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 Tuesday, January 3, 2012, 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, 2012
    Council met in special session on this date with the following members present:
    Ms. Galvin, Ms. Smith, Mr. Huja, Mr. Norris, Ms. Szakos.
    On motion by Ms. Smith, seconded by Mr. Huja, Council voted (Ayes: Ms.
    Galvin, Ms. Smith, Mr. Huja, Mr. Norris, Ms. Szakos; Noes: None) to meet in closed
    session for discussion and consideration of appointments to City boards and
    commissions, and discussion of the annual performance evaluation 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: Ms. Galvin, Ms. Smith, 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 – January 3, 2012
    Council met in regular session on this date with the following members present:
    Ms. Galvin, Ms. Smith, Mr. Huja, Mr. Norris, and Ms. Szakos.
    Mr. Jones called the meeting to order and opened the floor for nominations for
    mayor. Ms. Szakos nominated Huja. Ms. Galvin seconded the nomination. Ayes: Ms.
    Galvin, Mr. Huja, Mr. Norris, Ms. Szakos, Ms. Smith; Noes: None. Mr. Huja nominated
    Ms. Szakos for Vice Mayor; Ms. Smith seconded the nomination. Ayes: Ms. Galvin, Mr.
    Huja, Mr. Norris, Ms. Szakos, Ms. Smith; Noes: None.

    2
    ANNOUNCEMENTS
    Mr. Huja thanked Mr. Norris for his service over the past four years. Mr. Huja
    welcomed two new Councilors, Ms. Galvin and Ms. Smith. He thanked his colleagues
    for supporting him for mayor and the citizens for electing him to Council.
    Mr. Huja asked Ms. Barfield to read a proclamation for Celebrate 250
    Charlottesville. Mr. Huja presented the signed proclamation to Mr. Jones and
    commended the City on their effort.
    Ms. Szakos announced the MLK Unity Celebration at 5:00 pm on Sunday,
    January 15th at the MLK Performing Arts Center. She also recognized the loss of Ms.
    Alicia Lugo and Ms. Dorothy Palmer, major community contributors who passed away in
    the past two weeks. She asked for a moment of silence.
    MATTERS BY THE PUBLIC
    Ms. Lauren Chapin, 100 Alderman Rd., with IMPACT, expressed support for
    Region 10’s Legislative Goals, particularly the Healthy Transition program. She asked
    about the status of the program and the budget proceedings.
    Mr. Brandon Collins, 536 Meade Ave., asked for a resolution calling for peace
    and bringing our war dollars back home. He asked Council to address affordable housing,
    jobs, and poverty.
    Mr. David Swanson, 707 Gillespie Ave., said we should not waste money on
    crimes, but affordable housing, education, and other community ventures.
    Ms. Joanna Salidis, 129 Goodman St., said sharing resources requires an
    agreement as to what the fundamental interests are for each party. The completed water
    agreement leaves too many fundamental questions unanswered.
    Mr. Peter McIntosh, 624 Davis Ave., said professional expertise should have been
    brought into the McIntire Park planning process earlier than it was. He commended the
    work of the Planning Commission regarding steep slopes and asked Council to examine
    the size trigger.
    Ms. Naomi Roberts, 1140 St. Clair Ave., said she is against creating another City
    department. She asked Council to examine the intersection at Hydraulic Rd. and Michie
    Dr., where drivers do not pay attention to the Do Not Block Intersection sign.
    Mr. Kirk Bowers, 106 George Rogers, distributed a resolution for peace. He asked
    Council to support peace for moral, spiritual, and monetary reasons.
    3
    Mr. Khalil Reid, 802 Cynthiana Ave., said it takes too long to cross the street at
    McDonalds and Wendy’s and near Browns Cleaners. The lights should not be green
    when it says walk.
    Ms. Nancy Carpenter, 727 Denali Way, requested Council adopt the peace
    resolution presented to Council.
    Ms. Linda Seaman, 2010 Greenbrier Dr., member of the McIntire Botanical
    Garden board, thanked Mr. Huja for asking to include professional help on the design
    team at McIntire Park.
    Ms. Rebecca Quinn, 104 4th St. N., said she was dismayed Council is willing to
    spend millions and cede the City’s water supply based on a ten year old study. Please
    update the safe yield analysis and ask Rivanna to revise the safe yield using all
    information from the HDR study.
    Mr. Stratton Salidis, 704 B Graves, spoke about links between military and sprawl
    growth. The City code says citizens get to decide before selling our water. The demand
    analysis is driven by sprawl developers.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Ms. Galvin said incorporating professional design and conducting a public
    process is not mutually exclusive. Professionalism can accentuate the positive.
    Regarding sprawl, there has been at least 30 years of growth management between the
    City and County to address this issue.
    Ms. Smith appreciated input on the items on our agenda, especially Region 10 and
    water. She said she was also very concerned about the pedestrian signal at McDonalds.
    She supported drafting a resolution for peace.
    Ms. Szakos also supported the resolution for peace and requested Council add it
    to the next meeting’s agenda.
    Mr. Norris thanked those who spoke in favor of peace and strongly supported a
    resolution that also addresses prevention of future wars. He also supported working to
    improve safety at the McDonalds crosswalk. Hydraulic and Michie Dr. is a dangerous
    intersection, and we have looked at a number of options. This has been a vexing issue.
    Mr. Jones said staff will continue to look for ideas to address the situation.
    Mr. Huja said he would like to see walk signs and crosswalks corrected where
    needed. He supported including a professional landscape architect for the McIntire East
    planning process.
    4
    On motion by Mr. Norris, seconded by Ms. Smith, Council made the following
    appointments to boards and commissions (Ayes: Ms. Smith, Mr. Norris, Ms. Szakos, Mr.
    Galvin, Mr. Huja):
    250th Anniversary Committee Huja
    Albemarle/Charlottesville Regional Jail Authority Szakos
    Audit Committee Huja & Szakos
    Charlottesville Community Scholarship Program Smith
    Charlottesville Redevelopment and Housing Norris
    Citizen’s Advisory Panel Smith
    Community Development Corporation Galvin
    Darden Towe Park Board Smith & Szakos
    Dialogue on Race Steering Committee Norris
    Housing Advisory Committee Szakos
    JABA Board of Directors Huja
    Jefferson Area Community Criminal Justice Board Norris
    LEAP Advisory Board Huja
    Local Climate Action Planning Process Galvin
    Metropolitan Planning Organization Huja & Szakos
    Piedmont Area Workforce Council Galvin
    Planning and Coordinating Council (quarterly) Huja & Szakos
    Retirement Commission Smith
    Rivanna River Basin Commission Smith & Norris
    Rivanna Solid Waste Authority Galvin
    Rivanna Water and Sewer Authority Galvin

    5
    School Capital Projects Galvin & Norris
    Social Services Advisory Board Smith
    Thomas Jefferson Planning District Commission Galvin
    Virginia First Cities Szakos (Norris, alternate)
    Mr. Norris noted his preference for Ms. Smith’s appointment to the Rivanna
    Water and Sewer Authority, although he will vote for the entire slate of appointments.
    CONSENT AGENDA
    Ms. Szakos asked for clarification on item f. Staff confirmed that it was a 100%
    match.
    On motion by Ms. Szakos, seconded by Ms. Smith, the following consent agenda
    items were approved: (Ayes: Ms. Galvin, Ms. Smith, Mr. Huja, Mr. Norris, Ms. Szakos;
    Noes: None.)
    a. Minutes of December 16
    and December 19
    b. APPROPRIATION: Reimbursement for CATEC Bus Loop Expenses -
    $69,798.37 (2nd reading)
    c. APPROPRIATION: Reimbursement for Central Library Renovations -
    $41,645.41 (2nd reading)
    d. APPROPRIATION: Reimbursement for Facilities Assessments - $11,335.62
    (2nd reading)
    e. APPROPRIATION: Amend FY2012 Schools Budget - $575,534 (2nd
    reading)
    f. APPROPRIATION: Azalea Park Improvements Grant - $100,000 (carried)
    g. APPROPRIATION: Community Attention Youth Intern Program - $10,000
    (carried)
    h. APPROPRIATION: Virginia Fire Department Programs Grant - $99,796
    (carried)
    i. APPROPRIATION: Westhaven Clinic Funding - $7,000 (carried)
    j. APPROPRIATION: Reimbursement for Traffic Signal Improvements - $19,454
    (carried)
    k. RESOLUTION: Special use permit for 98 Midmont Lane
    l. ORDINANCE: Conservation Easement across City Owned Lands along
    Meadow Creek (2nd reading)
    m. ORDINANCE: Retirement Plan Amendments (2nd
    reading)
    6
    REPORT: REGION TEN LEGISLATIVE GOALS
    Mr. Steven Stern and Ms. Mary Frances Porter with the Region 10 Community
    Service Board presented to Council, thanking them for their support in several important
    areas. Ms. Porter reported on their fiscal stability, especially psychiatric services, which
    operate at a $1 million deficit. Mr. Robert Johnson, Exec. Dir. of Region 10, updated
    Council and said the focus this year is on employment, housing, and intervention. Ms.
    Barbara Crowder said Region 10 has helped her for many years. Mr. Eric Cabell said
    Region 10 gave him a home and a job. Mr. Robert Moyer thanked Region 10 for allowing
    him to do work for them.
    Ms. Szakos said her family has benefited from the Region 10 program and
    thanked them on behalf of the community. Services they provide are often about
    prevention, which is economically a good investment for the public. She asked about
    client loads by locality and how much localities are paying their CSB’s in Virginia. She
    said she suspected we may not be pulling our weight. She fully supports the jail program.
    Ms. Smith asked if their clients were from Charlottesville. Mr. Johnson said
    Albemarle/Charlottesville is generally home, but reentry permits them to return wherever
    they can find housing.
    Ms. Galvin asked how much coordination there was between their reentry
    programs and what is promoted by Dialogue on Race. Mr. Johnson said they work
    closely with DOR.
    REPORT: CLARIFICATION OF ISSUES – WATER SUPPLY COST SHARING
    ALLOCATION AGREEMENT
    Ms. Smith asked if Rivanna was involved with the cost negotiations. Mr. Brown
    said no. She asked Mr. Brown for history on the 1973 agreement with Albemarle Co.
    and Rivanna. She asked about when we began these negotiations. What did ACSA come
    to the table with? Mr. Brown said money. How do we get a 4.7 allocation? If we own
    water rights to the existing system, how (8:43) Wants to know if we look at allocation for
    existing water as we look at allocation for new water created by the new dam, what
    would that look like?
    Mr. Norris – why not apply in full? Mr. Brown – pre-agreement costs that have already
    been paid.
    Ms. Szakos – what would happen if there was new water? It wouldn’t be subject to the
    cost share agreement, right? 855
    Ms. Smith asked Council to ask Rivanna to calculate a current safe yield using the current
    bathometric information?
    7
    REPORT: JEFFERSON AREA CHIP UPDATE
    Ms. Judy Smith presented two videos to Council that demonstrated the work that
    has been done in the community over the past few years.
    Mr. Norris asked about coordination services with others to avoid duplication.
    Ms. Smith said they do a good job with partnering with other agencies in the City.
    REPORT/RESOLUTION: ACCEPTANCE OF CENTER OF TOWN MARKER
    Mr. Tolbert presented to Council. Mr. Norris said he is a big fan of Mr.
    Trumbull, but asked if that is actually the center of Charlottesville. Mr. Coiner said the
    stone is for directional purposes. On motion by , seconded by , the resolution passed
    unanimously. (Ayes: Ms. Smith, Ms. Galvin, Ms. Szakos, Mr. Norris, Mr. Huja; Noes:
    None.) (9:15 motion and second?)
    Mr. Tolbert said the design will now go to the BAR for their review.
    REPORT/RESOLUTION: ALLOCATION OF $200,000 FOR FIFEVILLE CDBG
    PRIORITY NEIGHBORHOOD
    Ms. Thackston presented to Council. The Fifeville CDBG Task Force
    recommended that the FY 11-12 allocation of Priority Neighborhood funds be spent on
    pedestrian safety and streetscape improvements on Cherry Ave.
    On motion by Mr. Norris, seconded by Ms. Galvin, the resolution passed
    unanimously. (Ayes: Ms. Smith, Ms. Galvin, Ms. Szakos, Mr. Norris, Mr. Huja; Noes:
    None.)
    REPORT/ORDINANCE: AMENDMENTS TO CRITICAL SLOPES
    REGULATIONS (carried)
    Mr. Tolbert presented to Council. This is a happy moment for staff and Planning
    Commission. The project was started about two years ago, when the Commission
    recognized that the current ordinance was cumbersome both to the applicants and to the
    Commission. He explained how waivers would be granted.
    Mr. Norris thanked the Planning Commission for putting together a solid
    compromise. He said this does not differentiate between manmade slopes and naturally
    occurring slopes, but he is willing to support it anyway.
    Mr. Huja commended staff on their work.
    8
    Ms. Galvin thanked staff for incorporating her input. The map is valuable and
    could be used proactively to assist in determining where to place future urban parks. On
    motion by Ms. Galvin, seconded by Ms. Szakos, the ordinance carried for a second
    reading.
    MATTERS BY THE PUBLIC
    Mr. John Pfaltz, 1503 Rugby Rd., asked when Council decided residents should
    be charged for leaf collection.
    Mr. Al Page, 806 Page St., said he is seeing a truly white citizen’s Council, which
    is frightening to him as a Black citizen. He asked that a Black seat on Council be
    guaranteed for the future.
    Ms. Pat Lloyd, Raymond Rd., said she hopes Charlottesville will choose peace
    and thanked Councilors who spoke in support of the peace resolution. She read a poem
    that spoke to the destruction of trees.
    Mr. Ridge Schuyler, 112 Robinson Woods, said the water supply plan we ended
    up with is great for the people and the environment. We leased water rights to RWSA;
    we cannot now simply take it back.
    Mr. Brevy Cannon, 710 Ridge St., told an allegory to illustrate the water supply
    issue.
    COUNCIL RESPONSE
    Ms. Smith said she still wants to investigate when the water lease expires, as well
    as the 40 year limitation.
    Ms. Szakos asked Mr. Jones about the leaf collection. Mr. Jones said we are not
    charging within our leaf collection season from November to the end of January. We are
    charging outside of that period of time, from February to October. Council asked for this
    clarification to be posted on the website.
    Mr. Huja said he will support the peace resolution at the next meeting. Mr. Jones
    asked Council to send changes or additions to staff by the end of the week.
    The meeting was adjourned.
    _______________________________________
    Clerk of Council
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE HELD
    ON Thursday, January 5, 2012, AT 5:00 p.m. AT CitySpace, 100 5th Street, N.E.
    THE PROPOSED AGENDA IS AS FOLLOWS:
    Budget Work Session
    BY ORDER OF THE MAYOR BY Paige Barfield
    CITY SPACE – January 5, 2012
    Council met in special session on this date with the following members present: Ms.
    Galvin, Ms. Smith, Ms. Szakos, Mr. Norris, Mr. Huja.
    Ms. Beauregard introduced Mr. Jim Johnson, Financial Advisor at Morgan Keegan, to
    discuss the importance of a AAA credit rating to the City. He also reviewed recent rating
    activities, gave an overview of Charlottesville’s key financial policies, and reviewed the impact
    of additional debt. Any additional debt would exceed the City’s current debt policy by 2018.
    Ms. Beauregard gave an Update on FY 2012‐2017 Revenue and Expenditure Forecasts.
    She also reviewed long-term forecasts. Most notably, real estate tax revenue is the largest source
    of revenue, and it is trending downwards, which is not as good as the City anticipated. She also
    reviewed the FY12-17 Financial Forecasts.
    Ms. Beauregard reviewed FY 13 budget guidelines, long term financial guidelines, and
    reviewed the FY13 budget timeline. She also reviewed expenditure and revenue trends for
    FY2013. All revenues are projected to increase by less than 0.75% going into FY 2013.
    Council reviewed the FY 2013 Budget Development Workplan Update, discussed early
    trends for expenditures and revenues, and addressed the FY 2013 Capital Improvement Program
    and projected debt service. They also discussed Council priorities and initiatives and agreed to
    address these more extensively at their retreat in early February.
  • 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 17, 2012, 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 17, 2012
    Council met in special session on this date with the following members present:
    Ms. Galvin, Ms. Smith, Mr. Huja, Mr. Norris, Ms. Szakos.
    On motion by Ms. Szakos, seconded by Ms. Smith, Council voted (Ayes: Ms.
    Galvin, Ms. Smith, Mr. Huja, Mr. Norris, Ms. Szakos; Noes: None) to meet in closed
    session for (1) Discussion and consideration of appointments to City boards and
    commissions, and discussion of the annual performance evaluation of the City Manager,
    as authorized by Virginia Code sec. 2.2-3711 (A) (1); and, (2) Consideration of the
    acquisition of real property near 5th Street, S.W. for use as public street right-of-way,
    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. Galvin, seconded by Ms. Szakos, Council certified by the
    following vote (Ayes: Ms. Galvin, Ms. Smith, 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 – January 17, 2012
    Council met in regular session on this date with the following members present:
    Ms. Galvin, Ms. Smith, Mr. Huja, Mr. Norris, and Ms. Szakos.
    ANNOUNCEMENTS
    Ms. Szakos announced “HYPE” – Help Young People Evolve, a boxing and
    mentoring club, which meets every Wednesday, Thursday and Friday 4-6pm at Tonsler.
    2
    Mr. Huja presented a Reentry Recognition award from the Governor of Virginia
    to Mr. Mike Murphy, along with Jim Shea and Brenda Lambert, for their leadership in
    furthering reentry at the local level. Mr. Murphy thanked Council for their support and
    thanked the community members who have made this program possible.
    Mr. Huja announced that City Hall is closed February 20th for President’s Day.
    MATTERS BY THE PUBLIC
    Mr. David Swanson, 707 Gillespie Ave., brought a peace lily to Mr. Huja. He
    asked those in the audience who support peace to stand. He asked Council to support the
    peace resolution and spoke against going to war in Iran.
    Ms. Kim Rollin, 210 Sunset Ave., thanked Council for the work they have done
    so far on the disparity of the number of people of color in supervisory positions. She
    expressed concern over the response rate, especially from minority groups.
    Ms. Thomasine Wilson, 4080 Cypress Pointe Dr., thanked the City for improving
    access for minorities to supervisory positions. She asked about lack of opportunity for
    training and mentoring for people of color. She said it is necessary for the city to provide
    more concrete information on plans to improve support systems and communication.
    Mr. Larry Bishop, 2673 Castle Rock Rd., encouraged Council to adopt the peace
    resolution before them tonight without revision.
    Mr. Tony Russell, 1404 Grace St., said the peace resolution says exactly what
    needs to be said on behalf of community members and people nationwide. He supported
    opposing war in Iran on a local level.
    Ms. Ira Bashcow, 2101 Tarleton Dr., said he appreciated that Council seeks to
    pass a peace resolution. Accepting Iran as a legitimate object of U.S. action differentiates
    the original resolution from a watered down version.
    Mr. Brandon Collins, 536 Meade Ave., said language that alters the peace
    resolution is off topic and does not capture the spirit of the resolution. He encouraged
    Council to be one of the first in the nation to pass this resolution.
    Mr. Phillip Jones, 101 Forest Hill Ave., said street markings for the crosswalk at
    Buford School at Forest Hills Ave, the crosswalk at 7 ½ street, and the fire hydrants at
    Forest Pines Ave are a safety hazard for the children and community members.
    Ms. Helena Cobban, 206 Alderman Rd., said none of the promises about the Iraq
    war came to be true. She explained her expertise in the Middle East and said main stream
    media is feeding us a diet of lies. The cost of the war in Iraq has shattered our
    community.
    3
    Mr. Brian Wimer, 704 Belmont, asked for Council’s support of “Project Gaitway,
    the Belmont Bridge design competition that aims to devise an acceptable plan for
    rebuilding the bridge. He asked Council for $2,000 in support of the competition and
    asked for a representative from Council to serve as a judge.
    Mr. Morgan Butler, 201 W. Main, speaking for the Southern Environmental Law
    Center, said the Virginia Supreme Court ruling this past Friday says local governing
    bodies cannot grant waivers. He asked for the critical slopes ordinance to be pulled from
    the agenda for revision in order to achieve the balance the resolution intended.
    Mr. Stratton Salidis, 704 Graves St., said there are links between local choices
    and national choices. We are not moving towards a pedestrian-centric lifestyle, but
    increasing our dependence on oil. Please stand up for the people of Charlottesville and a
    healthier way of living in the world.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Ms. Smith thanked everyone for coming, especially those speaking in support of
    the peace resolution. She requested that the peace resolution be moved up on the agenda.
    She requested that Mr. Jones’ issues regarding the Forest Hills area be addressed.
    Mr. Norris echoed Ms. Smiths’ sentiments. He also supported Project Gaitway
    and City funding for it. Ms. Smith agreed.
    Ms. Szakos clarified the areas of trouble Mr. Phillip Jones brought forward and
    asked staff to address them. She thanked citizens for reiterating that peace is a local
    issue. She asked that Project Gaitway be added to a future agenda. She asked Mr.
    Tolbert for clarification on the Critical Slopes decision and how that impacts the
    ordinance. Mr. Tolbert said staff is studying the issue but asked Council to adopt the
    ordinance on second reading. The waiver portion is invalid, but other things in the
    ordinance make passing legitimate slopes requests during the transition period easier to
    deal with. Ms. Szakos encouraged staff to deal with it quickly. She thanked people for
    coming forward regarding lack of minorities in supervisory positions and requested a
    work session to examine what we can do programmatically and through training.
    Ms. Galvin said she was interested and concerned about the minority issue and
    would also like a work session on the topic. She supported the Gaitway Project. She said
    she understands the dynamics surrounding the Peace Resolution extremely well and does
    not take it lightly, especially because of her background. She thanked everyone for
    sharing, even if there were differences of opinion.
    Mr. Huja asked for staff response on the issues Mr. Jones brought forward and for
    a report at the next meeting.
    4
    Ms. Smith asked if we should pull the slopes ordinance from the consent agenda.
    Council agreed that we could make necessary changes at a later date and decided not to
    pull it from the agenda.
    On motion by Mr. Norris, seconded by Ms. Szakos, Council made the following
    appointments to boards and commissions (Ayes: Ms. Smith, Mr. Norris, Ms. Szakos, Mr.
    Galvin, Mr. Huja; Noes: None): to the Airport Commission, Mr. Don Long; to the JABA
    Board of Directors, Ms. Elayne Philips; to the Sister City Commission, Ms. Babs Fickes.
    CONSENT AGENDA
    On motion by Mr. Norris, seconded by Ms. Szakos, the following consent agenda
    items were approved: (Ayes: Ms. Galvin, Ms. Smith, Mr. Huja, Mr. Norris, Ms. Szakos;
    Noes: None.)
    a. Minutes of January 3 and
    January 5
    b. APPROPRIATION: Azalea Park Improvements Grant - $100,000 (2nd
    reading)
    c. APPROPRIATION: Community Attention Youth Intern Program - $10,000 (2nd
    reading)
    d. APPROPRIATION: Virginia Fire Department Programs Grant - $99,796 (2nd
    reading)
    e. APPROPRIATION: Westhaven Clinic Funding - $7,000 (2nd
    reading)
    f. APPROPRIATION: Reimbursement for Traffic Signal Improvements - $19,454
    (2nd reading)
    g. APPROPRIATION: Multiforce Systems Corporation Reimbursement - $13,000
    (carried)
    h. APPROPRIATION: FY2012 Friendship Court Sponsorship Agreement (3rd
    Quarter) - $22,130.50 (carried)
    i. ORDINANCE: Amendments to Critical Slopes Regulations (2nd
    reading)
    RESOLUTION: PEACE RESOLUTION
    Mr. Huja said a peace resolution was brought forward at the last Council meeting
    for adoption. Ms. Galvin suggested some changes to the resolution. She said she
    supported sentiments of the original resolution but wished to include revised language to
    respect the service of troops so far and respect the Office of the President. The original
    resolution is too specific.
    Mr. Norris said he thought the original resolution as drafted was clear and backed
    by data evidence. This resolution does nothing to demean the service of men and women
    in uniform. He said it was a good amendment to add calling on Congress and the
    President. It’s critically important that we specifically name Iran, because that is where
    the warmongering is happening now. He offered a friendly amendment that talks about
    ways in which the savings from scaling back our military adventurism abroad can be
    5
    realized locally. Reducing the national debt is also another benefit from scaling back our
    bloated military budget.
    Ms. Smith thanked Ms. Galvin for being so thoughtful about this resolution and
    thanked her for her contribution, but said she did not think the amendments were
    necessary.
    Ms. Szakos said she did not see any reason to change the resolution.
    Mr. Huja said peace is an important concern for every one of us. The changes
    suggested by Ms. Galvin make a stronger resolution. He was concerned about
    highlighting Iran alone and not mentioning other countries, like North Korea.
    On motion by Mr. Norris, seconded by Ms. Smith, Council approved the
    resolution as posted on the website, which included Iran. Ms. Galvin abstained from
    voting because of her aforementioned objections to some of the language in the
    resolution.
    PUBLIC HEARING/ORDINANCE: PARTIAL VACATION OF PLAT – DAVIS
    FIELD TEMPORARY TURNAROUND (carried)
    Mr. Brown presented to Council.
    Mr. Huja opened the public hearing.
    Ms. Debroh Dolmich, 721 Village Rd., representing Ms. Mildred Cosner at 613
    Davis Ave., who resides in the house adjoining the partial road that was put into the field,
    said the road is the only access to the field. She asked if this resolution would affect the
    partial access road by widening it or taking in adjoining properties.
    The public hearing was closed.
    Mr. Brown said the ordinance does not have any effect on the existing paved
    access street that runs off Davis Ave.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the ordinance carried for a
    second reading.
    PUBLIC HEARING: WATER SUPPLY PLAN
    Mr. Jones presented a power point presentation to Council on the Community
    Water Supply Plan. He reviewed the Ragged Mountain Dam Height, the cost share
    agreement and the Ragged Mountain Dam project agreement. He also reviewed benefits
    6
    of the community water supply plan to the city, including an estimated decrease in rates
    in the near term.
    Ms. Smith said there were a lot of details that were not explained. The 15% cost
    does not satisfy our demand for 50 years. She asked for clarification on the cap.
    Mr. Norris asked if the City’s demand is as projected by AECOM, factoring in the
    costs that we have already incurred, what the actual cost would be to the City for the
    agreement before us tonight.
    Ms. Smith said the premise of the rates going down is that we are paying reserves
    of 27%, but now we are paying 15%. That assumes that we will no longer be charged for
    reserves. Mr. Brown said he would assume our share of reserves would be 15%. Mr.
    Norris said the breakdown of costs is based on agreement from 2003. He asked what the
    City’s share was of the allocation from 2003. Mr. Brown said in 2003 the assumption
    about safe yield was that it was 12.0 mpg, which has been revised now to 12.8. Mr.
    Norris said we are losing allocation. He asked what the cost was to make sure we have
    enough water to meet the City’s needs, which includes UVA, over the next 50 years. Mr.
    Brown said AECOM shows that demand in 2060 will be 7.74MGD. Ms. Smith asked for
    current allocations versus projected allocation. Mr. Norris asked how much we are being
    compensated for the timber from Ragged Mountain. Mr. Brown said there is not a
    separate amount from the compensation paid to the City for use of the land.
    Ms. Smith asked what the difference was between the allocation of what we have
    currently and how much of that the City is being given going forward. Mr. Brown said
    the math that was used was to look ahead 50 years and to account for the reduction due to
    sedimentation from the Gannet Fleming study.
    On motion by Mr. Huja, the public hearing was opened.
    Mr. Neil Williamson, 550 Hillsdale Dr., with the Free Enterprise Forum,
    supported the community water supply plan
    Mr. Bob Hodous, 1309 Lester Dr., said Council should pass all three resolutions.
    Mr. Toan Nguyen, 710 Lyons Ct., owner of Cville Coffee, asked Council to pass
    the resolutions.
    Mr. Timothy Hulbert, 2246 Brandywine Dr., said the Chamber supports the water
    supply plan. He thanked Mr. Jones and Mr. Brown for putting together a reasonable
    allocation of costs for a plan to move this community forward. He asked Council to
    approve the plan.
    Mr. Brandon Collins, 536 Meade Ave., said the water supply plan will make it a
    lot harder to do what we need to for the people of the community. He said the public
    hearing seems meaningless, and Council owes the public answers.
    7
    Ms. Robbi Savage, Executive Director at the Rivanna Conservation Society,
    thanked Council for their tireless work to develop the water supply plan and cost
    allocation agreements. RCS continues to support the plan because it is the only plan that
    will meet our water supply needs while protecting our rivers. We think it is also the least
    expensive alternative. Please approve all three resolutions.
    Mr. Stratton Salidis, 704 Graves, asked Council not to approve the water supply
    plan. Information has been skewed in favor of building the dam. The County bullies the
    City and manipulates information.
    Ms. Linda Goodling, 740 Meechums West, with the League of Women Voters of
    Charlottesville/Albemarle, said the League has been an advocate for watershed protection
    for over 25 years. They support going forward with the water supply plan.
    Ms. Emily Sloan, 106 Azalea Dr., said she opposes the water plan. We cannot
    base decisions on outdated studies.
    Ms. Carolyn Burgess, 706 Gillespie Ave., said the cost sharing agreement has
    been fast forwarded. She said Ms. Smith should have been appointed to the water board
    because voters elected her based on her knowledge of the issues.
    Ms. Rebecca Quinn, 104 4th St. NE, said Council should use HDR bathometry for
    updating the water supply agreement. Do not approve an agreement based on a water
    capacity that you know is inaccurate.
    Ms. Susan Dempsey, 2417 Jefferson Park Ave., said this plan only allocated water
    for the next 30 years, not 50 years.
    Mr. Dan Bieker, 4174 Laird Ln., said the environment is the big loser in this
    water supply plan. It is important to accurately calculate stream flows. He said we
    should not cut the timber during peak breeding season. The City should put the timber
    out for bid.
    Mr. Rob Warner, 712 Highland Ave., encouraged Council to approve the plan.
    The plan has been examined enough to go forward.
    Mr. David Repass, 227 E. Jefferson St., asked Council to uphold the spirit and
    intent of the City charter, which states that the rights of the City shall not be sold until
    approved by a majority of votes. The referendum should be held whether it is legally
    required or not because a lease for 40 years is just as good as a sale.
    Mr. David Phemister, 716 Monticello Ave., with the Nature Conservancy,
    supports the resolutions. This water supply plan is the only plan that meets our water
    needs while also conserving our environment. We do not need a referendum. Do not
    spend any more money on alternatives that are not viable.
    8
    Ms. Sally Thomas, 889 Leigh Way, said each step of the water plan discussion
    has been met with doubt and controversy since the 19th century. We will finally have an
    agreement that will make us good stewards of our streams and rivers. Please adopt
    tonight’s resolutions.
    Mr. Matthew Rohdie, 1014 Locust Ln., owner of Carpe Donut, said it is important
    to know what the costs are of the new dam before voting on it.
    Ms. Joanna Salidis, 129 Goodman St., asked opponents of the water plan to stand.
    She said the costs of hauling timber are not outlined in the agreement. She said
    developers have pushed this plan from the beginning.
    Ms. Jennifer Downey, 1014 Locust Ln., said moving on at all costs is not the right
    thing to do. Please put off a vote until you have the answers to important questions.
    Mr. Galen Staengl, 129 Goodman St., said the 2006 water supply agreement
    looked a lot more like the Norris plan than the current agreement, which does not reflect
    the original intent or the most current information. Create a plan that promotes walkable
    and bikeable areas.
    Mr. Rick Seaman, 2010 Greenbrier Dr., agreed that we need more information
    and should be thoroughly educated on this issue. He supports the water supply plan and
    thanked Council for their efforts to protect our water supply.
    Mr. Kelton Flenin, 101 Robertson Ln., said he is concerned that citizens are
    getting a raw deal with the cost share agreement. He asked if the University has bought
    into the projected water use by AECOM.
    Ms. Colette Hall 101 Robertson Ln., said three Councilors are playing party
    politics.
    Ms. Phyllis Catshears, business owner in the City, said we must be able to answer
    the questions about cost before going forward with a vote. She asked Councilor Galvin
    to reconsider and take more time to examine the information.
    Ms. Baily Elizabeth, 505 Elliot Ave., said constant growth is not always best.
    Mr. Stanton Braverman, 226 Douglas Ave., is against building the dam.
    Mr. Jeff Warner, 212 Wine St., said he has fought since 2005 to keep our water
    supply plan local. This was a plan developed with a lot of analysis. He asked Council to
    move forward with a vote to support the plan.
    Mr. Brevy Cannon, 710 Ridge St., said we need an answer for exactly what the
    plan will cost for 50 years. He questioned how the cost sharing agreement was devised.
    9
    Mr. Blake Caravati, 1108 Little High St., said he has been involved with the water
    plan since 2000. He asked Council to pass this plan.
    Mr. Clark Grambia, Fry Springs neighborhood, said he is opposed to the plan.
    This is not a lease; it is a sale, unless the property reverts to the City at the end of forty
    years.
    Ms. Jen Lucas, 1126 E. Jefferson St., said we need more information before
    making this decision. We can all agree that we need more than dredging.
    Mr. Euriah J. Fields, 829 Mallside Ct., said all important decisions must be made
    with insufficient data. If we wait until we have all the data, we will never make a
    decision. Please vote for this plan tonight.
    Dr. David Brown, 1534 Rugby Ave., said this plan ensures that growth pays for
    itself. We only have to pay more if we use more water, and that is fair. This plan pushes
    us to conserve. Please support the plan.
    Ms. Colette Blount, 1523 Amherst St., asked where the details of the proposed
    lease are written out for the public to review. The public should be permitted to read this
    document before a vote.
    Ms. Liz Palmer, ACSA Board member, thanked Councilors for their efforts on
    this plan, regardless of their position. Growth pays for growth with respect to water.
    The public hearing was closed.
    Mr. Norris said he understands that some people want to move on from the water
    supply plan. There is a plan that is more economically, environmentally responsible and
    would provide enough water for the future. There is enough water now to meet the
    City’s needs for the next 50 years. He said a baseline cost for simply ensuring our needs
    are met for the next 50 years should be established, and anything above a few million
    dollars is a subsidy of county growth by city ratepayers. Water levels will not be
    enhanced in the Moormans River for another 25 years under the current plan.
    Ms. Smith said she is here to defend the City’s interest in the plan, even though
    she still opposes it. The cost share agreement is not fair to the City. She asked for more
    information on the City’s future allocation rights. The City should get allocation
    proportional to the capital investment in the existing water. The county should have to
    true up for the existing infrastructure, which the City has paid for entirely. She asked if
    the City is giving up 80% of their allocation to water in the South Fork Rivanna
    Reservoir.
    Ms. Szakos said some who oppose the plan view Albemarle County as the enemy,
    but we are one community, and we should be able to find common ground on this issue.
    10
    Others worry about growth, nature, and a belief that spending money is foolish because
    conservation will decrease our need. This is about the cost share agreement. The City and
    County have different needs from the agreement, and we can both get what we need without
    detracting from the other. This plan ensures adequate water and protects our investment.
    Ms. Galvin said she respects Ms. Smith's devotion and intelligence. The point of the cost
    allocation plan is to allocate the cost of the infrastructure for future use. We are paying for
    double the water storage capacity than what the dredge only plan would give us. The plan also
    incentivizes conservation, and we do not pay anything more if we are successful in conserving.
    Ms. Smith asked what the term limit was for this agreement. Mr. Brown said it stops at
    $72 million for the City. Ms. Smith said the loss of South Fork Rivanna Reservoir is a problem.
    We cannot use the water in our reservoir toward our own allocation, and that leaves us with no
    financial benefit to restoring or preserving this area. We should require Rivanna to restrict its
    clear-cutting to avoid essential breeding season. She asked for information on metering. Mr.
    Frederick said we will not know the cost until we develop a metering plan, which will take a
    detailed study of the system. Ms. Smith said we do not know how we will pay for it.
    Ms. Galvin said there was a stewardship fund idea, which is something we could use to
    manage the area around our facilities. Ms. Szakos said she agreed.
    Mr. Norris asked why no provision was put in for the county to conserve water, allowing
    it 130% of the water they need while giving the City less water than the projections say we will
    need.
    Mr. Huja called for a vote on the resolutions.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the resolution to Amend the
    Resolution on Approved Height of Ragged Mountain Dam passed. (Ayes: Ms. Szakos, Ms.
    Galvin, Mr. Huja; Noes: Ms. Smith, Mr. Norris.)
    Ms. Smith proposed an amendment that the City be given allocation rights to the existing
    water proportionate to the city’s capital investment in the existing infrastructure, by the same
    formula as the county is given allocation rights to the new water proportionate to their capital
    investment in the new infrastructure. Mr. Norris seconded. The motion failed. (Ayes: Ms. Smith,
    Mr. Norris; Noes: Ms. Szakos, Ms. Galvin, Mr. Huja.)
    Ms. Smith moved that we recalculate the baseline safe yield and more importantly the
    projected safe yield for 2055 based on the more recent HDR bathymetric data. Mr. Norris
    seconded. The motion failed. (Ayes: Ms. Smith, Mr. Norris; Noes: Ms. Szakos, Ms. Galvin, Mr.
    Huja.)
    Ms. Smith moved that the City retain allocation rights to the SFRR over and above the
    agreed to split with ACSA for as long as this agreement is in place. The City’s allocation worth
    at least $80 million dollars today will be based on the most recent bathymetric information and
    revised only after a new bathymetric study of the SFRR is conducted. Mr. Norris seconded. The
    motion failed. (Ayes: Ms. Smith, Mr. Norris; Noes: Ms. Szakos, Ms. Galvin, Mr. Huja.)
    11
    Ms. Smith moved that the ACSA be required to “true-up” to the City for the capital
    investment in existing infrastructure under the same formula as the city is required to “true-up”
    to ACSA for new infrastructure, proportionate to their present and future use. Mr. Norris
    seconded. The motion failed. (Ayes: Ms. Smith, Mr. Norris; Noes: Ms. Szakos, Ms. Galvin, Mr.
    Huja.)
    Ms. Smith moved that to be consistent with our requirement to install meters in order to
    accurately measure the distribution of treated water, we require RWSA to install flow gauges on
    the North and South Forks of the Moormans River above the dam to accurately measure
    streamflow, to be installed before streamflow release requirements take effect per the state and
    federal permits. Mr. Norris seconded. The motion failed. (Ayes: Ms. Smith, Mr. Norris; Noes:
    Ms. Szakos, Ms. Galvin, Mr. Huja.)
    Ms. Smith moved that we set a term limit of 2040 or when the safe yield reaches the
    AECOM projection for 2055, whichever comes first. Mr. Norris seconded. The motion failed.
    (Ayes: Ms. Smith, Mr. Norris; Noes: Ms. Szakos, Ms. Galvin, Mr. Huja.)
    Ms. Smith moved that we do not sign this agreement until ACSA agrees to pay the cost
    of the new pump station proportional to their use. Mr. Norris seconded. Ms. Galvin said she
    views these as very different items and does not want to couple them together. Mr. Norris said
    we should use what little leverage we have. The motion failed. (Ayes: Ms. Smith, Mr. Norris;
    Noes: Ms. Szakos, Ms. Galvin, Mr. Huja.)
    Mr. Norris moved that this agreement only stay in effect as long as City rates do no
    increase as a result of the agreement. Ms. Smith seconded. The motion failed. (Ayes: Ms.
    Smith, Mr. Norris; Noes: Ms. Szakos, Ms. Galvin, Mr. Huja.)
    Mr. Norris moved that we adjust the cap in the agreement, which is currently at 6/71
    mgd, to 8.32 mgd, so that the City is not losing water as a result of this agreement. Ms. Smith
    seconded. The motion failed. (Ayes: Ms. Smith, Mr. Norris; Noes: Ms. Szakos, Ms. Galvin, Mr.
    Huja.)
    Mr. Norris moved that we apply the same formula for costs going forward on the dam
    and pipeline as costs already incurred, reflecting a 15/20 split. Ms. Smith seconded. The motion
    failed. (Ayes: Ms. Smith, Mr. Norris; Noes: Ms. Szakos, Ms. Galvin, Mr. Huja.)
    Mr. Norris moved that the City seek compensation for timber at the Ragged Mountain
    Natural Area and put it out for bid with the assistance of a qualified forester. Ms. Smith
    seconded. Ms. Galvin said she does not see why this has to be part of the agreement. Mr. Brown
    said we have retained a professional appraiser. Mr. Huja was interested in having trees replaced
    and being reimbursed for it. Ms. Szakos said we could talk about it at the next meeting. The
    motion failed. (Ayes: Ms. Smith, Mr. Norris; Noes: Ms. Szakos, Ms. Galvin, Mr. Huja.)
    Ms. Smith moved that we remove the metering requirement from the agreement, because
    we do not know if it is even possible or what it costs. Mr. Norris seconded. The motion failed.
    (Ayes: Ms. Smith, Mr. Norris; Noes: Ms. Szakos, Ms. Galvin, Mr. Huja.)
    12
    Mr. Huja said this is a good plan that secures the long term needs of the City’s future. It
    is good for lowering rates, good for streams, and good for nature. He plans on supporting it.
    Mr. Norris said the City is not paying 15% for the cost of the dam; it will be paying more.
    Ms. Smith said we have a fiduciary responsibility to the citizens to spend their money
    responsibility, especially in light of a potential budget shortfall.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the resolution to Approve the Water
    Cost Allocation Agreement passed. (Ayes: Ms. Szakos, Ms. Galvin, Mr. Huja; Noes: Ms. Smith,
    Mr. Norris.)
    Mr. Norris moved that tree clearing be suspended until after nesting season has been
    completed. Ms. Smith seconded. The motion failed. (Ayes: Ms. Smith, Mr. Norris; Noes: Ms.
    Szakos, Ms. Galvin, Mr. Huja.) Mr. Frederick said local and state environmental requirements
    were considered as part of the contract. We have not gone beyond regulations to add additional
    requirements to impose additional restrictions. Contractors indicated that there would be a claim
    for adding that provision to the contract. Ms. Szakos asked Mr. Frederick to make that inquiry
    for mid-February through mid-July to preserve the birds breeding season.
    Mr. Norris moved that the property revert to City ownership after 40 years, and include
    that in the agreement. Ms. Smith seconded. The motion failed. (Ayes: Ms. Smith, Mr. Norris;
    Noes: Ms. Szakos, Ms. Galvin, Mr. Huja.)
    Mr. Norris moved that once the Sugar Hollow pipeline is taken out of service, we remove
    the Sugar Hollow dam to restore natural streamflow to the Moormans River. Ms. Smith
    seconded. The motion failed. (Ayes: Ms. Smith, Mr. Norris; Noes: Ms. Szakos, Ms. Galvin, Mr.
    Huja.)
    On motion by Ms. Szakos, seconded by Ms. Galvin, the Resolution to Approve Ragged
    Mountain Dam Project Agreement passed. (Ayes: Ms. Szakos, Ms. Galvin, Mr. Huja; Noes: Ms.
    Smith, Mr. Norris.)
    OTHER BUSINESS
    Mr. Norris moved that we put the agreements Council disagreed on up for a
    public referendum. Ms. Smith seconded. The motion failed. (Ayes: Ms. Smith, Mr.
    Norris; Noes: Ms. Szakos, Ms. Galvin, Mr. Huja.)
    MATTERS BY THE PUBLIC
    Mr. Scott Bandy, City of Charlottesville, said ratepayers are about to see rates go up because of
    the RWSA. There should have been a referendum. He requested elected officials call for a vote
    to dissolve the RWSA.
    Mr. Walt Heineke, 1521 Amherst St., encouraged Council to facilitate forming
    the Human Rights Commission.
    13
    Ms. Rebecca Quinn, 104 4th St., said she was stunned by the number of questions
    asked by Councilors and the public that were ignored.
    Mr. Brandon Collins, 536 Meade Ave., said the Planning Commission wants to
    form a strategic housing fund, coupled with an increase in the housing fund. He asked to
    use $1 million from the economic downturn fund. He requested a status update on the
    redevelopment and housing work session.
    COUNCIL RESPONSE
    Ms. Szakos said she encouraged Mr. Collins to attend the budget sessions, where
    his questions will come up and can be addressed. Mr. Norris said once a new Executive
    Director is in place at the Housing Authority, we can meet with the residents and talk
    about next steps.
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Friday, January 20, 2012, AT 12:00 p.m. IN THE Basement Conference
    Room.
    THE PROPOSED AGENDA IS AS FOLLOWS:
    School Board Luncheon
    BY ORDER OF THE MAYOR BY Paige Barfield
    SECOND FLOOR CONFERENCE ROOM – January 20, 2012
    Council met in special session on this date with the following members present:
    Ms. Galvin, Ms. Smith, Mr. Norris, Ms. Szakos.
    Ms. Rosa Atkins presented on the Governor’s budget and the impact it will have
    on the school’s budget. Mr. Ed Gillespie presented a powerpoint presentation. Since
    2009, the schools have lost $3 million in state funding. Enrollment has increased by 14
    students. Resulting cuts in services have included increased class sizes, elimination of
    instructional assistants, and reduction in administrative and other support roles.
    Going forward, the total negative impact for the governor’s proposed budget for
    2012-2013 is just over $4 million. Council and School Board members reviewed specific
    budget cuts that could occur.
    Ms. Rosa Atkins reviewed recommendations for budget reductions, including
    closing an elementary school, reducing assistant principals at the schools, reducing
    programs, reducing employee benefits, and administration and division-wide support
    services.
    Council and School Board members discussed enrollment numbers over time,
    attempts to increase enrollment, and factors that impact enrollment. Ms. Atkins reviewed
    factors that increase attractiveness of City schools to families, as well as marketing and
    outreach plans.
    Ms. Smith said a factor in losing parents from City schools is lack of
    acknowledgment that some schools are high poverty schools. Ms. Galvin said one of the
    reasons Johnson Elementary is doing so well is because of housing policies from a
    decade ago that increased income variety in the neighborhood. We need to be sure we
    have diverse, economically stable neighborhoods for our schools to succeed. School
    board members responded that they are well aware of the problem. There are several
    school board members lobbying on behalf of those students and are working to ensure
    that everyone has equal access.
    2
    Mr. Jones said the City cannot provide a figure for what we can give to help
    before we have our budget discussions. We are also facing a $1 million deficit. It will
    take leadership to figure out how to close the gap for both entities. Mr. Norris asked for a
    chart showing the cost savings for an incremental increase in class size. Ms. Atkins said
    if we increase class size grades five through eight by one, we could save about two
    positions, or $114,000. At the elementary school level, we cannot increase class sizes.
    At the high school, there is a literacy requirement for the size of classes, so that is an
    barrier.
    Council and School Board members discussed opening dialogue with the County
    to address budget issues and reviewed historical attempts to do so. Ms. Galvin said it is
    important to try to collaborate again, especially now that both entities are facing a budget
    deficit.
    Ms. Atkins said the coming weeks will be very difficult as we seek to make cuts
    that will balance the budget. Big ticket items will be on the table. She asked Council for
    direction as soon as possible. Ms. Szakos said Council members should attend some of
    the school’s budget meetings to hear feedback from parents.
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Friday, February 3, 2012, AT 9:00 a.m. AT THE Wintergreen Lodge, Route
    664, Wintergreen, Virginia.
    THE PROPOSED AGENDA IS AS FOLLOWS:
    City Council Retreat
    BY ORDER OF THE MAYOR BY Paige Barfield
    WINTERGREEN LODGE – February 3, 2012
    Council met in special session on this date with the following members present:
    Ms. Galvin, Ms. Smith, Mr. Norris, Ms. Szakos, Mr. Huja. City staff members Maurice
    Jones, Aubrey Watts, Leslie Beauregard, Ric Barrick, and Paige Barfield were also
    present. The session was facilitated by Becky Clay Christensen.
    Ms. Christensen opened the meeting with a review of goals and expectations for
    the day. Council agreed to review their priorities, work as a team, understand and hear
    each other, build relationships, and provide direction regarding the budget gap for the
    City and for schools.
    Council reviewed the Vision Statement and provided feedback on wins,
    challenges, and changes for each vision statement item. Council discussed their priorities
    and decided to work to narrow the list to four or five items for specific focus over the
    next two years. Council identified the following priorities as their focus points:
     Reduce poverty by increasing sustainable employment among less skilled and
    educated residents
     Provide comprehensive support system for children
     Build interconnected network of multi-modal transportation, including bikeways,
    trails, transit system
     Develop City Market District Downtown
     Redevelop City corridors
     Cultivate healthy streams and rivers through effective stormwater management
    practices
    Lastly, Council discussed how they would prefer to interact and work together
    going forward and gave staff direction on editing the Council Vision and Council
    Priorities documents. Staff will report back to Council with a draft of edits for their
    review.
  • 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 6, 2012, 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 6, 2012
    Council met in special session on this date with the following members present:
    Ms. Galvin, Ms. Smith, Mr. Huja, Mr. Norris, Ms. Szakos.
    On motion by Ms. Szakos, seconded by Mr. Norris, Council voted (Ayes: Ms.
    Galvin, Ms. Smith, Mr. Huja, Mr. Norris, Ms. Szakos; Noes: None) to meet in closed
    session for (1) Discussion and consideration of appointments to City boards and
    commissions, as authorized by Virginia Code sec. 2.2-3711 (A) (1); and (2) consideration
    of the acquisition of real property (a) on Hydraulic Road and U.S. Route 29 North, and
    (b) on Old Lynchburg Road, in both cases for use as public street right-of-way, 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. Norris, Council certified by the
    following vote (Ayes: Ms. Galvin, Ms. Smith, 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 – February 6, 2012
    Council met in regular session on this date with the following members present:
    Ms. Galvin, Ms. Smith, Mr. Huja, Mr. Norris, and Ms. Szakos.
    ANNOUNCEMENTS
    Ms. Szakos announced that school report cards came out this past week for City
    schools. She announced the Healthy Birth, Healthy Baby Expo on March 3 at the
    Herman Key Center. Ms. Kate White thanked Council for their support.
    2
    Ms. Smith announced February 21 from 5:30 – 7:30 at the Commonwealth
    Skybar is Diversity 2012: Marketing to Latinos, hosted by the Chamber of Commerce.
    The price is $20, with proceeds going to charity. Also, the Fry Springs Neighborhood
    Association is hosting a Gang Awareness workshop on February 22 from 6:00 -8:00 pm.
    The Charlottesville Community Scholarship Program is offering scholarships to high
    school seniors and adults to pursue post-high school education. Applications are due
    March 1st. Go to www.cvillescholarship.com for more information.
    Mr. Norris said the Thomas Jefferson Soil and Water Conservation District has
    received funding to help homeowners for septic system repair and hook-ups. Call 974-
    0225 for more information.
    MATTERS BY THE PUBLIC
    Mr. John Gaines, 214 9th St NW, said he was raised in Charlottesville during
    segregation. He compared the poll tax his mother used to pay to the recent legislation
    passed by the House of Delegates requiring identification to vote. This would adversely
    affect African Americans and low-income citizens. Please pass a resolution opposing the
    measure. He urged Council to support the Human Rights Commission and said it should
    have investigative power.
    Ms. Naomi Roberts, 1140 St. Clair Ave. Ext., said the left turn from Michie Drive
    onto East Hydraulic should not be an option. She asked Council not to fund additional
    staff or departments. She does not support the Peace Resolution.
    Mr. Paul Long, 1410 Grady Ave., said we need an expanded public transportation
    system in Charlottesville, operating on Sundays and legal holidays. Expand routes and
    introduce new routes. Congestion is a problem in the Charlottesville/Albemarle area, and
    expanding public transportation makes common sense.
    Mr. Joe Szakos, 1132 Otter St., Exec. Dir. at Virginia Organizing, encouraged
    Council to approve a human rights commission in Charlottesville. The most effective
    way to deal with discrimination is to form local policies. There is no doubt that
    discrimination exists in Charlottesville, and having a central location for complaints
    allows us to see how often these problems exist.
    Ms. Gloria Rockhold, 1417 Lester Dr., commended Council and especially Mr.
    Jones for handling the proposal for the human rights commission. This is the next logical
    step for the labor of the Dialogue on Race. She asked those present who support the
    commission to stand.
    Mr. William Page, 1401 Wellford St., said he is concerned about pre-judgment
    over the decision-making process on the East Side of McIntire Park. Carefully weigh the
    financial impact and the worthiness of the programs before making a decision. There is
    room for two projects in the park.
    3
    Ms. Pam Fisher, 1604 Trailridge Rd., requested that Council consider a traffic
    light at the intersection of Michie and Hydraulic.
    Ms. Martha Maltais, 1680 Sourwood Pl., Sr. Director of Adult Development
    Services at Region 10, works at a facility near Michie Drive. The intersection at
    Hydraulic and Michie is a nightmare, especially for vans and school buses. Please
    consider a stoplight for this intersection.
    Mr. Huja called on Mr. John Heyden, but he was not present to speak.
    Mr. David Petit, 530 E. Main St., a local attorney, said the City Manager’s
    recommendation to establish a taskforce to study the prudence of establishing a
    commission is wise. We have substantial means available to enforce existing state laws
    against discrimination. With legal authority, the commission would have as much ability
    to do injustice as justice and could potentially do more harm than good. Please proceed
    cautiously.
    Mr. Bob Gross, 1301 Courtyard Dr., and Ms. Gertrude Ivory, with the Dialogue
    on Race, outlined several of the initiatives by the steering committees and action teams.
    Careful consideration of the formation of a commission is imperative to its success. They
    endorsed the City Manager’s proposal to do a careful study of our regional condition.
    Ms. Abigail Turner, Legal Aid, 1000 Preston Ave., said she supported the
    commission and offered legal support. Please enact an ordinance now instead of waiting
    and studying it further. We need a permanent entity in Charlottesville that can address
    issues of discrimination, particularly in employment. Private lawyers cannot
    economically handle most of the smaller cases.
    Dr. Meredith Richards, Cville Rail Chairman, asked for Council’s support for
    funding the regional train. She shared ridership numbers with Council and said the
    revenue per passenger is going to decrease as the train enters its third year. She gave
    Council a letter of support to sign.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Mr. Norris said we should take up the request of Mr. Gaines under Other
    Business.
    Ms. Smith agreed. She also told Mr. Long that restructuring the transit system
    was high on the priorities list at the Council retreat on Friday.
    Ms. Szakos agreed with Mr. Long that we need better service. We did get Sunday
    service on holidays, and we are continuing to work on improvements.

    4
    Ms. Galvin said she agreed with the other Councilors.
    Mr. Huja said he supported Dr. Richards’ letter and agreed with Mr. Long’s
    comments about transit.
    On motion by Mr. Norris, seconded by Ms. Smith, the following appointments
    were made to boards and commissions: David Simmons to CAP, and Tara Boyd to the
    Thomas Jefferson Water Resources Protection Foundation. (Ayes: Mr. Norris, Ms. Smith,
    Mr. Huja, Ms. Szakos, Ms. Galvin; Noes: None.)
    CONSENT AGENDA
    Ms. Smith requested the minutes from January 17th be approved at the next
    meeting. Ms. Galvin requested item j regarding Project Gaitway be removed for
    discussion.
    On motion by Ms. Galvin, seconded by Ms. Szakos, the following consent agenda
    items were approved: (Ayes: Ms. Galvin, Ms. Smith, Mr. Huja, Mr. Norris, Ms. Szakos;
    Noes: None.)
    a. Minutes of January 20
    b. APPROPRIATION: Multiforce Systems Corporation Reimbursement - $13,000
    (2nd reading)
    c. APPROPRIATION: FY2012 Friendship Court Sponsorship Agreement (3rd
    Quarter) - $22,130.50 (2nd reading)
    d. APPROPRIATION: Charlottesville Police Department Foundation Donation -
    $4,232.37 (carried)
    e. APPROPRIATION: Charlottesville/Albemarle TRIAD Program Funds - $406
    f. RESOLUTION: Whale Tail Sculpture Lease
    g. RESOLUTION: Oakhurst Inn & Apartments SUP for Increased Density
    h. RESOLUTION: Initiate Review of Zoning/Subdivision Waivers
    i. RESOLUTION: Reprogramming of CDBG and CHF Funds
    j. RESOLUTION: Project Gait-Way: The Belmont Bridge Design Competition
    - $2,000
    k. ORDINANCE Closing of Temporary Turnaround Area in Davis Field near
    Marshall Court (2nd reading)
    REPORT: MICHIE DRIVE TRAFFIC OPTIONS
    Ms. Alexander presented to Council. There are nine specific criteria regarding the
    implementation of a traffic signal, and none of the criteria are met at this intersection.
    She explained the negative effects of installing a light that is not warranted based on
    federal standards.
    5
    She reviewed solutions for improvement at the intersection, including road
    markings, flashing beacons, and median modifications. Other options that would require
    an additional funding source are flashing light signals, improvements on 250 and
    Hydraulic, or rerouting traffic at Rugby Road.
    Ms. Szakos asked if we could install a signal that only operates during certain
    hours. Ms. Alexander said driver expectancy makes this option potentially confusing.
    Ms. Smith asked about eliminating the yield coming off 250 onto Hydraulic, and
    simply turning at the light instead of having the yield lane. Ms. Alexander said you lose
    too much capacity to make that a viable option. Ms. Smith asked what would happen if
    changes were made to Rugby Road. Ms. Alexander said restricting access at Rugby
    Road frees up green time at the signal to allow for more flow. This option would require
    a lot of public input.
    Ms. Galvin asked where the money would come from for the items that were not
    budgeted. Mr. Jones said it would be part of the CIP process. Ms. Szakos asked if the
    Dunlora neighborhood light was temporary. Ms. Alexander said it was. Ms. Szakos
    asked if you could create a longer right turn lane off 250 and eliminate the yield. Ms.
    Alexander said it could be considered, but cost and the distance to the bridge was a
    limiting factor.
    Mr. Norris asked about a signal that was demand-actuated at the intersection and
    whether this was included in the study. Ms. Alexander said there is an assumption that a
    new signal will work as well as possible. Even if demand-actuated, the delay created is
    still too great. Ms. Alexander explained the process of studying potential connector
    roads. Topography and location of the road given existing buildings are restricting
    factors. Mr. Norris asked about extending the Hearthwood parking area. Ms. Alexander
    said there are opportunities as things may redevelop, but staff has looked at this as a nearterm
    operational traffic solution.
    Ms. Galvin asked about looking into the Hillsdale Drive design area and said this
    is the time to make sure the design makes sense and implementing long-term fixes to
    traffic problems surrounding this area. Ms. Alexander said that was beyond the limits
    staff had put on themselves at this point, but they will look into options going forward.
    Ms. Smith said it makes sense to proceed with the easy solutions for now. Council
    agreed. Ms. Alexander said staff will start with pavement markings, and go from there.
    REPORT: COMMISSION ON HUMAN RIGHTS, DIVERSITY AND RACE
    RELATIONS
    Mr. Jones outlined the work of the Dialogue on Race Steering Committee to
    develop an initiative to address race relations in our community. The recommendation of
    staff is that a task force should be established to research the viability of the commission.
    6
    Ms. Smith said starting off too quickly may result in failure and could be
    damaging. She has also heard concerns that the Dialogue on Race would not have
    capacity for both projects.
    Ms. Szakos said a process is important. Participants must become involved so that
    there is consensus. The taskforce is a good idea, but it should not take a year.
    Ms. Galvin agreed that process is important. There are several potentially
    problematic questions that need to be properly researched before we form this
    commission. Mr. Jones’ solution seems thorough and fair. Focusing on racism as the sole
    reason for unemployment may hinder us from working on other real obstacles of
    employment.
    Mr. Norris said he does not agree with the recommendation to delay the creation
    of the commission. Moving ahead now would be good. The advocates for this proposal
    have made an error in focusing almost exclusively on enforcement and investigation of
    discrimination. He listed several issues that exist in our community and said this
    commission could have a significant impact on these things. A single-minded focus has
    missed the mark.
    Ms. Szakos said it seems a lot of the issues Mr. Norris listed are covered by the
    Dialogue on Race.
    Mr. Huja said if you appoint a commission just to say you have done it, it will not
    be as effective as it could be. He agreed that he would like to see a shorter time frame,
    not one year. Ms. Smith said it still does not seem clear what we are asking the
    commission to do. Mr. Norris said we should establish the commission to help with some
    immediate issues, and then use the process to figure out how the commission will
    function.
    Ms. Szakos said we should appoint an eleven member commission task force
    made up of residents in the community, and within six months get a report from them
    about the viability of a permanent commission. Then we should create a commission
    with an ordinance, and phase in the process of their enforcement.
    Mr. Huja said we should reduce the time frame but refrain from prejudging what
    the recommendation may be. Ms. Galvin said she agreed with Mr. Huja.
    Mr. Jones said he chose twelve months because that would give us a good
    understanding of the issues from start to finish, with time to establish referral points and
    tracking. We could probably gain this knowledge within ten months.
    On motion by Ms. Galvin, seconded by Ms. Szakos, Council voted to accept Mr.
    Jones’ proposal with a ten month process instead of twelve months, and requested a five
    7
    month interim report. (Ayes: Ms. Galvin, Ms. Szakos, Mr. Huja, Ms. Smith; Noes: Mr.
    Norris.)
    REPORT: SRO UPDATE
    Mr. Tolbert reported to Council on the SRO update and introduced Allison
    Bogdanovich and her team. Ms. Bogdanovich presented a power point to Council, along
    with Stephanie Johnson and Erin Briggs, updating them on construction progress and
    leasing. She reviewed the project timeline. Virginia Supportive Housing has a 90%
    success rate for clients. She reviewed The Crossings project. Information is available at
    www.virginiasupportivehousing.org. The total project cost was $8.2 million, coming
    from several different sources, including the City’s support in acquiring the site. Ms.
