decision. There is a possible interested buyer, but passing this on a first
    reading would not prevent a sale, should one come to fruition.
    Ms. Edwards said she is sorry we have to make this decision, and the bottom line
    is safety.
    Mr. Norris invited Mr. Rogers to speak. Mr. Rogers said he has the funds to have
    the house demolished and will not need the City’s funds to do so. He wanted to remove
    some belongings from the home before demolition.
    Mr. Norris asked Mr. Tolbert when the demolition would be required. Mr.
    Tolbert said the end of October would be a reasonable time. Staff will follow up as
    required with Mr. Rogers.
    9
    Ms. Szakos clarified that the home has not been lived in for 30 years. Mr. Tolbert
    said this property will still belong to Mr. Rogers after the house is demolished.
    On motion by Dr. Brown, seconded by Ms. Edwards, the ordinance carried.
    REPORT: LOCAL CLIMATE ACTION PLANNING PROCESS REPORT
    Ms. Riddervold presented a slide show to Council. She outlined the process, the
    LCAPP Steering Committee work, products that came from the LCAPP, and other
    Community Co-Benefits of Climate Action, Recommended Principles, recommended
    next steps, and concurrent community activities.
    She thanked Dr. Brown for his long-term involvement and commitment to this
    project. She turned the presentation over to Dr. Brown. He said he would like to figure
    out a way to keep the community involved and committed. He thanked Ms. Riddervold
    and her staff for their work.
    Mr. Norris thanked Dr. Brown for his leadership and thanked Ms. Riddervold for
    her work.
    Ms. Szakos asked if there is a reporting mechanism in place for seeing what the
    results of the planning process are. Ms. Riddervold said there is. Ms. Szakos said
    employment is an ancillary benefit within the community.
    REPORT: COUNCIL VISION STATEMENT UPDATE
    Mr. Jones presented to Council on their decision to update the vision statement.
    He reviewed the changes, including the addition of a ninth focus, “Community of Mutual
    Respect”. These changes came primarily at the suggestion of the Dialogue on Race work
    group.
    Ms. Shephard spoke and thanked Council for their consideration and revisions.
    On motion by Mr. Huja, seconded by Ms. Szakos, Council approved the revised
    Vision Statement. (Ayes: Dr. Brown, Ms. Edwards, Mr. Norris, Mr. Huja, Ms. Szakos;
    Noes: None.)
    REPORT: MCINTIRE ROAD EXTENDED BRIDGE
    Mr. Tolbert presented to Council on design information obtained from VDOT
    regarding the bridge.
    10
    Mr. Huja asked if the bridge could be modified for certain pedestrian activity use.
    Mr. Tolbert said anything is possible, but there would be design issues and moving the
    trail to the other side was discussed at length by Council. Mr. Grant Sprinkle with VDOT
    said it would be problematic to make the change at this time. There will be a flat area
    under the bridge on the south side that should be wide enough for pedestrian activity. A
    full ten foot trail would be difficult, but an informal trail could be done.
    Mr. Norris asked how construction of the bridge might affect the way the whole
    project is constructed, especially regarding truck routes. Mr. Sprinkle said there will be a
    temporary crossing at that location.
    REPORT: WATER DEMAND ANALYSIS POPULATION PROJECTIONS
    Mr. Tolbert presented to Council regarding staff’s meetings with AECOM and
    RWSA. Although projecting population so far into the future is difficult, all parties
    agreed that the original population projection of 71,000 was too high. The parties devised
    a revised projected population figure of 63,482. The numbers were developed by
    AECOM for the purpose of the Water Demand Analysis and will not be used for any
    other purpose by City staff at this time.
    Troy Kinser from AECOM was present to answer questions.
    Mr. Norris asked if we should also consider this projection when considering
    other City services. Mr. Tolbert said consistency is important. Staff is beginning the
    comprehensive planning process and will review the numbers and be as consistent as
    possible. Typically you do not use a 50-year projection in comprehensive plans.
    Mr. Norris asked what the revised demand projection was based on the population
    reduction. Mr. Kinser said the current projection with the revised figures is 16.96 mgd
    for the urban service area. Last time it was 17.2. Mr. Norris asked if those figures
    included Crozet. Mr. Kinser said this was only for water in the urban area. Mr. Norris
    asked for the 2055 projection. Mr. Kinser said it was 16.17 for 2055 for the urban area.
    Mr. Norris said the current supply plan generates 18.7 per day for 2055. The number
    from DEQ states 16.8 gpd, which would be more than sufficient.
    OTHER BUSINESS: MS. EDWARDS’ “BUCKET LIST”
    Ms. Edwards said one thing we talked about at our retreat is an apology for
    Vinegar Hill. She asked for this to be placed on an upcoming agenda. She requested a
    forum regarding Race, Place and Redevelopment. The apology could be tied in with this
    conversation.
    She asked for a follow up on previous poverty work sessions in October or
    November, but she would like to address it in a different way. We have systemic
    11
    strategies to address poverty, including an update on the “Bank On” initiative and an
    update on the Promise Neighborhood initiatives. Mr. Norris also asked for a report from
    the Reentry Workshop from last week. Dr. Brown asked for these reports to occur at
    Council meetings in order to reach a wider audience. Ms. Szakos said we could have a
    televised work session in Chambers. Mr. Jones will follow up on possible dates for a
    work session.
    Ms. Edwards said she wanted to examine the idea of an elected mayor. She spoke
    with several members of the political community to see what the feeling is on this topic.
    She asked for the conversation to be as inclusive as possible, with an opportunity for
    public input. It is important to have a transparent process.
    Ms. Edwards said there was a lack of African American representation on the
    ballot for the Democratic primary. This is an opportunity for the Dialogue on Race
    (DOR) to explore how we can have a meaningful conversation in our City about
    participation. It is important to examine how we define a “minority”. The Souls of Black
    Folks was an important book that came up during the DOR reentry summit.
    We do not have a sign in our hometown that says “Home of the Charlottesville
    Black Knights”, and it is important to support our home team.
    The “MLK Performing Arts Center” should have Martin Luther King, Jr. spelled
    out.
    Ms. Szakos said The Souls of Black Folks should be required reading for Council.
    Regarding the Black Knights sign, she asked of the boosters for the high school could
    help with funding for this project. She asked staff to compile a list of people who lived in
    the Vinegar Hill area and owned businesses in order to invite them to the apology and
    make it personal.
    Mr. Huja said we should pursue Ms. Edwards’ ideas as soon as possible. Mr.
    Jones said we will bring Vinegar Hill to Council in October. We are looking at design
    sketches for the Home of Black Knights signs. We have run into procurement issues, but
    we are still working on it, including appropriate location of the signs.
    OTHER BUSINESS: STREET NAMING POLICY
    Dr. Brown said he is concerned that we are not setting the bar high enough for
    honoring people by naming a street for them. We set a good precedent by naming one for
    Jackson Burley, but we should not lessen the importance by subsequently using such
    weak criteria.
    Also, the policy should be limited to honoring people, not entities or events.
    Additional language should say “Honorary street names should be limited to individuals
    who have made important and lasting contributions to the City.” Also, the street being
    12
    named should have some connection to the individual. We should reserve the recognition
    for someone who has not already been recognized in some other way.
    Mr. Huja said Dr. Brown’s ideas are an excellent improvement to the policy. Mr.
    Norris agreed. Ms. Szakos said if someone has received a previous honor, it may have
    been small and should not disqualify them.
    Dr. Brown asked staff to revise the policy and bring it back to the next meeting.
    Mr. Tolbert will do so.
    OTHER BUSINESS: ACQUISITION OF PROPERTY
    Mr. Huja asked why the City is trying to acquire the property in question. Mr.
    Daly said this is a mutual agreement between the City and the seller. The ownership
    group is the Cannon/Hearthwood Limited Partnership. The price is based upon an
    independent appraisal. The portion of the parcel is the floodplain portion of the parcel
    and is a critical portion of the stream restoration project. Mr. Huja objected that there was
    not an opportunity to discuss this in closed session.
    Ms. Szakos said she did not see a problem. Mr. Jones said it was not put on a
    closed session agenda because the price was not as significant as with other transactions.
    Mr. Huja said he wants the process to include a closed session discussion for the future.
    On motion by Mr. Huja, seconded by Dr. Brown, the resolution passed
    unanimously (Ayes: Dr. Brown, Mr. Huja, Mr. Norris, Ms. Edwards, Ms. Szakos; Noes:
    None.)
    MATTERS BY THE PUBLIC
    Ms. Colette Hall, 101 Robertson Ln., requested that money amounts be published
    on the consent agenda, including resolutions that include a monetary aspect. She said she
    takes numbers for population projections with a grain of salt, because it is not possible to
    project so far into the future.
    Mr. Richard Lloyd said the Weldon Cooper Center does forecasts. They are
    trained, experienced, and credentialed to do so. Mr. Jones said we asked Weldon Cooper
    to do the projection, and they declined.
    Mr. Stratton Salidis, 704 Graves St., said a flyer sent out by the Monticello
    Business Alliance supporting Mr. Huja and Ms. Galvin for Council and should be
    denounced by Mr. Huja and Ms. Szakos because it contained misleading information
    about the water supply plan.
    Ms. Nikuyah Walker, 503 Druid Ave., said she wanted to address her motivation
    for requesting community regulation and oversight of Region 10. There were seven items
    on the agenda related to substance abuse.. Care citizens should receive is not there. Do
    not simply have this conversation with Region 10 and the leadership team, but speak with
    community partners such as OAR and other state offices, current and former employees,
    and DDSS agencies in the Cityy and surrounnding countiies. Substancce abuse is aa problem
    that impacts all groups in our community.
    Mr. Norris thanked her for sharing with Council.
    The meeting was adjourned.
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Monday, September 19, 2011, AT 6:00 p.m. IN THE Second Floor
    Conference Room.
    THE PROPOSED AGENDA IS AS FOLLOWS:
    Closed session as provided by Section 2.2-3712 of the Virginia Code
    BY ORDER OF THE MAYOR BY Paige Barfield
    SECOND FLOOR CONFERENCE ROOM – September 19, 2011
    Council met in special session on this date with the following members present:
    Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos.
    On motion by Ms. Szakos, seconded by Ms. Edwards, Council voted (Ayes: Dr.
    Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos. Noes: None) to meet in closed
    session pursuant to section 2.2-3712 of the Virginia Code, for 1) discussion of the
    acquisition of the following real properties for public park uses, where discussion in an
    open meeting would adversely affect the City’s bargaining position or negotiating
    strategy, as authorized by Virginia Code sec. 2.2-3711 (A)(3): approximately 1.94 acres
    on Jefferson Park Circle adjacent to Fry’s Spring Beach Club; approximately ½ acre at
    the end of McElroy Court; approximately ½ acre on the U.S. Route 250 Bypass near the
    western end of Grove Road; and, approximately 4 acres in the City and Albemarle
    County near Jordan Park; and (2) consultation with legal counsel regarding the
    negotiation of the terms and conditions of a community water supply cost sharing
    agreement with the Albemarle County Service Authority, as authorized by Virginia Code
    sec. 2.2-3711 (A)(7); and 3) discussion and consideration of prospective candidates for
    appointment to City boards and commissions, as authorized by Virginia Code sec. 2.2-
    3711 (A)(1).
    On motion by Ms. Szakos, seconded by Mr. Huja, Council certified by the
    following vote, (Ayes: Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos.
    Noes: None), that to the best of each Council Member's knowledge, only public business
    matters lawfully exempted from the open meeting requirements of the Virginia Freedom
    of Information Act and identified in the motion convening the closed session were heard,
    discussed or considered in the closed session.
    COUNCIL CHAMBERS – September 19, 2011
    Council met in regular session on this date with the following members present:
    Mr. Norris, Ms. Edwards, Mr. Huja, Ms. Szakos, Dr. Brown.
    2
    Ms. Edwards introduced Will Cooke, Choral Director at Charlottesville High
    School. His choir performed The Star-Spangled Banner.
    Dr. Brown recognized the community’s loss of long-term resident Ms. Marion
    Elwood.
    ANNOUNCEMENTS
    Mr. Norris recognized members of the community who undertook a Summer
    Food Ministry program. Pastor Hamilton of First Baptist Church and his volunteers
    served 1,250 children meals as part of the program.
    Mr. Norris read a proclamation for Family Day, September 26th, and encouraged
    citizens to eat dinner as a family. Mr. Bob Garrity with Safe Schools, Healthy Students
    was present to accept the proclamation.
    Mr. Norris read a proclamation in support of International Day of Peace on
    September 21st. Mr. Bob McAdams was present to accept the proclamation.
    Mr. Norris read a proclamation declaring October as Domestic Violence
    Awareness month. Ms. Robin Goldstein from the Shelter for Help in Emergency (SHE)
    was present to accept the proclamation.
    Mr. Norris read a proclamation in support of the Better Business Challenge and
    asked business leaders to participate in the challenge. “Better World Betty” Teri Kent
    was present to accept the proclamation.
    Ms. Edwards read a proclamation declaring September as Infant Mortality
    Awareness Month. Peggy Brown with the Thomas Jefferson Health District and Sharon
    Veith were present to accept the proclamation. They announced a summit on October 18th
    and a safety program in Charlottesville that distributes portable cribs for families to
    provide safe sleep for their infants.
    Ms. Szakos announced the Department of Communications received an Award of
    Excellence for best overall website in the country and for Best Public Service
    Announcement for the “Love Somebody” campaign. She thanked everyone in the
    Department of Communications for their great work.
    She also announced the next Our Town meeting on Thursday, September 22nd, at
    6pm at Burley School for the Rose Hill and Kellytown neighborhoods.
    Mr. Huja said the Community Job Fair will be held Thursday, September 29th at
    the John Paul Jones Arena, from 10:00 am – 3:00 pm. Friday September 30th at noon, the
    City Hall Plaza will be temporarily renamed the “Celebrate 250 Plaza” in preparation for
    the kick-off of the City’s 250th year anniversary. Coy Barefoot will present a program at
    3
    1:00 pm in Chambers. A gala will be held on Monday, November 12, 2012. Call Ric
    Barrick at 970-3129 for more information.
    Mr. Norris announced Government Services Day on Friday, September 20th from
    10:00 am – 2:00 p.m. on the Downtown Mall. There is also an important series of
    meetings coming up regarding the future of the east side of McIntire Park. The first one is
    September 26th at 6:30 pm at the MLK Performing Arts Center.
    Ms. Edwards asked to place an update on her meeting with the Downtown
    Business Association under Other Business.
    Mr. Norris asked to place a request from Equality Virginia to prohibit
    discrimination against employees based on gender identity discrimination or sexual
    identification under Other Business.
    MATTERS BY THE PUBLIC
    Ms. Cherie Seise, 210 Sunset Ave., said she is here on behalf of Virginia
    Organizing. They recently held a Dismantling Racism workshop, and an issue of great
    concern is that among Charlottesville City employees, people of color are
    underrepresented at the supervisory and managerial positions.
    Ms. Janyce Lewis, 832 A. Hardy Dr., said she is here to address the
    underrepresentation of people of color among City employees in supervisory and
    managerial positions. She asked Council to develop and implement a strategy to combat
    racism in hiring practices. She made several requests of the City’s Human Resources
    department in order to address the issue.
    Ms. Jona Noelle Bailey, 130 Appletree Rd., with Virginia Organizing, said the
    City’s current hiring practices are contributing to minority groups being forced to move
    or commute to other cities because of inadequate job opportunities in Charlottesville.
    Ms. Thomasine Wilson, 4080 Cypress Pointe Dr., said the City should make
    hiring minorities a high priority and identify why people of color do not hold managerial
    positions. She asked Council to hold a work session to solve these issues, to hold City
    departments accountable for advancing racial equity in managerial positions, and
    establish guidelines for measuring progress in these areas.
    Mr. Brandon Collins, 536 Meade Ave., said he supports the idea of an anonymous
    survey about issues of race and having a work session, including participants from
    Virginia Organizing. He thanked Council for the Peace Day Proclamation and said he
    supports the letter regarding state funding. He said he is excited for the report on CAT
    services and asked Council to get more information for the cost of full service on
    Sundays and holidays. He asked why PHAR was not included in the hiring process for
    the Section 3 coordinator position.
    4
    Mr. Andrew Williams, 501A Rives St., applauded the efforts of Virginia
    Organizing for highlighting the important issue of balanced representation and equal
    opportunity in Charlottesville. Regarding the Belmont Bridge, citizens are not getting
    $1million worth of design. He asked Council to continue to exercise good judgment
    regarding appropriation and hold contractors and nonprofits accountable for supporting
    their argument for more funding only if they have the results to support it. Regarding the
    pedestrian bridge in McIntire Park, do not forget the aesthetics.
    Mr. Walter Heinecke, 1521 Amherst St., thanked Council for changing the
    Strategic Plan and Vision Statement to address issues of race relations and racial equity.
    However, issues brought up by Virginia Organizing are clear indicators that we still have
    a problem. Please move forward on the mechanics of making a change.
    Ms. Rebecca Quinn, 104 4th St. NE #2, said the public should have been notified
    that public comments could have been submitted regarding the water supply plan. She
    asked Council to get a critical staff report clarifying several points before taking action on
    the plan. RWSA should have to provide an estimate of the total cost for the water plan.
    Mr. Stratton Salidis, 704B Graves St., said there is a potential big money takeover
    of Charlottesville’s water supply. He said Nestle and The Hook are some examples.
    Please do not make our general population pay for something we do not need.
    Ms. Kate White, 659 Tyree Ln., said she is here in honor of Infant Mortality
    Awareness Month, and thanked Council for their support of the Healthy Birth Healthy
    Baby Health Fair on March 5, 2011. She provided Council with a copy of the report she
    compiled from the Health Fair and asked for their support again in March 2012.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Mr. Huja asked Ms. White what sort of monetary support she was looking for.
    She said the donation of the Key Center for the Health Fair in March. He also said he was
    pleased Council adopted the peace resolution.
    Ms. Szakos thanked Virginia Organizing for speaking and said she would like to
    add the issues they brought up to Other Business, particularly regarding an anonymous
    survey of the employees to find out what the barriers are. She asked for a work session to
    discuss the issues, with department heads, members of Virginia Organizing, and our
    attorney. Regarding the Belmont Bridge design, this is a chance to be proactive and
    innovative. Mr. Williams’ statement regarding aesthetics is important. She said she had
    never heard about the Nestle grant Mr. Salidis mentioned and thought it was interesting.
    Dr. Brown said the compelling things we heard from PHAR and Virginia
    Organizing have called Council’s attention to the importance of addressing the issues.
    What the City can do is small compared to the bigger community we are a part of.
    5
    Hopefully taking a big action will have a ripple effect. It is problematic that we lose a
    lot of talented African Americans to other communities and is also a reflection of the lack
    of a social environment that young professionals are looking for. He asked what we can
    do as a community to create a place where music, nightlife, et cetera encourages our
    talented youth to stay home instead of going to bigger cities.
    Ms. Edwards asked the City’s HR Director, Mr. Galloway Beck, to speak. It is
    not easy to come before Council, and she commended those who chose to speak this
    evening and bring awareness to this issue. She told Mr. Collins we will follow up with his
    concerns regarding the Section 3 Coordinator and PHAR.
    Mr. Galloway Beck, Director of Human Resources for the City of Charlottesville,
    said the concerns being raised are not new. We are all interested in working
    collaboratively to tackle the issue of minority underrepresentation. We do ask employees
    what may be done in terms of personal development. He disagreed that the City has
    inherently racist hiring practices, but there are things we can do more of, such as
    marketing, outreach to different communities, more internships, et cetera. If HR does
    something more direct, employee are often concerned that their responses will be shared
    even when they are assured they will be kept anonymous.
    Mr. Norris thanked Mr. Beck for his comments and commended him personally
    for going out to speak with ex-offenders, the homeless and others, and helping them
    navigate through the hiring process. Representation is very important in managerial and
    supervisory positions in City Hall. This is a community-wide challenge. He thanked Mr.
    Collins for taking the lead on pushing Council to consider expansion of bus services.
    PHAR was essential to getting the Section 3 coordinator position filled. PHAR will have
    a position on the steering committee and will play a role in shaping that initiative. He
    thanked Ms. Quinn for her comments.
    On motion by Dr. Brown, seconded by Mr. Huja, the following appointments
    were made to City Boards and Commissions: to BAR, Melanie Miller; to the
    Charlottesville Sister Cities Commission, Greer Johnson, Kara Nelson, and Yates Nobles;
    to Dialogue on Race, Roscoe Boxley; to JMRL, Carla Mullen; to Parks and Recreation
    Advisory Committee, Ruth Barnett (effective immediately) and David J. Hirschman
    (effective January 2012); to the Region 10 Community Services Board, Thomas Taylor;
    to the Social Services Advisory Board, Carl Brown; to the Vendor Appeals Board,
    Meghan Cloud and Hugh M. Gravitt, III. (Ayes: Dr. Brown, Ms. Edwards, Mr. Norris,
    Mr. Huja, Ms. Szakos; Noes: None.)
    CONSENT AGENDA
    Mr. Huja acknowledged Piedmont Council for the Arts’ important service to our
    community. Ms. Szakos specified that the grant is for art by children in the community.
    6
    On motion by Ms. Szakos, seconded by Mr. Huja, the following consent agenda
    items were approved: (Ayes: Mr. Huja, Ms. Edwards, Mr. Norris, Ms. Szakos; Dr.
    Brown; Noes: None.)
    a. Minutes of September 6
    b. APPROPRIATION: Virginia Juvenile Community Crime Control Act Grant
    (VJCCCA) – $452,704 (2nd reading)
    c. APPROPRIATION: FY2012 Friendship Court Sponsorship Agreement for
    Enhanced Police Coverage (1st Quarter) – $22,130.50 (2nd
    reading)
    d. APPROPRIATION: McIntire Park Bike/Pedestrian Bridge Transportation
    Enhancement Funding Grant Phase I and II - $517,500
    (carried)
    e. APPROPRIATION: Donation for Riverview Park Improvement – $2,000
    (carried)
    f. APPROPRIATION: Recycled Railroad Steel Income - $1,870 (carried)
    g. APPROPRIATION: 2012 Department of Motor Vehicles Virginia Highway
    Safety Grant – $30,386 (carried)
    h. APPROPRIATION: 2011 Edward Byrne Memorial Justice Assistance Grant
    (JAG) – $37,336 (carried)
    i. RESOLUTION: Honorary Street Name Designations
    j. RESOLUTION: Support of Restoration of State Funding for Aid to
    Localities
    k. RESOLUTION: Paving of School Bus Parking Lot - Transfer of Funds to
    Facilities Repair Fund - $85,122.99
    l. RESOLUTION: Buford Cooling Tower Replacement – Transfer of $40,165
    m. ORDINANCE: Spot Blight Abatement – 704 Montrose (2nd
    reading)
    n. ORDINANCE: Infrastructure Maintenance Bonds(2nd
    reading)
    o. ORDINANCE: IPP for 104 Stadium Rd. (2nd
    reading)
    p. RESOLUTION: Contribution to the Piedmont Council for the Arts (PCA)
    for Support of City Space Exhibits - $3,000
    PUBLIC HEARING/RESOLUTION: SUBLEASE TO MARTHA JEFFERSON
    HOSPITAL AT JEFFERSON SCHOOL
    Mr. Brian Daly presented to Council.