    Bogdanovich thanked the development team and their supporters, and said they are
    continuing to fundraise for this project.
    Ms. Galvin asked if there are term limits for residents. Ms. Bogdanovich said they
    do not, but most residents stay an average of four years. Ms. Szakos asked about what a
    volunteer may be able to do. Ms. Bogdanovich said helping with classes, assistance with
    budgeting, and other activities that do not include resident contact, such as event planners
    are all among the possible volunteer activities. Ms. Smith asked about heating. Ms.
    Bogdanovich said heating is run on a mini-split system, and utilities are included in the
    rent.
    Mr. Norris asked where people are going after they move out. Ms. Bogdanovich
    said 90% of residents are not returning to the streets. Most residents move into
    apartments or are reunited with families, and a few even buy their own homes.
    Mr. Huja said he is pleased at the services the program provides in addition to a
    home.
    REPORT: RENEWABLE ENERGY REVOLVING LOAN FUND PROPOSAL
    Ms. Mueller presented to staff on the loan proposal.
    Mr. Huja asked how interest rates were involved in the process. It was clarified
    that this was for existing buildings, not new buildings. He said this ought to be a simple
    program and should not be made so complicated that it is difficult to qualify. He asked if
    there would be a limit to the amount of the loan that can go with any one building. Ms.
    Szakos said the loan amount should be proportional to the number of employees. Ms.
    Galvin agreed.
    Mr. Norris said the original intention was that this would be a grant to LEAP.
    Ms. Mueller said LEAP has asked us to give them Council feedback. Mr. Norris said we
    are looking to do this quickly so local businesses can take advantage of state dollars that
    8
    are scheduled to expire. Mr. Norris said we could use these funds as leverage to
    encourage property owners to become energy efficient. Mr. Huja said it should be for
    commercial property owners only. Ms. Smith said we should get a report on what the
    savings are. Ms. Szakos said she would like to see it ongoing, especially if there is low
    interest. Ultimately it is not money we are spending; it is money we are investing. Ms.
    Galvin said we are generating energy that we could then sell. Mr. Huja confirmed with
    Mr. Jones that staff had sufficient guidance to move forward.
    REPORT: MCINTIRE PARK EAST SIDE MASTER PLAN UPDATE
    Mr. Daly presented on the status of master planning efforts for the east side of
    McIntire Park. In response to a previous concern voiced during Matters by the Public,
    Ms. Galvin clarified that she was not imposing a bias at the meeting, but she was
    concerned all options were not on the table.
    Mr. Norris asked about the logical implications of option four, which would not
    have a golf presence in McIntire Park. He asked what it would take to enhance the golf
    program elsewhere, particularly the First Tee program. Mr. Jones said there would be a
    cost associated, and Mr. Daly can research the answers. Ms. Szakos said First Tee is
    running at a deficit. Ms. Smith said we should know the financial impact of these options.
    Mr. Huja said he likes the botanical garden but is concerned about funding and who it the
    gardens would serve. Ms. Galvin asked for information on users. Ms. Smith said we may
    need a discussion on each possible component of the park. Not all uses may be
    appropriate. Mr. Huja thanked Mr. Daly for the presentation and said we may have
    further discussion in the future. Ms. Szakos thanked Mr. Daly for a good process.
    OTHER BUSINESS – PROJET GAITWAY: BELMONT BRIDGE DESIGN
    COMPETITION
    Ms. Galvin said the UVA School of Architecture is doing a design competition,
    and we may also have access to a grant. She questioned whether we should pay for a
    competition with so many free ideas coming in from the University. Mr. Huja asked Mr.
    Brian Wimer to defend his request in light of the UVA project. Mr. Wimer said the
    University’s display on Saturday is mostly within the University. The Project Gaitway
    competition will be displayed at City Space, and there will be public choice and jury
    choice selections. Ms. Galvin said she was pleased her fellow Councilors supported the
    venture. On motion by Ms. Szakos, seconded by Ms. Smith, the motion passed
    unanimously. (Ayes: Ms. Galvin, Ms. Smith, Ms. Szakos, Mr. Huja, Mr. Norris; Noes:
    None.)
    9
    OTHER BUSINESS – TRAIN
    On motion by Mr. Norris, seconded by Ms. Szakos, Council voted to sign the letter Dr.
    Richards presented regarding the train. (Ayes: Ms. Galvin, Ms. Smith, Ms. Szakos, Mr.
    Huja, Mr. Norris; Noes: None.)
    OTHER BUSINESS – OPPOSITION TO VOTER IDENTIFICATION
    On motion by Mr. Norris, seconded by Ms. Galvin, Council voted to write a letter
    in opposition of the proposed voter poll tax, not only for low income residents, but also
    for the elderly. (Ayes: Ms. Galvin, Ms. Smith, Ms. Szakos, Mr. Huja, Mr. Norris; Noes:
    None.)
    MATTERS BY THE PUBLIC
    Mr. Peter McIntosh, 624 Davis Ave., appearing on behalf of the McIntire
    Botanical Gardens, read portions of a letter he wrote to Mr. Daly. Park use should be free
    to the public. The City should increase access. Save the tree canopy, and renew it when
    they are at the end of their useful life. The initial development should be relatively
    modest; a park experience is not consistent with golf.
    Mr. Jeffery Fogel, 215 Spruce St., said we do not need to study on things the
    human rights commission will address; they are present in our City, and we need to act
    on them. This problem demands an immediate and forceful response to institutionalized
    problems with racism.
    Ms. Gloria Rockhold, 1417 Lester, said it seems we are going around in a circle
    just so Council can say they studied the issue. Discrimination is alive. We should move
    quickly to remedy discrimination.
    Ms. Nancy Carpenter, 727 Denali Way, thanked Council for upholding the peace
    initiatives. She also thanked them for giving voice to people who might lose their right to
    vote.
    Mr. Peter Kleeman, 407 Hedge St., said he is interested in land uses in the east
    side of McIntire Park and developing it in a manner that would create a space usable by
    many people in the community. Preservation has not been mentioned. Currently the
    entire east side is a national registered historic property because of the uniqueness of the
    golf course.
    Ms. Naomi Roberts, 1140 St. Clair Ave. Ext, asked if the police department could
    monitor the situation at Michie Drive until solutions are implemented. She said in regard
    to a request that certain internal investigation results be made available, Chief Longo
    10
    does a superb job and has made his results available to the complainant, which is all that
    is necessary.
    Ms. Sally Brown, 110 Shamrock Rd., said regarding the use of McIntire Park, this
    is the largest green space that we still have in the City, and it has already been somewhat
    carved up by the Bypass. Please use this space as a botanical garden. She explained the
    history of a bird sanctuary that existed in the thirties and requested Council keep this
    piece of land intact.
    COUNCIL RESPONSE
    Ms. Galvin said staff has received updates on the cost implications of changing
    the construction schedule of the Ragged Mountain Dam. Staff is reaching out to begin
    discussions on having foresters present to mitigate impact on forest life. Also, the value
    of the lumber is reflected in the lowest bid. Ms. Smith said that the City has not been
    compensated according to the resolution, and the bid actually includes a cost for clearing
    the land. We are being charged for clearing the land with no compensation to the City for
    the lumber.
  • Charlottesville City Council Meeting

    COUNCIL CHAMBERS – February 21, 2012
    Council met in regular session on this date with the following members present:
    Ms. Galvin, Ms. Smith, Mr. Huja, Mr. Norris, and Ms. Szakos.
    ANNOUNCEMENTS
    Ms. Smith read a proclamation in honor of African American History Month.
    Ms. Szakos announced The Big Read kick-off, featuring the novel Bless Me,
    Ultima, on Saturday, February 25th at 2:00 p.m. at the Free Speech Wall on the
    Downtown Mall. She read a proclamation for the event. The Jefferson School Cultural
    Center is having an exhibit Wednesday, February 29th at First Baptist Church, Main
    Street, at 6:00 p.m.
    Mr. Norris encouraged residents to apply for open boards and commissions.
    Please apply online at www.charlottesville.org, or contact the Clerk for an application.
    The deadline is March 15th
    .
    Ms. Galvin announced a scholarship is available through the Brown v. Board of
    Education scholarship committee, established for individuals enrolled between 1954-
    1964 in public schools in Virginia. For more information and the application, go to
    dls.state.va.us/brown.htm.
    Mr. Jones said dates for upcoming budget meetings and work sessions are
    available on the City website.
    Mr. Huja said he attended a celebration for Carl “Chubby” Proffitt and presented
    him a proclamation declaring February 20th, 2012, as Chubby Proffitt Day.
    Mr. Steven Meeks and Mr. Mark Beliles updated Council and citizens on
    upcoming Celebrate 250! events and exhibits. Signature events include the Festival of
    History, a Big Birthday Bash, and a gala.
    Mr. Tolbert announced the Planning Awards for 2012, given by the Planning
    Commission to recognize quality development in the community. For Outstanding
    Neighborhood Effort: Woolen Mills. For Outstanding Plan of Development: Burnett
    Commons II: “The Woods”. For Citizen Planner of the Year: Neil Williamson. The
    Herman Key Jr., Access to the Disabled Award: the Building Goodness Foundation. The
    Eldon Fields Wood Design Professional of the Year: Fred Wolf. The Neighborhood of
    the Year: Venable Neighborhood. Outstanding Sustainable Development: Latitude 38.
    NDS Staff Member of the Year: Missy Creasy, Planning Manager.
    2
    MATTERS BY THE PUBLIC
    Mr. Giuseppe Finazzo, owner of Sal’s Pizza, said his patio space has been
    reduced year after year. He said he should get the space that was given to him a long
    time ago since he has been on the Downtown Mall the longest. He said he has been
    discriminated against.
    Dr. Pritam S. Chowdhry, Greenbriar, said laws do not change people. He said
    there are more than two races in this town.
    Ms. Laura Donahue, VA State Director for the Humane Society of the US,
    encouraged Council to implement humane and non-lethal strategies with any deer
    management plan. She said education and awareness should be tools to remedy car
    collisions. There are options for controlling ticks, not deer. Garden landscaping
    techniques can be deployed to discourage deer from causing damage. She said staff
    biologists would be delighted to work with the City.
    Mr. Jordan McNeish, 1800 Jefferson Park Ave., said war resolutions passed by
    City Council should include the war on drugs. The war on drugs has been particularly
    tough on minorities.
    Ms. Stacey Norris, employed in the City, asked Council to fully understand what
    the deer situation is in the City and employ non-lethal solutions if they are necessary.
    Mr. Brian Wimer, 704 Belmont Ave., thanked Council for their support for the
    Belmont Bridge project. The public chose a design that did away with the bridge all
    together. The bridge is here because of trains. The trains carry coal, which is
    disappearing. The design addressed urban issues that are important. He asked Council to
    consider a grant application.
    Ms. Julia Williams, 751 Belmont Ave., thanked staff and Council on their work
    on infrastructure projects, including the Belmont Bridge project. She said she supports a
    proposal to seek an Our Town grant. We cannot lose this information; it is too valuable.
    Mr. Galen Staengl, 129 Goodman St., echoed thanks for Council’s support for the
    Belmont Bridge design competition, which has generated a lot of ideas and discussions.
    He encouraged Council to submit for the grant for more funding and bring that juncture
    in the City alive.
    Ms. Melinda Baumann, 947 Locust Ln., in Locust Grove neighborhood, said her
    home backs up to Penn Park. She enjoys deer in her yard and is horrified that Council is
    considering lethal solutions. We should all coexist with the deer.
    Mr. Kyle Benson, 1408 Holly Rd., said he is speaking on behalf of the Citizens of
    Charlottesville for the Decriminalization of Marijuana. It is far less harmful than alcohol
    3
    and costs the state millions of dollars for prosecution and incarceration enforcing
    prohibition. He passed signatures to the mayor supporting a referendum on the issue.
    Mr. Jim Rounseueu, 1113 Monticello Rd., said he has been involved in numerous
    meetings regarding the Belmont Bridge competition and is here to support pursuing the
    grant. There is little risk to the City, and it is imperative that we do this correctly.
    Proceeding with the contract the City has for the bridge is pulling the trigger too quickly.
    A study will leave a better lasting legacy.
    Mr. Brevy Cannon, 710 Ridge St., said taking design competition ideas to the
    next step of fleshed out designs that can be implemented is the real gap. He asked
    Council to support the grant application. The deadline is March 1st, and this is an annual
    grant. There is no downside.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Ms. Szakos asked staff to advise Council as to what is possible for Mr. Finazzo’s
    request. She said to Dr. Chowdhry, the Human Rights Commission is intended to
    address many types of discrimination, not just one race. She said to Ms. Donahue,
    Council has discovered that it is actually illegal in Virginia for cities to use non-lethal
    contraceptives. She asked if the humane society could tackle that issue state-wide. She
    said she has some sympathy for the issue of decriminalizing marijuana, and agrees that
    the health issues are not as severe. The same Dillon rule that keeps the City from using
    birth control on deer will keep us from adopting a local ordinance on marijuana, but she
    wants to research the possibilities. She requested adding the bridge discussion to Other
    Business.
    Ms. Galvin thanked everyone for speaking and seconded Ms. Szakos’ request
    regarding Mr. Finazzo. She also thanked Dr. Chowdhry for his comments. She said the
    first step for the war on drugs is to reconsider the severity of sentencing. It is not
    necessary now, and it has backfired. It is more of an addiction problem and should be
    treated as such. She said she is interested in examining what we as a locality can do to
    support state level initiatives to revisit our sentencing. She was excited by how many
    people have emerged in support of urban design in the bridge project. There is a lot going
    on at the same time, between a school competition, a public competition, and now a
    grant. Council should tease this out in more detail for the public later on. We are as a
    City very committed to that gateway and the area near several of our public housing sites,
    which are in walking distance.
    Ms. Smith said she would like to know our options for the decriminalization of
    marijuana, which is a vitally important issue, given how much it is destroying lives by
    sending people to jail. She said she would like to know more about the Belmont Bridge
    grant and agreed that it should be discussed further during Other Business. She thanked
    members of the community who have supported the process.
    4
    Mr. Norris said you have to do a cost benefit analysis for each drug as policy
    makers. It is not black and white. He said he has yet to see a compelling argument for
    how the risks of making marijuana legal outweigh any potential negative impacts of
    marijuana. A plurality of the American people agrees that it should be legalized. The
    City does not have the authority to decriminalize marijuana, but that does not stop us
    from at least taking a public stand as to what we would like the state to do. He said he
    agreed with Ms. Galvin that it is an addiction issue, and we should support local drug
    entities.
    Mr. Huja said education for deer management issues is good. He is also
    interested in design aspects of the bridge, and Council will discuss it further during Other
    Business.
    CONSENT AGENDA
    Ms. Szakos asked Mr. Tolbert for clarification on the Nunley Street townhouses.
    Two houses on the end were originally intended to be transitional housing, and now they
    are not. She asked if there was a plan for making transitional housing available if and
    when needed. Mr. Tolbert said we have several other projects where there is the
    opportunity to do the same thing.
    Ms. Szakos said she wanted to be sure there was a chance for public input for the
    CDBG process. Mr. Tolbert said it was advertised for a public hearing, and there has
    been involvement by the public, especially those who live near the project.
    Ms. Galvin said she supported the proposal the Housing Committee made as part
    of the comprehensive plan update regarding Community Housing Partners, which
    stressed the importance of not concentrating poverty. She asked if this was examined
    comprehensively when Blue Ridge Commons was in the process of undergoing major
    revitalization. Mr. Tolbert said it was. The development was entirely affordable housing,
    which needs to remain that way because of restrictions, but there are conversations about
    opportunities for surrounding properties. Mr. Norris noted that the new funding stream
    will allow for a greater mix of incomes than is currently in place at Blue Ridge
    Commons.
    On motion by Ms. Smith, seconded by Ms. Szakos, the following consent agenda
    items were approved: (Ayes: Ms. Galvin, Ms. Smith, Mr. Huja, Mr. Norris, Ms. Szakos;
    Noes: None.)
    a. Minutes of Jan 17,
    Feb 3 and Feb 6
    b. APPROPRIATION: Charlottesville Police Department Foundation Donation - $4,232.37
    (2nd reading)
    c. APPROPRIATION: Amendments to FY 2012 City Schools Budget - $122,950 (carried)
    d. RESOLUTION: Energy Efficiency and Renewables Loan Program Grant - $500,000
    5
    e. RESOLUTION: McIntire Bldg. Exterior Renovation Project –Transfer of $100,000
    f. RESOLUTION: Allocation of Cville Housing Funds for TJ Community Land Trust -
    $5,700
    g. RESOLUTION: Acceptance of Coleman Court
    h. RESOLUTION: CDBG Annual Action Plan Amendment
    i. RESOLUTION: Housing Advisory Committee Membership
    j. RESOLUTION: Nunley Street Townhouses
    k. RESOLUTION: Support of Community Housing Partners – Low Income Housing
    Tax Credit Application
    l. RESOLUTION: Funding Support for Charlottesville Honor Ride - $480
    PUBLIC HEARING / ORDINANCE: CONVEYANCE OF RIGHT OF WAY AT
    CHURCH STREET (carried)
    Mr. Brown presented to Council. This is a request by the owners of 710 Belmont
    Avenue, which came from a recent discovery that a free standing garage at the edge of
    their property actually extends into the right of way. The request has been reviewed by
    the appropriate City departments. It is up to Council’s discretion whether to charge for
    the property, which was estimated to be valued at $2,000.
    The public hearing was opened. Having no speakers, the public hearing was
    closed.
    Ms. Szakos asked how this home was sold with the encroachment. Mr. Huja said
    this is not an uncommon problem. Mr. Brown said some garages and sheds in older
    neighborhoods were built without exact attention to property lines.
    Mr. Tommy Brannock, the realtor for the property, said the current owners did not
    build the shed.
    Ms. Smith said Council should work to apply even treatment to issues of this
    nature.
    Mr. Huja reminded Council that they may ask for compensation for the assessed
    value. Mr. Norris asked about title insurance. Mr. Brown said the purchasers were
    unable to obtain title insurance. He also said there has not been a consistent approach to
    this sort of issue by past Councils.
    Mr. Huja said he was in favor of charging fair market value for the conveyance.
    Ms. Szakos clarified that the value of the property will not change with the addition. Mr.
    Norris and Ms. Szakos said they were in favor of giving the land without charge. Ms.
    Smith said this opens Council up to making greater decisions of this kind later on. It
    makes sense for the owners to compensate the City.
    6
    On motion by Ms. Smith, seconded by Ms. Galvin, the ordinance carried, with the
    addition of a $2,000 charge for the land.
    Ms. Galvin asked staff to examine a policy for making this more consistent over
    time.
    REPORT: DEER MANAGEMENT PROGRAM
    Mr. Tolbert presented to Council on a potential deer management program.
    Vehicle collisions, Lyme disease, landscape and garden damage, declining deer herd
    health due to overpopulation, and public safety are among potential issues that stem from
    deer overpopulation. Some options include landscape management, trapping and
    euthanasia, bow hunting, sharpshooting, and contraception, all of which come with
    issues. Mr. Tolbert summarized the various ways in which surrounding areas have
    addressed deer overpopulation, with varying success. If Council believes there is a
    problem and wants to consider action, staff recommends scheduling a work session for a
    more in-depth discussion and a public hearing, then staff would assemble an action plan.
    Above all else, Council should look at developing an education program. Mr. Jones said
    Council should also have community meetings about the issue in addition to the public
    hearing.
    Ms. Smith thanked citizens for contacting Council about this issue. We have
    received a lot of good information. It is extremely difficult to effectively reduce a deer
    population. We do not have the data to determine whether we really have a problem. We
    should not manage with any lethal methods, but with education. She brought the “Have A
    Heart Spray Away Water Repellent Sprinkler”, which has a detector and will spray water
    when deer or other animals pass by it. She said she is opposed to any physical reduction
    of our deer population.
    Mr. Norris agreed with much of what Ms. Smith said, as well as her conclusions.
    We should devise proactive, nonlethal ways of addressing the issue in neighborhoods that
    are affected by it.
    Ms. Galvin said one particular email from Mr. Gallagher who has worked with
    the Wildlife Management Committee at Lake Monticello gave some good guidelines
    based on research from Cornell. She agreed with using education and a City wide survey
    to identify neighborhoods where this is a key problem. We should act though, because a
    delay may cause more problems.
    Ms. Szakos said she read about a new method of sterilizing the bucks and
    returning them to the community, which does not have the rebound effect some
    population control methods have. She said Council should prepare this for next year’s
    legislative session to see if we can make this available to us. Some intervention may be a
    good thing, because getting hit by a car is one of the least humane ways for deer to die.
    She asked if it is possible to get a deer count and supported conducting a survey of the
    7
    community based on neighborhoods. Public works and police should keep track of the
    deer they pick up and the deer that cause accidents. She said she is not supportive of
    shooting deer, but we need to know if this is an issue we need to respond to before we
    can devise a solution.
    Mr. Huja said he personally enjoys the deer. It is a serious issue to some people,
    but he does not believe there is a problem. He supported a survey to determine if there is
    a problem. He also supported education and said he was totally opposed to any lethal
    method.
    Ms. Smith said surveys of deer populations are very difficult to do accurately.
    Deer do not respect boundaries between City and County. Also, populations are
    seasonal. We should proceed carefully with what we promise.
    Ms. Galvin supported preparing this for next year’s legislative package. Mr.
    Norris said we should take the Humane Society up on their offer of services.
    REPORT: DIALOGUE ON RACE
    Ms. Gertrude Ivory, Co-Chair, and Ms. Elizabeth Breeden, Secretary, presented to
    Council. They summarized the Dialogue on Race’s recent activity, upcoming events and
    scheduled collaborations. Ms. Ivory reported that after examining the work that has been
    done since 2009, the Steering Committee requests that Council consider the following
    recommendations for the future of the Dialogue on Race: continue to endorse and support
    the work of the Dialogue on Race for the 2012-2013 fiscal year; support studying the
    creation of a commission to investigate and address discrimination issues in
    Charlottesville; and equally consider the Dialogue on Race while considering the creation
    of any permanent or institutionalized group that would be responsible for the well-being
    of the citizens of Charlottesville regarding racial equity and justice.
    Ms. Smith thanked the Dialogue on Race for their work. She asked if they are
    coordinating with the History Festival. Ms. Green said the Dialogue on Race is
    coordinating with Celebrate 250! on several events. Ms. Smith said Council may task the
    commission to develop a social impact assessment for how we are spending our money
    and how they affect others. The commission could be the eyes and ears for whether we
    are being just in our own local government.
    Mr. Norris said inequities and unequal treatment in the juvenile justice system is
    an issue he does not want to fall through the cracks. Ms. Green said this creates an
    opportunity for collaboration with other groups, although the commission does not have a
    specific action team for this issue. Mr. Jones said we have had discussions about this
    issue, and staff will have more information for Council within the next month.
    Ms. Szakos said the report added to concerns she has had. The work of the
    commission is critical to our community, but she is concerned that while it started off as a
    8
    way to generate talk and conversation in order to generate ideas and action teams,
    sometimes the solutions are outpacing the commission. The report itself is disjointed and
    casual, and the website is outdated. She wants to see the work of the commission
    continue, but not necessarily exactly the way it has been. The City deserves a
    professional organization, especially if we have to wait for the formation of a
    commission. We should demand a lot of the commission if we continue it. Some of the
    action teams are continuing despite lack of support. She said she wants more energy at
    City Hall for the Dialogue on Race.
    Ms. Galvin said she drew a chart that shows how comprehensive and complex the
    Dialogue on Race is as an organization, but she is not sure the commission can see the
    organization, and it might help to think in terms of an organizational tree. You can see
    that every workgroup has produced substantial work. You can see overlaps and where
    things can be reinforced or are no longer necessary. We should have a final report of
    what the commission has done for the last two to three years and propose that it be more
    accurate in its accounting with public monies and how much this has cost. Think ahead
    strategically and give Council some implementation strategies for the future so that when
    we conclude the Human Rights Commission study, we also have a document that gives
    us tangible results. She said it is commendable how much the commission followed the
    original document that described the study circles. She suggested there could be
    collaboration surrounding the TJPED study, marrying the goals of the Dialogue,
    Economic Development and Council priorities of eliminating poverty through gainful
    employment.
    Mr. Huja commended the Commission in trying to address some of the issues.
    New members on the steering committee will add new energy. He requested a
    reorganization of the steering committee and Dialogue on Race leadership so we can
    move forward. He said he supports the process and the action teams, but it needs to be
    better coordinated.
    REPORT: CHESAPEAKE BAY TMDL WATERSHED IMPLEMENTATION PLAN
    Ms. Riddervold presented Council with an update on the Chesapeake Bay Total
    Maximum Daily Load (TMDL). She outlined the process to date and the timeline for the
    second phase of the watershed implementation plan. There were serious concerns with
    proposed implementation scenarios. The state gave localities the opportunity to come up
    with their own scenario, but there are a lot of unknowns. If locally devised scenarios were
    not accepted, baseline requirements would be implemented. The submittal was
    responsive, conservative, demonstrated an understanding of the issues and involvement in
    the process, and conveyed a track record of proactive programs and policies. Staff hopes
    to provide flexibility moving forward without inappropriate financial or programmatic
    commitments. This was an incredible opportunity to enhance the data we have. Ms.
    Riddervold reviewed the internal evaluation assessment, including near and long-term
    goals.
    9
    Ms. Smith asked if nitrogen phosphorus sediment is being measured. Ms.
    Riddervold said it is, but not all measurements are comparable. Ms. Smith asked if the
    City gets credit for what has happened in the last three years. Ms. Riddervold said we do
    not know yet; inputs are currently being aggregated at the state level. Ms. Szakos asked
    if the City was being penalized for doing a lot of things before 2009, which was set as the
    baseline. Ms. Riddervold said we do not yet know. If we can accept there is a starting
    point, we can focus on what we can do to move forward from that starting point.
    Ms. Galvin said in order to obtain SUP permits to allow for increased density, an
    approved strategy must be implemented on site. She asked if implementation would
    result in the suburbanization of our city to achieve the storm management we want, since
    one site on one of our corridors is like a postage stamp. This clearly contradicts smart
    growth management. Ms. Riddervold said what we are being asked to put together is
    paralleling what is already happening on the state level in the stormwater management
    realm, so those regulations have been undergoing revision for the last two to three years,
    with some adjustments having been made for exactly this reason.
    Council thanked Ms. Riddervold and staff for the presentation.
    REPORT: SPCA UPDATE
    Ms. Susanne Kogut presented to Council. The SPCA provides pound services to
    the community on behalf of the City as required by Virginia state law, and also provides
    additional services to the community. Charlottesville is a leader in saving animals. Ms.
    Kogut overviewed the successful foster program for 2011, improved adoption rates since
    2004, successful spay neuter programs, improved medical care, and humane education.
    Mr. Norris said if there is anything Council can do to help with state legislation,
    let us know. Council thanked Ms. Kogut for her presentation.
    OTHER BUSINESS – SAL’S CAFÉ
    Mr. Tolbert reported that some cafes on the mall have more than the allowable
    maximum square footage of café space. Historically measurements have been inaccurate.
    He explained the history of café redistribution, and in 2011 Council voted to reestablish
    that 800 square feet is maximum allowable square footage for a café. Any group with
    over 800 square feet could maintain what they had, but if sold to another operator, the
    space would be reduced according to a formula. He explained the process for distribution
    of café space and recent fire lane changes.
    Ms. Galvin asked what kind of notice was given to business owners when fire
    lanes were widened. Mr. Tolbert said there was an engaged community process
    involving downtown property and business owners. Ms. Smith asked if there was a
    physical limitation to how big café spaces can be, or if the restrictions are based on
    10
    regulations. Mr. Tolbert said there are a number of factors that impact where café spaces
    can go, including trees, fire lanes, and honoring public spaces.
    Mr. Huja confirmed that the City is returning a portion of money to Sal’s for
    overcharging them due to an inaccurate measurement of their café space.
    Ms. Galvin said we have to follow our ordinance, but we need to make it clear
    when there are changes to our physical space on the downtown mall. Ms. Galvin asked if
    all cafes lost space. Mr. Tolbert said the vast majority lost space.
    Ms. Szakos said she does not like hearing staff getting yelled at. Aside from that,
    there is a statute of limitations for what we can do, and she is not inclined to change the
    limitations.
    Mr. Norris said a lot has happened in the intervening years. We should examine
    the present situation, and determine what we can do going forward to correct this for
    future restaurant owners.
    Ms. Smith said she does not understand the rules of the ordinance, and her heart
    goes out to Mr. Finazzo because he has been through a lot of changes on the mall. She
    said she does not have the background knowledge to know how to handle this, but
    believes it is important to be fair.
    Mr. Huja said he agreed with his colleagues. Mr. Norris asked if the Siips space
    can be moved. Mr. Tolbert said it is as far as it can go because of the water fountain and
    the CVS. Council thanked Mr. Finazzo for coming.
    OTHER BUSINESS – BELMONT BRIDGE GRANT APPLICATION
    Mr. Jones said there has been a lot of excitement surrounding this project and the
    partnership that has been formed with the Architecture School, and we want to see this
    work continue. We have had several conversations about submitting for the NEA grant,
    but there are obstacles for submitting for this year. We have not properly thought out the
    project’s connection to the arts, as stipulated by the grant. Studying corridor development
    has not happened. Timing for submitting the grant was also an issue.
    Mr. Huja said initially when we talked about this, the question was what are we
    going to get for this grant, and it was not clear in our minds that we should pursue the
    grant simply because it was there. Ms. Galvin said there was also confusion as to who
    would write the grant. A review committee has been put together that is looking at the
    results of the Belmont Bridge competition at the same time that we were trying to put
    together a group to look at the NEA grant.
    Mr. Norris invited Mr. Maurice Cox to speak on the process. Mr. Cox said the
    purpose of the grant is to help discover what we are looking for and provides a vehicle to
    11
    think through the process. A public/private partnership is required, and the public entity
    must be committed to the design process. The University has committed to writing the
    grant. Mr. Norris asked Mr. Cox to remind Council of his connection with the NEA. Mr.
    Cox said he was the design director at the NEA for three years and helped the Chairman
    conceive of this grant program specifically for transformative projects in urban areas. He
    co-authored the guidelines and knows them intimately. He is willing to help write a
    highly competitive grant.
    Ms. Smith asked if the arts and culture theme restricts us from how we design the
    corridor. Mr. Cox said it is meant to look at the role of arts and culture as the primary
    catalyst for redevelopment. Our entire downtown area can be viewed as an arts and
    culture center. The bridge itself can be considered a work of art to put it within the
    parameters for the grant.
    Ms. Galvin asked about partners. Mr. Jones said we have reached out to PCA as a
    potential partner. You also need a 501(c)(3) as part of the partnership as well.
    Mr. Huja said the need for a plan is there, but he is not sure this is the right way to
    go about it. He prefers using local money and our own money for this. Ms. Smith asked
    Mr. Cox if he thought we needed to ask for the full $150,000 amount. Ms. Szakos said it
    may be problematic getting commitment from local donors.
    Mr. Norris said he is struggling to find a downside. Ms. Szakos asked who is
    devising the ideas that will go into the grant. Mr. Cox said we could designate someone
    from Council and someone from staff to be points of contact for the grant writers.
    Mr. Tolbert said the bridge design process should be put on hold if we apply for
    the grant. Ms. Szakos asked if this meant we would be giving up state money. Ms.
    Galvin said Council should examine how much money we are willing to put into a
    planning effort on this sort of thing. She asked that it be put on a future agenda for
    discussion. She said we can do design now and not wait for the grant if we are willing to
    commit the money. Mr. Norris said he does not see this as mutually exclusive.
    Mr. Norris moved that Council approve moving forward with the grant and
    appoint Ms. Galvin as the Council point person. Ms. Smith seconded the motion. Ms.
    Galvin said this is a huge undertaking and wished it had been worked through a month
    ago. She asked what the implications were for breaking our contract. Ms. Szakos offered
    the amendment that we allocate $150,000 for the planning process and start it
    immediately, but not apply for the grant. Mr. Norris rejected her amendment. Mr. Jones
    said funding could come from already allocated funds to Levy and Crescent Hall. Ms.
    Szakos withdrew her amendment and said she did not want to allocate money until it was
    properly discussed on an upcoming agenda. A vote on Mr. Norris’ motion was called
    and did not pass. (Ayes: Mr. Norris, Ms. Smith; Noes: Ms. Szakos, Ms. Galvin, Mr.
    Huja.)
    12
    MATTERS BY THE PUBLIC
    Mr. Peter Kleeman, 407 Hedge St., said he was disappointed Council passed on
    the NEA grant opportunity. He said Council should want to have arts and cultural input
    in all the infrastructural projects that are moving forward in the City. He does not see the
    downside of looking into a project and trying to maximize the available opportunities in
    our community to build a bridge between Belmont and the downtown mall cultural
    centers.
    Mr. Scott Bandy, 639 Cherry Ave., said responsible hunters in surrounding areas
    have contributed venison to area food banks.
    Mr. Brevy Cannon, 710 Ridge St., said the NEA grant is designed to be much
    more flexible. It helps a municipality come to a decision when one has not yet been
    made. It is a shame to walk away from a match when you are willing to spend the money
    anyway. Worst case scenario, you give the grant back if you cannot spend the money.
    Mr. Craig Jackson, 631 Blenheim Ave., and president of Belmont Carlton
    Neighborhood Association, said he has been involved with the bridge conversation. The
    competition has produced some mind blowing ideas, and this is a great opportunity to
    improve the urban fabric. He is glad to hear continued conversation, which is required to
    move forward. He appreciated hearing that there will be a commitment to the bridge
    design process either way.
    Ms. Julia Williams, 751 Belmont Ave., said she sympathizes that Council feels
    rushed, but they have answers. This grant provides a lot of flexibility. This is doubling
    money we are already willing to commit. UVA is going to do the heavy lifting in this
    grant writing. There is no downside to submitting the application. Council should take
    advantage of the people here who can help answer questions.
    Mr. Mark Kavit, 400 Altamont St., said you have a team that can write the grant
    and put it together without much effort on the part of Council. He asked Council to
    reopen this issue tonight.
    Mr. Brian Wimer, 704 Belmont, said the goal is to make this bridge beautiful.
    Everything applies to this grant, because art is subjective. It is about how art inspires.
    This will not lock you down, but will open opportunities.
    COUNCIL RESPONSE
    Ms. Szakos said we could have made a decision on the NEA grant if it had been
    put before Council two weeks ago.
    13
    Ms. Galvin said her reservation is about representation, not just of Council and
    Belmont, but also of Ridge Street.
    Mr. Norris said that is the purpose of this grant.
    Mr. Cox said the main issue is a commitment to a thoughtful process, and
    progress has been made.
    The meeting was adjourned.
    President Clerk
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE HELD
    ON Friday, February 24, 2012 AT 12:00 noon IN THE Neighborhood Development Services
    Conference Room.
    THE PROPOSED AGENDA IS AS FOLLOWS:
    Luncheon meeting with School Board
    BY ORDER OF THE MAYOR BY Paige Barfield
    BASEMENT CONFERENCE ROOM – February 24, 2012
    Council met in special session with the following members present: Ms. Szakos, Ms.
    Galvin, Ms. Smith, Mr. Huja
    Mr. Ed Gillespie gave a presentation to Council and School Board members. He
    reviewed the impact of the Governor’s proposed budget for 2012-13, which creates a total
    negative impact of just over $4.2 million. He reviewed the change from FY09 to FY13 General
    Fund Operating Budget revenue summary and presented recommended budget adjustments for
    2012-13.
    Ms. Smith asked about the impact on intervention. Mr. Gillespie said schools have
    flexibility on how they can use funds, and the children most in need of these services are not
    expected to see an impact.
    The School Board reviewed issues associated with various budget reduction items and
    explained why various reduction options have been removed from consideration. Council asked
    the School Board to consider what steps to take this year to avoid another budget gap, especially
    since Council is bridging the gap with one-time money. Mr. Jones said the City and the schools
    are committed to bringing together groups to discuss a sustainable budget that addresses the
    long-term needs of the school division. There are plans to have this discussion as a community
    after this year’s budget process is complete.
    Ms. Szakos said this is a new reality, where the state is no longer funding the schools.
    We are fortunate to live in a community that values education. Ms. Galvin said there should be a
    discussion on possible City/County consolidation. Mr. Huja agreed. Council and the School
    Board agreed to form an advisory committee to discuss collaboration. The committee may
    include current and past School Board members and Councilors. Further work on forming the
    committee will continue at a later date.
  • 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 5, 2012, 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 5, 2012
    Council met in special session on this date with the following members present:
    Ms. Galvin, Mr. Huja, Mr. Norris, Ms. Szakos.
    On motion by Ms. Galvin, seconded by Mr. Norris, Council voted, (Ayes: Ms.
    Galvin, Mr. Huja, Mr. Norris, Ms. Szakos; Noes: None; Absent: Ms. Smith), to meet in
    closed session for discussion and consideration of appointments to City boards and
    commissions, as authorized by Virginia Code sec. 2.2-3711 (A) (1).
    On motion by Ms. Galvin, seconded by Mr. Norris, Council certified by the
    following vote (Ayes: Ms. Galvin, Mr. Huja, Mr. Norris, Ms. Szakos; Noes: None;
    Absent: Ms. Smith), 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 5, 2012
    Council met in regular session on this date with the following members present:
    Ms. Galvin, Mr. Huja, Mr. Norris, and Ms. Szakos. Ms. Smith was absent.
    ANNOUNCEMENTS
    Mr. Huja presented the Distinguished Budget award to Ms. Beauregard for FY
    2012.
    Mr. Huja presented a proclamation for Festival of the Book to Ms. Nancy Damon.
    Ms. Damon thanked Council for their support and asked citizens to go to their website,
    www.vabook.org, for more information about the festival.
    2
    Mr. Jones recognized Chief Charles Warner for receiving the 2011 Governor’s
    Fire Service Award for Excellence in Fire Service Management. Chief Warner thanked
    Council for their recognition and members of City staff for their teamwork.
    Mr. Norris announced the City will co-sponsor the Charlottesville Honor Ride
    event on April 5th. For more information and to enroll in this year’s ride, go to
    cvillehonorride.blogspot.com, or email cvillehonorride@gmail.com, or call (434) 242-
    4165.
    Ms. Szakos announced Council’s budget work session next Monday, March 12th
    and the Sprout Film Festival March 9th. She also announced upcoming Celebrate!250
    events. Go to www.celebrate250.com for more information
    MATTERS BY THE PUBLIC
    Ms. Colette Hall, 101 Robertson Ln., said balancing the City budget is the most
    important duty Council has. She asked Council to hold the schools to task and make
    tough cuts so they can stay within their budget.
    Ms. Erin Rose, 1790 Bundoran Dr. in North Garden, presented a petition for a
    referendum for the right of the public to have a say in the sale of water rights. She said
    Council should not approve the contract until they know the price tag.
    Ms. Nancy Carpenter, 727 Denali Way, said she supports the UVA Living Wage
    campaign. She also said she supported the students and Northwestern High School to
    protest the cuts in education funding and teacher positions. She thanked City Council for
    their vision with The Crossings facility and asked if we can do more.
    Mr. Brandon Collins, 536 Meade Ave., also thanked Council for their support of
    The Crossings project. He asked Council to think about projects that cover supportive
    housing for entire families. He said he supported the UVA Living Wage campaign, and
    he thanked Ms. Szakos and Mr. Norris for their support of the campaign. He asked
    Council to increase the base wage to $13 and hour and tie it to the cost of living.
    Mr. Galen Staengl, 129 Goodman St., encouraged Council to continue the
    discussion about the Belmont Bridge and urban design of the associated areas. He said
    Council should ask for more information about chloramines in the drinking water and the
    hazards associated with byproducts.
    Mr. Jim Rounsevell, 1113 Monticello Rd., said he is a registered architect in
    Virginia and has been very involved in the bridge project. He supports Council’s call for
    further research; the public does not support the current bridge design. The bridge should
    be more than just a replacement; there must be design. Council should take ownership of
    the process and fund it.
    3
    Ms. Heather Higgins, 703 Graves St., of Bike Charlottesville, thanked Council for
    their ongoing efforts to create a world-class bike-friendly city. She requested Council
    steer the bridge process to prioritize bike and pedestrian friendliness. For more
    information, go to completestreets.org and nacdo.org and use the available information to
    create a solution.
    Mr. Brevy Cannon, 710 Ridge St., said there was great participation in the
    Belmont Bridge design competition, and Council should capture good ideas and harness
    creativity to get us to the right design. He suggested a design committee to include local
    design professionals, UVA faculty, and representatives from Belmont and adjacent
    neighborhoods. He will forward Council a list of people who would be willing to serve
    on such a committee.
    Mr. Robert Smith said the process of calling for design after the project got
    started was backwards. Council should use the new installment as an opportunity to
    make a connection between downtown and Belmont.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Ms. Szakos thanked Ms. Hall for coming. The school efficiency audit suggested
    closing one school. The schools have been working hard to do that, but it is expensive
    and we do not yet have the money. Almost every other implementation in that report has
    been done. The deficit is not because of mismanagement; the state has withdrawn its
    funding every year. We have increased our percentage of support to ensure the schools
    are funded at an excellent level.
    Ms. Galvin thanked Ms. Szakos for her comments about the public schools. She
    said she served on the School Board when the management efficiency study was
    conducted, and the board did try to implement the school closing suggestion, but could
    not do so in the face of tough economic times. She thanked Ms. Carpenter and Mr.
    Collins for their support of housing, which Council will discuss comprehensively later in
    the agenda. She agreed that urban design is an important component to the neighborhood
    south of the downtown mall.
    Mr. Norris thanked Ms. Hall for reminding Council of their duty to be fiscally
    responsible. He thanked the 300 plus people who signed the petition regarding the
    Ragged Mountain Natural Area. He said looking at housing in a comprehensive fashion is
    important, and he also supports the Living Wage movement. He agreed with Mr. Collins
    that we need more transitional housing for families. He said he was blindsided by the
    issue of the chloramines and said it might be helpful for Mr. Frederick to come to a
    Council meeting and explain more about the project. He thanked everyone who spoke on
    the Belmont bridge and related issues.
    Mr. Huja thanked citizens for their comments about the Belmont bridge. He said
    it is an important gateway to our community and needs to be designed well. Doing away
    4
    with the bridge is impractical. He corrected a citizen who claimed Nestle was involved,
    saying the grant was never awarded.
    On motion by Mr. Norris, seconded by Ms. Galvin, the following appointments
    were made to the Human Rights taskforce: Michelle Bates, Jesse Ellis, Susan Erno,
    Harvey Finkel, Andrea Hakes, Simona J. Holloway-Warren, Tim Hulburt, Dorenda
    Johnson, Lena Jones, Richard Jones, Edward Strickler. (Ayes: Ms. Galvin, Mr. Huja, Mr.
    Norris, Ms. Szakos; Noes: None; Absent: Ms. Smith),
    CONSENT AGENDA
    On motion by Ms. Szakos, seconded by Ms. Galvin, the following consent agenda
    items were approved: (Ayes: Ms. Galvin, Mr. Huja, Mr. Norris, Ms. Szakos; Noes: None;
    Absent: Ms. Smith),
    a. Minutes of February 21 and February 24
    b. APPROPRIATION: Albemarle County Reimbursement for Preston/Morris
    Building Envelope Restoration - $1,426.28 (carried)
    c. APPROPRIATION: Albemarle County Reimbursement for CATEC Monument
    Sign - $2,301.50 (carried)
    d. APPROPRIATION: Albemarle County Reimbursement for Gordon Avenue
    Library Elevator/Restroom - $25,232.84 (carried)
    e. APPROPRIATION: Albemarle County Reimbursement for CATEC Bus Loop -
    $6,541.22 (carried)
    f. APPROPRIATION: Albemarle County Reimbursement for Central Library
    McIntire Room - $487.50 ) carried (carried)
    g. APPROPRIATION: Albemarle County Reimbursement - Gordon Avenue
    Library-Building Envelope (Masonry) - $1,368.78 (carried)
    h. RESOLUTION: Arlington & Millmont Apartments SUP for Increased
    Density and Height
    i. ORDINANCE: Retirement Commission (carried)
    j. ORDINANCE: Conveyance of Right of Way at Church Street (2nd
    reading)
    REPORT: SCHOOL BOARD’S PROPOSED FY 2013 BUDGET
    Mr. Gillespie and Ms. Atkins presented to Council on the School Board’s
    proposed budget for FY 2013, which was approved by the School Board on March 1st
    .
    Ms. Atkins highlighted the school division’s accomplishments last year and reviewed the
    strategic plan for 2011-2017.
    Mr. Gillespie reviewed School Division General Fund Financial Statistics since
    2009, including enrollment increases, state budget reductions, and cuts to services. He
    5
    reviewed the total negative impact from the Governor’s Proposed Budget for 2012-13,
    budget meetings to date, and the 2012-13 total budget.
    Mr. Norris thanked Mr. Gillespie and Ms. Atkins for their presentation and
    thanked staff and the School Board for their work in devising a budget during a difficult
    year. He asked them how they plan not to request one-time money next year. Ms. Atkins
    said they cannot promise that, but they have given the board three levels of cuts to
    examine as the FY14 school year approaches. The board is looking to market the school
    division and make it a more attractive place for students to come. Mr. Gillespie said
    anything Council can do to make it clear to the state that these cuts are not acceptable
    would be helpful. Ms. Szakos said even though the state is not supporting education, she
    will let our schools become negatively impacted. She asked citizens to support political
    candidates who support schools. Ms. Galvin said we should work together with the
    county, and we are willing to get back to the negotiating table locally. Ms. Atkins said
    Mr. Michie sent an email inviting the Board of Supervisors, City Council, and the
    Albemarle School Board to talk about reuniting a spirit of collaboration in which we can
    share services for efficiency. He is awaiting their response. Mr. Huja said he is
    appreciative of our good school system and hopes a cooperative committee can be
    appointed soon.
    REPORT: CITY MANAGER’S PROPOSED FY 2013 BUDGET
    Mr. Jones presented to Council on the proposed FY 2012-13 Operating and
    Capital budget. He thanked staff and the CIP Staff Ranking Committee for their work.
    He reviewed three themes for the year: strong support for City schools, quality services
    for the citizens of Charlottesville, and maintaining the tax rate at .95. He reviewed the
    2011 citizen budget survey, budget highlights, including changes in the general fund
    budget over the last ten years, the FY 2013 General fund revenues, and revenue
    projections. Areas of concern include state budget impacts on 2013 general fund
    expenditures, state funding of education. The City is funding $3.4 million in new money
    to the schools. Mr. Jones reviewed compensation and benefits and living wage issues,
    which will be discussed at the work session next Monday night. The FY 2012 CIP was
    about maintaining what we have in place, rather than adding new projects. Looking
    ahead, state funding of our schools will be a major capital need. Staff is positive about
    declining unemployment, and sales, meals and lodging taxes trending upwards. We have
    maintained our AAA bond rating. All budget information can be found online at the City
    website: www.charlottesville.org/budget.
    Ms. Szakos encouraged the public to attend the work sessions. Mr. Norris thanked
    Mr. Jones, Ms. Beauregard, and staff for putting together a solid proposal. Ms. Galvin
    thanked staff for making an intense and complicated operation clear. Mr. Huja said staff
    has done an excellent job in putting together the budget and challenged citizens to take
    part in the budget process.
    6
    REPORT: ANNUAL HOUSING REPORT
    Mr. Tolbert presented to Council. He gave an overview of their 2025 goal, which
    is to increase the ratio of supported affordable units to 15% of total housing units by
    2025. He updated Council on progress since the initial 2025 report, including hiring a
    housing development specialist and collaboration between CRHA and NDS. He
    reviewed affordable housing investments, including 60 new units at the SRO at 4th and
    Preston, donation of City property at The Woods on the south side of Elliott Avenue, the
    Nunley townhouses, Timberlake Place, and Sunrise Park. He discussed leveraged funds,
    reviewed other initiatives, future directions and efforts, and reviewed conclusions,
    including a shift towards funding for building housing, instead of social programs.
    Mr. Norris asked about vouchers for Blue Ridge Commons. Mr. Tolbert said
    ultimately those may well be taken out into the community, which will increase our
    number of supportive housing units. Mr. Norris asked about status of the report
    commissioned through JABA. Mr. Tolbert said staff will send an update to Council next
    week.
    Ms. Galvin said it is great to see the annual report and recommended pinning
    down the definition of “affordable housing”. She asked that the CAAR project regarding
    workforce housing be reexamined. Ms. Szakos said other communities have done
    general contracting for affordable housing work, and it would be helpful to examine why
    this works. Ms. Galvin asked if the area on Cleveland was already a low income area and
    requested that staff examine other areas that are of a higher income level in order to avoid
    concentrating poverty. Mr. Tolbert said this is a goal, but it is a struggle because land
    availability is predominantly on the south side of town. Mr. Huja said he is pleased that
    we are proceeding to build houses and hopes this will move forward more quickly. The
    report would benefit from a map.
    Mr. Norris said staff tried to define affordable housing in the 2025 report. Ms.
    Szakos said the City is actually more affordable than surrounding areas when you
    consider the cost of fuel. Ms. Galvin said she was excited to see a much more
    comprehensive approach.
    REPORT/RESOLUTION: URBAN DESIGN/ECONOMIC PLAN FOR AREAS
    SOUTH OF RAILROAD TRACKS
    Mr. Tolbert presented to Council on finding a way to examine the area of town
    near the Belmont Bridge to examine possible urban design and examine redevelopment
    issues. Staff proposed assembling an RFP for urban design, economic development
    analysis and planning, and the urban form. We need to move forward with development
    of the Levy site and Crescent Halls, but more work with the community is needed on
    what those projects will look like. Staff proposes using $150,000 from CRHA sites to
    complete work upfront and immediately. This plan is heavily dependent on the
    7
    involvement of the community, residents of public housing, and the surrounding
    community. This money is not specifically for the bridge.
    Ms. Szakos said by taking money for this study from redevelopment funds, she is
    concerned about including the Martha Jefferson area, which seems to imply that some of
    the redevelopment housing will be put in that area. Mr. Tolbert said the line is drawn to
    recognize that a lot of jobs will be generated from that site, so it is an area that needs to
    be included as a connection. Ms. Szakos said she wants to ensure we do not take money
    from public housing and section A housing to divert it to a general planning process.
    Ms. Galvin said if we include the Martha Jefferson area, she is concerned we are
    stretching our monies too thin. We could be looking at two study areas, and we should
    not combine them. Council suggested using a dotted line around the Martha Jefferson
    area.
    Mr. Norris said he agreed with Ms. Galvin that this land area is much bigger than
    he anticipated and asked if we are spreading money too thinly. Ms. Galvin said this was
    the area that was included in the Choice Neighborhood Grant, and this defines a walkable
    neighborhood. Mr. Tolbert said one reason staff drew the line so far south was to include
    First Street. Mr. Norris said he hopes we are learning from the lessons of the design
    competition, which is that the bridge encompasses the surrounding areas.
    On motion by Ms. Galvin, seconded by Ms. Szakos, the resolution passed, with
    the amended map. (Ayes: Ms. Galvin, Mr. Huja, Mr. Norris, Ms. Szakos; Noes: None;
    Absent: Ms. Smith)
    REPORT/RESOLUTION: PLACEMAKING, LIVABILITY, AND COMMUNITY
    ENGAGEMENT (PLACE) DESIGN TASK FORCE
    Mr. Tolbert presented to Council. The City had an Urban Design Committee,
    which dissolved in 2003. PLACE Design Task Force is intended to serve in a similar
    capacity and would advise the Planning Commission and City Council. Mr. Tolbert
    outlined the proposed composition of the task force. This group would have been helpful
    in the Belmont Bridge process.
    Ms. Galvin said a group like this would have also been helpful with the Woolen
    Mills pump station. This does not take the place of a neighborhood-based steering
    committee and is not intended to extend or add another layer of discretionary review, but
    to help provide input and guidance. Mr. Huja said this would improve the quality of
    design in our community. Mr. Norris said this may ultimately help streamline some
    projects, creating standards everyone is clear on. Ms. Szakos said we are lucky to have
    two people with expertise in City planning on Council.
    On motion by Ms. Szakos, seconded by Mr. Norris, the resolution passed. (Ayes:
    Ms. Galvin, Mr. Huja, Mr. Norris, Ms. Szakos; Noes: None; Absent: Ms. Smith)
    8
    REPORT/RESOLUTION: BUSINESS ACTIVITY POLICY FOR PARKS &
    RECREATION FACILITIES
    Mr. Daly presented to Council on an updated policy regarding business activities
    in Parks and Recreation facilities, which would provide groups and individuals the ability
    to conduct business activities at City facilities within certain guidelines. The fee was
    adjusted to 6% to be consistent with vendor fees at the City market. A twenty-day
    timeline for application review was established.
    Mr. Huja asked if twenty days was necessary for a review process. Mr. Daly said
    proposed activities could conflict with existing activities, and some negotiations may
    need to take place. Twenty days would be the maximum amount of time to return a
    decision.
    Ms. Szakos clarified that activity on parkland was covered by this policy. Ms.
    Davies said that providing service on parkland, regardless of where you advertise, is
    covered by the policy.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the resolution passed. (Ayes:
    Ms. Galvin, Mr. Huja, Mr. Norris, Ms. Szakos; Noes: None; Absent: Ms. Smith)
    OTHER BUSINESS: BELMONT BRIDGE PROCESS UPDATE
    Mr. Norris asked for an update of where the Belmont Bridge process stands. Mr.
    Tolbert said staff will take information from the competition and instill what could be
    used for the design process. Mr. Tolbert’s design team, the bike/pedestrian coordinator,
    the MMM Engineering Firm, and the Chair of the UVA School of Architecture will meet
    and discuss how to include those ideas. The engineering firm will engage a local
    architect to work with their design team. The design will incorporate the most
    appropriate elements that are produced from collaboration. PLACE will be the public
    sounding body initially. Mr. Norris requested that community members be involved.
    MATTERS BY THE PUBLIC
    Ms. Nancy Carpenter, 727 Denali Way, said she is going to the Albemarle County
    meeting on the comprehensive plan and was pleased with tonight’s updates.
    Mr. Jim Rounsevell, 1113 Monticello Rd., said the bridge process should remain
    open and transparent.
  • 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 12, 2012, AT 5:00 p.m. IN THE Basement Conference Room.
    THE PROPOSED AGENDA IS AS FOLLOWS:
    Budget Work Session
    BY ORDER OF THE MAYOR BY Paige Barfield
    BASEMENT CONFERENCE ROOM – March 12, 2012
    Council met in special session on this date with the following members present: Mr.
    Huja, Ms. Szakos, Ms. Galvin, Ms. Smith, Mr. Norris.
    Ms. Beauregard presented to Council. She gave an overview of the FY 2013 General
    Fund Revenue, including real estate tax, sales and use tax, meals tax, and lodging tax.
    Ms. Smith asked if the utility tax rate was dictated by Virginia State Code. Ms.
    Beauregard said she did not think so. Ms. Galvin asked why utility tax revenue went down. Mr.
    Wray said we had a wet year and a warm winter, so citizens used less water and less gas. Ms.
    Smith said it would be good to see utilities broken out at some point.
    Ms. Galvin said other communities with universities have service charges in the millions.
    She asked how often agreements with other entities are revisited regarding various service
    charges. Staff replied that they are normally revisited when either of the entities indicates interest
    in doing so.
    Ms. Beauregard introduced the revenue team and thanked them for their work on the
    budget.
    Currently, there is a stalemate on the budget at the state level. This impacts the schools
    more than it impacts the City.
    Ms. Szakos asked if the City is tracking things that are on the national legislative agenda.
    Staff replied that it is difficult to say what the impact of national level items would be.
    Transportation would have the greatest impact.
    Ms. Beauregard reviewed FY 2013 General Fund Expenditures, the largest portion of
    which goes to the schools.
    Ms. Smith asked where money will go if the state comes back with funding. Mr. Jones
    said it would be part of a discussion we have with the School Board. Mr. Huja said he believes it
    should stay with the schools.
    Ms. Beauregard reviewed the Council Priority Initiatives fund, which has a current
    balance of $178,000. No new funds are included in the FY 2013 Proposed Budget. Ms. Szakos
    said we should be willing to tighten up on our funds just as staff has been asked to. Ms. Galvin
    said we should be more organized on what these funds would be used for. Council agreed to
    discuss priorities and funding at a future work session.
    Ms. Beauregard reviewed new expenditure items, including the Carver Recreation Center
    at the Jefferson School City Center, the Fontaine Ave. Fire Station, and expanded Sunday
    Holiday Service. Ms. Szakos asked staff to look into bus service to the jail. Ms. Galvin said the
    job center on Hydraulic does not have service either. Mr. Norris asked to add CATEC to the list.
    Mr. Jones said we can discuss these locations with the transit consultant.
    Mr. Huja said the new position at Carver should not be created; the old one should come
    back instead. Mr. Daly said operations among Parks departments have grown exponentially, and
    staff has been able to operate all facilities without additional positions until this point in time.
    With the reopening of Carver and expansion of that facility, an additional position is needed.
    Ms. Beauregard reviewed FY 2013 General Fund Expenditures fixed costs, which
    include fuel, HVAC, equipment replacement, and compensation and benefits.
    Ms. Szakos asked if LEED-certified building occupants are paying a lower rate because
    they are more efficient. Ms. Mueller said no. Mr. Watts said departments cannot pick which
    buildings they will be in.
    Mr. Norris said he supports bonuses of a flat dollar amount instead of as a percentage of
    salary. Mr. Jones said the flat bonuses in the past were from a surplus fund. Ms. Szakos said she
    agreed with Mr. Norris. Mr. Huja said he supports giving bonuses during hard times. Ms. Szakos
    said if the City instead contributed more to healthcare, it could be pre-tax. Staff reminded
    Council that the bonus was one-time, and using it towards healthcare could be complicated.
    Ms. Beauregard reviewed living wage issues. Mr. Huja asked what the basis for the $13
    living wage estimate was. Mr. Jones replied that the living wage campaign at the University is
    basing it on EPI estimates, who gave the UVA Living Wage campaign unofficial updated figures
    for 2012. Mr. Norris said we should find a commonly agreed upon formula for what the living
    wage index should be. Ms. Galvin said we need to be careful with our money and thoroughly
    study the issue because some studies show raising the wage does not necessarily help the poorest
    workers as much as policy changes could. Mr. Huja said we should discover what the right
    number is, and if that is $13, he is supportive of making sure we are paying it to all. Ms. Smith
    asked for more information on temporary and seasonal employees, especially because there are
    so many of them. Staff will research these items further and report back to Council.
    Ms. Smith asked what portion of the rates is going to providing utilities, and what portion
    goes towards taxes, pilot, etc. Staff said they would return an answer before the next scheduled
    utility rate discussion.
    Public Comment
    Ms. Colette Hall asked Ms. Beauregard what the annual $330,000 payment to the new
    fire station includes. Ms. Beauregard said it covers operating costs for the fire station, not
    including salaries and benefits. Ms. Hall asked what the additional $200,000 in revenue per year
    from the Carver Recreation Center was coming from. Ms. Beauregard said the funds would be
    generated through programming, banquets, lease payments from Martha Jefferson Hospital for
    their Wellness Clinic, new classes and programs, access passes, and other services. Ms. Hall
    asked why City assessments have not dropped when property value has declined by 32%,
    according to an article in The Hook. Mr. Barbour said assessments are also based on area sales.
    Mr. Norris asked for a breakdown for the fire station payment.
    A citizen asked for user-friendly non-technical language for the budget when staff
    disseminates information to residents. Mr. Jones said we will continue to keep this in mind. Ms.
    Beauregard said there are copies of the budget available in the library and in the City Manager’s
    office for citizens who do not have web access.
    Ms. Smith asked to see expenditures matched with the revenues it creates more clearly
    displayed in the report.
  • 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 19, 2012, 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 19, 2012
    Council met in special session on this date with the following members present:
    Ms. Galvin, Mr. Huja, Mr. Norris, Ms. Szakos, Ms. Smith.
    On motion by Ms. Galvin, seconded by Ms. Smith, Council voted, (Ayes: Ms.
    Galvin, Mr. Huja, Mr. Norris, Ms. Smith; Noes: None; Absent at time of vote: Ms.
    Szakos), to meet in closed session for (1) Discussion and consideration of appointments
    to City boards and commissions, as authorized by Virginia Code sec. 2.2-3711 (A) (1);
    (2) Discussion of the acquisition of real property along Bent Creek Road for use as
    public street right-of-way, 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);
    and, (3) Consultation with legal counsel and briefings by staff members pertaining to
    probable litigation involving condemnation proceedings for a permanent drainage
    easement on Old Lynchburg Road, 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).
    On motion by Ms. Szakos, seconded by Mr. Norris, Council certified by the
    following vote (Ayes: Ms. Galvin, Mr. Huja, Mr. Norris, Ms. Szakos, Ms. Smith; 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 – March 19, 2012
    Council met in regular session on this date with the following members present:
    Ms. Galvin, Mr. Huja, Mr. Norris, Ms. Smith and Ms. Szakos.
    2
    ANNOUNCEMENTS
    Ms. Smith read a proclamation for Curious George. Ms. Ann Jolly was present to
    accept the proclamation and invited citizens to an event on Saturday, March 24th at the
    Paramount.
    Ms. Smith read a proclamation for National Poison Prevention Week. Ms.
    Kristen Wenger was present to accept the proclamation.
    Ms. Szakos read a proclamation in support of the new Cville Bike mApp project.
    Ms. Sarah Rhodes was present to accept the proclamation and gave information about the
    new iPhone application project, which will launch April 14.