    The public hearing was opened.
    Having no speakers, the public hearing was closed.
    On motion by Dr. Brown, seconded by Ms. Szakos, the resolution passed.
    (Ayes: Mr. Huja, Ms. Edwards, Mr. Norris, Ms. Szakos; Dr. Brown; Noes: None.)
    7
    REPORT: NDS INFRASTRUCTURE & DEVELOPMENT PROJECT UPDATES
    Mr. Tolbert updated Council on infrastructure projects managed by NDS and
    development projects in review. Council thanked Mr. Tolbert and their staff for their
    hard work.
    REPORT: CAT SERVICES
    Mr. Bill Watterson presented to Council and reviewed the various costs associated
    with operating on holidays and Sundays. The cost would be $2500 per holiday at the
    current Sunday Service level. JAUNT would cost more per holiday. The total cost would
    exceed $6,000 per holiday.
    Mr. Norris clarified that the cost of these services should be incorporated into the
    new budget year.
    Dr. Brown asked how the County and the University fit into the cost of the bus
    and the free trolley, respectively. Mr. Watterson said there is no contract with the
    University, but there has been an incremental increase in the University’s contribution.
    To date, there has been no agreement for Albemarle County to support Route 7 in some
    sort of fashion. We could potentially seek to do cost sharing with Albemarle County, but
    currently they do not contribute.
    Mr. Huja said holidays seem to be the easiest to add, other than Christmas Day.
    This would be $30,000 on an annual basis. This should happen starting next calendar
    year. We should wait until a restructuring study to explore additional services beyond
    this.
    Ms. Szakos said there was not specific language saying the Council was looking
    at Sunday and Holiday services. She asked for the reconfiguration to factor in these
    requests as part of the RFP.
    Dr. Brown said it is a good idea to do this in the context of next year’s budget.
    This is important but expensive.
    Ms. Szakos said if we start it in January, we will have a few months’ worth of
    data going into the budget planning year.
    On motion by Ms. Szakos, seconded by Mr. Huja, Council voted to begin the
    process for appropriating these funds. (Ayes: Mr. Norris, Ms. Edwards, Dr. Brown, Ms.
    Szakos, Mr. Huja; Noes: None.)
    8
    REPORT: TJPDC LEGISLATIVE PACKAGE
    Mr. David Blount presented to Council on 2011 Legislative Priorities, which
    include Chesapeake Bay TMDL, state/local funding and revenues, public education
    funding, transportation funding, land use and growth management, and Comprehensive
    Services Act.
    Mr. Norris asked for an update on the TMDL. Mr. Blount said local staffs have
    been working to digest data and meet certain deadlines for developing local plans, which
    have to be submitted by next spring.
    Mr. Huja asked if there is funding from the state. Mr. Blount said he cannot yet
    say what may be included in the Governor’s budget. Ms. Erin Yancey, Environmental
    Planner at TJPDC, also spoke regarding funding from the state.
    Mr. Blount said he is also working with staff on local initiatives. Ms. Szakos said
    the process was helpful last year. Mr. Huja and Ms. Edwards said they will participate in
    the planning process this year.
    REPORT: TJPDC REGIONAL SOLID WASTE MANAGEMENT PLAN
    Ms. Erin Yancey presented to Council on the plan, which was adopted in 2006
    and requires an update every five years. This is the first update. We will have enough
    capacity in a 20 year time line with our current permitted tonnage. Ms. Yancey discussed
    basic strategies, including a regional approach, increased recovery, reduced total waste,
    and increased outreach.
    Ms. Szakos asked about composting logistics. Dr. Brown said the numbers seem
    to be handled differently this year than in the past. He asked about numbers compared to
    industry standards. Ms. Szakos said we should ask for participation in data collection for
    the region as part of our contract.
    Dr. Brown requested a letter from Council in support for providing staff with
    data.
    OTHER BUSINESS: UPDATE ON DOWNTOWN BUSINESS ASSOCIATION
    MEETING
    Ms. Edwards met with the officers of the Downtown Business Association, and it
    will be the first of many meetings. Charlene Green from Dialogue on Race was there to
    facilitate the conversation. Participants were open and honest about their concerns.
    Opportunities for improvement include marketing materials and hiring practices. A more
    detailed report will be provided at a later date.
    Ms. Szakos asked members of thee Virginia Organizing about what their ideas
    were regarding a survey. They said they did not have anything specific in mind but want
    to work with Council to create something. Ms. Szakos said perhaps staff could come
    with a proposal too a work session. Ms. Szakos said some of the measures Virginia
    Organizing mentioned are included in our new P3 Performance Reporting mechanism.
    Council named this as a priority at the Council retreat.
    Mr. Norris said if we are going too do a work session, it should be addressing the
    broader dynamic in our community about growing, recruiting and retaining a more
    diverse workforce, with the City leading by example. We should focus some concentrated
    time and discussion on this topic. Council will schedule a work session for November.
    Dr. Brown said a survey before the work session would be helpful. Ms. Szakos
    asked if Virginia Organizing representatives could meet with staff members about the
    survey. Ms. Edwards said Dialogue on Race representatives should also be present.
    OTHER BUSINESS: EQUALITY VIRGINIA
    Mr. Norris read a letter from Equality Virginia regarding support for passage of a
    bill inn the Commonwealth of Virginia prohibiting discrimination based on gender identity
    or sexual orientation. Mr. Norris asked for Council’s support and the addition of the letter
    to thee City’s legislative package.
    On motion by Mr. Huja, seconded by Dr. Brown, the motion to add this issue to
    Council's legislative agenda passed unanimously. (Ayes: Mr. Huja, Dr. Brown, Mr.
    Norris, Ms. Szakos, Ms. Edwards; Noes: None.)
    MATTERS BY THE PUBLIC
    Mr. Peter Kleeman, 4407 Hedge St., said he was disappointed that the textured
    ramp s shown in the NDS presentation continue to direct handicapped users into the
    intersection instead of onto crosswalks. Staff did not say whether the goal off the fence on
    the Belmont Bridge of prohibiting pedestrians has been successful. Tripping hazards in
    crosswalks in thee downtown area remain an issue, especially metal plates installed over
    water drainage areas and gaps in sidewalks.
    The meeting was adjourned.
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Monday, October 3, 2011, AT 6:00 p.m. IN THE Second Floor Conference
    Room.
    THE PROPOSED AGENDA IS AS FOLLOWS:
    Closed session as provided by Section 2.2-3712 of the Virginia Code
    BY ORDER OF THE MAYOR BY Paige Barfield
    SECOND FLOOR CONFERENCE ROOM – October 3, 2011
    Council met in special session on this date with the following members present:
    Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos.
    On motion by Ms. Szakos, seconded by Dr. Brown, Council voted (Ayes: Dr.
    Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos. Noes: None) to meet in closed
    session for consultation with legal counsel regarding the negotiation of the terms and
    conditions of a community water supply cost sharing agreement with the Albemarle
    County Service Authority, as authorized by Virginia Code sec. 2.2-3711 (A) (7); and
    consideration of the acquisition of real property on Old Lynchburg Road for a public
    purpose, where discussion in an open meeting would adversely affect the City’s
    bargaining position, as authorized by Virginia Code sec. 2.2-3711 (A) (3).
    Dr. Brown moved that the closed session be adjourned and continued until
    immediately after the end of the regular meeting, at which time the Council will
    reconvene in closed session to continue discussion of the proposed cost sharing
    agreement with the Albemarle County Service Authority. Ms. Szakos seconded the
    motion. Ayes: Norris, Edwards, Brown, Huja and Szakos. Noes: None.
    COUNCIL CHAMBERS – October 3, 2011
    Council met in regular session on this date with the following members present:
    Mr. Norris, Ms. Edwards, Mr. Huja, Ms. Szakos, Dr. Brown.
    ANNOUNCEMENTS
    Mr. Norris read a proclamation for World Habitat Day.
    Mr. Norris announced the Smith Aquatic Center LEED Platinum Level
    Certification award.
    2
    Mr. Norris recognized Ms. Judy Mueller for earning the designation of Public
    Works Leadership Fellow from the American Public Works Association.
    Mr. Norris announced the second meeting for the east side of McIntire Park
    master planning process on October 24th at 6:30 p.m. at the MLK Performing Arts
    Center.
    Ms. Szakos announced new voter registration cards will be distributed this week.
    Call 970-3250 or go to Charlottesville.org/vote for more information.
    Upcoming Our Town meetings will take place on October 13th from 6-8pm at
    Greenbrier School for the Rugby/Barracks neighborhoods, and November 10th at CHS for
    the Greenbrier/Locust Grove neighborhoods.
    Mr. Huja announced the fall Blood Drive, Tuesday October 4th 12-5pm at the
    Herman Key Center. He also announced the Safe Halloween Party on the downtown
    mall Saturday, October 29th 2-5pm, starting at the Pavilion.
    Ms. Edwards announced Charlottesville City Schools is holding a series of
    sessions regarding distribution of student tablets. The final meeting is Tuesday, October
    4th at 10:00 am at the Central Office #2 Lobby. She asked employers to allow parents of
    students to attend this session. The Walker Session is October 11th at 6:00 pm, and the
    Buford session is November 9th at 6:00 pm.
    Ms. Edwards also announced a coin drive to benefit the Dawn Reddick fund at
    Clark Elementary School from October 3-7.
    Ms. Edwards extended an invitation from the Burley Varsity Club on October 7th
    at 6:00 pm at the Burley Middle School Auditorium. There will be a ceremony in honor
    of the late Steven D. Waters, the renaming of Rose Hill Dr. to Jackson P. Burley Dr., and
    honoring “Sunny” Sampson.
    MATTERS BY THE PUBLIC
    Ms. Shantia Brown, 723 Prospect Ave., is a member of Believers and Achievers
    Peer support network for ex-offenders and their families. They meet every Thursday at
    5:30 pm at various locations. She said she appreciates the City’s support for the reentry
    summit and is particularly thankful for the leadership of Ms. Edwards. She encouraged
    Council to expand the Coming Home from Work program. She gave special thanks to
    Mr. Maurice Jones for the books he donated.
    Mr. Scott Bandy, Cherry Ave., spoke regarding the Woolen Mills pumping
    station.
    3
    Ms. Rebecca Quinn, 104 4th St., said one in five families in Charlottesville does
    not have enough money to pay for rent, food, utilities and other necessities, but Council
    still supports an expensive water project. Ask Rivanna to provide a projection of total
    cost plus interest. Request a public discussion session before finalizing the agreement.
    She congratulated Ms. Mueller on her achievement.
    Mr. Brandon Collins, 536 Meade Ave., also thanked Council for supporting exoffenders
    and the Reentry Program and asked them to expand it. The recent Orange Dot
    study from the Chamber of Commerce presents alarming information. The Chamber
    should build a career center on their own instead of seeking funding.
    Mr. Stratton Salidis, 704 B. Graves St., said the dam plan proponents are
    proposing unnaturally high stream flows to the Moormans, which can disrupt the ecology
    of the stream. Rivanna would have increased the stream valve size if they were truly
    interested in the river’s health. Demand projections are rigged to create a self-fulfilling
    prophecy. There was a million dollar grant from Nestle to the Nature Conservancy.
    Building a dam without a pipeline puts Nestle in an advantageous bargaining position.
    Mr. Mark Kavit, 400 Altamont St., of the North Downtown Association, said
    sometimes organizations are not given adequate notice for public hearings, specifically,
    the future of McIntire Park. He was given three weeks’ notice via postcard, which did
    not give their board adequate time to prepare a meeting and discuss their stance. He also
    supported Ms. Quinn’s comments.
    Mr. David Repass, 227 E. Jefferson St., spoke on behalf of the NDRA Board and
    said they are concerned regarding procedures to obtain citizen input into planning on the
    east side of McIntire Park. They feel the cannot participate effectively given procedural
    constraints. Charlottesville City citizens should have priority to speak first at meetings.
    Handouts are not permitted before or during their presentations at the October 24th
    meeting, which limits presenters’ ability to communicate effectively.
    Ms. DeDe Smith, 2652 Jefferson Park Cir., requested that Council ask their
    representatives on the RWSA board to give citizens a projection of debt service for their
    total obligation but break it down by current debt, debt for the five year CIP, and debt for
    the long-term community water plan, similar to what they did in September 2007.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Ms. Szakos thanked Ms. Brown and the people who stood up in support of the
    organization for coming. She is committed to keeping the program strong and growing it.
    Mr. Huja said citizens should be able to give handouts at the McIntire Park
    meetings. He requested the issue be added to Other Business.
    4
    Ms. Edwards said she agreed that handouts should be allowed. She told Mr.
    Bandy a discussion about the pump station was on her bucket list.
    Mr. Norris thanked Ms. Brown for coming to speak and for her work. Council
    budgeted funding for five slots to get the Coming Home From Work program off the
    ground, and there were 60 applicants. Assuming the pilot phase goes well, Council hopes
    to find funding to expand the program. He agreed that handouts should be allowed at the
    McIntire Park meeting. He said Ms. Quinn and Ms. Smith raised good questions about
    transparency. Revised debt service and wholesale rate projections should be obtained.
    CONSENT AGENDA
    On motion by Mr. Huja, seconded by Ms. Szakos, the following consent agenda
    items were approved: (Ayes: Mr. Huja, Ms. Edwards, Mr. Norris, Ms. Szakos; Dr.
    Brown; Noes: None.)
    a. Minutes of September 19
    b. APPROPRIATION: McIntire Park Bike/Pedestrian Bridge Transportation
    Enhancement Funding Grant Phase I and II - $517,500 (2nd
    reading)
    c. APPROPRIATION: Donation for Riverview Park Improvement – $2,000 (2nd
    reading)
    d. APPROPRIATION: Recycled Railroad Steel Income - $1,870 (2nd
    reading)
    e. APPROPRIATION: 2012 Department of Motor Vehicles Virginia Highway
    Safety Grant – $30,386 (2nd reading)
    f. APPROPRIATION: 2011 Edward Byrne Memorial Justice Assistance Grant
    (JAG) – $37,336 (2nd reading)
    g. APPROPRIATION: Appropriation of Sales Proceeds from 409 Stadium Rd -
    $250,000 (carried)
    h. RESOLUTION: Allocation of Council Priority Initiatives Funding to
    Support Annual Holiday Parade – $2,000
    i. RESOLUTION: Funds for Improvements at Ivy/Emmet Intersection -
    $400,000
    j. RESOLUTION: Allocation of Charlottesville Housing Funds Towards
    Purchase of Properties on 8th St. and Page St. - $140,000
    k. RESOLUTION: Planned Unit Development Requirements
    l. RESOLUTION: Additional Funding for JABA/Timberlake PUD –$117,000
    PUBLIC HEARING/RESOLUTION: WATER SUPPLY PLAN
    Mr. Norris said this is not necessarily the plan that prescribes specific solutions.
    This is the regional plan that discusses water demands for the next fifty years. Mr. Tom
    5
    Frederick from RWSA presented to Council. He outlined the history of work on the
    Regional Water Supply Plan. A few minor changes were made to the final report based
    on citizen comment.
    The public hearing was opened.
    Ms. Jennifer Downy, 1014 Locust Ln., said new information is important. There
    should not be a statute of limitations where our community water supply is concerned.
    RWSA has consistently refused to acknowledge new information and has spent money
    pushing a plan introduced by the Nature Conservancy. Be open and curious to new
    information regarding the water supply debate.
    Ms. Rebecca Quinn, 104 4th St., said the final regional water supply plan is
    required to include a record of the public hearing, written comments and responses. The
    email from RWSA with the nine page attachment does not include comments, and not all
    questions were not addressed in the nine page document. All citizen comments should be
    fairly evaluated. If you adopt the regional water supply plan tonight prior to seeing
    written comments and responses, you are ignoring citizen comments and adopting a plan
    that fails to meet regulatory requirements. She requested Council defer the adoption until
    the next meeting.
    Mr. Brandon Collins, 536 Meade Ave., said the various problems with this plan,
    including violations, should be taken into consideration. The resolution you are about to
    pass is still working with a high estimate of demand and does not take conservation into
    consideration. Include language in the resolution that points out conservation and our
    commitment to it.
    Ms. Colette Hall, 101 Robertson Ln., said a survey regarding poverty in
    Charlottesville was published, yet a new and unnecessary dam will increase the burden
    on those at the poverty level as well as those at the middle class level. The least harmful
    action is to first dredge and fix a dam declared safely fixable by professionals. Albemarle
    County should be paying the City for the loss of our assets at the very least.
    Mr. Matt Rhodie, 1014 Locust Ln., said he sat in at the DEQ meeting and demand
    projections. The City is putting a lot of effort into upgrading current homes, and new
    construction operates at a much higher level of efficiency. Was that incorporated into the
    methodology? The projection curves put out for the growth in water demand do not
    account for the increased efficiency mandated by law for new construction.
    Ms. DeDe Smith, 2652 Jefferson Park Cir., said information about the South Fork
    Rivanna Reservoir refers to the Gannett Fleming study from 2002, which is now ten
    years old. New information was more comprehensive and showed drastically different
    results. To accept and approve the regional water plan with inaccurate information is not
    responsible. Please insist that accurate, updated information is used before it goes to the
    state.
    6
    Mr. Francis Fife, 501 9th St SW, said he is concerned about the adoption of the
    water plan. The recent public hearing was the first time he saw the opportunity to present
    a whole picture of how much information and misinformation was put out. He asked
    Council to read the notes from the meeting and wait to see what comes from the result of
    that meeting before acting.
    Having no further speakers, the public hearing was closed.
    Dr. Brown asked whether new building requirements for efficiency were taken
    into account in the demand study. Mr. Frederick said the work was done by AECOM,
    and he believes it was taken into account.
    Ms. Szakos said that question was addressed at the public hearing at CitySpace.
    Mr. Norris said an email Council received claims it does show reductions in per
    capita consumption given new requirements in technology, but only through 2015 and
    nothing beyond that. Mr. Frederick said he understands they applied the efficiency
    standards to all new construction.
    Mr. Norris said the HDR study should at least be referenced in the report as a data
    point, even if it does not affect the ultimate projection. Ms. Szakos agreed, but not so
    much as a direct comparison, but as a footnote showing that it is a more recent estimate.
    Mr. Frederick said a footnote can be added to recognize that they did not project into the
    future.
    Mr. Norris said he has not had a chance to review all the information that came in
    today. The water supply plan, as amended with the requested footnote, will be
    considered at the next meeting. Mr. Norris requested that Council get follow-up
    questions to Mr. Frederick and Mr. Jones as soon as possible in order to be fully prepared
    to vote at the next meeting. If any member of the public has further thoughts, please
    contact Council between now and the next meeting.
    REPORT: DAVIS FIELD
    Mr. Daly presented to Council. The land is directly adjacent to Northeast Park
    and will be added to that park’s acreage, expanding the park to a total of 11.3 acres. An
    agreement has been reached between the City and the owners of this piece of property to
    purchase, with a closing date of 60 days from the date of approval. Staff will develop an
    RFP for a land lease for the portion of the property that contains the rectangular field
    upon Council’s approval. The least will generate up to $120,000 in revenues over a 20
    year term. Master planning is scheduled for 2013.
    Ms. Szakos asked if there is any plan in the short term to make a connection
    between the existing park and the upper side of the newly acquired park. Mr. Daly said
    this could be explored.
    7
    Mr. Norris thanked Mr. Daly and his staff for their time and work on this project.
    Mr. Huja said he is pleased to be able to do this.
    On motion by Mr. Huja, seconded by Ms. Edwards, Council approved the
    resolution. (Ayes: Mr. Huja, Ms. Edwards, Dr. Brown, Mr. Norris, Ms. Szakos; Noes:
    None.)
    REPORT: PVCC UPDATE
    Dr. Frank Friedman, president of PVCC, presented to Council. He introduced
    board members Ms. Suzanne Morris Moomaw and Mr. Peter Kleeman.
    PVCC as seen an explosive growth in enrollment, now serving over 7,800
    students, up 25% from five years ago. The trend is not that way from Charlottesville
    residents, although it has recovered and is now back where it was five years ago, at about
    13% enrollment. He outlined enrollment statistics for Charlottesville students. PVCC
    also offers night courses at CHS.
    Mr. Huja commended Dr. Friedman for PVCC’s expansion, especially in the area
    of workforce development and the Jefferson School.
    Ms. Szakos asked if there is any interaction between PVCC and the jail. Dr.
    Friedman said PVCC has offered some programs and worked with Col. Matthews to try
    to bring others to the table. Timing of inmates’ stay at the jail is often an issue
    logistically. PVCC works closely with the GED program and always has one of their
    counselors meet with the graduates to promote continuing education.
    Ms. Edwards asked if the expansion of the healthcare programs has had an impact
    on the RN waiting list. Dr. Friedman said there are still many on the waiting list. There
    are limitations of clinical site availability. They encourage those on the waiting list to
    look at other options in healthcare that PVCC is now offering. PVCC continues to try
    creative options to increase capacity.
    Mr. Norris said he was told a barrier that may prevent more of Charlottesville’s
    lower income residents from participating in education programs is the infrequency of
    public transit. The bus only goes once an hour up to Piedmont. Dr. Friedman said PVCC
    is supportive of increasing public transit to PVCC. Ms. Edwards asked about online
    courses. Dr. Friedman said this has been a huge growth area, with 30% of students this
    year were taking at least one course online.
    Dr. Friedman said we as a community spend an incredible amount of time, energy
    and money helping people survive poverty, but we spend only a small percentage on
    helping people get out of poverty. We need to change this, and he requested the
    8
    opportunity to be a part of the discussion. Council invited him to their work session on
    poverty, November 3rd.
    Ms. Edwards said there could be better outreach by PVCC and in the community
    in terms of meeting people where they are and creating opportunities.
    REPORT: UDPATE ON “OUR TOWN” COMMUNITY MEETINGS
    Mr. Barrick updated Council on “Our Town” Community Meetings. He
    reminded Council of the history of the community meetings and updated them on
    statistics. Over 600 total residents have attended the meetings since they began in 2010.