    Ms. Galvin read a proclamation in support of National Cash Mob Day, which is
    on Saturday, March 24. Mr. Bob Fenwick accepted the proclamation and said the
    location for the first Cash Mob will be announced on the web at www.cashmobcville.com
    Friday morning.
    Mr. Norris reminded local veterans of the Honor Ride event on Thursday, April 5.
    Contact Dave Norris at 242-5165 for more information. Also, Charlottesville has been
    ranked second in the nation for well-being by a recent Gallup poll and first in the nation
    for treating one another with respect.
    Mr. Norris asked to add a Department of Justice resolution to Other Business.
    Mr. Jones introduced Mr. David Ellis, the City’s new Assistant City Manager.
    Mr. Huja announced Charlottesville was ranked one of the tastiest towns in the
    south by Southern Living magazine.
    Ms. Szakos announced this week’s upcoming events for Celebrate!250.
    Mr. Huja announced that the public hearing on the Sale of Elliott Ave. property
    was deferred. Also, no action will be taken on the Condemnation of Lynchburg Road,
    but the public hearing will still take place as scheduled.
    MATTERS BY THE PUBLIC
    Mr. Gisueppe Finnazo, Sal’s Pizza, reviewed the issue of café space for his
    restaurant. He asked Council to give Sal’s the same amount of café space as Rapture and
    other restaurants.
    Ms. Nancy Carpenter, 727 Denali Way, said she participated in town hall
    meetings in the Scottsville district, and a member of the ACPD said he viewed civil
    disobedience as their biggest problem, which was disturbing to her.
    3
    Ms. Scott Bandy, 1639 Cherry Ave., asked Council to consider what would
    happen if the revenue sharing plan with the county came to a stop.
    Mr. Brandon Collins, Meade Ave., asked Council to keep regional transit issues in
    mind when considering long term development. He said Route 7 on 29 does not circle
    back to Kmart on the return loop, which is a problem for residents along Michie Drive.
    Route 9 service to the clinic needs to be full service. He also asked Council to do
    something about jobs.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Ms. Szakos told Ms. Carpenter that she would not expect to hear remarks such as
    the one she mentioned about civil disobedience from the Charlottesville Police or
    Council; we value Constitutional rights. She told Mr. Bandy that revenue sharing is a
    contract; we gave up a certain amount of land for revenue sharing; it has been approved
    in court, and it is a legal obligation and will not go away. She agreed with Mr. Collins
    about transit.
    Ms. Galvin said the feedback on transportation is exactly the kind of information
    Council needs. She thanked Ms. Carpenter for coming and said it was a nice reflection of
    City/County relations.
    Ms. Smith thanked Mr. Collins for demonstrating that this community is involved
    and shares knowledge.
    Mr. Norris asked for feedback on the issue of Sal’s café space. If increasing his
    square footage does not give him extra table space, there is not a point. He thanked Mr.
    Mr. Collins for pushing Council on transit.
    Mr. Huja also thanked Mr. Collins and said Council is dedicated to working on
    transit.
    On motion by Mr. Norris, seconded by Ms. Galvin, (Ayes: Ms. Galvin, Mr. Huja,
    Mr. Norris, Ms. Szakos, Ms. Smith; Noes: None), the following appointments were made
    to Boards and Commissions: to the CDBG, Mary Katherine Barnes and Patricia
    Eldredge; to CEDA, Tara Boyd and Kristin Henningsen; to Dialogue on Race, Toni
    Barskil and Rita McIntosh; to HAC, Charlie Armstrong and Carmelita Wood; to JABA,
    Sue Lewis; to JABA Advisory Council, Fred Schmidt; to the Tree Commission, Joanna
    Salidis, Linda Patchel, and Ineke Dickman; to JAUNT and MPO, Lance Stewart.
    4
    CONSENT AGENDA
    Mr. Huja asked Mr. Tolbert to clarify the Sal’s Pizza café space issue. Mr.
    Tolbert summarized the history of Sal’s café space. He said 1139 square feet would not
    give him room enough to put additional seating. There are immovable growth constraints
    on all sides except to the west. Ms. Smith asked how much space would an additional
    row of seating in Sal’s café leave for the walkway. Mr. Tolbert said four feet. Mr. Huja
    asked if we could grant Sal’s enough space to give him one additional row of tables. Mr.
    Tolbert asked Council to allow staff to measure. Mr. Brown clarified that Council could
    also pass a separate resolution approving additional space for Sal’s Café at their next
    meeting, in addition to passing the ordinance change on a second reading.
    On motion by Ms. Szakos, seconded by Mr. Norris, the following consent agenda
    items were approved: (Ayes: Ms. Galvin, Mr. Huja, Mr. Norris, Ms. Szakos, Ms. Smith;
    Noes: None.)
    a. Minutes of March 5 and March 12
    b. APPROPRIATION: 2011 Juvenile Accountability Block Grant (JABG) -
    $14,169 (carried)
    c. APPROPRIATION: State Assistance for Spay and Neuter Program at SPCA –
    $853.42 (carried)
    d. RESOLUTION: Cville Bike mApp Endorsement (1st of 1 reading)
    e. RESOLUTION: Purchase of Land on McElroy Drive for Greenbelt Trail (1st
    of 1 reading)
    f. ORDINANCE: Sal’s Mall Café Space (carried)
    g. ORDINANCE: Retirement Commission (2nd reading)
    PUBLIC HEARING: FY 2013 TAX RATE and CITY MANAGER’S PROPOSED FY
    2013 BUDGET
    Mr. Jones presented to Council. The budget provides strong support for City
    Schools, quality services, and maintains tax rates. He reviewed the impact on residents;
    98% of residents will see no change or a decrease in their real estate taxes, and there will
    be no cuts in services. He reviewed General Fund revenue trends. The largest increase in
    our budget is to our schools, which have taken a significant loss from state funding. He
    reviewed Capital Improvement Programs and outstanding issues from the Council work
    session Monday evening, including Compensation and Benefits and Living Wage.
    Ms. Smith asked for the range of percentage of total salary a flat bonus would be
    for employees.
    The public hearing on the tax rate was opened.
    Mr. Brandon Collins, 536 Meade Ave., said he does not see a problem with
    raising the tax rate. The time is optimal for considering an increase in order to assist
    5
    citizens suffering from economic crises. We are not expanding services; the Housing
    Fund is an example. Consider lobbying the General Assembly for allowing a progressive
    tax rate. Reexamine the Living Wage and examine EPI numbers.
    Mr. Scott Bandy, Cherry Ave., asked when the last time the City lowered its tax
    rate was.
    The public hearing was closed.
    Ms. Szakos said the only Virginia First City that has a lower tax rate than ours is
    Staunton. Our property tax rates are very low for the kind of services our City offers.
    Ms. Smith said our tax rates might be low, but our real estate prices are very high,
    and you cannot separate the two. Also, our utility rates are among the highest. We
    should be aware of all factors of the cost of living.
    Mr. Jones said the tax rate was last lowered in 1998.
    PUBLIC HEARING: CITY MANAGER’S PROPOSED FY 2013 BUDGET
    The public hearing on the City Manager’s FY 2013 Budget was opened.
    Mr. Bob Barnaby, Reentry Coordinator for the Regional Jail, spoke in support of
    funding for the reentry program.
    Ms. Dorothy Thompkins, Resident, said she is concerned about the cut in the
    budget for extension services, which support a lot of volunteer activities, as well as
    activity from the staff. She spoke in support of the Master Gardner program.
    Ms. Jean Coler, representing Literacy Volunteers, asked Council to disregard the
    recommendation of the committee to reduce their budget by 25% this year. The GED is
    going to be privatized in 2014, so there is a big push to have partials updated. Also, they
    are moving to the Jefferson City School Center, which is a huge opportunity to reach out
    to an underserved population, and they need funding to maintain a high level of support.
    Mr. Herb Porter, 509 7 ½ St., said there were very few reductions in property
    taxes. He said there have been instances of land value increasing while the property on
    the land was devalued. He asked to see a map of properties this has happened to in the
    City.
    Ms. Colette Hall, 101 Robertson Ln., asked Council to remember citizens have
    provided the money you are considering on each line item.
    The public hearing was closed.
    6
    Ms. Smith said she has a personal interest in support for the VA Cooperative
    Extension, having worked with them over the years in various capacities. The new format
    should be flexible and allow for consideration for organizations such as VA Cooperative
    and Literacy Volunteers.
    Ms. Szakos said the amount of money going to non-profits and other
    organizations seems to have decreased this year, and asked why that has happened.
    Mr. Jones said contributions are down slightly, some agencies who have received
    funding in the past were eliminated this year, and a few partnerships do not exist any
    longer.
    Ms. Galvin said building resiliency among adults is important. She applauded the
    ABRT process for trying to achieve an objective assessment and hold the non-profits
    accountable, but requested that we examine the applications and give concessions when a
    technicality is involved. The review process does not seem to be tied to Council
    priorities, and she wanted to see those addressed in our funding.
    Mr. Norris he agreed with Ms. Galvin. Council prioritizes job readiness. Basic
    literacy skills are important, and funding should be increased at this time. At a minimum,
    we should restore full funding.
    Mr. Huja said he agreed with Council’s comments.
    Ms. Szakos said she was pleased with the ABRT process.
    PUBLIC HEARING: CONDEMNATION OF PROPERTY ON OLD LYNCHBURG
    ROAD
    Mr. Huja reminded citizens that no action will be taken on this item tonight. Mr.
    Tolbert presented to Council on the status of the Old Lynchburg Road project,
    particularly the parcels the City has had to acquire to accomplish the project. He
    reviewed the history of the parcel negotiations with Fry’s Spring Beach Club (FSBC).
    He clarified that a delay tonight will not negatively impact this project.
    Ms. Smith asked about the land we purchased on the consent agenda and asked
    why there was a difference. Staff will check with the assessor and return with an answer.
    The public hearing was opened.
    Mr. Kacy Burnsed, Vice President of FSBC, thanked Council for slowing down
    the condemnation decision. The Beach Club is a nonprofit group and is run entirely by
    volunteers. FSBC supports the OLR Improvement Project and has from the beginning.
    He gave a history of their dealings with the City, which started in December 2010.
    7
    Mr. Jim Veale, Board President of FSBC, 2610 Jefferson Park Ave., reiterated
    that the Club fully supports the OLR project and the drain basin project. He thanked City
    staffers Tony Edwards and Angela Tucker for their assistance during the project. The
    commercial conversations have not been thoughtful and have been rushed. He thanked
    Council for tabling the motion in order to facilitate a more thorough and thoughtful
    discussion about fair market value of the property.
    Mr. Martin Chapman, 1717 King Mountain Rd., previous club President, said
    bringing condemnation proceedings was disrespectful to long-time property tax paying
    owners. The club is paying more in taxes per acre than what the City has said the value of
    the land is worth. He discussed other indirect economic effects to the club that may occur
    as a result of the property being taken over by the City.
    Ms. Colette Hall, 101 Robertson Ln., said eminent domain is sometimes
    necessary for the public good, but you must give the entity from whom you are taking the
    property fair market value. The offer of $11,000 is an insult.
    Mr. Patrick Healy, 641 Harris Rd., long time member of the Beach Club, agreed
    with previous speakers and supports the OLR project. The retention basin looks like it
    has merit. Forcing the plan is wrong; there are other options, and the City should figure
    out another way to handle runoff water if an agreement cannot be reached.
    Ms. Nancy Carpenter, 727 Denali Way, said she hopes the City and the FSBC can
    come to an agreement because of the attractive potential of developing portions of the
    project, including a trail and improvements to Azalea Park.
    Mr. Scott Bandy, Cherry Ave., said a statewide referendum will be on the ballot
    regarding eminent domain. Council should negotiate a fair market value price with the
    Beach Club.
    The public hearing was closed.
    Mr. Huja said both entities will work diligently to come to a conclusion.
    Ms. Smith said she has been a long-time member of the club and would like to
    think this was simply a slip-up in process. She said she hoped the City can come to terms
    with the FSBC. She said the City should be respectful in the eminent domain process.
    FSBC board and club members would be receptive to creative ideas.
    Ms. Szakos clarified that the OLR project is on a four to six week hiatus
    independent of the FSBC issue, because other items are also being accomplished during
    this time, the nature of which necessitates a pause.
    Ms. Galvin thanked the FSBC board members for coming and said it is important
    to her to hear the other side of the story, particularly getting clarification on the timeline.
    She asked if there were alternate location options for the storm water retention in case
    8
    there is not agreement on the price. We all want to act in good faith. FSBC is important
    to this community.
    Mr. Norris said he is a former member of the FSBC. He is pleased they are trying
    to find resolution, but many of the property owners donated easements for the good of the
    project when the City asked them to who could have used the money.
    REPORT: UPDATE TO REGIONAL HAZARD MITIGATION PLAN
    Mr. Daniel Nairn, with the Thomas Jefferson Planning District Commission,
    presented to Council on the Regional Hazard Mitigation Plan. He outlined the purpose of
    the plan, which as of this update has been going on for approximately eight months. Staff
    has supported the action items in the memo before Council. These are not obligations the
    City will be held to by FEMA, but a vision of the City, and could serve as a means to
    leverage funds.
    Ms. Smith asked how conservation measures, such as low flow fixtures, related to
    the hazard plan. Mr. Nairn replied that it addresses the hazard of droughts. Also, certain
    stormwater related action items address flood control.
    Ms. Szakos said we are in good hands.
    OTHER BUSINESS: DOJ SETTLEMENT AGREEMENT
    There was a recent settlement agreement with the Department of Justice on
    January 26, 2012. This will be administered on a local level, which is preferential in
    order to better serve members of the community. The agreement is subject to court
    approval. A district judge in Richmond has asked for public input on whether or not to
    approve the settlement agreement. Mr. Norris asked Council to publically endorse the
    settlement agreement.
    Ms. Galvin asked what the concerns are that have been expressed to the judge
    about this change. It seems to be related to the families of the people who work at the
    training facility and not related to the administration of the training facility in Tidewater.
    Mr. Huja asked about funding. Ms. Smith asked if it would put an undue burden
    on communities. Mr. Norris said there was a substantial funding component – over 4,000
    new vouchers would help residents transition to community-based care. Ms. Szakos said
    she is aware there may be trauma with transitions, but it is more traumatic over time for
    people who have to send their loved ones away because their community does not have
    programs that support them. We need to do this, and the settlement offers a very specific
    funding mechanism. We need to be vigilant as a locality and ensure this gets funded
    through our legislative requests.
    9
    Ms. Smith said we should be confident there are not unintended consequences,
    such as people who are left behind. Ms. Szakos said there may be, but it will be far fewer
    than exist in the current system.
    On motion by Mr. Norris, seconded by Ms. Szakos, the resolution passed
    unanimously. (Ayes: Mr. Norris, Ms. Szakos, Ms. Galvin, Mr. Huja, Ms. Smith; Noes:
    None.)
    MATTERS BY THE PUBLIC
    Mr. Damon Petit, 108 Todd Ave., said FSBC is supportive of the OLR project.
    Our circumstances are different from others who donated land. We have a well on the
    land that we are also trying to protect and want to work with staff to get details of the
    easement in writing, such as maintenance and plantings.
    Mr. Dave Redding, 609 E. Market St., said he likes the idea of the bike app, but
    requested staff keep in mind that many citizens do not use smart phones.
    COUNCIL RESPONSE
    Ms. Szakos said more data is better than no data, and staff has acknowledged
    some will be left out for this project.
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE HELD
    ON Thursday, March 22, 2012, AT 5:00 p.m. IN THE Basement Conference Room.
    THE PROPOSED AGENDA IS AS FOLLOWS:
    Budget Work Session
    BY ORDER OF THE MAYOR BY Paige Barfield
    BASEMENT CONFERENCE ROOM – March 22, 2012
    Council met in session with the following present: Mr. Norris, Ms. Szakos, Mr. Huja, Ms.
    Galvin, Ms. Smith.
    Mr. Davidson reviewed amendments to the proposed CIP. He reviewed FY 2013-2017
    CIP Revenues, City Council Priorities that were factored in for FY 2013 CIP, and FY13-17 CIP
    bonded projects.
    Mr. Davidson discussed the Planning Commission recommended of removing the
    YMCA funding in FY13 and using at least a portion of those funds for affordable housing, which
    is not included in the proposed CIP. Mr. Daly gave a status update of the lawsuit; no date for the
    hearing has been set, but the case is expected to be heard by the State Supreme Court sometime
    in May. Mr. Brown gave some legal background on the lawsuits. Ms. Smith asked if we were
    obligated to pay the full sum of money to the YMCA that is in the CIP. Mr. Jones said we were,
    and even if we moved it from FY13 we would have to pay the same amount in a later fiscal year,
    assuming the YMCA wins the lawsuit. Ms. Beauregard informed Council that even if the
    lawsuit and construction were not settled until FY14, if we appropriated the funds in the FY13
    CIP they would automatically carry over and be available at the time of construction. The
    consensus among Councilors was to leave the YMCA funding in place for now, and if the
    YMCA loses the suit Council may reappropriate the money to a different project of Council’s
    choosing at a later date.
    Ms. Galvin asked where the money for repaving roads comes from, and how and why
    does staff decide when to repave. Ms. Mueller said each year in late February/early March, staff
    does street inspections and follows a rating guideline. Mr. Huja said we could be doing less
    street repaving and save money. He requested a $50,000 reduction. Ms. Smith said we should
    have a plan. Ms. Szakos said it is important to have well-kept streets so as not to appear run
    down.
    In response to a question about bikes and pedestrians, Mr. Tolbert said a plan has been in
    place, adopted in 2004. It includes off-road and on-road systems for bikes and pedestrians. Ms.
    Szakos agreed that we should put more money into bike infrastructure. Staff said they would
    work on moving money from stagnant projects to get the extra $100,000 for bikes.
    2
    Ms. Szakos asked if the Tonsler Park project was on schedule. Mr. Jones said master
    planning has started, but the project will not start until 2015. Separately, the playground
    renovation has begun.
    Mr. Davidson reviewed CY state and federal projects and reviewed CIP non-bonded
    projects.
    Ms. Smith asked about timing on Hillsdale Drive. Mr. Tolbert said plans are in for final
    review at VDOT for right-of-way and utility projects.
    Mr. Huja asked if there was additional transit money. Mr. Jones said $110,000 has been
    set aside for the design process in a separate pool of funds. Ms. Galvin asked about putting storm
    water initiatives on a future agenda for discussion. Staff discussed TMDL requirements that
    should also be a part of upcoming discussions with Council.
    Ms. Brown explained the new Tax Billing and Assessment System, which will help staff
    be more efficient in collecting online payments for business taxes and more.
    Mr. Jones updated Council on the living wage issue and staff compensation. A 3% bonus
    would bring most employees to the $13 level and allow staff to do more research on what figure
    to use for a living wage. Ms. Galvin asked what the process has been for evaluating the living
    wage annually. Ms. Szakos said she was comfortable with a 3% raise if we also raise the
    minimum living wage. Ms. Galvin said she is concerned this is masking a complicated problem
    about under educated adults getting underpaid jobs. Mr. Norris suggested setting aside $50,000
    in order to make adjustments to living wage, and allocate the rest to bonuses.
    Mr. Norris said the housing authority deficit is a problem, as they are at a $200,000
    deficit. He asked Council to split the difference so the housing authority would only have to use
    reserves for half that amount. He requested the City use the housing fund for the other half.
    Council and staff discussed the complex issues of funding for public housing. Council was
    generally supportive of Mr. Norris’ suggestion.
  • 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 2, 2012, 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 – April 2, 2012
    Council met in special session on this date with the following members present:
    Ms. Galvin, Mr. Huja, Mr. Norris, Ms. Szakos, Ms. Smith.
    On motion by Ms. Smith, seconded by Ms. Szakos, Council voted, (Ayes: Mr.
    Huja, Mr. Norris, Ms. Smith, Ms. Szakos; Noes: None; Absent at time of vote: Ms.
    Galvin), to meet in closed session for consultation with legal counsel and briefings by
    staff members pertaining to the pending case of City of Charlottesville v. Joe H. Gieck
    Trust, involving enforcement of the City’s zoning ordinance, 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).
    On motion by Ms. Smith, seconded by Mr. Norris, Council certified by the
    following vote (Ayes: Mr. Huja, Mr. Norris, Ms. Szakos, Ms. Smith; Noes: None; Absent
    at time of vote: Ms. Galvin), 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 2, 2012
    Council met in regular session on this date with the following members present:
    Ms. Galvin, Mr. Huja, Mr. Norris, Ms. Smith and Ms. Szakos.
    ANNOUNCEMENTS
    Mr. Norris read a proclamation for Fair Housing Month. Ms. Karen Reifenberger
    was present to accept the proclamation. Call 817-2436 with questions about housing
    discrimination.
    2
    Ms. Smith read a resolution requesting the EPA enforce the Clean Air Act, which
    will be voted on later in the meeting as part of the consent agenda.
    Ms. Galvin read a proclamation for Community Forgiveness Day, which will be
    Saturday, April 21. Dr. Phillip Duncan accepted the proclamation on behalf of the
    Synchronicity Foundation.
    Mr. Huja read a proclamation in support of the Wayland Mayor’s Challenge for
    Water Conservation. The competition runs March 30 – April 30. To participate, citizens
    can go to www.mywaterpledge.com to sign up for the challenge.
    Mr. Huja also announced a Habitat Open House at 1310 Nunley Street on
    Tuesday, April 3rd at 2:00 p.m. Councilors and representatives from Habitat for
    Humanity, Region 10 and the Thomas Jefferson Community Land Trust will be present.
    Members of the public are welcome to attend. There will be an open house for the SRO
    Crossings on April 10th at 10:00 a.m.
    The next budget work session is tomorrow at 5:00 p.m. in the Basement
    Conference Room. Council will adopt the budget on Tuesday, April 10th at 5:30 p.m. in
    the Second Floor Conference Room.
    City Hall will be closed Friday, April 13 for Thomas Jefferson’s birthday.
    Mr. Huja announced that Planning District 10 has been designated one of
    America’s best intergenerational communities
    Ms. Szakos announced the City workshop Selling to the City for any business
    located in City limits. Registration is required.
    Ms. Smith said City Market starts a new season this Saturday at 7:00 a.m.
    MATTERS BY THE PUBLIC
    Ms. Emerald Young said she is in favor of ending water fluoridation because of
    the health risks it poses. She said the health risks of ingesting fluoridated water should
    have been disclosed.
    Ms. Bethany Hurley, 414 Oak St., a member of Virginia Organizing, said there is
    disproportionate minority contact with the criminal justice system. Statistics show there
    is a biased approach in how minorities travel through the system. She requested
    formation of a task force to address the issue.
    Mr. Jordan McNeish, 1800 Jefferson Park Ave., asked Council to endorse a
    resolution supporting the decriminalization of marijuana. He read a proposed resolution
    and asked for it to be placed on an upcoming agenda.
    3
    Ms. Thomasine Wilson, 4080 Cypress Pointe Dr., with Virginia Organizing,
    asked for a follow-up on the City’s hiring practice of minorities. She asked Council when
    a work session will take place regarding this topic.
    Mr. Ed McCann, 1538 Club Dr., Lynchburg, with Virginia Normal, said there
    have been other localities that have supported making marijuana use a low priority for
    local enforcement, and they have reported positive results. He urged Council to support
    the resolution.
    Mr. Brandon Collins, 536 Meade Ave., said it is time for Council to get serious
    about taking action against racism and the war on drugs. Deprioritizing marijuana and
    attempting to deal with discrimination should be top priorities. He reminded Council of
    the PHAR platform and spoke in support of the group’s services.
    Mr. D.J. Bickers, 465 Lego Dr., a local dentist, said there are benefits of fluoride
    in the water system. He has done a lot of research that supports the benefits, even after
    researching the opposition’s claims. Children and at-risk citizens need this the most.
    Mr. Dave Redding, 609 E. Market St., said adding chloramine to the water causes
    problems from an engineering point of view. It stays in the water longer and damages
    household appliances. It is almost impossible to filter. Council should decide against
    adding chloramine to the water. It may cost more money on the front end, but it will cost
    users more ultimately.
    Ms. Joanie Freeman, 609 E. Market St., said chloramine stays in the water for
    weeks before it dissipates, unlike chlorine, which dissipates quickly. Chloramine can be
    detrimental to our agriculture and our fish, especially in case of an accidental spill.
    Ms. Lorrie Delehanty, 451 Long St., and 645 Evergreen Ave., said she read the
    memo to RWSA from Thomas Frederick. Chloramine is the cheap way out of a solution
    that will cause long-term problems. She quoted a Virginia Tech study stating an increase
    in lead found in children and toddlers since the addition of chloramine to community
    water supplies. She cited other severe health side effects.
    Ms. Sarah J. Knaup, 417 9th St. NW, read a petition asking RWSA not to use
    chloramines in the area’s drinking water. She said if a new treatment method is required,
    Council should support seeking an alternate method.
    Mr. Thomas Silverstein, 210 Sunset Ave., second year law student at UVA
    School of Law and Chairman of the Board of Directors of Students for Sensible Drug
    Policy, said education rather than incarceration is the lynchpin of a sound drug
    enforcement policy. There is a wide range of consequences for people with marijuana
    convictions, which undermines the basic intent of drug laws.
    4
    Ms. Rose Purdy, homeless, said she quit smoking weed in fear of going to jail,
    and has since been suffering from ailments she had been treating with marijuana. She
    cannot afford care for her ailments. OAR and Region 10 should be replaced by voluntary
    programs that address these issues. There is a lack of resources to assist with issues in her
    group. Money is wasted on the war on drugs.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Mr. Norris thanked everyone who spoke on fluoride and chloramines. He said he
    strongly supports an effort to get a grasp on the issue of disproportionate minority
    contact. He also supported adding a resolution to an upcoming Council agenda on
    deprioritizing marijuana. We should be looking at education instead of enforcement.
    Ms. Smith agreed with Mr. Norris on disproportionate minority contact. She said
    the marijuana issue is serious, and she thanked Ms. Purdy for her honesty.
    Ms. Galvin said information about chloramines has been extremely helpful, and
    she appreciated the differing viewpoints on fluoride. She said she is very concerned
    about the way we sentence for marijuana, treating drug use purely as a crime and not
    something that needs to be dealt with as a disease or something masking other serious
    issues. She said she will not endorse any one statement made tonight without serious
    examination of the issue, because it is so important. She said she is supportive of
    revisiting the sentencing guidelines for all drugs. We should carefully study the costs and
    benefits of legalizing drug use.
    Mr. Huja said he agrees with his fellow Councilors on the marijuana issue.
    Ms. Szakos asked staff to follow up on the question of a Work Session regarding
    the City’s minority hiring practices and asked for this to be made a priority. She also
    spoke about a deluge of negative comments she has received regarding remarks she made
    about the City’s statues at a Festival of the Book luncheon on March 23, where Professor
    Ed Ayers spoke about the history of the Civil War. She asked that if people have
    comments for her, particularly hateful or obscene ones, not to make them through her
    children.
    CONSENT AGENDA
    On motion by Mr. Norris, seconded by Ms. Smith, the following consent agenda
    items were approved: (Ayes: Ms. Galvin, Mr. Huja, Mr. Norris, Ms. Szakos, Ms. Smith;
    Noes: None.)
    a. Minutes for March 19, March 21, March 22
    b. APPROPRIATION: Albemarle County Reimbursement for Preston/Morris
    Building Envelope Restoration $1,426.28 (2nd reading)
    5
    c. APPROPRIATION: Albemarle County Reimbursement for CATEC Monument
    Sign - $2,301.50 (2nd reading)
    d. APPROPRIATION: Albemarle County Reimbursement for Gordon Avenue
    Library Elevator/Restroom $25,232.84 (2nd reading)
    e. APPROPRIATION: Albemarle County Reimbursement for CATEC Bus Loop -
    $6,541.22 (2nd reading)
    f. APPROPRIATION: Albemarle County Reimbursement for Central Library
    McIntire Room - $487.50 (2
    nd reading)
    g. APPROPRIATION: Albemarle County Reimbursement - Gordon Avenue
    Library – Building Envelope $1,368.78 (2nd reading)
    h. APPROPRIATION: 2011 Juvenile Accountability Block Grant (JABG) -
    $14,169 (2nd reading)
    i. APPROPRIATION: State Assistance for Spay and Neuter Program at SPCA –
    $853.42 (2nd reading)
    j. APPROPRIATION: Virginia Department of Health Special Nutrition Programs -
    $95,000 (carried)
    k. APPROPRIATION: Domestic Violence Services Coordinator Grant - $47,548
    (carried)
    l. RESOLUTION: EPA Clean Air Act Request
    m. RESOLUTION: Sal’s Restaurant Café Square Footage
    n. ORDINANCE: Sal’s Mall Café Space Ordinance Change (2nd reading)
    PUBLIC HEARING: CITY COUNCIL’S PROPOSED FY 2013 BUDGET
    Mr. Jones presented to Council. Ms. Beauregard reviewed FY 2013 Budget
    Amendments. She reviewed initiatives Council has discussed in work sessions and items
    Council will revisit at their work session on April 3, including the Paramount
    Theater/Arts Education Program, Music Resource Center, Municipal Band, and First Tee.
    Mr. Jones said PHAR and FeMale Perspective will also be discussed. Mr. Huja asked for
    Mountainside to be added to the list.
    The public hearing was opened.
    Mr. Dick Gibson, 1431 Grove Rd., Chairman of JABA, advocated on behalf of
    JABA for the citizens they house at Mountainside and the adult care center, which is no
    longer receiving funding for scholarships from United Way.
    Ms. Vivian Newton, Mountainside Senior Living employee, said money is not
    being invested in seniors and the disabled. Please support Mountainside with funds so
    those in need have a place to live.
    Ms. Saddy Blose, Mountainside Senior Living resident, spoke to Council about
    her disability and her living situation, and said she has no other place to go. She asked
    Council to continue to support JABA with funding.
    6
    Ms. Jo Marshall, Mountainside Senior Living resident, said she is 94 years old
    and has been living in Charlottesville since 1936. She spoke of the benefits of living at
    Mountainside. She asked Charlottesville to take care of its own.
    Ms. Cathy vonStorch, Education Coordinator at the Paramount Theatre, spoke in
    support of funding for their educational programs. She described the children they serve
    and how they incorporate school curriculum and SOL testing.
    Ms. Betty Phelan, 3396 Joy Mountain Rd., member of the Education Committee
    for the Paramount Theater, spoke in support of arts education performances at the
    Paramount. She read a letter from Katie Witthauer Murdoch, the gifted education
    specialist at Clark Elementary.
    Ms. Mary Reese, 95 Oak Forest Cir., said she is speaking on behalf of the arts
    education program at the Paramount Theatre. As a retired educator, she understands
    what additional experiences mean to children. She read a letter from a second grader
    thanking her for sending her to a show.
    Mr. Brandon Collins, 536 Meade Ave., on behalf of PHAR, thanked Council for
    considering their funding request, particularly for funding their internship program. The
    program reaches a diverse group of people. He asked if the Coming Home program was
    the same as the Home to Work program.
    Ms. Michelle Bath Bates, PO Box 4754, Founder and Executive Director of the
    FeMale Perspective, reviewed what the FeMale Perspective has done over the past year,
    goals of the program, and their projects. She requested funding for their group, who has
    been operating on private donations since their inception.
    Ms. Debbie Walker, 973 Scott Hill Ln., Scottsville, said the Reentry Summit last
    year was great. She is also a member of the FeMale Perspective and said that words
    cannot describe what the organization has done for her, youth, and their families.
    Ms. Sibley Johns, 1160 Bishop Ln., Executive Dir. of the Music Resource Center,
    asked Council to continue funding at their requested level. The program especially
    serves students with economic challenges.
    Ms. Maxine Holland, PO Box 583, Keswick, spoke in support of Sibley Johns and
    the Music Resource Center. She had a son at the center when he was in high school, and
    she was impressed at the job of the staff and how well they were working with the
    students. She asked Council to continue to fully fund the program.
    Ms. Colette Hall, 101 Robertson Ln., said the City must budget to its needs, not
    its wants. Arts and culture is a perfect example of a want over a need. The school budget
    is out of control, and it has always expected the City General Fund to bail it out.
    7
    Mr. Maurice Cox, 702 Ridge St., asked Council to consider fully funding the
    Music Resource Center. This program serves a range of kids who are at-risk, low income,
    and middle class.
    Ms. Nancy Carpenter, 727 Denali Way, said there are a lot of good programs in
    the City. If you do not like things that are happening, speak to your representatives.
    The public hearing was closed.
    Mr. Norris asked for clarification on cutting arts funding from the Paramount,
    which is not what he thought was happening. He thought it was level funding. Ms.
    Beauregard said the program they are requesting money for was not previously funded.
    Mr. Norris said he wanted to clarify this is not a funding cut. Regarding the FeMale
    Perspective, Mr. Norris said funding better opportunities for young people is how to be
    proactive. He got clarification from Ms. Bates that there were seven staff people needed
    for their program, not seven participants. Council asked for data on the number of
    participants.
    Mr. Norris asked Ms. Johns if the number of City kids declined by 25% from this
    time last year at the Music Resource Center, which is how much funding has been cut.
    Ms. Johns said they are in fact serving more low income students than they ever have, a
    majority of which are from the City. Mr. Norris asked Mr. Jones if the City is going to be
    able to provide an enhanced level of coverage on the downtown mall. He asked if the
    temporary kiosk that has been in place the last couple of weeks was part of the new
    funding request. Mr. Jones said that is funded with overtime dollars from the budget for
    this year and next year.
    Ms. Smith said she continues to support PHAR’s proposal.
    Ms. Szakos said her main concern throughout the ABRT process is that we do
    follow the process. Council should have a good reason not to take the committee’s
    advice on a recommendation.
    Ms. Galvin said it has valuable to see in person how some of these programs
    affect people. We have to come up with more sustainable revenue streams. This
    community wants and needs a lot. She said she appreciates having an objective review
    process, but we need to know when we are deviating and why. She reiterated Council’s
    goals. We may need to look at programs that do not fit all the rules, at least as a pilot.
    Mr. Huja said he is not bothered by the process and is open to considering
    variations in light of new helpful information we have received.
    8
    ORDINANCE: ANNUAL TAX LEVY (carried)
    Mr. Jones said we are not proposing an increase.
    On motion by Mr. Norris, seconded by Ms. Smith, the ordinance carried.
    Ms. Smith asked who qualifies for energy efficiency tax reductions. Ms.
    Beauregard said she will get more information for her.
    ORDINANCE: ANNUAL BUDGET APPROPRIATION FOR FY 2013 (carried)
    Ms. Szakos clarified with Mr. Brown that amendments could be made after a first
    motion.
    On motion by Ms. Szakos, seconded by Mr. Norris, the ordinance carried.
    PUBLIC HEARING / APPROPRIATION: APPROVAL AND APPROPRIATION OF
    CDBG FUNDS FOR FY 2012-2013 (carried)
    Ms. Missy Creasy presented to Council. A public hearing was held by the
    Planning Commission in March.
    Mr. Huja asked if the CRHA health clinic and the PHAR requests were the same.
    Mr. Norris clarified that they are separate requests.
    The public hearing was opened. Having no speakers, the public hearing was
    closed.
    Ms. Smith asked if there was a way to ensure the $12,000 for down payment
    assistance through the Habitat project at Sunrise will go to a city resident. Ms. Creasy
    said that is a requirement of the funding. Mr. Huja said we need to clarify that to Habitat.
    On motion by Ms. Szakos, seconded by Ms. Smith, the appropriation carried.
    On motion by Mr. Norris, seconded by Ms. Smith, the resolution passed
    unanimously. (Ayes: Mr. Norris, Ms. Smith, Ms. Galvin, Mr. Huja, Ms. Szakos; Noes:
    None.)
    REPORT: FLUORIDATION OF WATER
    Dr. Lillian Peake presented to Council on community water fluoridation.
    Fluoride is naturally occurring at generally low levels. Water fluoridation remains the
    9
    most equitable and cost effective method of delivering fluoride to all members of the
    community. Most public water systems are fluoridated.
    Dr. David Coon, President of the Charlottesville Albemarle Dental Society, said
    fluoride in the water is a safe and effective way to prevent tooth decay and promote
    overall oral health. When fluoride was discontinued in cities, instances of tooth decay
    increased.
    Ms. Ellen Tobey, Executive Director of the Community Dental Center, said
    appropriate public policy should be in place to ensure the best possible health outcome
    for the children of the community. Fluoride is beneficial to the overall oral health of
    children and adults, and this has been proven for several years. It is a safe and effective
    public health practice.
    Ms. Smith said she has no doubt that fluoride is good for dental health. She asked
    what the difference between topical applications and systemic applications are
    developmentally. Dr. Peake said the water is a way of delivering the fluoride. Ms. Smith
    asked if one way of delivery is more effective than another for an adult. Dr. Coon said
    some studies say topical application is more effective, but some people do not apply
    properly, even in dental offices, so delivering through water reaches more people more
    effectively. Ms. Tobey said systemic and topical applications work hand in hand. The
    main benefit is it reaches a huge population. Ms. Smith asked if Albemarle County
    children with well water had worse dental health than City children. Ms. Tobey said the
    center sees a huge difference. Mr. Jude Moore with the Office of Drinking Water
    explained the difference between fluoride in water and fluoride in toothpaste.
    Ms. Galvin asked about the interaction of chloramine and fluoride. Mr. Moore
    said he does not know of any issues related to the combination of the two. How corrosive
    the water is can affect it, but water treatment plants are adjusting as part of their corrosion
    control efforts.
    Mr. Huja said fluoride in the water is a good public policy.
    Ms. Smith asked if it is difficult to regulate how much fluoride is in the water on a
    daily basis. Mr. Moore said the Rivanna treatment staff has constant monitors at their
    plants. Very stable levels are maintained. Mr. Norris said his dentist believes strongly in
    holistic health, and he supports keeping fluoride in the water.
    REPORT/ORDINANCE: LODGING AND MEALS TAXES – CHANGES IN DUE
    DATE AND PENALTIES FOR LATE REMITTANCE (carried)
    Mr. Lee Richards, Commissioner of Revenue, presented to Council. Staff is
    recommending a date adjustment to the 20th of the month so it coincides with the Virginia
    sales tax. The money is held in a trust and should be there anyway, so moving the due
    date should not impact anyone. Mr. Richards said staff is seeking to change the penalty
    10
    to 10% in order to bring it in line with surrounding counties. Ms. Szakos asked for an
    estimate of how much revenue the fees would create over the course of a year. Mr. Wray
    said we did not budget an increase in revenue for the increase in penalty. Ms. Szakos
    said because we are already changing the due date, we should not also increase the
    penalty at this time. In response to a question from Mr. Huja, Mr. Wray said the state law
    allows for a charge of up to 10%.
    Ms. Galvin suggested a work session on all fees as a whole picture to see if we are
    in line. Ms. Szakos said she has no problem with being in line, but penalties should not
    be increased at the same time as the date adjustment.
    Ms. Galvin moved the ordinance. There was no second.
    Ms. Szakos moved an amended ordinance, which would keep the penalty at the
    5% level. Ms. Smith seconded. The motion carried.
    REPORT: CHLORAMINES
    Mr. Tom Frederick presented to Council. It is estimated that between 30-40% of
    the population who uses tap water uses chloramine as a disinfectant. We need to make a
    change to comply with new EPA requirements. He reviewed the costs of treatment and
    the safety of various alternatives. Other alternatives could not justify their significantly
    higher costs. A well-researched process involving City staff contributed to this
    conclusion.
    Dr. Stanford, Director of Applied Research at Hazen and Sawyer, spoke to
    Council about the health effects associated with chloramines. Chloramines have been
    used since 1917, so we have almost 100 years of history and research to go on. Several
    major cities have been using chloramines for decades.
    Ms. Smith asked about the effect of chloramines on dialysis patients. Dr. Stanford
    said chloramines impact fish because they transfer directly across their gills into their
    bloodstream. For us, this is not the case, but with dialysis patients, there is an increased
    risk. Education is important. Hospitals and dialysis centers have to know proper
    procedures to remove chloramines and educate their patients. Ms. Smith asked about
    biotech labs. Dr. Stanford said they also need to know the proper procedures for treating
    and using chloraminated water. Ms. Smith asked about irrigation. Ms. Szakos asked if
    chloramines would be getting into streams. Dr. Stanford said that can occur if a water
    main bursts near a pond, but chlorine can kill fish just as quickly. Dr. Stanford said
    chloramines have a long residual only in clean water, but once it reaches a dirty
    environment, it no longer has an effect. Ms. Smith asked about lead. Dr. Stanford said in
    D.C., citizens had high levels of lead in the water and in their blood, but that was because
    they had a problem with water chemistry from unregulated changes in PH balance, not
    chloramines. After making appropriate adjustments the lead issue was resolved, and D.C.
    water is still successfully using chloramines. Rivanna is fully briefed on the issues of PH
    11
    control and corrosion inhibitor. They will do extensive monitoring during the
    distribution to control levels and respond to any changes. Ms. Smith said the City and
    ACSA will also do monitoring. She asked if monitoring was that factored into the cost.
    Mr. Frederick said it was.
    Mr. Norris asked where the $10 million figure came from. Mr. Frederick said we
    are also making changes at the Crozet and Scottsville water plants, so that number
    included all plants in the system.
    Ms. Smith asked how carbon makes chloramines safer. Mr. Frederick said it takes
    out organic matter, so there is less in the water to react to, and this happens before the
    treatment.
    Ms. Smith asked why Scottsville and Crozet are not converting. Mr. Frederick
    said after completing the workshops, some additional mechanical complications were
    revealed because they do not operate 24 hours a day. They are going to use activated
    carbon for the two small plants.
    Mr. Norris asked what the typical cost for installing a filtration system would be.
    Dr. Stanford said it is the same process as deionizing water.
    Ms. Galvin asked what the perceived benefits of other options were. Dr. Stanford
    said other processes allow you to lower the total organic load.
    Ms. Smith asked which process has the fewest byproducts. Dr. Stanford said it
    depends on how you operate the system.
    Ms. Smith said if anything goes wrong with lead leaching, it will
    disproportionately affect the City because we have older homes. Mr. Frederick said we
    take the lead issue very seriously. Rivanna made the decision a year ago, and the design
    process is 60% complete. We are also facing an EPA deadline. We have applied for a
    deadline extension, which would give us until October 2014.
    Ms. Szakos said she is impressed with the process and does not feel compelled to
    change the plan. Mr. Huja agreed, even though he was originally against the idea. Ms.
    Galvin said the EPA does a lot to demonstrate on their website that chloramines are safe.
    Mr. Norris said his preference would be to hold off on it, but senses he is in the
    minority. He requested that we give the opportunity for concerned citizens to hear from
    the experts and be able to ask direct questions. Dr. Stanford said he is available for a
    public education work shop.
    Ms. Smith said she would rather use carbon filtration and go with chlorine as the
    secondary. She asked if chloramines increase nitrogen loads. Dr. Stanford said effectively
    it does not, because such a small concentration is added to the water supply.
    12
    OTHER BUSINESS
    Mr. Norris asked for clarity on the marijuana issue. Ms. Galvin asked for a
    presentation from Tom Von Hemert from the Community Criminal Justice Board so that
    we understand this on a comprehensive level. Council agreed to invite him.
    Mr. Huja said we should add an agenda item on disproportionate contact between
    minorities and the justice system to our agenda for discussion only, not action.
    Mr. Norris said he would like to address the issue of how we can become a
    community of choice for professionals of color across the board, not just people in City
    Hall.
    Ms. Galvin said we also need to have a work session on our priorities.
    MATTERS BY THE PUBLIC
    Ms. Lorrie Delehanty, 645 Evergreen Ave., said she has 35 years of experience in
    chemical research. When you put fluoride and chloramine together, you get the reaction
    that leaches lead. You cannot maintain PH at an exact level all the time. Conditions
    cannot be perfect 100% of the time, and that is what has to happen for this to work well.
    Mr. Scott Bandy, 1639 Cherry Ave., said he is advocating for people with
    immune deficiencies. He thanked the RWSA for not excessively fluoridating the water.
    Ms. Joanie Freeman, 609 E. Market St., thanked Mr. Norris for saying the public
    needs to be informed about this. We should educate the public about what Ms. Delehanty
    shared with Council. We still need reassurance.
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE HELD
    ON Tuesday, April 3, 2012, AT 5:00 p.m. IN THE Basement Conference Room.
    THE PROPOSED AGENDA IS AS FOLLOWS:
    Budget Work Session
    BY ORDER OF THE MAYOR By: Paige Barfield
    BASEMENT CONFERENCE ROOM – April 3, 2012
    Council met in special session with the following members present: Mr. Huja, Ms.
    Szakos, Mr. Norris, Ms. Galvin, Ms. Smith.
    Ms. Beauregard presented Council budget amendments. Staff will monitor amended
    commitments during the fiscal year. Ms. Szakos said we should only grant level funding if
    performance over the course of the year warrants it. Ms. Galvin said she is concerned the
    Council Priority Initiative fund is not being used towards Council’s stated priorities. Mr. Norris
    said the terms are confusing; the Council Priority Initiative fund is really a contingency fund, not
    a fund for Council priorities.
    Ms. Beauregard reviewed the Council Priority Initiatives account. Mr. Huja asked for
    interim reports for the Transit Study. Ms. Beauregard reviewed Sources of Funds to explain
    where funds were coming from.
    Ms. Beauregard reviewed the remaining budget issues for ABRT-reviewed agencies. Mr.
    Huja said we should leave funding for the Music Resource Center at 10% to align with the fact
    that 10% of their children are City residents. Mr. Norris supports full funding for the center. The
    number of City kids has not gone down, and they are continuing the same quality work they have
    done for years. Ms. Galvin said she is not aware of what other community collaborations Music
    Resource Center is doing, as Paramount is. Ms. Smith said she supports full funding. Ms.
    Galvin said she does not support funding at the full amount. Ms. Szakos said she is balking at
    the whole process, but the Music Resource Center is something she supports. Mr. Huja said he is
    in agreement with Ms. Galvin. Ms. Smith said she wanted presentations from groups requesting
    ABRT funds in the future. Mr. Norris said we could set aside funds contingent upon
    performance. Ms. Galvin said she would support funding at $6,800. Mr. Huja supported $6,800
    as well.
    Mr. Huja said he is opposed to cutting funding for the Municipal Band. They are a good
    program, they provide business for downtown, and backing out at the last moment seems unfair.
    Ms. Smith agreed that it was too late to cut funding at this point. Ms. Szakos said we should let
    them know this is a lot of money, and next year they need to do some fund raising from other
    sources, because there will be less.
    Ms. Galvin asked Council to consider Boys and Girls Club summer youth programs.
    Mr. Huja requested setting aside money for the JABA/Mountainside funding pending
    finalization of the MOU. Ms. Szakos said the MOU process is a good way to support them. Ms.
    Galvin agreed with Ms. Beauregard’s recommendation for waiting for the MOU. Ms.
    Beauregard will report back to Council when the memo comes through from the JABA staff.
    Council considered budget issues that did not go through ABRT process.
    Ms. Galvin said it would be worth funding The FeMale Perspective as a pilot program.
    Funding for youth programming is lacking. We should fund them at the same level as PHAR.
    Ms. Szakos asked for outcomes for the Youth Leadership Initiative before they agreed to fund.
    She said perhaps they could apply for money from the Council Priority fund. Mr. Norris said he
    is interested in funding the Weekends in the Park program, especially because it is in the summer
    when activities are lacking. Ms. Galvin said she could support that. Mr. Brown said the City will
    need verification that the agency is a charitable organization. Ms. Bates said they work through
    Virginia Organizing. They are not an independent 501 (c)(3). Mr. Brown said we have to do
    more research; Council’s funding ability is limited strictly to charitable organizations. Mr.
    Brown said the City does not assume liability by virtue of funding. Ms. Galvin suggested
    funding for a youth program or a summer program. Ms. Szakos and Ms. Smith said they needed
    more information to make a decision.
    Mr. Norris recommended that the PHAR Platform work with the Housing Authority in
    choosing how to use their allocation, be it towards administrative needs, the central office, or
    something else.
    Ms. Szakos asked what the profit of the golf fund is. Mr. Wray said last fiscal year it was
    $2,000 in the red, but that was because the course had to be closed for a portion of time. The
    year before, they made a $50,000 profit. He clarified that fund balance was an issue for the golf
    program.
    Council asked questions about the First Tee funding structure, the curriculum, and the
    enrollment structure for children based on financial need. Ms. Galvin asked why we are not
    paying a percentage relative to the number of City kids participating, as we decided with the
    Paramount program. Mr. Jones said First Tee is a City program. Ms. Szakos said she supports
    funding so it can continue this year as planned, but she would not encourage the program to build
    because we may not support it in the future. Ms. Smith said the program may not have to end,
    but may have to adapt instead. Mr. Norris agreed with Ms. Smith. Ms. Galvin said we have to
    seriously assess whether this is the right kind of program for us. Ms. Smith said she supports
    funding at $40,000. The remainder would be covered by a $12,000 grant and potential funding
    from the county in the amount of $8,000. Ms. Beauregard clarified that we need to adjust the
    revenue side. Mr. Daly said they will have to approach revenues and expenditures to figure out
    how to make FY13 work within this parameter. Staff will have the amendment ready for Council
    by next Tuesday.
    Ms. Galvin recommended taking the $20,000 difference and funding the Boys and Girls
    program. Mr. Huja said there is not enough research to support this program over others. Ms.
    Szakos said we should do an RFP for summer programs, inviting all non-profit charitable groups
    to participate. Mr. Brown clarified that if you engage in a competitive procurement process,
    there is not a requirement that the group be non-profit. Council agreed to make the total amount
    $50,000, using the $30,000 they were considering for the FeMale Perspective’s Tonsler Program.
    Mr. Huja asked Council if we should be so eager to spend the money. Ms. Galvin said
    summer youth programs are needed and a priority. Ms. Beauregard said Council will still have
    $111,000 left in the priority fund as well. Mr. Brown said an RFP does not obligate Council to
    spend the funds.
    Council agreed to these final amounts: to the Paramount education program, $16, 700; to
    the Music Resource Center, $6,8000; to the summer program contest, $50,000; to the
    JABA/Adult Care Scholarships, $12,000.
    Mr. Jones said Ms. Smith’s idea of thoroughly reviewing organizations that receive
    funding is a good idea. Staff can schedule a work session to accomplish this in the summer. Ms.
    Galvin said we should align our budget with our priorities as well. Ms. Beauregard said she
    wants to tie it into performance indicators as part of the 2014 process.
    Mr. Norris asked for clarity about funding for the replacement $12,000 for adult care as a
    result of loss of funding for the program United Way dropped. There are six scholarships for
    City residents who will lose funding. Council voiced unanimous support.
    Ms. Galvin said we should discuss why past programs have failed.
    Public Comment
    Ms. Penny Bosworth, Board of Directors at the Paramount Theatre and Chair of the
    Education Committee, said every program we choose is in collaboration with school teachers to
    reflect things that carefully meet all the SOLs. Children learn when it is fun.
    Ms. Cathy vonStorch said 1,456 students were City students this year, and another 200 -
    300 were on a waiting list. City students increased by 25%. There was a 50% increase in the
    number of City kids who benefited from scholarship funds for tickets.
    Mr. Dominique Morris, City resident, said he is a First Tee participant. Council should
    not take resources from the program. It is more about golf; it is also about character. The
    program includes those who have not historically had access to golf, and it changes culture.
    Mr. Norris clarified that the amount of funding for First Tee is the same, but the sources
    are different.
    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, April 10, 2012, AT 5:30 p.m. IN THE Second Floor Conference Room.
    THE PROPOSED AGENDA IS AS FOLLOWS:
    ORDINANCE: Lodging and Meals Taxes – Change in Due Date (2nd reading)
    RESOLUTION: Establishing 2012 tax year Tax Relief Percentage (1st of 1 reading)
    ORDINANCE: Annual Tax Levy (2nd of 2 readings)
    ORDINANCE: Annual Budget Appropriation for FY 2013 (2nd of 2 readings)
    BY ORDER OF THE MAYOR By: Paige Barfield, Clerk of Council
    SECOND FLOOR CONFERENCE ROOM – April 10, 2012
    Council met in special session on this date with the following members present: Ms.
    Galvin, Ms. Szakos, Mr. Huja, Mr. Norris, Ms. Smith.
    ORDINANCE: LODGING AND MEALS TAXES – CHANGE IN DUE DATE (2nd reading)
    The ordinance entitled “AMENDING AND REORDAINING SECTION 30-256 OF
    ARTICLE IX, AND SECTION 30-287 OF ARTICLE X, OF CHAPTER 30 OF THE CODE OF
    THE CITY OF CHARLOTTESVILLE, 1990, AS AMENDED, TO CHANGE THE DUE DATE
    FOR REMITTING LODGING AND MEALS TAX REVENUE TO THE CITY”, which was
    offered on April 2, 2012, was approved unanimously. (Ayes: Ms. Galvin, Ms. Smith, Ms.
    Szakos, Mr. Huja, Mr. Norris; Noes: None.)
    RESOLUTION: ESTABLISHING 2012 TAX YEAR TAX RELIEF PERCENTAGE
    On motion by Ms. Smith, seconded by Mr. Norris, the Resolution Establishing the
    2012 Tax Year Tax Relief Percentage was approved unanimously. (Ayes: Ms. Galvin, Ms.
    Smith, Ms. Szakos, Mr. Huja, Mr. Norris; Noes: None.)
    ORDINANCE: ANNUAL TAX LEVY (2nd reading)
    The ordinance entitled “AN ORDINANCE TO ESTABLISH THE ANNUAL TAX
    LEVY ON VARIOUS CLASSES OF PROPERTY FOR THE PAYMENT OF INTEREST AND
    RETIREMENT OF THE CITY DEBT, FOR THE SUPPORT OF THE CITY GOVERNMENT
    AND CITY SCHOOLS, AND FOR OTHER PUBLIC PURPOSES,” which was offered on April
    2, 2012, was approved unanimously. (Ayes: Ms. Galvin, Ms. Smith, Ms. Szakos, Mr. Huja, Mr.
    Norris; Noes: None.)
    APPROPRIATION: ANNUAL BUDGET APPROPRIATION FOR FY 2013 (2nd reading)
    At Mr. Huja’s request, Ms. Beauregard summarized budget amendments since the first
    reading.
    On motion by Ms. Szakos, seconded by Mr. Norris, the Budget Appropriation for FY
    2013, which was offered at the April 2, 2012 meeting, was approved unanimously, as amended.
    (Ayes: Ms. Galvin, Ms. Smith, Ms. Szakos, Mr. Huja, Mr. Norris; Noes: None.)
    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 16, 2012, 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 16, 2012
    Council met in special session on this date with the following members present:
    Ms. Galvin, Mr. Huja, Mr. Norris, Ms. Szakos, Ms. Smith.
    On motion by Ms. Szakos, seconded by Ms. Smith, Council voted, (Ayes: Mr.
    Huja, Mr. Norris, Ms. Smith, Ms. Szakos; Noes: None), to meet in closed session for:
    (1) Consultation with legal counsel and briefings by staff members pertaining to the
    pending litigation involving the Ragged Mountain Dam Project Agreement and the Water
    Cost Allocation Agreement, 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) Discussion of the acquisition of real property located on Old
    Lynchburg Road for the purpose of a public storm water retention system or for public
    park purposes, 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); 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 Ms. Smith, Council certified by the
    following vote (Ayes: Mr. Huja, Mr. Norris, Ms. Szakos, Ms. Smith; Noes: None; Absent
    at time of vote: Ms. Galvin), 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 16, 2012
    Council met in regular session on this date with the following members present:
    Ms. Galvin, Mr. Huja, Mr. Norris, Ms. Smith and Ms. Szakos.
    2
    ANNOUNCEMENTS
    Mr. Huja read a proclamation for Arbor Day. Ms. Bitsy Waters, Chair of the Tree
    Commission, was present to accept the proclamation.
    Ms. Smith read a proclamation for National Park Week. Ms. Susan Sherman,
    Executive Director of Shenandoah National Park Trust, and Ms. Jennifer Flynn, Deputy
    Superintendent of Shenandoah National Park, were present to accept the proclamation.
    Mr. Huja read a proclamation for Distracted Driving Awareness Month. Ms.
    Maggie Pearson, Director of Communications at Michie Hamlett, was present to accept
    the proclamation.
    Mr. Norris announced the City’s spring Job Fair on Wednesday, April 25 at the
    John Paul Jones Arena. Also, pool passes are on sale starting April 16. More
    information is available at www.charlottesville.org.
    Ms. Smith announced the Piedmont Council for the Arts program, Arts Reach,
    providing access to the arts for the underprivileged. She also announced the Ivy Creek
    Natural Area will host a public event Saturday, April 21 in honor of the barn reopening.
    Earth Week starts Sunday, April 22. The EcoFair is taking place in the Main Street
    Arena.
    Ms. Galvin announced the Bridge Panel Discussion on April 17. Also,
    Charlottesville Tomorrow is sponsoring a program on Placemaking on April 26 at the
    Omni Hotel.
    Ms. Szakos encouraged citizens to attend the City Market every Saturday, open
    until noon. From 9:00 a.m. – 10:30 a.m., there will be an opportunity to meet with a City
    Councilor. Also, there will be an open house for the Meadowcreek Stream Restoration
    Project at Charlottesville High School next Monday. Ms. Szakos also announced the GIS
    Web Application mapping event Tuesday, April 17 at CitySpace.
    Mr. Huja reminded citizens about the Mayor’s Challenge for Water Conservation.
    Go to www.mywaterpledge.com to register and learn more.
    Mr. Norris announced a panel will present Vinegar Hill Monument ideas at
    Burley Middle School on Friday, April 20.
    On motion by Mr. Norris, seconded by Ms. Szakos, the following appointments
    were made to Boards and Commissions: to the Building Code Board of Appeals, Mr.
    Dennis Moler; to the Personnel Appeals Board, Mr. Melvin Malory. (Ayes: Mr. Norris,
    Ms. Szakos, Mr. Huja, Ms. Galvin, Ms. Smith; Noes: None.)
    3
    MATTERS BY THE PUBLIC
    Mr. Ken Case, 904 Blue Ridge Dr., Staunton, asked Council to read the twelve
    point bulletin he sent out and provide it to Dr. Peake for her information. Read the book
    Fluoride Deception. Please also put this on the website to inform the public. Involve
    young people, and put together a forum, including the head of the ADA and Department
    of Health to defend their positions. It should be a national issue. He presented a picture of
    dental fluorosis. He said this issue effects blacks more than whites.
    Ms. Emerald Young, 237 Yellowstone, requested Council and the Board of
    Supervisors add a warning to water bills about giving infants fluoridated water, which
    increases their chances of dental fluorosis. Infants are the most likely to be harmed by
    fluoridated water.
    Ms. Betty Mooney, 201 Sunset Ave., said she heard on WINA from leading
    doctors that citizens should beg Council not to put chloramines in the water. Chloramine,
    especially combined with fluoride, will cause health problems, leach lead from home
    appliances, and impact our business community. She asked Council to ask for a halt of all
    work being done by RWSA until independent research has been conducted.
    Mr. Paul Collinge, 1623 Bruce Ave., owner of the Heartwood Bookshop at the
    Corner, said his is concerned about parking lots, especially about abusive towing
    companies. They should be regulated. He also asked for signage alerting citizens of
    parking changes in advance of implementation. This will help give visitors a better
    experience in the City.
    Mr. Jeff Fogel, 215 Spruce St., representing the Coalition on Criminal Justice
    Board, said he is disappointed in the lack of feedback on a task force regarding
    disproportionate minority contact and a human rights commission.
    Ms. Angela Ciolfi, 805 Nalle St., Legal Director of the Just Children program of
    the Legal Aid Justice Center, referenced the report on disproportionate minority contact
    and urged Council to move forward on these issues.
    Ms. Nancy Carpenter, 727 Denali Way, said the space at Water Street should be
    the permanent home of the City Market. She said the Dialogue on Race event this
    weekend produced concrete concerns about education, diversity, local politics, and law
    enforcement. There should be an active commission addressing disproportionate minority
    contact.
    Ms. Rosy Purdy asked Council to support decriminalizing marijuana. She said
    people who have been criminalized have been silenced because they do not want their
    faces on the record. OAR and Region 10 are supposed to be treatment facilities, but the
    programs are underfunded. She asked Council to protect humanity.
    Mr. Stratton Salidis, 704 B Graves, said wasting public money on projects such as
    the parkway and the dam could not happen without public deception.
    4
    Mr. Daniel Purdy, 776 Prospect Ave., said he is Ms. Purdy’s brother. He
    encouraged the City to look at this from a reverse perspective, that if marijuana were
    legal, we would not have a public outcry demanding criminalization, especially with the
    standards that have been set with alcohol and tobacco.
    Ms. Deidre Gilmore, 613 Hinton Ave., said she visited a juvenile detention center,
    but it was more like a juvenile prison. She said there is something terribly wrong with
    incarcerating young teenagers. You are simply breeding them for the bigger prison
    system.
    Mr. Brandon Collins, 536 Meade Ave., said he is speaking on behalf of PHAR,
    who recently joined the Criminal Justice Coalition. They support the formation of a task
    force to address disparity in the justice system. He said there is racism in the criminal
    justice system. He asked Council to address the war on drugs.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Ms. Smith said we will have a public information session on chloramines. She
    agreed with Ms. Gilmore that we need to start early and figure out how our children end
    up in juvenile prison, and not wait until they are arrested.
    Mr. Norris said to Mr. Fogel, a report on racial and ethnic disparities in the
    Charlottesville Juvenile Justice system was included with their materials and will
    certainly inform Council’s discussion this evening. On May 21, Council will discuss
    recommendations from the Market District and finding a permanent home for the City
    Market. A marijuana resolution will be on the agenda for discussion on May 7. He
    thanked Ms. Gilmore for making the issue personal.