    Staff recommended partnering with Celebrate 250 for enhancing the program in 2012
    and using neighborhood grants funding to extend the town hall meeting program.
    Mr. Norris thanked Mr. Barrick and staff for their hard work on these meetings.
    Ms. Szakos said she was impressed with how the Communications Department took this
    project on and thanked staff for their hard work. She would like to see the number
    increase for people we add to our email alert list, because regular communication is
    important. Dr. Brown said this has been a great idea, and also thanked City staff for their
    participation, attendance, and responsiveness to issues generated at these meetings.
    Mr. Huja encouraged a web tracking initiative and recommended using Portland,
    Oregon’s program as a model. Ms. Szakos said she supported encouraging
    neighborhoods to organize. Ms. Edwards said we should combine neighborhoods that are
    close together geographically; the recent Kellytown/Rose Hill meeting was a positive
    example.
    OTHER BUSINESS: MS. EDWARDS’ BUCKET LIST
    Ms. Edwards requested a meeting with Delegate Hurt at her office in Westhaven.
    Ms. Edwards said she was inspired by Coy Barefoot’s presentation last Friday and
    requested a reunion of Councilors. She requested a picture of the reunion be included in
    the Celebrate 250 time capsule.
    Ms. Edwards requested a conversation regarding the future of RWSA. Also, she
    sat in on the RWSA meeting and the discussion regarding the Woolen Mills pump station
    by Supervisor Ken Boyd and was alarmed because the decisions that need to be made
    should be made by Council. She requested a discussion before the end of the year.
    Dr. Brown said there is a public meeting coming up on October 20th regarding
    options for the pump station. Mr. Jones said it is up to Council when we bring it back to a
    Council meeting. Council requested it be added to the November 7th agenda.
    9
    Ms. Edwards asked for a date to discuss solid waste.
    Mr. Norris requested a plaque or historic marker discussing the role of Buddy’s
    on Emmet St. and tying it in some way to the commemoration of Dr. King’s visit to
    Charlottesville. Mr. Jones said the University is open to ideas on this. Mr. Huja asked
    for someone to follow up on the three different markers discussed in the lecture,
    including the map of businesses at Vinegar Hill, a marker at the site of the first Civil
    Rights protest near the University theatre, and Gospel Hill, near the UVA hospital.
    OTHER BUSINESS: PLANNING AT MCINTIRE PARK
    Mr. Huja said the planning process ought to have a landscape architect working
    with the team on good design. The pedestrian bridge crosses from east to west, and the
    design of this element should be done by a professional landscape architect, not just an
    engineer.
    Mr. Daly said staff are employing a landscape architect in the process. To clarify,
    staff is not doing formal design at this stage, simply making decisions about how the land
    will be used. Regarding the bridge, staff are conducting engineering work to determine
    the exact location. On the design side, they are open to discussion regarding that element.
    MATTERS BY THE PUBLIC
    Mr. Peter Kleeman, 407 Hedge St., requested that the newly updated Vision
    Statement be made more generally available.
    Ms. DeDe Smith, 2652 Jefferson Park Cir., said future water forecast is based on
    the bathometrics study, which dramatically impacts the demand number the plan is being
    sized for.
    Ms. Rebecca Quinn, 104 4th St., said the Rivanna Water & Sewer Executive
    Director said forecasting is an inexact science. A simple footnote about the HDR study is
    inadequate. Do not adopt a plan with false information.
    Ms. Pat Lloyd, Raymond Rd., said her presence here tonight is a direct result of
    her presence at the first community meeting at Tonsler Park. She admires what Council
    does, and knows they are often faced with tough comments. She thanked Council for
    their service.
    Ms. Szakos formally requested the Vision Statement be put back up on the wall
    outside of Council Chambers. She suggested that the Vision Statement could be posted
    on TV10 during the period of empty air time before Council meetings.
    The regular portion off the meeting was adjourned. Council reconvened in closed
    session to continue discussion regarding cost-allocation.
    On motion by Ms. Szakos, seconded by Ms. Edwards, Council certified by the
    following vote, (Ayes: Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos.
    Noes: None), that to the best of each Council Member's knowledge, only public business
    matters lawfully exempted from the open meeting requirements of the Virginia Freedom
    of Information Act and identified in the motion convening the closed session were heard,
    discussed or considered in the closed session.
    The meeting was adjourned.
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Monday, October 17, 2011, AT 6:30 p.m. IN THE Second Floor Conference
    Room.
    THE PROPOSED AGENDA IS AS FOLLOWS:
    Closed session as provided by Section 2.2-3712 of the Virginia Code
    BY ORDER OF THE MAYOR BY Paige Barfield
    SECOND FLOOR CONFERENCE ROOM – October 17, 2011
    Council met in special session on this date with the following members present:
    Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos.
    On motion by Ms. Szakos, seconded by Dr. Brown, Council voted, (Ayes: Dr.
    Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos; Noes: None), to meet in closed
    session for consultation with legal counsel regarding the negotiation of the terms and
    conditions of a community water supply cost sharing agreement with the Albemarle
    County Service Authority, as authorized by Virginia Code sec. 2.2-3711 (A) (7).
    On motion by Ms. Szakos, seconded by Ms. Edwards, Council certified by the
    following vote, (Ayes: Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos;
    Noes: None), that to the best of each Council Member's knowledge, only public business
    matters lawfully exempted from the open meeting requirements of the Virginia Freedom
    of Information Act and identified in the motion convening the closed session were heard,
    discussed or considered in the closed session.
    COUNCIL CHAMBERS – October 17, 2011
    Council met in regular session on this date with the following members present:
    Mr. Norris, Ms. Edwards, Mr. Huja, Ms. Szakos, Dr. Brown.
    ANNOUNCEMENTS
    Mr. Norris congratulated the Parks and Recreation Department and Mildred Spicer,
    Manager of Therapeutic Programs, for the Very Special Arts Music Recital’s receipt of the Best
    New Special Event Award. Ms. Spicer was present and thanked Council for the recognition.
    2
    Mr. Norris also congratulated the Parks and Recreation Department for receiving
    the Best New Renovation award for Forest Hills Park. Brian Daly and Jennifer McKeever
    from Parks and Recreation Advisory Board were present to accept the award.
    Also, the Smith Aquatic Center was named one of the top 10 new facilities in the
    country.
    Ms. Szakos welcomed a group of students visiting from Charlottesville’s sister
    city Besancon, France. Mr. Jim Walters spoke on behalf of the group and thanked
    Council and Dr. Atkins for inviting them. He presented a book and DVD from the Mayor
    of Besancon and welcomed teachers and students from Charlottesville High School for
    their visit to Besancon next April.
    Ms. Szakos announced the next “Our Town” meeting, 6-8pm Thursday,
    December 10th, at Charlottesville High School for the Greenbrier/Locust Grove
    neighborhoods.
    Mr. Jones asked to place a resolution supporting a million dollar grant regarding
    information sharing amongst public safety agencies and approval for a VDOT Revenue
    Sharing Program to the agenda under Other Business.
    MATTERS BY THE PUBLIC
    Ms. Izzy Artiles, 326 15th St, is a second year student at UVA and a member of
    the Sierra Student Coalition, working on the Beyond Coal Campaign. She has asked the
    University to move off coal as soon as possible and seeks to raise awareness in the City
    about this issue. The City should encourage the University to retire the coal plant and
    increase livability in Charlottesville.
    Ms. Rebecca Quinn, 104 4th St. NE, said adoption of the regional water supply
    plan is based on out of date and flawed information. The City should dredge first. She
    asked if questions were answered regarding debt service on wholesale water rates and
    asked when the results would be revealed.
    Mr. Brandon Collins, 536 Meade Ave., thanked Council and Ms. Edwards for
    bringing forward an apology for Vinegar Hill. He said he wants to ensure current
    redevelopment decisions proceed with full engagement and involvement from residents
    of public housing. He asked folks from Occupy Charlottesville to attend this week’s
    meetings on water supply.
    Mr. John Cruickshank, 324 Parkway St., representative from the Piedmont Group
    of the Sierra Club, said he believes our community should contain our demand for natural
    resources and destruction of open spaces for development. Water supply can best be
    provided with restorative dredging and a strong water conservation program. Additional
    flow gauges should be installed in the Moormans River so natural highs and lows can be
    3
    established. The Piedmont Group and the Virginia Chapter of the Sierra Club fully
    support the Beyond Coal Campaign at UVA and the Occupy Charlottesville protests.
    Mr. Brian Vanyo, 841 Rainier Rd., also speaking on behalf of his wife, Svetlana
    Vanyo, said Council should end the policy of Smith Aquatic Pool not allowing swimming
    instruction at the facility.
    Ms. Angela Tutovani, 850 Fountain Ct., said she has been told by pool officials
    she cannot instruct her son on how to swim at the Smith Aquatic Pool. She asked for this
    policy to be changed.
    Ms. Mary T. Miller, 2481 Hillview Ct., presented the 2011 VSA Annual Poetry
    Book to Council. She thanked Brain Daly, Mildred Spicer and others for their work.
    Ms. Joanna Salidis, 129 Goodman St., said Democrats were asked to sign a
    pledge before the primaries promising to support the Democrat Party. Numerous studies
    have yielded new information since 2004, when the original water supply plan was
    drafted. Incorporating new studies in the plan would not take long. She will support Bob
    Fenwick and Dede Smith in the upcoming election.
    Mr. Evan Knapperberger, 308 Parkwood St., with Veterans with Peace, speaking
    from the Occupy Charlottesville group, said we should thank Native Americans for
    allowing us to use their land. He said he met with City officials and has not filed for a
    permit because the group believes they are in the spirit of the law regarding the 11pm
    curfew. He has spoken with neighbors, and the group wants to leave the park better than
    they found it. He asked Council for endorsement of the Occupy Charlottesville
    movement.
    Ms. Nancy Carpenter, 727 Denali Way, a county resident, said she supports
    Occupy Charlottesville. She quoted statistics on joblessness and poverty. Council should
    attend sessions of the general assembly of Occupy Charlottesville and direct the Parks
    and Recreation department to suspend the rules for the use of Lee Park during the
    occupation.
    Mr. Jamie Dyer, 806 Avon St., said he was with Occupy Charlottesville. He asked
    Council to suspend process and let the group stay in the park. He said the City Manager
    claims to be concerned about precedent, but what is coming down the road has no
    precedence in history.
    Ms. Kobby Hoffman, President of NOW, asked Council for support for the Equal
    Rights Amendment before them on the consent agenda.
    4
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Ms. Edwards said her opinion about the water supply has not changed, and she is
    concerned about the direction the plan is taking. She said she wants to know what the
    appropriate direction regarding coal supply would be. While she does not want to impose
    Council’s values on another entity, she wants to know how this can be addressed in terms
    of a health issue for our community. Ms. Edwards said we should discuss Occupy
    Charlottesville under Other Business. Council should decide this, not City staff.
    Dr. Brown said Council or staff may want to meet with the UVA President to
    express our thoughts that they should stop using coal.
    Mr. Huja said Council could suggest they phase out coal use over time. He asked
    the City Manager to investigate with the City Attorney the Smith Aquatic pool
    regulations and Occupy Charlottesville issues brought forth.
    Ms. Szakos thanked the Beyond Coal Campaign representatives for coming. She
    agreed with Ms. Edwards that we should not impose our will on another entity but
    supports transitioning away from coal. She thanked Mr. Collins for his support of the
    Vinegar Hill apology. She asked Occupy Charlottesville not to make it difficult for
    people having funerals at the nearby funeral homes and said she personally fully supports
    the national Occupy movement.
    Mr. Norris confirmed that we will add Curfew Suspension and the Smith Pool to
    Other Business. He would like to arrange a meeting with the University to work on
    phasing out of the coal burning program. He asked Mr. Jones if there has been follow up
    with Rivanna on projections for water rates or wholesale rates. Mr. Jones said we do
    have some information based on our cost share negotiations, but in terms of wholesale,
    we do not have additional information. Mr. Norris asked Mr. Tom Frederick if there
    were any reason why we could not update wholesale rate projections since 2007. He
    thanked Mr. Brandon Collins for his comments on Vinegar Hill, particularly how the
    lessons apply to what we are about to engage in with redevelopment. Council fully
    supports ongoing meaningful resident input throughout the entire redevelopment process,
    not just on the front end.
    CONSENT AGENDA
    Ms. Szakos said regarding Pneumatic Guns, she objects that the state legislature
    changed the law state-wide, but understands we are legislatively obliged to change our
    ordinance.
    Mr. Huja requested pulling item h, Oakhurst Cir. Development.
    5
    On motion by Dr. Brown, seconded by Mr. Huja, the following consent agenda
    items were approved: (Ayes: Mr. Huja, Ms. Edwards, Mr. Norris, Ms. Szakos; Dr.
    Brown; Noes: None.)
    a. Minutes of October 3
    b. APPROPRIATION: FY2012 Friendship Court Sponsorship Agreement (2nd
    Quarter) - $22,130.50 (1st of 2 readings)
    c. APPROPRIATION: Grant Award from the Virginia Department of Forestry -
    Azalea Park Biofilter Project - $7,500 (1st of 2 readings)
    d. APPROPRIATION: Victim Witness Assistance Program Grant - $157,143 (1st
    of
    2 readings)
    e. APPROPRIATION: Transfer of Funds for Purchase of Land for Davis Field - $
    750,500 (1st of 2 readings)
    f. RESOLUTION: Support for Brownfields Assessment Grant Application (1st
    of 1 reading)
    g. RESOLUTION: Revision to Home Energy Conservation Grant Program
    Policy (1st of 1 reading)
    h. RESOLUTION: Oakhurst Cir Development – Allocation of Funds - $75,000
    (1st of 1 reading)
    i. RESOLUTION: Spay/Neuter Memorandum of Understanding between
    Charlottesville and SPCA (1st of 1 reading)
    j. ORDINANCE: Regulation of Pneumatic (Air Powered) Guns (1st
    of 2
    readings)
    k. RESOLUTION: Equal Rights Amendment (1st
    of 1 reading)
    PUBLIC HEARING/ORDINANCE: GRANT OF EASEMENT NEAR
    BRANDYWINE DR AND GREENBRIER DR TO RIVANNA WATER & SEWER
    AUTHORITY (carried)
    Mr. Craig Brown presented to Council.
    The public hearing was opened.
    Having no speakers, the public hearing was closed.
    On motion by Mr. Huja, seconded by Dr. Brown, the motion carried.
    REPORT/RESOLUTION: REGIONAL WATER PLAN RESOLUTION
    Mr. Frederick was available to answer Council’s questions.
    6
    Mr. Huja asked if the footnote had been added. Mr. Frederick said it had been
    done.
    Mr. Norris asked why a decline in sedimentation at the South Fork Reservoir
    would not be reflected in the current safe yield or long term safe yield projections. Mr.
    Frederick said the dredging feasibility study done by HDR was done according to current
    conditions, not a forecast of safe yield or sedimentation rate.
    Ms. Szakos asked what it would take to get the most updated figures. Mr.
    Frederick said over time we should continue to do bathometric surveys to determine if the
    point that was established in 2009 reflects a different trend or was an anomaly. It is
    difficult to draw conclusions unless you predetermine what you want them to be from one
    data point.
    On motion by Dr. Brown, seconded by Ms. Szakos, Council approved the
    resolution. (Ayes: Mr. Huja, Dr. Brown, Ms. Szakos; Noes: Ms. Edwards, Mr. Norris.)
    Mr. Norris said he voted against this because we have a study that indicates we
    will be using millions of dollars less than what we anticipated.
    REPORT: 636 PARK STREET – APPEAL OF BAR DECISION
    Ms. Mary Joy Scala reviewed the Board of Architectural Review (BAR) decision
    for Council. Council may support the BAR’s decision or approve the applicant’s appeal.
    The main reason for denying the request was to uphold the established guideline, not
    because of maintenance issues. The brick homes that have been painted in the
    surrounding area were grandfathered in.
    Ms. Jennifer Greenhalgh, owner and resident of the home at 636 Park St., said
    40% of the homes on Park St. have been painted. Maintenance is not an issue, and they
    are willing to cover the maintenance costs. Mr. Huja asked if this was personal
    preference. Ms. Greenhalgh said the brick was uniform in color, still available at Allied,
    and not appealing.
    Mr. Fred Wolf, BAR, said the guidelines are straightforward. From a precedent
    standpoint, the BAR has stipulated almost unilaterally that unpainted masonry should
    remain unpainted. He confirmed that the applicant’s assertion that the brick does not
    have character was fair.
    Mr. Norris asked whose obligation it was to make buyers understand when they
    are purchasing a property that it is restricted by historic guidelines. Mr. Huja said usually
    City records show whether properties are historic or not. Ms. Szakos asked if BAR could
    produce an info sheet or brochure for potential homebuyers. Ms. Scala said we have
    started notifying current property owners once a year by letter, but that does not help
    potential buyers.
    7
    Mr. Huja said he supports the BAR recommendation but sympathizes with the
    applicant. Dr. Brown said there should be special circumstances to overturn a BAR
    decision. Mr. Norris said the applicants may work to help change the guidelines if they
    feel they are wrong.
    On motion by Mr. Huja, seconded by Ms. Szakos, Council voted to uphold the
    BAR’s decision. (Ayes: Mr. Huja, Ms. Szakos, Mr. Norris, Dr. Brown, Ms. Edwards;
    Noes: None.)
    REPORT: VINEGAR HILL APOLOGY
    Mr. Maurice Jones presented to Council on the history of Vinegar Hill. Ms.
    Edwards said she recommended Root Shock as reading to explore the history of urban
    renewal. She said this is an important step in addressing history and allowing people to
    move forward. Mr. Huja said this affected the Black business community and continues
    to do so. Dr. Brown said this is long overdue and thanked the City Manager and Ms.
    Green for authoring the resolution. Mr. Norris agreed. The final resolution will be
    considered at the November 7th Council meeting.
    REPORT: COMMUNITY ATTENTION YOUTH INTERNSHIP PROGRAM (CAYIP)
    Ms. Kellams presented to Council on the 2011 CAYIP Summer Program, which
    was a success. She thanked Council for their support. Mr. Huja asked if the program
    could have a direct deposit option. Ms. Kellams said they are looking to make it part of
    the admissions process next year. Dr. Brown said he appreciated how much the program
    has grown.
    REPORT: DIALOGUE ON RACE UPDATE
    Ms. Gertrude Ivory and Mr. Bob Gross updated Council on action team progress,
    remembering and honoring the “Charlottesville Twelve”, joint Congregation Study
    Circles, and other progress the Dialogue on Race Committee has made since February
    2011. Citizens may go to www.charlottesville.org/dialogue for more information.
    OTHER BUSINESS: LEE PARK PERMIT
    Lee Park currently has an 11:00 p.m. curfew. Occupy Charlottesville is
    requesting to waive the curfew for the duration of the Occupy Charlottesville gathering
    protest. Mr. Norris asked Mr. Jones if there is a mechanism to do this. Mr. Jones said he
    has been impressed by how courteous, peaceful and sensitive Occupy Charlottesville has
    been over the past few days. The request puts the City in a bind because we may be
    8
    setting a precedent that others will follow, and without a series of guidelines, it will be
    difficult to deny the opportunity going forward. Mr. Craig Brown, City Attorney,
    confirmed that we have a special event permit process groups can use to secure access to
    a park or street. He said the ordinance that sets the closing hours for most of our public
    parks states that it is unlawful to be on the premises from 11:00 pm – 6:00 am without
    express permission from the Parks and Recreation department. This would not be
    classified as an event, but rather a demonstration. A permit is involved only if the
    demonstration allows for 50 or more people. The duration limitation for Lee Park is
    three days, but regulations say the stated period can be extended upon request unless the
    space has been previously reserved.
    Council suggested the group meet with Mr. Daly and apply for a permit in order
    to give him the authority to waive curfew hours and extend their time of stay. Mr. Norris
    thanked the group for coming and wished them well.
    OTHER BUSINESS: SMITH POOL
    Mr. Jones said the Parks and Recreation staff met with the Vanyos and gave them
    permission to instruct her own child. Ms. Vanyos said staff members have not been
    consistent on enforcing the policy. Mr. Jones asked Mr. Daly to provide a more detailed
    policy.
    Council discussed issues surrounding instruction at City facilities. Dr. Brown said
    we cannot debate a policy that has not been written yet. Mr. Daly said the policy will be
    ready for review in approximately two weeks.
    Council confirmed that the Vanyos are allowed to come to the pool and instruct
    their own child in the meantime.
    OTHER BUSINESS: OAKHURST CIRCLE DEVELOPMENT
    Mr. Huja said the applicant has also asked that the City request that TJPDC write
    their enhancement application. They are willing to do so, but they need a request from
    the City. Mr. Tolbert said the planning district committee had previously agreed to draft
    an enhancement application for Mr. Chapman, but the commission would prefer the
    request be generated from the City. Mr. Williams volunteered his staff to write the
    application. Mr. Tolbert confirmed there seems to be no reason why the City should not
    make this request.
    On motion by Mr. Huja, seconded by Ms. Szakos, the resolution carried
    unanimously. (Ayes: Mr. Huja, Ms. Szakos, Ms. Edwards, Dr. Brown, Mr. Norris; Noes:
    None.)
    9
    OTHER BUSINESS: REVENUE SHARING PROPOSAL
    Mr. Jones said this resolution would give the approval of Council to submit for a
    revenue sharing program from VDOT, which would potentially provide for sidewalk
    repair. On motion by Mr. Huja, seconded by Ms. Szakos, the proposal passed
    unanimously (Ayes: Mr. Huja, Ms. Szakos, Ms. Edwards, Dr. Brown, Mr. Norris; Noes:
    None.)
    OTHER BUSINESS: RESOLUTION IN SUPPORT OF A GRANT APPLICATION
    FOR THE STATEWIDE INFORMATION SHARING STRATEGIC PLAN AND
    PILOT GEOSPATIAL VISUALIZATION PROJECT
    Mr. Jones said the City is applying for and will be awarded a $1,000,000 Public
    Safety Interoperability (PSIC) grant to work with the Commonwealth of Virginia for the
    development of a statewide information sharing strategic plan combined with a local
    multi-discipline information sharing pilot. Mr. Norris thanked Chief Warner for his work
    and said we would not be in a position to receive this grant without his hard work. On
    motion by Mr. Huja, seconded by Dr. Brown, the resolution carried unanimously (Ayes:
    Mr. Huja, Dr. Brown, Mr. Norris, Ms. Edwards, Ms. Szakos; Noes: None.)
    MATTERS BY THE PUBLIC
    Mr. Jim Shea, Montevista Ave., said Vinegar Hill is one of the most significant
    moments in the history of Charlottesville. It was a catastrophe for people who lived and
    worked there. In the words of John Grisham, “the past is still happening”. People stand
    to make a lot of money out of building an unnecessary dam and pipeline at the expense of
    ratepayers.