    Ms. Szakos said we do not even have to agree whether or not the issue is about
    race to know that we have to do something about disproportionate minority contact and
    incarceration of children. She said she does not feel the need to revisit fluoridation. She
    asked if staff could examine possibilities for the parking lot situations Mr. Collinge
    brought to Council. She agreed that we need a permanent home for the City Market. She
    is looking forward to the discussion about marijuana at an upcoming meeting. She told
    Mr. Salidis the Orange Dot Project had nothing to do with the Free Enterprise Forum or
    the Nature Conservancy.
    Ms. Galvin said she would like to create a Q&A fact sheet on chloramines. She
    said there are severe cost implications for other options. We need to move on to other
    very important issues, such as getting employment for our struggling citizens.
    Mr. Huja said he wants to see the parking issues resolved so we can be welcoming
    to visitors to our community. He said he is looking forward to the discussion about the
    city Market and finding a solution. He told Mr. Salidis he made his decision on the water
    plan based on what he thought was best for the community.
    5
    CONSENT AGENDA
    Ms. Smith asked if there was any accommodation for income level for the
    Energize!250 program. Mr. Jones said anybody may participate. Ms. Smith asked for
    clarification on outstanding issues at the Smith Aquatic Center. Mr. Daly said there are
    still a few items staff is working through, but from a funding perspective, it is considered
    complete.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the following consent
    agenda items were approved: (Ayes: Ms. Galvin, Mr. Huja, Mr. Norris, Ms. Szakos, Ms.
    Smith; Noes: None.)
    a. Minutes for March 19, March 21, March 22
    b. APPROPRIATION: Virginia Department of Health Special Nutrition Programs -
    $95,000 (2nd reading)
    c. APPROPRIATION: Domestic Violence Services Coordinator Grant - $47,548
    (2nd reading)
    d. APPROPRIATION: Appropriation of Funds for CDBG FY 2012-2013 -
    $441,300.75 (2nd reading)
    e. APPROPRIATION: Police Department - Special Events Overtime and Misc.
    Revenue - $72,876 (carried)
    f. RESOLUTION: Energize!250: A Residential Energy Efficiency Campaign
    in honor of Charlottesville!250 - $50,000
    g. RESOLUTION: Reallocation of Funds (Capital and General Fund) – Carver
    Recreation Center and Tonsler Park Playground - $370,000
    PUBLIC HEARING / RESOLUTION: ISSUANCE OF SERIES 2012 BONDS
    Ms. Krisy Hammill presented to Council. She summarized the bond process and
    said the City expects to maintain their AAA bond rating. The sale is scheduled for the
    middle of May.
    Ms. Szakos said she assumed that if for some reason they would say the bond
    rating would change, they would stop the process and come back to Council. Ms.
    Hammill said they cannot come back after a rating has been established, but they are
    confident this will not happen.
    The public hearing was opened. Having no speakers, the public hearing was
    closed.
    On motion by Mr. Norris, seconded by Ms. Szakos, the resolution passed
    unanimously (Ayes: Mr. Norris, Ms. Szakos, Mr. Huja, Ms. Galvin, Ms. Smith; Noes:
    None.)
    6
    PUBLIC HEARING / ORDINANCE: SALE OF ELLIOTT AVE. PROPERTY
    (carried)
    Mr. Jim Tolbert presented to Council. He explained the sale history, the
    guidelines for the project, and the RFP process. Staff recommends that the property be
    sold to the Habitat for Humanity and Southern Development team. Considerations
    included clean-up costs for the site, development track records of applicants, better
    designed partnerships with CRHA and Region 10, and a commitment to providing
    housing through CRHA and Region 10. The closing will not take place until all
    approvals are in place. Mr. Tolbert shared conceptual site plans from the chosen
    applicant.
    Mr. Norris said we should encourage the chosen team to work with the other
    applicants in incorporating desirable aspects of both designs. Mr. Tolbert said that would
    be a part of the community process in reaching a final design.
    In response to a question from Ms. Smith about the contract, Mr. Tolbert said it
    locks in the number of units within a small range. Council will have the opportunity to
    give final approval.
    Ms. Smith asked whether the City has owned this piece of property for a long
    time and if it has ever been part of the cemetery. Mr. Tolbert said we have owned it for a
    long time, and it has never been part of the cemetery. Ms. Smith asked if the cemetery
    would lose trees as part of the plan. Mr. Tolbert said it would not.
    The public hearing was opened.
    Mr. Doug Ford, County resident and Habitat for Humanity board member, said
    Habitat is grateful to Council and staff for their support of affordable and mixed income
    in housing communities. This project converts what could be a liability into an asset. He
    asked audience members in support of the project to stand.
    Ms. Jeanne McCusker, county resident and City business owner and Habitat for
    Humanity board member, thanked Council for their support and said this is an
    opportunity to create a wonderful mixed income development in the City.
    Mr. Blake Caravati, 1108 Little High St., said he is with Milestone Partners and
    the owner of immediately adjacent land. He thanked Council for the opportunity to bid on
    the project. He said they know the neighborhood very well and believes their design team
    and development experience is equal to the other team, but risk is a big issue. He said tax
    revenue over time will easily ameliorate any upfront costs the City would have to pay to
    implement their project. He asked Council to entertain both proposals.
    Mr. Brevy Cannon, 710 Ridge St., said he is also an adjacent property owner. He
    seconded Mr. Caravati’s comments and asked Council to entertain a five minute
    presentation from their team. He said their proposal does a better job of creating
    connections with three potential access points. They are opposed to a cul-de-sac as part
    7
    of the design. He said there should be a diversity of developers in this area of the City,
    which has borne a burden of low income housing historically. Their proposal has broken
    housing types into thirds, which has recently received national attention for being an ideal
    ratio. He described several design aspects of his group’s proposal.
    Mr. Dan Rosensweig, 740 Lexington Ave., Executive Director of Habitat for
    Humanity, said Mr. Armstrong’s team is taking 100% of the risk and will not ask for any
    Charlottesville Housing Fund money. Their plan will break the cycle of public housing
    and move residents into self-sufficiency.
    Ms. Barbara Pilky, Ridge St., said both proposals are good and strive to do things
    the City wants and needs. She has worked with Mr. Caravati providing affordable
    housing along Ridge Street for forty years. She asked for a chance to present their
    concept to Council before a decision is made.
    Having no further speakers, the public hearing was closed.
    Ms. Galvin said she appreciated receiving the latest round of drawings from the
    Southern Development / Habitat team. She said it is unfortunate the public does not get to
    see the drawings side by side. She said she is not looking at this programmatically,
    because both have excellent programs. She is looking at it from an urban standpoint. The
    Habitat proposal has a strong street elevation and is in keeping with the rhythm of a street
    block network the City has in its neighborhoods. She said the Milestone Project has lots
    of backs of houses facing public spaces, which is a suburban orientation. Habitat has a
    much more public face. There was more efficiency in a circulation system and pedestrian
    friendly aspects to the Habitat project. She appreciated Milestone making a connection to
    Ridge Street.
    Ms. Szakos said both of these proposals seem great, but especially because staff
    has reviewed them both and recommends the Habitat site, and because she looks at the
    concept of how community is formed, she leans towards the Habitat site. She said she
    was pleased to hear their first phone call will be to the Milestone Partners, because they
    do have important insight as to what is best for the neighborhood.
    Ms. Smith said she was disappointed Council did not get presentations from both
    groups. There were benefits to both proposals, and she particularly liked that Milestone
    Partners provided more than one access. There is a limited density, and the bottom line is
    the south side of the City bears the biggest brunt of poverty, and we are putting more
    poverty there. She is concerned about adding more poverty to Clarke Elementary School.
    She asked for some guarantee that there would be an attempt to make at least half the
    units for residents that already live in Charlottesville. These should go to residents who
    have experienced generational poverty.
    Mr. Norris said Habitat lifts people out of poverty. He agreed with Ms. Smith’s
    second point, that this project and other Habitat projects are helping long term. Mr.
    Norris said he supports the Habitat/Southern Development proposal. He asked the group
    8
    to borrow some elements of the Milestone Partners design, such as the flow of traffic,
    connections to adjoining property owners, and some other design elements.
    Mr. Huja said he agreed that we need to give the first opportunity to people who
    are City residents. He said the proposal will be an asset to the community and set a good
    trend.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the ordinance passed, with
    the addition of language to the draft of the contract at Ms. Smith and Ms. Galvin’s
    requests. Ms. Szakos accepted the amendment to her motion. Ms. Galvin asked to add
    increased connection points to the criteria. Mr. Tolbert said staff can address this to the
    extent possible and will provide an amended contract for the second reading.
    REPORT: TREE COMMISSION UPDATE
    Ms. Bitsy Waters presented an update to Council on the work of the Tree
    Commission. The Commission is focusing their work on public outreach and awareness,
    legislative and regulatory initiatives, and offering comments on City plans and activities
    that effect trees. She read a statement from the Tree Commission on the planning process
    for the East Side of McIntire Park.
    Ms. Smith thanked Ms. Waters for her presentation and asked the Clerk to
    distribute the report to Council.
    Mr. Galvin asked if there is an inventory component to see if there is a lack of
    particular street trees. She said there is an opportunity for collaboration with the PLACE
    Design Task Force. Ms. Waters said the City already has a fair amount of data about tree
    coverage by corridor.
    Ms. Szakos encouraged the Commission to join forces with other entities like
    them around the state and the country. She asked for advice on encouragement we could
    give to Virginia Dominion Power to enable trees and electricity to peacefully coexist.
    Mr. Norris thanked Ms. Waters and members of the Tree Commission.
    Mr. Huja said he was relieved to see a group of citizens looking after the trees. He
    said Council has tried to allocate money for trees.
    REPORT / ORDINANCE: SPEED LIMIT ON 250 BYPASS (carried)
    Ms. Donovan Branche presented to Council. State law requires localities to
    conduct a traffic engineering study to support changes in speed limits. The study
    conducted by RK&K concluded that the current posted speed limits on the Route 250
    Bypass are appropriate from an engineering and safety standpoint.
    9
    Ms. Szakos said she was relieved to hear the study confirmed that 35mph was an
    appropriate speed for that particular section of the 250 Bypass. She asked if we could put
    up flashing signs to call attention to the limit.
    Ms. Smith asked for clarification on the engineering study. Ms. Branche said the
    consultant reviewed the original roadway plans to determine the anticipated design and
    operating speeds for the corridor when it was originally constructed, and also to
    determine the appropriate design speed of the road based on current design criteria. Ms.
    Smith asked if going down in speed limit is discretionary, or if there are legal limits. Ms.
    Branche said there are legal limits; a reduction in speed must be in accordance with legal
    warrants. Mr. Brown said the state statute stipulates that if you raise or lower a speed
    limit, it has to be supported by a traffic engineering study. Ms. Smith asked if we would
    need an engineering study in order to explore reducing speed limits along certain
    stretches. Ms. Branche said we would.
    Ms. Galvin said you cannot get rid of an arterial, but you may be able to do a lot
    with local roads to slow down traffic, such as adjust their width. Preston Avenue would
    be an interesting road to study, especially because it never got the full build-out that was
    envisioned in the 1960s.
    Mr. Norris said the stretch of bypass currently set at 35mph between McIntire Rd.
    and the west side of the park by the fire station should be increased. He would like to see
    this reevaluated in the future, especially once the traffic light is removed.
    On motion by Ms. Szakos, seconded by Ms. Smith, the ordinance carried.
    REPORT: DISPROPORTIONATE MINORITY CONTACT
    Mr. Mike Murphy introduced Ms. Gretchen Ellis, who presented a power point
    presentation. Ms. Ellis reviewed the task force charge and listed the task force members.
    Dr. Reppucci, Professor of Psychology at the University of Virginia and a member of the
    task force, gave an overview on the difference between disparity and disproportionality.
    Disparity and disproportionality exist across education, physical and mental health, child
    welfare, and juvenile justice, both locally, statewide and nationally. However, limited
    data is available. Data was collected by the Virginia Department of Criminal Justice
    Services Research Unit. The task force also did an analysis of local data provided by the
    16th District Juvenile Court Services Unit. Ms. Smith confirmed that a solid sample was
    obtained.
    Mr. Todd Warner presented an overview on the proportion of African-American
    and Caucasian children that live in Charlottesville versus the proportion of adolescents in
    the Juvenile Justice System by Race. His research showed no difference for family,
    school and individual risk factors regardless of youth residence. Ms. Szakos asked to
    confirm that he is saying if they were involved with the justice system at all, they have
    similar risk factors. He confirmed that was true. Also, there are no differences for youth
    with regard to number of prior offending behaviors and interactions with juvenile justice,
    10
    and no differences for current offense type between African American and Caucasian
    youth. He showed a graph with a comparison of African American and Caucasian youth
    outcomes at different stages of the legal process. Ms. Smith clarified that these numbers
    are proportional to the population. Ms. Ellis said we do not have a lot of information
    about specific risk factors across the population.
    Ms. Ellis reviewed the task force recommendations, which are to expand
    mentoring opportunities for African American youth, particularly young men; develop
    model sets of policy and procedure at every step in the juvenile justice process; develop a
    “shepherding” program for youth entering the juvenile justice system to provide guidance
    and advocacy; provide effective, engaging training in cultural proficiency to juvenile
    justice staff; and expand job training and employment opportunities for youth.
    Ms. Galvin asked what the best course for implementation would be. Ms. Ellis
    said we are looking at grant opportunities, but we have not had staff capacity to support
    the task force moving forward. Ms. Szakos asked if Ms. Ellis recommended a task force.
    Ms. Ellis said we could create a subgroup from existing entities that address these issues.
    Ms. Galvin said the grant application identified community groups for collaboration. She
    said the grant application and the study has given us the structure to solve the problem.
    Ms. Smith asked if it was possible to look at risk factor at the baseline
    proportionality. Ms. Szakos said there is still a disproportionate outcome of the children
    who are arrested. Mr. Norris said he understands that the City will begin to collect prearrest
    data.
    Mr. Fogel said this issue is not isolated to juveniles. It is important to look at
    contact prior to arrest. Ms. Galvin said it would cloud the issue to bring in other groups
    at this time. Young adults are the urgent group. Ms. Szakos said we should start moving
    forward on the kids while we gather data on adults.
    Mr. Murphy said about 40% of the task force is African American. He highlighted
    the work that went into talking with community partners in preparation for the grant.
    Ms. Galvin said JJAC is currently a cross jurisdictional committee, and she asked
    how a City-appointed task force can have jurisdiction with cross jurisdictional entities,
    especially when this is a bigger, systemic regional issue. Mr. Murphy said they
    specifically engaged some of the players, and there was willingness to cooperate. Ms.
    Smith asked the researchers if they saw the same patterns in Albemarle. They said they
    do.
    Mr. Norris asked if there is the option, as Ms. Szakos suggested, of broadening
    this beyond juveniles. Ms. Ellis said they are very different systems. Ms. Szakos said the
    Commission on Human Rights may be able to incorporate some of this into the work they
    are already doing.
    Ms. Smith said the task force should not deal with both how to prevent arrest and
    what happens after the arrest. Ms. Galvin asked why action cannot happen regardless of
    11
    whether or not we get the grant. Mr. Huja said Council should proceed with a task force
    and then form a small group of people to discuss adult issues. Ms. Galvin said the youth
    are critical.
    Ms. Galvin moved to accept the report on Juvenile Justice Disproportionality and
    move forward to implement the recommendations from the study, with or without the
    grant. Staff should broaden representation on the steering committee originally
    envisioned for the grant. Ms. Szakos said Council should have a representative on the
    committee. Mr. Norris said the group should include key stakeholders from Mr. Fogel’s
    coalition to bring fresh perspective to this issue. Ms. Smith requested that someone
    experienced in research be included. Ms. Szakos seconded Ms. Galvin’s motion.
    Ms. Szakos for five people to be named to an ad hoc committee appointed by
    Council, who will work with Mr. Von Hemert to identify where we need to go with
    adults. Mr. Huja agreed. Council asked for Mr. Jones to report back at the next meeting.
    REPORT: YOUTH COUNCIL
    Mr. Mike Murphy gave Council background on research that has been done on
    forming a youth council in Charlottesville. The proposed Charlottesville Youth Council
    would help assist the City Council and other governmental organizations in developing
    stronger and sustained relationships with area youth and provide input on critical issues.
    Ms. Galvin asked if there is support from the City school division. Ms. Szakos
    said it would be helpful if they had an advisory role on the School Board, which we
    cannot mandate. Ms. Smith said it is generally a good idea, but we have to be careful
    about the composition and balance. She asked Mr. Jones about staff obligations. Mr.
    Jones said staff believes the Youth Council is a great idea. There is a concern that we are
    expanding responsibilities without expanding the number of staff. Mr. Jones said staff
    will come back with a recommendation for Council in May.
    OTHER BUSINESS: TOMTOM FUNDING APPROPRIATION
    Mr. Paul Beyer and Mr. Oliver Platts-Mills addressed Council with a request for
    funding to support community activities that are taking place as a part of the TomTom
    Festival. The requested support for community programming that fulfills missions of the
    City and is currently being done for free. They also asked Council to acknowledge the
    festival and be a supporter.
    Mr. Norris asked how the geography of the IX site and the fact that it is
    surrounded on every side by low income housing will influence what TomTom is going
    to do to make sure all residents of those neighborhoods feel invited and encouraged to
    attend. Mr. Mills said they are looking for help from the City with reaching out to
    various neighborhoods, including those beyond the adjacent neighborhoods. Mr. Norris
    said he thinks this has real potential to build community.
    12
    Ms. Szakos asked if permits have been obtained. Mr. Beyer said they have
    applied for them, and they are going through the process. Ms. Szakos confirmed that the
    Tourism Board has contributed towards this Festival.
    Ms. Galvin said she supports the festival, but she is concerned about this request
    coming outside of the budget process. Mr. Norris said this is historically the type of thing
    Council uses discretionary funds for. Ms. Galvin said we should still have an application
    process for discretionary funds.
    Ms. Galvin made a motion to direct Mr. Jones and the Budget Director to form a
    discretionary fund application process. Ms. Smith seconded Ms. Galvin’s motion. After
    some discussion, Ms. Galvin retracted her motion. She said she hoped she could have
    voted yes with a structure in place, but she cannot support this request without one.
    Ms. Szakos said this small pot of money gives Council the opportunity to be
    nimble and make quick decisions. Mr. Huja said he supported TomTom. On motion by
    Mr. Norris, seconded by Ms. Szakos, the resolution was approved for $5,000, contingent
    upon outreach to surrounding public housing. (Ayes: Mr. Norris, Ms. Szakos, Mr. Huja;
    Noes: Ms. Galvin, Ms. Smith.)
    MATTERS BY THE PUBLIC
    Mr. Stratton Salidis, 704 B Graves, said he wants honest dialogue.
    The regular meeting was adjourned, and Council reconvened in closed session.
    On motion by Ms. Szakos, seconded by Ms. Smith, the closed session was immediately
    adjourned. (Ayes: Ms. Szakos, Ms. Smith, Ms. Galvin, Mr. Norris, Mr. Huja; Noes:
    None.)
  • 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 7, 2012, 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 – May 7, 2012
    Council met in special session on this date with the following members present:
    Ms. Galvin, Mr. Huja, Mr. Norris, Ms. Szakos, Ms. Smith.
    On motion by Ms. Szakos, seconded by Mr. Norris, Council voted, (Ayes: Mr.
    Huja, Mr. Norris, Ms. Galvin, Ms. Szakos; Noes: None; Absent at time of vote: Ms.
    Smith), to meet in closed session for (1) Discussion of the terms and costs of the
    acquisition of real property 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). The properties are located (a) on Old Lynchburg Road; (b) on
    Kenwood Lane adjacent to Greenbrier Park; (c) in Albemarle County immediately south
    of Interstate 64 and east of State Route 20; (d) adjacent to Jordan Park and Moore’s
    Creek; and (e) on 11th Street, N.W. The acquisitions are for public park or trail purposes,
    and for a public storm water retention system on the Old Lynchburg Road property; 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. Smith, Council certified by the
    following vote (Ayes: Mr. Huja, Mr. Norris, Ms. Szakos, Ms. Smith, Ms. Galvin; 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 – May 7, 2012
    Council met in regular session on this date with the following members present:
    Ms. Galvin, Mr. Huja, Mr. Norris, Ms. Smith and Ms. Szakos.
    2
    ANNOUNCEMENTS
    Mr. Huja read a proclamation in honor of National Public Works week. Ms.
    Mueller was present to accept on behalf of the City’s Public Works department. Also,
    the Southern Gas Association recently presented Charlottesville Gas with the Best
    Practices Award – Public Awareness/Education Program for their Flicker the Flame 2011
    campaign. Mr. Huja presented the award to Ms. Mueller. She thanked Council and said
    they are the smallest gas company that has ever won the award.
    Ms. Smith read a proclamation in honor of National Tourism Week. Mr. Burkhart
    was present to accept the award and thanked Council for their recognition.
    Mr. Huja read a proclamation for Bike Month. Members of Bike Charlottesville
    were present to accept.
    Mr. Norris announced National Nurses Week and thanked nurses for their service.
    He also announced Dance for Winneba on Saturday, May 19, which will benefit our
    sister city in Winneba, Ghana.
    Ms. Smith announced that for May to September, water rates will go up because
    of the seasonal tiered rate system to encourage conservation. Ms. Szakos said rates do
    not go up for estimated basic water usage.
    Ms. Szakos said Charlottesville was declared the winner for our category of the
    Wayland Mayor’s Water Conservation Challenge. Please go to
    www.charlottesville.org/conservation for more information on how to conserve water.
    She also announced the Jefferson School African American Center is holding their first
    exhibition at the McGuffey Center, "From Backyard Clotheslines to Museum Walls”,
    during May. She also announced upcoming TomTom events.
    On motion by Ms. Galvin, seconded by Mr. Norris, Council approved the
    following appointments to the PLACE Design Task Force: Andrea Douglas, Claudette
    Grant, Rachel Lloyd, Elizabeth Kathryn Meyer, Peter O'Shea, Richard Price, Mark
    Watson, and Kathy Galvin ex-officio. The Planning Commission will appoint a
    representative at their meeting tomorrow evening.
    On motion by Mr. Norris, seconded by Ms. Smith, Council unanimously
    approved the appointment of Abigail Turner to the Human Rights Task Force.
    MATTERS BY THE PUBLIC
    Mr. Christopher Winter, 3611 Stony Point Rd., said he is currently writing a book
    on marijuana use based on his addiction to pot. He described the negative effects he
    suffered because of marijuana use and asked Council not to pass the resolution
    deprioritizing marijuana.
    3
    Mr. Rob Tureman, 171 Ennis Mountain Rd., said denial is a common trait to all
    addicts. He explained his history with marijuana use and asked Council not to
    deprioritize marijuana.
    Ms. Anna Freshwater, 3160 Turnberry Cir., said passing a resolution
    deprioritizing marijuana would mar the City. She asked Council to focus efforts on drug
    prevention and enforcement of drug laws. She asked Council to support the police
    department.
    Ms. Connie Perrin, 849 Cedar Grove Rd., Ruckersville, said there is a study
    showing legal sanctions may influence initial inclination to use drugs. The study said
    alcohol use and marijuana use are economic complements.
    Ms. Carole Thorpe, 1318 Oak Tree Ln., asked Council not to adopt the resolution
    on marijuana. She said Council should not use the police department as a political tool to
    support their agenda. She said Chief Longo has been successful in applying professional
    discretion regarding marijuana without input from Council.
    Mr. Paul Long, 1410 Grady Ave., said public transportation in Charlottesville
    needs a complete upheaval because of increased congestion on main roads. A vibrant
    public transportation system will improve safety.
    Ms. Naomi Roberts, 1140 St. Clair Ave., said marijuana is a drug, and Council
    should not use their power to influence the police department. This resolution will turn
    Charlottesville into a city of potheads. She described her negative experience with drug
    dealers living next door.
    Ms. Barbara Cruickshank, 324 Parkway St., said chloramine leaches lead from
    pipes. It is extremely corrosive. She said children in Washington, D.C. suffered from
    high lead blood levels after chloramine was added to their water. She said environmental
    toxins have been linked to autism, and lead is number one on the list. Infants and children
    will bear the brunt of chemical additions to our water supply.
    Ms. Lorrie Delehanty, 645 Evergreen Ave., thanked Ms. Galvin for offering an
    educational forum on the issue of chloramines. Many negative issues with chloramines
    have been omitted by Rivanna. She said Rivanna never clearly specified what regulations
    the EPA changed to spur the addition of chloramines to water, and she cannot find where
    changes have occurred. We are not in danger of being out of compliance with EPA
    regulations. She asked those against adding chloramine to the water supply to stand.
    Ms. Lena Maria, 808 Altavista Ave., said she knows what addiction is through
    legal substances. Marijuana is not an addictive drug. Drugs that are addictive or highly
    concentrated are dangerous, and marijuana should not be lumped with those substances.
    Deprioritizing marijuana is a step in the right direction, especially for those who need
    medical access to it.
    4
    Mr. Jeff Fogel, 215 Spruce St., said the war on drugs has been a massive failure.
    Staff has failed to provide Council with information on the racial breakdown of those
    charged with marijuana related charges. Regulation of this drug belongs in the medical
    realm, not the public health realm. He distributed a proposed marijuana ordinance
    prohibiting possession but not imposing a jail sentence by classifying it as a Class 4
    misdemeanor.
    Mr. Larry Bishop, 2673 Castle Rock Rd., Batesville, said this is not an issue of
    legalization, but about reprioritizing how we approach this issue.
    Mr. Larry Scott, 1232 Holmes Ave., said he is a proud homeowner through
    Habitat for Humanity. Income should not have a bearing on what neighborhood you live
    in or how well you do in school. Habitat has helped him break the cycle of poverty his
    family was in. He asked for supporters of Habitat and homeownership for low income
    families to stand.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Ms. Szakos thanked Mr. Scott for coming. She has heard people compare low
    income housing with crime and other problems, and she was pleased to hear from
    someone voicing support for low income housing.
    Ms. Galvin thanked everyone who came to speak on both sides of the marijuana
    issue. She thanked Ms. Delehanty for her comments and clarified that the entire Council
    supports the information session. She also thanked Mr. Scott for his comments. She told
    Mr. Long that she is eager to discuss transportation, which is an issue very important to
    Council.
    Ms. Smith said speakers on both sides of the marijuana resolution are
    representative of what Council has heard on the issue. The chloramine public education
    session is in June. She thanked Mr. Scott for his remarks.
    Mr. Huja said he supported Mr. Long and looks forward to discussing transit.
    CONSENT AGENDA
    Ms. Smith requested item i regarding Elliott Ave. and item g regarding the
    TomTom festival be removed from the consent agenda for further discussion.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the following consent agenda
    items were approved: (Ayes: Ms. Galvin, Mr. Huja, Mr. Norris, Ms. Szakos, Ms. Smith;
    Noes: None.)
    5
    a. Minutes for April 16, May 3
    b. APPROPRIATION: Police Department - Special Events Overtime and Misc.
    Revenue - $72,876 (2nd reading)
    c. APPROPRIATION: Albemarle County Reimbursement - CATEC Fire
    Protection Assessment (P-00554-11) - $900
    d. RESOLUTION: 2211 Hydraulic Road SUP for laboratory and research
    testing
    e. RESOLUTION: Fry’s Spring Beach Club Sale of Property
    f. RESOLUTION: Reallocation of Funds (Capital) – Market Street Garage
    Mall-Side Elevator Repair - $26,000
    g. RESOLUTION: City Contribution for Tom Tom Founders Festival
    Community Day at IX Event - $5,000
    h. RESOLUTION: Definition of Adult Day Care – Zoning Initiation
    i. ORDINANCE: Sale of Elliott Ave. Property (2nd reading) pulled
    j. ORDINANCE: Speed Limit on 250 Bypass (2nd reading)
    PUBLIC HEARING / APPROPRIATION / RESOLUTION:
    APPROPRIATION OF FUNDS FOR HOME FY 2012-2013 - $95,182 (carried)
    APPROVAL OF THE 2012-2013 ACTION PLAN FOR CHARLOTTESVILLE AND
    THOMAS JEFFERSON HOME CONSORTIUM
    Ms. Creasy presented to Council.
    Ms. Szakos asked about item 9, the antipoverty strategy, on page 39 of the report.
    We should flesh this strategy out more by next year, because it gives very little
    information on what the antipoverty strategy is.
    The public hearing was opened.
    Ms. Nancy Carpenter, 727 Denali Way, said she noticed a central theme of
    affordable housing initiatives. She urged Council to promote, adopt and enforce a living
    wage policy as a critical component to local economic development, as well as access to
    affordable housing.
    Having no further speakers, the public hearing was closed.
    Ms. Szakos said the City schools do have living wage ordinances.
    Ms. Smith said this was a lot of information, and it was great to read about
    everything. She requested an accountability column, outlining the one-year and five-year
    goals. Ms. Creasy said Council will receive a document in a few months called the Caper
    Report that will do just that. Ms. Smith said asked for clarification on the number of
    6
    households in public housing per number of citizens living under $35,000. Ms. Creasy
    said the numbers are skewed because they are based on census data, which includes
    University students. The housing report may do a better job of representing the
    population, but HUD reporting requirements stipulate that staff use census information.
    Ms. Smith said we need to remember that the majority of children in need are diffused,
    not concentrated in one place.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the appropriation carried for
    a second reading.
    Ms. Smith said she agreed with Ms. Carpenter that living wage is a big part of the
    discussion, as is utilities, which is another factor in our monthly bills that make it difficult
    to live in this community.
    On motion by Ms. Galvin, seconded by Mr. Norris, the resolution passed
    unanimously. (Ayes: Ms. Galvin, Mr. Norris, Mr. Huja, Ms. Smith, Ms. Szakos; Noes:
    None.)
    PUBLIC HEARING / RESOLUTION: LEASE OF BASEMENT APT 608 RIDGE ST.
    Mr. Jim Tolbert presented to Council.
    The public hearing was opened. Having no speakers, the public hearing was
    closed.
    Mr. Norris said it is a waste of Council’s time to have to deal with these types of
    matters.
    On motion by Mr. Norris, seconded by Ms. Smith, the resolution passed
    unanimously. (Ayes: Ms. Galvin, Mr. Norris, Mr. Huja, Ms. Smith, Ms. Szakos; Noes:
    None.)
    PUBLIC HEARING / ORDINANCE: CLOSING LAUREL STREET (carried)
    Mr. Jim Tolbert presented to Council.
    Ms. Galvin asked for language addressing bike/pedestrian connectivity to be
    added.
    The public hearing was opened.
    Ms. Jeanne Chase, 223 Old Lynchburg Rd., thanked Council for closing Laurel
    Street. She cautioned bike and pedestrian users on safety issues, particularly the bad
    sight line. She said she hopes this will facilitate the OLR project for moving forward.
    7
    Mr. Scott Bandy agreed with Ms. Chase and said if the closed street became
    gravel, it could be washed out, becoming a concern for stormwater management.
    Ms. Galvin said there is a hairpin turn there. She said she wants to be sure this
    does not preclude the opportunity to look at this area from a design safety perspective.
    Ms. Szakos asked if there was a sidewalk on that side of the road. Mr. Tolbert said there
    is.
    Having no further speakers, the public hearing was closed.
    On motion by Ms. Smith, seconded by Ms. Szakos, the ordinance carried for a
    second reading.
    REPORT/RESOLUTION: DEPRIORITIZING MARIJUANA
    Mr. Jones presented to Council on a resolution for consideration of whether to
    deprioritize marijuana. Staff and Council have heard from proponents and opponents of
    this resolution. The effect enforcement of marijuana laws has on the police department is
    one reason cited for deprioritization. Mr. Jones invited Chief Longo to speak on the
    statistics.
    Chief Longo spoke to Council and presented statistics. He said the department
    does not expend a lot of time or resources on enforcement of marijuana possession. Mr.
    Norris asked how many charges were secondary charges. Chief Longo said he could not
    tell from their data system, but from experience, most of them are secondary charges. He
    read from a report citing an increase in usage of marijuana, particularly in adolescents.
    He asked Council to consider the effects of this resolution before making a decision.
    Mr. Tom Von Hemert, Criminal Justice Planner and Crisis and Intervention Team
    coordinator, spoke to Council. Ms. Galvin asked Mr. Von Hemert to confirm that the
    National Association of Drug Courts were opposed to decriminalization. He said they
    were.
    Ms. Szakos said based on data from the jail, the people who were in jail for
    marijuana were four times more likely to be African American than white. Mr. Von
    Hemert said a lot more research has to be done within the data systems. Chief Longo said
    we are in the process of an RFP to get a new system.
    Mr. Ross Carew, Assistant Director at OAR, said there is the issue of recidivism.
    With marijuana cases, offenders are often offered deferred judgment with atonement
    options. When conducting risk assessment analysis, it was determined that convicted or
    deferred judgment offenders were second only to domestic violence in recidivism.
    8
    Ms. Smith asked about the legal classifications of possession. Mr. Carew said
    there are graduated charges depending on the amount of marijuana found. Ms. Smith
    asked if there were charges even for a very small amount. Mr. Carew confirmed.
    Ms. Smith asked Chief Longo if he sees much street crime associated with
    marijuana. Chief Longo said distribution of any drugs typically results in criminal
    behaviors, often violent, but he does not have data specifically on marijuana. Ms. Smith
    said one of the problems is that there is a big difference between recreational use and
    distributing. The penalty seems severe for possession of small amounts. Chief Longo
    said Council should know just how many people are actually going to the jail of the 113
    people who are charged. Ms. Szakos said there are about 21 that are simple possession
    charges.
    Mr. Norris said one version of the resolution says it should be a low priority, and
    the police department believes this as well because that is how they are currently treating
    the issue now. Chief Longo said the message that is sent, especially to children, is of the
    most concern to him. Police energies are mostly spent on more serious matters, such as
    violent crimes.
    Ms. Szakos said she is generally supportive of decriminalization, not because she
    supports marijuana use or does not believe it to be addictive, but because it has more to
    do with regulation and control of the substance than with saying it is acceptable to use.
    She had no problem with last paragraph of the resolution, but she was concerned that
    absent decriminalization, we do not have a way of regulating marijuana. She does not
    support a local level resolution, absent decriminalization. This also opens possibility for
    more racial disparity.
    Ms. Galvin said she is a mother of two sons, ages 20 and 16, and she is very leery
    of what children are seeing daily. She finds many claims in the resolution misleading and
    unsubstantiated by statistics or science. She cited health side effects of smoking
    marijuana as cited by Dr. Lillian Peake of the Health Department. From a mental public
    health resource, there are serious concerns with this chemical, which affects the mind and
    young minds in particular. The National Drug Court is opposed to decriminalization.
    Chief Longo says we are already doing this in practice. Studies cited by Dr. Peake show
    that the effect on the adolescent mind cannot be ignored. The purpose of the resolution is
    only symbolic; this bully pulpit cannot be used to send mixed messages to our children.
    She cannot support this resolution.
    Ms. Smith said for many of the same reasons Ms. Galvin just cited, she does
    support the resolution. She said marijuana is very prevalent, and if it were legalized, it
    could be regulated, and many of the problems associated with marijuana would not be
    issues as a result. She said this resolution would send a message to those who can work
    to decriminalize marijuana.
    Mr. Norris read a quote by a 19 member global commission on drug policy in
    support of the legalization of marijuana. He said we have been headed in the wrong
    9
    direction when it comes to drug policy, and the way we treat it is actually making the
    problem worse. He said he believes marijuana should be legalized for medicinal
    purposes. We have to distinguish between dangerous drugs and non-dangerous drugs.
    Neither resolution makes marijuana legal in the City of Charlottesville. We are making a
    statement about whether or not arresting and persecuting people for small scale personal
    use of marijuana should be a priority. It clearly is not now, and he has no problem with
    Council going on record to acknowledge that. Our primary focus should be on changing
    the law, but in the meantime, we as an elected body should admit that there are higher
    priorities.
    Mr. Huja said this resolution deals with a priority issue for the police department.
    He has heard from experts from the police department, the Commonwealth’s Attorney,
    and the health department. He cited figures provided by the Commonwealth’s Attorney
    and the health department about addiction, depression and schizophrenia, and its effect on
    youth. Negative health effects cannot be ignored. More importantly, the message we are
    sending to children with this resolution is that it is ok to smoke marijuana, or that it is not
    harmful. We are also saying you should follow only the laws that you like and disregard
    the others.
    Ms. Szakos said she believes there are at least three Councilors that support the
    final paragraph. In the absence of decriminalization, she will not vote yes on the rest of
    it.
    Ms. Smith read an excerpt from a citizen’s email, a mother who said she
    supported the resolution. Ms. Smith said this is one of many issues we need to discuss
    with our children.
    Ms. Szakos moved to accept only the final paragraph of the resolution.
    Mr. Norris asked if we should make alcohol illegal because making it legal sends
    a bad message to children. Ms. Szakos said the fact that alcohol was criminalized did not
    help. Mr. Norris said if nothing else, at least to recognize what we have already heard
    from our police department, that enforcement is not currently a high priority for our
    officers. Ms. Szakos said she does not see this to be necessary. We do not do the same for
    other existing policies we support.
    Ms. Galvin asked Mr. Von Hemert about liaison opportunities with the TJPDC.
    She said she would support a request to have further research done on the legislative level
    but would not support a resolution that presupposes the conclusion that legalization is the
    way to go. Mr. Von Hemert complimented the City and the County for their award for
    having a criminal justice system based on evidence. Mr. Von Hemert recommended that
    Council do research on this issue. Ms. Szakos said the last paragraph of the resolution is
    exactly what Mr. Von Hemert is calling for on a state level. Ms. Szakos said we do not
    have to do all this research first; we should instead direct the state to do it on a state and
    federal level.
    10
    Ms. Smith said legalization would be incredibly helpful in terms of regulating
    THC in marijuana.
    Ms. Galvin said she would like to modify the resolution to make sure we are
    making it clear that we are not condoning or sanctioning marijuana use. We are spending
    a lot of time talking about state and federal law; it is not something we should be
    spending local time on. Ms. Gavin said we need to look at sentencing guidelines. Ms.
    Szakos said this is basically adding the issue to to our legislative agenda.
    On motion by Mr. Norris, seconded by Ms. Smith, only the final paragraph of the
    resolution was approved. (Ayes: Mr. Norris, Ms. Smith, Ms. Szakos; Noes: Ms. Galvin,
    Mr. Huja.)
    RESOLUTION: CITY CONTRIBUTION FOR TOM TOM FOUNDERS FESTIVAL
    COMMUNITY DAY AT IX EVENT - $5,000 (pulled from consent)
    Ms. Smith asked Mr. Brown to explain why this is back before Council. Mr.
    Brown said the proposed recipient is an LLC, but the crucial distinction is between for
    profit and non-profit uses.
    Ms. Smith asked what the relationship is with Dreamfield Foundation that allows
    us to pass funds through them. She said it seems underhanded to her, that Council gives
    money to a for-profit organization through a 501 (c)(3). Mr. Huja said this is a legal
    mechanism. Mr. Brown said the focus needs to be on who is providing this type of
    service to the community. Ms. Smith said she is uncomfortable with the fact that
    TomTom gave money to Dreamfield, and now Dreamfield is giving money to TomTom.
    Mr. Norris said the City will often market City programs and services by paying
    money to advertise. He suggested viewing this matter as the City paying money to
    sponsor an event.
    Ms. Galvin confirmed that we are making a simple clarification from the previous
    resolution. She said she is not against giving money to TomTom, but she believes there
    should be a mechanism.
    On motion by Ms. Szakos, seconded by Mr. Norris, the resolution passed. (Ayes:
    Ms. Szakos, Mr. Norris, Mr. Huja; Noes: Ms. Galvin, Ms. Smith.)
    ORDINANCE: SALE OF ELLIOTT AVE. PROPERTY (2ND READING) (pulled
    from consent)
    Ms. Smith said she wanted to discuss whether or not this land is part of Oakwood
    Cemetery. Mr. Tolbert presented to Council. He clarified that neither the 1944 deed nor
    the 1957 deed was ever used for the cemetery. Ms. Smith asked if we sold to Burnett
    11
    Commons for development. Mr. Tolbert said we did not. Mr. Tolbert reviewed maps of
    the area over the years. Mr. Tolbert said he does not dispute that Council may have
    intended the land for the cemetery in 1944, but there was a change in thought since then.
    This issue was also brought before Council in 2009, and the decision was to move
    forward with development instead of a cemetery or soccer fields, which were the options
    discussed at that time. Use of this land for the cemetery would still require the same work
    to prepare the land for use. Ms. Szakos asked how many acres were involved. Mr.
    Tolbert said north of Elliott, there is just over 3 acres.
    Mr. Norris asked if there were ever plans to expand the cemetery. Mr. Tolbert
    reported that Mr. Daly said he was not aware of any. Ms. Szakos said we would be
    paying a minimum of $150,000 per acre to use the land for a cemetery.
    Ms. Smith said she agreed with the conclusion of Mr. Huja that it was bought
    with the intention to expand. Ms. Galvin asked if all lots had been purchased for
    Oakwood Cemetery. Mr. Tolbert said yes. Ms. Galvin said hopefully things like these
    will be fleshed out during the strategic area planning process.
    Ms. Smith said she was not pleased that the language guaranteeing affordable
    units to City residents was not more definitive. Mr. Tolbert said the language provides
    that it units would be prioritized and targeted for City residents. Mr. Brown confirmed
    that it is not a guarantee.
    Ms. Smith asked if there was any commitment to addressing intent for Clark
    Elementary School, which is currently the only school in our system that cannot pass the
    standards. Mr. Tolbert said less than a third of the total housing would be classified as
    affordable, which reflects current ratios.
    Mr. Dan Rosensweig, Executive Director of Habitat, spoke on the typical Habitat
    family, including that they are on average two working parents.
    Mr. Norris said some of the rhetoric Council has heard about how this housing
    project will bring down the neighborhood is appalling. Ms. Galvin said this is not a
    pocket of entrenched poverty. Mr. Norris said every possible effort should be made for
    these units to be for City residents. Ms. Smith said she is going to vote against it, and she
    apologized because she does support Habitat’s mission.
    On motion by Ms. Szakos, seconded by Mr. Norris, Council passed the ordinance
    as amended at the April 16 meeting with added language regarding priority for City
    residents. (Ayes: Ms. Szakos, Mr. Norris, Ms. Galvin, Mr. Huja; Noes: Ms. Smith.)
    OTHER BUSINESS: COUNCILOR BENEFITS
    12
    Mr. Norris said Albemarle County allows its supervisors to buy into the health
    plan that is made available to regular employees. It is difficult to work on Council and
    hold down a full time job at the same time.
    Ms. Szakos said this is a way to equalize access to serving on Council. Ms. Smith
    said it would be nice to hear from staff. Mr. Huja asked staff to research this option. Ms.
    Galvin asked if there would there be an in-kind fringe benefit for Councilors who do not
    need healthcare. Mr. Jones said staff will look into this and report back to Council.
    MATTERS BY THE PUBLIC
    Mr. Paul Long, 1410 Grady Ave., said this should not be a bully pulpit for how
    we deal with people with drug addiction problems. This should cover all drugs, not just
    marijuana. Society needs to tell people suffering from drug addiction that they should not
    be ashamed. Incarceration does not keep people from using drugs. It is a public health
    issue.
    Mr. Matthew Fogg, retired chief deputy US Marshall, said he served on a drug
    enforcement task force for several years. The war on drugs has not had any impact on
    drug use. He said the racial component came out because enforcement officers were
    targeting inner city urban youth. Drug users are also prevalent in more affluent areas, but
    enforcers do not lock them up because affluent families have pull with judges and law
    enforcement. These disparities exist because of the culture that is in place.
    Ms. Antoinette Roades, 406 Oak Street, said you have closed down the
    community’s entire public cemetery system without ever directly addressing it. She said
    the cemetery was not programmed for use in the 1970s and 1980s because there was not a
    need, but now there is. She said this need will fall on the shoulders of the poor.
    Ms. Lenis Worth, Director of Virginians Against Drug Violence, thanked Council
    for their vote in favor of the resolution. She said the more you say no to children, the
    more teenagers will want to experiment with it. Giving honest and accurate information
    is the way to prepare children.
    Mr. Scott Bandy thanked Council for their difficult vote on decriminalization. He
    thanked Ms. Smith for addressing chloramines.
    Mr. Ed McCann, Director of Virginia Normal, thanked Council for supporting the
    most important part of the resolution. Marijuana reformers do not want children to use
    marijuana. He gave figures for local marijuana use.
    Mr. Dan Purdy, 776 Prospect Ave., said he was disappointed in the way this
    meeting was conducted. Citizens who were here to speak about marijuana were not
    heard, and Council made their decision before citizens had a chance to speak. It is not
    13
    hard to agree with the government’s position; it is more difficult to turn existing opinions.
    Please do not forget the industrial aspect of marijuana with hemp.
    Mr. Peter Kleeman, 407 Hedge St., said he would like to see scientific
    underpinning about issues, especially chloramines.
    Ms. Jeanne Chase, 223 Old Lynchburg Rd., said they are still awaiting sidewalks
    to be put down and drainage system to be put in. She shared stories about pedestrians
    along OLR who have had problems navigating the road with no sidewalks. Please move
    the OLR project forward in a timely fashion.
    Ms. Nancy Carpenter, 727 Denali Way, said she has not seen as much passion and
    conversation since Occupy Charlottesville. She has been participating in the
    Neighborhood Leadership Institute, and she has learned a lot.
    Mr. Brandon Collins, 536 Meade Ave., said there is another public perception
    with the marijuana issue, which is that we do not care about the racial disparity. He said
    HOME funds and CDBG funds could be improved if we had money from federal
    programs, but we do not because of military spending.
    Ms. Joy Johnson commended Council for their discussion of marijuana.
    Sometimes you have to be bold to make a change. The message starts locally. Please
    have a discussion about rehabilitation as an alternative to jail.
    COUNCIL RESPONSE
    Ms. Szakos said if there was a Council decision to stop the growth of the
    cemetery, it was not this Council’s decision. It is now 20 feet under waste that would
    make it cost over $150,000 per acre to use, which does not make this a possibility.
    Ms. Galvin asked if it was possible for the City to buy additional cemetery land.
    Mr. Jones said it is a possibility, but zoning must be taken into consideration.
    Mr. Norris said he wanted to make sure there was support for Mr. Brown to
    prepare a response to Mr. Fogel’s proposal. Mr. Brown said he would do so.
    The meeting was adjourned.
    Clerk
  • 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 21, 2012, 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 – May 21, 2012
    Council met in special session on this date with the following members present:
    Ms. Galvin, Mr. Huja, Mr. Norris, Ms. Szakos, Ms. Smith.
    On motion by Ms. Szakos, seconded by Ms. Smith, Council voted, (Ayes: Mr.
    Huja, Mr. Norris, Ms. Smith, Ms. Szakos; Noes: None; Absent at time of vote: Ms.
    Galvin), to meet in closed session for (1) Discussion of the acquisition of real property
    right-of-way and easements by purchase or condemnation in connection with the Route
    250 / McIntire Road Interchange project, where discussion in an open meeting would
    adversely affect the City’s bargaining position or negotiating strategy, as authorized by
    Va. Code sec. 2.2-3711 (A) (3). The properties are located (a) at the intersection of
    Birdwood Road and the Route 250 Bypass; (b) on the north side of the Route 250 Bypass
    west of Park Street; (c) on the east side of McIntire Road near Harris Street; and (d) at
    Hillcrest Road and the Route 250 Bypass, and, (2) Discussion of compensation for the
    City Manager, as authorized by Virginia Code sec. 2.2-3711 (A) (1).
    On motion by Ms. Szakos, seconded by Ms. Smith, Council certified by the
    following vote (Ayes: Mr. Huja, Mr. Norris, Ms. Szakos, Ms. Smith, Ms. Galvin; 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 – May 21, 2012
    Council met in regular session on this date with the following members present:
    Ms. Galvin, Mr. Huja, Mr. Norris, Ms. Smith and Ms. Szakos.
    2
    ANNOUNCEMENTS
    Ms. Smith welcomed the Charlottesville Community Scholarship Program and
    invited representatives to speak. Ms. Linda Seaman, Chair of the program, invited the
    scholars to introduce themselves to Council.
    Mr. Huja announced Charlottesville was recognized for being a Silver Bike
    Community.
    Mr. Huja recognized Mr. Wes Bellamy and his students for their work with
    HYPE. Tyrone Akram spoke on behalf of the group HYPE. He told Council about their
    program and what they are doing with their youth. He said they could use a bigger space
    to train. Ms. Szakos thanked them for speaking to Council and thanked them for their
    letter, which she said was an effective way of communicating with Council.
    Mr. Norris announced City pools are opening this Saturday, May 26. City Hall
    will be closed for Memorial Day. Trash, recycle and transportation will operate on a
    normal schedule. Sign up for the Youth Ride program with CAT, open through June 8.
    He also announced an event sponsored by the First Tee Program, the “Dennis Walters
    Golf Show”, on Saturday, May 26.
    Ms. Szakos announced upcoming events for Celebrate250!, including the Festival
    of History. There will be a free Mental Health Expo at CitySpace on May 25.
    Ms. Galvin announced the first annual Tonsler Park Festival on May 25. She also
    announced the chloramines information session will be held June 21 at 6:00 p.m.
    MATTERS BY THE PUBLIC
    Mr. Scott Bandy, 1639 Cherry Ave., spoke against adding chloramines to the
    water supply.
    Mr. Brevy Cannon, 710 Ridge St., thanked Councilor Galvin for her revisions to
    the City Market RFP. He spoke in support of the RFP and asked that the role of the City
    Market Committee be clarified. He asked that the Market District Alliance have three
    representatives on the City committee.
    Mr. Jeff Snyder, 800 Druid, said he was here to support a Council resolution for
    Citizens United – Move to Amend.
    Ms. Debora Judson-Ebbets, 327 Key West Dr., said she is speaking as a
    representative of the Sierra Club. She spoke in support of a permanent home for the City
    Farmer’s Market. Please support the proposed resolution on the Citizens United issue.
    3
    Ms. Lorrie Delehanty, 645 Evergreen Ave., spoke against adding chloramines to
    the water supply. She gave Council an account of a community that reversed adding
    chloramines to the water supply because of adverse effects.
    Ms. Nancy Carpenter, 727 Denali Way, said there are people waiting to live at the
    Crossings because Albemarle County is holding up funding for the vouchers. She asked
    Councilors to speak with County supervisors and encourage them to grant funding. She
    supports the Citizens United resolution.
    Mr. Galen Staengl, 129 Goodman St., said putting chloramines in our water
    supply is a bad idea. He shared data regarding byproducts.
    Ms. Barbara Cruickshank, 324 Parkway, spoke against adding chloramines to the
    water supply. She shared statistics on how lead affects children. She asked Council to
    adopt the Precautionary Principle, adopted by the European Union, which states we must
    act in a precautionary manner if there is some evidence of a health risk, even in the face
    of scientific uncertainty.
    Ms. Joanna Salidis, 129 Goodman, said she supports the recommendations of
    Market Central regarding changes to the RFP. She also supports the move to amend the
    Constitution to overturn Citizens United. She said we should use carbon filtration instead
    of adding chloramines to the water supply. Rivanna says they cannot afford it, yet they
    are spending hundreds of millions of dollars supporting developers.
    Mr. Evan Knappenberger, 308 Parkwood, said Council should vote in support of
    overturning Citizens United. A revival of participatory democracy requires
    empowerment on the local and state level. He asked Council to put this on the agenda for
    the next meeting.
    Ms. Emerald Young, 237 Yellowstone, #106, requested that Council enact a
    requirement that the health risks of fluoridated water be disclosed to the consumers of our
    water. She asked Council what it would take for them to decide to enact such a
    requirement.
    Mr. Kenneth Case, 904 Blue Ridge Dr., passed Council handouts with graphs that
    showed dental decay dropped over time irrespective of fluoridation. He quoted an ADA
    report that says fluoride works topically only, not systemically.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Mr. Huja reminded citizens there will be a meeting to discuss issues of
    chloramine. Ms. Smith requested the meeting be rescheduled because she cannot make
    June 21.
    4
    Ms. Smith said she supported adding the Citizens United – Move to Amend
    resolution to the next agenda.
    Mr. Norris endorsed requests of the City Market representatives. He also
    requested the Citizens United – Move to Amend resolution be added to the next agenda.
    He agreed with Ms. Carpenter that we need to find a way to get those nine residents into
    housing. The focus needs to be on the county officials. He thanked Ms. Cruickshank for
    voicing support for the Precautionary Principle. The burden of proof has to be on those
    proposing to introduce a new chemical to prove it is not harmful.
    Ms. Szakos said she supports the Citizens United resolution. She also urged the
    county to make a decision about the residents at the Crossings and urged citizens to
    continue bringing people to speak to them.
    Ms. Galvin said she has no problem entertaining the Citizen’s Resolution, but she
    reminded Council of their stated priorities. We need to discuss what will have the most
    impact on the local affairs of our community. She is pleased we are discussing issues
    that are in line with those priorities. We must discuss them in the context of a strategic
    plan so we can understand how we are going to budget for them.
    CONSENT AGENDA
    Mr. Huja said item g is a 2% raise, which all City employees received.
    Ms. Szakos asked for item h to be removed for further discussion.
    On motion by Ms. Galvin, seconded by Ms. Smith, the following consent agenda
    items were approved: (Ayes: Ms. Galvin, Mr. Huja, Mr. Norris, Ms. Szakos, Ms. Smith;
    Noes: None.)
    a. Minutes for May 7
    b. APPROPRIATION: March Primary Reimbursement - $16,000 (carried)
    c. RESOLUTION: Settlement of Litigation – 219 West Main St (Demolition
    Violation)
    d. RESOLUTION: Capital Improvement Program (CIP) Fund Accounts
    Cleanup - $134,671.85
    e. RESOLUTION: Application Approval for Land and Water Conservation
    Grant – Hartman Mill Property Acquisition – $100,000
    f. RESOLUTION: Reallocation of Funds (Capital) – Market Street Garage
    Mall-Side Elevator Repair- $34,000
    corrected from May 7 consent agenda
    g. RESOLUTION: Amendment of City Manager Employment Agreement
    h. ORDINANCE: Council Access to Employee Medical and Dental
    5
    PUBLIC HEARING / ORDINANCE: UTILITY RATES (carried)
    Ms. Sharon O’Hare presented to Council.
    Ms. Smith asked for clarification on the seasonal rates. Ms. O’Hare said the City
    decided to implement seasonal rates in 2003 as a method of conservation. It makes water
    more expensive in the summer and cheaper in the winter. The City developed a
    composite rate, but no one ends up paying that rate. The summer rate would be 30%
    higher than the winter rate.
    Ms. Galvin asked what we have been doing to encourage people to use natural
    gas. Ms. Hildebrand said we have an extensive marketing program that we use to
    encourage developers in particular to use gas.
    Ms. Smith asked to clarify the difference between connection fee and facility fee.
    Ms. O’Hare said the connection fee and facility fee are the same.
    The public hearing was opened.
    Mr. Brandon Collins, 536 Meade Ave., said he is pleased his rate will be
    somewhat lower, but he is concerned that variable rates between summer and winter
    make it so that details get lost in the jumble. He asked for more consistency when these
    are reported. Also, no one should ever have their utilities shut off without person to
    person, proactive contact.
    Having no further speakers, the public hearing was closed.
    Ms. Smith said she is concerned that subsidizing our rates in order to artificially
    keep them low and increasing our subsidy of water rates yearly, is digging us deeper into
    a hole; wastewater is even worse. She reiterated her concern that increasingly
    subsidizing our rates is not sustainable. Ms. Smith asked about the fund we use for rate
    stabilization. Ms. O’Hare said the primary component of the fund is the facility fees.
    There have been cash infusions in the past due to an increase in profit from changes in
    weather or climate.
    Ms. Szakos asked about cut offs, rate forgiveness and subsidies for low income
    families. There have been 1,874 cut-offs over the course of a fiscal year due to nonpayment,
    including both residents and businesses. It is not known how many of these
    were unique. A $30 reconnect fee is charged, as well as a $48 fee for after hour or same
    day service. There is a GAAP fund of $60,000 that Council approves every year. Any
    unexpended funds are carried forward.
    Ms. Smith said we should be able to tell where people are getting cut off, and how
    many of the 1,874 are repeats. That number is 10% of our residents, if they were all
    individual cut-offs. Ms. O’Hare said we know some of them are repeat cut-offs. Ms.
    6
    Szakos asked what was being done to help people make arrangements for nonpayment.
    Ms. Smith said there should be coordination of services with organizations who deal with
    families in crisis. Ms. Szakos clarified that payment arrangements can be made if an
    account is cut off, but accounts are not allowed to fall egregiously behind.
    Ms. Smith said we have a high cost of water, the second highest among cities in
    Virginia. She voiced concerned about the high level of taxation on water rates. She asked
    about PILOT (payment in lieu of taxes) on our water, wastewater and gas.
    Ms. O’Hare said since we have a municipality-owned utility, we do not have to
    pay taxes to ourselves, but we pay taxes back to our shareholders. We are not a private
    entity that has to pay taxes and charge our customers. We do not make a profit, but we
    do allow taxes to be paid and applied to the general fund for other operations.
    Ms. Smith asked if we have to do PILOT, or if it is a revenue source for the
    general fund. Ms. O’Hare said she would find out and get back to Council. Ms. Smith
    said we have come to depend on this fund, but that does not justify continuing it. She also
    said the PILOT fee is built into our rate, and then the utility tax is assessed on top of that,
    so we are taxing a tax.
    Ms. Szakos said it is difficult to balance the hardship of a high water bill for a low
    income family and the elasticity of water use, and the fact that when prices go too far
    down, there is less incentive to conserve water. On a national level, the common belief is
    that water rates should be going up. We should figure out how to make our rates go up
    without troubling the people at the lower income side of the scale.
    Ms. Smith asked if the City still reads gas meters physically. Ms. O’Hare said we
    do for new occupants. Ms. Smith clarified that we pay for computer systems out of our
    gas fund. Ms. O’Hare said it was a decision made by Council in the past.
    Mr. Norris said for the record, he does not support paying rates to support a
    system that is outsized and overbuilt. These rates are paying for things that are rather
    gratuitous, such as dredging the South Fork Reservoir
    On motion by Ms. Szakos, seconded by Ms. Galvin, the ordinance carried.
    PUBLIC HEARING / ORDINANCE: CONSERVATION / OPEN SPACE
    EASEMENT ON JEFFERSON PARK CIRCLE LAND (carried)
    Mr. Brian Daly and Mr. Chris Gensic presented to Council. The City purchased
    the property a few weeks ago, and per the contract, they are looking to grant an easement.
    The public hearing was opened.
    Mr. John Conover, 104 W. High St., urged Council to pass the easement.
    7
    Ms. Lena Marie, Charlottesville, asked what the legal mechanism was for how to
    keep the City from putting roads through parks, and if so, how did a road come to be built
    through McIntire Park.
    Having no further speakers, the public hearing was closed.
    On motion by Mr. Norris, seconded by Ms. Smith, the ordinance carried.
    PUBLIC HEARING / ORDINANCE: LAND AND WATER CONSERVATION
    FUND APPLICATION – AZALEA PARK RESTRICTIVE COVENANT (carried)
    Mr. Jim Tolbert presented to Council.
    The public hearing was opened.
    Mr. Peter Kleeman, 407 Hedge St., said Land and Conservation policies are that
    you can overturn those properties, but you would have to provide equivalent properties at
    other locations that provide similar recreational resources. He asked the City to make a
    statement that it will maintain this property in perpetuity for recreational purposes.
    Having no further speakers, the public hearing was closed.
    Ms. Szakos asked for information before the next meeting on what Mr. Kleeman’s
    request might involve.
    Ms. Smith asked if the $50,000 was over and above the $350,000 allocated to
    Azalea. Staff said this is a match, and we would get $50,000.
    On motion by Ms. Szakos, seconded by Ms. Smith, the ordinance carried.
    REPORT: SOCIAL SERVICES ADVISORY BOARD UPDATE
    Ms. Mary Sullivan, Vice Chair of the Social Services Advisory Board, presented
    to Council. She read the mission and vision statement for the department. She reviewed
    department programs, the number of people who receive SNAP, and foster care data. Ms.
    Kirsten Parker Smith presented to Council on Family Partnership Meetings. Ms. Sullivan
    said the number of adoptions increased to 15 children for FY 2011. She explained future
    challenges, including child care automation, space needs, health care reform, and online
    benefit program applications.
    Ms. Galvin asked if Ms. Kuknyo has been able to see that we move people out of
    dependency in this program. Ms. Kuknyo said getting people to a living wage is very
    difficult.
    8
    Mr. Huja asked for more information about part time versus full time statistics.
    Ms. Smith said she has enjoyed being on the board. She asked what percentage of
    residents goes through social services for one reason or another. Staff reported that 18%
    have received SNAP benefits. Social work is need-based, and 20-24% of the community
    passes through the door throughout the year. Ms. Smith asked if there is need for better
    coordination with other nonprofits serving the community. Ms. Kuknyo said the
    department has a very good working relationship with dozens of nonprofits in the
    community. Ms. Smith clarified that there is support in place for smooth transitions for
    folks who move between localities. She asked how the department views the effect of
    utility costs on their families. Ms. Kuknyo spoke on the benefit of supplemental heating
    and gas programs.
    REPORT / ORDINANCE: DESIGN FOR LIFE CVILLE (carried)
    Mr. Tolbert presented to Council. The Design for Life Cville program is a twotiered
    approach to create more accessible housing units for both the disabled and aging
    community in Charlottesville.
    Ms. Szakos said often when people have to renovate their house to make it more
    accessible, it is during a time of crisis. Being able to provide a discount to make that
    happen is very useful.
    Ms. Galvin said she likes that this is incentivizing action instead of penalizing for
    not taking action.
    On motion by Mr. Norris, seconded by Ms. Smith, the ordinance carried.
    REPORT / APPROPRIATION: APPROPRIATION OF FUNDS FOR HOME FY
    2012-2013 - $91,742 (2nd reading)
    Mr. Tolbert explained why there was a change in funding.
    On motion by Mr. Norris, seconded by Ms. Szakos, the appropriation was
    amended to reflect the updated amount. On motion by Mr. Norris, seconded by Ms.
    Smith, the appropriation passed. (Ayes: Mr. Norris, Ms. Szakos, Ms. Smith, Ms. Galvin
    Mr. Huja; Noes: None.)
    REPORT: CHARLOTTESVILLE MARKET DISTRICT FEASIBILITY RFP
    Mr. Jones gave Council a background of the City Market and work that has been
    done in the last year.
    9
    Mr. Norris clarified that no one on City Council or the Market Alliance has ever
    advocated that we keep those two lots available for a giant plaza once a week. Instead,
    the market would be integrated for a mixed use setting.
    Mr. Engel presented to Council. He discussed the purpose of the RFP and said
    Council can use this process to seek more information if they do not feel they have
    enough to make a decision.
    Mr. Norris said he wanted comments from Mr. Cannon regarding additional
    requests, which was to attach recommendations from David O’Neill as an additional
    attachment. He asked to clarify the role of the study’s steering committee, which has a
    passive review role and should perhaps be empowered to play more of an active role, and
    asked that there be representation from Market Central and Market Alliance.
    Ms. Szakos thanked Ms. Galvin for her work on improving the RFP document.
    Examining impacts on parking and traffic patterns is important to the project and is
    missing from the RFP. She asked Mr. Engel if he knew what the project would cost. Ms.
    Galvin said the whole Strategic Area Investment Plan is $150,000, so she would be
    nervous to go beyond that. Mr. Norris said he wants to ensure the vendors who
    participate in the market will be given a voice in the process. Ms. Smith she was
    concerned that this came to Council on Friday and to the market task force on Sunday,
    and questioned whether they had enough opportunity to have input before Council passed
    it. Ms. Galvin said she met with the group personally, and there is a desire for us to move
    forward on this project.
    On motion by Ms. Galvin, seconded by Ms. Szakos, Council voted unanimously
    to adopt the draft.
    REPORT: BIKE/PEDESTRIAN PLAN
    Ms. Poncy updated Council on the Bicycle Plan and the work of the Bike Safety
    Committee. Approximately 30% of the on road projects have been completed. She
    presented on the two year action plan. She explained Neighborhood Greenways, possible
    integration of stormwater management as part of their Green Streets Initiatives, and
    exploring methods for benchmarking progress.
    Ms. Galvin asked if the two year plan list had been prioritized. Ms. Poncy said all
    items on the list are already funded in the budget. Ms. Galvin said she appreciated the
    benchmarking idea.
    Ms. Szakos said she has received feedback from residents having trouble with the
    6
    th Street innovation. She asked if there is more signage to come, because people are
    surprised by coming upon the new configuration.
    10
    Ms. Szakos asked if they can look at adding more bicycle parking spaces in the
    Market Street parking garage.
    Mr. Norris said he has heard so much positive feedback about the new lighted
    crosswalks, and he hopes we will add more. He asked about using railroad right of way
    in the City. Mr. Gensic said the law passed, and they will address this when they answer
    the question about the Greenbrier Overpass. Mr. Huja said there has also been discussion
    about the trail on the railroad from here to Market St. to Riverview Park. Mr. Gensic said
    the coal tower property owner will build that to Beer Run, but getting through the scrap
    yard is more difficult because it sits uphill. We are still looking at this from a topography
    standpoint.
    Ms. Smith said about old railroad tracks, such as the ones near Bodos. Mr.
    Gensic said we are working on this area. Ms. Smith asked if there was any coordination
    with bike Share UVA. Ms. Poncy said we are working with the folks with UVA, who did
    get funding, and we will get another update from them for what their plans are for the
    fall. Ms. Smith asked Mr. Gensic if we could host a rental bike event at Riverview Park.
    Mr. Gensic said he sees this on the horizon. Ms. Szakos said there could be mountain
    bike rentals to Monticello.
    Ms. Galvin said as we are increasing our cycling population, we may need to do
    some really good public education about cycling. Ms. Poncy said the first step was to
    raise awareness with the You Know Me, I Ride a Bike campaign, and once this is
    launched, more education and additional classes will be in the works.
    Mr. Huja said he likes idea of no traffic streets. He said he is concerned over the
    linkages between the routes. He asked about paving trails. Mr. Gensic said we are
    working on this area.
    REPORT: TOWING ADVISORY BOARD
    Mr. Ellis presented to Council. Mr. Norris asked if the makeup of the board is
    dictated by state law. Mr. Ellis said it was. Mr. Huja said he is concerned one group can
    block having a quorum so they cannot accomplish anything. Mr. Jones said this is a
    matter of fairness as well, so that if a representative cannot make a meeting, the board
    cannot vote and prevent them from weighing in. Ms. Szakos said there could be a policy
    that repeated no-shows get replaced on the board.
    Ms. Galvin asked what the magnitude of the towing problem is. Mr. Ellis said he
    has dealt with six or seven cases since he started working for the City. Ms. Galvin asked
    why the first course of action is not talking to the offending vendors and figuring out
    what the problem is from their perspective. She said this is a very narrow mission and
    may be overkill for this problem.
    11
    Mr. Norris said ultimately this is not an issue of towing, but the parking lot
    owners, who are arguably the ones we should be focusing on. The towing companies are
    just doing their jobs. Ms. Szakos said towing companies have been complained about
    specifically. Mr. Jones said we have more authority to work with towing companies than
    with private parking lots. Many of our complaints do come from the result of towing
    companies.
    Mr. Norris invited towing company owners to speak. Ms. Linda Jones, owner of
    Colliers Towing, said they are contracted by parking lot owners. She said they already
    have the Towing Board of Virginia to answer to.
    Ms. Smith asked if the towing companies get called to pick up cars. Ms. Jones
    replied that was the case about half the time.
    Ms. Szakos said this solution brings everyone to the table.
    On motion by Ms. Szakos, seconded by Ms. Smith, the resolution passed. (Ayes:
    Ms. Szakos, Ms. Smith, Ms. Galvin, Mr. Huja; Noes: Mr. Norris.) Mr. Norris said he
    feels our hands are tied by the state’s requirement for the composition of the task force.
    Ms. Szakos asked staff to figure out if there are other ways to deal with the parking lot
    owners. Ms. Smith said there is a form available online that can be used to report issues
    until January of next year.
    OTHER BUSINESS: COUNCIL ACCESS TO EMPLOYEE MEDICAL AND
    DENTAL PLANS (carried)
    Mr. Beck presented to Council. Mr. Huja asked if Albemarle County provides an
    opt out benefit. Mr. Beck said they do not.
    Ms. Szakos said this is basically a 50% raise in the form of a benefit for Council,
    which seems like a big change in how Council is compensated. This is also an equity
    issue. However, having insurance is a barrier for people to serve on Council who may
    not be independently insured.
    Ms. Galvin said perhaps this is a benefit that should have been happening all
    along. We already get gym benefits; discriminating between which benefits Council
    receives and which they do not is unfair.
    Ms. Smith said Council should consider the benefit as if every Councilor would
    take advantage of it from a budget standpoint.
    Councilors requested the item be deferred to the next agenda.
    12
    MATTERS BY THE PUBLIC
    Ms. Lena Marie, City resident, said the 250th Anniversary events are very difficult
    to find online. She said we have a very good farmer’s market, and she hopes this will
    continue to be something the farmers want to continue to participate in. She agreed with
    the Precautionary Principle.
    Ms. Julia Wagman, City resident, spoke against adding chloramines to the water
    supply. She spoke of the negative effects of chloramines on health, copper pipes, and
    household appliances.
    Mr. Bruce Penner, City resident, said the inaugural concert of Queen Charlotte’s
    band will be part of the Festival of History, and he petitioned Council for a $750 grant to
    get the band started. Mr. Norris asked Mr. Jones to follow up to see if there is money in
    the 250 Committee budget for his band.
    Mr. Jehle, on the Bike Safety Committee, will be leading a ride from the IX
    building on March 24 and invited Councilors to participate. He and Ruth Stornetta are
    also leading neighborhood bike rides the last Sunday of each month. He said he is a
    temporary seasonal employee of the City, and he has been for 28 years, and health
    benefits are not available to them, even though they have worked for decades.
    Mr. Mark Kavit, 400 Altamont St., said NDRA took several months to put
    together a handout, which he distributed to Council. He called Council’s attention to a
    particular request, that the City encourage the County to buy additional land to
    accommodate baseball, soccer fields, and a municipal golf course. He said developers
    would rather pay fines and be non-compliant, because it is less expensive. He said we
    need to examine lots for better signage.
    The meeting was adjourned.
    Clerk
  • 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 4, 2012, 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 4, 2012
    Council met in special session on this date with the following members present:
    Ms. Galvin, Mr. Huja, Mr. Norris, Ms. Szakos, Ms. Smith.
    On motion by Ms. Szakos, seconded by Mr. Norris, Council voted, (Ayes: Mr.
    Huja, Mr. Norris, Ms. Szakos; Noes: None; Absent at time of vote: Ms. Smith, Ms.
    Galvin), to meet in closed session for (1) Discussion of the acquisition of real property
    right-of-way and easements by purchase or condemnation in connection with the Route
    250 / McIntire Road Interchange project, where discussion in an open meeting would
    adversely affect the City’s bargaining position or negotiating strategy, as authorized by
    Va. Code sec. 2.2-3711 (A) (3). The properties are located (a) at the intersection of
    Birdwood Road and the Route 250 Bypass; (b) on the north side of the Route 250 Bypass
    west of Park Street; (c) on the east side of McIntire Road near Harris Street; and (d) at
    Hillcrest Road and the Route 250 Bypass, 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. Smith, Council certified by the
    following vote (Ayes: Mr. Huja, Mr. Norris, Ms. Szakos, Ms. Smith, Ms. Galvin; 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 4, 2012
    Council met in regular session on this date with the following members present:
    Ms. Galvin, Mr. Huja, Mr. Norris, Ms. Smith and Ms. Szakos.
    2
    ANNOUNCEMENT
    Mr. Huja recognized the visiting delegation from Afghanistan.
    Mr. Huja read a proclamation in honor of the Virginia Business Appreciation
    Week. Mr. Chris Engel spoke about the week and introduced three local entrepreneurs,
    Rob Masri with Cardagin, Nikki Hastings with HemoShear, and Bayan Johnson with
    Amazing Cleaning Services.
    Mr. Huja recognized the City for their Public Transit Marketing Award. Ms.
    Kristen Gleason was present to accept the award.
    Mr. Huja announced an event for Flag Day at the Pavilion on June 14. He also
    read a proclamation in honor of Flag Week. Mr. Bob Stroh spoke on the Flag Day event.
    Sgt. Richard Lambert, U.S. Army, accepted the proclamation.
    Ms. Galvin announced the Summer Cooling Assistance Program. Applications
    should be submitted June 15 through August 15. Go online to commonhelp.virginia.gov
    or to your local Social Services department for an application.
    Ms. Galvin announced an education information session on chloramines on June
    21 from 6-8pm at the Albemarle COB. Mr. Jones listed the invited panelist members.
    Ms. Smith confirmed that RWSA will send out a press release.
    Ms. Szakos congratulated local graduates. She said at the Henry Ave. Learning
    Center, students created a new greenhouse and a library. The Venable Neighborhood
    Association Picnic is this Saturday, June 9th
    .
    Mr. Huja recognized the 250th Anniversary Committee for arranging the Festival
    of History last week.
    Ms. Szakos said she attended the unearthing of the time capsule from 1962, which
    contained a letter from Mayor Louie L. Scribner of 1962. Mr. Will Scribner, his son,
    presented the letter to Mayor Huja. Mr. Preston Coiner said the City is burying another
    time capsule on December 23.
    Ms. Smith read a letter from first grade students of Clark Elementary School
    about dog waste. She asked staff to address the question of dogs on school properties.
    MATTERS BY THE PUBLIC
    Mr. Paul Long, 1410 Grady Ave., said 1800 residents had utilities turned off at
    some point during the year last year, and a percentage of residents live in poverty. A
    very important part of solving this problem is transportation. Please expand and improve
    3
    public transportation services for the City. Charlottesville’s economic vitality depends
    on it. He particularly asked for full service on Wednesday, July 4.
    Mr. Evan Knappenberger, 308 Parkwood, said he was inspired by the Afghan
    delegation’s interest in democracy. The Citizens United resolution is a local issue, and it
    makes our democracy functional. He said there is a difference between moral leadership
    and political leadership.
    Mr. David Repass, 227 E. Jefferson St., said he represents the board of the N.
    Downtown Residents Association. The Martha Jefferson hospital and most of its doctors
    have moved away. Free Bridge, the neighborhood’s only route to the newly located
    offices, and the intersections near it are becoming clogged. He said Council’s October
    2007 commitment to develop an Eastern connector was not honored, and now a new
    development is proposed for this area. Please establish a taskforce for an Eastern
    Connector.
    Ms. Nancy Carpenter, 727 Denali Way, asked Council to approve the Citizens
    United resolution. She read a list of states and localities that have supported the
    resolution.
    Mr. John Cruickshank, 324 Parkway St., said he is speaking as a representative of
    the Virginia chapter of the Sierra Club. Members are concerned about the decision in the
    Citizens United Supreme Court case and urge Council to approve a resolution calling for
    the overturn of this decision.
    Mr. David Swanson, 707 Gillespie Ave., said he is also in support of a resolution
    opposing the Citizens United decision.
    Mr. Tim Davis, 1790 Bundoran Dr., said he supports the proposal to overturn the
    Citizens United decision. He said Ms. Galvin’s objection based on this being a non-local
    priority is not valid, because there is a correlation between local issues and what happens
    on the national level.
    Mr. John Pfaltz, 1503 Rugby Rd., said he campaigned for an Eastern Connector
    instead of Meadowcreek Parkway. This must be done in conjunction with the Lockland
    Hills development.
    Ms. Naomi Roberts, 1140 St. Clair Ave., said Council is putting low priority
    issues on the agenda and neglecting important local issues. She thanked Ms. Galvin for
    speaking against putting Citizens United on the agenda.
    Mr. Kirk Bowers, resident of Albemarle County, said he has serious concerns
    about chloramine. The health of citizens is not worth the risk. He said if the Eastern
    Connector goes through his neighborhood, Key West, there will be a tremendous fight.
    He asked for coverage of a wider spectrum of history for the next Festival of History, not
    just from a military perspective.
    4
    Mr. Todd Meyer, 106 Chisholm Pl., asked Council to reconsider their cut to the
    cooperative extension’s gardening program. A cut would impact other funding sources
    and two full time positions.
    Ms. Rebecca Quinn, 104 4th St. NE, thanked Ms. Mueller and Mr. Jones for
    getting the public notice of utility rate changes to show both the current rates and the
    proposed rates. She said she is concerned about cut-offs and the impact of utility rates on
    low income residents. She asked Council to appoint a task force to examine why
    Charlottesville rates are so high and answer questions about rate structure.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Ms. Szakos told Mr. Long that Mr. Jones and she attended the Virginia First
    Cities meeting, where she discussed how to counteract transportation funding models that
    dis-incentivize localities from choosing transit over new roads.
    Ms. Galvin thanked Mr. Pfaltz, Mr. Repass, and Mr. Long for speaking on
    transportation issues.
    Ms. Smith said she supported the idea of a task force to investigate the
    complicated issues that go into the water rates and to investigate the shocking number of
    annual cut-offs. She thanked Mr. Meyer for coming in support of Extension Services.
    Mr. Norris asked for clarity on the utility taskforce, whether it is a data gathering
    effort or a group that would be in charge of making recommendations. He said he was
    not upset at removing the Eastern Connecter for quid pro quo for the McIntire Parkway,
    but if there are new ideas for handling the connection problem and congestion on Free
    Bridge, he is open to hearing them. He said he was not interested in a solution that
    involves further loss of parkland.
    On motion by Mr. Norris, seconded by Ms. Smith, Ms. Szakos was appointed to
    the Disproportionate Minority Contact Committee. (Ayes: Mr. Norris, Ms. Smith, Ms.
    Galvin, Mr. Huja; Noes: None; Abstained: Ms. Szakos.)
    CONSENT AGENDA
    Ms. Szakos expressed delight in the Design for Cville program. Ms. Smith
    thanked the citizens who have worked on the Jefferson Park Circle Easement.
    On motion by Mr. Norris, seconded by Ms. Szakos, the following consent agenda
    items were approved: (Ayes: Ms. Galvin, Mr. Huja, Mr. Norris, Ms. Szakos, Ms. Smith;
    Noes: None.)
    5
    a. Minutes for May 21
    b. APPROPRIATION: March Primary Reimbursement - $16,000 (2nd reading)
    c. RESOLUTION: 1719 Hydraulic Road Special Use Permit
    d. ORDINANCE: Conservation / Open Space Easement on Jefferson Park
    Circle Land (2nd reading)
    e. ORDINANCE: Restrictive Covenant on Azalea Park Land (2nd reading)
    f. ORDINANCE: Design for Life Cville (2nd reading)
    g. ORDINANCE: Homeowner Tax Relief Grant – 2012 (carried)
    h. ORDINANCE: Personal Property Tax Assessment of Vehicles Used by
    Students (carried)
    RESOLUTION: MOVE TO AMEND – CITIZENS UNITED
    Ms. Smith read the proposed resolution.
    Ms. Szakos said she is in support of the principle of the resolution, but suggested
    removing the first reference to Article V of the US Constitution, because the same
    sentiment is expressed later in the resolution. She said she is uncomfortable with the
    word “erroneously” in the third paragraph. Also, the resolution should be “by the
    Council of Charlottesville”, not “by the people of Charlottesville”. She said she believes
    this is a local issue because large corporations that are not headquartered in
    Charlottesville have such a huge impact on us locally. This does not take away from
    local issues, and we do not make local decisions in a vacuum. They are made in the
    context of state, federal, and international policies.
    Ms. Smith said she supported the resolution, including Ms. Szakos’ changes.
    Outside money coming into our government will dilute the voices of citizens.
    Ms. Galvin said there is an alternative view of how to proceed. She read a
    statement that she believes Council should stay focused on local matters in
    Charlottesville, and the pattern of weighing in on non-local issues outside of our purview
    sets a dangerous precedent. Council will not address stated priorities, such as ending
    poverty, for several months, but this issue was placed on the agenda after being
    introduced to Council two weeks ago, and was also placed on the agenda ahead of local
    issues. She has heard from residents who are frustrated on our lack of focus on local
    issues over which we do have control. She said she believes this belongs in the hands of
    US Congressman and will therefore abstain from voting on this resolution.
    Mr. Norris said every locality adopts a legislative agenda and routinely
    communicates with our federally elected officials on national issues. It is not unmerited
    or unwise to occasionally spend time speaking out against threats that exist on a national
    level. We do spend a vast majority of our time discussing local issues. He seconded the
    resolution.
    6
    Mr. Huja said he agreed with the sentiments of the resolution and believes it is a
    legitimate role of Council to discuss matters that affect our citizens.
    Council voted, and the resolution passed. (Ayes: Mr. Norris, Ms. Szakos, Ms.
    Smith, Mr. Huja; Noes: None; Abstained: Ms. Galvin.)
    PUBLIC HEARING / RESOLUTION: BIRDWOOD ROAD
    Ms. Angela Tucker presented to Council. She reviewed significant milestones
    accomplished since 2005. She asked Council to conduct a public hearing on Covenant
    School but said a condemnation may not be necessary pending negotiations. Because the
    project requires the relocation of utilities to new locations, there are two public hearings
    on conveying easements to Virginia Dominion Power and Century Link.
    The public hearing was opened.
    Mr. Peter Kleeman, 407 Hedge St., said these next four items are integrated. He
    objected to the structure of the easements and objected to eminent domain takings. He
    said Council could continue negotiating with land owners and not take action today. He
    said there are problems with the arrangements not complying with the agreements we
    have in place.
    Mr. Daniel Bluestone, 501 Parkhill, said Council should ask staff about the
    federal earmark for the project, which he believes is not sufficient to pay for this
    interchange. He asked where the extra money will come from, and at what point will
    Council decide to redesign the interchange. Until you know the cost and how much the
    City has already paid to the consultant on the interchange, it is difficult to move forward
    with condemning or purchasing land.
    Having no further speakers, the public hearing was closed.
    Ms. Smith asked Ms. Tucker to comment on the federal earmark. Ms. Tucker
    said we are on budget. She estimated $5 million has been spent in design. Ms. Smith
    confirmed that would be subtracted from the federal dollars available. Ms. Smith asked
    what would happen if the bids come in higher than what our estimates are, and what
    action we would take. Ms. Tucker said staff would review the project to ascertain where
    the disconnect happened and take action to close the gap. Ms. Smith asked if one of
    those options would be to ask Council for money. Ms. Tucker said that would be an
    option, but it is not one staff is considering at this time.
    Ms. Szakos said she is delighted we seem to be reaching a positive settlement.
    7
    PUBLIC HEARING / RESOLUTION: HILLCREST ROAD
    The public hearing was opened.
    Mr. Peter Kleeman, 407 Hedge St., said it appears the negotiating process has
    been moving along successfully, and there is only one property that has yet to reach a
    compromise. Find a way to negotiate, and delay taking a vote at this time. The city
    should pay the price they were already willing to pay, not the condemnation price. Please
    speak with your attorney to see if those utilities require that you own the property.
    Mr. Alex Hancock, 2712 Eaton Rd., said he agreed with Mr. Kleeman.
    Having no further speakers, the public hearing was closed.
    Ms. Szakos confirmed with Mr. Brown that we are only granting easements on
    properties we own.
    Ms. Smith asked if a traffic study has been done where cars are coming off Park
    St. going west on 250. Ms. Tucker said this is a weave analysis, and the plans were
    approved by VDOT and the FHA. We do have specific analyses designed to show this
    pattern will work. Ms. Smith said the level of service on Park Street never improves at
    any step of the project. Ms. Tucker said the volume of cars that travel on Park Street, and
    the fact that it is residential, is what causes this area to be scored low on service level.
    The new design will solve some of the cut through problems and provide multi-modal
    access.
    On motion by Ms. Galvin, seconded by Ms. Szakos, the resolution passed. (Ayes:
    Ms. Szakos, Mr. Huja, Ms. Galvin; Noes: Mr. Norris, Ms. Smith.)
    PUBLIC HEARING / ORDINANCE: DOMINION VIRGINIA POWER (carried)
    The public hearing was opened.
    Mr. Peter Kleeman, 407 Hedge St., said the VA Dominion Power easement does
    not appear to be on City property. This is a difficult document for citizens to read. The
    agreement seems standard for all occasions, regardless of the situation. Write a contract
    that is readable and refer to participants by their names, identify the parcels in some
    meaningful way, so the average literate person can understand them.
    Having no further speakers, the public hearing was closed.
    Ms. Szakos said he agreed legal language is difficult to interpret, but she is
    satisfied that our attorney understands.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the ordinance carried.
    8
    PUBLIC HEARING / ORDINANCE: CENTURY LINK (carried)
    The public hearing was opened.
    Mr. Peter Kleeman, 407 Hedge St., said that while Ms. Szakos may be confident
    that the attorney understands the document, it should still make sense to the public or
    other interested parties. Legal documents should be made readable, especially when they
    are land transfer documents. He said we should be straightforward about what we are
    doing with property, whether we are selling or leasing property, or gifting it. Change the
    language before finalizing the contract to clarify that it is a sale of rights, a lease or a
    grant.
    Having no further speakers, the public hearing was closed.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the ordinance carried.
    PUBLIC HEARING / ORDINANCE: GRANT OF UTILITY EASEMENT UNDER
    11TH STREET TO THE UNIVERSITY OF VIRGINIA FOUNDATION (carried)
    Mr. Brown presented to Council. He clarified that this is unrelated to the
    Meadowcreek Parkway. The purpose of this is to serve the new Battle Building at the
    UVA Children’s Hospital.
    The public hearing was opened.
    Having no speakers, the public hearing was closed.
    Ms. Smith asked if this has implications for future use of the land. Mr. Brown
    said there is not a financial impact on the City, as the easement is going to the UVA
    Foundation. They will ultimately transfer it to the University, who will assume
    responsibility for all maintenance and repairs.
    On motion by Ms. Szakos, seconded by Mr. Norris, the ordinance carried.
    REPORT / ORDINANCE: REZONING PROPERTY ON ETON ROAD FOR
    PLANNED UNIT DEVELOPMENT
    Mr. Haluska presented to Council. The Planning Commission is recommending
    this application for denial. Council may deny modification, continue the application
    hearing to a later date, or refer a modified application back to the Planning Commission
    for review.
    9
    Mr. Huja said he would be reluctant to defer a decision. Ms. Szakos said the
    applicant has had plenty of opportunity to modify. Ms. Galvin asked if there was
    anything in staff’s opinion that would warrant the increased density the applicant
    proposed. Mr. Haluska said the applicant felt the PUD as presented was the best
    arrangement of units as could be accommodated on the site. Ms. Galvin clarified that this
    was not anything that was reflective of a comprehensive planning goal.
    Mr. Brown said Council must have a final proffer to refer this back to the
    Planning Commission.
    Ms. Szakos moved that Council reject the PUD. Mr. Norris seconded. The
    ordinance to deny the application carried.
    REPORT / ORDINANCE: UTILITY RATES (passed)
    Ms. Sharon O’Hare reviewed suggested rate changes.
    Ms. Smith asked what percentage facility fees would increase. Ms. O’Hare said
    we currently have not built in the additional amount. The recommendation for this year is
    $350,000. We received $211,000 last year. Ms. Smith said why there was such an
    increase. Ms. O’Hare said there has been an increase in construction and rehabilitation
    over the last three months.
    Ms. Smith confirmed that the facility fees developers pay go into a fund, and there
    are no costs that we have to then make up for, because we are using them to offset water
    rates. Ms. O’Hare confirmed that everything that comes in through facility fees go into
    the rate stabilization fund.
    Ms. Smith said she wants a taskforce or group of people to discuss utility rates.
    She is exceptionally concerned about the rate stabilization fund, because we are
    outspending it. This is an unsustainable process. Also, we need to explore the built in
    costs, which are really taxes. They are increasing rates by 20-25%. This is playing into
    the fact that we have such a high rate of utility cut-offs, and we need to get a grasp on
    what is in our utility rates and what impact it has on our citizens.
    Mr. Huja said we have had this system for the last two or three years. Changing
    the facilities fee implies more taxes. This would have the greatest impact on the very
    people we are trying to help.
    Ms. Smith said the money we are putting into our general fund could be used to
    bring our rates down and make our utilities more affordable. It may have been logical at
    one point, and perhaps it still is, but we need to have the conversation.
    Mr. Norris asked Ms. O’Hare if she was confident we can continue buying down
    our rates with facility fees, or if she believes there is a wake-up call on the horizon. Ms.
    10
    O’Hare said she is not concerned with the water utility. The forecast goes out to FY 17,
    and we have a healthy balance. She is concerned about the wastewater fee, because there
    has been more difficulty trying to balance this out. The forecast does not consider
    economic growth and the increase in facility fees, so we have been insulated by the
    economic downturn. We will see that increase with economic growth.
    Ms. Galvin confirmed that staff is setting up to follow that trend. Ms. Galvin said
    she would be interested in looking at this at some point. We are still lower than
    Albemarle County.
    Ms. Smith asked why the payment in lieu of taxes (PILOT) income is increasing
    when rates are decreasing. Ms. O’Hare said the PILOT is generated by the previous year.
    Ms. Smith asked if we could get a legal opinion on PILOT for Council.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the ordinance passed. (Ayes:
    Ms. Szakos, Mr. Huja, Ms. Galvin; Noes: Mr. Norris, Ms. Smith.)
    Mr. Jones confirmed that staff would come back to Council with a proposal for a
    utility rates task force.
    REPORT: CULTURAL ARTS PLAN FUNDING REQUEST
    Ms. Maggie Guggenheimer presented to Council on the work of the Piedmont
    Council of Arts and their proposed plan.
    Ms. Galvin asked for an explanation of the funding source. Mr. Jones said this
    will come from the Public Art Fund, where we have a reserve balance. Traditionally the
    fund has been used for the Art in Place program.
    Ms. Szakos said arts are important to our spiritual wellbeing and our economy.
    Ms. Galvin said this is a strategic plan, and she urged the group to keep their ears
    open for upcoming work from the Strategic Area Investment Planning Process.
    Mr. Norris said he strongly endorsed the proposal. He recommended examining
    international linkages available through our Sister City partnerships.
    Ms. Smith said she is concerned that there is not enough of a minority presence.
    The African American Heritage Center has a similar goal of bringing more multicultural
    entertainment to our city. Also, the media outreach is very traditional and does not reach
    minority audiences. We are also becoming an international community, particularly with
    IRC’s efforts. She thanked PCA staff for their efforts.
    Mr. Huja thanked PCA and said Mr. Norris’s suggestion was excellent.
    11
    On motion by Ms. Szakos, seconded by Ms. Smith, the request for funding passed
    unanimously. (Ayes: Ms. Szakos, Ms. Smith, Ms. Galvin, Mr. Huja, Mr. Norris; Noes:
    None.)
    REPORT: UPDATE – VIRGINIA EXTENSION SERVICES FY 2013 FUNDING
    REQUEST
    Ms. Beauregard presented to Council and gave them a history of the budget
    process surrounding the funding for Virginia Extension Services. Ms. Beauregard
    recommended revisiting the MOU to tie funding to performance.
    Ms. Smith asked why VEC is in the ABRT process instead of the contractual
    services category. Ms. Beauregard said they would probably be moved back into the
    latter category if we knew an MOU existed. Ms. Smith said she does not believe VEC
    should be punished for being put in the wrong category. They were assessed based on
    criteria that were not necessarily appropriate.
    Mr. Huja said we need to have an MOU that addresses what the outcomes are. We
    do need to have results.
    Ms. Szakos said she was concerned because they knew the process and did not fill
    out a complete application correctly. This has cost the City staff time, and if the VEC
    had taken the staff time to fill out their application, we would not be spending time on
    this now after the budget has already been adopted.
    Ms. Galvin thanked Ms. Beauregard and Ms. Ellis for their tenacity. We
    definitely need to have a revised MOU. Ms. Galvin proposed developing the MOU and
    only funding this if there are additional funds left over at the end of the year. We
    currently have no data on how this program benefits residents.
    Ms. Smith said this is a different animal, and the process did not match the needs
    of the agency. The services VEC provides are an incredible deal.
    Mr. Norris asked Ms. Beauregard to restate staff recommendations. He moved
    that we proceed to rewrite the MOU, and approve a source of funding to make them
    whole for this year.
    Ms. Carrie Swanson, Unit Coordinator for the Charlottesville/Albemarle VEC
    office, said the process was new for them. They have data on the number of residents
    served. Readdressing the MOU is a good idea. They are three weeks away from the end
    of the fiscal year, and they have three employees that stand to lose their job July 1.
    Mr. Huja said Council can take action at the June 18 meeting.
    12
    Ms. Smith said we have given the group full funding in the past, but it may not
    have been used because there were two unfilled positions. She asked Ms. Beauregard to
    follow up with the county on possible remaining funds.
    Staff will come back to Council with a resolution on June 18. Fourth quarter
    funding will be contingent on an MOU.
    REPORT / ORDINANCE: COUNCIL ACCESS TO EMPLOYEE MEDICAL AND
    DENTAL PLANS (carried)
    Mr. Beck presented to Council. It is not unusual for localities in the state to
    provide Council access to staff benefits. The funding varies, and how Council classifies
    themselves dictates how benefits are administered. None of the researched localities
    provided an opt-out benefit.
    Mr. Huja said it does not affect him directly because he is a retiree of the City.
    He supports health benefits for all employees, not just for Council.
    Ms. Smith said she fully believes this is a full time job and should be afforded
    benefits, although she is privileged in that she would not have to take advantage of it.
    She said this would allow a more diverse group of residents to consider this position.
    Mr. Beck qualified that the employee opt-out program requires proof of alternate
    insurance.
    Ms. Galvin said she thinks this should take effect for future Council. Ms. Szakos
    agreed. Ms. Smith said we are not all elected at the same time.
    Ms. Smith moved that we approve the ordinance with the opt-out benefit.
    Ms. Galvin asked Mr. Brown what the code says about Council raising their pay.
    Mr. Brown said Council cannot increase their salary. Salary increases would take effect
    July 1 after the next regularly scheduled election. The state code draws a distinction
    between salary and benefits.
    Mr. Norris seconded the motion. The ordinance carried.
    MATTERS BY THE PUBLIC
    Mr. Peter Kleeman, 407 Hedge St., said he supported Council receiving access to
    benefits. He applauded Council for opening themselves up to the joys and criticisms of
    addressing national issues.
    13
    Mr. Brandon Collins, 536 Meade Ave., said Council has the responsibility to
    address national and international issues. He said Council should not lose sight of utility
    cut-offs. Use billing income to address the problem. Transit Riders of Charlottesville will
    meet in the library on June 23 to discuss transportation. VEC has an impact on many
    communities.
    Mr. Scott Bandy thanked Ms. Galvin for her thoughtful abstention from the action
    Council took on Citizens United. He said consider the Dillon Rule.
    COUNCIL RESPONSE
    Mr. Norris said he does not feel it is our role to comment on national and
    international issues. He sees a clear line between passing a resolution and petitioning our
    government on an issue that has direct local impact.
    The meeting was adjourned.
    Clerk
  • 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 18, 2012, 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 18, 2012
    Council met in special session on this date with the following members present:
    Ms. Galvin, Mr. Huja, Mr. Norris, Ms. Szakos, Ms. Smith.
    On motion by Ms. Galvin, seconded by Ms. Szakos, Council voted, (Ayes: Mr.
    Huja, Mr. Norris, Ms. Szakos, Ms. Galvin; Noes: None; Absent: Ms. Smith), to meet in
    closed session for (1) Discussion of the acquisition by purchase or condemnation of real
    property right-of-way and easements located on the north side of the Route 250 Bypass
    west of Park Street in connection with the Route 250 / McIntire Road Interchange
    project, where discussion in an open meeting would adversely affect the City’s
    bargaining position or negotiating strategy, and discussion of the acquisition by purchase
    or condemnation of real property right-of-way and easements located in the City on the
    north side of Hydraulic Road and on the east side of U.S. Route 29 in connection with
    proposed road improvements, where discussion in an open meeting would adversely
    affect the City’s bargaining position or negotiating strategy, all as authorized by Va.
    Code sec. 2.2-3711 (A) (3); 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. Galvin, seconded by Ms. Szakos, Council certified by the
    following vote (Ayes: Mr. Huja, Mr. Norris, Ms. Szakos, Ms. Galvin; Noes: None;
    Absent: Ms. Smith), 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 18, 2012
    Council met in regular session on this date with the following members present:
    Ms. Galvin, Mr. Huja, Mr. Norris, Ms. Smith and Ms. Szakos.
    2
    ANNOUNCEMENTS
    Mr. Huja announced the members of the City's Bicycle Safety committee chose
    Jeff Shirley as this year's recipient of our second annual Community Partner Award. Mr.
    Shirley was present to accept the recognition.
    Ms. Szakos announced the Better Business Awards Ceremony on Thursday, June
    21 at the Paramount Theatre. Ms. Terri Kent was present and spoke about the event.
    Ms. Szakos announced the Charlottesville Community Band Festival on June 30
    at the Pavilion.
    Ms. Galvin reminded citizens of the chloramines public forum Thursday, June 21
    at the Albemarle County Office Building in the Lane Auditorium, followed by a Four
    Boards Meeting on July 25. She also announced the RAD self-defense training program
    on June 23-24.
    Ms. Smith said she enjoyed being a judge for the Better Business Challenge and
    encouraged citizens to attend the awards ceremony. She also reminded citizens of the
    Summer Cooling Assistance Program, which runs through August 15.
    Mr. Norris announced VDOT is hosting a public meeting regarding the
    improvement project at US 250 and Best Buy at the Holiday Inn on Wednesday, June 20.
    MATTERS BY THE PUBLIC
    Mr. Andrew Silver, 108 Harris Rd., owner of Zocalo Restaurant, spoke to Council
    about mall vagrancy. He cited recent incidents on the downtown mall and said cameras
    and increased policing are some ideas for improving the safety of the downtown mall.
    More resources must be dedicated to this problem. He asked for the benches around the
    fountain to be removed, because they are not being utilized by patrons, but by vagrants.
    Ms. Alissa Reeves, 413-B Moseley Dr., distributed photos to Council of vagrancy
    and issues on the downtown mall, especially activity at Central Place. She provided a list
    of recent incidents that have affected her business. She said she has not been satisfied
    with police attention to recent incidents. She also asked for removal of benches next to
    fountains at Central Place, greater police presence, and surveillance video cameras.
    Ms. Lexi Moore, 716 B Madison Ave, is a waitress at Sals and said she has
    witnessed increasing issues with dangerous activity on the downtown mall, particularly
    involving homeless people and vagrants.
    Ms. Karen Walker, Business Owner, 112 Second St., said she is around the corner
    from Central Place and reiterated what previous speakers said about the vagrancy
    3
    problem on the downtown mall. She said something needs to be done about public
    cursing.
    Ms. Marnie Allen, representing MACAA, said she wanted to express appreciation
    for HAC’s support for funding for the Hope House.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Mr. Huja said he recognizes concerns about the downtown mall and believes they
    are legitimate. He has had a lengthy discussion with the City Manager to see what steps
    the City can legally take to enforce the laws on the downtown mall.
    Ms. Smith said it is helpful to hear from the downtown mall business owners and
    workers, and she said she is also concerned about the situation. She said it is important to
    get information about who are the perpetrators, because there are lots of assumptions
    being made, and finding out more about where people are coming from would be helpful
    in developing a strategy to alleviate the problem.
    Mr. Norris said he agreed that we need a short term step-up in enforcement to
    crack down on unacceptable behaviors. These issues detract from the experience of
    being on the downtown mall. He supports short term and long term steps, including
    examining stronger ordinances. He asked for a work session to discuss policy and
    programmatic changes to get a better handle on the problem.
    Ms. Galvin echoed her fellow Councilors and said she supports a work session to
    fully investigate this problem and employ a solution.
    Ms. Szakos said she also agreed. She said one structural issue that will soon be
    resolved is the vacant hotel shell, which creates an empty space. This abandoned project
    has created issues. She said our economy has tanked, and so we have aimless citizens
    and lack of adequate mental health and substance abuse services. We should also
    examine the source of these problems as we look at enforcement.
    On motion by Mr. Norris, seconded by Ms. Smith, the following members were
    appointed to Boards and Commissions: to the Citizen’s Advisory Panel, Arthur Sikora; to
    the CDBG, Chris Burton; to the Dialogue on Race, Gayle Floyd and Carmelita Wood; to
    MACAA, Fred Greer and Joy Johnson; to the Planning Commission, Lisa Green and Dan
    Rosensweig; to Region 10, Aaron Laushway; to the Retirement Commission, Dave
    Shifflett, Mary Kay Kotelec, and Pete Wingfield; to the Sister City Commission, Ralph
    Brown, Nana Ghartey, Krista Farrell, and Jeff Legro; to the Social Services Board, Anne
    Broccoli, Carl Brown, Stephanie Cangin, Jean Zearley, and Judith Zeitler. (Ayes: Mr.
    Norris, Ms. Smith, Mr. Huja, Ms. Szakos, Ms. Galvin; Noes: None.)
    4
    CONSENT AGENDA
    Ms. Szakos made a correction to the minutes.
    On motion by Ms. Szakos, seconded by Ms. Smith, the following consent
    agenda items were approved: (Ayes: Ms. Galvin, Mr. Huja, Mr. Norris, Ms. Szakos, Ms.
    Smith; Noes: None.)
    a. Minutes for June 4
    b. APPROPRIATION: Amendments to FY 2013 Adopted City Schools General
    Fund & Other Governmental Funds Budget - $615,174
    (carried)
    c. APPROPRIATION: Housing Rehabilitation Loan Repayment - $18,884.36
    (carried)
    d. APPROPRIATION: Housing Rehabilitation Small Repair Loan Repayment -
    $743.60 (1 reading)
    e. RESOLUTION: School Resolutions Regarding Virginia Retirement System
    Rates and Employee Contributions for FY 2013
    f. RESOLUTION: City Contribution to Charlottesville Area Cultural Art Plan -
    $25,000
    g. RESOLUTION: MACAA Matching Funds for DHCD Housing Solution
    Grant (HSG) - $48,000
    h. RESOLUTION: PHAR Matching Funds for Bama Works Grant - $25,000
    i. ORDINANCE: FY13 Supplemental Contribution to Virginia Cooperative
    Extension - $7,355
    j. ORDINANCE: Council Access to Employee Medical and Dental Plans (2nd
    reading)
    k. ORDINANCE: Homeowner Tax Relief Grant – 2012 (2
    nd reading)
    l. ORDINANCE: Personal Property Tax Assessment of Vehicles Used by
    Students (2
    nd reading)
    m. ORDINANCE: Grant of Utility Easement Under 11th Street to UVA
    Foundation (2
    nd reading)
    n. ORDINANCE: Conveyance of easement to Dominion VA Power –
    McIntire Rd Interchange (2
    nd reading)
    o. ORDINANCE: Conveyance of easement to Century link – McIntire Rd
    Interchange (2
    nd reading)
    p. ORDINANCE: Eton Road Planned Unit Development (2
    nd reading)
    PUBLIC HEARING / RESOLUTION: ROUTE 250 BYPASS
    Mr. Tolbert presented to Council. The City has reached an understanding with
    MACAA to begin a friendly condemnation procedure in order to move the project
    forward. The intention is to continue working with them to come to a mutually agreeable
    negotiation.
    The public hearing was opened.
    5
    Having no speakers, the public hearing was closed.
    Ms. Szakos said she was pleased that both City staff and MACAA were able to
    figure out how to move forward in a mutually agreeable way. All parties are operating
    from a position of goodwill.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the resolution passed. (Ayes:
    Mr. Norris, Ms. Smith, Mr. Huja, Ms. Szakos, Ms. Galvin; Noes: None.)
    REPORT: COMMUNITY INVESTMENT COLLABORATIVE UPDATE
    Mr. Toan Nguyen presented to Council. He described the Community Investment
    Collaborative program, a microenterprise development organization with a mission to
    leverage community resources to provide capital and education to local entrepreneurs
    who have not been able to access traditional sources of funding and education. He
    described recent successes and recognized contributors.
    Ms. Hebah Fisher described the training stage of the program, including class
    structure and participants, and recognized contributors and trainers. She discussed the
    financing stage of the program. The final stage is mentoring. She gave an overview of
    the entrepreneurs in their class.
    She introduced Ms. Sandra Carr, who gave an account of her entrepreneurial
    experience. She also described the classmates’ participation in the TomTom Pitch
    Festival. She invited Council to the graduation on August 4 at 4:00 pm in CitySpace.
    Mr. Nguyen introduced the CIC board to Council.
    Ms. Szakos said she enjoyed participating in several of the entrepreneur’s
    surveys.
    Ms. Smith said the program is fantastic. She asked if participants ever come in
    with just an idea, who does not already have a business. Mr. Nguyen said there are 18
    participants, and nine of them have businesses. Ms. Smith asked how they recruit their
    entrepreneurs. Mr. Nguyen said they work with local agencies, including MACAA and
    OAR, who has been suggesting participants for the program. Ms. Smith asked if they are
    planning on one class a year. Mr. Nguyen said for now, yes; they are focusing on
    following this class through a complete cycle. They plan on doing two classes next year.
    Mr. Alfred Allen Ale spoke about his organic garden and talked about how the
    class has helped him with his business.
    Ms. Galvin asked what happens to graduates after graduation. She asked if they
    have a space to move into. Ms. Fisher said the program is working on that piece, but for
    now they receive a certificate of completion and are paired with a mentor. Mr. Nguyen
    6
    said a challenge for the next phase is to find a space for graduates to use, and he hoped
    Council and the community could assist.
    Mr. Huja thanked Mr. Nguyen for his leadership on this project.
    Mr. Nguyen thanked Mr. Norris for his support and advice.
    REPORT: PROMISE NEIGHBORHOOD GRANT UPDATE
    Mr. Sarad Davenport updated Council on the City of Promise program. He gave
    background on the program, outlined expected output for the planning year, and reviewed
    planning year goals. A needs assessment survey is underway to determine the academic
    and community support needs as defined by neighbors. He described the plan
    development process and discussed how they are establishing partnerships with
    community partners. He discussed their progress towards building community
    participation.
    Ms. Smith asked how much this will mesh with existing programs that are in
    place within the community and schools. Mr. Davenport said a goal of the program is to
    connect people to resources that are already available. Ms. Smith said she wants to be
    sure we are assessing the effectiveness of programs, and that they are examined
    comprehensively.
    Mr. Norris asked what Mr. Davenport saw in Harlem that could be replicated
    locally. Mr. Davenport said the Harlem Children Zone is their own organization and
    provides their own services. We here may not necessarily create our own programs, but
    instead partner with existing programs. We have different issues, but the goal of
    academic excellence for all children is the same.
    Mr. Huja asked what kind of successful outcomes we can expect three years from
    now. Mr. Davenport said we want to see our young people reading on grade level and
    kindergarten-ready. College graduates will be coming back to Charlottesville to help
    develop a culture of success.
    Ms. Smith asked how the program addresses children who move out of the zone.
    Mr. Davenport said in Harlem, once you are in the Harlem Children’s Zone, you stay
    there. Logistically, this is something we will have to decide on as a group. Ms. Smith
    asked how well their data system will mesh with the data system the schools use. Mr.
    Davenport said their data system, ETO, can accommodate school data. Ms. Smith asked
    about City data, such as social services. Mr. Davenport said much of that will be manual,
    and this is an issue currently being discussed. Ms. Smith said information sharing has
    been a problem, and she hopes this will be addressed on the whole.
    Ms. Szakos said something that changes the game is that one of the ultimate goals
    of the City of Promise is to grow to serve the entire community.
    7
    Mr. Norris asked about the importance of community and neighborhood
    engagement. Mr. Davenport said community engagement may be uncomfortable, but
    you have to build trust and be consistent and do the work no one else can do. That is the
    approach and culture the program has. We seek to understand first, which has made us
    successful thus far.
    Ms. Galvin asked if there is a parent component to the program. Mr. Davenport
    said there is a parent council, and they are always engaged. Reaching out to the parents
    is the first step. They approach the family first.
    MATTERS BY THE PUBLIC
    Mr. Peter Kleeman, 407 Hedge St., said he is concerned that natural spaces will
    be converted to non-green spaces. Council should work with Planning Commissioners to
    maintain as much natural plant material as possible in those areas instead of installing
    synthetic playing fields, for example.
    Mr. Brandon Collins, 536 Meade Ave., thanked Council on behalf of PHAR for
    the matching funds for the BAMA Works Foundation contribution. He addressed the
    reasons for PHAR’s withdrawal from the City of Promise.
    Mr. Alex Hancock, 2712 Eaton Rd., said Council should address community
    issues before world issues.
    Ms. Yolanda Armstrong, speaking on behalf of the CIC, said she is a participant
    in the program, and it is much needed for people who need special training and resources
    to start their own business. She is with a Taste of Home, a southern cuisine that will
    include food trucks.
    Mr. Quinton Harrell, 4737 Bluejay Way, said he commends the CIC. He also said
    City of Promise has boundless potential for what it can do for this community.
    COUNCIL RESPONSE
    Ms. Smith said recently a keynote speaker discussed the need to educate our
    children not so much how to get jobs, but how to create jobs, and this really speaks to
    what CIC is doing.
    The meeting was adjourned.
    Clerk of Council
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Monday, July 2, 2012, 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 2, 2012
    Council met in special session on this date with the following members present:
    Ms. Galvin, Mr. Huja, Ms. Szakos, Ms. Smith.
    On motion by Ms. Smith, seconded by Ms. Szakos, Council voted, (Ayes: Mr.
    Huja, Ms. Szakos, Ms. Galvin, Ms. Smith; Noes: None; Absent: Mr. Norris), to meet in
    closed session for consultation with legal counsel regarding the negotiation of the terms
    and conditions of a cost sharing agreement with the Albemarle County Service Authority
    for the costs of a new Rivanna Water and Sewer Authority Sanitary Sewer Pump Station,
    as authorized by Virginia Code sec. 2.2-3711 (A) (7.
    On motion by Ms. Smith, seconded by Ms. Galvin, Council certified by the
    following vote (Ayes: Mr. Huja, Ms. Szakos, Ms. Galvin, Ms. Smith; 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 – July 2, 2012
    Council met in regular session on this date with the following members present:
    Ms. Galvin, Mr. Huja, Ms. Smith and Ms. Szakos.
    ANNOUNCEMENTS
    Ms. Smith read a proclamation in recognition of Parks & Recreation month. Mr.
    Daly was present to accept.
    Ms. Smith announced the 4th of July Fireworks at McIntire Park. She also
    announced a blood drive on Monday, July 9 at the Doubletree Hotel. On Friday, July 13
    2
    from 5-8:00 p.m. at CitySpace, there will be a special exhibit featuring Ed Roseberry’s
    photography.
    Ms. Szakos announced Virginia Supportive Housing, who operates The
    Crossings, was recognized by the Virginia Sustainable Network with the 2012 Innovation
    Award. Also, City Hall and the Annex will be closed on July 4. CAT Route 7 and the
    free trolley will offer the Sunday service schedule.
    Ms. Galvin announced the free storm debris collection, starting Monday, July 9,
    for tree debris from the June 29 storm only. Contact 970-3895 for more information and
    to schedule an evaluation. Also, the Chloramines Four Boards meeting will be held July
    25 at 7:00 p.m., in Lane Auditorium. There will be a Council Worksession Thursday at
    5:00 p.m. in City Space regarding Economic Development and Workforce Readiness.
    Mr. Huja announced the recruitment of election officers Monday, July 9 from
    5:00 – 7:00 p.m. in CitySpace. He encouraged citizens to take part in the 4th of July
    ceremony at Monticello.
    MATTERS BY THE PUBLIC
    Mr. Paul Long, 1410 Grady Ave., said very little of the VDOT funding will go to
    public transportation. He is disappointed that CAT is not offering full service on July 4.
    He suggested a resolution in support of a $5 million grant for expansion of CAT.
    Ms. Carol Saliba, 802 Cynthianna Ave., said she is opposed to rezoning of the lots
    at Rose Hill and Cynthianna Ave. because it will increase the amount of traffic and noise,
    and she opposes the style of the apartment building.
    Ms. Michelle Ba’th Bates, with The FeMale Perspective, announced an awareness
    campaign called “Breaking the Chains of Silence: Racism / Internalized Racism”.
    Ms. Lorrie Delehanty, 645 Evergreen Ave., said she attended the June 21 panel on
    chloramines, and there were several broad areas of agreement on both sides. Carbon
    filtration is preferable. She asked Council if there is any segment of the local government
    willing to take on the legal responsibility of claims of damage of personal property and
    health due to the addition of chloramines to the water supply.
    Mr. Fabian Kuttner, PO Box 359, said Council must act now to rebalance the
    needs of the downtown mall. The mall needs to be cleaned more often. Peaceful stewards
    of cleanliness are needed to deter littering and to sweep. More walking patrols are
    needed.
    Mr. George Benford, 608 Rainier Rd., said he is concerned about the direction of
    the downtown mall. At certain times of the day, there are more beggars and loiterers than
    paying visitors.
    3
    Mr. Andrew Silver, 108 Harris Rd., expressed his gratitude to the City for taking
    the first steps at fixing the problem of vagrancy on the downtown mall. He said the
    solution is only a bandaid, and more permanent and effective solutions need to be
    implemented. The issue is not homelessness, but lawlessness.
    Ms. Mary Rekosh, 3347 Woodcreek Dr., said the climate has deteriorated on the
    downtown mall in the last few years. As an employee at a kid-friendly business on the
    downtown mall, she has witnessed many incidents that pose safety issues. Please work
    diligently to manage this problem.
    Ms. Alissa Reeves, 413-B Moseley Dr., thanked Council for removing benches
    and installing a police officer in front of the Paramount. She said this is not a permanent
    solution. People have stopped dining on the downtown mall because they fear for their
    safety. She said numbers on the Charlottesville Police Department’s website show an
    increase in crime over the last year.
    Mr. Brandon Collins, 536 Meade Ave., said the Transit Association Riders of
    Charlottesville is a recent group formed to advocate for a better transit solution. He said
    making a societal change to address the downtown mall situation is more important than
    removing benches. He asked a representative to speak on behalf of the homeless on the
    downtown mall. The first speaker said it is not just homeless that sit on the benches. Mr.
    Andrew Ellis said he is also downtown, and said he understands the need to work against
    profanity. He suggested coming together with Council and community leaders to come to
    an agreement about behavior on the downtown mall.
    Mr. Bob Stroh, 1412 Kenwood Ln., said the welcoming, family-friendly
    atmosphere that used to characterize the downtown mall has deteriorated. He asked for
    criminal activity to be addressed with immediate and firm response. All patrons and
    visitors should be treated with respect and compassion and be allowed to conduct
    business in a clean and safe environment.
    Ms. Joan Fenton, 3705 Country Ln., said the business community has a great
    concern, and they also support the right of people to be out on the mall and have a place
    to sit. However, daily, there is criminal activity in front of her store. Business owners
    have asked for increased police surveillance and cameras. We are at a tipping point;
    something must be done before people start getting hurt. Immediate action is required.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Mr. Huja said the issues on the downtown mall need to be addressed, but it is not
    so simple as to be able to address them overnight.
    Ms. Smith said tonight’s discussion showed great evolution. She supported the
    idea of people from all groups coming together to form a plan. We cannot tolerate illegal
    4
    activity, but we also do not want to become a police state. We need to find the right
    balance, and this is an important issue to the City.
    Ms. Szakos said we should add increased transit to our legislative agenda. We
    need to figure out how to change formulas at the state level to incentivize localities to
    increase spending on transit. She encouraged the City to discuss Rose Hill/Cynthianna
    between now and the second reading. She said she wants more benches on the downtown
    mall, and when we have too few, they do get monopolized by particular groups. She
    supported removing them temporarily from the fountain because of the activity that was
    concentrated in that area. She said police training and education may be in order if it is
    true that officers feel they cannot enforce the rules of the City. She suggested a civilian
    volunteer corps.
    Ms. Galvin said she is glad a meeting will take place between the neighborhood
    and the developer regarding the Rose Hill/Cynthianna rezoning. She also asked for a
    schedule of events for Ms. Bates’ initiative. Ms. Galvin said there have been meetings
    about how to solve the downtown mall issues, and many ideas have been brought
    forward. Mr. Jones detailed actions that have been taken over the past few years to
    address safety issues. The problems on the downtown mall originate with a small handful
    of people. We are taking steps to encourage good behavior.
    CONSENT AGENDA
    Ms. Smith asked why we would not pull the Rose Hill / Cynthianna item due to
    concern. Councilors responded that there would be ample opportunity for input between
    now and the second reading. She asked for more information about environmental
    concerns. Ms. Galvin said it is important that staff explain the rental structure of the
    proposed building to the public. Mr. Jones said we can put this on the regular agenda for
    the second reading. Ms. Szakos encouraged neighbors to come to the next meeting if they
    are concerned about this.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the following consent agenda
    items were approved: (Ayes: Mr. Huja, Ms. Szakos, Ms. Galvin, Ms. Smith; Noes: None;
    Absent: Mr. Norris)
    a. Minutes for June 18
    b. APPROPRIATION: Amendments to FY 2013 Adopted City Schools General
    Fund & Other Governmental Funds Budget - $615,174
    (2nd reading)
    c. APPROPRIATION: Housing Rehabilitation Loan Repayment - $18,884.36 (2nd
    reading)
    d. APPROPRIATION: 2012 Charlottesville Police Department Foundation
    Donation - $500
    e. APPROPRIATION: Appropriation of Jordan Park Playground Equipment
    Insurance Recovery Funds - $43,828 (carried)
    5
    f. APPROPRIATION: The Pavilion at North Grounds Affordable Housing
    Contribution - $278,095 (carried)
    g. APPROPRIATION: Historic Facade Settlement - $16,000 (carried)
    h. RESOLUTION: Addition of MACAA to Housing Advisory Committee
    i. ORDINANCE: Rose Hill/Cynthianna Rezoning (carried)
    j. ORDINANCE: Zoning Waiver Provisions (carried)
    REPORT: TRANSIT STUDY
    Ms. Mueller presented to Council. Project Manager Geoff Slater of Nelson
    Nygaard reviewed system assets and challenges, study goals and study focus. He
    reviewed study steps and the plan for public outreach.
    Ms. Szakos asked if there is a way to ask questions before the first public
    outreach. Mr. Stewart said email him directly at stewartl@charlottesville.org. Mr. Slater
    said there will also be a page on the City website allowing the public to give input. Ms.
    Smith also asked about the structure of public input and was concerned the timeline
    would not permit enough public input ahead of developing the plan. Mr. Slater said they
    have structured it in a way that will best serve the process. Ms. Smith suggested meeting
    with a focus group of folks who have given us a lot of input in the past.
    Ms. Galvin said she thinks a good breadth of knowledge exists on the project
    team, and some scenarios reflect different placements because of land use patterns. Ms.
    Szakos said she is encouraged that this is a process that allows for dynamic change, and
    we are able to examine how we produce public transportation in ways that are sustainable
    by a public population.
    Ms. Smith asked how much they will take into account areas where the University
    Transit Service already serves. Mr. Slater said the City and the University has a great
    existing relationship, and we may be able to reduce overlap where it does exist.
    Mr. Huja thanked the consultants for a good meeting. Radical change is needed.
    Public transportation should be like a public utility, accessible to all residents in the City.
    REPORT: STORMWATER UTILITY
    Mr. Tolbert and Ms. Mueller presented to Council. Mr. Tolbert gave a history of
    the City’s evaluation of strategies to meet a range of water resource goals and challenges.
    The stormwater utility fee should now be revisited due to limited funding available to
    maintain the aging stormwater infrastructure, increasing environmental requirements, the
    need for an updated master plan, and the need for additional staff to keep up with
    increased maintenance and inspection requirements. Alternatives include maintaining the
    current level of services and funding, establish a more comprehensive program to address
    increasing needs, and funding additional activities through a reliable, dedicated, equitable
    6
    fee that directly relates demand for services to fees paid, or increasing taxes to raise the
    revenue needed to address increasing stormwater needs.
    Ms. Mueller reviewed a proposed water resources protection program timeline for
    an FY2014 adoption. She introduced Ms. Jean Haggerty from AMEC, an engineering
    consulting firm. Ms. Haggerty discussed public outreach. She said there is a $500 million
    asset with existing stormwater infrastructure. A detailed conditions assessment is needed.
    Being proactive instead of reactive is important when considering capital projects.
    Ms. Smith asked if we know where our pipes are. Ms. Haggerty said we do. Ms.
    Smith confirmed that if we were to install a new system, we would not put in the same
    thing we currently have. She asked if we should be retrofitting our system because of
    how strenuous our current system is on our streams. Ms. Haggerty said there has been a
    paradigm shift, and people have to be incentivized to use water in a smarter way. We do
    not have the assessment right now on the condition of our entire system. Ms. Smith
    asked if there are things that could be done at the exact point of problems. Ms. Haggerty
    said there are not, but there are some creative engineering firms that can help solve those
    problems. We can manage some problems by addressing them upstream. Ms. Smith
    asked how the quality of water we are putting into streams is monitored. Ms. Haggerty
    said we use the Chesapeake model, which establishes targets for releasing water into
    streams. This monitoring piece will be a big part of a new set of regulations coming
    soon. Ms. Smith asked if we can charge user fees to properties that are nontaxable
    according to the Code of Virginia. Ms. Haggerty said we can. Mr. Brown said state
    legislation outlines the type of users that are eligible for full or partial waivers for certain
    fees. Ms. Smith asked how our proposed fees compare to other areas. Charlottesville is
    in the mid-to-low range.
    Ms. Szakos asked why the current CIP projects a reduction. Ms. Mueller said that
    was when we thought this option could come in. Ms. Szakos confirmed that this is not a
    crisis, just planning. Ms. Szakos said all other utility authorities we have are with other
    localities. She asked if a collaborative effort had been considered. Ms. Haggerty said it
    is a good idea to examine this regionally, and it would be a great long-term plan, but
    jurisdictionally, it is very difficult to do. You could share certain resources.
    Ms. Galvin asked Ms. Haggerty if they could work with us on not just simply
    rehabbing our system but thinking about this in a different way, such as creating green
    spaces out of stormwater facilities. Ms. Haggerty said you can work with redevelopment
    areas to do this, although being built out presents certain challenges.
    Ms. Smith said we have several pieces of property where the system surrounding
    them could be retrofitted to use natural features and become amenities. Ms. Galvin said
    we need to know where our density could go, and that information is what our TMDL
    plan is missing. Ms. Haggerty said we have a good start on good information and just
    need to push a little further.
    7
    Ms. Smith said currently we spend $900,000, and funding is coming from the
    general fund. Ms. Riddervold said some environmental programs are funded outside of
    this. Ms. Smith asked if the $265,000 from the gas fund is part of the $900,000. Ms.
    Riddervold said it is. This could supplement general funds, but then the stormwater
    dollar amount would no longer be in the CIP budget, which is what is currently projected
    to be eliminated from FY14 if this process were implemented. Ms. Smith said she
    appreciates that this program sounds to be very equitable.