    Mr. Jeffrey Fogel, 215 Spruce St., a participant of Occupy Charlottesville, said
    Occupy Charlottesville is not a demonstration, but a movement from the bottom up.
    Asking the group to apply for a permit is asking us to call ourselves something that fits
    into a pre-defined set of terms. Council should instruct the City Manager to lift the
    curfew. Public parks should not be closed at any time.
    Ms. Rebecca Quinn, 104 4th St., said the director of RWSA continues to confuse
    Council and the public about the issue of safe yield.
    Ms. Bailey Elizabeth, 613 Blenheim Ave., said Occupy Charlottesville as a group
    has devised ground rules of how they are treating one another. She said she does not
    understand why she has to have a permit to demonstrate her rights to free speech as long
    as she is not violating rules.
    Mr. Sky Blue, Ridge St., asked Council to reconsider asking Occupy Charlottesville too obtain a permit.
    Ms. Flora Bailey, West Main and 7 1/2th St., said Occupy Charlottesville has
    been the most meaningful experience of her life. She e asked Council to trust that the group
    will respect the park and the City. She invited Councilors to attend a meeting and see
    how they operate.
    Mr. Mark Kavit, 400 Altamont St., said Mr. Fenwick evaded answering Mr.
    Norris’s question, and the City deserves an answer. Keep in mind residents of the
    neighborhood surrounding Lee Park. Regarding 6366 Park St., the applicants knew they
    were in a historic district, butt they did not know what it meant.
    Ms. Brenda Lambert, Montevista Ave., supported Ms. Bailey’s suggestion that
    Council attend a meeting of Occupy Charrlottesville. They are democratically run, great
    fun, and inspiring to attend.
    COUNCIL RESPONSE
    Mr. Norris said Occupy Washington, D.C. had to get a permit. It is a one page
    form, and Council is trying too make it easy for the group to do what they want to do.
    Once you apply for it once, you can continue to stay in the park well beyond the three
    days. Council is trying to facilitate the group’s activities.
    The meeting was adjourned.
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Monday, November 7, 2011, AT 6:00 p.m. IN THE Second Floor Conference
    Room.
    THE PROPOSED AGENDA IS AS FOLLOWS:
    Closed session as provided by Section 2.2-3712 of the Virginia Code
    BY ORDER OF THE MAYOR BY Paige Barfield
    SECOND FLOOR CONFERENCE ROOM – November 7, 2011
    Council met in special session on this date with the following members present:
    Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos.
    On motion by Ms. Szakos, seconded by Dr. Brown, Council voted, (Ayes: Dr.
    Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos; Noes: None), to meet in closed
    session for: (1) consultation with legal counsel regarding the negotiation of the terms and
    conditions of a community water supply cost sharing agreement with the Albemarle
    County Service Authority, as authorized by Virginia Code sec. 2.2-3711(A)(7), and (2)
    discussion and consideration of prospective candidates for appointment to City boards
    and commissions, as authorized by Virginia Code Sec. 2.2-3711(A)(1).
    On motion by Ms. Szakos, seconded by Ms. Edwards, Council certified by the
    following vote (Ayes: Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos; Noes:
    None), that to the best of each Council Member's knowledge, only public business
    matters lawfully exempted from the open meeting requirements of the Virginia Freedom
    of Information Act and identified in the motion convening the closed session were heard,
    discussed or considered in the closed session.
    COUNCIL CHAMBERS – November 7, 2011
    Council met in regular session on this date with the following members present:
    Mr. Norris, Ms. Edwards, Mr. Huja, Ms. Szakos, Dr. Brown.
    ANNOUNCEMENTS
    Mr. Norris announced that Charlottesville received the highest certification in the
    Virginia Municipal League’s “Go Green” government challenge last month with
    platinum-level certification, the highest possible, for being a green and sustainable
    community. This is the fourth year in a row that the VML recognized the City as part of
    2
    the Go Green Government Challenge Program. Mr. Jones accepted the award on behalf
    of all City staff working on green initiatives.
    Ms. Szakos announced the next Our Town meeting at Charlottesville High School
    on Thursday, November 10th at 6:00 p.m. for the Greenbrier/Locust Grove
    neighborhoods.
    Mr. Huja announced CAT will provide free service for Election Day tomorrow.
    He also announced the temporary location for the Carver precinct.
    Ms. Edwards said the first grading period has been completed, and report cards
    are out.
    Mr. Norris said some precinct boundaries have changed. Go to
    www.charlottesville.org/vote or call 970-3250 to find your voting location. Also, the
    Dialogue on Race is honoring the Charlottesville 12 (the first African-American students
    to integrate City schools) by installing historical signs on Friday, November 18th at 10:30
    a.m. at Venable Elementary School and at 11:00 a.m. at the Albemarle County Office
    Building. On Saturday, November 19th at 11:00 a.m. there will also be a program at
    Venable School. Both events are open to the public. Call 970-3115 for more
    information. The City has found a 2011 Community Christmas Tree, thanks to Mr. and
    Mrs. Johnny Parks of 107 Greenbrier Terrace. The Grand Illumination of the tree will be
    on Friday, November 25th.
    MATTERS BY THE PUBLIC
    Ms. Alicia Bowler Lugo, 515 Brown St., said she is here tonight to ask Council to
    consider the Black community in Charlottesville. Members of the Black community
    frequently feel that they are not consulted or asked for their opinions, looked through as
    “cellophane”. There are lots of Black people left out when honors are being distributed in
    this community, such as: Ingrid Smith, who offers comfort to the sick; Emma Bowles,
    who gives rides to those who have no transportation; Mary Nicholas Nightingale, who
    organizes the Burley High School reunion every year; Jimmy Hollins, of the Burley
    Varsity Club; Karen Waters, who is involved in many events related to African-American
    affairs, the NAACP, which promotes the African-American Cultural Festival, as well as
    the numerous good works done by Black churches. For the first time in recent history,
    there is no Black leadership in Charlottesville other than on the School Board. African-
    American groups continue to be economically and academically disenfranchised. Black
    neighborhoods have been gentrified. Ms. Lugo asks Council to seek the opinions of the
    Black community on more issues.
    Mr. Fred Quarles, 2309 Fontaine Ave., said he wanted to give Mr. Hall his time.
    Mr. Norris said this is not in line with procedure and would not be permitted.
    3
    Mr. Evan Knappenberger, 308 Parkwood, with Veterans for Peace, wanted to
    recognize Native American people, whose land we are already occupying. The current
    permit for Occupy Charlottesville expires around Thanksgiving, but many members do
    not want to leave at that time. Mr. Knappenberger praised the intentions of the Occcupy
    Charlottesville participants and urged Council to engage them in conversation and
    consider their wishes.
    Mr. Mark Kavit, 400 Altamont St., read excerpts from emails regarding The
    Haven to and from Colette Hall and Haven executive director Kaki Dimock. Mr. Kavit
    criticized The Haven’s proposed policy of not allowing the homeless to use facilities
    without enrolling in certain self-help programs since that would drive the homeless back
    into the neighborhoods.
    Mr. Scott Bandy, 1639 Cherry Ave., yielded time to John Hall or Carol Thorpe,
    but his request was denied.
    Mr. Brandon Collins, 536 Meade Ave., said he was touched by what Ms. Lugo
    said. There are a lot of folks who feel like they have not been listened to. He was pleased
    to see the Vinegar Hill apology. Redevelopment is a frightening process for people who
    live in those neighborhoods. Please respect those residents. We have affordable housing
    and homeless crises. Mr. Collins expressed concern about the Single Resident Occupancy
    (SRO) facility admission policy (open to those with income), which doesn’t serve the
    homeless population. He also objected to a new sewer pump station in the Woolen Mills
    neighborhood.
    Mr. Conor J. Pratt, 563 Shady Ln., said he wished to yield his time to John Hall.
    He said he supports Mr. Hall’s proposal and petition regarding the homeless, especially
    since the Haven is becoming overtaxed.
    Mr. Ed Zavada, 1421 Briarcliff Ave., part of the occupation at Lee Park, said
    there has been an indirect request that Occupy Charlottesville consider vacating the park
    out of concern for the homeless population. Homelessness is a complicated issue. The
    Occupy movement has done good for members of the homeless population and would
    like to have safety issues regarding the homeless addressed with the group.
    Ms. Shawna Murphy, 1122 Forest Hills Ave., said there are 150 beds in the
    overnight shelter program and 300 homeless people. The sobriety requirement will be a
    barrier to many members of the homeless that need this service. She asked Council to
    address the issue of shelter during the winter months.
    Mr. John Edward Hall, 829 Mallside Forest Ct., said he has over 300 signatures
    for his PACE petition to provide for night-only camping and sleeping in government
    issued tents and sleeping accessories in designated parks year-round.
    Ms. Victoria Dunham, 1419 Chesapeake St., said Woolen Mills has been
    subjected to odors from the pumping station for many years. Council should remove
    4
    Option A (locating the new pump station in Woolen Mills) from the table entirely. She
    asked members of the audience in support of this to stand.
    Mr. Stratton Salidis, 704 B Graves St., asked why we spend so much time talking
    about roads through our central park and dams when both are not only unneeded but also
    destructive to the needs of Charlottesville residents. The Meadow Creek Parkway would
    increase traffic. He disputed information that water needs require more dam capacity. Mr.
    Salidis said the Nestle Company and The Nature Conservancy are financially linked.
    Mr. Bill Emory, 1604 E. Market St., said reports we have received on the
    pumping station options do not reflect the impact to several natural resources and damage
    to the neighborhood.
    Ms. Carol Thorpe, on behalf of the Jefferson Area Tea Party, said they have not
    received equal protection under the law in relation to Council’s actions regarding Occupy
    Charlottesville. The Tea Party does not oppose the occupiers, but there should not be
    suspension of ordinances, such as the curfew ordinance, to facilitate their activities,
    which threaten public safety. There are fire hazards, and criminal activity is a real
    problem.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Ms. Szakos said many people share Ms. Thorpe’s concerns, but she continues to
    support Occupy Charlottesville’s right to be at Lee Park because of First Amendment
    rights. Regarding Ms. Murphy’s concern about the number of homeless people needing
    beds versus what is available, she would like more information. We are trying to address
    this with SROs and The Haven. She said she appreciated Ms. Lugo’s comments and will
    personally make the commitment not to treat people as “cellophane”.
    Ms. Edwards said the homelessness issue cannot be adequately addressed during
    this time. She said we need a comprehensive plan and involve members of the homeless
    community in the discussion. She thanked Ms. Lugo for her comments and read a poem.
    Dr. Brown said we have to figure out how to serve the needs of our homeless
    population without creating an environment where Charlottesville is a good place to
    come if you are homeless. He thanked Ms. Lugo for her comments. He apologized to
    Ms. Thorpe for his comments that were published in the paper, and she accepted his
    apology.
    Mr. Huja said he respected that he and Mr. Salidis do not see eye to eye on some
    issues and suggested he check his facts regarding The Nature Conservancy.
    Mr. Norris thanked Ms. Lugo for her heartfelt comments and encouraged
    everyone to redouble their commitment to ensuring all voices are heard. He thanked
    speakers for coming forward regarding the pump station. He said Mr. Collins is correct
    5
    that there is a housing crisis in our community. The SRO is not free, but they will work
    with people to meet the minimum rent requirement. PACEM still has empty cots;
    resources are available, and there is no sobriety requirement. Regarding Occupy
    Charlottesville, Mr. Norris said at a certain point, you begin to change the nature of Lee
    Park by extending the curfew indefinitely. This requires more community involvement.
    On motion by Dr. Brown, seconded by Mr. Huja, Council approved the following
    appointments to Boards and Commissions: Whit Graves and Preston Coiner to the Board
    of Architectural Review; Peter Jenkins to the Citizen’s Advisory Panel; Marnie Allen to
    the Community Development Block Grant; John Pfaltz to CHART, Chris Atwell to
    Dialogue on Race; Kitty Pickett to JAUNT; Erica Goldfarb to Sister City Commission.
    (Ayes: Mr. Huja, Ms. Edwards, Mr. Norris, Ms. Szakos; Dr. Brown; Noes: None.)
    Ms. Szakos said there are several vacancies on the CDBG Task Force and
    encouraged citizens from Ridge St., Belmont, Fifeville, and 10th & Page neighborhoods
    to apply.
    CONSENT AGENDA
    On motion by Ms. Szakos, seconded by Ms. Edwards, the following consent
    agenda items were approved: (Ayes: Mr. Huja, Ms. Edwards, Mr. Norris, Ms. Szakos;
    Dr. Brown; Noes: None.)
    Minutes of October 3
    APPROPRIATION: FY2012 Friendship Court Sponsorship Agreement (2nd
    Quarter) - $22,130.50 (1st of 2 readings)
    APPROPRIATION: Grant Award from the Virginia Department of Forestry -
    Azalea Park Biofilter Project - $7,500 (1st of 2 readings)
    APPROPRIATION: Victim Witness Assistance Program Grant - $157,143 (1st of
    2 readings)
    APPROPRIATION: Transfer of Funds for Purchase of Land for Davis Field - $
    750,500 (1st of 2 readings)
    RESOLUTION: Support for Brownfields Assessment Grant Application (1st
    of 1 reading)
    RESOLUTION: Revision to Home Energy Conservation Grant Program
    Policy (1st of 1 reading)
    RESOLUTION: Oakhurst Cir Development – Allocation of Funds - $75,000
    (1st of 1 reading)
    RESOLUTION: Spay/Neuter Memorandum of Understanding between
    Charlottesville and SPCA (1st of 1 reading)
    ORDINANCE: Regulation of Pneumatic (Air Powered) Guns (1st of 2
    readings)
    RESOLUTION: Equal Rights Amendment (1st of 1 reading)
    6
    PUBLIC HEARING/RESOLUTION: LEASE TO VIRGINIA DISCOVERY
    MUSEUM
    Mr. Tolbert presented to Council. Staff would like to expand the area of the lease
    to the Virginia Discovery Museum to include most of the area surrounding the Carousel.
    The public hearing was opened.
    Having no speakers, the public hearing was closed.
    Ms. Szakos asked if the area would lose public seating. Mr. Tolbert said staff can
    examine installing additional seating outside the leased area.
    On motion by Mr. Huja, seconded by Dr. Brown, the resolution passed. (Ayes:
    Mr. Huja, Ms. Edwards, Mr. Norris, Ms. Szakos; Dr. Brown; Noes: None.)
    PUBLIC HEARING/RESOLUTION: 600 PRESTON PLACE SPECIAL USE
    PERMIT
    Ms. Ebony Walden presented to Council. She reported on the public hearing held
    at the Planning Commission meeting on October 31. The permit was approved
    unanimously with six conditions, which are listed in the Planning Commission report.
    Ms. Szakos asked for clarification on the number approved. Ms. Walden said the
    Planning Commission approved up to 17 residents, but the applicant is only asking for 14
    residents. Ms. Szakos asked what the maximum number of people permitted to live in
    that building if there were no restrictions. Ms. Walden said the building code for a
    building this size would allow 40 residents, if it were a multifamily building.
    Mr. Huja asked if this fraternity had been given special privilege. Ms. Walden
    said this fraternity had been grandfathered in, but the City can allow increased density.
    The public hearing was opened.
    Mr. Richard Crosier, 624 Preston Place, has lived in the neighborhood for over 30
    years and opposes the permit because of the problems the neighbors have had with the
    fraternities over the years. He fears they are on the road to becoming a high density
    neighborhood.
    Ms. Beth Turner, 630 Preston Place, said her family has lived in her historic home
    for the past four years. It is zoned as a residential neighborhood with historic overlay,
    and she believed it would be protected as such. The City commissions are not listening to
    7
    the neighbors, and by increasing the density, you are disfiguring historic houses and
    destroying the neighborhood. Please preserve this as a neighborhood for families.
    Mr. Mike Bevier, 712 Rugby Rd., said he is here on behalf of the Venable
    Neighborhood Association. The neighborhood is not against rehabilitating the
    fraternities. He wants the City to deny the permit until the fraternity has demonstrated
    that they can manage the property with the current occupancy.
    Mr. Will Teass, applicant representative with Tektonics Design Group and agent
    for the Xi Chapter of Theta Chi, explained details of the project to Council.
    Mr. Art Kiser, 1872 Edgewood Lane, said he agrees with his fellow neighbors
    that the permit should not be approved. Traffic, noise, and trash are issues for the
    neighborhood. Council will likely be presented with a similar proposal from neighboring
    fraternities, and establishing a precedent of approving these proposals is not harmonious
    with the neighborhood’s composition.
    Having no further speakers, the public hearing was closed.
    Mr. Huja said the project is not harmonious with the neighborhood, which is in
    delicate balance right now, and expanding the fraternities would destroy that balance.
    Approving this application will set a bad precedent, and he opposes the expansion.
    Ms. Szakos asked how long new management and a new board has been in place.
    Mr. Grady Lewis said since 2010. She asked Ms. Walden what the record of this
    fraternity has been with the City regarding police reports, etc. Ms. Walden said she did
    not have that information readily available, but staff will research it.
    Dr. Brown said the Planning Commission was unanimous in their decision, and
    Council should examine why there was strong support for the project. We should not
    reverse their decision simply because Council disagrees. Dr. Brown said it does not seem
    as though the requested increase is substantial. Ms. Szakos responded that Council
    members were not at the public hearing before the Planning Commission so she felt
    Council members needed to consider the request very carefully.
    Ms. Edwards said she agreed with Mr. Huja.
    Mr. Norris sympathized with the neighbors, who have legitimate concerns, but the
    number of residents may not make a difference. There are separate issues: the problems
    with fraternity behavior and the size and scale of this particular project. Mr. Huja said the
    number of residents is important because typically the problems increase with the number
    of residents. He expressed concern about preserving the integrity of the neighborhood.
    Ms. Szakos proposed Council defer the decision until additional information from
    police reports is obtained. Mr. Norris asked if there is a time constraint. Mr. Brown said
    there is not. Dr. Brown said he wasn’t sure if additional reports will clarify the issue, and
    8
    Ms. Edwards agreed. Dr. Brown asked the City Attorney if there would be a link between
    this project and future projects. Mr. Brown said Council just needs to be reasonable in its
    decision making.
    On motion by Ms. Szakos, seconded by Mr. Norris, Council moved to defer a
    decision until further information could be obtained. The motion to defer passed. (Ayes:
    Mr. Huja, Mr. Norris, Ms. Szakos; Dr. Brown; Noes: Ms. Edwards.)
    PUBLIC HEARING/ORDINANCE: CRITICAL SLOPES IN PLANNED UNIT
    DEVELOPMENTS (PUDs) (carried)
    Mr. Haluska presented to Council. The proposed change would subject PUDs to
    the same standard as other developments in the City, rather than the tighter standard
    inadvertently created by the addition of the definition of steep slopes. The Planning
    Commission voted unanimously to approve the ordinance.
    The public hearing was opened.
    Ms. Colette Hall, 101 Robertson Ln., said loosening the tighter steep slope
    ordinance is a joke. The Planning Commission rarely if ever has refused to grant a steep
    slope waiver request. This goes against Council’s Vision for a “Green City”.
    Mr. Brandon Collins, 536 Meade Ave., said the way the ordinance stands now is
    working, and there is no reason to weaken it.
    Mr. Bill Emory, 1604 E. Market St., said he agrees with Dr. Brown that the
    Planning Commission’s recommendations are thoughtful and well-discussed, and
    Council should use caution when considering reversing their decision. He does not know
    how you can fold critical slopes ordinance into a zoning hearing.
    Mr. Peter Kleeman, 407 Hedge St., supported Dr. Brown’s comments regarding
    Planning Commission decisions. If Council overrules a board’s decision, it should be for
    reasons that are outside the purview of the board.
    Having no further speakers, the public hearing was closed.
    Ms. Szakos said she agreed with Mr. Kleeman. She said she accepts the Planning
    Commission’s recommendation.
    Upon Mr. Norris’s request, Mr. Haluska explained how the approval process
    would work with the revised zoning text amendment.
    On motion by Dr. Brown, seconded by Ms. Szakos, the ordinance carried.
    9
    PUBLIC HEARING/ORDINANCE: UPDATE CIVIL PENALTIES RELATED TO
    ZONING VIOLATIONS AND CORRECT A CODE REFERENCE TO THE ZONING
    MATRIX (carried)
    Ms. Creasy presented to Council. Updates are “housekeeping” changes allowing
    staff to comply with state code and do not change the code’s intent.
    The public hearing was opened.
    Having no speakers, the public hearing was closed.
    On motion by Mr. Huja, seconded by Dr. Brown, the ordinance carried.
    REPORT/RESOLUTION: VINEGAR HILL APOLOGY
    Mr. Jones presented to Council. He gave brief a summary of the history of
    Vinegar Hill. Mr. Jones read the resolution aloud.
    Ms. Edwards said this is long overdue, and she hopes this will provide healing for
    some of the pain. She thanked her fellow Councilors for supporting this.
    On motion by Mr. Huja, seconded by Ms. Edwards, the resolution passed. (Ayes:
    Mr. Huja, Ms. Edwards, Mr. Norris, Ms. Szakos; Dr. Brown; Noes: None.)
    REPORT: RIVANNA PUMP STATION UPDATE
    Mr. Tom Frederick reported to Council and gave a power point presentation.
    Ms. Szakos said the architects’ efforts spent on the building at the current site
    were heroic. Mr. Norris asked what Option A approval was contingent upon. Mr.
    Frederick said a special use permit would have to be obtained by the City to implement.
    Ms. Szakos said she initially favored Option D but found out steep slopes on the
    east side were problematic. Mr. Frederick explained their outreach to property owners
    who would be affected by each option, and cost estimates of each.
    Mr. Norris asked if we know of other instances where a pump station of this
    nature has been located in a neighborhood. Mr. Frederick said he does not know of any
    other sites where a pump station of this size and magnitude is located in a neighborhood.
    Dr. Brown asked Council if they are in favor of Option E and completely opposed
    to Option A.
    10
    Mr. Norris asked Council if we should state Option A should be taken off the
    table. Ms. Szakos asked for a motion saying current Council does not support Option A
    or conveying property to facilitate Option A or a special use permit for Option A.
    City Attorney Craig Brown said RWSA would have to acquire additional property
    to do Option E, which would require Council approval, so any decision now would not be
    binding on a future Council.
    Ms. Edwards asked to state for the record an excerpt from Bill Emory’s letter of
    September 30, 2010: Mr. Emory said City Council in 1958, when the pump station was
    built, did not envision wastewater from Crozet to Camelot being treated at the plant. An
    executive order dated February 11, 1994 stated that no group of people should bear a
    disproportionate share of negative consequences from industrial or municipal operations.