    Mr. Huja said he is concerned with people who are lower on the scale and cannot
    afford the fees. Staff is examining hardship programs, and typically a fund is set aside for
    people who are not able to pay.
    Ms. Szakos said we have to find a balance. If we do want density, we do not want
    to disincentive that, so we need to keep a balance to provide for developments. However
    many of them will have to do this to comply with federal regulations either way.
    Mr. Tolbert said staff is seeking a consensus to move forward, and then we will
    come back with the schedule Ms. Mueller suggested. Council said they are satisfied with
    the plan. Ms. Smith said she wants to explore this coupled with other fees and charges we
    are putting on our residents.
    REPORT / RESOLUTION: DEVELOPMENT OF 204 8TH STREET, N.W. AND
    ALLOCATION OF $20,000 FOR PROMISE GRANT OFFICE CONSTRUCTION
    Mr. Tolbert presented to Council. The Promise Grant program needs a place in
    the community to meet for community gatherings and other events. The $20,000 is for
    architectural services, which the City would have allocated from the Charlottesville
    Housing Fund for the purpose of engaging the services of an architect to design a house
    at 204 8th Street, N.W. suitable for use as office space, but which ultimately will be
    converted to a single family home and sold as affordable housing, Staff also requested
    that Council support using funds from the Economic Development Strategic Investment
    Fund for construction of the house at 204 8th Street, N.W.
    Ms. Smith asked how long the grant is. Ms. Szakos said four years. She asked
    how long it will take for this building to be constructed. Mr. Tolbert said about a year.
    Ms. Smith said she does not see how having events is part of the City of Promise
    program. Ms. Szakos said one of the key ongoing components of the program is
    community engagement. This could serve as an extension of sorts for the Westhaven
    Community Center. Mr. Huja said we did something similar for the LEAP program a few
    years ago. Ms. Smith said she objected that this is being built for Westhaven, which is
    being redeveloped, and that this is not part of a bigger comprehensive plan. Ms. Galvin
    said a rebuilding project on this block is in keeping with the scale of the neighborhood
    and seems like a good use of housing funds.
    8
    Mr. Huja said he would support the resolution if there is a time limit on the lease.
    Ms. Galvin said this would be more appropriate for the resolution pertaining to
    construction. Mr. Brown suggested adding language saying “for a four year period,
    renewable at the discretion of City Council”. Mr. Huja agreed. Ms. Smith asked where
    the money to build the house would come from. Mr. Tolbert said it would come from the
    Strategic Investment Fund, which is where the money would return once the house is
    sold. On motion by Ms. Galvin, seconded by Ms. Szakos, the resolution passed as
    modified. (Ayes: Ms. Galvin, Ms. Szakos, Mr. Huja; Noes: Ms. Smith; Absent: Mr.
    Norris.)
    REPORT: CHARLOTTESVILLE ALBEMARLE CONVENTION & VISITORS
    BUREAU (CACVB) UPDATE
    Mr. Burkhart presented to Council. He outlined the benefits of tourism and
    explained the CACVB organization. He described accomplishments from the past year.
    The primary goal is to extend visitors’ stay by one more day. Their website,
    www.visitcharlottesville.org, has been a key component to improved marketing,
    engaging potential visitors and program development. He shared photos from the
    community photo contest.
    Ms. Smith asked if they have other partnerships. Mr. Burkhart said they have
    reached out to specific groups and identified key activities in their twelve month plan.
    Ms. Szakos asked how much is in the surplus. Mr. Burkhart said there is $500,000
    in FY11 already earmarked for spending, including some exciting initiatives for our area.
    Ms. Szakos said there has been talk about spending some of this money on initiatives
    such as helping with the downtown mall safety situation. She said she is taken aback that
    the whole amount is being spent for marketing. She suggested funds be used to nurturing
    visitors while they are here. Mr. Burkhart said we can collaborate as a partner, and there
    are excellent opportunities for public/private partnerships. He has had experience with
    visitor assist programs, which can be very effective with proper management, oversight
    and training.
    Ms. Galvin asked if the CACVB has been in communication with the Piedmont
    Council of the Arts and their cultural planning process. Mr. Burkhart said the CACVB
    participated in the announcement panel, which was well-attended. Ms. Galvin said
    programming open public space on the mall can contribute to the vibrancy and counteract
    the feeling that the center has become an abandoned space.
    OTHER BUSINESS
    Mr. Jones updated Council on the aftermath of the June 29 storm, including
    services that were offered after the storm, shelter openings, cooling centers, and
    collaboration with the county.
    9
    Mr. Huja commended staff for being quick and responsive to the needs of
    citizens, especially with the shelters and cooling centers. Ms. Galvin seconded his thanks.
    Ms. Smith asked how we might envision a future with underground utilities. Ms. Szakos
    said she has been asking those questions for a long time, and we should keep trying to
    figure out how to do it. She said she has appreciated the upgrades to existing
    infrastructure.
    MATTERS BY THE PUBLIC
    Mr. Anthony Ward said trees should be nowhere near power lines. He said
    panhandling is not a crime, but the aggressive behavior is. Some localities use local
    ordinances to violate constitutional rights.
    Ms. Nancy Carpenter, 727 Denali Way, said she is very interested in the transit
    study. One big transit issue is getting from U-Hall / JPJ to the Medical Center. Bringing
    everyone to the table about the downtown mall issue is a good idea.
    Mr. Scott Bandy cited a recent Cville Tomorrow article about the Rivanna pump
    station and said he was disappointed that compromise could not be reached on this
    matter.
    COUNCIL RESPONSE
    Mr. Jones wanted to correct an earlier claim made by a speaker and said that
    under no circumstance has the City Attorney’s office directed the City Police Department
    to be soft on crime on the downtown mall.
    The meeting was adjourned.
    Clerk of Council
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Monday, July 16, 2012, 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 16, 2012
    Council met in special session on this date with the following members present:
    Mr. Norris, Mr. Huja, Ms. Szakos, Ms. Smith.
    On motion by Ms. Szakos, seconded by Ms. Smith, Council voted, (Ayes: Mr.
    Huja, Ms. Szakos, Mr. Norris, Ms. Smith; Noes: None; Absent: Ms. Galvin), to meet in
    closed session for (1) Discussion of the acquisition of two parcels of improved real
    property located on East Market Street and 11th Street, N.W., respectively, for a public
    purpose, 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); 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. Smith, Council certified by the
    following vote (Ayes: Mr. Huja, Ms. Szakos, Mr. Norris, Ms. Smith; Noes: None;
    Absent: Ms. Galvin), 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 16, 2012
    Council met in regular session on this date with the following members present:
    Ms. Galvin, Mr. Huja, Ms. Smith, Mr. Norris and Ms. Szakos.
    ANNOUNCEMENTS
    Mr. Norris announced that the City has openings on the Citizen’s Advisory Panel.
    Please go to the website for an application or call the Clerk.
    2
    Ms. Smith announced a photo exhibit by Ed Roseberry this month at CitySpace.
    Dialogue on Race is hosting Movie in the City summer film series every Thursday at
    6:30 p.m. until August 9. A neighborhood event called Bike/Walk/Play JPA will be held
    on August 18 at 9:00 a.m. – 12:00 p.m. from the JPA Bridge to Harris Rd. Everyone is
    invited to attend.
    Ms. Szakos announced the Four Boards meeting in Lane Auditorium on July 25 at
    7:00 p.m. regarding chloramines. Also, Ms. Obama will be here this Friday.
    Mr. Huja announced that His Holiness the 14th Dalai Lama will be in
    Charlottesville on October 11. Go to www.charlottesville.org/dalailama for more
    information.
    Mr. Norris announced there is no Council meeting the first Monday of August.
    MATTERS BY THE PUBLIC
    Mr. Euda Lions asked if it was true that the cost of implementing the charcoal
    system to filter chloramines would cost the citizens less than one dollar a month.
    Dr. Lorrie Delehanty, Evergreen Ave., said she is pleased the Four Boards
    meeting is approaching. She invited Councilors to a teach-in on chloramines on July 19.
    She said they are working with an independent consultant on cost for a carbon-activated
    system, and their estimates are a third of the cost compared to Hazen-Sawyer.
    Ms. Mai, Albemarle County citizen, said there is still so much to know about
    chloramines. Once the water leaves the treatment plant, there are so many ways we use
    water that can create known and unknown byproducts.
    Mr. Quinton Smith said the community from Prospect Ave. to Hardy Dr. to
    Friendship Court to First St. needs attention. We are not doing enough to help the youth.
    Kids are learning too much of the wrong thing at an early age. Charlottesville does not
    have anything for kids to do.
    Ms. Julia Whiting, City resident, said the argument that chloramine has been used
    for a long time is not a good argument to support its safety. She cited several instances of
    chloramines causing health problems and death.
    Ms. Saffron Hall, Charlottesville resident and UVA graduate student, said
    chloramines interact with everyday personal products, such as shampoo. She read a list
    of local business owners who object to adding chloramines to the water supply.
    Mr. Brandon Collins, 536 Meade Ave., said adding chloramines to our water
    supply will undermine the advantages of building a dam and the work of our Tree
    Commission. Business is booming on the downtown mall. Much of the problematic
    3
    behavior can be attributed to bar clientele, not necessarily vagrants and the homeless.
    Please support a living wage for Charlottesville. Thirteen dollars is too low.
    Ms. Susan Elliott, organizer for the Bike/Walk/Play JPA Event, said the real seed
    for this idea came from the Neighborhood Leadership Institute. Please come on
    Saturday, August 18. She thanked the City for their assistance with the event.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Ms. Smith asked RSWA for a breakdown of the Hazen & Sawyer granularactivated
    carbon estimate. She encouraged everyone to attend the JPA event.
    Ms. Szakos said she will be in Nashville during the chloramine teach-in and is
    sorry to miss it. She thanked Mr. Quinton for coming to speak the truth. Often,
    accessibility to events is a problem for youth who may like to participate. She thanked
    Mr. Collins for reminding Council about their previous positions on living wage. We
    have been frustrated by not having an index from the EPI. She is delighted to hear the
    JPA event idea came out of the Neighborhood Leadership Institute.
    Mr. Norris said he would also like cost estimates on granular-activated carbon.
    He seconded Ms. Szakos’ comments about accessibility to events for youth. He said he
    appreciated Mr. Collins’ comments about bar clientele, but the difference is there are not
    families and children present at 2:00 a.m. in a bar scene, compared to walking down the
    mall during the day. We are concerned about bad behavior, regardless of the
    perpetrator’s position in life.
    Ms. Galvin said she has just returned from a meeting with the EPA in
    Washington, D.C., along with several people including engineering staff and public
    health and safety officials, from D.C., Philadelphia, and Fredericksburg. She said the
    EPA is not dismissing chloramines as a safe solution. They are also releasing studies
    about the effect of chloramines versus chlorine on health situations. Ms. Szakos asked
    how important it is that we take action. Ms. Galvin said it is inevitable that we must take
    action. She will give a more detailed report at a later date. She asked staff for an update
    on the status of the $50,000 grant Council issued for a youth program. She asked Saffron
    Hall for a copy of the list of businesses who are against chloramines.
    Mr. Huja said regarding chloramines, none of us would make a decision that
    would jeopardize the health and safety of our citizens.
    On motion by Mr. Norris, seconded by Ms. Smith, the following appointments
    were made to Boards and Commissions: to the JABA Advisory Council, Amy Leider; to
    the Parks & Recreation Advisory Committee, Jordan Phemister; to the Social Services
    Advisory Board, James Quinn; to the Towing Advisory Board, Lt. Ronnie Roberts,
    Officer Charles Gardner Robert Burgess, Ray Drumheller, Bob Stroh, and Kevin Palm.
    4
    Mr. Jones said the cost of the carbon system would be $18.5 million, and the cost
    for adding chloramines is a little over $5 million, based on current estimates. Also, the
    Boys & Girls Club was awarded the Council grant. They will be invited to present at an
    upcoming Council meeting.
    CONSENT AGENDA
    Ms. Smith confirmed that item f was the original match.
    On motion by Ms. Szakos , seconded by Ms. Smith, the following consent
    agenda items were approved: (Ayes: Mr. Huja, Ms. Szakos, Ms. Galvin, Ms. Smith, Mr.
    Norris; Noes: None.)
    a. Minutes for July 2
    b. APPROPRIATION: Appropriation of Jordan Park Playground Equipment
    Insurance Recovery Funds - $43,828 (2nd reading)
    c. APPROPRIATION: The Pavilion at North Grounds Affordable Housing
    Contribution - $278,095 (2nd reading)
    d. APPROPRIATION: Historic Facade Settlement - $16,000 (2nd reading)
    e. APPROPRIATION: Community Attention Youth Internship Program - $10,000
    (carried)
    f. APPROPRIATION: Virginia Department of Criminal Justice Services
    Neighborhood of Promise Grant- $97,500 (carried)
    g. APPROPRIATION: Workforce Development Programs & Carryover Funding
    for FY 2013 – Re-Appropriate $20,032.74 and Transfer
    $3,072.50 (carried)
    h. RESOLUTION: FY 12-13 Charlottesville Housing Fund Albemarle Housing
    Improvement Program (AHIP)
    i. RESOLUTION: Transfer Funds from the Capital Improvement Program
    Project Contingencies to Onesty Pool - $100,000
    j. ORDINANCE: Zoning Waiver Provisions (2nd reading)
    PUBLIC HEARING/REPORT: MCINTIRE PARK PLAN – EAST SIDE
    Mr. Daly presented to Council on the planning process for McIntire Park. Mr.
    Gensic reviewed quick facts, including a history; acquisitions; current park boundaries;
    current features; approved projects; park analysis including topography, utilities and
    cultural resources; and previous plans for the park, which did not go through the currently
    approved planning process. Mr. Daly reviewed the Parks and Recreation Department
    master planning process, common plan elements, concept plans, and comments from the
    Planning Commission. Go to www.charlottesville.org/mcintirepark for more information.
    Council will take action on adopting a final master plan on a date to be determined.
    5
    Mr. Norris asked Mr. Daly how the road project will impact the wading pool. Mr.
    Daly said the existing wading pool has been operational since the 1930s/40s, but the
    construction for the interchange project brings the westbound merge lane into the
    westbound travel lane, which brings the edge of the road within about eight feet of the
    bathhouse. It is recommended for closure Labor Day of next year. Reuse of the structure
    will be incorporated into the skate park. Mr. Norris asked what would replace the golf
    experience. Mr. Daly said there are possibilities for revised golf games, and staff is
    looking at phasing in options at other parks, such as Pen Park.
    Ms. Smith asked when the pedestrian bridge on the south end will be installed.
    Mr. Gensic said it is federally and state funded, so sometime in the spring of 2013. Ms.
    Szakos asked what the direct impact of construction is. There is no direct impact because
    of the sequencing of the project. Mr. Norris said a citizen emailed about pedestrian
    access on the east side of the park. He asked staff to check on this issue.
    The public hearing was opened.
    Mr. William Page, Welford St., said we have to consider the existing activities
    and the YMCA’s required parking when planning the design for the east side.
    Mr. Lonnie Murray, county resident, said he has a history of working with
    Charlottesville environmental issues. What makes a garden botanical is the botany. We
    have to understand the environment. The gardens need to be backed by horticultural
    science.
    Mr. Bill Mueller, Director of SOCA, said they are delighted to see a soccer field
    included in the current proposed plan. There is a documented shortage in our area. The
    park should serve multiple users.
    Ms. Ellie Tucker said she has only been to the park twice, both times to clean up
    fireworks. She went to the park for a family event a few weeks ago, and seeing the
    park’s potential for a botanical garden encourages her vision of what the park could bring
    to our community. She said golf in the park should end when construction of the
    interchange begins.
    Mr. Frank Gray, City resident, seasonal custodian at McIntire Park golf course,
    said he thinks this is an important resource. It is supposed to provide golf that is
    affordable for the entire public. The youth benefit through the First Tee program and in
    other ways as well.
    Mr. Peter Kleeman, 407 Hedge St., said the McIntire golf course is a nationally
    registered historic site. There are terrain issues regarding passive areas listed on the map,
    which makes these areas unusable. He asked about plans for access to the park by public
    transportation. There should be creative thinking about how to program the area rather
    than reprogramming the entire park.
    6
    Ms. Virginia Dougherty, 104 W. High St., congratulated the Parks department for
    their excellent plan. She would like to see the date of the change over to the passive use
    and the botanical garden scheduled before 2020. The Parks department should talk about
    using Meadowcreek Golf Course in a different way. That can be part of our City golf
    course and could accommodate low income use by implementing special rates during
    certain hours.
    Mr. Brandon Collins, 536 Meade Ave., said Mr. Kleeman raises some important
    things to think about. Jobs and access are important. He said he hopes there are jobs
    made available for Section 3 employment for public housing residents and the Home to
    Work program for ex-offenders. Adequate access to the park with improved public
    transportation can help desegregate our parks system.
    Mr. Kennon Williams, resident, said this is a great opportunity for the vitality of
    downtown. This is an important piece to keeping Charlottesville vital, especially with the
    developments that are going up around the area.
    Ms. Kathy Welch, Albemarle county resident, said she likes the design of the park
    itself, but she is concerned about access. Primary access is provided for people with cars,
    not people who are walking, biking, and people with children.
    Mr. Peter McIntosh, Davis Ave., thanked Council for their service and thanked
    Mr. Daly and Mr. Gensic for their work over the past several months. The next step is
    addressing the issues of access, especially from Melbourne and the Downtown Mall. He
    asked Councilors to walk the park before making a decision. Also, visit Maymont Park
    in Richmond on a weekend to see what an urban park can do for a City. Traffic is an
    issue; a good 25 year master plan is important.
    Mr. Matt Wilson, 602 6th St. SE, said he is an advocate of athletic fields. The
    park is lacking rectangular fields. We have too few in the City on the whole. We can use
    this opportunity to start to correct this.
    Ms. Susan Hoffman, City resident, said she has been at all the planning sessions.
    Please find a place for inexpensive golf and youth golf before you force it out of the park.
    Ms. Helen Flamini, 3431 Carrs Ridge, President of McIntire Botanical Garden,
    said the group has done a lot of community awareness about the benefits McIntire Park
    east can have for the community. Seeing the potential the plan has for the community is
    very exciting.
    Mr. Dwayne Brown, Charlottesville resident, said he is the longest standing
    advocate for the skate park. The skate park committee did extensive research on all the
    available public spaces for the skate park, and this was the very best place for it. He said
    he is also concerned about parking.
    7
    Having no further speakers, the public hearing was closed.
    Ms. Szakos said gradually pulling golf out was a stroke of genius. She agreed that
    we need to find a place for First Tee to go before we pull it out of the park. She said
    water is missing from the park, and there should be a pond or a fountain. Move the golf
    transition into a shorter period. She said supports golf-free afternoons during certain days
    of the week. She loved the idea of a rectangular field but was not excited about turf or
    lights. She would like staff to discuss using professional architectural services. She is
    concerned about parking, and even more concerned about transit. This does not work
    without a transit plan. The park needs to be accessible to the entire city, and we should
    work to keep cars out as much as possible.
    Mr. Norris said this is an exciting evening, and he commended Mr. Daly and staff
    for coming up with this plan, which addresses a variety of priorities simultaneously. He
    said he supports the kind of athletic field Ms. Szakos mentioned. A lighted turf field is
    not in keeping with the spirit of the park. He would also like to see a water feature
    included in the park. The transition away from golf should be accelerated if possible, but
    we do not want to leave First Tee in limbo. Contracting with an architectural firm is
    essential. There must be sufficient parking to accommodate the multitude of uses. The
    skate park feels a little tacked on and not in keeping with the spirit of passive enjoyment
    of the park, and he encouraged staff to take advantage of other opportunities for a better
    home for the skate park in the years to come. The parking lot next to the skate park is not
    safe or viable to keep. He loved Mr. Collins’ idea of making sure Section 3 and Back to
    Work program participants will have access to the jobs that will be created. Please work
    with the Botanical Garden group on a proposed public/private partnership for the park.
    Ms. Galvin said she appreciates staff’s master plan process. It is important to
    design this all at one time, not piece by piece. We should use an architectural firm that
    understands what we are trying to accomplish with programming the park. They could
    also help us with the parking situation. It is incongruous to have a synthetic field. If we
    can integrate a rectangular field without it being forced, she would support it. We can put
    trails in, but make it so everything is flexible and nothing is undoable in the future. We
    need to get competitive bids for selecting an architectural firm, and we can get design
    professionals to help us with an RFP. Connectivity to the neighborhoods east and west of
    the park is extremely important. Getting bike connectivity, particularly from Rio to the
    multi-use trails, is important. She said we should expedite the process so the triggers are
    aligned with the construction process.
    Ms. Smith thanked staff for handling a difficult process. She said she was not as
    enamored with the plan as her fellow Councilors. She said the historic preservation of the
    golf course lost out in this process. The skate park seems out of place, and she wished
    there were a more appropriate location for it. If it is in the park, perhaps it should be in
    the northern end. She is disappointed that a field got put in the northern part of the park.
    It feels out of place, and lights are not in keeping with the overall theme. She wants to
    retain the history of the golf course, with at least a historic sign. Some of the trails are
    close to steep slopes. She asked what happened to some of the older plans and why they
    8
    never came to be. She would like to see family activity centers concentrated in one place.
    We could offer rental bikes and rental golf clubs on the southern end. She is concerned
    about access. The entrance to the park being relocated to the other side makes it feel like
    it is no longer in the City. We should have an RFP for a national architectural firm. She
    asked about funding assumptions for some of these decisions. She asked if discussions
    about accommodating First Tee were contingent on City Council deciding if we fund the
    program. She would love to see a pond. We do not have a pond anywhere in the City, and
    it is a draw for all ages.
    Mr. Huja said there are times in the life of a community when you have to make
    big decisions. This is an opportunity to have an open space that can be used by the whole
    community. This should be a passive park, and there ought to be a place where you will
    not be hit by a ball and can walk peacefully and enjoy flowers and water and trees. The
    botanical gardens fit into that ideal and would be a great addition to our community. It is
    important to have a lake or pond in the park. He does not support a rectangular field,
    which seems to be forced into the plan. He does not support a turf field with a fence and
    lights. The sooner we can find an alternative for First Tee golf, the better. We need to
    have a detailed design of the park that is done holistically.
    Ms. Galvin said we all have a desire to move things around or replace some things
    or give them a different orientation. She proposed that this is the charge of the design
    firm, to do this holistic plan. Staff should include a notation on the draft document that
    these elements are subject to change according to the design process. Mr. Huja said we
    should make changes to the concept plan, and then adopt it before going forward. Ms.
    Szakos said an RFP will take a while, and in the meantime we have a lot of open space
    that people can use. We should start putting trails in where people can access them in the
    parts where we know we are planning them. Implement golf-free days or afternoons so
    people get used to being on that side of the park. She loved the idea of rental bikes in the
    park. Mr. Huja asked staff for some preliminary ideas in light of the feedback they
    received this evening. He requested staff present the revised plan for adoption at a future
    meeting.
    REPORT/ORDINANCE: ROSE HILL/CYNTHIANNA REZONING (2nd reading)
    Mr. Michael Smith presented to Council. This is a follow-up amidst concern of
    the neighborhood regarding rental rates of affordable units, increased traffic in the area,
    and potential increase in taxes. The applicant representing Rosanna Danna, LLC is
    present to answer questions.
    Ms. Szakos asked Mr. Smith if there was a reaction to how people felt by the by
    the end of the meeting. Residents seemed to be most concerned with the potential
    increase in taxes.
    Ms. Smith said it does not feel like this fits into the neighborhood. Mr. Tolbert
    said we want to promote more density in areas with access to transportation. A six unit
    9
    development is not out of character for the area, especially since most of the City’s land
    use policies in this area are aimed to get people living near public transit. Ms. Smith said
    this seems like infill of a small lot, and this is out of place because it is denser in a
    neighborhood.
    Ms. Galvin said she wanted to bring the 2006 design day to everyone’s attention.
    The comments made by the Rose Hill community included a request to preserve the
    single family character of the area and increase accessibility to city meetings for
    neighbors. They thought of the community design center as an important vehicle to
    empower residents in design decisions and be involved in the design process. We need to
    look at all the aspects of the comprehensive plan. Mr. Smith said we are mostly focused
    on infill development with this project. Ms. Galvin said she is a supporter of density tied
    to transit, but she is concerned about public process. Mr. Tolbert said we talked to the
    neighborhood and the applicant early on in the process, and the neighborhood association
    president said they had no concerns. This is not in a design district, and we have no
    authority to apply site-specific design control.
    Ms. Smith asked if the proffer will transfer if the applicant decided not to build.
    Mr. Smith said this proffer is tied to the land and would carry over to any building on this
    parcel.
    Mr. Mark Green, Rosanna Danna LLC, said after examining the area, this was
    thought to be a good use of the property. We view this as work force two bedroom units.
    He explained design features of their proposed building that would be beneficial to the
    character of the neighborhood. There are no critical slope issues or water issues on the
    property. They plan to build two single-family rental homes on the property if the
    apartment building is not accepted.
    Ms. Szakos said sublevel parking for the apartment building was attractive, so if
    two houses were built, where would parking be? Mr. Green said they would have
    driveways. Ms. Smith asked about the third proffer and asked about preserving trees.
    Mr. Green said they would work with the City arborist to preserve any trees they can.
    Ms. Galvin said rezoning is important and serious, and it is a change of an
    agreement that the community needs to be aware of. Whenever there has been a
    rezoning, it is clear what the goals of the community are. There is often a map image and
    standard narrative of a general nature throughout the plan. She wanted to make an
    assessment of the appropriateness of the rezoning application, and she could not find
    much to support it. She said she feels that this application fails on several levels. It
    degrades the pedestrian quality of Rose Hill Drive. Absent a corridor plan that identifies a
    potential for mixed use development, this is out of scale. Conveniently located work
    force housing is a goal for Council, but without a bigger plan, there is no way of knowing
    if this building type will eventually be compatible for the future. Without an overarching
    vision, she cannot support this. She elaborated on aspects of the design plan she objected
    to in regards to the rezoning.
    10
    Mr. Huja said the law does not allow us to deal with these issues in rezoning
    alone.
    Ms. Szakos asked if this was a property that could not have asked for a PUD
    instead. Mr. Smith said no, because it was not two lots or more. Ms. Szakos said she
    feels Ms. Galvin is looking at this as a Planning Commissioner. We have a Planning
    Commission for examining these particular issues. She said our residents are being
    treated fairly and dealt with well, and she has not heard additional concerns from the
    community. This project fulfills many aspects of our comprehensive plan, such as being
    near transit, and being near jobs and the downtown area.
    Mr. Norris said he agreed with Ms. Szakos, and he believes the circumstances
    should be extreme to merit overturning a Planning Commission decision.
    Ms. Smith said the term infill development scares her, because you can place an
    incongruous development in a neighborhood and call it infill. The assumption should be
    that you do not rezone unless there is a compelling reason.
    Mr. Huja said this should be a single family neighborhood, according to our
    comprehensive plan.
    Ms. Galvin said rezoning is a serious matter, and we should strive as a City to
    create documents this community clearly has asked for.
    The ordinance was put to a vote. Ayes: Ms. Szakos, Mr. Norris; Noes: Ms.
    Galvin, Mr. Huja, and Ms. Smith. The ordinance failed.
    Mr. Brown recommended entertaining a motion to deny the rezoning and
    articulate the reasons for denial.
    On motion by Ms. Galvin, seconded by Mr. Huja, Council voted to deny the
    request to rezone the property from R-1s to R-3 for failure to comply with aspects of the
    comprehensive plan that deal with pedestrian safety, lack of compatibility, and existing
    land use plan. (Ayes: Ms. Galvin, Mr. Huja, Ms. Smith; Noes: Mr. Norris, Ms. Szakos).
    REPORT: LIVING WAGE
    Mr. Galloway Beck presented to Council and provided results of additional
    research related to the living wage. He gave Council background on living wage history
    and statistics. In researching other communities, there does not appear to be a universal
    method for setting an initial living wage. Mr. Beck presented options, which were to
    retain the current methodology, consider increased funding for training and development
    and a bonus-based pay-for-performance component, or retain current methodology but
    increase employees below $13/hour effective January 1, 2013, limited to employees with
    11
    one year of service, and provide a 2% adjustment for employees with one year of service
    with pay between $13-$14/hour.
    Council discussed effective start dates and their ramifications, compression
    issues, and baseline affordability. Ms. Szakos said bringing up our living wage may
    encourage other localities to do the same. For hiring managers, an increase in base salary
    gives us a good competitive edge over other employers. She said she supports a start date
    of July 1 instead of January 1.
    Mr. Norris said the single most frustrating aspect of this is determining what a
    living wage is, and he hoped we could arrive at a formula for arriving at a base wage, and
    other businesses could use it as a model. The $13/hour figure is not based on real
    numbers for what it costs to live in Charlottesville.
    Mr. Huja said he agreed with Ms. Szakos that we need to pay a living wage to our
    employees. He said $13 seems high; the median of surveyed cities was $12.30, which
    would be a good starting point. Ms. Smith said the figure is going to be arbitrary no
    matter what. We should go towards $13 so we are modeling what we have supported. She
    said she is torn about the compression issue. Ms. Szakos said if we are going to go
    through the effort to do this, it would not be worth it for $12.30; UVA did a fair amount
    of research with the EPI and arrived at $13.
    Ms. Galvin said the conversation seems very subjective and arbitrary. When you
    look at the Orange Dot project and see what the rates are for a person to live with a few
    children, they translate into salaries of $35,000 – $40,000 a year. The reality is that
    having a true living wage requires a degree or expertise to put you into that bracket.
    Perhaps a better strategy is to examine housing costs and transportation. She said she
    finds it difficult to accept bumping up the lower wage rate without substantiation.
    Adjusting the wage structure causes issues of longevity and sustainability.
    Ms. Szakos said if we look at ourselves as only services providers, we could take
    the $50,000 and do other things with it. However, we are talking not as a service
    provider, but as an employer. We need to pay people what they are worth.
    Ms. Szakos moved that Council support the $13 adjustment with compression, but
    move the start date to July 1. Ms. Smith seconded the motion.
    Mr. Norris said he supported going ahead and doing it for all employees, not just
    those who have served for one year. Ms. Szakos accepted that as an amendment to her
    motion. Ms. Galvin asked if we are being unfair to other employees who are not getting a
    raise by singling out those who are paid under $13. It will start decreasing the value of
    other people’s wages. We should be accurate and not arbitrary.
    Ms. Szakos moved that Council support a full time minimum wage without the
    compression, effective July 1. Ms. Smith seconded the motion.
    12
    Mr. Norris reiterated that he wants to see staff work on devising a formula. Ms.
    Galvin said a living wage has also led to a notion of this being a tax on the poor, making
    them less desirable for hire when the base line salary is high. Adjustments can have
    unintended consequences. The motion passed (Ayes: Ms. Smith, Mr. Norris, Mr. Huja,
    Ms. Szakos; Noes: Ms. Galvin).
    REPORT/RESOLUTION: ALBEMARLE PLACE (STONEFIELD) EROSION &
    SEDIMENT APPEAL
    Mr. Tolbert provided Council with background information on the project and the
    appeal. Staff does not think the requirement of the E&S permit has been fulfilled because
    the property down to the edge of the water has not been filled with riprap, and therefore
    should not remove the plug.
    Mr. Paul Kaplan, Albemarle Place, said there is a fundamental disagreement as to
    the interpretation of these plans. Mr. Fred Payne, attorney for Seminole, said this case is
    not the same because the Planning Commission does not simply provide a
    recommendation; it is charged with finding the facts. There is nothing here that would
    justify overturning the Planning Commission’s findings. Seminole will not allow work
    on their property because they recognize if they go forward, they will be flooded. He
    recommended dismissing this appeal and going forward with staff’s recommendation.
    Mr. Norris asked Mr. Payne what Seminole wants to be done. Mr. Payne said
    address stormwater without flooding our property. The 72” pipe is the problem, and if
    this goes away, they will be happy.
    Mr. John Conover, 104 W. High St., from Thomas Jefferson Soil & Water
    Conservation District, said the intentions of the plans are to control and regulate
    stormwater through the EFC process.
    Mr. Kaplan said Mr. Payne is seeking to undo the approvals Albemarle Place has
    received from the Army Corps, the state, and the City. This was fully vetted by the
    appropriate parties, including DCR. With or without riprap, we are entitled to put that
    water through.
    Ms. Szakos asked if more water will now flow downstream because the shopping
    center makes that area a now impervious surface. Mr. Tolbert said yes.
    On motion by Ms. Szakos, seconded by Mr. Norris, Council voted to uphold the
    findings of staff (Ayes: Ms. Szakos, Mr. Norris, Mr. Huja, Ms. Smith, Ms. Galvin; Noes:
    None).
    Ms. Smith said something went wrong, and Seminole Square seems to be the one
    who is paying the price. They have to now accept a lot more water, and she said she
    cannot fathom how you can take on that much more water and not harm Meadowcreek.
    13
    REPORT: CAPITAL IMPROVEMENT PROGRAM APPLICATION AND REVIEW
    PROCESS REVISIONS
    Mr. Davidson presented to Council and explained changes to the CIP process.
    Ms. Szakos asked if this applies to both small and large capital projects. Mr.
    Davidson said typically smaller capital projects come in as a package deal and are often
    handled on the department level.
    On motion by Mr. Norris, seconded by Ms. Szakos, the resolution passed. (Ayes:
    Ms. Szakos, Mr. Norris, Mr. Huja, Ms. Smith, Ms. Galvin; Noes: None).
    MATTERS BY THE PUBLIC
    Mr. Peter Kleeman, 407 Hedge St., said regarding East Side of McIntire Park, if
    you are going to have a landscape architect look at all benefits and uses, they should also
    examine a scenario where no vehicles are going through the park. Council could close
    the road to vehicular traffic during regularly scheduled times.
    COUNCIL RESPONSE
    Ms. Szakos proposed closing the parkway on first Sundays of the month.
    Mr. Huja said this is a ridiculous idea.
    Ms. Smith said lots of cities do this.
    The meeting was adjourned.
    Clerk
  • 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 20, 2012, 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 20, 2012
    Council met in special session on this date with the following members present:
    Mr. Norris, Mr. Huja, Ms. Szakos, Ms. Smith, Ms. Galvin.
    On motion by Mr. Norris, seconded by Ms. Galvin, Council voted, (Ayes: Mr.
    Huja, Ms. Szakos, Mr. Norris, Ms. Galvin; Noes: None; Absent: Ms. Smith), to meet in
    closed session for (1) Discussion and consideration of the acquisition of real property
    right-of-way and associated easements on Jefferson Park Avenue for the Old Lynchburg
    Road improvement project, and real property on 11th Street, N.W. for public parks and
    recreation use, and discussion of the disposition of City-owned real property in the 800
    block of Preston Avenue, where discussion in an open meeting would adversely affect the
    City’s bargaining position or negotiating strategy, as authorized by Va. Code sec. 2.2-
    3711 (A) (3); and, (2) Discussion and consideration of prospective candidates for
    appointment to City boards and commissions, as authorized by Va. Code sec. 2.2-3711
    (A) (1).
    On motion by Ms. Szakos, seconded by Ms. Smith, Council certified by the
    following vote (Ayes: Mr. Huja, Ms. Szakos, Mr. Norris, Ms. Galvin, Ms. Smith; 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 – August 20, 2012
    Council met in regular session on this date with the following members present:
    Ms. Galvin, Mr. Huja, Ms. Smith, Mr. Norris and Ms. Szakos.
    2
    ANNOUNCEMENTS
    Mr. Huja announced that Mr. Thomas Taylor, principal at Charlottesville High
    School, received the Outstanding Principal Award from the Curry School of Education.
    Mr. Taylor thanked Council for the recognition and said the students and teachers deserve
    the credit.
    Ms. Szakos read a proclamation in honor of Women’s Equality Day, which is on
    August 26, 2012. Ms. Tannis Fuller was present to accept. Ms. Kobby Hoffman was also
    present.
    Ms. Szakos announced the first day of school is this Wednesday, and she urged
    citizens to use caution during the morning and afternoon commutes. She also announced
    the beginning of Charlottesville Albemarle University of Virginia CERT Training,
    starting September 13. Call 971-1263 or go to www.charlottesvillecert.org for more
    information.
    Ms. Smith said the 2nd Annual Charlottesville Promise Gala is September 22 at
    the Paramount. Go to www.cvillescholarship.com for more information.
    Mr. Norris said the Charlottesville Police Department honorary dinner will be
    September 22 at the Omni.
    On motion by Mr. Norris, seconded by Ms. Smith, the following appointments
    were made to Boards and Commissions: Ms. Kimberly Garrison to the HAC and Tamyra
    Turner to the JMRL Board. (Ayes: Mr. Huja, Ms. Szakos, Mr. Norris, Ms. Galvin, Ms.
    Smith; Noes: None.)
    MATTERS BY THE PUBLIC
    Ms. Naomi Roberts, 1140 St. Clair Ave, said goats in the city are a problem
    because of noise and their appearance. She distributed pictures to Council.
    Mr. Paul Long, 1410 Grady Ave., said the Transit Riders Association support
    route changes that will increase coverage. He suggested Council and the Transit Director
    come to their next meeting to hear comments about their recommendations for the transit
    system.
    Ms. Nancy Carpenter, 727 Denali Way, said issues surrounding the downtown
    mall are about homelessness, not about bad behaviors. She said measures being
    discussed, particularly interdiction, are overly punitive. Peaceful coexistence is needed on
    the mall.
    3
    Mr. Hardy Whitten, 2521 Woodland Dr., requested item k on the consent agenda
    regarding CAT route adjustments be postponed in order to allow for the Acting Transit
    Director to have further discussions with neighborhood associations.
    Ms. Valerie Long, 321 E. Main St., Ste. 400, said she is speaking on behalf of the
    Sigma Chi fraternity house. She assumed there had been a meeting with neighbors and
    representatives of fraternity houses, and that has not occurred. She asked Council to
    postpone implementation of the ordinance to allow for the opportunity for a roundtable
    discussion on this matter.
    Ms. Ladi Carr, 39 University Cir., said this past year was one of the worse in the
    neighborhood for noise, vandalism, public drunkenness and trash. The neighborhoods
    approached University representatives and members of the Fraternity Council. They
    were told rental homes are not under the University’s purview, and they have been since
    working with Mr. Tolbert and Dave Chapman. She distributed graphs to Council
    showing how many calls were received over the past year. She encouraged Council to
    pass the ordinance change.
    Ms. Mary Carey, 500 S. 1
    st St., PHAR intern and president of Crescent Halls, said
    they were supposed to have a CRHA meeting on July 24 in Chambers to discuss
    problems with housing, which was never called to order. Vice Mayor Szakos was present
    and pitched the City of Promise project. She said it was very confusing, and she thinks
    Ms. Szakos pushed through her project unfairly.
    Ms. Lorrie Delehanty, 645 Evergreen Ave., thanked Council for voting not to add
    chloramines to the water supply. The Four Boards decision reaffirmed people’s belief in
    the democratic process.
    Mr. Martin Killian, 34 University Circle, resident for 30 years, said he likes living
    among students. However, in the last 24 months, increased noise, vandalism, and
    partying have detracted from his family’s quality of life. He asked students to obey the
    rules as citizens, and act as good neighbors. The neighborhood is under stress, and
    Council must take action.
    Mr. Dan Friedman, 1835 University Circle, resident for 33 years, said something
    must be done about noise ordinance infractions. If the University administration were
    working with the neighbors, they would not have to be here tonight. They have been told
    that if they have problems with UVA students, they should call the police. The parties
    have become dangerous, and the neighbors need the City’s help.
    Ms. Jeanne Chase, 223 Old Lynchburg Rd., gave a recount of the Old Lynchburg
    Road project. She asked Council to shorten the window of time they allow for neighbors
    to respond to requests.
    Ms. Lisa Green, 216 Chestnut St., thanked Council for their support and
    attendance at Saturday’s Bike Walk Play JPA event. She said a new group has formed,
    4
    Charlottesville Pride, which will create a visible and unified LGBT community, one of
    the only communities not protected under law. There will be a Charlottesville Pride
    event on Saturday, September 15 in Lee Park from 2:00 – 6:00 p.m. She asked Council
    to consider in-kind support.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Mr. Norris said nothing will be finalized tonight on the noise ordinance. There is
    time for more public engagement before a vote will be taken. He thanked Ms. Chase for
    her continued vigilance and work in moving the Old Lynchburg Road project forward.
    He said he supports Ms. Green’s event and would like to provide in-kind support from
    the City. He said Ms. Carey made some unfortunate allegations against Ms. Szakos that
    he believes were the result of a misunderstanding.
    Ms. Smith said the transit issue and the noise ordinance needed more
    communication. She thanked citizens who dedicate their time.
    Ms. Szakos said she lives in Ms. Roberts’ neighborhood and has not heard about
    the goats. She said being a good neighbor is important. She said to Mr. Long that more
    participation in neighborhood meetings is part of our plan. She said she was sorry there
    was a misunderstanding about the CRHA meeting event. She said she supports the
    Charlottesville Pride group and is pleased that the mayor and other Councilors will be
    present.
    Ms. Galvin said she appreciated Ms. Delehanty’s gratitude. She would love to see
    more occasions where the boards agree.
    Ms. Huja said he appreciates hard working citizens. He also said he supports the
    Charlottesville Pride group.
    CONSENT AGENDA
    Ms. Smith requested item k and item n be removed. Ms. Galvin requested item i
    be removed. She also confirmed that $20,032.74 was available for the current fiscal year
    from item d. Mr. Jones said it was.
    On motion by Ms. Smith, seconded by Ms. Szakos, the following consent agenda
    items were approved, with the exception of the above mentioned items: (Ayes: Mr. Huja,
    Ms. Szakos, Mr. Norris, Ms. Galvin, Ms. Smith; Noes: None.)
    a. Minutes for July 2
    b. APPROPRIATION: Community Attention Youth Internship Program - $10,000
    (2nd reading)
    c. APPROPRIATION: Virginia Department of Criminal Justice Services
    5
    Neighborhood of Promise Grant- $97,500 (2nd reading)
    d. APPROPRIATION: Workforce Development Programs & Carryover Funding
    for FY 2013 – Re-Appropriate $20,032.74 and Transfer
    $3,072.50 $3,214.50
    e. APPROPRIATION: Virginia Juvenile Community Crime Control Act Grant
    (VJCCCA) - $452,704 (carried)
    f. APPROPRIATION: Charlottesville/Albemarle Adult Drug Treatment Court
    Grant Award - $182,500 (carried)
    g. APPROPRIATION: Feed Your Mind National League of Cities/Wal-Mart
    CHAMP Grant - $55,470 (carried)
    h. APPROPRIATION: Check and Connect Student Engagement Grant - $75,000
    (carried)
    i. RESOLUTION: Revisions to Architectural Design Control District
    Guidelines (1st of 1 reading)
    j. RESOLUTION: Special Use Permit at 218 West Water Street
    k. RESOLUTION: Approval of Charlottesville Area Transit (CAT) Route
    Adjustments (1st of 1 reading)
    l. RESOLUTION: Acquisition of Fry’s Spring Beach Club Property – Old
    Lynchburg Road Project
    m. ORDINANCE: Closing Laurel Street (2nd reading)
    n. ORDINANCE: Change to Penalty for Violation of Noise Ordinance (1st of 2
    readings)
    PUBLIC HEARING/ORDINANCE: SALE OF PROPERTY TO FRY’S SPRING
    BEACH CLUB – OLD LYNCHBURG ROAD PROJECT (carried)
    Mr. Tolbert presented to Council.
    The public hearing was opened. Having no speakers, the public hearing was
    closed.
    On motion by Mr. Norris, seconded by Ms. Smith, the ordinance carried.
    PUBLIC HEARING/RESOLUTION: PRIORITIES FOR CDBG PROGRAM YEAR
    13-14
    Ms. Thackston presented to Council. Following the public hearing, staff is asking
    Council to make the following decisions: set priorities for CDBG & HOME programs,
    determine if a priority neighborhood should be designated, determine if CDBG funds
    should be set aside for economic development, determine the percentage for social
    programs, administration and planning (capped by HUD at 20% of the total CDBG
    budget), and any other guidelines or directions Council may wish to give in determining
    how CDBG and HOME funds should be spent.
    6
    Ms. Szakos clarified how economic development funds are set aside for projects.
    Mr. Norris clarified how funds could be allocated for existing programs. Mr. Huja asked
    how much the 15% dollar amount was. Ms. Thackston said it was close to $70,000. Ms.
    Smith asked what CDBG funds have been used for. Ms. Thackston explained
    expenditures on infrastructure projects around the Cherry Avenue corridor.
    The public hearing was opened.
    Mr. Brandon Collins, 536 Meade Ave., said fund reductions for these projects are
    due to war funding. He cautioned Council against putting too much money towards small
    business incubators, which do not create a lot of jobs. New businesses should be hiring
    ex-offenders.
    Having no further speakers, the public hearing was closed.
    Mr. Huja said he supports following staff’s recommendations.
    Ms. Galvin said there is no decision or business plan yet on Green Dot. She
    updated citizens on the activities of the effort, which is committed to changing equity in
    the community.
    Ms. Smith said she supports Fifeville for the third year, but this money should go
    towards affordable housing. The AHIP/LEAP collaboration serves several purposes and
    should be a priority. She is concerned that often City residents do not move into new
    affordable housing units when they are built.
    Ms. Szakos asked Ms. Thackston to explain the difference between CDBG and
    HOME. Ms. Thackston clarified that infrastructure comes from CDBG so HOME funds
    are available for housing projects. Ms. Szakos said she supports AHIP/LEAP initiatives.
    Mr. Norris asked for clarification on funding for housing vouchers.
    Mr. Huja said he supports Fifeville for the third year. Economic development
    leads to jobs. He supports 15% for social programs and 20% for administration.
    Ms. Galvin said she strongly advocates for the use of money for economic
    development. Studies show that we must create a job for every affordable housing unit
    we provide. We do not have skilled labor.
    Ms. Szakos said educational equity, housing, and jobs are the top three needs that
    come up repeatedly for citizens. We need to pay special attention to economic
    development in our neighborhoods.
    Mr. Norris said little money from creation of small business programs trickles
    down to low income families. We have to invest more in jobs and economic opportunity.
    We need to make sure we are helping people who these programs are supposed to target.
    7
    On motion by Mr. Huja, seconded by Ms. Szakos, the resolution passed as
    amended below. (Ayes: Mr. Huja, Ms. Szakos, Mr. Norris, Ms. Galvin, Ms. Smith; Noes:
    None.)
    BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that
    the priorities and spending allowances for FY 2013-2014 shall be as follows:
     Council’s priorities for the CDBG and HOME program for FY 13-14 shall
    be workforce development, construction of new affordable housing and
    rehabilitation.
     For FY 13-14, the set aside for Economic Development shall be any CDBG
    funds remaining after distributions to Priority Neighborhood, Social
    Programs, and Admin and Planning
     For FY 13-14, the Priority Neighborhood shall be Fifeville and the
    allocation amount shall be $200,000.
     The CDBG Admin and Planning budget shall be set at 20% of the total
    entitlement.
     The Social Programs budget shall be set at 15% of the total entitlement.
    REPORT: RWSA QUARTERLY UPDATE
    Mr. Tom Frederick presented to Council. RWSA is moving forward with
    granular-activated carbon as a way to meet stage two EPA requirements. He updated
    Council on South Fork Reservoir Dredging, including recent RFP results. The committee
    hopes to have recommendations in October. He gave an update on the progress of the
    new Ragged Mountain Dam and Mitigation Plan. The Moore’s Creek Advanced
    Wastewater Treatment Facility was recently dedicated.
    Ms. Smith asked if RWSA is planning on using Hazen-Sawyer’s suggestions to
    optimize the system regarding GAC as referred to in the report. Mr. Frederick said point
    of chlorination is costly to move. Ms. Smith asked if there was an obligation to accept the
    one dredging proposal RWSA has received. Mr. Frederick said there is not. Ms. Smith
    asked if the bond allegation order states that only revenue will be used as collateral for
    the bonds. Mr. Frederick said revenue will be used pursuant to the bond issuance, which
    has been supported by a court order.
    Mr. Norris asked for a status report on the Ragged Mountain Natural Area and
    how many acres have been cleared to date. He asked if there are pictures of the impacts
    available. Mr. Frederick said this area is closed to the public during construction. Mr.
    Norris asked if there is an objection to taking photos of the area and sharing them with
    the public. Mr. Frederick said we have a very good relationship with our contractor, and
    8
    the City’s stipulations have been followed rigorously. The site will look like a natural
    area again once completed. Mr. Norris asked for clarification on why only one of the
    three dredging bids were acceptable, and if RWSA has the legal authority to bring all
    three bids forward. Mr. Frederick said he is not legally permitted to discuss the details,
    but bids had to follow clearly defined guidelines.
    Mr. Norris asked for an update on the engineering work on the pump station. Mr.
    Fredrick said preliminary engineering plans will be completed shortly and will move to a
    final design.
    Ms. Smith asked Mr. Brown to provide information on the collateral issue.
    REPORT: HUMAN RIGHTS TASK FORCE UPDATE
    Mr. Jesse Ellis, Chair of the task force, presented to Council on behalf of the
    Human Rights Task Force. Ms. Dorenda Johnson, Co-Chair, was also present.
    Mr. Ellis reviewed Council’s charge, task force members, accomplishments to
    date, and the way ahead. The task force will develop a recommendation by the end of
    December.
    Mr. Norris asked if localities have examined a cost-sharing effort using existing
    staff to make services more accessible to residents in the community.
    Ms. Smith asked if calls are the most effective way to receive feedback from the
    community. She asked if the task force is getting a sense for whether or not there is a
    problem. Mr. Ellis said they are still gathering information and cannot speak to that at
    this time.
    Ms. Szakos said having a task force could make things less contentious when a
    report is filed. Mr. Ellis said they have examined models with training and education
    components, not simply enforcement.
    Ms. Galvin asked where issues have been concentrated. Mr. Ellis said most
    complaints have been discrimination complaints in general.
    REPORT/ORDINANCE: APPLICATION FOR PUD REZONING – LOCHLYN HILL
    (carried)
    Mr. Mike Smith presented to Council.
    Ms. Smith asked if it is possible to buy off the affordable housing requirement
    with the current proffer. Mr. Smith said it was not.
    9
    Mr. Huja said he thinks this is a good opportunity.
    Ms. Szakos said she appreciated the piece added about affordable housing, and
    the developer has shown commitment to the community. She said she is concerned that
    because it is on the border between the City and the County, a development with one
    entrance will struggle with a mixed City/County community. She asked staff to explore a
    boundary adjustment in order to keep the development all in one locale.
    Mr. Jones said there are preliminary discussions underway.
    Ms. Galvin said this is an excellent project, and she appreciated staff’s efforts in
    response to the Locust area neighborhood plan. She said she would rather keep the better
    pedestrian accessibility the City allows rather than giving it up to the County.
    Ms. Smith said she is concerned there are houses being built in the flood plain.
    This negatively impacts our streams and rivers.
    Mr. Norris said he supports the PUD, and there has been a lot of good work on
    pedestrian activity. He said the creative loan structure is positive. We should be
    proactively engaging with the community and developers to improve access to housing
    and integrate public housing into market rate neighborhoods. We need to figure out how
    to engage with developers to de-concentrate poverty.
    Ms. Galvin said the HAC has worked on achieving measurement tools for putting
    truly mixed income housing in place.
    On motion by Ms. Szakos, seconded by Mr. Norris, the ordinance carried.
    REPORT: DOGWOOD HOUSING LOAN
    Mr. Tolbert presented to Council. Staff recommends extending the loan and not
    approving a grant from the housing fund.
    Mr. Norris asked if the money could come from a source other than the Housing
    Fund. Ms. Smith asked who pays for the utilities, because if tenants do not benefit from
    the energy-efficient renovations, it makes a difference. Ms. Szakos said she is concerned
    about changing the policy to add new potential uses for Housing Funds without finding
    additional funding to pay for them. Ms. Galvin asked if occupancy and condition data
    could be mapped. Mr. Tolbert said staff is working on this.
    Ms. Smith asked Mr. Woodard if he could answer the question about who pays
    for the utilities. Most of the utilities are in the tenant’s names. It would benefit the
    tenants.
    10
    On motion by Ms. Szakos, seconded by Ms. Galvin, the motion to go forward
    with the loan passed. (Ayes: Mr. Huja, Ms. Szakos, Mr. Norris, Ms. Galvin, Ms. Smith;
    Noes: None.)
    REPORT: CHARLOTTESVILLE ALBEMARLE CONVENTION & VISITORS
    BUREAU FY2013 MARKETING PLAN
    Mr. Kurt Burkhart gave Council background on the marketing plan and
    introduced Ms. Susan Payne. Ms. Payne presented to Council on the FY2013 Marketing
    Plan.
    Council discussed the marketing plan with Ms. Payne. Ms. Galvin said there are
    not many pictures of the City itself in the brochure. Ms. Payne said the visuals have not
    been added yet, and it is a work in process. Council also discussed race and heritage
    tourism, developing an African American tour, and compiling information about African
    American history in Charlottesville to distribute to tourists.
    Council voted unanimously to support the CACVB marketing plan.
    REPORT/RESOLUTION: ALLOCATION OF COUNCIL PRIORITY INITIATIVES
    FUNDING TO SUPPORT THE SILVERBACKS FOOTBALL TEAM HOME GAMES
    – $2,000
    Mr. Jones gave Council background on the request for funding, which will be
    used for field rentals for the year.
    Mr. Davis from the Silverbacks gave Council an account of some of the funds
    they must spend during the season to operate.
    Ms. Galvin asked for clarification on how the relationship between the
    Silverbacks and Council came to exist. She asked why the request was outside of the
    ABRT process. Ms. Szakos said she is a stickler for the ABRT process. However,
    Council has not identified young men, particularly African American men, as a priority,
    so this request would likely not have been funded. She said she would support this group
    for one more year but encouraged them to become incorporated so they would be able to
    go through the ABRT process. Ms. Szakos asked if we could sponsor a CNE
    membership for the Silverbacks to help them become established as a non-profit
    organization.
    Mr. Norris said this is a positive group for the community, and he supports
    funding it, although he does not want to fund this every year. Ms. Smith asked how
    many players are City residents. Mr. Davis said about 90%.
    11
    Ms. Galvin said she would approve this conditional on the group providing their
    budget to Council, and become a non-profit in order to go through the ABRT process
    next year.
    On motion by Ms. Szakos, seconded by Ms. Smith, the resolution passed with the
    conditions. The total amount was amended to $2,100, with the extra $100 to be used for
    CNE membership fees. (Ayes: Mr. Huja, Ms. Szakos, Mr. Norris, Ms. Galvin, Ms. Smith;
    Noes: None.)
    RESOLUTION: REVISIONS TO ARCHITECTURAL DESIGN CONTROL
    DISTRICT GUIDELINES (deferred)
    Mr. Huja deferred this item to the September 4 meeting.
    RESOLUTION: APPROVAL OF CAT ROUTE ADJUSTMENTS
    Mr. Lance Stewart, Interim Transit Manager, presented to Council. He gave
    Council background on the route adjustments, reviewed current and proposed routes, and
    minor changes for the free trolley.
    Ms. Szakos said this change is the sort of thing we have been asking for. Mr.
    Huja said he is concerned we have not had much community involvement with this
    change. Ms. Smith said she appreciates the creative changes to Route 4. This could be
    very constructive. Public involvement is important, but this may be more a matter of
    education. Mr. Stewart said they will work for a broader public forum for these route
    changes and bring this back within two months for approval.
    Ms. Szakos said this should be emphasized as an interim solution.
    ORDINANCE: CHANGE TO PENALTY FOR VIOLATION OF NOISE
    ORDINANCE (deferred)
    Mr. Tolbert presented to Council and outlined the changes in the penalties for
    noise violations.
    Mr. Norris asked who is actually receiving the citations. Mr. Tolbert clarified that
    it could be anyone on the lease, but the offense is per address, not per person. Ms. Smith
    said this seems very specific to the Rugby area. Mr. Tolbert said police have discretion
    where this is concerned. Ms. Smith said this should be spelled out. Ms. Szakos said it
    could specify that it is per group of tenants, so that when properties turn over, the count is
    reset. Mr. Norris said although there were many phone calls, the number of fines are in
    the single digits.
    Mr. Huja opened the floor to public comment.
    12
    Mr. Rick Jones, former President of the Fraternity Alumni Council and Alumni
    Advisor of a house in the Venable Neighborhood Association, said the City should try
    enforcing the law currently on the books.
    Mr. Bob Lloyd, Tunlaw Pl., said noise is a significant problem. If the current law
    were enforced more stringently, the City would also recognize peripheral benefits such as
    decreased litter and unsightly yard furniture.
    Mr. Blake Wheelock, student and fraternity member, said the biggest problem is
    communication. Students should be part of the solution. Trying to pass this before UVA
    students return to town is wrong. The existing fines are sufficient. University students
    and the police department share a mutually respectful relationship, and this could be
    adversely affected by imposing disproportionate fines. Fraternities are not the worst
    offenders.
    Ms. Joy Johnson, 823 B Hardy Dr., said she often drives through the Venable
    Neighborhood, and the standard from Wertland to 14th Street and back down around to
    Venable is very different from her neighborhood. Trash is everywhere, and she asked
    how they get away with that, because it is not acceptable in the 10th and Page
    neighborhood.
    Ms. Ladi Carr, 39 University Cir., said she wants people to be quiet after 10pm.
    Having no further speakers, public comment was closed.
    Mr. Norris suggested three steps: step up enforcement of current rules, encourage
    parties to find common ground and help students understand they are living in private
    neighborhoods, and let offenders know we are open to examining stricter penalties if
    behaviors do not change.
    Ms. Szakos said a lot of people who are affected by this are students who are
    trying to get an education, which is also important. This is not students versus residents,
    but noisemakers versus everyone else. She said there should not be several warnings. We
    can come out before spring with stricter regulations if increased enforcement is not
    working.
    Ms. Galvin said the City has to be actively working with the community to plan
    meetings to address this issue. She said it is upsetting that UVA has dropped the ball
    with this relationship.
    Ms. Smith said increased enforcement of our current ordinance and greater
    communication is important. We should be aware of unintended consequences and be
    sure to treat different groups equally.
    Council formed a consensus on Mr. Norris’s three points.
    13
    MATTERS BY THE PUBLIC
    Mr. Mitch King, speaking on behalf of Blueridge Sand, Inc., who submitted a
    dredging proposal to RWSA on April 30, requested that Council issue policy guidance to
    its representatives on the RWSA board so that proposals can be evaluated numerically.
    Ms. Joy Johnson, 823 B Hardy Dr., said a noise ordinance should serve everyone
    in the community and be addressed across the board. CDBG money needs to be used for
    neighborhoods that cannot go through the capital improvement process. She thanked
    Council for supporting the Silverbacks. She said there is a lot of African American
    history in Charlottesville, and she would like the CACVB to incorporate this into their
    marketing plan.
    Mr. Scott Bandy, 1639 Cherry Ave., thanked Council for adding the section on
    alignment with Council priorities to their Council memos.
    Mr. Brandon Collins, 536 Meade Ave., said he is a member of the Transit Riders
    Association of Charlottesville, and the news of the CAT route changes came very
    quickly. The process was confusing. Changes should be better communicated. The next
    Transit Riders meeting is Saturday, September 1 at noon in the Jefferson Room of the
    Downtown Library. Also, the CRHA meeting could have been handled differently.
    People felt slighted, and Ms. Carey deserves an apology. He reminded Council and
    citizens about opt out options for children receiving military information from school.
    COUNCIL RESPONSE
    Ms. Smith asked if Council was interested in instructing Rivanna to look at all
    three proposals. Ms. Szakos said she trusts our representatives to make that decision. Mr.
    Brown said issuing such an instruction would be unprecedented.
    The meeting was adjourned.
    Clerk of Council
  • 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 4, 2012, 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 4, 2012
    Council met in special session on this date with the following members present:
    Mr. Norris, Mr. Huja, Ms. Szakos, Ms. Smith, Ms. Galvin.
    On motion by Ms. Szakos, seconded by Mr. Norris, Council voted, (Ayes: Mr.
    Huja, Ms. Szakos, Mr. Norris, Ms. Smith, Ms. Galvin; Noes: None), to meet in closed
    session for (1) Discussion and consideration of the acquisition of real property on Old
    Lynchburg Road for a City storm water drainage project, where discussion in an open
    meeting would adversely affect the City’s bargaining position or negotiating strategy, as
    authorized by Va. Code sec. 2.2-3711 (A) (3); and, (2) Consultation with legal counsel
    regarding the negotiation of the terms and conditions of a cost sharing agreement with the
    Albemarle County Service Authority for a new sanitary sewer interceptor and pump
    station at the wastewater treatment plant site, as authorized by Va. 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 Va. Code sec. 2.2-3711 (A) (1).
    On motion by Ms. Szakos, seconded by Ms. Smith, Council certified by the
    following vote (Ayes: Mr. Huja, Ms. Szakos, Mr. Norris, Ms. Smith, Ms. Galvin; 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 4, 2012
    Council met in regular session on this date with the following members present:
    Ms. Galvin, Mr. Huja, Ms. Smith, Mr. Norris and Ms. Szakos.
    2
    ANNOUNCEMENTS
    Ms. Smith read a proclamation for National Preparedness Month. Ms. Kirby
    Felts was present to accept. Go to ready.gov for more information (listo.gov for
    Spanish).
    Ms. Szakos read a proclamation for World Alzheimer’s Awareness Month. Mr.