    On motion by Mr. Norris, seconded by Ms. Edwards, Council moved to support
    Option E and not support Option A (which includes acquiring land or granting a special
    use permit), passed unanimously.
    REPORT: JAUNT ANNUAL REPORT
    Ms. Donna Shaunesey presented a PowerPoint to Council on the JAUNT Annual
    Report for FY10-11.
    Ms. Szakos asked how the ratio from different localities is determined. Ms.
    Shaunesey said it is complicated and described the methodology. Mr. Norris said JAUNT
    has Council’s full support.
    REPORT/RESOLUTION: MASTER PLAN PROCESS FOR MEADOW CREEK
    STREAM VALLEY
    Mr. Chris Gensic of Parks & Recreation presented to Council. Staff is requesting
    Council authorize the beginning of the Master Plan Process for the Meadow Creek
    Stream Valley as recommended by the Parks and Recreation Advisory Board at their
    meeting on September 21, 2011.
    On motion by Mr. Huja, seconded by Ms. Szakos, the resolution to approve the
    Master Plan Process passed unanimously.
    Mr. Norris thanked Mr. Gensic for his work and said this was an exciting
    prospect.
    MATTERS BY THE PUBLIC
    Mr. Peter Kleeman, 4407 Hedge St., thanked Council for quickly getting the new
    Vision Statement posted. He asked Council to be more vocal about championing items
    from the Vision Statement and ensure their support of these issues when considering
    decisions.
    Mr. Will Balrich thanked Council for their support of industrial hemp and
    discussed the benefits of hemp manufacturing.
    Ms. Colette Hall, 101 Robertson Ln., said thee homelessness problem is a growing
    issue. Our home less population is no longer local, ass homeless are coming from all over
    the Eastern United States to Charlottesville because of the amenities we offer. North
    Downtown residents are suffering because of the vagrancy, trash and drunken fights.
    Mr. Jamie Dyer, 806 Avon St., thanked Council for passing the industrial hemp
    resolution.
    The meeting was adjourned.
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Monday, November 21, 2011, AT 6:00 p.m. IN THE Second Floor
    Conference Room.
    THE PROPOSED AGENDA IS AS FOLLOWS:
    Closed session as provided by Section 2.2-3712 of the Virginia Code
    BY ORDER OF THE MAYOR BY Barbara Ronan
    SECOND FLOOR CONFERENCE ROOM – November 21, 2011
    Council met in special session on this date with the following members present:
    Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos (came in after motion was
    made).
    On motion by Dr. Brown, seconded by Mr. Huja, Council voted, (Ayes: Dr.
    Brown, Ms. Edwards, Mr. Huja, Mr. Norris; Noes: None), to meet in closed session for:
    (1) consultation with legal counsel regarding the negotiation of the terms and conditions
    of a community water supply cost sharing agreement with the Albemarle County Service
    Authority, as authorized by Virginia Code Sec. 2.2-3711(A)(7); (2) discussion of
    acquisition of three parcels of property on Jefferson Park Circle west of Fry Springs
    Beach Club, and one parcel located between Holmes Avenue and Pen Park, all to be used
    for a public purpose, where discussion in an open meeting would adversely affect the
    City’s bargaining position, as authorized by Virginia Code Sec. 2.2-3711(A)(3); and (3)
    discussion of the compensation of the City Manager, as authorized by Virginia Code Sec.
    2.2-3711(A)(1).
    On motion by Dr. Brown, seconded by Mr. Huja, Council voted to recess the
    closed session and reconvene immediately following the regular Council meeting (Ayes:
    Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos; Noes: None).
    COUNCIL CHAMBERS – November 21, 2011
    Council met in regular session on this date with the following members present:
    Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos.
    ANNOUNCEMENTS
    Mr. Norris announced that the Clerk of Council, Paige Barfield, delivered a baby
    girl, Olivia Paige, on November 8th, and that Barbara Ronan of the City Attorney’s Office
    would be filling in for her during her maternity leave. He also announced the
    2
    Thanksgiving holiday closings (no trash or recycling pick up, and no transit service, on
    November 24th ).
    Ms. Szakos announced several events on the downtown mall to celebrate the
    holidays, including the Grand Illumination and related activities, plus a free movie at the
    Paramount Theater (Home Alone). The Holiday Parade is from 10:00-11:30 a.m. on
    December 3rd.
    Mr. Huja announced that the public is invited to attend the next Town Hall
    meeting on Thursday, December 8th from 6-8 p.m. at Meadows Church, with dinner
    provided.
    MATTERS BY PUBLIC
    Ms. Barbara Cruikshank, 324 Parkway Street, spoke in opposition to the addition of
    fluoride to the drinking water provided to the public. She cited several studies linking
    fluoride to various diseases or health problems, and stressed the risk for infants and
    pregnant women. She said fluoride is considered medication, and many cities have
    stopped putting fluoride in the municipal water system. She stated diet prevents cavities
    more than fluoride.
    Emerald Young, 237 Yellowstone Drive, also spoke against water fluoridation because of
    the health risks. Peer review studies have not been provided to public so they are unaware
    of risks. She stated that fluoride in the water is different from toothpaste fluoride, and
    said that fluoride is an industrial waste product, which is difficult to remove from the
    water. She provided Council members with materials to support her positions.
    Bailee Hampton, homeless, asked everyone in the audience to raise their hands if this is
    their first Council meeting. Ms. Hampton stated the City does not have adequate
    resources for homeless, with 300 people in City being homeless and not enough beds.
    She questioned how and where the City invests its money. She claimed that reported
    incidents of crime in the neighborhood have actually decreased since Occupy
    Charlottesville has been in the park.
    Brandon Collins, 536 Meade Ave, spoke in favor of forming a Human Rights
    Commission, as proposed by the Dialogue on Race Committee. He supports the City
    legislative program (especially the bill opposing denial of food stamp benefits for people
    convicted of drug distribution offenses). Mr. Collins was disappointed that the legislative
    program did not address immigrants’ rights. He thinks the public should be given an
    update on the status of the water supply cost share negotiations.
    Brian Moss, Maple Hill Farm, Scottsville, complained that he was ticketed twice for
    parking on sidewalk while helping City pick up recycling. He would like the City to
    consider reimbursing him for costs of tickets and towing.
    Overton McGeehee, 924 Courthouse Road, Palmyra, discussed the City’s partnership
    with Habitat for Humanity, and the current and proposed mixed income housing projects.
    3
    He encouraged Council to devote more funds from Housing Fund to Habitat for
    Humanity.
    Maureen Burkhill, 1630 Oxford Road, said she is a volunteer with Habitat for Humanity
    and described the problems many low income people have in finding affordable housing.
    She thanked Council for being very generous with funding, but urged Council to give
    more money to Habitat for Humanity.
    Gloria Rockhold, 1417 Lester Drive, said she is a member of the Dialogue on Race
    Committee, and wants to present recommendations to Council. She translated her
    comments into Spanish as she spoke, and asked all supporters to raise their hands. She
    would like Council to create a Commission on Human Rights, Racial Diversity and Race
    Relations.
    Mark Kavit, 400 Altamont Street, complained that the Jefferson Park Avenue Bridge
    construction is causing problems at night for drivers. He recommends better detour
    signage, and wants Council to help merchants whose businesses have been hurt because
    of the construction.
    Ivana Kadija, 704 Belmont Avenue, opposes fluoridation of water due to its
    neurotoxicity. Since 1963, 24 studies have reported association between fluoride and bad
    health effects (cognitive function affected, especially in children). She favors creating a
    Commission on Human Rights, acting on the platform developed by the Dialogue on
    Race Committee. She wants Council to consider funding a director position for it.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Fluoride in the Water: Ms. Szakos stated that the water supply is owned by the City and
    County in common and although major medical and dental associations still support
    putting fluoride in the water, we should continue to discuss its efficacy. Dr. Brown said
    he is sympathetic to the fluoridation issue because it’s not a choice for consumers, and we
    should take a careful look at it. Mr. Huja suggested that Rivanna Water & Sewer
    Authority look at the issue again. Ms. Edwards thinks the fluoride issue is intriguing but
    wants to do more research on it – she encouraged everyone to read the book (“Fluoride
    Deception”) recommended by Ms. Young.
    City’s Banking Practices: Ms. Szakos responded that the City must have a relationship
    with any bank that an employee uses because we have direct deposit of paychecks. Mr.
    Norris said the City should examine which banks are used, and wondered why the Credit
    Union isn’t being used for the City’s banking needs.
    Towing Complaint: Ms. Szakos and Dr. Brown both stated that Mr. Moss is responsible
    for illegally parking twice, and should pay the tickets. Ms. Edwards advised Mr. Moss
    that there is an appeal procedure for parking tickets through the Treasurer’s Office, and
    he could contest it in court if he really felt he was not at fault.

    4
    Jefferson Park Avenue Bridge Construction: Ms. Edwards said the City tries to support
    the businesses near the JPA Bridge, and encouraged the public to patronize those
    businesses. Mr. Norris recognized the concerns of the JPA businesses and would like to
    do more to actively support them.
    Human Rights Commission: Ms. Edwards said she supports the idea of a Human Rights
    Commission and City Council should discuss it more. Mr. Norris also supports
    formation of a Human Rights Commission.
    CONSENT AGENDA
    Mr. Huja asked for Item F and Item J on the Consent Agenda to be discussed and
    considered as part of the Regular Agenda. Ms. Edwards suggested Council discuss under
    Other Business the need for additional work sessions on solid waste and follow up on the
    Virginia Organizing Project’s report on employment of African-Americans.
    On motion by Mr. Huja, seconded by Dr. Brown, the following consent agenda
    items were approved: (Ayes: Mr. Huja, Ms. Edwards, Mr. Norris, Ms. Szakos; Dr.
    Brown; Noes: None.)
    a. APPROPRIATION: Runaway Emergency Shelter Program Grant - $222,222 (2nd
    of 2 readings)
    b. APPROPRIATION: Statewide Information Sharing Strategic Plan and Pilot
    Geospatial Visualization Project - $1,000,000 (2nd of 2
    readings)
    c. APPROPRIATION: State Criminal Alien Assistance Program Grant - $16,738
    (1st of 2 readings)
    d. APPROPRIATION: Charlottesville Police Foundation Contribution - $2,376.14
    (1st of 2 readings)
    e. APPROPRIATION: Bullet Proof Partnership DOJ Grant - $4,300.92 (1st
    of 2
    readings)
    f. RESOLUTION: Allocation of Funds for Vinegar Hill Monument (1st
    of 1
    reading) [moved to Regular Agenda]
    g. ORDINANCE: Reauthorization of the Technology Zone Tax Incentives (2nd
    of 2 readings)
    h. ORDINANCE: Planned Unit Development application requirement
    revisions (2nd of 2 readings)
    i. ORDINANCE: Update Civil Penalties for Zoning Violations and Correction
    to Code Section re Zoning Matrix (2nd of 2 readings)
    J. ORDINANCE: Extension of Home Improvement Tax Exemption Program
    (1st of 2 readings) [moved to Regular Agenda]

    5
    PUBLIC HEARING/ORDINANCE: ABANDON GAS LINE EASEMENT IN
    PAVILLIONS SUBDIVISION (ALBEMARLE COUNTY)
    Mr. Brown, City Attorney, explained that the gas line easement in the Pavillions
    Subdivision in Albemarle County was no longer needed because the design of the project
    had changed. A new gas line easement has been obtained to replace the one being
    abandoned. State law requires a public hearing whenever the City conveys a property
    interest, including easements.
    Having no speakers, the public hearing was closed.
    On motion by Ms. Szakos, seconded by Dr. Brown, the ordinance was offered and
    carried over to the next meeting for consideration.
    PUBLIC HEARING/APPROPRIATION: FISCAL YEAR 2011 YEAR END
    APPROPRIATION
    Mr. Bernard Wray, Director of Finance, reported on the Fiscal Year 2011
    expenditures and revenues, and said there was a positive financial outcome. Mr. Wray
    recommended the approximately $1.2 million in surplus funds should be put into the
    Capital Improvements Projects (CIP) Contingency Fund.
    Mr. Norris opened the public hearing. Mr. Brandon Collins recommended the
    surplus funds be put into the Housing Fund. He praised Council for allocating money for
    holiday bus service and recommended additional funding for transit purposes.
    Ms. Colette Hall stated any surplus funds should be given back to the taxpayers,
    but if that isn’t done, Council should put the surplus funds and other funds recommended
    for other purposes into the CIP Fund to reduce concerns by bond rating agencies that less
    cash was being contributed to the CIP. She also asked Council to consider how the City
    would meet its needs if there were no revenue sharing payments from Albemarle County.
    Mr. Peter Kleeman said there is a crisis in maintenance of the City’s infrastructure
    and said some of the surplus should go to long term maintenance costs of existing
    infrastructure rather than into new capital projects.
    Having no further speakers, the public hearing was closed.
    Dr. Brown questioned Mr. Brian Daly, Director of Parks & Recreation, about the
    apparent $400,000 deficit in the Golf Fund. Mr. Daly stated that the deficit was caused by
    aggregated losses over several years, including $272,000 by the First Tee program since
    2006. Another $102,000 in revenue was lost because of the RWSA sewer construction
    project. Mr. Huja said Council should have been notified sooner about the Golf Fund
    losses. Mr. Daly said several years ago he examined the profit/loss figures in the Golf
    6
    Fund and has taken steps to address the issues (First Tee program was transferred to the
    General Fund, more volunteers are being used, and the rate structure for users of the golf
    course was changed so per-round revenue is higher). Mr. Wray stated the result is that the
    Golf Fund is expected to make a profit next year. There was discussion among Council
    members about the First Tee program and the Golf Fund in general. Ms. Szakos strongly
    believes the Golf Fund should be self-supporting and City funds should not be
    subsidizing it. Mr. Jones said most programs don’t make money in the beginning, and
    Council may need to discuss funding of the First Tee program in the budget work
    sessions. Mr. Norris stated the City has to pay for the deficit regardless of whether we
    use surplus funds or a bond issue.
    Dr. Brown spoke on the Dialogue on Race Committee’s emergence from a
    process into a formal part of City government, and why funding for it isn’t part of the
    budget process. Mr. Jones gave some background history and advised Council that
    funding for the Dialogue on Race Steering Committee, and the proposed Human Rights
    Commission, recommended by the Dialogue on Race Committee, will come before
    Council for discussion in December.
    Dr. Brown and Mr. Huja asked Mr. Jones if and when Council would have
    opportunity to decide specifically how to spend the surplus funds. Mr. Jones replied that
    during the budget sessions, Council can decide how to fund various programs, but the
    Golf Fund deficit needs to be resolved now.
    Mr. Huja stated the surplus funds from Fiscal Year 2011 should go to the CIP.
    Ms. Szakos confirmed with staff that major maintenance expenses are programmed into
    the Capital Projects Fund. Mr. Norris said the Planning Commission and the Housing
    Advisory Committee propose to increase funds for housing. He also stated that City staff
    had researched how to return surplus funds to the taxpayers but it would be considered
    taxable income and IRS forms would have to be filed on each payment, so it was deemed
    impractical. Mr. Jones stated that past surplus funds have been reinvested into the
    community and put to good use (Smith Aquatic Center, Fontaine Fire Station, Onesty
    Aquatic Center). Mr. Norris advised Council members to look at the Year End
    Appropriation documents carefully, and if necessary further discussion could take place
    at the next meeting.
    On motion by Ms. Szakos, seconded by Ms. Edwards, the appropriation was
    offered and carried over to the next meeting for consideration.
    PUBLIC HEARING: LEE PARK – OVERNIGHT ACTIVITIES
    Mr. Jones gave background information on the requests by Occupy
    Charlottesville group and the City’s actions. He reported on the issues involved (public
    safety, First Amendment rights), and said this matter now needs Council input.

    7
    Mayor Norris opened the public hearing. There were 57 speakers. Fifty one (51)
    persons (a list of their names is attached to these minutes) spoke in support of the Occupy
    Charlottesville (OC) movement and extension of the permit allowing them to stay
    overnight in Lee Park for an indefinite period of time. They presented a petition with 434
    signatures on it in support of extension of the permit.
    Many speakers explained why they had joined OC. Some said it is a political
    statement to protest corruption, income disparity, unemployment, and homelessness. One
    speaker emphasized that OC is not camping; it is an occupation of land, and the sustained
    protest shows how serious they are about the political movement. Another referenced a
    march in Washington D.C. on similar issues but said it takes more than a “1 day effort” to
    have an impact. One speaker claimed Lee Park has been “political space” for 85 years,
    since the statute of Robert E. Lee was created to honor a Confederate war hero. He said
    Council should allow OC to express the “counter point” by letting them continue to
    occupy Lee Park.
    Several speakers told Council they are exercising their First Amendment rights to
    express political views, and it’s important to protect their freedom to do so. Two speakers
    suggested that City Council would be sending a “message of aggression” and would be
    “responsible for acts of violence” if they do not extend the permit. A speaker said that the
    Sierra Club and the Legal Aid Justice Center both support the OC movement and that it is
    about economic justice.
    Many speakers praised the OC group for the sense of community it created among
    its members, who care deeply for one another, offering a supportive “home” for some
    members. One speaker explained the red clothing most supporters were wearing at
    tonight’s meeting. A 12 year old supporter said she has grown up poor, without
    affordable access to medical care, and believes students are not being educated in
    “realism.” She is proud that OC is “fighting back.” Another supporter said OC supports
    education but the schools are not teaching basic skills, such as growing your own food.
    Many speakers commented on the homeless problem and the OC group’s positive
    impact on homeless individuals. They commented that OC is establishing a relationship
    with area homeless persons that is good for the homeless, especially those who don’t
    choose to use The Haven or other homeless shelters.
    Several supporters acknowledged there are real concerns about the problems
    created by OC (trash, crime, alcohol abuse, safety), but urged Council to help and support
    OC, even though it’s a challenge. Some supporters said they live near Lee Park and are
    in favor of the OC group being in Lee Park. One speaker asked the supporters to stand if
    they are in favor of OC and the majority of the audience members stood up.
    A few speakers offered an alternative of moving the occupation to another public
    location, if a suitable one could be found and they could occupy it 24 hours a day, 7 days
    a week. One speaker praised City Council for its attempts to begin a dialogue with
    residents, such as the Town Hall meetings and Dialogue on Race. He said OC is a group
    8
    that wants to engage and we should be proud of their initiative, but suggested another
    location other than Lee Park might be more appropriate.
    The speakers who opposed extension of the permit to allow overnight stays in Lee
    Park by OC referenced problems related to public safety and the safety of the occupiers.
    Gerald Barnes stated the general public is afraid to use Lee Park because of the homeless
    bothering people and the alcohol abuse.
    Elizabeth Breeden, on behalf of PACEM, an organization which provides
    overnight shelter to the homeless, opposes the extension of the permit to OC because the
    homeless are using tents left overnight rather than safer shelter alternatives offered by
    PACEM and other organizations. When the weather turns very cold, these tents do not
    give adequate protection.
    David Repass said he lives across from Lee Park, is a strong supporter of The
    Haven and civil rights issues, but thinks Lee Park should go back to being a public park.
    He believes the OC movement has succeeded in calling attention to societal problems but
    they need to seek more “realistic tactics.”
    Mr. Mark Kavit lives in the North Downtown neighborhood and is opposed to
    overnight camping in Lee Park by OC. His major concern was for public safety because
    of the alcohol and homeless persons who come from outside the CharlottesvilleAlbemarle
    area. He supports the efforts of The Haven.
    Ms. Colette Hall said the OC movement was attracting homeless individuals from
    far outside the Charlottesville/Albemarle area. There have been assaults and excessive
    alcohol consumption, causing the police to be called many times.
    Having no further public speakers, the public hearing was closed.
    Mr. Norris cautioned the audience that Council does not have the power to extend
    the special event permit; that is the decision of the director of Parks & Recreation and the
    City Manager. The question is whether to waive the 11:00 p.m. curfew for Lee Park. He
    has gotten lots of e-mail messages, both in support of and opposed to an extension of the
    permit.
    Ms. Szakos said that OC is about free speech, but she hopes the group doesn’t
    continue its overnight activities into winter. She said free speech doesn’t end at 11:00
    p.m. or because of the Thanksgiving holiday. She called on Chief Longo to comment on
    the incidence of crime in Lee Park since OC began. Chief Longo said there have been 21
    arrests, mostly involving alcohol, but the requirement for police presence has diminished
    over time.
    Ms. Edwards acknowledged the failed system. She hoped OC would undergo a
    group transformation and decide to work within the current social services system.
    9
    Mr. Norris said the OC made good arguments, but heard very little about the
    necessity to use Lee Park in particular. Many neighbors want the park back, and the
    occupation has changed the nature of Lee Park. He inquired as to whether the OC
    movement is stronger than this park. Mr. Norris read a letter from Mr. John Whitehead
    of the Rutherford Institute, where it was suggested that an alternate location be found that
    would serve the First Amendment rights of OC but not be in Lee Park.
    Dr. Brown agreed with Mr. Norris that Lee Park is not an appropriate location for
    overnight occupation, but the OC movement is valuable.
    Mr. Huja agrees with the goals of OC, and states that freedom of speech is very
    important. He also agreed with Dr. Brown and Mr. Norris that another location would be
    best. Mr. Huja suggested that the City allow them to occupy Lee Park until
    December 31st; other Council members said that was too long an extension.
    Mr. Norris suggested that Council and City staff work with the OC members and
    the Rutherford Institute to find another location. Mr. Jones said Council needs to give
    staff direction on further extensions of the permit.
    Ms. Szakos asked whether Council should waive the curfew for Lee Park until
    another location is found, but Mr. Jones expressed concern about the precedent that
    would set.
    Mr. Norris discussed the homeless issue and the efforts the City has made over
    the years to address it. He is concerned about the “us against them” attitude between OC
    and PACEM, which have the common interest of advocating for the homeless. He stated
    that OC needs to find another location, but there is flexibility in renewing the 3 day
    permit into next week as long as there is a good faith effort toward finding a new
    location.
    RESOLUTION: 600 PRESTON PLACE SPECIAL USE PERMIT
    Mr. Tolbert gave background on the special use permit request. He responded to
    Ms. Szakos’ concern expressed at the November 7th Council meeting about police calls to
    the property and noise complaints. He said there have been few problems associated with
    this fraternity and the current owners were very responsible and cooperative. Mr. Tolbert
    also provided Council with additional information that was not available at the last
    meeting–he said the property was allowed up to 13 units by special permit granted in
    1986, so the applicant’s request for an increase from 10 units to 14 units did not
    significantly increase the number of units already allowed.
    Mr. Huja asked if there was an expiration date to the special use permit. Mr.
    Tolbert responded there was not.
    10
    Ms. Szakos said, given the fact that the fraternity actually has been a good
    neighbor, she has no objection. Although the Planning Commission approved up to 17
    units, Dr. Brown said he would support 14 units under an amendment to the special
    permit.
    Mr. Norris said he wanted an alternate representative of the fraternity to be
    identified, in addition to a primary contact. He said he was concerned with increasing
    density in the neighborhood through special use permits, and the cumulative effect on the
    neighborhood. Mr. Tolbert said it is zoned R-3 which is meant for multi-family high
    density zoning, and fraternities are an appropriate use. However, Council has the right to
    evaluate each special use permit and evaluate the impacts.
    Mr. Huja said he opposes the approval of the special use permit because of the
    harmful effect on the neighborhood.
    Ms. Edwards opposed approval because of the systemic negative impact on the
    neighborhood.
    On motion by Dr. Brown, seconded by Ms. Szakos, Council approved the
    Resolution, as amended to add a second contact person, by a vote of 3-2 (Ayes: Dr.
    Brown, Mr. Norris, Ms. Szakos; Noes: Mr. Huja, Ms. Edwards).
    REPORT/RESOLUTION: ALLOCATION OF FUNDS TO PIEDMONT HOUSING
    ALLIANCE FOR PURCHASE OF REGION TEN PROPERTIES - $750,000
    Mr. Tolbert explained that the allocation of $750,000 would be taken from the
    Strategic Investment Fund, in which funds are set aside for housing initiatives. The funds
    would be transferred to Piedmont Housing Alliance (PHA) for the purchase and
    improvement of three properties from Region Ten (1907 Cedar Hill Road, 719 Shamrock
    Road and 720 Highland Avenue) which have been used as group homes. This would
    meet an immediate affordable housing need and Region Ten could rent one of the houses
    until they find a location where they can consolidate their operations.
    Mr. Norris asked if the City would get the money back eventually. Mr. Tolbert
    said the proceeds from rent and sale of the houses would be shared between the City and
    PHA, and the City’s share would go back into the Strategic Investment Fund for
    continued use.
    Ms. Szakos said it would provide more housing for low income families and
    Region Ten clients.
    On motion by Ms. Szakos, seconded by Ms. Edwards, Council approved the
    Resolution by a vote of 5-0 (Ayes: Dr. Brown, Ms. Edwards, Mr. Norris, Mr. Huja, Ms.
    Szakos; Noes: None).
    11
    REPORT/RESOLUTION: ALLOCATION OF CHARLOTTESVILLE HOUSING
    FUND DOLLARS FOR FY2012 - $344,500
    Mr. Tolbert explained that Council had appropriated $1,410,000 for the FY2012
    Charlottesville Housing Fund. The City has allocated $690,000 for the Nunley housing
    project, and $500,000 for the JABA project, leaving $344,500 for allocation. He
    described the various purposes that housing organizations would use the allocation of
    funds from the Charlottesville Housing Fund in Fiscal Year 2012, as described in the
    resolution.
    Mr. Tolbert explained that Piedmont Housing Alliance was not recommended to
    receive funding for down payment assistance from FY2012 funds because they had not
    yet used the funds allocated in previous years for that purpose (approximately an $80,000
    balance). Also, Habitat for Humanity was not recommended for funding for the Belmont
    Cottages project since Habitat already has received a lot of funding and many projects are
    still in various stages of completion.
    On motion by Mr. Huja, seconded by Dr. Brown, Council approved the
    Resolution by a vote of 5-0 (Ayes: Dr. Brown, Ms. Edwards, Mr. Norris, Mr. Huja Ms.
    Szakos; Noes: None).
    REPORT/RESOLUTION: LEGISLATIVE PROGRAM OF THOMAS JEFFERSON
    PLANNING DISTRICT COMMISSION
    Mr. David Blount, TJPDC, presented the 2012 Legislative Program approved by
    their Board. He highlighted several issues being supported by TJPDC, including a
    priority item of secondary road devolution (transferring maintenance responsibility of
    rural secondary roads to counties). He also discussed allocation by the Commonwealth
    Transportation Board for street maintenance funding, and that contractual arrangements
    between state and local governments should be encouraged (to reduce shifting costs to
    localities).
    Ms. Szakos asked how the TJPDC legislative position seeking the right for
    individual locality appeals of the local composite index to apportion state education
    funding might affect the City. Mr. Blount explained the history of this legislative
    position; that a process would have to be put in place should such legislation move
    forward; and that any appeal brought forth would have a broad impact across localities,
    as funds distribution would be impacted statewide.
    On motion by Mr. Huja, seconded by Ms. Edwards, Council approved the
    Resolution by a vote of 5-0 (Ayes: Dr. Brown, Ms. Edwards, Mr. Norris, Mr. Huja, Ms.
    Szakos; Noes: None).
    12
    REPORT/RESOLUTION: CITY’S LEGISLATIVE PROGRAM FOR THE 2012
    GENERAL ASSEMBLY
    Mr. Richard Harris, Deputy City Attorney, presented the proposed 2012
    legislative program for the City. He stated he had worked with City staff, City Council
    members, and others in deciding on which issues to ask our legislators to support, and the
    eight proposals in the Legislative Program generally involve human rights, costs savings
    to local governments and public safety. Mr. Harris reviewed the eight proposals for
    legislation.
    The proposal to prohibit use of indoor furniture outside of a dwelling, such as on a
    front porch, generated some discussion. Dr. Brown asked about the definition of indoor
    furniture vs. outdoor furniture. Mr. Huja said some fraternities have porches on the 2nd
    floor of a house. Ms. Edwards expressed concern that the proposal is too subjective. A
    majority of Council members wanted the term “covered porches” removed as a location
    where indoor furniture could not be used.
    Ms. Szakos stated that she is opposed to any legislation (related to revenue
    sharing payments) that would allow Albemarle County to receive public school funding
    that now goes to City schools.
    Mr. Norris noted that a 15 mph speed limit can be imposed on streets near schools
    and would like to see that same speed limit on streets near neighborhood parks. Dr.
    Brown said he would like the opinion of the City Traffic Engineer on that proposal. Mr.
    Tolbert said the current law allows the speed limit to be reduced by 10 mph in school
    zones, and said he would discuss the issue of a similar speed limit reduction near parks
    with the Traffic Engineer.
    On motion by Mr. Huja, seconded by Dr. Brown, Council approved the
    Resolution, with amendments to the Legislative Program as noted, by a vote of 5-0
    (Ayes: Dr. Brown, Ms. Edwards, Mr. Norris, Mr. Huja, Ms. Szakos; Noes: None).
    Ms. Edwards suggested that City Council hold a work session or discuss at the
    next meeting the issue of Work Place Diversity. Discussion was held on the benefits of a
    work session vs. a council meeting. Dr. Brown suggested the Mayor and City Manager
    come up with an appropriate date. Mr. Jones will look into which Council meeting
    would be best.
    Mr. Jones said the cost sharing agreement may be an item on a December
    Council agenda, and Ms. Edwards said the Rivanna Solid Waste Authority is planning to
    hold its meetings on a quarterly basis and she is concerned about the direction it is
    heading.
    MATTERS BY THE PUBLIC
    There were no speakers.
    13
    Council re-convened in closed session.
    On motion by Dr. Brown, seconded by Mr. Huja, Council certified by the following vote
    (Ayes: Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos; Noes: None), that to
    the best ofeach Council Member's knowledge, only public business matters lawfully
    exempted from the open meeting requirements ofthe Virginia Freedom oflnformation
    Act and identified in the motion convening the closed session were heard, discussed or
    considered in the closed session.
    The meeting was adjourned.
    ae0,b.-v-v-k: tR~~ Barbara Ronan, Acting Clerk ofCouncil
    14
    List of Speakers in favor of Occupy Charlottesville’s request to occupy Lee Park:
    (with apologies for any misspelled names)
    Fred Quarles
    John Hall
    Bailee Elizabeth Hampton
    Brandon Collins
    Mike Sloan
    Brian Moss
    Jordan McNeish
    Nancy Carpenter
    Dawn Story
    Evan Viglietta
    Larry Bishop
    Donna Carty
    Flora Lark Baily
    Joan Cichon
    Jona Noelle Baily
    Stuart Squire
    Chelsey Weber-Smith
    Ashley Wyche
    Aimee Fausser
    Robert Brigham
    Zac Fabian
    Luis Oyola
    Tony Russell
    Nina Burke
    Kali Cichon
    Sara Tansey
    Bruce Hlavin
    Kirk Bowers
    Daniel Bluestone
    Nathaniel Galea
    Jeff Fogel
    Jamie Dyer
    Frank Richards
    Shannon Harrington
    Sky Blue
    Sarah (no last name given)
    Tracy Saxon
    Caroline Mankins
    Rachel (no last name given)
    Shawna Mulheny
    Harley Saxon
    Shelly Stern
    Jamie Orchard Hayes
    Derek Shakes
    Christina Weaver
    Douglas Olsen
    Wolf Braun
    Cassie Arbabi
    Sandy Johnson
    Joanie Freeman
    Rob White
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Monday, December 5, 2011, AT 6:00 p.m. IN THE Second Floor Conference
    Room.
    THE PROPOSED AGENDA IS AS FOLLOWS:
    Closed session as provided by Section 2.2-3712 of the Virginia Code
    BY ORDER OF THE MAYOR BY Barbara Ronan
    SECOND FLOOR CONFERENCE ROOM – December 5, 2011
    Council met in special session on this date with the following members present:
    Dr. Brown, Mr. Huja, Mr. Norris, Ms. Szakos, Ms. Edwards (who arrived after the
    motion was made).
    On motion by Ms. Szakos, seconded by Dr. Brown, Council voted (Ayes: Dr.
    Brown, Mr. Huja, Mr. Norris, Ms. Szakos; Noes: None) to meet in closed session for
    consultation with legal counsel regarding the negotiation of the terms and conditions of a
    community water supply cost sharing agreement with the Albemarle County Service
    Authority, as authorized by Virginia Code sec. 2.2-3711(A)(7).
    On motion by Ms. Szakos, seconded by Mr. Huja, Council certified by the
    following vote (Ayes: Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos; Noes:
    None), that to the best of each Council Member's knowledge, only public business
    matters lawfully exempted from the open meeting requirements of the Virginia Freedom
    of Information Act and identified in the motion convening the closed session were heard,
    discussed or considered in the closed session.
    COUNCIL CHAMBERS – December 5, 2011
    Council met in regular session on this date with the following members present:
    Dr. Brown, Ms. Edwards, Mr. Norris, Mr. Huja, Ms. Szakos.
    ANNOUNCEMENTS
    Mr. Norris announced that the City Parks & Recreation Department had received
    a Facility of Merit award for the Smith Aquatic Center – one of only 5 public community
    facilities out of 60 public facilities in North America awarded such a prestigious honor
    over the past 6 years. He praised City staff and the architects and presented the award to
    2
    Brian Daly, Director of Parks & Recreation. Mr. Daly showed a brief slide show on other
    projects awarded the honor and the unique features of the Smith Aquatic Center.
    Ms. Szakos announced the upcoming Town Hall meeting on December 8 at the Meadows
    Church to hear from the Meadows Neighborhood. Dinner and child care will be provided.
    Mr. Huja reminded everyone that the Holiday Market will take place every Saturday from
    November 5 through December 24. He encouraged everyone to shop local.
    Ms. Edwards announced the Charlottesville High School PTO Prent Social on December
    6, and the Winter Band Concert on the same evening.
    Mr. Norris said the Citizens Advisory Panel (community policing issues) will meet on
    December 15 at City Space. There will be a SPCA Blanket Drive (goal is 1500 blankets)
    this month and there are drop-off locations throughout City Hall. A meeting on the
    Master Planning Process for McIntire Park East will be on December 12 at
    Charlottesville High School. He said citizens can participate in the design plan.
    MATTERS BY THE PUBLIC
    Pat Napoleon, 700 Lyons Avenue. Ms. Napoleon stated that freedom of speech was
    compromised because of comments by Ms. Szakos several weeks ago when Ms.
    Napoleon said she wasn’t able to understand what was said by all of the Council
    members. She said Council ignored the rule of law by allowing Occupy Charlottesville to
    stay in Lee Park, and complained about lack of equal treatment. Ms. Napoleon said
    Council sanctioned a possibly dangerous situation and health risks by doing so. She did
    not think taxpayers should fund the Occupy Charlottesville movement. Ms. Napoleon
    cited lack of oversight and irresponsible leadership by Council. She wanted the
    Councilors and the City Manager to personally assume the costs to the City of Occupy
    Charlottesville.
    Joanna Salidis, 129 Goodman Street. She objected to any secret discussions of a full
    height dam at Ragged Mountain because there was a joint decision in 2010 to
    compromise on dam height and now the plan appears to allow the dam to be built to the
    full height. Ms. Salidis objects to the current approved plan because it lacks many of the
    features agreed upon in the compromise. She said the City owns Ragged Mountain,
    Sugar Hollow and South Fork Reservoirs. She claimed we will lose the investment the
    City has in land if current plan goes forward. She invited Council to examine her
    documentation, and not rush through negotiations to meet an arbitrary deadline.
    Brandon Collins, 536 Meade Avenue. Mr. Collins claimed new projects don’t have
    enough affordable housing as part of the plan. He spoke about the Burnet Commons
    Phase 2 project and the need to increase the affordable housing units. Mr. Collins
    questioned whether Dogwood Properties housing would still be offered as affordable
    housing. Mr. Collins asked whether there has been input from public housing residents
    on the CRHA Memorandum of Understanding on redevelopment. He suggested Council
    3
    schedule a work session for new councilors to discuss redevelopment, and have town hall
    meetings in public housing areas. Mr. Collins supports formation of a Human Rights
    Commission. He urged Council not to open the Meadow Creek Parkway.
    Colette Hall, 101 Robertson Lane. Ms. Hall said a Human Rights Commission would not
    be as accountable as an elected council, and would not have the legal and fiduciary
    responsibilities that an elected board would. Ms. Hall said Council can’t authorize a
    commission to impose penalties on offenders. It would be unconstitutional and such a
    commission would be very costly if created.
    Stratton Salidis, 704-B Graves St. Mr. Salidis would like to see Lee Park become a 24/7
    free speech zone. He doesn’t believe overnight camping is necessary, but a longer range
    solution is necessary. He stated Council is ready to take away 200 acres of public space
    and flood it (dam plan) and this land could be made available to homeless. He asked Mr.
    Huja if he has researched whether only 20% of water users will be able to get water until
    new pipeline is built. He urges Council not to rush into action on the dam issue. Mr.
    Salidis reminded Council they must have a supermajority to give away City land. With
    respect to the Meadow Creek Parkway, he urged Council not to allow the County portion
    of the road to be opened. He said that VDOT and the County shouldn’t have built their
    portion before the City was ready to build the Interchange and McIntire Rd Extended.
    Brenda Lambert, 301 Monte Vista Avenue. Ms. Lambert read a letter from the Legal Aid
    Justice Center supporting the Human Rights Commission plan. Their clients frequently
    face discrimination and need a way to address issues of discrimination.
    Gloria Rockhold, 1417 Lester Drive. Ms. Rockhold said she is a member of the Dialogue
    on Race Committee and a voice for the Latino community. She supports the Human
    Rights Commission because of housing and pay discrimination. Ms. Rockhold stated
    there is no institutional recourse for victims of discrimination.
    Jim Shea, 301 Monte Vista Avenue. Mr. Shea referred to the courage of the people who
    integrated City schools. He emphasized that protest was a part of that movement, but the
    power of law was necessary. Mr. Shea credited Council for approving an apology for the
    destruction of Vinegar Hill. He said Council has the ability to do the opposite of what the
    Council in the 1950’s did – create a commission that will bring the power of government
    to fight discrimination.
    Jason Cook, 693 Country Green Road. Monticello High School students researched and
    presented their opinion on the Meadow Creek Parkway. They opposed the parkway
    because of the impact on McIntire Park. Mr. Cook said all the money spent on road
    construction could be used for schools.
    Gary Elwell, 1947 Michael Place. Mr. Elwell said he is a local tennis pro and opposes
    the business activity policy for Parks and Recreation. He stated the policy is too arbitrary
    and he doesn’t use tennis courts unless they are not in use. Mr. Elwell said the policy
    4
    requires 15% service fee for those approved under the policy – that charge will need to be
    passed on to the student. He said it is not just a pool issue; it affects everyone.
    Mr. Rick Turner, 1663 Brandywine Drive. Mr. Turner said he speaks on behalf of the
    Albemarle Charlottesville NAACP. He supports the proposed Human Rights
    Commission because racism is still present (structural and institutional racism). The
    Dialogue on Race Committee was an important first step but now we need the Human
    Rights Commission to hold people accountable for their racist actions. Complaints of
    discrimination are often dismissed and civil rights ignored so we need the commission.
    Carmen Farfan, 2405 Peyton Drive. Ms. Farfan, through an interpreter, said she supports
    the Human Rights Commission. She has been a victim of discrimination after working 7
    years for the same company. She complained that she was forced to sign documents
    written in English. She said her story is the same as many Latinos in Charlottesville.
    Bailee Hampton. Ms. Hampton expressed disappointment with Council (except for Ms.
    Szakos) regarding the eviction of Occupy Charlottesville from Lee Park because they
    were promised a opportunity to find another location. They were told they would have 3
    days to clean up the park but the next night the police came. Ms. Hampton complained
    that proper protocol was not followed by the police. She said the Occupy Charlottesville
    group was making a good faith effort to find another location but they were required to
    leave the park anyway.
    Herbert Stahl, 1014 Grove Street. Mr. Stahl complained about police behavior during
    arrests of protesters in Lee Park. He said the Police Chief didn’t honor his promises, and
    accused Council of saying one thing and doing another – e.g. investing City money in
    corrupt banks.
    John Pfaltz, 1503 Rugby Road. Mr. Pfaltz questioned how problems will be solved by
    creating a Human Rights Commission. He objected to spending $200,000 a year to fund
    a commission that lacks real power. Mr. Pfaltz posed various questions on what other
    types of discrimination (age, gender, etc.) would be investigated, and what punishments
    could be enforced. He supports opening the Meadow Creek Parkway.
    Michael Sloan. Mr. Sloan stated the homeless issue is still a problem. He asked Council
    to use the field in back of Riverview Park for a tent city. Employment for homeless
    would be helped if City would use them for cleaning up streets and facilities. He stated
    he can’t go to PACEM with his pet and urged Council to try to find something to help the
    homeless.
    Jeffrey Fogler, 215 Spruce Street. Mr. Fogler urged Council to adopt the Human Rights
    Commission. He said children of color are discriminated against (arrest rates,
    imprisonment, etc.) and it is an indictment of the juvenile justice system.
    Timothy Hulbert, 2246 Brandywine Drive. Mr. Hulbert stated that he works for the
    Chamber of Commerce. He supports opening the County portion of the Meadow Creek
    5
    Parkway. He is concerned about the turn radius at Park Street and Melbourne Avenue,
    and this would be an opportunity to fix it. Mr. Hulbert questioned whether a Human
    Rights Commission is the most effective tool to combat discrimination, and wondered
    about unintended consequences.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Dr. Brown stated that much of the “blame” for removing the Occupy Charlottesville
    group has been directed at the Mayor, but Mr. Norris really worked hard at finding
    another location and should be given credit for his efforts. He said it was a joint Council
    decision, except for Ms. Szakos.
    Ms. Szakos said she felt strongly about First Amendment rights and continues to do so.
    However, the City is not the enemy of Occupy Charlottesville, and people were trying to
    do the right thing. She praised Jason Cook and his fellow Monticello High School
    students for getting involved. Ms. Szakos praised Señora Farfan for coming to speak and
    telling her story. She thanked Mike Sloan for coming and speaking on the homeless
    issue.
    Ms. Edwards said her philosophy about public comment is that happy people give
    encouragement; angry people give ideas. She said that she thought removing the Occupy
    Charlottesville group from Lee Park was the best decision to make in that situation. She
    is glad that social issues have come before Council -- need to hear from both sides.
    Mr. Huja said he was impressed by the comments made by the Occupy Charlottesville
    group at the last meeting.
    Mr. Norris wants to get a status update on the Dogwood Properties from City staff. He
    likes the idea of a work session on redevelopment of public housing. Mr. Norris said he
    was concerned about Mr. Elwell’s comments on the business activity policy. Dr. Brown
    said he planned to pull it from the consent agenda for discussion. Mr. Norris directed the
    City Manager to follow up on the protester’s complaint about police abuse. Mr. Jones
    said they interviewed the parties and are taking it very seriously. Mr. Jones thanked Chief
    Longo and his officers for their behavior in enforcing the curfew at Lee Park.
    CONSENT AGENDA
    Dr. Brown asked that Consent Agenda Item K (Business Activity Policy) be
    removed for discussion, and Mr. Norris asked that Consent Agenda Item F (Year End
    Appropriation) be removed for discussion. Ms. Szakos expressed her gratitude at the
    donation of the sculpture for McIntire Park.
    6
    On motion by Ms. Szakos, seconded by Mr. Huja, the following consent agenda items
    were approved: (Ayes: Mr. Huja, Ms. Edwards, Mr. Norris, Ms. Szakos; Dr. Brown;
    Noes: None.)
    a. Minutes of November 7
    and November 10
    b. APPROPRIATION: State Criminal Alien Assistance Program Grant - $16,738
    (2nd reading)
    c. APPROPRIATION: Charlottesville Police Foundation Contribution - $2,376.14
    (2nd reading)
    d. APPROPRIATION: Bullet Proof Partnership DOJ Grant - $4,300.92 (2nd
    reading)
    e. APPROPRIATION: Proceeds ($250,000) from Sale of 409 Stadium Road (2nd
    reading)
    f. APPROPRIATION: Fiscal Year 2011 Year End Appropriation (2nd
    of 2
    readings) Removed from Consent Agenda for discussion on
    Regular Agenda
    g. APPROPRIATION: Highway Safety Grant - $422,869 (carried over)
    h. APPROPRIATION: Reimbursement for Extraditions - $6,959.22 (carried over)
    i. APPROPRIATION: Reimbursement for Voting Machines - $7,920 (carried over)
    j. RESOLUTION: Acceptance of Sculpture in McIntire Park
    k. RESOLUTION: Business Activity Policy for Parks & Recreation Facilities
    (1st of 1 reading) – Deferred – no action taken
    l. RESOLUTION: Acquisition of Land on Jefferson Park Circle
    M. RESOLUTION: University Community Next Generation Innovation Project
    N. ORDINANCE: Abandon Gas Line Easement in Pavillions Subdivision
    (Albemarle County)
    o. ORDINANCE: Rezone Property at Elliott Ave, Burnett Street and Lankford
    Avenue to PUD (carried over)
    PUBLIC HEARING/ORDINANCE: NDS Fee Schedule Changes
    Mr. Tolbert, Director of NDS, outlined the reasons for imposing most of the fees
    and explained the new fees. Mr. Huja asked how the City fees compare with Albemarle
    County fees. Mr. Tolbert said historically our fees have been lower. Ms. Szakos asked
    how the combined preliminary and final site plan application fee compared to charging
    fees separately. Mr. Tolbert said it is cheaper for the applicant to combine the
    applications. Dr. Brown asked if the fees would discourage non-profits from holding
    special events. Mr. Tolbert said the venues for most special events are already approved
    so there’s no need for an inspection (new fees don’t affect most special events). Dr.