    Tom Hanson was present to accept the proclamation. He invited Council and citizens to
    the Annual Alzheimer’s Walk at Lee Park, Saturday September 22 at 8:00 a.m.
    Ms. Galvin announced upcoming events for the Dialogue on Race during the
    month of September. She also announced the Paramount Arts Education Season begins
    Friday, September 28.
    Mr. Norris announced a public planning meeting to examine ideas for parkland
    along Meadowcreek on Thursday, September 6 at 6:00 p.m.
    Mr. Huja announced the 2012 Charlottesville Community Career Conference on
    Wednesday, October 3 at 9:00am to 3:00pm at John Paul Jones Arena. Go to
    www.charlottesville.org/careerconference for more information.
    On motion by Mr. Norris, seconded by Ms. Smith, the following appointments
    were made to Boards and Commissions: to the CDBG, Ms. Kathy Johnson Harris; to the
    Dialogue on Race, Ms. Kristina Bethea; to the Tree Commission, Mr. Joseph Kopp.
    (Ayes: Mr. Huja, Ms. Szakos, Mr. Norris, Ms. Galvin, Ms. Smith; Noes: None.)
    MATTERS BY THE PUBLIC
    Mr. Jim Respess, 1033 Sheridan Ave., announced an art show benefitting children
    in Rwanda at the McGuffey Art Center in October. The show opens Friday, October 5.
    Ms. Jennifer McKeever, 1140 Locust, said she is here on behalf of the Parks and
    Recreation Advisory Board to support the plan for McIntire Park staff will present later in
    the meeting. The board consensus is that we need more rectangular and diamond field
    space in our community. A rectangular field will benefit from significant usage.
    Ms. Jeanne Chase, 223 Old Lynchburg Rd., said neighbors of Old Lynchburg
    Road appreciate Council’s continued efforts to move the project forward. She thanked
    Barbara Ronan of the City Attorney’s office for her diligent assistance with paperwork on
    the project. She also thanked Tony Edwards for his involvement with the project.
    Mr. Cole Berrell, 5685 Peavine Hollow Trl., Free Union, member of the McIntire
    Botanical Garden board, thanked Council for devoting a portion of the McIntire Park to a
    botanical garden, which will be a valuable resource to many citizens.
    3
    Ms. Nancy Carpenter, 727 Denali Way, said she is concerned about what powers,
    roles, and training will be given to the Downtown Mall Ambassador’s Program
    participants. She said this is a slippery slope to abridging personal freedoms.
    Ms. Alex McGee, 1205 Mowbray Pl., said she has been walking at McIntire Park
    once a week for the past six months. She asked for the addition of two to four pedestrian
    access points to the east side. Sidewalks within a half mile of the new interchange should
    be contiguous. She also requested that the park design maintain its current natural open
    space.
    Mr. Brandon Collins, 536 Meade Ave., thanked Ms. Smith for attending the
    Transit Riders Association of Charlottesville’s (TRAC) recent meeting. It is critical for
    riders to be engaged in the decision making process before changes are made. He said
    the downtown mall is bustling, and programs should not differentiate between people
    who are spending money and those who are not.
    Mr. Bill Mueller, 775 Windrift Dr., Earlysville, Executive Director of SOCA,
    asked Council to include a rectangular field in the McIntire Park plan because it would be
    useful to the community.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Ms. Smith said she learned a lot at the TRAC meeting.
    Mr. Norris asked staff for an updated timeline on the Old Lynchburg Road
    project.
    Ms. Szakos said this Council supports sidewalks, and public safety is an important
    aspect of including sidewalks in the community as well.
    Ms. Galvin thanked Mr. Respess for announcing the art opening on October 5.
    She said City staff will be able to use grant money for improvement at the intersection of
    Harris and McIntire, and she asked staff for an update. She asked for an update on the
    Nelson Nygaard Study and asked when further public engagement was going to occur.
    Mr. Huja said he agreed with Mr. Collins that we should not change bus services
    until the Nelson Nygaard Study is complete.
    CONSENT AGENDA
    Ms. Smith requested item f be removed for further discussion. Ms. Szakos said
    she appreciated that we go after grants and funding from other sources.
    4
    On motion by Ms. Szakos, seconded by Ms. Galvin, the following consent agenda
    items were approved, with the exception of the above mentioned item: (Ayes: Mr. Huja,
    Ms. Szakos, Mr. Norris, Ms. Galvin, Ms. Smith; Noes: None.)
    a. Minutes for August 20
    b. APPROPRIATION: Virginia Juvenile Community Crime Control Act Grant
    (VJCCCA) - $452,704 (2nd
    reading)
    c. APPROPRIATION: Charlottesville/Albemarle Adult Drug Treatment Court Grant
    Award - $182,500 (2nd reading)
    d. APPROPRIATION: Feed Your Mind National League of Cities/Wal-Mart CHAMP
    Grant - $55,470 (2nd reading)
    e. APPROPRIATION: Check and Connect Student Engagement Grant - $75,000
    (2nd
    reading)
    f. RESOLUTION: Reallocation of ($86,121.57) and Approval of New Allocations
    from the Charlottesville Housing Fund (CHF) Dollars
    ($288,000) pulled
    g. RESOLUTION: 715 Nalle Street Infill Special Use Permit
    h. ORDINANCE: Sale of Property to Fry’s Spring Beach Club – Old Lynchburg
    Road Project (2nd reading)
    i. ORDINANCE: Application for PUD Rezoning – Lochlyn Hill PUD
    (2nd reading)
    REPORT/RESOLUTION: APPROVAL OF MCINTIRE PARK MASTER PLAN –
    EAST SIDE
    Mr. Daly presented to Council. He reviewed the Parks and Recreation Advisory
    Board recommended plan, which was originally presented to Council on July 16. He
    reviewed Council comments from the July meeting and displayed the final master plan,
    which includes changes based on feedback from the meeting. He reviewed plans for the
    skate park, the Dogwood Vietnam Memorial, the botanical garden core area with a pond
    or lake addition, revised parking and access plans, and the future of the golf course,
    which is proposed to revert to passive use no later than December 31, 2016. He reviewed
    steps moving forward, including botanical garden discussions, exploring expansion of
    golf opportunities at Pen Park, and developing the scope for a design services RFP.
    Mr. Norris asked Mr. Daly for clarification on lighting for the east side of the
    park, which is not currently featured. He asked if the lighting will be dark sky
    compatible. Mr. Daly said it would be. He also said lighting technology has become
    incredibly precise and does not spill over into areas adjacent to the courts. Mr. Norris
    asked if lighting would be on a timer. Mr. Daly said lighting systems would be
    programmed to go on according to sensors and would also be on timers according to the
    natural lighting. Mr. Norris asked for clarification on enhancing pedestrian access. Mr.
    Daly said the portion of the park east of Schenk’s Branch offers opportunities for
    improved access. Mr. Norris requested the McIntire Botanical Garden group be named
    as participants in developing the plan for the botanical gardens.
    5
    Ms. Szakos asked for clarification about access to the skate park during phase
    one. Mr. Daly said the existing parking area can be used. Ms. Szakos asked about the
    plan for access to the Vietnam Memorial during construction. Mr. Daly said the best way
    will be to use the nearby parking lot and walk downwards. A route has been established
    to facilitate transportation for elderly and handicapped users.
    Ms. Smith said the golf-free days should be called golf-restricted days because
    golf is permitted until 2pm.
    Mr. Huja said he saw a water feature added on the map but does not see it in the
    text. Mr. Daly said staff will be sure to include this in the narrative.
    Ms. Smith asked Mr. Daly for clarification on Mr. Kleeman’s email regarding
    MOA restrictions. Mr. Brown said the MOA is between the City, VDOT, FHA, and the
    State Historic Preservation Office, and discusses how impact can be mitigated. The
    MOA itself recognizes that future decisions about how the park is used will be decided
    through a master planning process. Ms. Smith asked for confirmation that a
    documentation process, including photography, has been completed. Mr. Daly said it
    has, and the records are available.
    Ms. Galvin said the final master plan graphic and corresponding language is
    important, especially as we move to work with a consultant. She asked Council to add
    two words, “location” and “size” in the footnote about site design to clarify that those
    elements are conceptual. Mr. Huja said he agreed. Ms. Szakos said she is comfortable
    with flexibility on the sizes, but she does not want them to be completely disregarded
    conceptually.
    Ms. Smith said the architects should work with the plan as though golf were not in
    the park, since that is the ultimate goal. She questioned whether we should start building
    features before the plan is finalized. Mr. Daly said there are opportunities to implement
    temporary facilities. Mr. Huja said he would prefer that approach until we reach a final
    design. He said an attractive entryway is crucial. Ms. Galvin agreed.
    Ms. Galvin said synthetic turf was incompatible with the approach that we wanted
    everything to be as green and natural as possible. Mr. Daly confirmed that the current
    plan is unlighted and natural grass. Mr. Huja confirmed that court systems could be
    included in the family athletic center. Ms. Szakos asked staff to include this on a list for
    the architect to examine and make a recommendation. Ms. Smith said she wants to make
    sure the east side of the park stays as passive as possible.
    Mr. Norris suggested removing any reference to the open play area and tasking
    the landscape architect with designing a family activity area that functions as both a
    recreation space and an attractive entrance. Ms. Galvin said we should not put anything
    there permanently until the architectural design firm has been consulted.
    6
    Ms. Galvin asked about pedestrian access from the east side and requested staff
    pursues options as possible. She also requested staff use the PLACE Design Task Force
    to assist with writing an RFP. Mr. Huja said we should have three representatives from
    PLACE for this purpose.
    Ms. Smith said we should consider taking one hole of golf out of service each
    year until December 2016, at which point we remove golf from the park completely or
    keep a few holes open for youth to enjoy. She is worried we are not actually taking golf
    out of the park. Ms. Szakos said we are giving the golf program four years to make sure
    they have a place to go when they leave McIntire Park. She said the area will be under
    construction during the four year period, and it does no harm to leave golf there in the
    meantime. Mr. Norris said he thinks we can trust the process, and he has confidence that
    this plan will move forward. Ms. Szakos said it is important to respect the process that
    has come out of public engagement. Ms. Smith asked if we can make one weekend day
    truly golf-free.
    Ms. Galvin asked to add a note under the pasture golf section clarifying that the
    use of the word “passive” does not preclude a botanical garden design.
    On motion by Ms. Szakos, seconded by Ms. Galvin, Council voted to approve the
    plan. (Ayes: Mr. Huja, Ms. Szakos, Mr. Norris, Ms. Galvin; Noes: Ms. Smith.)
    Council thanked staff and the Parks and Recreation Advisory Board for their hard
    work.
    REPORT: DOWNTOWN MALL AMBASSADOR’S PROGRAM
    Mr. Jones presented to Council. Over the last several months, staff has been
    working with members of the community to address concerns about disruptive behavior
    on the Downtown Mall, especially near Central Place. The City has taken steps to address
    these issues and has researched what other communities have done to address similar
    concerns in their jurisdictions. One idea for consideration is the development of an
    ambassadors program for the Mall, which have become very popular around the country
    now that downtown areas have begun to flourish again.
    Ms. Galvin asked if there has been feedback from other communities that have
    implemented this program. Mr. Jones said this program has been largely embraced by
    communities. Ms. Szakos said this is not simply a response to bad behavior, but also an
    effort to make everyone feel more welcome on the mall. She said if we do this pilot, we
    should replace the benches. Mr. Jones said staff is looking into replacing them with
    backless benches.
    Ms. Smith said TRAC meeting participants said some benches may have been
    removed from transit stops. Mr. Jones said staff will follow up on this. Ms. Smith said
    this program is critical to addressing issues of people not feeling welcome on the
    7
    downtown mall. This could morph into a more volunteer-based position rather than paid
    positions.
    Mr. Norris said he supports giving this program a try. He wants to be sure we do
    not think this is going to solve the problems we have downtown. There is a need for more
    proactive street outreach for the homeless population.
    Mr. Jones said there has been interest in volunteer programs, and we will work to
    see if we can use volunteers to supplement the program and develop this idea further in
    the future. He also said we are working closely with Social Services on outreach
    programs in addition to this initiative.
    Ms. Smith asked who will administer this program. Mr. Jones said the Police
    Department will do so in the near-term. Ms. Szakos said the intent may be better
    conveyed if this was administered by the Visitor’s Bureau or the City Manager’s office.
    Mr. Jones said the Neighborhood Services Bureau will be responsible for supervising the
    pilot program.
    Mr. Huja said he supports this concept, but he had hoped to start with volunteers
    for the program before working with hired people. He wants to be sure there is good
    training in place.
    Ms. Galvin said she supports the program. She understands the reason for having
    paid positions in this program. General mall upkeep and building maintenance around the
    downtown mall will also make a major impact. Blank walls and blank windows do not
    make for an inviting place to visit. She listed several ideas for improving the environment
    of the downtown mall. Making qualitative improvements may also improve behaviors.
    Ms. Szakos said we should be sure to hire people that make all feel welcome.
    On motion by Ms. Smith, seconded by Ms. Szakos, Council voted to approve the
    pilot ambassador’s program.
    In response to a question by Ms. Smith, Mr. Jones said the $80,000 budget would
    be one-time money, and we will have a discussion about incorporating this into our
    operating budget after the pilot program.
    REPORT: BOYS AND GIRLS CLUB OF CENTRAL VIRGINIA SUMMER YOUTH
    PROGRAM UPDATE
    Mr. James Pierce, Executive Director of the Boys and Girls Club of Central
    Virginia, presented to Council. He gave an overview of the summer youth program.
    National youth outcomes include reducing obesity and reducing the high school dropout
    rate. He reported that 90% of program participants showed no knowledge loss over the
    summer. Over 700 teens participated in their weekend evening programs.
    8
    Ms. Galvin asked if participants from the program could be followed throughout
    the school year. Mr. Pierce said the schools have agreed to share their literacy
    assessment data at the beginning and end of the year. The Boys & Girls Club also has
    internal data. Ms. Smith said it would be valuable to know how kids who did not
    participate in a summer program fared in comparison.
    Mr. Huja thanked the group for applying for the grant and bringing this program
    to fruition. Mr. Norris said this is the first summer he has been on Council that he did not
    receive complaints about youth delinquency.
    Ms. Smith asked if Mr. Pierce can identify barriers to participation. Mr. Pierce
    said transportation is number one.
    REPORT: CAYIP UPDATE
    Mr. Mike Murphy, Director of Human Services, and Ms. Misty Graves, Program
    Supervisor, presented to Council. Mr. Murphy gave an overview of the summer
    internship program. Interns leave the program with workplace readiness skills,
    professional references and a resume. The program has extensive community
    partnerships.
    Ms. Smith said she was very impressed with the organization of the program and
    the graduation. Job offer rates would be valuable data. Ms. Galvin said she gave the
    commencement speech at the graduation, and she was intrigued by follow-up with longterm
    job placements. Private employers were committed to providing an ongoing
    education to participants. She said we need to start measuring the impact the program
    has on children in the classroom.
    Mr. Norris said this is possibly the most important and valuable program we fund.
    He said the more we can do to get children into the mainstream financial markets and
    getting them a financial education is critical. Mr. Huja agreed that banking is an
    important aspect of the program. Mr. Murphy agreed to work on adding a direct deposit
    requirement to the program.
    RESOLUTION: REALLOCATION OF ($86,121.57) AND APPROVAL OF NEW
    ALLOCATIONS FROM THE CHARLOTTESVILLE HOUSING FUND (CHF)
    DOLLARS ($288,000)
    Ms. Kathy McHugh presented to Council. There are portions of prior allocations
    made from the Charlottesville Housing Fund that are no longer necessary for the
    completion of various projects.
    9
    New allocation requests include $200,000 for housing rehabilitation, $58,000 for
    the HOME Program match, and $30,000 to cover miscellaneous administrative expenses
    and training.
    Staff recommends reallocating funds of $86,120.67 and approving use of CHF
    funds as follows: 1) $200,000 for housing rehabilitation activities to be carried out by
    AHIP, 2) $58,000 for HOME match, and 3) $30,000 for miscellaneous training and other
    administrative expenses.
    Ms. Smith asked for a copy of the survey of inventory/survey of housing stock
    and land use in the City. Ms. McHugh said it will be an attachment to the comprehensive
    plan update.
    Mr. Huja asked if there was a system for monitoring AHIP projects and if they
    can handle additional requests. Ms. McHugh said they have nearly exhausted the funds
    provided. Ms. Smith asked for a report on how housing rehabilitation needs are being
    quantified. Ms. McHugh said the housing survey has been able to provide staff with
    information, although not quite as definite. She will follow up with Ms. Smith.
    Ms. Szakos said she appreciates that AHIP believes improving existing buildings
    is energy-efficient. She said that tactic also provides integrity in our neighborhoods.
    On motion by Ms. Szakos, seconded by Ms. Smith, the resolution passed. (Ayes:
    Mr. Huja, Ms. Szakos, Mr. Norris, Ms. Galvin, Ms. Smith; Noes: None.)
    OTHER BUSINESS: MACAA FUNDING REQUEST
    Ms. Galvin said MACAA has requested funding to allow MACAA to enroll ten
    community residents in the Certified Nurse Aide training program at CATEC.
    Karen Shepard, Director of MACAA, and Ms. Brenda Bibby, Case Manager for
    the Back to Work program, was present. MACAA will put together another class
    specifically for the 10 participants.
    Ms. Smith asked if they will be certified as part of the class. Ms. Bibby said they
    will obtain certification after completing this course. Mr. Huja asked who monitors the
    program. Ms. Bibby said CATEC usually gives daily reports and monitors participants.
    Ms. Szakos asked why we should pay this tuition as opposed to others who need funding
    for their educational programs and training. Ms. Bibby said there is a mentor piece to
    this program that sets it apart from the rest. Ms. Shepard said there is a vetting process to
    be sure participants are ready for this commitment. The program has had very successful
    students. Ms. Szakos asked if we could defer this decision for two weeks while we do
    research without affecting the program.
    10
    Mr. Huja directed staff to add this to the agenda for the September 17 meeting.
    MACAA will meet with Mr. Murphy and Ms. Beauregard to develop materials for the
    item.
    MATTERS BY THE PUBLIC
    Mr. Huja opened the meeting to matters by the public.
    Having no speakers, the meeting was adjourned.
    Clerk of Council
  • Charlottesville City Council Meeting

    COUNCIL CHAMBERS – October 1, 2012
    Council met in regular session on this date with the following members present:
    Ms. Galvin, Mr. Huja, Ms. Smith, and Ms. Szakos. Mr. Norris joined the meeting in
    progress.
    ANNOUNCEMENTS
    Mr. Huja announced that today is Ms. Smith’s birthday.
    Mr. Huja announced the Tree Commission’s first annual Tree Hunt. Go to
    www.charlottesville.org/trees for instructions and an entry form.
    Ms. Galvin announced an event, “Recognizing the History of Free and Freed
    Blacks in Charlottesville”, on October 4 in Council Chambers. She also announced an
    opportunity for conversations with the sculptor of the Vinegar Hill sculpture on October
    2 and 3 in various locations.
    Ms. Szakos announced the National Citizen’s Survey. Questionnaires will be
    mailed to a random sample of households and will be used to guide future vision, goal
    setting processes, and budget revisions. She also announced voter registration is open for
    absentee voting. For more information, call the voter registrar’s office at 970-3250.
    Ms. Smith announced the Charlottesville Community Career Conference on
    October 3 at the John Paul Jones Arena. Go to www.charlottesville.org to register. She
    also read a proclamation for Domestic Violence Awareness Month, which was submitted
    by the Shelter for Help in Emergency (SHE).
    Ms. Szakos read a proclamation for National Hispanic Heritage Month. Ms. Olga
    Morse from Forward Magazine was present to accept.
    Ms. Becky Clay Christensen and Mr. Steven Meeks presented an update on
    Celebrate 250! activities to Council There will be a Legacy Project meeting on October
    10 at City Space. The 18th Annual Spirit Walk will be on October 19. The year will end
    with a gala on November 11. Go to John Paul Jones Arena or ticketmaster.com to buy
    tickets. Mr. George Benford gave Council an update on the activities planned for the gala
    weekend. Ms. Phyllis Popkin shared a poem entitled A Charlottesville Treasure!
    Mr. Huja announced that the Charlottesville Parks and Recreation Department
    received the Best New Environmental Sustainability Award at the recent annual
    conference of the Virginia Recreation and Park Society. The award was granted for the
    innovative use of goats to control invasive plants in Pen Park. Mr. Gensic was present to
    accept the award.
    2
    Mr. Norris said comments should not be allowed on the Moto Saloon SUP during
    Matters by the Public because a public hearing has already been held.
    MATTERS BY THE PUBLIC
    Ms. Donna Blessing, 209 16th St. NE, read a letter from JABA regarding the Moto
    Saloon SUP.
    Mr. Tom Millner, 107 1st St. S, said he was here to pledge his support for the
    Green Dot Project, which will be presented later this evening.
    Ms. Bethany Hurley, 414 Oak St., said she is here as a Virginia Organizing (VOP)
    member, to speak about Medicaid expansion in Virginia. VOP is asking Municipal
    governments across the state to support Medicaid expansion.
    Mr. Bill Lankford, 1400 E. Market St., presented a petition to Council regarding
    the Woolen Mills SUP.
    Ms. Bailee Hampton, 505 Elliot Ave., said she recently attended the CRHA
    meeting last Monday. She was disappointed at the treatment of residents by Housing
    Authority staff. Council should pay attention to the conditions of the public housing
    community. She said there is no place for people who are not spending money on the
    Downtown Mall, and this is not a good use of public space.
    Ms. Nancy Carpenter, 727 Denali Way, said she appreciated the new Jefferson
    Park Avenue bridge. She said she agreed with Ms. Hampton regarding the Downtown
    Mall.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Mr. Huja thanked Mr. Norris for his advice on not allowing comments once a
    public hearing has been held. Ms. Smith said she did not agree with not allowing
    comment.
    Ms. Smith thanked Ms. Hurley for bringing up the Medicaid issue, but we should
    work closely with Social Services and be aware of the impacts of the resolution on
    resources. She said our goal is to improve the atmosphere on the Downtown Mall so that
    everyone feels welcome.
    Ms. Galvin said she would like to investigate a resolution regarding Medicaid.
    She said Mr. Jones will present Council with a more comprehensive report on the
    Downtown Mall Ambassador’s Program. She appreciated Ms. Carpenter’s remarks.
    Ms. Szakos asked Ms. Hurley for a sample resolution on Medicaid.
    3
    CONSENT AGENDA
    On motion by Ms. Szakos, seconded by Ms. Smith, the following consent agenda
    items were approved: (Ayes: Mr. Huja, Ms. Szakos, Mr. Norris, Ms. Galvin, Ms. Smith;
    Noes: None.)
    a. Minutes for September 17
    b. APPROPRIATION: Albemarle County Reimbursement for the Central Library
    Mechanical/Air Handler Replacement Project - $5,493.61
    (2nd reading)
    c. APPROPRIATION: Albemarle County Reimbursement for the Central Library
    Elevator Project - $25,746.33 (2nd reading)
    d. APPROPRIATION: Revenue Sharing – Appropriate $100,000 and Transfer
    $100,000 for Sidewalk Construction (2nd reading)
    e. APPROPRIATION: Skate Park Relocation – Appropriation of $255,850
    (2nd reading)
    f. APPROPRIATION: FY2013 Blue Ridge Commons Corporation Sponsorship
    Agreement with Charlottesville Police Department -
    $86,000 (carried)
    g. APPROPRIATION: Victim Witness Assistance Program Grant--$157,143
    (carried)
    h. APPROPRIATION: Moore’s Creek Trail Proffer - $20,000 (carried)
    i. APPROPRIATION: Personal Emergency Response System (PERS) for Public
    Housing Residents - $3,120 (carried)
    j. APPROPRIATION:
    and
    RESOLUTION:
    Crisis Intervention Team Coordinator – Appropriation of
    Grant and Other Funds ($161,195) (carried)
    Authority to Execute Memorandum of Understanding
    k. APPROPRIATION: 2013 Child Care Quality Initiative Grant - $25,127 ($21,232
    state funds and required local match of $3,895) (carried)
    l. RESOLUTION: Charlottesville-Albemarle Health Department Carry Over
    Request - $29,549
    REPORT/RESOLUTION: GREEN DOT CHARLOTTESVILLE PROJECT
    Ms. Frances Lengowski and Ms. Jennifer Rhoades from Emerging Leaders in
    Architecture (ELA) Class of 2012 presented to Council. Their research shows that 2,069
    Charlottesville families do not earn enough money to be self-sufficient. Mr. Toan Nguyen
    and Mr. Bernard Whitsett are the community leaders in charge of this initiative. The
    Green Dot Project’s goals are to support small local businesses and help move families
    out of poverty. The website is www.greendotcharlottesville.com and provides more
    information on this initiative. ELA chose the IX Building as a pilot location to start work
    on their project.
    4
    Mr. Huja thanked Ms. Lengowski and Ms. Rhoades for their presentation. Mr.
    Norris asked the group to be sure they are linking with others in the community working
    on similar endeavors.
    Ms. Szakos said she appreciated their enthusiasm, and the ability to implement
    and maintain momentum is going to be the key to success.
    Ms. Galvin thanked those involved with the project. The data and detailed
    information the folks have collected is key to understanding what it means to have an
    operation like this. Developing business and outreach plans is important.
    Ms. Smith said there is a lot of focus on a commercial kitchen and asked if there
    has been research to show we can support more caterers. Mr. Norris said a lot of the
    research has been done. Ms. Smith said the Jefferson School plans to have a kitchen, but
    CATEC already has these facilities. Be sure not to overbuild in one sector. Pay attention
    to market analysis that identify where job growth is available in our community.
    Mr. Huja asked how long they will be working on the project. They said they are
    staying on until November. Mr. Huja said he hopes someone will follow up on these
    great ideas. Mr. Nguyen, Mr. Whitsett and Chef Ralph Brown spoke to Council about
    their plans to follow through on these ideas.
    REPORT/RESOLUTION: APPROVAL OF SPECIAL USE PERMIT (SUP) FOR A
    MUSIC HALL AT 1304 EAST MARKET STREET
    Mr. Brian Haluska presented to Council on the SUP for a music hall at 1304 East
    Market Street. Mr. Norris asked Mr. Haluska to describe the standard of review.
    Mr. Haluska said the Planning Commission focuses on the planning aspects of
    this permit, particularly whether or not it is in compliance with certain regulations,
    whether it fits into the comprehensive plan, and zoning ordinance. However, the City
    Council has a more broad focus and can consider other matters, such as whether the
    proposed use will be harmonious with existing patterns of use and development within
    the neighborhood and whether the proposed use will conform to the City’s
    comprehensive plan.
    Mr. Haluska reviewed the conditions of the Planning Commission’s approval of
    the SUP.
    Ms. Smith asked if there is a precedent for SUPs for music halls. Mr. Haluska
    gave the Jefferson Theatre and the Southern, both of which are in the Downtown Mall
    corridor, as examples. Ms. Smith asked where music halls can exist in the city by right.
    Mr. Haluska said they can exist downtown. They are issued as provisional use permits.
    5
    Mr. Huja asked where music halls are permitted in the city. Mr. Tolbert said
    West Main North, West Main South, the Corner District, Preston Avenue area, Barracks
    Road Shopping Center area, South Street, and Downtown. They are by-right in almost
    every zoning classification we have, but Council chose to make them special use permits
    in manufacturing districts.
    Ms. Galvin said she understood that the reason they do not allow music halls is
    because those areas are adjacent to residential areas. Mr. Tolbert said they have different
    characters than the others with much smaller lots and other differentiating factors.
    Mr. Norris asked the applicant, Mr. Frankovich, if he had any information he had
    not had a chance to share with Council previously. Mr. Frankovich appealed to Council
    on behalf of his business. Ms. Szakos asked about parking. Mr. Frankovich said he has
    65 total parking spaces, with a 150 occupancy limit.
    Mr. Norris asked Mr. Tolbert what mechanisms are in place for measuring and
    regulating the impact of bass sounds. Mr. Tolbert said we have none.
    Ms. Smith confirmed that the SUP goes with the space, not with the applicant.
    Mr. Tolbert said the SUP would apply to this space regardless of whether or not it
    changes hands. Ms. Smith said a lot of what we have heard is how much people like the
    Moto Saloon business, but Council should consider what is appropriate for that location,
    not whether the business is well-liked.
    Mr. Norris asked if you should consider cumulative impacts of surrounding
    businesses. Mr. Tolbert said this would be difficult to do. Mr. Norris asked what
    updates there are in the Comprehensive Plan process, in light of the frustration of the
    Woolen Mills neighborhood with the way their neighborhood is zoned. He would like to
    see if there is a way to get this issue reflected in the Comprehensive Plan.
    Ms. Galvin said we need to explore the right process on this. She thanked the
    Planning Commission for their work and said she believes they met the standards of
    review, but she disagrees with some of the determinations they made. She said a
    comprehensive plan is foundational and visionary, whereas zoning is an implementation
    tool. Granting an SUP for this location is not harmonious with the neighborhood and
    moves the community further away from their aspirations as outlined in the
    comprehensive plan. Because the applicant violated his certificate of occupancy, the
    greatest test of this occurred between February and July of this year. The underlying
    zoning that allows for an SUP is fundamentally inappropriate.
    Ms. Szakos said she is opposed to granting an SUP, namely because it does not
    conform to the requirement for harmonious use.
    Ms. Smith said this business obviously fills a niche. However, there are thriving
    restaurant/bar establishments, and she cannot support putting a music hall at the corner of
    a building where the zoning does not allow it.
    6
    Mr. Norris said it is not fair to say that there was a true testing period, because a
    lot of the complaints were not attributed to this venue. There were also very few calls for
    service during the February to July time period. The Planning Commission took a close
    look at this application and believed a music hall could operate under certain conditions.
    He asked if the applicant were to seek deferral, if there are conditions under which other
    Councilors would see this as an appropriate place for a music hall.
    Ms. Szakos said she would encourage music halls at by-right locations, but not at
    this location. Ms. Galvin said we need to get our Comprehensive Plan updated as soon as
    possible and adjust our zoning to match. The community needs to be a part of the
    process. Ms. Smith said she does not believe there would be new information to inform
    this decision.
    Mr. Huja said he agreed with Ms. Galvin’s analysis in terms of criteria. He could
    see special use circumstances change for the future, but not right now.
    Ms. Szakos moved to recommended denial of the application on the basis that it
    does not promote harmonious co-existence adjacent to the neighborhood. Mr. Huja asked
    for a more detailed motion.
    On motion by Ms. Galvin, seconded by Mr. Huja, Council recommended denial
    based on the following reasons:
    1) The proposed SUP is not harmonious with existing patterns of
    use and development within the neighborhood;
    2) The proposed SUP will not substantially confirm with City’s comprehensive plan;
    3) The proposed SUP will have adverse impacts on surrounding neighborhoods, and
    there are no circumstances that will substantially mitigate these impacts.
    (Ayes: Ms. Galvin, Mr. Huja, Ms. Smith, Ms. Szakos; Noes: Mr. Norris.)
    Mr. Norris said he is concerned about the dynamic in the neighborhood and the
    discord that was created because of the circumstances. This is why community
    engagement is so important. He said he is voting against the motion because there were
    many people, including our Planning Commission, who felt there would be an advantage
    to having this location rezoned.
    Ms. Smith encouraged Mr. Frankovich to continue making his business work as a
    restaurant/pub.
    REPORT/RESOLUTION: DAVIS FIELD RFP
    Mr. Daly presented to Council. Earlier this year, the City purchased Davis Field
    for the purpose of expanding the park system and adding a rectangular athletic field to the
    City’s inventory. Additionally, as part of that purchase, the City intends to offset a
    7
    portion of the expense of acquisition through a land lease of a portion of the property to a
    local youth athletic organization.
    On motion by Mr. Norris, seconded by Ms. Smith, the resolution passed
    unanimously. (Ayes: Ms. Galvin, Mr. Huja, Ms. Smith, Ms. Szakos, Mr. Norris; Noes:
    None.)
    REPORT/RESOLUTION: STRATEGIC INVESTMENT AREA STEERING
    COMMITTEE
    Mr. Tolbert presented to Council. Several months ago Council allocated funding
    for a study, which has been named the Strategic Investment Area Study, to take a look at
    Urban Design and Economic Development issues for a large area south of Downtown.
    The area includes the Belmont and Ridge Street Neighborhoods, the Friendship Court
    Development, and three public housing properties: 6th Street, South 1st Street, and
    Crescent Halls. In addition, the project area includes new and established businesses and
    mixed use development. Cunningham/Quill has been selected as the contractor to provide
    the planning services for this study. They are ready to move forward with a committee
    created to provide input and advise Council. Mr. Tolbert reviewed the composition of the
    proposed committee as outlined in the resolution.
    Ms. Szakos asked what the envisioned process is regarding the Belmont
    representative and the Ridge Street representative. Mr. Tolbert said they would be
    selected by the neighborhood association. Ms. Szakos asked if he would change the
    language to indicate that. Ms. Galvin said this may be too limiting.
    Mr. Huja agreed with the composition, but most task forces are appointed by City
    Council. This appointment schematic is too complicated. Ms. Szakos said HAC is
    structured this way. Mr. Huja said the composition is excellent, but the selection process
    should be conducted by Council.
    Ms. Smith asked for more information on what the hired firm will be doing. Mr.
    Tolbert explained their role. Ms. Smith said neighborhood representation is not strong
    enough. Ms. Smith said she would like representation from the schools. Mr. Huja said he
    is excited this takes a holistic approach to community improvement. Ms. Smith said she
    wants to make sure there is enough representation from the south side.
    Council agreed to the following changes:
    1) Add Parks and Recreation staff representative.
    2) Add a representative from Clark and Jackson Via.
    3) Council will approve the appointments of the committee as a whole.
    8
    On motion by Ms. Smith, seconded by Ms. Szakos, Council approved the
    resolution with the above mentioned additions. (Ayes: Ms. Galvin, Mr. Huja, Ms. Smith,
    Ms. Szakos, Mr. Norris; Noes: None.)
    MATTERS BY THE PUBLIC
    Ms. Bailee Hampton, 505 Elliot Ave., said she is upset with the Council’s
    decision on the Moto Saloon SUP. She said Council is effectively killing Mr.
    Frankovich’s business.
    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 15, 2012, 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 15, 2012
    Council met in special session on this date with the following members present:
    Mr. Huja, Ms. Szakos, Ms. Smith, Ms. Galvin. Absent: Mr. Norris.
    On motion by Ms. Smith, seconded by Ms. Szakos, Council voted, (Ayes: Mr.
    Huja, Ms. Szakos, Ms. Smith, Ms. Galvin; Noes: None; Absent: Mr. Norris), to meet in
    closed session consultation with legal counsel for consultation with legal counsel for
    legal advice regarding the negotiation of the terms and conditions of a cost sharing
    agreement with the Albemarle County Service Authority for a new sanitary sewer
    interceptor and pump station at the wastewater treatment plant site, as authorized by
    Virginia Code sec. 2.2-3711 (A) (7).
    On motion by Ms. Smith, seconded by Mr. Norris, Council certified by the
    following vote (Ayes: Mr. Huja, Ms. Szakos, Ms. Smith, Ms. Galvin; 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 – October 15, 2012
    Council met in regular session on this date with the following members present:
    Ms. Galvin, Mr. Huja, Ms. Smith, and Ms. Szakos. Mr. Norris joined the meeting in
    progress.
    ANNOUNCEMENTS
    Mr. Huja read a proclamation recognizing the Kiwanis Club of Charlottesville for
    their 90th anniversary. Mr. Jim Hart was present to accept the proclamation.
    2
    Mr. Huja announced the 250th Anniversary Gala, featuring Kool and the Gang,
    on November 11 at the John Paul Jones Arena.
    Ms. Galvin read a proclamation in honor of Community Planning Month. Mr.
    Tolbert was present to accept the proclamation.
    Ms. Galvin announced the Comprehensive Plan Update public meeting series,
    which will occur on Wednesday, October 17 at Buford Middle School Cafeteria 6-8pm,
    Thursday, October 25 at Venable Elementary Auditorium 6-8pm, and Thursday,
    November 1 at Clark Elementary School Gymnasium, 7-9pm.
    Mr. Norris announced that we are soliciting applicants for Boards and
    Commissions. The deadline to apply is November 1. He also announced the National
    Citizen Survey and encouraged citizens to complete and return the survey if they receive
    one in the mail. He announced a Transit Study Open House tomorrow evening at the
    Downtown Transit Center.
    Ms. Smith announced that the City has received platinum certification through the
    Virginia Municipal League 2012 Go Green Challenge. Ms. Riddervold was present to
    accept the award on behalf of the City. Also on Tuesday, October 30, Ms. Smith
    announced the Doggie Halloween contest, for which she will serve as a judge.
    Ms. Szakos read the text of the Equal Rights Amendment resolution, which
    Council will vote on as part of the consent agenda. She also announced deadlines for
    absentee voting. Election Day is November 6.
    MATTERS BY THE PUBLIC
    Ms. Robbi Morrisson said she is here to recognize National 4-H Week. This
    program has a wonderful impact on youth. For more information on the 4-H program,
    please call 872-4580.
    CONSENT AGENDA
    Mr. Huja said regarding item j, he is concerned because he is not sure what the
    “other criteria” are. However, he is willing to proceed.
    On motion by Ms. Szakos, seconded by Ms. Smith, the following consent agenda
    items were approved: (Ayes: Mr. Huja, Ms. Szakos, Mr. Norris, Ms. Galvin, Ms. Smith;
    Noes: None.)
    a. Minutes for October 1
    b. APPROPRIATION: FY2013 Blue Ridge Commons Corporation Sponsorship
    Agreement with Charlottesville Police Department -
    3
    $86,000 (2nd reading)
    c. APPROPRIATION: Crisis Intervention Team Coordinator – Appropriation of
    Grant and Other Funds ($161,195) (2nd reading)
    d. APPROPRIATION: Victim Witness Assistance Program Grant--$157,143
    (2nd reading)
    e. APPROPRIATION: Moore’s Creek Trail Proffer - $20,000 (2
    nd reading)
    f. APPROPRIATION: Personal Emergency Response System (PERS) for Public
    Housing Residents - $3,120 (2
    nd reading)
    g. APPROPRIATION: 2013 Child Care Quality Initiative Grant - $25,127 ($21,232
    state funds and required local match of $3,895) (2nd reading)
    h. RESOLUTION: Approval of Regional Library Agreement
    i. RESOLUTION: Equal Rights Amendment
    j. RESOLUTION: City Council Policy- Nonprofit and Outside Agency
    Funding Requests that Occur Separate from the Budget
    Process
    PUBLIC HEARING/ORDINANCE: CONVEYANCE OF A PORTION OF FORMER
    PRESTON AVENUE RIGHT-OF-WAY TO REGION TEN (carried)
    Mr. Brown presented to Council. Region Ten Community Services Board recently
    discovered that a narrow triangular-shaped strip of land that appears to be a part of their
    property at 800 Preston Avenue is actually owned by the City. This property, which
    covers a 2,760 square feet area, was probably at one time a part of the Preston Avenue
    right-of-way but was left over as a remnant when the road was widened and realigned.
    Region Ten recently discovered that this is not part of their property and requested the
    City convey it to them without compensation. There is no staff concern regarding this
    matter.
    Ms. Szakos asked if this was land we could have sold separately. Mr. Brown said
    it is not of sufficient size to be a stand-alone parcel that could be conveyed to anyone
    else.
    On motion by Mr. Huja, the public hearing was opened.
    Mr. Robert Johnson, Executive Director of Region Ten, said they have maintained
    this piece of property. Also, this particular area is critical to potential future growth. He
    requested that the City donate this to Region Ten.
    Having no further speakers, the public hearing was closed.
    On motion by Mr. Norris, seconded by Ms. Szakos, the ordinance carried.
    Ms. Szakos thanked Region Ten for maintaining this piece of land thus far.
    4
    PUBLIC HEARING/RESOLUTION: COURT PETITION IN RESPONSE TO CITY
    TREASURER VACANCY
    Mr. Huja recognized Ms. Jennifer Brown, who has long served as City Treasurer,
    and thanked her for her service.
    Mr. Brown presented to Council. Ms. Jennifer Brown announced her retirement as
    City Treasurer, effective October 1, 2012. Her term of Office was scheduled to expire
    December 31, 2013. This position will still be on the ballot on that date. However, when
    a vacancy occurs in a constitutional office, Virginia Code provides that the “highest
    ranking deputy officer . . . shall be vested with the powers and shall perform all of the
    duties of the office”, until the vacancy is filled by election. In this case Chief Deputy
    Treasurer Jason A. Vandever assumed the duties of the City Treasurer, effective October
    1.
    Council should decide this evening if they wish to have a special election to fill
    the vacancy for calendar year 2013 or ask the courts to allow Mr. Vandever to fill this
    position until December 31, 2013. While ultimately the decision lies with the Court, Mr.
    Brown will file a petition with the Court pursuant to Council’s wishes. Mr. Brown
    explained constraints regarding the timing and other administrative information regarding
    a special election.
    Mr. Norris confirmed that a special election would mean scheduling two back-toback
    elections for the same office. Mr. Brown said that would be the case.
    On motion by Mr. Huja, the public hearing was opened.
    Mr. John Pfaltz, 1503 Rugby Rd., said he has been trying to decry one party rule
    for several years. He asked for a special election in order to give all parties a fair chance
    at the position. He said this also looks like nepotism because of Mr. Vandever’s
    relationships.
    Ms. Terri Perkins, 2311 Brook Rd., said she supports Mr. Vandever holding the
    post of City Treasurer until December 2013. Holding a special election is not costeffective,
    and we will be holding an election for City Treasurer in November 2013 either
    way.
    Ms. Carole Thorpe, 1318 Oak Tree Ln., said she is speaking on behalf of the
    Jefferson Area Tea Party. She thanked Council for communicating about this public
    hearing. She said the Tea Party is concerned about the use of tax dollars, but the City
    Treasurer position should be voted on by the general public.
    Ms. Monica Walker, 1601 Concord Dr., said she appreciated Mr. Brown’s
    explanation of the possible special election dates for this position. She said she supports
    allowing the Deputy Treasurer to perform the duties of City Treasurer. She said a special
    election should not be required and is not cost-effective.
    5
    Mr. John Conover, 104 West High St., said he supports appointing the interim
    City Treasurer, especially because of the stress on the electoral board and the cost that a
    special election would incur. He also spoke in support of the City Treasurer position
    remaining an elected office.
    Ms. Linda Seaman and Mr. Jim Nix, co-chairs of the Charlottesville Democratic
    Party, said the Charlottesville Democrats find that a special election to fill the City
    Treasurer vacancy is not required. They cited cost and the qualifications of Mr. Vandever
    as reasons not to hold a special election.
    Ms. Jennifer Brown, 511 N. First St., thanked Councilors and citizens for their
    kind remarks and their support over the years. The Treasurer’s office concentrates on
    customer service, and they have a terrific staff. Having several elections in a row will put
    a tremendous strain on staff and citizens. Mr. Vandever has been trained for three years
    and is eminently qualified.
    Having no further speakers, the public hearing was closed.
    Ms. Smith said she has sympathy for Mr. Pfaltz’s arguments, but in this case,
    holding a special election would be just a show of support for those sentiments and not
    have a concrete effect on the results.
    Ms. Szakos agreed with Ms. Smith. She said by the time a special election is
    held, Mr. Vandever would have been holding the position in an acting capacity anyway.
    The difference is not worth the cost. Charlottesville’s voting record shows that the
    majority of citizens are Democrats by party, but they do not always agree on issues.
    Ms. Galvin said there is value in loyal opposition, and competition does make
    people work better. However, this is not the right opportunity to prove that point, and the
    expense is something we cannot ignore.
    Mr. Norris asked Mr. Brown for clarification on whether the Treasurer has to be
    an elected position. Mr. Brown said current law does not allow for this to be a nonelected
    position. Mr. Norris said he disagreed that this position should be elected. These
    positions should be based on competency, not on politics. That being said, Mr. Norris
    said he supported the motion stating that a special election is not required.
    On motion by Mr. Norris, seconded by Ms. Galvin, BE IT RESOLVED by the
    Council for the City of Charlottesville, Virginia that the City Attorney is directed to file a
    Petition in the Charlottesville Circuit Court requesting an Order allowing the Deputy City
    Treasurer to perform the duties of the City Treasurer for the period beginning October 1,
    2012 and ending December 31, 2013, and finding that a special election to fill the
    vacancy created by the retirement of the former City Treasurer is not required. (Ayes: Mr.
    Norris, Ms. Galvin, Ms. Szakos, Ms. Smith, Mr. Huja; Noes: None.)
    6
    REPORT: MEADOW CREEK STREAM RESTORATION PROJECT
    Ms. Riddervold presented to Council. She gave a project overview, outlined
    project drivers and goals, reviewed design and construction, and detailed outreach to
    date. Updated information is available at www.charlottesville.org/meadowcreek.
    Ms. Szakos asked Ms. Riddervold if there will be an opportunity in the local stage
    for folks to work on the project. This is a good opportunity to provide training for a
    growing industry. Ms. Diane Frisbee explained the project’s staffing plans and said they
    will work on this.
    In response to a question from Ms. Smith, Ms. Frisbee explained how they are
    coordinating planting projects with the interceptor project. Ms. Smith asked if exploring
    certain parts of the stream constitutes trespassing. Mr. Ehman said if you are on Rivanna
    easements, you are trespassing because it is private property. Not all of the sewer
    easement is accessible to the public. Ms. Smith asked if there will be public access
    points. Mr. Ehman said additional access points will be built in eventually. Ms. Smith
    asked if the amount of riprap will disappear, because she found it alarming. Mr. Ehman
    said in three years, you will not see a lot of the large boulders, but instead natural
    regeneration and plantings will be dominant.
    Mr. Huja said he fully supports this project. He confirmed with staff that the trail
    will be rebuilt. Staff said they are firmly committed to a network of trails. Mr. Norris and
    Ms. Galvin commended staff on their excellent work on this project.
    REPORT/RESOLUTION: MACAA REQUEST FOR HOPE HOUSE FAMILY CASE
    MANAGEMENT $40,000 ALLOCATION FROM CHARLOTTESVILLE HOUSING
    FUND
    Ms. McHugh presented to Council. Staff are concerned that a new housing model
    has shifted from homelessness housing to an emergency shelter. The length of time has
    been reduced from 12-18 months down to six months under the Emergency Shelter
    Grant. Also, family case management is now voluntary. Staff is also concerned about
    outcomes and sustainability. However, this is one of the only programs providing shelter
    for homeless families. Staff recommended awarding the $40,000 requested as a one-time
    contribution.
    Mr. Huja asked if there is a mortgage on the Hope House. Ms. Nancy Kidd, the
    new director with Hope House, and Ms. Karen Shepard with MACAA came forward to
    address questions. Ms. Shepard confirmed there is a mortgage on the Hope House.
    Ms. Galvin asked how this program would be maintained, because $40,000 is not
    enough to sustain the program. Ms. Kidd says there is a tiered approach, and some of the
    area churches have indicated they are interested in donating money each month. They
    will know within the next six months whether or not the plan will go forward. Ms.
    7
    Galvin asked if there is a permanent commitment by the churches. Ms. Kidd said they
    will ask for a three to five year commitment.
    Mr. Huja said he wants to see definite fundraising goals and measurable steps
    towards the goals that can be reported to the City on a quarterly basis.
    Ms. Smith asked for information on the history of the program, which Ms. Kidd
    provided. She also asked for their success rate and data on measurable outcomes. Ms.
    Kidd said she did not have the numbers, but she gave an account of two beneficiaries of
    the program and how it helped their family. Ms. Shepard recounted where previous Hope
    House residents move after leaving the home.
    Mr. Huja confirmed that they will be using the $40,000 for case management.
    Ms. Kidd said yes, and they will also use the money to partner with the ESG grant.
    Ms. Smith asked if the case manager’s sole job is to support the four families who
    are at Hope House. Ms. Kidd said the position will do extensive case management with
    the families at the Hope House, but the process starts with handling requests when they
    come in. The position will also work with local churches and meet with private donors to
    secure funding for the Hope House.
    Ms. Smith asked if MACAA has approached any other counties for help with the
    families at Hope House. Ms. Shepard said because the house is in Charlottesville, they
    do not receive funding from other localities. Ms. Szakos said it would be helpful to know
    where applicants have come from, and the county is another logical choice when it comes
    to requesting funds.
    Ms. Smith asked what their overall budget is. Ms. Shepard said it is $110,000.
    Mr. Norris said Hope House is addressing an important need in a competent way.
    However, on a per-client basis, it is an expensive program. This could be addressed by
    expanding the program, which has a lot of potential. He said he is concerned about the
    source of funds identified to fulfill this request. We keep turning to our housing fund to
    support initiatives like this. The housing fund was originally based on a formula designed
    to get us to a certain number of affordable housing units, and it is important to remain
    focused on the purpose of this fund. He said we also have to have some preference for
    City residents built in for the Hope House program. Ms. Shepard said there is a broadbased
    selection committee. Mr. Huja said he expects that preference would be given to
    City residents. Ms. Szakos said she would like to challenge our colleagues in the County
    and surrounding areas to contribute to this project.
    Ms. Galvin said she strongly supports the case management approach. She also
    would like preference for City residents. She sees this as an investment in a model that
    we need to expand. City staff should be involved with the monitoring and planning of this
    money, since we contribute such a major portion of it. She views this as a pilot with a
    goal of moving people towards independence.
    8
    On motion by Ms. Szakos, seconded by Mr. Norris, the motion passed. (Ayes:
    Mr. Norris, Ms. Galvin, Ms. Szakos, Ms. Smith, Mr. Huja; Noes: None.)
    MATTERS BY THE PUBLIC
    Ms. Joy Johnson, 802 A Hardy Dr., said she wants the City research rental units
    for people who are making under $20,000 a year when contemplating the City’s
    Comprehensive Plan. We should be pouring in more money to help MACAA, who have
    been advocates for the poor for years. Moving people out of poverty takes education,
    jobs, and opportunities.
    Mr. Jim Nix, 2402 Kerry Ln., said Ms. Iachetta must be exhausted, because today
    was the final day of voter registration. Ms. Iachetta has worked very hard with an
    extremely competent, well-trained staff, and she has done an exceptional job with
    enormous patience.
    OTHER BUSINESS
    Mr. Norris asked about providing free transit service on Election Day. Mr. Jones
    said he will look into this.
    Mr. Norris said he wants to be sure staff will follow up on the report we received
    from the North Downtown residents regarding the Downtown Mall. Mr. Jones said it
    will be on an upcoming agenda.
    Ms. Galvin said we need a discussion about economic development and moving
    people out of poverty. We also need to be very conscious about when the City is
    investing in any public program.
    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 Friday, October 26, 2012, AT 12:00 p.m. AT THE CATEC Auditorium, 1000 Rio Road
    East.
    THE PROPOSED AGENDA IS AS FOLLOWS:
    12:00 p.m. School Board Luncheon
    12:45 p.m. Closed session as provided by Section 2.2-3712 of the Virginia Code
    BY ORDER OF THE MAYOR BY Paige Barfield, Clerk of Council
    CATEC Auditorium – October 26, 2012
    Council met Council met in special session on this date with the following members
    present: Mr. Norris, Mr. Huja, Ms. Szakos, Ms. Smith, Ms. Galvin.
    Members of the Charlottesville City School Board were also present.
    Ms. Carole Nelson presented on the Charlottesville City Schools Reconfiguration
    Phasing Plan, covering a time span between now and 2022.
    Council and School Board members discussed the phasing plan, reconfiguration, and
    budget issues. Council and School Board agreed that it was important to work on the
    reconfiguration plan and cease discussion on reconfiguration itself, as that issue has already been
    decided as part of an involved public process.
    Council’s special session with the School Board was adjourned.
    On motion by Ms. Szakos, seconded by Ms. Smith, Council voted, (Ayes: Mr.
    Huja, Ms. Szakos, Mr. Norris, Ms. Smith, Ms. Galvin; Noes: None), to meet in closed session for
    session for consultation with legal counsel and briefings by staff members pertaining to actual
    litigation between the City and the developer of the Stonefield project, where such consultation
    in an open meeting would adversely affect the negotiating posture of the City, as authorized by
    Virginia Code sec. 2.2-3711 (A) (7).
    On motion by Ms. Szakos, seconded by Ms. Smith, Council certified by the
    following vote (Ayes: Mr. Huja, Ms. Szakos, Mr. Norris, Ms. Smith; Noes: None; Absent for
    vote: Ms. Galvin), 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 closed session 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 5, 2012, 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 5, 2012
    Council met in special session on this date with the following members present:
    Mr. Norris, Mr. Huja, Ms. Szakos, Ms. Smith, Ms. Galvin.
    On motion by Ms. Smith, seconded by Mr. Norris, Council voted, (Ayes: Mr.
    Huja, Ms. Szakos, Ms. Smith, Mr. Norris, Ms. Galvin; Noes: None), to meet in closed
    session consultation with legal counsel for (1) Consultation with legal counsel and
    briefings by staff members pertaining to actual litigation between the City and the
    developer of the Stonefield project, where such consultation in an open meeting would
    adversely affect the negotiating posture of the City, as authorized by Virginia Code sec.
    2.2-3711 (A) (7); (2) Discussion and consideration of prospective candidates for
    appointment to City boards and commissions, as authorized by Va. Code sec. 2.2-
    3711(A) (1); and, (3) Discussion of the disposition of City-owned real property located
    on 10 ½ Street, N.W., where discussion in an open meeting would adversely affect the
    bargaining position of the City, as authorized by Va. Code sec. 2.2-3711 (A) (3).
    On motion by Ms. Smith, seconded by Ms. Szakos, Council certified by the
    following vote (Ayes: Mr. Huja, Mr. Norris, Ms. Szakos, Ms. Smith, Ms. Galvin; 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 5, 2012
    Council met in regular session on this date with the following members present:
    Ms. Galvin, Mr. Huja, Ms. Smith, Mr. Norris and Ms. Szakos.
    ANNOUNCEMENTS
    Ms. Galvin acknowledged the 2012 Tech Tour, which took place on October 18.
    Hosted by the Charlottesville Business Innovation Council, this day-long technology tour
    2
    was aimed at exposing students to the challenging and diverse career possibilities offered
    by our regional technology community. Council thanked them for a job well done.
    Ms. Szakos read a proclamation in honor of Nurse Practitioner Week. Ms. Becky
    Compton was present to accept the proclamation.
    Ms. Smith recognized First Tee participants for their achievements as part of the
    CHS Golf Team. She also recognized Philip Hoffman and Thaddeus Probst for their
    individual achievements as part of the First Tee program.
    Mr. Huja announced the Celebrate 250! Gala on Sunday, November 11. Go to the
    John Paul Jones arena or visit ticketmaster.com to purchase tickets. Ms. Smith also
    announced the civic event on Monday, November 12 at the Pavilion on the Downtown
    Mall.
    MATTERS BY THE PUBLIC
    Mr. Paul Long, 1410 Grady Ave., said it is counterproductive to cut services for
    public transportation. We need to find additional funding to increase services. The
    TRAC group is holding a rally on November 10 at 2:00 pm in front of the transit station.
    Mr. George Benford invited everyone to come to the Gala event on November 11.
    It will be more than just a concert; please come and take part in the celebration. He
    thanked Council for their support during this year.
    Mr. John Pfaltz, 1503 Rugby Rd., said CHART is the citizen’s representation on
    the MPO regarding transportation. They will discuss transit issues this Wednesday at
    7pm at the TJPDC Conference Room. He said Mr. Jason Vandever has taken his post
    before Judge Hogshire has ruled that a special election is not necessary. He said Council
    has supported spending money on relocating the City Market, but not on an election.
    Mr. Brandon Collins, 536 Meade Ave., said quarterly reports have gone out from
    the City Schools. He said low income neighborhoods are being shut out from transit
    benefits. He said minimum wage increase should be added to our legislative agenda.
    Mr. Craig Jackson, 631 Blenheim Ave., President of the Belmont-Carlton
    Neighborhood Association, said the BCNA supports walkable neighborhoods. However,
    he said school district concerns over the academic performance of Clark students resulted
    in a study of the configuration of the boundary, which needs to be examined.
    Ms. Nancy Carpenter, 727 Denali Way, said we need to provide a pillow for
    every head. She asked Council to redouble efforts supporting low income housing
    initiatives.
    3
    COUNCIL RESPONSE
    Mr. Norris said he appreciated comments from speakers about improving public
    transit. He agreed that this is not the time to scale back, that we should instead examine
    ways to expand. He said he stands behind his decision that paying for a special election
    for the Treasurer is not a good use of taxpayer dollars. He is interested in looking at
    including a minimum wage increase on our legislative agenda. He said the Moore Center
    is a well-run operation and a good option for the homeless. Also, PACEM will take folks
    who are brought in by the police after hours.
    Ms. Szakos said the transit study should be examining options for expansion and
    not reduction, and she has had that conversation with the consultants. Council was clear
    that they wanted to see what it would look like if plans were expanded. Asking
    legislature for a transit authority for the region is a key part of this.
    Ms. Galvin thanked Mr. Norris for his comments about housing options and
    thanked Ms. Carpenter for her remarks. She said Mr. Jackson raised some good points
    about how places should be made and schools should be focal points of neighborhoods.
    This is under the jurisdiction of the School Board, but with the Comprehensive Plan
    process taking shape, these issues will be addressed.
    Ms. Smith asked for the Safe Routes to School consent item to be placed on the
    regular agenda.
    Mr. Huja said he expects a more comprehensive, creative approach to transit from
    the consultants. It should cover the entire City, not just a portion of it.
    On motion by Mr. Norris, seconded by Ms. Smith, appointments were made to the
    following Boards and Commissions: to the Citizen’s Advisory Panel: Joseph Kopp,
    Maggie Payne, Wynter Warren; to the Dialogue on Race: Julie Curry; to the JAUNT
    Board: Phillip Jones; to the Parks and Recreation Advisory Committee: Byron Brown; to
    the Youth Council: Megan Bird, Monique Brown, Ramsey Byrne, Darian Carter-Pace,
    John Daniels, Inigo Drake, Zachary Greenhoe, Mary Hemenway, Raja-Nique Maupin,
    Anna Perry, Richard Potter, Sophie Pugh-Sellers, Elizabeth Stafford, Sydney Taylor,
    Brianna Wilson, and Letia Wilson. (Ayes: Ms. Galvin, Ms. Smith, Ms. Szakos, Mr. Huja,
    Mr. Norris; Noes: None.)
    Ms. Szakos said she was impressed with the Youth applications and is looking
    forward to working with them.
    4
    CONSENT AGENDA
    Ms. Smith said she supports the Medicaid Expansion, but with the recognition
    that it will necessitate more staff for the Department of Social Services, and we will
    support what we need to do locally to make this happen.
    Mr. Norris said we were contacted with folks asking to add a member of the
    Farmers Market Coalition to the Market District Steering Committee. Council agreed to
    the amended resolution.
    On motion by Ms. Szakos, seconded by Ms. Smith, the following consent agenda
    items were approved, as amended by Mr. Norris: (Ayes: Mr. Huja, Ms. Szakos, Mr.
    Norris, Ms. Galvin, Ms. Smith; Noes: None.)
    a. Minutes for October 15, October 26
    b. APPROPRIATION: State Criminal Alien Assistance Program (SCAAP) Grant
    for 2012-H4398-VA-AP for $15,314 (carried)
    c. APPROPRIATION: Reimbursement from Piedmont Council of the Arts for
    Celebrate 250! - $3,110 (carried)
    d. RESOLUTION: Market District Steering Committee
    e. RESOLUTION: Support for Brownfields Grant Application
    f. ORDINANCE: Conveyance of a Portion of Former Preston Avenue RightOf-Way
    to Region Ten (2nd reading)
    g. RESOLUTION: Support for Medicaid Expansion
    h. RESOLUTION: Clark “Safe Routes to Schools” Travel Plan
    REPORT: LEGISLATIVE PACKET – THOMAS JEFFERSON PLANNING
    DISTRICT COMMISSION
    Mr. David Blount presented to Council. The program’s priority areas are State
    Mandates and Funding Obligations; Transportation Funding and Devolution; Public
    Education Funding; Chesapeake Bay TMDL; Land Use and Growth Management; and
    the Comprehensive Services Act.
    On motion by Ms. Smith, seconded by Ms. Galvin, Council voted to adopt the
    legislative packet. (Ayes: Ms. Galvin, Ms. Smith, Ms. Szakos, Mr. Huja, Mr. Norris;
    Noes: None.)
    REPORT: CITY LEGISLATIVE PACKET
    Mr. Harris presented to Council on the City legislative program. There are six
    specific requests and ten policy positions in the 2012 Legislative Program:
    5
    1. Sponsor or support legislation that would allow localities to consolidate multiple
    voting precincts into vote centers during primary elections. [Requested by the City
    Registrar]
    2. Sponsor or support legislation that would allow localities to give developers the option
    of installing new sidewalks or contributing funds equivalent to the cost thereof in
    connection with new residential construction. [Requested by the City Council]
    3. Seek a correction to legislation that allows Charlottesville to require contributions to its
    Affordable Housing Fund. [Requested by Neighborhood Development Services]
    4. Request enhanced predatory lending legislation. [Requested by the City Council]
    5. A request for the General Assembly to pass legislation to remove felony drug
    distribution conviction as a barrier to receiving food stamps. [Requested by the
    Department of Community Attention]
    6. Seek legislation allowing localities to create a funding stream for the CharlottesvilleAlbemarle
    Regional Transportation Authority. [Requested by the City Council]
    Ms. Szakos requested that item two specify monies collected go into a sidewalk
    fund.
    Mr. Harris reviewed ten policy positions for the 2012 Legislative Program.