    Brown was concerned about the cost of the City’s fees compared to other localities. Mr.
    Tolbert said overall the City charges lower fees than most localities.
    7
    Mr. Norris opened the public hearing. Neil Williamson (Free Enterprise Forum)
    objected to the City charging users for the whole cost of the on-line permitting system.
    He stated that on line permitting was supposed to save money (less staff time, no paper).
    Having no other speakers, the public hearing was closed.
    Mr. Tolbert responded that the City is not yet at the point of on-line permitting –
    it’s simply a permit system for data retrieval and storage and tracking of permits. The
    City still has to deal personally with people requesting permits. The funds received from
    the fees can be used to upgrade the system in the future.
    On motion by Mr. Huja, seconded by Dr. Brown, the ordinance was carried over
    to the next meeting.
    REPORT: CITY MARKET UPDATE
    Mr. Brian Daly reported to Council on the recommendations from the City
    Market Task Force. He introduced Carla Jones, Erica Stratton and Natalie Roburn, the
    student team who worked with City staff on creating and conducting a survey on City
    Market matters. They reported the results of the survey to date and the workshops held.
    Mr. Daly said staff members are using the survey responses to examine the impact
    of the City Market on downtown businesses, and how the market can attract customers at
    all socioeconomic levels. The survey work is continuing into next year.
    Mr. Norris thanked the students for their worked and commented on a parallel
    survey being done to determine the reasons people don’t use City Market.
    Ms. Szakos said it’s important to know where customers live and zip codes do not
    distinguish City from Albemarle County residents. Ms. Carla Jones said quite a few
    tourists use the market.
    Ms. Edwards said it is valuable to have actual data and research in addition to
    anecdotal information. She appreciated the attention the survey gave to the
    neighborhoods surrounding the City Market.
    Dr. Brown favors the plan to do a survey on why people don’t use the City
    Market, especially focusing on the lack of diversity of the customers.
    Mr. Norris asked Mr. Daly about the status of a permanent location. Mr. Chris
    Engel, Assistant Director of the Economic Development Department, responded it was
    premature to weigh in conclusively on where the City Market should be located. The
    design competition in 2007 didn’t accommodate the current market structure. He said a
    mixed-use project is feasible but needs more research.
    8
    Mr. Daly said more empirical data is needed on the idea of a Market District,
    which might be open 7 days a week with dedicated buildings. Dr. Brown commented
    that we need information that reveals why people choose to live and operate businesses
    downtown – is the City Market an incentive? Mr. Huja remarked on the importance of
    walkability in urban areas. He wondered whether the current location is the best use of
    the land, but wants Council to explore other downtown locations. Mr. Norris agreed with
    the need for more information on the attraction of the City Market for business and
    residential development.
    REPORT: HUMAN RIGHTS COMMISSION
    Mr. Jones gave background information on the proposal to create a Human Rights
    Commission, which was one of the recommendations of the Dialogue on Race
    Committee. He identified the list of concerns: (1) Type of commission; (2) Need for
    enabling legislation; (3) Level of need in the community; and (4) Costs. Mr. Jones said
    the staff needs to survey other localities which have created such a commission before
    making any formal recommendation.
    Dr. Brown questioned whether such a commission would have authority to deal
    with discrimination against children. Mr. Jones responded that the commission would be
    able to investigate complaints.
    Ms. Edwards said it is important for education and outreach efforts started by the
    Dialogue on Race Committee to continue.
    Ms. Szakos said she believes such a commission is needed but is willing to wait
    for due diligence to take place. She suggested it could be created in phases over time, but
    would not want it to replace the Dialogue on Race Committee.
    Mr. Norris stated the Dialogue on Race Committee wasn’t meant to be a
    permanent committee but believes there is still work to be done. He suggested a Human
    Rights Commission could look for patterns of institutional racism, and evaluate how well
    existing mechanisms are working. Mr. Norris said he supports formation of the
    commission but its charge should not include investigatory powers.
    Mr. Huja said he was reluctant to spend $200,000 a year to form a commission at
    this point. He will wait for the City Manager’s report and recommendation.
    Ms. Szakos suggested input from the Equal Employment Opportunity
    Commission and the Piedmont Housing Alliance. She asked when the matter would come
    back to Council. Mr. Jones said he hoped to put it on a January 2012 agenda. Mr. Huja
    said we should not rush the issue.
    Dr. Brown said funding should be decided through the budget process.
    Mr. Norris thanked the Dialogue on Race Committee for their work.
    9
    REPORT/ORDINANCE: MEADOW CREEK PARKWAY – CONDITIONS FOR
    OPENING FOR PUBLIC TRAVEL
    Mr. Tolbert reported that construction is complete on the County portion of the
    Meadow Creek Parkway. The Albemarle County Board of Supervisors has requested
    VDOT to open the road, even though the City conditioned its easement to VDOT on not
    opening any part of the roadway until all sections are complete. It was anticipated that the
    City projects (McIntire Road Interchange and McIntire Road Extended) would be started
    within a year after the County portion was constructed, but it may now be 2014 before
    the City projects are done. The intersection of Melbourne Road and Park Street is
    entirely in the County so the landscaping and traffic signal work has been done. The City
    Traffic Engineer has examined VDOT traffic studies and agreed with their conclusion
    that there would be an acceptable small increase in traffic on Melbourne Road and Grove
    Road.
    Mr. Huja asked Mr. Tolbert to read the conditions staff recommends before
    Council approves an early opening of the Meadow Creek Parkway. Mr. Tolbert cited 5
    conditions: (1) Speed limit of 25 mph on the Parkway approaching the intersections; (2)
    Agreement between VDOT and the City to allow the City to maintain traffic signals at
    the intersections; (3) Improvement in turn lanes at Melbourne Road; (4) Exclusive right
    turn lane at Rio Road/CATEC intersection; and (5) Provide left turn lane on southbound
    Rio Road at CATEC intersection.
    Mr. Norris asked who would pay for the improvements. Mr. Tolbert responded
    that VDOT has the funding and would pay for them.
    Dr. Brown asked about the time line. Mr. Tolbert said it should take about 4
    weeks to construct the improvements required under the conditions.
    Ms. Szakos asked what would happen if the City voted against the proposed
    ordinance. Mr. Tolbert said VDOT and the County would probably open it anyway
    although he deferred to the City Attorney for his opinion. Mr. Craig Brown said the City
    could sue VDOT. Mr. Tolbert said that stating the City’s position in an ordinance is
    important. Ms. Szakos said she understood the frustration caused by the delay in getting
    the City projects constructed, but cited the traffic problems that could occur in opening
    early the County roadway.
    Mr. Huja commented that safety would be improved by the conditions in the
    ordinance.
    Dr. Brown inquired about the possibility of joint recommendations by City and
    County. Mr. Tolbert said the staff has talked with VDOT officials, and Mr. Jones
    Said there have been discussions with County staff in which the safety considerations
    were stressed.
    10
    Mr. Tolbert said staff would monitor traffic problems and make traffic signal
    adjustments if necessary.
    Dr. Brown said he would support the early opening because of the long delay in
    getting the City projects completed. Mr. Norris said the School Board was strongly
    opposed to a partial opening of the roadway, and the City owes them a chance to review
    and comment.
    On motion by Dr. Brown, seconded by Mr. Huja, the ordinance was carried over
    to the next meeting.
    The meeting was recessed for 10 minutes.
    REPORT/RESOLUTION: REDEVELOPMENT OF PUBLIC HOUSING –
    CRHA/CITY MEMORANDUM OF UNDERSTANDING
    Ms. Kathy McHugh, Housing Development Specialist, presented information on
    the collaboration between the City and the Charlottesville Redevelopment and Housing
    Authority (CRHA) on the redevelopment of certain public housing sites, and requested
    approval of certain action items in the MOU in order to move forward. Ms. McHugh
    explained about federal funding restrictions and the need to use the non-profit
    Charlottesville Development Corporation as the entity to undertake the redevelopment
    activities. Ms. Amy Kilroy, CRHA, discussed the need for Requests for Proposals for
    redevelopment of Crescent Halls and the Levy Avenue site, and transferring funds from
    the Capital Improvements Program contingency fund or FY2013 Charlottesville Housing
    Fund for pre-development work. She stated public housing residents would be involved
    in the planning and decision making, following up on informational meetings having
    already been held. Ms. Melissa Thackston, NDS, stated that the resolution does not
    involve a new appropriation of money at this time but is simply to move the project
    forward with funds already allocated to housing needs.
    Mr. Huja asked if the RFPs for the 2 sites will be prepared by staff and are they
    ready, and Ms. Thackston said the RFPs will be done by staff and they are ready to
    proceed. Mr. Huja said it is important to get comments from adjacent property owners,
    and would like the re-designed Charlottesville Development Corporation board to have
    members with relevant experience.
    Ms. Szakos said she fully supports the redevelopment project.
    On motion by Ms. Edwards, seconded by Ms. Szakos, the resolution was
    approved unanimously (Ayes: Dr. Brown, Ms. Edwards, Mr. Norris, Mr. Huja, Ms.
    Szakos; Noes: None).
    REPORT/RESOLUTION: ALLOCATION OF FUNDS ($24,000) FOR VINEGAR
    HILL MONUMENT
    11
    Ms. Elizabeth Breeden, member of the Dialogue on Race Committee, expressed
    the Committee’s support for a monument to remember the lessons of Vinegar Hill. A
    sculpture to be located at the Jefferson School is recommended because it will make
    “invisible history” more visible. She discussed a nationwide invitation for sculpture
    designs, which would require funding. Ms. Breeden said funds would be raised from
    private organizations ($100,000-$200,000) to create the sculpture, but the process to
    search for designs would cost $24,000, and the funds are available in the Percent for Art
    Fund. She gave examples of other localities that have provided funding to secure
    proposals for art designs.
    Mr. Norris said this is not new funding, and gave them names of organizations
    that support the request.
    Mr. Huja said he supports the idea of the Vinegar Hill Monument, but is
    concerned about the costs. He said the City has never used Percent for Art funds to pay
    for the process of securing artwork, and has not paid more than $15,000 for any one
    sculpture. He doesn’t see the need for the City to contribute as much as $24,000 because
    (1) the comparison of funding by other larger cities to Charlottesville’s ability to fund
    isn’t fair; and (2) we can get a good jury panel without a stipend. He understands that the
    City may need to pay for a final design.
    Dr. Brown expressed concern about initiating the process without having the
    funds in place to actually create the sculpture. He would like to see some successful
    fundraising accomplished prior to committing to searching for a design.
    Ms. Szakos commented that funding from the Percent for Art fund seems
    appropriate, and that the Vinegar Hill monument would be different from all the
    Confederate soldier statues.
    Mr. Huja said the Percent for Art guidelines say the money has to be spent for
    sculptures, and would like to see funding partners in place. Ms. Breeden responded that
    funds are still needed to commission a sculpture, and people won’t make donations
    without a design in place and the City’s support in the commission process.
    Mr. Norris had questions about the budget submitted for the $24,000. Mr. Huja
    thinks this is an opportunity to use the Percent for Art funds if no other needs are
    identified, but asked how it can be done for less money. Ms. Breeden said she will look
    for donors outside the area for the sculpture and the Jefferson School developers will
    search for donors locally for the renovation of Jefferson School.
    Ms. Edwards said she favors a monument to remember the Vinegar Hill
    experience, and believes Percent for Art fund is appropriate to fund this. She asked Ms.
    Breeden if the budget can be re-worked. Ms. Breeden said she could reduce the number
    of proposals solicited.
    12
    Mr. Huja moved that the amount be reduced from $24,000 to $15,000, but there
    was no second.
    Ms. Szakos moved that the resolution be adopted as is, but there was no second.
    Mr. Norris made a motion that the amount of funding be reduced from $24,000 to
    $18,000, and Mr. Huja seconded the motion. The resolution was approved, as amended,
    by a unanimous vote (Ayes: Dr. Brown, Ms. Edwards, Mr. Norris, Mr. Huja, Ms. Szakos;
    Noes: None).
    ORDINANCE: TAX ABATEMENT PROGRAM FOR REHABILITATED
    PROPERTIES
    Ms. Kathy McHugh explained the history of the tax abatement program, and said
    it would expire September 30, 2012 if no action is taken. She reviewed the figures on
    how the program has benefitted the City, and recommended that the maximum value of
    the property be limited to $600,000 (currently at $506,000). She also recommended that
    the program be extended 10 years (to September 30, 2022).
    Mr. Huja said he supports the program but has a problem with a maximum value
    of $600,000 because it doesn’t help middle income property owners. He said it gives a
    subsidy to people who can afford renovations without help from the City.
    Dr. Brown didn’t object to the $600,000 limit but does have a problem with
    extending it for 10 years. He prefers that Council have a chance to review it again in 5
    years. Dr. Brown questioned how you can determine whether the tax abatement option
    influences the decision to renovate a home, and would like to see some survey data.
    Ms. Szakos said she fully supports the program.
    Dr. Brown made a motion to keep the threshold limit at $506,000 and extend the
    program for 5 years. Mr. Huja seconded the motion. The ordinance was carried over to
    the next meeting.
    APPROPRIATION (2ND READING): YEAR END APPROPRIATION
    Mr. Roger Voisinet presented his request for $500,000 of the surplus funds from
    FY2011 to be spent on a revolving fund (administered by LEAP program) to support
    solar and renewable energy projects. There is a need for capitalization in order to receive
    federal and state grants. Local businesses could invest in energy efficient systems. Mr.
    Norris stated a revolving fund would return the energy savings to the City. Mr. William
    Van der Linde said he supports a fund that homeowners and private businesses could use
    to expand energy efficiency.
    Mr. Huja said he supports energy efficiency but it would have to be a revolving
    loan fund that would charge interest to cover costs.
    13
    Dr. Brown commented that LEAP provides grants to homeowners for energy
    efficiency and this could be similar program for businesses.
    Mr. Norris stated that it would be different because it is renewable energy source
    fund, and not just energy efficient measures.
    Mr. Jones said he would recommend funding it from the CIP contingency fund,
    not the surplus from the year end appropriation. Staff would like time to study the
    proposal.
    Ms. Szakos said she supports the idea of the fund but was not in favor of
    approving it at this time.
    Mr. Huja suggested that other sources of funding be investigated – he said the CIP
    contingency is needed for other things.
    On motion by Mr. Huja, seconded by Dr. Brown, the appropriation was approved
    by a unanimous vote (Ayes: Dr. Brown, Ms. Edwards, Mr. Norris, Mr. Huja, Ms.
    Szakos; Noes: None).
    RESOLUTION: BUSINESS ACTIVITY POLICY FOR PARKS & RECREATION
    FACILITIES
    Dr. Brown asked Mr. Brian Daly about the application to conduct a business
    activity in Parks and Recreation facilities. Mr. Daly explained that the intent is to govern
    the use of parks and facilities. It would not prohibit business activities, just regulate them.
    He said the application allows people to use the facilities with permission, similar to
    facility rental agreements.
    Mr. Huja questioned the fee structure, and Mr. Daly explained how the fees are
    calculated and that applications would be time limited (preferably less than 90 days).
    Dr. Brown asked Mr. Daly to provide an example of how it would work for an
    occasional use. Mr. Daly responded that one could be hired as a City instructor and the
    terms would be negotiated with the instructor. Dr. Brown said he is uncomfortable with
    the policy because it is too broad.
    Mr. Huja asked how facilities would be monitored and the policy enforced. Mr.
    Norris asked if private instruction is a problem other than at the pools. Mr. Daly said the
    problem is not widespread but there is a need to address it system-wide and not just at
    one facility.
    Mr. Huja said a policy is needed but it needs to be flexible.
    14
    Dr. Brown said he doesn't support the policy but would rather see a policy that
    specifically addresses the problem at the pools. He asked iffacilities are available for
    reservation, and Mr. Daly said the tennis courts are. Dr. Brown asked if private schools
    rent out tennis courts, and Mr. Daly responded positively.
    Mr. Norris asked is we can have separate policies for indoor vs. outdoor facilities.
    Mr. Craig Brown suggested that Council defer action on this item and staff can
    work on different options for policies.
    Ms. Szakos suggested that Parks & Recreation have a definite time period for
    approval or denial of an application, and that soliciting offunds without written
    permission should be addressed in the policy.
    MATTERS BY THE PUBLIC
    Mr. Peter Kleeman stated that the original conditions imposed by Council on
    opening the Meadow Creek Parkway should be honored. He believes VDOT does not
    have the authority to use City land, and it's a matter of political will. Mr. Kleeman wants
    City Council to stand by their decision.
    Mr. Robert Smith opposes the Meadow Creek Parkway, and said he believes this
    is a taking ofland by VDOT. He stated that urban renewal, public housing and
    interstates have all been public policy mistakes. He complained about the Democratic
    Party having total control in Charlottesville, and opposes the Human Rights Commission.
    Mr. Smith also said there is a problem with homeless shelters not allowing pets.
    Dominique Morris: Mr. Morris said he supports the First Tee program funding
    because it teaches kids core values and not just how to play golf.
    Mr. Norris commented that when the Occupy Charlottesville group was removed
    from Lee Park, PACEM was able to accept almost every homeless person in Lee Park.
    The meeting was adjourned.
    Acting
    ~C<a,ltvv6-« clerk="" ofcouncil<br=""/>r2~
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Monday, December 19, 2011, AT 6:00 p.m. IN THE Second Floor
    Conference Room.
    THE PROPOSED AGENDA IS AS FOLLOWS:
    Closed session as provided by Section 2.2-3712 of the Virginia Code
    BY ORDER OF THE MAYOR BY Barbara Ronan
    SECOND FLOOR CONFERENCE ROOM – December 19, 2011
    Council met in special session on this date with the following members present:
    Dr. Brown, Mr. Huja, Mr. Norris, Ms. Szakos, Ms. Edwards.
    On motion by Ms. Szakos, seconded by Ms. Edwards, Council voted (Ayes: Dr.
    Brown, Mr. Huja, Mr. Norris, Ms. Szakos, Ms. Edwards; Noes: None) to meet in closed
    session for: (1) Consultation with legal counsel regarding the negotiation of the terms and
    conditions of a community water supply cost sharing agreement with the Albemarle
    County Service Authority, as authorized by Virginia Code Sec. 2.2-3711(A)(7); and (2)
    Discussion and consideration of prospective candidates for appointment to City boards
    and commissions, and discussion of the compensation of the City Manager, as authorized
    by Virginia Code Sec. 2.2-3711(A)(1).
    On motion by Ms. Szakos, seconded by Mr. Huja, Council certified by the
    following vote (Ayes: Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos; Noes:
    None), that to the best of each Council Member's knowledge, only public business
    matters lawfully exempted from the open meeting requirements of the Virginia Freedom
    of Information Act and identified in the motion convening the closed session were heard,
    discussed or considered in the closed session.
    COUNCIL CHAMBERS – December 19, 2011
    Council met in regular session on this date with the following members present:
    Dr. Brown, Ms. Edwards, Mr. Norris, Mr. Huja, Ms. Szakos.
    ANNOUNCEMENTS
    Mr. Norris announced that blankets for the SPCA are still being collected, and
    City staff have collected 1,200 blankets with a goal of reaching 2,000 blankets collected.
    Used books can be donated to the Senior Center through the end of the year (collection
    2
    box in the City Hall lobby). He announced that December 26th and January 2nd are City
    holidays but there will be the usual trash and recycling collection on those days. Mr.
    Norris announced that Southern Living magazine has declared Charlottesville to be
    among the top ten “Tastiest Towns in the South” and people can vote for their favorite
    city on-line beginning December 23, 2011. He introduced Steven Meeks and Drake Van
    de Castle, who described the partnership of First Night Virginia with Celebrate 250 and
    the various events on December 31st being sponsored by the partnership.
    Ms. Szakos announced that the City has been awarded a Promise Neighborhood
    planning grant from the federal government. The grant is for $500,000 and requires
    matching funds from a variety of organizations.
    Mr. Norris read proclamations to honor the service of Dr. David Brown and Ms.
    Holly Edwards on City Council. Both Dr. Brown and Ms. Edwards were presented with
    a framed Key to the City, and other councilors were given an opportunity to recognize
    their service. Mr. Norris introduced Ms. Karen Waters, who presented Ms. Edwards a gift
    and praised her work with the Quality Community Council and the re-entry program for
    ex-offenders.
    MATTERS BY THE PUBLIC
    Ms. Pat Napoleon, 700 Lyons Avenue: Ms. Napoleon spoke about the vandalism
    to the Robert E. Lee statue, and blamed Council for letting the Occupy Charlottesville
    people stay in Lee Park in violation of the curfew ordinance. She presented copies of the
    Constitution to Rob Schilling and Carol Thorpe for their work in defending the
    Constitution.
    Ms. Garnett Mellen, 1107 Calhoun Street: Ms. Mellen commented that the
    proposed Meadow Creek Parkway would create a more dangerous situation for children
    walking to school, and it needs more safeguards in place. She objected to the early
    opening of the parkway.
    Ms. Colette Hall, 101 Robertson Lane: Ms. Hall objected to expensive capital
    projects being funded by the City that primarily benefit Albemarle County residents, such
    as the renovation of McIntire Park East and the water supply plan. She encouraged the
    new council members to be more open minded and not just go with the party line. She
    thanked Dr. Brown and Ms. Edwards for their service.
    Mr. David Toscano, 628 Evergreen Avenue: Mr. Toscano thanked Mr. Norris for
    his service as Mayor, and thanked Dr. Brown and Ms. Edwards for service as Council
    members.
    Ms. Julie Curry, 125 Goodman Street: Ms. Curry objected to unreasonable
    requirements for food vendors at community centers (liability insurance requirement).
    She also objected to building a new dam at Ragged Mountain Reservoir.
    3
    Mr. Gary Elwell, 1947 Michael Place: Mr. Elwell said that the proposed business
    activity policy for Parks & Recreation is unnecessary for tennis instruction using public
    courts. He said the proposed policy will be unfairly applied since market vendors only
    pay 6% of their gross proceeds, and the policy requires 15% from instructors.
    Mr. Brandon Collins, 536 Meade Avenue: Mr. Collins said that housing is in a
    crisis state, and he hopes Council will put more money into a strategic housing fund, and
    $1 million more into the affordable housing fund. He inquired about whether Dogwood
    Housing is in compliance with its agreement to provide affordable rental housing units.
    He thanked Ms. Edwards for her service on a number of issues.
    Ms. Elizabeth Firer, 3262 Martin Kings Road: Ms. Firer is a senior at Monticello
    High School working on a Community Action Project (civil rights and liberties) with
    fellow student, Chris Brady. They said they have followed the Occupy Charlottesville
    movement and studied the permitting process for such groups. They encouraged the City
    to consider carefully before changing the permitting procedure if similar groups emerge.
    Ms. Vanthi Nguyen, 1116 Little High Street: Ms. Nguyen stated that the City is
    working for the benefit of small developers in Albemarle County and not City residents.
    She stated the new dam would be giving away resources that belong to City residents.
    Ms. Nguyen said she doesn’t understand the benefit of the new dam to the City and
    suggests Council members be presented with the key to Albemarle County.
    Mr. Luis Oyola, 505 Elliott Avenue: Mr. Oyola said that a young woman named
    Linda became a part of Occupy Charlottesville to break with the isolation she felt, and
    died several days after the group was evicted from Lee Park. He stated the group will
    continue to protest.
    Mr. Stratton Salidis, 704-B Graves Street: Mr. Salidis objected to the proposed
    water supply plan because the water demand study is based on false assumptions. He
    said the law prohibits the City from giving away land, and encouraged Council members
    to use the power they have to prevent this.
    Mr. John Hossack, 617 Davis Avenue: Mr. Hossack opposed the early opening of
    the Meadow Creek Parkway because of safety issues.
    Ms. Donna Gray, 104-B Stewart Circle: Ms. Gray said she is a human and
    environmental activity who supported Occupy Charlottesville and claimed a young
    woman named Linda was forced back into isolation. She encouraged others to join the
    Occupy Charlottesville group.
    Dede Gilmore, 613 Hinton Avenue: Ms. Gilmore thanked Dr. Brown for his
    service on Council, and thanked Ms. Edwards for her work at the health clinic and the
    other projects she was involved with.
    4
    Ms. Abigail Turner, 1000 Preston Avenue: Ms. Turner, on behalf of the Legal
    Aid Justice Center, read a letter thanking Dr. Brown and Ms. Edwards for their assistance
    in helping the clients of the Justice Center by their service on committees, boards and
    supporting funding, throughout their tenures on Council.
    Ms. Marnie Allen: Ms. Allen as a member of the Dialogue on Race Committee
    specifically thanked Ms. Edwards for her support of the Second Chance program, a
    program to help re-entry of ex-offenders, and as a member of the Dialogue on Race
    Committee. She passed out booklets on the program and encouraged their continued
    support.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Ms. Szakos asked Ms. Marnie Allen to tell the public where the re-entry booklets
    can be picked up, and she did so. Ms. Szakos addressed the issue of intersection safety
    with respect to the Meadow Creek Parkway, stating that the changes to the intersection
    are supposed to improve safety and the issue will be evaluated again after the road is
    open.
    Ms. Szakos affirmed that closed sessions are only held when necessary and no
    decisions are made in closed session. She said negotiations do take place in closed
    session, and she is committed to transparency in doing public business. She stated that the
    City is not “giving away Ragged Mountain land” because the City is being paid for it,
    and the rest of the land can still be used for recreational purposes.
    Ms. Edwards extended her gratitude for all the kind words and comments. She
    said the Occupy Charlottesville movement was important, and she has always tried to
    make the best decisions possible. She encouraged everyone to get involved and be a
    voice of advocacy. Ms. Edwards read the letter submitted by Ms. Colette Hall about the
    conditions placed on VDOT for opening the parkway, and in response to Hall’s question,
    said that VDOT can ignore the City’s requests.
    Dr. Brown explained that the water supply plan came out of discussions since
    2002 when there wasn’t enough water to meet community needs. He believes we should
    be storing more water to protect rivers and streams, and commented that dredging is a
    short term solution. Dr. Brown said Albemarle County should pay more than the City for
    the costs of expanding the water supply.
    Mr. Norris responded to the question about Dogwood Housing; he has spoken
    with the developer and been assured the units will be kept as affordable housing.
    Mr. Norris stated that he hasn’t always been convinced that the closed sessions
    were always necessary when talking about the water supply plan. He said he does not
    believe there were nefarious intentions for holding the discussions in closed session, just
    5
    competing interests negotiating the terms. Mr. Norris said he still believes the Meadow
    Creek Parkway is simply moving the traffic problem from the County to the City.
    Mr. Norris praised the efforts of the Believers and Achievers group, which is part
    of the Second Chance program.
    Having no more responses from Council members, Mr. Norris asked Dr. Brown
    to announce the Boards and Commissions appointments. Dr. Brown stated that Brian
    Hogg, Candace DeLoach, and Timothy Mohr were appointed to the Board of
    Architectural Review; William Dittmar and Rudolph Beverly were appointed to the
    Piedmont Workforce Investment Board; and James Bennett and Lana Young were
    appointed to the Dialogue on Race Committee.
    CONSENT AGENDA
    Mr. Norris read the list of Consent Agenda items. Ms. Szakos asked for the
    ordinance on the Meadow Creek Parkway Opening to be removed from the consent
    agenda for further discussion.
    On motion by Ms. Edwards, seconded by Mr. Huja, the following consent agenda items
    were approved: (Ayes: Mr. Huja, Ms. Edwards, Mr. Norris, Ms. Szakos; Dr. Brown;
    Noes: None.)
    a. Minutes of November 21,
    December 5, December 8
    b. APPROPRIATION: Highway Safety Grant - $422,869 (2nd
    of 2 readings)
    c. APPROPRIATION: Reimbursement for Extraditions - $6,959.22 (2nd
    of 2
    readings)
    d. APPROPRIATION: Reimbursement for Voting Machines - $7,920 (2nd
    of 2
    readings)
    e. APPROPRIATION: Reimbursement for CATEC Bus Loop Expenses -
    $69,798.37 (1st of 2 readings)
    f. APPROPRIATION: Reimbursement for Central Library Renovations -
    $41,645.41 (1st of 2 readings)
    g. APPROPRIATION: Reimbursement for Facilities Assessments - $11,335.62 (1st
    of 2 readings)
    h. APPROPRIATION: Amend FY2012 Schools Budget - $575,534 (1st
    of 2
    readings)
    i. RESOLUTION: Amendment to City Manager Employment Agreement (1st
    of 1 reading)
    j. RESOLUTION: Support for Uniting American Families Act (1st
    of 1
    reading)
    k. ORDINANCE: Tax Abatement Program Extension (2nd
    of 2 readings)
    l. ORDINANCE: Meadow Creek Parkway – Conditions for Opening for
    6
    Public Travel (2nd
    of 2 readings) Moved to Regular Agenda
    for Discussion
    m. ORDINANCE: NDS Fee Schedule Changes (2nd
    of 2 readings)
    PUBLIC HEARING/ORDINANCE: CONSERVATION EASEMENT ACROSS CITY
    OWNED LANDS ALONG MEADOW CREEK
    Mr. Brian Daly, director of Parks & Recreation, explained the scope of the
    project, which has been 5 years in the making, and introduced Mr. George Barlow,
    attorney for The Nature Conservancy, the proposed recipient of the conservation
    easement. Mr. Norris opened the public hearing for comment. Having no speakers, the
    public hearing was closed.
    On motion by Mr. Huja, seconded by Ms. Edwards, the ordinance was carried
    over to the next meeting.
    REPORT: WATER SUPPLY PLAN UPDATE
    Mr. Maurice Jones, City Manager, presented the general concept of the cost
    sharing allocation and property use agreement for the Ragged Mountain Dam (RWSA to
    pay 85% of the dam’s cost; the City would pay 15%). He stated the recommendation is to
    build the dam to 30 feet in height, and only increase it to 42 feet if certain conditions
    exist. There will be more accurate accounting of where the water is being used, and the
    costs of dredging at the South Force Reservoir will be shared. A public hearing on the
    proposed agreements will occur on January 3, 2012.
    Ms. Szakos asked about advance notice of the details of the agreements. She
    prefers that the public hearing be moved to the second meeting in January if necessary to
    give the public adequate time to review the terms of the agreements.
    Mr. Norris asked about the current allocation of the water supply. Mr. Craig
    Brown, City Attorney, responded that the 2003 agreement with ACSA and RWSA used
    figures of 12.8 million gallons/day with 8.32 million gallons/day going to the City. He
    stated the proposed agreement would have consequences if any party’s allotment of water
    is exceeded.
    Mr. Norris asked about the cost of the pipeline and what would it cost the City to
    guarantee sufficient water for just the City residents. He stated that there is general
    agreement that the City should pay for additional capacity if we don’t need it. Mr. Norris
    asked the City Manager to investigate and report back to Council. Mr. Norris agreed that
    he could use AECOM’s projections as a starting point.
    Mr. Norris asked about the responsibility of costs incurred up to date on this issue.
    Mr. Brown said the proposed agreement will not include previously incurred costs, only
    7
    costs incurred after the effective date of the agreement. Mr. Norris said he believes the
    same allocation formula should apply to all costs incurred (before and after agreement is
    signed).
    REPORT: DIVERSITY IN THE WORKPLACE
    Mr. Galloway Beck, Director of Human Resources, reported on the City’s hiring
    practices. He presented a PowerPoint on the Strategic Diversity Plan, and the results of
    the Career Goals Survey. The presentation included workforce demographics, and
    emphasized the City’s commitment to diversity. He reviewed the survey results on
    employee satisfaction and commented on actions taken to address training and
    professional development issues related to diversity.
    Ms. Szakos thanked Mr. Beck for his work. She said she is concerned, however,
    that the City is making small changes but not addressing substantively the inequity
    between the percentage of African-American employees and African-American
    supervisors. She stated that the City should be an example for other localities and
    businesses. Ms. Szakos suggested City Council may need to schedule a work session to
    get a more in-depth study of the problems.
    Mr. Huja suggested that departments be held accountable for making diversity a
    priority. Mr. Jones said a City Manager Office staff member attends each new employee
    orientation, and encourages them to pursue career development opportunities. He stated
    that retention of employees of color may contribute to the problem.
    Mr. Norris stated that the City has laid out reasonable measures for increasing
    diversity, but the broader challenge is to attract black professionals into the community.
    REPORT: SOLID WASTE UPDATE (RECYCLING PILOT PROGRAM)
    Ms. Judith Mueller, Director of Public Works, gave a brief history of the pilot
    program on recycling started in the Greenbrier neighborhood. She said the residents liked
    having the larger container (96 gallon) with less frequent collection, and the percentage
    of recyclable materials collected increased by 73%. Ms. Mueller stated the pilot program
    should be expanded to an additional 136 homes to see if the support continues.
    Mr. Huja said residents should have the option to opt out of having the larger
    container, and Ms. Mueller said the contractor should be able to work with individual
    property owners. In response to questions, Ms. Mueller stated that the additional large
    containers are already available at no additional cost to the City, and the contractor owns
    the recyclable materials it collects so the City gets no revenue from re-selling recyclables.
    Dr. Brown commented that he doesn’t believe it would be practical for the
    contractor to pick up two different types of containers, and the larger containers have a
    cover, keeping the materials dry. Ms. Mueller agreed that the contractor saves money by
    8
    picking up every other week instead of every week, plus their employees don’t have to
    manually pick up the large containers (it’s automated).
    Mr. Jones said the solid waste is an issue that will be under discussion in 2012.
    REPORT/RESOLUTION: APPROVAL OF TONSLER PARK MASTER
    PLANNING PROCESS
    Mr. Brian Daly reported that the Parks & Recreation Advisory Board has
    recommended the proposed process, and the plan is to start the process in the spring of
    2012. The timeline will allow other master plans to continue while Parks & Recreation
    does work on the Tonsler Park Master Plan.
    Mr. Huja said the proposed plan calls for one of the City’s “on-call” contractors to
    do the master plan. Mr. Daly said they intend to use a landscape architectural firm under
    contract with the City to assist in the design drawings. Dr. Brown expressed concern that
    the process might allow the design to be driven by the relatively few people who show up
    at the public meeting. Mr. Huja agreed and asked if the plan design wouldn’t benefit from
    having a design professional who would look at all aspects. Mr. Huja suggested it may
    be better to have a design professional help with the plan from the beginning. Mr. Daly
    discussed the differences between land use planning decisions and design planning,
    stating that the master plan process is to determine the use of the land and not the specific
    design; the specific design would come later.
    Mr. Norris said that the proposed process has been used successfully with other
    park design projects. Ms. Szakos agreed with Mr. Norris, stating that these are public
    parks, and the public’s opinion of how to use the land is important. There was discussion
    on Tonsler Park as an example of how the planning process has been used in the past.
    Mr. Huja stated that there is value in having a professional designer, and they
    should be employed early in the process. Ms. Szakos said that Parks & Recreation has a
    lot of the expertise required on staff and can deal with the conceptual stage. She asked
    what input young people (who will be using the park) have in the process, and would like
    to make sure their opinions are solicited.
    Mr. Huja asked if there are any certified landscape architects on the Parks &
    Recreation staff. Mr. Daly said there are not. Dr. Brown agreed with Mr. Huja on the
    need for professional design services. Ms. Edwards suggested that the needs of mothers
    with young children be a high priority. She agreed with Mr. Huja that professional
    design services, if necessary, be employed early in the planning process.
    Dr. Brown suggested that Mr. Daly be given some time to determine the cost of
    hiring a professional design firm, and time to revise the plan to address the issue raised
    by Mr. Huja.
    9
    On motion by Ms. Szakos, seconded by Mr. Huja, the resolution, as amended,
    was approved unanimously (Ayes: Dr. Brown, Ms. Edwards, Mr. Norris, Mr. Huja, Ms.
    Szakos; Noes: None).
    RESOLUTION: ALLOCATION OF $650,000 FOR DESIGN OF CRESCENT HALLS
    RENOVATIONS AND LEVY AVENUE PROPERTY DEVELOPMENT
    Mr. Tolbert explained that the purpose of the $650,000 allocation of funds is to
    renovate Crescent Halls and redevelop the property at Levy Avenue and Garrett Street,
    which is estimated to cost approximately $8-10 million dollars for construction. This
    money would be combined with the $150,000 already given to the CRHA for
    redevelopment. He stated the Levy redevelopment project will require significant
    community input before design decisions can be made or construction can begin. He
    explained that the $650,000 includes all engineering services, environmental assessments,
    and architectural services, and the funds would come from the CIP contingency, although
    later on Council could reimburse the CIP contingency with funds from the FY2013
    Charlottesville Housing Fund. City staff have started developing requests for proposals
    pending City Council’s decision.
    Ms. Szakos asked if it would save money if City staff conducted the public
    engagement component. Mr. Tolbert said staff may want to have control over the public
    input segment, but probably would still need to hire a consultant so no overall savings.
    Dr. Brown asked if the money requested is from the current year’s CIP
    contingency fund, how much money is currently in the account, and was last year’s CIP
    contingency account used completely. Mr. Tolbert said it is from this year’s CIP fund,
    and Mr. Jones said there is $3.1 million available in the current fund. Mr. Jones said he
    wasn’t sure if last year’s CIP contingency fund was exhausted, but he thought it was.
    There was discussion about the commitment of City funds without exact costs of
    the services, but Mr. Tolbert said he believes the estimates are reasonable and does not
    intend to come back to Council to ask for more funding.
    Ms. Edwards was concerned about the flexibility of the master plan process; Mr.
    Tolbert assured her that if new needs are discovered during the process, the plan can be
    adjusted accordingly. Mr. Norris said Council’s previous approval of the master plan
    process was based partly on its flexibility, but that guarantees made to residents would
    not be compromised.
    In response to questions by Mr. Huja, Mr. Tolbert stated that the Levy
    redevelopment project would have to be a public/private partnership and the design may
    change somewhat once a private developer becomes involved. The project would likely
    be done in phases, and financing will be an important consideration in working with a
    private developer.
    10
    Mr. Norris stated that at the CRHA meeting last week there was discussion of a
    public/private partnership and leveraging private sources of capital for the Crescent Halls
    renovation. Mr. Tolbert added that financing will be easier for the Crescent Halls project.
    Mr. Huja expressed reservations about proceeding with architectural design work
    before the private developer component is identified. Mr. Norris said that approval is for
    a cap on funding – it may not all be spent. He also reaffirmed his belief that the annual
    CDBG funding should be used for one big project, such as the Levy project, and the City
    should use the housing fund for many of the projects currently funded through the CDBG
    fund. Mr. Norris said this would eliminate a lot of the time spent on federal “red tape”
    because there would only be one recipient for CDBG funds instead of multiple recipients.
    On motion by Ms. Edwards, seconded by Ms. Szakos, the resolution was
    approved unanimously (Ayes: Dr. Brown, Ms. Edwards, Mr. Norris, Mr. Huja, Ms.
    Szakos; Noes: None).
    ORDINANCE: REZONE PROPERTY AT ELLIOTT AVENUE, BURNET STREET
    AND LANKFORD AVENUE TO PUD
    Mr. Tolbert explained that the ordinance needs to be amended to comply with the
    Board of Architectural Review’s recommendation that removes the historic designation
    from the back yards of the properties in the new development.
    On motion by Mr. Huja, seconded by Ms. Szakos, the ordinance, as amended, was
    approved unanimously (Ayes: Dr. Brown, Ms. Edwards, Mr. Norris, Mr. Huja, Ms.
    Szakos; Noes: None).
    ORDINANCE: RETIREMENT PLAN AMENDMENTS
    Ms. Jennifer Brown, City Treasurer and member of the City Retirement
    Commission, stated the Retirement Commission has approved certain amendments to the
    current retirement plans for City employees. She introduced Mr. Bill Dowd, Sageview
    Consulting Group, who presented a PowerPoint on the differences between the current
    and proposed retirement plans. Mr. Dowd emphasized that current employees would not
    be affected by the proposed changes; only employees hired after July 1, 2012. His
    presentation showed some of the changes to be that affected employees would contribute
    money to retirement, the required time in service would be extended an additional 5 years
    (but not for public safety employees), and health care benefits would end after the
    employee becomes Medicare eligible. Mr. Dowd stated the goal is to manage costs while
    still remaining an attractive benefit for retention and new hire purposes. Mr. Dowd said
    the proposed changes would save $11 million over twenty years.
    Mr. Norris commented that in general many public sector organizations are at risk
    financially because of retirement costs.
    11
    Mr. Huja and Ms. Edwards expressed concern about cuts in health care benefits
    for lower wage employees, and their ability to afford medical care even with Medicare.
    Ms. Brown responded that with the living wage commitment by the City, the average
    salary of a City employee is $39,000 per year, and that it’s very difficult to predict future
    health care costs.
    Dr. Brown said costs are being paid by taxpayers, and many of them don’t have
    the same benefits as City employees do currently. He said it is good to make comparisons
    with other localities and the state who still offer defined benefit plans. Dr. Brown said he
    thought it was fair to ask employees to pay some toward their retirement, but suggested
    that the Retirement Commission add a member from the public with specific expertise (in
    banking or investment). Dr. Brown asked Ms. Brown and Ms. Dowd to draft a proposal
    to change the composition of the Retirement Commission.
    Dr. Brown asked if eliminating the defined benefit plan would be an option. Mr.
    Dowd said there are risks in doing so in terms of funding the current plans, so such a
    change should be carefully considered.
    Ms. Szakos acknowledged the difficulty that lower wage employees might have if
    benefits were reduced, but believes the living wage commitment compensates somewhat
    for the need to reduce benefits for future employees.
    On motion by Ms. Szakos, seconded by Dr. Brown, the ordinance was carried
    over to the next meeting.
    ORDINANCE: MEADOW CREEK PARKWAY – CONDITIONS FOR OPENING
    FOR PUBLIC TRAVEL
    Ms. Szakos proposed an amendment to the Ordinance approved on first reading
    on December 5, 2011 on the opening of the Meadow Creek Parkway. The amendment
    would make it clear that the City is not consent to the early opening, but expressing
    Council’s expectations should VDOT decide on an early opening.
    On motion by Ms. Szakos, seconded by Mr. Huja, the motion to amend the
    Ordinance was approved, and upon motion by Ms. Szakos, seconded by Mr. Huja, the
    ordinance, as amended, was adopted (Ayes: Dr. Brown, Mr. Norris, Mr. Huja, Ms.
    Szakos; Noes: Ms. Edwards).
    MATTERS BY THE PUBLIC
    Ms. Joy Johnson, 823-E Hardy Drive, thanked Dr. Brown for his service on
    Council, and thanked Ms. Edwards for her community service.
    Ms. Rebecca Quinn, 104 4th Street: Ms. Quinn opposes the water supply plan
    because the numbers are not right. She asked if the University of Virginia is affected by
    12
    the new plan and are they participating in the negotiations. She urged Council to take
    their time in making any decisions.
    Mr. WolfBraun, 1120-0 South Street: Mr. Braun was disappointed that graffiti
    painted on the Robert E. Lee statue is being used to argue that Occupy Charlottesville
    should never have been allowed to use Lee Park.
    Ms. Pat Lloyd, Raymond Road: Ms. Lloyd had questions on what materials are
    accepted for recycling. She thinks recycling program should including composting and
    information on the purchase of products that require less packaging. Dr. Brown said he
    uses the McIntire Recycling Center because it accepts higher grades of paper for
    recycling, which is a valuable recycling asset. .
    Mr. Richard Lloyd: Mr. Lloyd stated that Dixon Disposal and Vanderlinde take
    all kinds ofrecyclables. He thanked Ms. Edwards for her service. He objected to
    Council's amendment ofthe City Manager's employment agreement, and the City's sale
    ofreservoir land. Mr. Lloyd said he is concerned about Council not upholding the "rule
    oflaw."
    Mr. Richard Sattman, 116 Olinda Drive: Mr. Sattman thanked Dr. Brown and
    Ms. Edwards for their service. He opposed the proposed cost sharing allocation
    agreement, and questioned whether RWSA adequately represents the City.
    Mr. Ridge Schuyler, 112 Robinson Woods: Mr. Schuyler thanked Ms. Edwards
    and Dr. Brown for their service to the City, and said councilors don't always get the
    recognition they deserve. Mr. Schuyler said he supports increasing the water supply by
    construction of a new dam, and supports the proposed cost sharing allocation agreement.
    The meeting was adjourned.