    Ms. Szakos clarified with Ms. Iachetta that this would give us the option to
    implement central voting locations, but it would not force us to do it. Ms. Iachetta
    confirmed that was the case.
    Ms. Galvin said she supports decoupling fines and debts incurred by people in
    prison and constraints on obtaining a driver’s license. It prevents people from earning a
    living because they cannot drive. Mr. Harris said Del. Toscano’s office responded to an
    inquiry about program opportunities. Ms. Galvin said we need to work out details on this
    regional issue.
    Ms. Szakos asked Council if they supported adding language to support an
    increase in minimum wage. Mr. Norris said we should index it to the cost of living, at a
    minimum. Mr. Harris said he will add our support to existing legislation, or add this as a
    new item if none exists.
    Mr. Norris said we took a stand on anti-immigration legislation. Council agreed.
    Ms. Galvin asked what the next steps are. Mr. Harris said he and Mr. Blount will
    collaborate with local legislators to go over the programs and see what might be
    sponsored. Mr. Harris said he would keep Council updated.
    6
    On motion by Mr. Norris, seconded by Ms. Szakos, the program passed. (Ayes:
    Ms. Galvin, Ms. Smith, Ms. Szakos, Mr. Huja, Mr. Norris; Noes: None.)
    REPORT: VISITOR’S BUREAU (CACVB) MARKETING UPDATE
    Mr. Kurt Burkhart, Director of CACVB, Ms. Susan Payne, and a group from
    Payne, Ross and Associates presented to Council. Ms. Payne reviewed their work on the
    marketing initiative to date. The group revealed their new marketing logo and shared
    sample print ad images.
    Ms. Smith said this is a great package, but there is not a lot of diversity. Ms.
    Szakos said she agreed, especially as this was an issue the last time Payne, Ross and
    Associates presented to Council. Payne’s associates said this is a taste of what is to
    come, and they are working on highlighting the diversity of the area. They are in their
    first days of filming. Ms. Payne said the only final product is the logo. Ms. Galvin said
    she liked the logo very much.
    REPORT: COMMUNITY TRIP TO AUSTIN, TX
    Mr. Jones presented to Council. A group of community leaders have approached
    area leaders about sending a delegation to Austin, Texas to learn more about their
    successful elements. The cost per person is about $1550, which includes airfare. Council
    is being asked to consider sending three representatives on this trip, which is what
    Albemarle County voted to do.
    Mr. George Benford addressed Council and gave more information on the
    organization and planning for the trip. He outlined the similarities and differences
    between Austin and Charlottesville.
    Mr. Huja said he has participated in a few of these trips over the years, and they
    are great learning exchanges. Ms. Galvin recommended additions to the itinerary, with a
    particular focus on urban development and placemaking. Mr. Norris asked Mr. Jones
    where the funds would come from. Mr. Jones said we could use sources such as one-time
    money or our corporate training budget. Ms. Smith said she was concerned about the
    size difference between Austin and Charlottesville. Mr. Benford said the innovation in
    music and integration between education and the city are areas where we can learn. Ms.
    Galvin said she wants to be sure this will not preclude us from visiting cities in Virginia
    as well. Ms. Szakos said she is delighted that we are exploring other cities.
    Mr. Jones recommended sending two City Councilors and one member of staff.
    On motion by Ms. Galvin, seconded by Ms. Smith, Council voted to support the
    trip to Austin. (Ayes: Ms. Galvin, Ms. Smith, Ms. Szakos, Mr. Huja, Mr. Norris; Noes:
    None.)
    7
    REPORT: SAFE ROUTES TO SCHOOL TRAVEL PLAN FOR CLARK
    ELEMENTARY
    Ms. Smith said this is a neighborhood school that does not encompass the
    neighborhood. We need to look more holistically at how this program integrates into our
    Comprehensive Plan and our vision for a healthy community.
    Ms. Szakos said we should ask the School Board to consider this in their
    discussion of boundaries, particularly in light of the Safe Routes to Schools initiative.
    Ms. Smith said this is about engaging not just the children, but also the parents,
    and allowing them access to their neighborhood schools.
    Ms. Galvin said Hampden-Sydney College does a joint Comprehensive Plan
    update with the Planning Commission, School Board, and City Council. Perhaps this
    could be a future Worksession idea. There is not much we can do at the moment, but we
    should think of this in terms of the bigger community.
    On motion by Ms. Szakos, seconded by Ms. Smith, the resolution passed. (Ayes:
    Ms. Galvin, Ms. Smith, Ms. Szakos, Mr. Huja, Mr. Norris; Noes: None.)
    Ms. Szakos asked staff to come up with a possible way forward for sharing
    knowledge with City Schools as part of the planning process.
    Ms. Smith asked if the school districts could be added as a feature to the City’s
    GIS map.
    MATTERS BY THE PUBLIC
    Mr. Peter Kleeman, 407 Hedge St., said we should think about integrating
    community use for our City school buildings.
    Mr. Brandon Collins, 536 Meade Ave., said he was pleased to see that three items
    he supports made it onto the City’s legislative agenda. It is not good for the
    Commonwealth to rely on military spending. He said increasing real estate tax would be
    a better way to raise additional funds than increasing the meals tax.
    Ms. Holly Edwards, 917 6th Street S.E., and services coordinator for PHAR, said
    Austin is 67.8% white, 10.7% African American. This causes concern about the choice
    of location, and she asked Council to continue spending time in the Charlottesville
    neighborhoods, learning more about the issues that affect people on a daily basis.
    Mr. Scott Bandy, 1639 Cherry Ave., said Council should have considered adding
    a mandate to the ballot that would change Council elections to a ward system.
    8
    Ms. Nancy Carpenter, 727 Denali Way, thanked Mr. Norris for his information on
    options for the unsheltered. She said she had a great experience volunteering with the
    Virginia Film Festival.
    Ms. Bryan April, 146 Baylor Ln., said Council should look at cities that are
    different from us.
    COUNCIL RESPONSE
    Mr. Norris said CAT is free of charge during Election Day.
    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 19, 2012, 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 19, 2012
    Council met in special session on this date with the following members present:
    Mr. Norris, Mr. Huja, Ms. Szakos, Ms. Smith, Ms. Galvin.
    On motion by Ms. Smith, seconded by Ms. Szakos, Council voted, (Ayes: Mr.
    Huja, Ms. Szakos, Ms. Smith, Mr. Norris, Ms. Galvin; Noes: None), to meet in closed
    session consultation with legal counsel for (1) Consultation with legal counsel and
    briefings by staff members pertaining to actual litigation between the City and the
    developer of the Stonefield project, where such consultation in an open meeting would
    adversely affect the negotiating posture of the City, as authorized by Virginia Code sec.
    2.2-3711 (A) (7); (2) Consultation with legal counsel regarding the negotiation of the
    terms and condition of a cost sharing agreement with the Albemarle County Service
    Authority for a new sanitary sewer interceptor and pump station at the wastewater
    treatment plant site, as authorized by Virginia Code sec. 2.2-3711 (A) (7); and, (3)
    Discussion of the acquisition of real property located on Kenwood Lane; on Avon Court
    and Hartman Mill Road; and on Old Monticello Road south of Interstate 64, all for public
    park purposes, where discussion in an open meeting would adversely affect the
    bargaining position of the City, as authorized by Va. Code sec. 2.2-3711 (A) (3); and,
    (4) Discussion and consideration of prospective candidates for appointment to City
    boards and commissions, as authorized by Va. Code sec. 2.2-3711 (A) (1).
    On motion by Ms. Smith, seconded by Ms. Szakos, Council certified by the
    following vote (Ayes: Mr. Huja, Mr. Norris, Ms. Szakos, Ms. Smith, Ms. Galvin; 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 19, 2012
    Council met in regular session on this date with the following members present:
    Mr. Huja, Ms. Szakos, Ms. Galvin, Ms. Smith, and Mr. Norris.
    2
    ANNOUNCEMENTS
    Ms. Galvin announced the City of Charlottesville Gas Division was recently
    presented with two national awards for their marketing efforts. Ms. Irene Peterson was
    present to accept the awards on behalf of Charlottesville Gas.
    Ms. Szakos read a proclamation in honor of the arts. Mr. George Miller,
    President of the Board for Piedmont Council on the Arts (PCA), and Ms. Sarah Lawson,
    PCA’s Executive Director, were present to accept the proclamation.
    Mr. Norris recognized the Charlottesville Police Department for receiving their
    Re-Accreditation Certificate for the third year. Mr. Gary Dillon, Program Director, and
    Sheriff Brian Roberts of Brunswick County, Vice-Chair of the Virginia Law Enforcement
    Professional Standards Commission, presented the certificate to Chief Longo.
    Ms. Smith announced the Grace Tinsley Scholarship Bash at the Elk’s Club
    Lodge, Darden Towe Park on Saturday, January 26.
    Mr. Huja announced the Neighborhood Leadership Institute application deadline
    is December 29. Go to www.charlottesville.org, or call Ebony Walden at 970-3182 for
    more information.
    MATTERS BY THE PUBLIC
    Ms. Christine Kastan and her colleague from the Virginia Cooperative Extension
    described their programs and the work they have been doing.
    Mr. John Hayden, Westwood Rd., said he does not think a mall coordinator is
    necessary, especially at the cost of $80,000. He said he is tired of helping those who will
    not help themselves. He asked Council to return the budget surplus to the tax payers or
    increase officer pay.
    Ms. Nancy Carpenter, 727 Denali Way, said there is continued gentrification of
    the Downtown Mall. People are more concerned with the transformation of space than
    the transformation of lives. We should not call people names. Affordable and safe
    housing is fundamental to communities, and the City and the County need to work
    together to provide low income housing for our citizens.
    Ms. Lynn Wilder, Albemarle county resident, homeless community activist, said
    people like Mr. Hayden make disparaging comments about the homeless, and they do not
    understand their situation. Banning vulgarity is a free speech issue. There are not
    adequate resources for people who are mentally troubled.
    3
    Mr. Jeffrey Fogel, 215 Spruce St., said he frequently walks the Downtown Mall
    and does not observe rude, disruptive behavior. The ordinance prohibiting solicitation is
    only enforced with a certain group of people. He said everyone should be involved in the
    conversation.
    Mr. George Benford, 608 Rainier Rd., invited everyone to the Holiday Parade on
    Saturday, December 1, which will start at 10:00 a.m. at the Pavilion and run the length of
    the Mall. He thanked Council for their support for the 250 Gala events last weekend.
    Ms. Bailey Hampton, 505 Elliot Ave., spoke against the proposed Downtown
    Mall enhancements.
    Ms. Donna Desabo spoke against the proposed Downtown Mall enhancements.
    Ms. Nina Francis Burke, 817 Henry Ave., said she opposes the mall enhancement
    proposals and views them as a violation of human rights.
    Ms. Coleen Seizeuan, 713 Hinton Ave., spoke against the proposed Downtown
    Mall enhancements.
    Ms. Natasha Turner, 112 West Market St., said she is homeless. She said people
    are only heard when they talk loudly.
    COUNCIL RESPONSE
    Ms. Smith thanked the Virginia Cooperative Extension for speaking to Council
    and educating them about what they do.
    Ms. Galvin thanked those who expressed themselves in a civil and professional
    manner. She said she agreed with Mr. Hayden’s comment that police officers should be
    able to afford to live in the City.
    Ms. Smith thanked Mr. Benford for all he has done for the City’s 250th
    Anniversary.
    CONSENT AGENDA
    On motion by Ms. Szakos, seconded by Ms. Smith, the following consent agenda
    items were approved: (Ayes: Mr. Huja, Ms. Szakos, Mr. Norris, Ms. Galvin, Ms. Smith;
    Noes: None.)
    a. Minutes for November 5
    b. APPROPRIATION: State Criminal Alien Assistance Program (SCAAP) Grant for
    2012-H4398-VA-AP for $15,314 (2nd reading)
    4
    c. APPROPRIATION: Reimbursement from Piedmont Council of the Arts for
    Celebrate 250! - $3,110 (2nd reading)
    d. APPROPRIATION: 2012 Edward Byrne Memorial Justice Assistance Grant (JAG)
    - $28,386 (carried)
    e. APPROPRIATION: Federal Realty Sponsorship Agreement – Police Patrols at
    Barracks Road Shopping Center - $30,000 (carried)
    f. APPROPRIATION: Charlottesville Area Transit Project – Landscape Performance
    Bond Release - $13,621.86 (carried)
    g. APPROPRIATION: Appropriation of FY 2013 Transit Grants $30,153 (CIP),
    $219,728 (Operating grants), and $513,713 (JAUNT) (carried)
    h. APPROPRIATION: Emergency Shelter Program Grant - $212,444 (carried)
    i. APPROPRIATION: 2013 Department of Motor Vehicles Virginia Highway Safety
    Grant - $18,975 (carried)
    j. APPROPRIATION: Reimbursement to City for COMCAST Celebrate 250!
    Donation - $5,000 (carried)
    k. RESOLUTION: Revenue Sharing Program Application for Bridge
    Rehabilitation - $500,000
    l. RESOLUTION: Addition of BAR Member to PLACE Committee
    PUBLIC HEARING / APPRORPRIATION: FY2012 YEAR-END
    APPROPRIATION (carried)
    Mr. Wray reviewed the year-end adjustment results to Council.
    On motion by Mr. Huja, the public hearing was opened.
    Ms. Colette Hall, 101 Robertson Ln., said the Council is voting great sums of
    money on the consent agenda. Pay off bonds, give the money back to tax payers, or put it
    in the CIP budget. Tax payers will not accept a raise in real estate taxes with surpluses.
    Having no further speakers, the public hearing was closed.
    Mr. Norris said it ends up being cost-prohibitive to return money to taxpayers.
    Ms. Galvin said there is an on-going surplus averaging about $4.5 million a year,
    and Council needs to begin to understand why that is.
    In response to an inquiry from Ms. Szakos, Mr. Wray said staff does not advise
    Council to appropriate surplus money for ongoing operations.
    Ms. Szakos said she would like to see the Dialogue on Race category to be more
    broadly described as “Race Initiatives”. Mr. Huja and Ms. Galvin agreed.
    5
    Ms. Smith asked the City Attorney to be sure our policies and ordinances are
    gender-neutral the next time they conduct a code clean-up. She said it is possible to
    return surpluses to the population through utilities.
    Ms. Galvin asked for further clarification on how surplus monies could be
    appropriated. Mr. Jones said if there is something that is operating on an on-going basis,
    surplus monies may not be appropriated. Ms. Szakos said we may want to discuss adding
    to the Council priority fund for the following year.
    Ms. Smith moved the ordinance. Ms. Szakos offered a second with an
    amendment adding $50,000 to the Council Priorities fund from the year-end
    appropriation for work force initiatives. Ms. Smith accepted the amendment, and the
    motion carried.
    PUBLIC HEARING / ORDINANCE: ABANDONMENT OF GAS EASEMENT
    NEAR DUNLORA SUBDIVISION (carried)
    Mr. Brown presented to Council. In 1990 the City was granted a permanent
    easement for the installation of natural gas lines on Charter Oaks Drive in the Dunlora
    Subdivision in Albemarle County on East Rio Road. The easement crosses property
    owned by Rock Creek Properties LLC, and they have asked the City to abandon that
    portion of the easement because it was never used for the installation of natural gas lines.
    The Gas Division has no objection to the abandonment of the easement. A new easement
    will be obtained to serve the new subdivision, Dunlora Forest, with natural gas.
    On motion by Mr. Huja, the public hearing was opened.
    Having no speakers, the public hearing was closed.
    On motion by Mr. Norris, seconded by Ms. Smith, the ordinance carried.
    PUBLIC HEARING / ORDINANCE: IVY CREEK NATURAL AREA TENANT
    HOUSE LEASE AGREEMENT (carried)
    Mr. Daly presented to Council.
    Ms. Smith asked if there is anything that addresses what the caretakers are
    expected to do. Mr. Daly said that is not currently written into the agreement.
    On motion by Mr. Huja, the public hearing was opened.
    Having no speakers, the public hearing was closed.
    On motion by Mr. Norris, seconded by Ms. Szakos, the ordinance carried.
    6
    REPORT: DOWNTOWN MALL UPDATE
    Mr. Jones presented to Council on the measures the City has taken to address
    some of the behavior issues that have been experienced on the Downtown Mall. The
    North Downtown Resident’s Association (NRDA) presented the City with a report. The
    staff recommendations are meant to serve as a response to the NDRA’s report. Staff is
    examining the human services side of the problem and enforcement issues.
    Mr. Jones discussed the Street Outreach Coordinator, which staff has researched.
    Staff proposed that the City fund a pilot Street Outreach Coordinator position to work
    with Social Services, Region Ten and other groups to help those who are struggling with
    unmet needs. One-time funding would be $50,000-$60,000, and staff will evaluate the
    position one year from now to see if it has had its intended effect.
    There are two ordinance changes staff believes would curb some of the anti-social
    behavior exhibited downtown. One is to prohibit directly lying down or sitting on the
    Mall within ten feet of a building. The other proposed ordinance change would include a
    prohibition on sleeping on the Mall. These proposals have been made keeping individual
    rights in mind.
    Mobile kiosks for police and ambassadors and a pilot interdiction program are
    among staff’s recommendations. Cameras are also an option that may be explored if
    Council desires, but staff does not recommend it.
    Mr. Jim Neale, 100 West High St., Chairman of the NDRA Committee who
    authored the report on the Downtown Mall, clarified for Council at Mr. Norris’ request
    that the report has not been released to the public.
    Ms. Szakos said she does not think the report is truly reflective of what is
    happening on the downtown mall.
    Mr. Huja said the report should be made public before Council makes a decision.
    Ms. Galvin thanked the NDRA for their report, and she said it was a truly
    collaborative approach. The problem on the downtown mall is not a homeless problem.
    The street outreach coordinator, law enforcement, and behavioral conditions are
    important pieces in addressing the issues. She said with ambassadors and sharpening our
    ordinances, she does not see the need for cameras. Mall upkeep should be a priority, and
    we should focus on maintenance.
    Ms. Szakos said the Ambassadors would not be adjunct members of the police
    department. Mr. Jones clarified that the ambassadors would be trained by Parks and
    Recreation and the Visitor’s Bureau. She said she has a problem with the ordinance
    against sitting on the downtown mall, but she said the ban on lying down may be a good
    idea. She asked staff to focus on affordable housing and not prohibiting behavior.
    7
    Mr. Huja said he does not support a Street Outreach Coordinator position, but he
    does support the two recommended ordinances. He said we should offer additional
    seating, although there should not be sleeping. We need to maintain the Mall in good
    condition and be sure repairs are consistent with the overall look. He also said he
    supports kiosks.
    Ms. Smith said she likes the idea of an outreach coordinator, overseen by the
    Department of Social Services. More importantly, we need a comprehensive referral
    network. She said she likes the Ambassadors, as the Mall is a magnet for visitors of all
    backgrounds, and it is important for people to feel welcome. She would like to see an
    ordinance that you cannot throw your cigarette butts on the mall. She supported the
    kiosks.
    Mr. Norris said Mr. Jones’ memo to Council did not fully portray the breadth of
    the problem. He found it alarming that the survey showed people feel unsafe coming
    downtown because of harassment and other poor behaviors. The focus has to be on
    behaviors, not on people or classes. Council has to balance public interests. Ordinances
    must be consistently enforced, or they should be thrown out. More proactive street
    outreach is a good idea, but this does not have to be a full-time staff position. This could
    be done through a grant in coordination with existing community services. The Haven is
    working to provide a comprehensive referral network. He said the proposed ordinances
    are overkill, and there are already ordinances in place preventing walkways from being
    obstructed. Mr. Norris asked Mr. Brown to research what the police department feels are
    inadequacies in the current ordinances that prevent them from enforcing charges
    regarding abusive behavior and speech. Mr. Brown said he will speak with Chief Longo
    to get a better perspective on this. Mr. Norris said there are people who panhandle on the
    downtown mall who are not homeless and asked if we could regulate commercial
    panhandling. He asked that police be sure to know the rules regarding solicitation. He
    said he supports the interdiction work that is underway. He asked staff to increase
    enforcement against littering, including cigarette butts. An ongoing dialogue group
    should include representatives from all communities and encourage constructive
    dialogue. Shopkeepers should be able to control the area immediately in front of their
    stores.
    Ms. Galvin said we should reintroduce seating around Central Place, because lack
    of it is killing that area as a public space. As we are seeing how the ambassador’s
    program unfolds, we should return that amenity. She said we could use street
    coordinators as a way to hire the reentry population.
    Mr. Huja said Council seems supportive of the proposed ordinance changes,
    increased seating on the Mall, and an outreach coordinator position funded by a grant.
    Mr. Jones said staff is researching benches and examining where to locate them.
    Staff will return to Council with draft ordinances for their consideration. Staff will do a
    Request for Proposal (RFP) for the grant, which agencies can apply for.
    8
    Mr. Huja asked the NDRA report to be publically posted on the City’s website.
    REPORT: RIVANNA SNAPSHOT AND WATERSHED ACTION PLAN
    Ms. Leslie Middleton, Executive Director of the Rivanna River Basin
    Commission (RRBC), presented a snapshot report of the status of the Rivanna River
    watershed. She provided general information on the Rivanna watershed; the status of the
    health of the watershed; land use related to healthy waters; and current actions and
    commitments.
    REPORT/RESOLUTION: SIDEWALK WAIVER REQUEST FOR 815 ROCKLAND
    AVENUE
    Mr. Tolbert presented to Council. Staff finds that the topographical layout of the
    lot and the possibility that constructing the sidewalk could create a burden on an adjacent
    property owner as sufficient grounds to waive the sidewalk requirement for this property.
    Staff recommended approval for the waiver.
    Ms. Szakos asked if there is an existing sidewalk across the street. Mr. Tolbert
    said there are no sidewalks nearby. Ms. Galvin clarified that we added sidewalk fund
    contributions to our legislative agenda. Ms. Szakos said she would not support approval
    of the waiver if it did not create drainage problems for the next door neighbors.
    On motion by Ms. Szakos, seconded by Mr. Norris, the waiver was approved
    unanimously. (Ayes: Mr. Norris, Ms. Szakos, Mr. Huja, Ms. Galvin, Ms. Smith; Noes:
    None.)
    REPORT/RESOLUTION: SIDEWALK WAIVER REQUEST FOR KING STREET
    Mr. Willy Thompson presented to Council. Installation of a sidewalk would
    require removal of a large maple tree. There is a continuous sidewalk on the south side
    of King St., and the completion of a continuous sidewalk network on the subject
    property’s side is unlikely. Also, there are a number of natural and manmade
    impediments, including the modification of a large drainage structure, which makes
    future completion of the sidewalk difficult. Staff recommended approval of the waiver.
    On motion by Mr. Norris, seconded by Ms. Szakos, the waiver was approved
    unanimously. (Ayes: Mr. Norris, Ms. Szakos, Mr. Huja, Ms. Galvin, Ms. Smith; Noes:
    None.)
    9
    REPORT: HOUSING ASSISTANCE PROGRAM (HAP) AS OPERATED THROUGH
    THE ALBEMARLE HOUSING IMPROVEMENT PROGRAM (AHIP)
    Ms. McHugh presented to Council. The HAP, funded through AHIP, provides
    funding for both emergency and homeowner repairs for low income people in both the
    City of Charlottesville and Albemarle County. The program is designed to keep people
    in their homes.
    Ms. Jennifer Jacobs, Executive Director at AHIP, presented a picture show to
    Council of the people and homes the HAP has provided assistance for. She thanked
    LEAP and City staff for their supportive partnerships.
    Ms. Szakos asked what other funding sources they have. Ms. Jacobs said they do
    fundraising for private dollars, and they also bring in a lot of volunteer effort, about
    $700,000 worth over the last few years.
    Ms. Szakos thanked Ms. Jacobs for AHIP’s life-saving work. Ms. Smith said by
    rehabilitating homes in our City, it preserves history and heritage within families.
    Keeping children in their homes is very important.
    Mr. Norris said housing and stability is a major factor in foster care, and Council
    looks forward to supporting AHIP.
    Ms. Galvin said tying the program’s success into other factors, such as academic
    achievement, will provide revitalization.
    Mr. Huja said he appreciates their partnership with LEAP.
    MATTERS BY THE PUBLIC
    Ms. Bailey Hampton, 505 Elliot Ave., said Council should keep their Vision
    Statement in mind when making decisions about the Downtown Mall. People who sleep
    on the mall have nowhere else to go.
    Mr. Jeff Fogel, 215 Spruce St., said Council should not have discussed this
    tonight armed with a report that no one else had access to. Council should give money to
    the homeless to administer their own report. The mall needs more seating, not less.
    Ms. Coleen Seizeuan, 713 Hinton Ave., said it is safer to sleep on the mall than in
    the woods. She also said social services should be more navigable.
    Ms. Lynn Wilder, Albemarle county resident, said Council does not understand
    what services are available to people who are on the street. There are very few services
    actually available. If people are not allowed to sleep on the Mall, there is nowhere else
    for them to go.
    10
    Mr. Peter Kleeman, 407 Hedge St., said he was disappointed that Council
    approved sidewalk waivers tonight. There are sidewalks being constructed south of
    Blenheim Rd. on Avon St., and the City should follow the same guidelines they put upon
    developers when sidewalks are installed, particularly adding street trees when sidewalks
    are installed.
    Ms. Nancy Carpenter, 727 Denali Way, said not everyone can handle PACEM
    and the high activity level you experience when you go there for a night. Safe, affordable
    housing is important.
    Mr. James Quinn, City resident, said a discussion on the report that was not made
    public was a mistake, and it should be made public as soon as possible. He has some
    ideas about connecting clients with services, and he would like to meet with Councilors.
    COUNCIL RESPONSE
    Mr. Norris said he agrees that we need more affordable housing. He said staff has
    been meeting regarding potential modifications to our manual on sidewalks and greenery.
    He asked Mr. Jones to follow up with Ms. Poncy. Mr. Huja seconded Mr. Norris’s
    request.
    Ms. Galvin said the PLACE Design Task Force has formed subcommittees
    looking at West Main Street, community engagement, the strategic investment area,
    which will include Avon Street, and creating a green infrastructure plan for the City.
    They will present to Council within the next three to six months.
    Ms. Szakos agreed with Ms. Wilder that services are not as accessible as they
    should be. She said everyone should contact the governor to make sure Medicaid is
    expanded. Also mental health parity is another issue. Contact Congress about tax equity
    to make sure the Federal budget does not get balanced on the backs of the poor.
    Ms. Smith said she would like a report on what social services are currently
    available.
    Ms. Galvin said the Director of Economic Development will give a presentation
    on December 3, to include a brief overview of how to empower people and move them
    out of poverty.
    The meeting was adjourned.
    _______________________________________
    Clerk of Council
  • Charlottesville City Council Meeting

    COUNCIL CHAMBERS – December 3, 2012
    Council met in regular session on this date with the following members present:
    Mr. Huja, Ms. Szakos, Ms. Galvin, Ms. Smith, and Mr. Norris.
    ANNOUNCEMENTS
    Mr. Tolbert announced Charlottesville’s publication in Walk Friendly
    Communities. Charlottesville was awarded the silver level for walkability and was one of
    three Virginia communities recognized.
    Mr. Huja announced the time capsule burial on Sunday, December 23 at 2:00 p.m.
    in Lee Park. He also announced Holiday Market hours from 8:00 a.m. – 1:00 p.m. on
    Saturdays through December 22.
    Ms. Szakos announced the ribbon cutting for the Jefferson School City Center on
    Tuesday, December 11 at 10:00 a.m.
    Mr. Norris said there is a young person, Deshad Sage Smith, missing since
    November 20. He asked for folks with information to call 977-4000, or go to the “Find
    Deshad “Sage” Smith” page on Facebook.
    Mr. Norris announced the Fresh Start Program, a new initiative the JMRL
    launched. The program runs December 22 through January 6 and offers fine forgiveness
    for children who have had their account blocked.
    On motion by Mr. Norris, seconded by Ms. Smith, Mr. Gregory Edwards and Mr.
    William Kehoe were appointed to the Airport Commission, each for a three year term.
    (Ayes: Mr. Norris, Ms. Smith, Ms. Galvin, Ms. Szakos, Mr. Huja; Noes: None.)
    MATTERS BY THE PUBLIC
    Ms. Naomi Roberts, 1140 St. Clair Ave., said traffic at Michie Drive has not
    improved and asked for action. She said she is not against fees for storm runoff, but we
    build infrastructure and do not properly maintain it.
    Mr. Paul Long, 1410 Grady Ave., asked Council to engage in an open discussion
    about the City’s response to the homeless.
    Mr. Marco Brown, 112 E. Market St., said he has been homeless for about a year
    and a half. He spoke against the panhandling ordinance and said the City should treat
    those less fortunate equally.
    Ms. Amy Marshall, 1717 E. Market St., President of Charlottesville Pride,
    thanked Council for their support at the Pride Festival. A vigil for a missing young
    2
    person, Dashad Sage, was held recently. She said the case is not getting enough attention,
    and it creates a perception of discrimination. She said there should be better
    communication about what is being done for Sage. She invited Council to attend a rally
    to end hate crimes tomorrow at 2:00 p.m. at UVA. She asked Council to support the
    Human Rights Commission.
    Ms. Nancy Carpenter, 727 Denali Way, said people are fighting back on
    ordinances that go too far. Infringement on rights is a slippery slope. She said she agrees
    that the Michie Drive intersection is dangerous, and something needs to be done.
    Mr. Scott Bandy, 1639 Cherry Ave., said he wanted to thank Judge Hogshire for
    calling for a special election. He asked for support for a referendum on electing
    Councilors by wards.
    Mr. Jeff Fogel, 215 Spruce St., said he presented a proposal to Council seven
    months ago to eliminate jail sentences for simple possession of marijuana. He said there
    has been silence since then, and he asked Council to put the issue on an upcoming agenda
    and support his proposal.
    Mr. Jordan McNeish, 2560 Beasley Ln., asked Council to consider Mr. Fogel’s
    proposal. Jails do not rehabilitate drug users. Mr. Fogel’s proposal resolves every issue
    Council had with the matter of decriminalizing marijuana.
    Mr. Brandon Collins, 418 Fairway Ave., said PHAR is one of the most important
    organizations in Charlottesville, speaking for low income and public housing residents.
    The Charlottesville Redevelopment and Housing Authority (CRHA) has failed to meet
    the federal requirement of working with PHAR on public housing issues. He encouraged
    Councilors to watch video and read minutes from past CRHA meetings and get involved
    with the issues, especially the lack of staff accountability.
    Ms. Lennice Werth, Keswick, said she has had experience with a state-wide drug
    policy organization. States that have passed marijuana liberalization initiatives have seen
    reductions in suicides, automobile fatalities, and youth arrests. Jail time for possession is
    not effective.
    Ms. Deirdre Gilmore, 613 Hinton Ave., said CRHA needs new leadership. She
    said if Council can move as swiftly as they did when they removed benches from Central
    Place, then they should be able to make changes just as quickly with the CRHA. The city
    should hire the homeless for the ambassadors program.
    Ms. Shymora Cooper, 713 Epstick St., said the CRHA leadership and board
    membership needs to be revisited. Residents are tired of dealing with the same issues
    with no resolution.
    Mr. Kenneth Jackson, 317 Hotrock Rd., Rice, Virginia, said he does not believe
    the police department is not doing enough to find his cousin, Dashad Smith.
    3
    COUNCIL RESPONSE
    Ms. Szakos said she has been thinking about Dashad Sage and is concerned about
    his safety. Her thoughts and prayers are with his family and the community. She said our
    rights are guaranteed by the Constitution for a reason, and she will continue to defend
    them as often as she can. She said she was not inclined to decriminalize marijuana
    locally, because in order to get marijuana, you have to buy it from criminals. She said she
    believes it must be addressed on the state level in order to ensure it is safe, but she is
    willing to reconsider jail time for marijuana possession on a future agenda. She said
    hiring people who really need jobs for the ambassadors program on the Mall is exactly
    what she envisioned. She said she supports providing child care for City Council
    meetings.
    Mr. Norris said staff has tentatively allocated funding for a stoplight at Michie
    Drive. He said we should focus on behaviors and work to decrease poverty and refrain
    from criminalizing a segment of our community. He said he agreed with Mr. Fogel and
    believes we should support what we can at the local level. He thanked members of PHAR
    for coming forward and reminding us that everyone in our community should be treated
    with dignity and respect. We need to change the way things are going with our housing
    authority. He thanked members of Dashad Smith’s family for coming forward tonight.
    Ms. Smith said she looks forward to a better solution at Michie Drive. She
    thanked Mr. Brown for coming forward and said he is always friendly on the Mall. We
    should try harder to provide easy access to the resources our community has available.
    She said she agreed with Mr. Bandy that we need better geographic representation
    amongst our officials. She said she is interested in looking into the marijuana issue
    again. She thanked PHAR for coming to the meeting.
    Ms. Galvin thanked Ms. Roberts for her feedback, and said she is looking forward
    to a solution for Michie Drive. She said three Councilors were out of town at a
    conference and did not know about the vigil. She has a lot of faith that our police
    department is doing all they can to find Dashad. She said she is willing to look at the laws
    surrounding marijuana again, but she encouraged Council to create a campaign to educate
    young people about the dangers of smoking marijuana. She appreciated Mr. Fogel’s
    solution. She is going to tour public housing sites with Ms. Dunn to get a sense of what
    is going on with the system. She said she would like to get together with Ms. Gilmore to
    discuss the issues as well. Ms. Galvin said just because someone is a professional and
    sitting on Council does not mean they do not know anything about poverty. She did
    grow up in poverty, and she is constantly striving to improve the opportunities available
    in our community. It is a slippery slope to begin to equate the impoverished with
    negative behaviors.
    Mr. Huja said the Council has done a fair amount in the last few years for the
    homeless, and he is sure more can be done.
    4
    CONSENT AGENDA
    Ms. Smith requested that item m be removed from the consent agenda for further
    discussion.
    Mr. Huja clarified that he was not opposed to the Ambassador Program and asked
    for the minutes to reflect that.
    On motion by Ms. Szakos, seconded by Ms. Smith, the following consent agenda
    items were approved: (Ayes: Mr. Huja, Ms. Szakos, Mr. Norris, Ms. Galvin, Ms. Smith;
    Noes: None.)
    a. Minutes for November 19
    b. APPROPRIATION: FY2012 Year-End Appropriation (2
    nd reading)
    c. APPROPRIATION: 2012 Edward Byrne Memorial Justice Assistance Grant
    (JAG) - $28,386 (2
    nd reading)
    d. APPROPRIATION: Federal Realty Sponsorship Agreement – Police Patrols at
    Barracks Road Shopping Center - $30,000 (2
    nd reading)
    e. APPROPRIATION: Charlottesville Area Transit Project – Landscape
    Performance Bond Release - $13,621.86 (2
    nd reading)
    f. APPROPRIATION: Appropriation of FY 2013 Transit Grants $30,153 (CIP),
    $219,728 (Operating grants), $513,713 (JAUNT)
    (2
    nd reading)
    g. APPROPRIATION: Runaway Emergency Shelter Program Grant - $212,444
    (2
    nd reading)
    h. APPROPRIATION: 2013 Department of Motor Vehicles Virginia Highway
    Safety Grant - $18,975 (2
    nd reading)
    i. APPROPRIATION: Reimbursement to City for COMCAST Celebrate 250!
    Donation - $5,000 (2nd reading)
    j. APPROPRIATION: Albemarle County Reimbursement for the Gordon Avenue
    Library Masonry Project - $3,452.25 (carried)
    k. APPROPRIATION: Albemarle County Reimbursement for the Central Library
    Elevator Replacement Project $8,906 (carried)
    l. APPROPRIATION: Aid to Localities Fire Disbursement Fund - $116,218
    (carried)
    m. APPROPRIATION:
    RESOLUTION:
    Appropriation of Funds for the Human Services Planner -
    $63,766
    Resolution to Dissolve the Commission on Children and
    Families
    n. RESOLUTION: Dominion Power Easement Across Darden Towe Park
    o. ORDINANCE: Abandonment of Gas Easement near Dunlora Subdivision
    (2
    nd reading)
    p. ORDINANCE: Ivy Creek Natural Area Tenant House Lease Agreement
    (2nd reading)
    q. ORDINANCE: Zoning Text Amendment – Medical Labs (carried)
    5
    r. ORDINANCE: Zoning Text Amendment Request for BAR housekeeping
    code changes (carried)
    PUBLIC HEARING / REPORT: NOISE ORDINANCE UPDATE
    Mr. Tolbert presented to Council on the noise ordinance issue. He said there has
    probably not been enough time to truly gauge what the changes have meant. The total
    number of calls is down.
    Ms. Szakos clarified that this data was from August 15 – November 8.
    Mr. Tolbert clarified that the number of verified calls is down, but essentially the
    same of 2009-2010. “Verified” means the police came and verified that there was noise,
    but it may not have qualified as a violation. Staff suggested continuing observation
    throughout the year and then making an evaluation once more data was available.
    Chief Longo said there were actually 12 arrests and 33 warnings. This report is a
    work in progress, and we are putting our best foot forward by examining our practices
    and procedures and the way we are handing the calls.
    Ms. Szakos asked what “no UU” means, an acronym used on the list of violations.
    Chief Longo said that means there was no action taken. Right now we cannot capture
    certain information with the way the calls are coded.
    Ms. Smith clarified that we are dealing with a little over a month’s worth of data.
    She also said an arrest could be just a citation; it means they were charged with
    something.
    On motion by Mr. Huja, the public hearing was opened.
    Mr. Andrew Johnson, 29 University Circle, said he is the Vice President for the
    UVA Judiciary Committee, so he deals with any judiciary matters regarding the
    fraternities. A lot of what the fraternities do is proactive, not reactive. Noise is a tough
    issue because it cannot be easily handled. The fraternities revamped their trash
    enforcement policy, and it has been a success. Severity, underlying cause of the problem,
    and the best way to fix the underlying cause are three things they take into account when
    addressing an issue. In this case, it is a matter of neighborhood relations, which the
    fraternities have been working proactively to improve.
    Mr. Andrew Kohlberg, 41 West Lawn, Inter-Fraternity Council (IFC) President,
    thanked Council for allowing students to have a voice on this issue. Building community
    relations is an important piece of this issue. He reviewed changes the IFC has made to
    their party policies.
    6
    Mr. Norris asked Mr. Kohlberg what sort of reassurance the IFC can give the City
    that the changes put in place will enjoy continuity. Mr. Kohlberg said IFC policies are on
    the books, and there is continuity in leadership when the fourth years graduate because
    they have trained the third years to take over.
    Mr. Neil Branch, 117 Venable, said the University could not be what it is without
    the support of the City and the surrounding community. He thanked Council for
    including students in the conversation, and he said enacting a strict noise ordinance is a
    step backwards.
    Mr. Bo Swindell, 33 University Circle, said he is the president of his fraternity
    and sits on the IFC Executive Board. They have made a serious effort towards improving
    neighborhood relations, and he is confident in the transition to the upcoming class.
    Mr. Andrew Magee, 130 Madison Ln., president of his fraternity, said the threat
    of a strict noise ordinance makes potential leaders shy away from taking leadership
    positions because of the potential for liability. If we lose good leaders, things will get
    worse.
    Ms. Kathleen Lavelle, 123 Chancellor Rd., incoming president of the InterSorority
    Council (ISC), said they are striving to educate their women and making sure
    they know how to foster community relations. Continued conversations are key to
    resolving these problems.
    Mr. Miles Kirwin, 600 Preston Pl., president of his fraternity, said he has met with
    neighborhood groups and developed a memorandum of understanding (MOU). Since
    implementing the MOU, there have been no warnings or violations. Improved
    relationships with neighbors have led to many fruitful benefits. He asked Council to
    reconsider enacting the proposed noise ordinance.
    Mr. Rick Jones, 102 S. First St., member of the Fraternity Alumni Council and an
    alumni advisor, said he is pleased staff is not recommending changing the ordinance right
    now. Increasing the severity of the noise ordinance is a step in the wrong direction. He
    asked if there is a way to tell how many of the calls for service are from unique callers.
    Ms. Bailey Hampton, 505 Elliot Ave., said if Council changes the rules without
    discussion, they will stifle the creativity our City is known for.
    Mr. Sean Carr, 29 University Cir., said he is a UVA alumnus and is a member of
    a fraternity. He works now at the University. He said everyone Council has heard from
    today is doing excellent work. This is not a fraternity problem. Other homes along
    University Circle are at the core of the problem. This is a larger set of quality of life
    issues. Students are not entitled to bad behavior.
    A citizen who refused to give his name said students need to keep real issues in
    perspective.
    7
    Ms. Ladi Carr, 39 University Cir., said what happened in August started a
    conversation, which has been a great side effect. She said not enough time has been
    allowed to decide if the new procedures have been working. She asked Council what the
    acceptable number of calls for her neighborhood would be.
    Having no further speakers, the public hearing was closed.
    Mr. Huja clarified that no action will be taken tonight.
    Ms. Smith asked the police department for a profile of these calls. She asked if
    this is an isolated problem unique to the University, or if it is a problem in other parts of
    the City as well. She said if this is a bigger issue, it raises broader concerns. We should
    not tailor an ordinance to one segment of our community. Chief Longo said the procedure
    is being implemented City-wide.
    Ms. Szakos said these discussions between fraternities and neighbors should have
    started two years ago. There does not seem to be action unless there is a threat. A
    citation after one warning may take care of that, but we should keep a close eye on this
    issue. Chief Longo said the police also stepped up their game, and there has been a good
    response.
    Ms. Smith asked who gets cited when you get called to a residence. Chief Longo
    said they site whoever has control of the house, be it the lease holder, the president, or
    another person.
    Ms. Galvin said the mapping is great. Seeing the before and after was helpful and
    impressive, and being able to see where the incidences of arrests were taking place was
    important. We should focus on everyone, not just fraternities and sororities. We need
    some sort of a performance indicator to gauge whether things are going well. She asked
    if we could survey the residents. Mr. Jones said we are working to see that we reach the
    neighbors beyond the associations.
    Mr. Norris commended the IFC and the ISC for their actions and said they have
    risen to the challenge. Students can model behaviors, and those who are not members of
    a fraternity can learn from those who exhibit good behavior.
    Ms. Smith asked if officers can intervene when there is underage drinking. Chief
    Longo said the police cannot violate the constitution regarding entering private homes.
    8
    PUBLIC HEARING / RESOLUTION: THE PLAZA ON MAIN STREET SPECIAL
    USE PERMIT (SUP) FOR INCREASED DENSITY & HEIGHT
    Ms. Ebony Walden presented to Council.
    Mr. Norris asked the applicant to address the issue regarding activity on the street.
    By having a significant portion of the street front facility be for use of the club effect the
    way the building relates to the street.
    Ms. Valerie Long, 321 E. Main St., said 15,000 square feet will be dedicated to
    public space, retail or commercial space. The goal is to have the ground floor space be as
    lively and vibrant as possible.
    Ms. Smith said it is misleading to say there are 98 dwelling units when there may
    be up to four adults living in a unit. Ms. Long said the anticipated total number of
    residents is 495. Mr. Tolbert said the applicant has voluntarily agreed to have one and
    two bedroom units as well. Mr. Brown said the project has 98 units per acre, for a total
    of 219 units.
    Ms. Smith asked if there is there a definition of mixed use development in our
    zoning ordinance in terms of proportions. Mr. Tolbert said staff tried to indicate there
    would be a certain percent in some zoning districts but realized the market would
    primarily dictate the proportions.
    Ms. Szakos asked who the project managers envisioned living here as residents.
    Ms. Long said students, both graduate and undergraduate, medical students and residents,
    faculty and staff from the hospital, and young professionals. Ms. Szakos asked what the
    rent level is. Ms. Long said it will range from $700-$1200 per bedroom.
    On motion by Mr. Huja, the public hearing was opened.
    Ms. Nancy Carpenter, 727 Denali Way, said she lives in Eagle’s Landing.
    According to the Virginia Housing website, rents have increased state-wide over the past
    three years. The building should have spaces more accessible to the public.
    Ms. Donna DeLoria, with Payne and Hodous, 414 E. Jefferson St., said the City
    should support this project if they want to support mixed use buildings.
    Mr. Brandon Collins, 418 Fairway Ave., said no one in the surrounding
    neighborhoods was consulted about this. Talk to the community before you increase
    density, and you should do what you can to make sure there is a true mix of people living
    here. He asked for an affordable housing component to be added to this plan.
    Mr. Ivan Romanesco, 117 Bolling Rd., said he supports this project because it is a
    new urbanism project. This is also an economic development project. The applicant has
    met the guidelines set forth in the plans. This is an area lacking in development. This
    9
    project is not big enough to sustain 15,000 square feet of retail space. This project should
    cross-pollinate with other projects and work to get people on the sidewalks.
    Ms. Joy Johnson, 823 B Hardy Dr., said the neighborhoods connected with West
    Main Street should have been made aware of the design and the plan for this project. The
    City needs to take into account how this project will affect people from the surrounding
    areas and find a way to better communicate with those neighborhoods that are affected.
    Mr. Luis Oyola, 10th and Page neighborhood, said he agreed with Ms. Johnson,
    especially concerning Westhaven residents.
    Having no further speakers, the public hearing was closed.
    Ms. Szakos said she hopes a small market would be a part of the plan for this
    area. She also said under our current ordinance, you can offer to pay money into the
    affordable housing fund, which is also good, but the project seems like a perfect place for
    affordable housing. Explore how we can have some of these units set aside for affordable
    housing.
    Mr. Norris said the reality is that in order to stop suburban sprawl, we need to
    create urban density. However, it has to be situated correctly. This is a part of the City
    that can accommodate urban density. What happens in this stretch of West Main is going
    to help reintegrate Westhaven into the West Main corridor. It will infuse the affordable
    housing fund, and he said he supports the project.
    Ms. Galvin said this project has done everything right. This will increase the
    City’s tax base, contribute to the housing fund, engage the Westhaven community,
    promote the multimodal corridor, and is in keeping with several aspects of our
    comprehensive plan. She has faith in the applicant to do the right kind of design, and she
    supports the project.
    Ms. Smith said she disagreed with her fellow Councilors, and she finds it hard to
    believe that the planning that was done four or five years ago envisioned student housing
    on Main Street. This backs up to several important neighborhood areas, and she is
    concerned that there has been a lot of attention to the design of the front of the building,
    which faces West Main Street, and very little attention to the side facing Fifeville.
    Mr. Huja said this is the right project in the right location. It provides density in
    an appropriate place, provides mixed use, and will help the affordable housing fund. It
    also provides a public space and a public plaza. All four sides should be designed,
    including the back, with landscaping.
    Ms. Szakos said we already have students in that neighborhood, especially
    graduate students. Students have brought rent increases and noise to the neighborhoods,
    but to have a huge influx of apartments available in that location will relieve some of the
    pressure in the neighborhoods.
    10
    Mr. Norris said he is concerned that there was a breakdown in communication
    from the 10th and Page neighborhood association to the residents of Westhaven. In the
    future, we should be sure Westhaven residents are included in those communications.
    Ms. Smith asked for assurance that fair housing laws would be in effect. Ms.
    Long said that would absolutely be the case.
    On motion by Ms. Szakos, seconded by Mr. Norris, the resolution passed. (Ayes:
    Ms. Szakos, Mr. Norris, Ms. Galvin, Mr. Huja; Noes: Ms. Smith.)
    PUBLIC HEARING / ORDINANCE: ABANDON GAS EASEMENT ON
    WHITEWOOD ROAD (carried)
    Mr. Craig Brown presented to Council. A gas line is being relocated to the rear of
    the property in a new easement due to development of the parcel. Public Utilities have no
    objection to the abandonment of the easement.
    On motion by Mr. Huja, the public hearing was opened.
    Having no speakers, the public hearing was closed.
    On motion by Mr. Norris, seconded by Ms. Smith, the ordinance carried.
    REPORT: FISCAL YEAR 2014 BUDGET GUIDELINES AND LONG TERM (FY
    2014-2018) FINANCIAL FORECAST
    Ms. Beauregard presented to Council. She asked them to provide discussion,
    feedback and approval of FY 2014 Budget Guidelines and to begin finalizing Budget
    Worksession and Community Budget Forum dates.
    She reviewed major FY 2014 budget drivers, long-term forecasts, tax revenues,
    major revenue sources, and the financial forecast for FY 2014 – FY 2018.
    Two revised guidelines for FY 2014 are to budget a reserve for Council Priority
    Initiatives and Council Discretionary Funds, and to examine an increase in the Meals
    Tax, or other revenue sources, and their potential impact on the FY 2014 budget. She
    outlined the FY 2014 budget process and timeline.
    Mr. Huja asked about the commitment of $1.8 million for the schools. Mr. Jones
    said this was a compromise position agreed upon at a recent joint work session. Ms.
    Galvin asked what the current school deficit is. Mr. Jones said it is $3 – 4 million, but
    that includes a pay raise that may not be proposed if they have to put cuts on the table.
    11
    Mr. Norris said the proposal is for the City to come up with $1.8 million from
    either additional revenue or some other source, such as the economic downturn reserve
    fund. Ms. Galvin said the changes that have happened to the City schools are structural.
    We need to find a permanent solution, looking at all possible sources of revenue.
    Ms. Szakos said social impact bonds, where companies make investments because
    they know after five years of investment, that will save the school district money in
    special education and social work, may be a creative way to reduce costs without cutting
    services. She said we should leave everything on the table for now.
    Mr. Huja said he does not see increasing meals tax as a way to solve our
    problems. Mr. Norris agreed. He said we need to examine per people spending and
    determine whether we are running the system as efficiently as possible. Ms. Szakos said
    we also have to remember that we also have a lower income on average compared to
    other districts. We have a good school system. It would be a mistake to cut off
    conversations about a possible meals tax increase.
    Ms. Galvin said we may examine meals tax in addition to another source of
    broader revenue. A place without children is a dying place, and we need to support and
    maintain our schools.
    Ms. Smith said this is an opportunity to improve efficiency and make our schools
    better for all children. There are many options. She said she is concerned that we are not
    hearing details from the schools about their deficit.
    Mr. Huja said there is also a deficit on our side. Staff said the numbers will move
    a lot. Mr. Huja said we could use the proffer money we are receiving for affordable
    housing and reduce our contribution accordingly. Ms. Szakos and Mr. Norris said that
    defeats the purpose of a proffer. Ms. Galvin said we should examine proffers that include
    schools.
    Mr. Jones asked Council for clarification on their instruction for staff regarding a
    potential meals tax adjustment. Ms. Galvin said she is willing to look at it, but it must be
    done comprehensively along with our other needs, such as stormwater utility. Ms. Smith
    said she would like to see more effort from the schools to economize, and the meals tax is
    a last ditch effort. Ms. Galvin said Council should read the management efficiency study
    that was done on the schools four years ago. The schools lost state funding; they do not
    have a bloated budget.
    Mr. Norris asked staff for a proposal that does not include revenue increases, and
    if Council says the cuts are too draconian, Council can reevaluate the need to examine a
    revenue increase. Ms. Galvin said she agreed. Ms. Szakos said she would like to see
    ongoing conversations with the restaurants, because they need to be on board with an
    increase in the event it becomes necessary. Mr. Jones said it may be difficult to
    implement a meals tax too late in the budget season.
    12
    Ms. Beauregard said staff will report back to Council the second meeting in
    January.
    REPORT: THOMAS JEFFERSON PARTNERSHIP FOR ECONOMIC
    DEVELOPMENT (TJPED) UPDATE
    Ms. Helen Cauthen, President of the TJPED, presented to Council.
    Ms. Smith asked if she works with any of the professors at the University. Ms.
    Cauthen said she would be interested in learning more about fostering such a relationship.
    Ms. Galvin said economic development and workforce readiness need to
    collaborate, and that does not always happen.
    Mr. Norris said he appreciated TJPED’s work but is disappointed in the outcomes
    of the target market study. The focus on how to create a job base that will help low
    income residents in our region has gotten lost.
    REPORT: STRATEGIC ACTION TEAM INTERIM UPDATE
    Mr. Chris Engel presented to Council. The City Council held a work session on
    job creation and job opportunities in July 2012. A primary action item resulting from the
    work session was to establish a multidisciplinary team of city staff to further explore
    workforce development opportunities as a means to help people move out of poverty.
    This is a complex and difficult issue. Their mission statement is to “foster employment
    opportunities and move City residents towards self-sufficiency”.
    Mr. Engel identified three objectives: identify existing workforce development
    agencies in the community and understand the work they are currently doing; identify
    issues or barriers to employment; and examine best practices locally and across the nation
    in order to create innovative solutions to employment barriers.
    The team examined transportation immediately. They surveyed employers to see
    how many are within a quarter mile walking distance to existing transportation, and 97%
    of all jobs within the City are within this range. Ms. Szakos asked if they are actually
    walkable. Mr. Engel said they have not gotten to that layer yet; this is the initial cut.
    There are 38% of jobs in the County that are also near an existing line, which averages to
    roughly 67% of jobs overall. The next step is to identify what types of jobs these are.
    The same survey will be conducted with existing childcare centers and various costs.
    The team will put together a plan document in June.
    Mr. Huja asked if it is possible to follow the Orange Dot Program. Ms. Galvin
    said she has access to studies that she will pass along to staff. There are many resources.
    13
    Mr. Norris said he wants to hear more about the supply side and what more we
    can do to create and attract career ladder jobs in our community.
    Ms. Smith asked if the team plans to talk to residents within the strategic initiative
    area, because it may be surprising what they view some of the barriers to be. She asked
    Mr. Engel to be sure there is a way to give the public access to this information once it
    has been refined.
    REPORT/RESOLUTION/APPROPRIATION: 909 EAST MARKET STREET
    APPROVAL OF PURCHASE AGREEMENT / APPROPRIATION OF FUNDS FOR
    PURCHASE (carried)
    Mr. Mike Murphy presented to Council.
    Mr. Huja asked him to clarify what the building would be used for. Mr. Murphy
    said it will be for the community attention program, which is the family group homes and
    tri-area foster families that merged together in 2009. Currently 84 children are in their
    care, and we recruit, maintain, and conduct studies to provide services. Ms. Szakos asked
    if they pay per child. Mr. Murphy said they do, but there is no straight local
    appropriation. It goes through the Comprehensive Services Act.
    On motion by Ms. Szakos, seconded by Ms. Smith, the resolution was approved
    unanimously. (Ayes: Mr. Norris, Ms. Szakos, Mr. Huja, Ms. Galvin, Ms. Smith; Noes:
    None.)
    On motion by Ms. Szakos, seconded by Ms. Smith, the appropriation carried.
    OTHER BUSINESS
    APPROPRIATION: FUNDS FOR THE HUMAN SERVICES PLANNER - $63,766
    (carried) and RESOLUTION: DISSOLVE THE COMMISSION ON CHILDREN AND
    FAMILIES (CCF)
    Mr. Murphy presented to Council. Ms. Smith said she asked for this to be pulled
    for discussion because the public should hear about it. She asked what dissolving the
    CCF will mean for this year compared to what we have done in the past.
    Mr. Murphy said the County decided not to support CCF as of July 1, 2013.
    Council indicated they would like to continue to support some of the important work of
    CCF and retain staff member Gretchen Ellis. If the County decides to hear this through
    the ABRT process, we will present them with the total staff time and resources required.
    We will save for half of a year by bringing Ms. Ellis on with the City. A fund balance
    will also transfer over. The change in duties will be effective January 1.
    14
    Ms. Smith asked if we should examine the position to make sure it does not need
    to be advertised for, and to be sure that we are shaping it to be what we need it to be.
    Ms. Szakos asked for the resolution to reflect the City’s appreciation and gratitude
    for the members of the CCF for their support and dedication.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the resolution was approved
    unanimously, with the added language as suggested by Ms. Szakos. (Ayes: Mr. Norris,
    Ms. Szakos, Mr. Huja, Ms. Galvin, Ms. Smith; Noes: None.)
    Mr. Norris asked what the value is in bringing these agencies together. Perhaps
    the City should have their own Charlottesville Commission on Children and Families.
    Mr. Jones said staff is looking into that possibility.
    On motion by Mr. Norris, seconded by Ms. Galvin, the appropriation carried.
    Ms. Smith asked to be kept abreast of the planning process and the changes that
    will be taking place.
    MATTERS BY THE PUBLIC
    Ms. Donna Carty, 802 6th St. SE, said it is difficult to criminalize behavior,
    especially when people’s perceptions are objective based on physical appearances.
    Agencies have approached the Occupy New York group because of the good job they
    have been doing. She asked the City to task Occupy Charlottesville with a way to deal
    with the homeless. They did a good job of it when we they were at Lee Park. Also, if
    people are to climb a career ladder, they have to be interested enough in the job. Mr.
    Engel should ask the people what kind of jobs they want. The Downtown Mall is meant
    to be a place for all people.
    Mr. Scott Bandy, 1639 Cherry Ave., said he has seen a fox and two deer outside
    his front door. He attributes the activity at Ragged Mountain for wildlife in the City. He
    thanked the City for the deer crossing signs at the JPA Bridge and in front of Chipotle at
    Barracks Road.
    Ms. Nancy Carpenter, 727 Denali Way, said some behavioral issues have
    significantly decreased.
    The meeting was adjourned.
    Clerk of Council
  • 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 17, 2012, 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 – December 17, 2012
    Council met in special session on this date with the following members present:
    Mr. Norris, Mr. Huja, Ms. Szakos, Ms. Smith, Ms. Galvin.
    On motion by Ms. Smith, seconded by Ms. Szakos, Council voted, (Ayes: Mr.
    Huja, Mr. Norris, Ms. Szakos, Ms. Smith; Noes: None; Absent at time of vote: Ms.
    Galvin), to meet in closed session for (1) Consultation with legal counsel and briefings by
    staff members pertaining to actual litigation between the City and the developer of the
    Stonefield project, where such consultation in an open meeting would adversely affect
    the negotiating posture of the City, as authorized by Virginia Code sec. 2.2-3711 (A) (7);
    (2) Discussion and consideration of prospective candidates for appointment to City
    boards and commissions, as authorized by Va. Code sec. 2.2-3711 (A) (1).
    On motion by Ms. Galvin, seconded by Ms. Smith, Council certified by the
    following vote (Ayes: Mr. Huja, Ms. Szakos, Ms. Smith, Ms. Galvin, Mr. Norris; 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 17, 2012
    Council met in regular session on this date with the following members present:
    Mr. Norris, Ms. Galvin, Mr. Huja, Ms. Smith, and Ms. Szakos.
    Mr. Huja requested a moment of silence for the victims of the Connecticut school
    shootings.
    ANNOUNCEMENTS
    Ms. Galvin announced the police department’s ECC Reaccreditation achievement.
    Mr. Tom Hansen, Executive Director of the ECC was present with Debra Wade, Training
    2
    Manager, and Kirby Felts, Emergency Management Coordinator, and thanked Council
    for the recognition of their achievement. Ms. Szakos added that they were recertified
    with excellence.
    Ms. Szakos announced that this is the last weekend to shop the Holiday Market, at
    the corner of Water Street and South Street, from 8:00 a.m. – 1:00 p.m.
    Ms. Smith announced that the Virginia School Board Association’s Green
    Schools Challenge awarded the Charlottesville City Schools with first place. She also
    congratulated the ten CATEC students who graduated with their Certified Nursing Aide
    certificates.
    Mr. Norris asked citizens to help find Eric McFadden, a person of interest in the
    Dashad Smith missing person case. Please contact Crimestoppers at (434) 977-4000 if
    you have any information about Eric McFadden or Dashad Smith.
    Ms. Smith invited Mr. Wes Bellamy to speak about the coat drive. Mr. Bellamy
    said his group, HYPE, was able to give away over 800 coats and boots to needy members
    of the community. If anyone still needs a coat, a pair of shoes, or a scarf or hat, there are
    several left over. Please contact Mr. Bellamy.
    Mr. Huja announced the Time Capsule Burial Ceremony on December 23 at 2:00
    p.m. at Lee Park.
    On motion by Mr. Norris, seconded by Ms. Szakos, the following appointments
    were made to Boards and Commissions:
    To the Virginia Workforce Coalition, Rudy Beverly; to the CDBG, Sarah Lawson
    (10th and Page) and Mary Alex (Belmont); to the HAC, Wes Bellamy; to the CAP, Wes
    Bellamy; to Region 10 Community Services Board, Shirley Roberts; to the BAR, Justin
    Sarafin; to the Strategic Investment Area Steering Committee, Richard Price, Pete
    O’Shea, Claudette Grant, Kathy Galvin, Genevieve Keller, Valerie Long, Fabian Kutner,
    Carolyn Shears, Greg Jackson, Alex Ix, John Foster, Monica Scott. Council also
    appointed CRHA residents Deborah Booker, Patricia Howard, and Judy White; these
    appointments are pending approval by the CRHA.
    MATTERS BY THE PUBLIC
    Ms. Carol Saliba, 802 Cynthianna Ave. #4, said negative behavior on the
    Downtown Mall is being attributed to homeless people. We should not create a different
    class of people for the homeless.
    Mr. Jim Moore, 1213 Hazel St., spoke regarding the YMCA/McIntire Park lease
    extension. This is an opportunity for Council to properly review new issues that have
    3
    arisen in the past five years. Please make any extension to the lease conditional upon
    review of these issues.
    Mr. Chris Winter, 417 B Woodhaven Ct., said Council’s position on marijuana is
    not solving the problem. He escaped a 17-year addiction to marijuana, and
    decriminalizing marijuana is irresponsible and will put many children and families in
    danger. Please vote to make it mandatory for Council members to submit to random drug
    testing.
    Ms. Pat Napoleon, 700 Lyons Ave., said the location of the YMCA within
    McIntire Park is problematic on many levels. Access to transportation for those who
    need the facility is limited. Please do not offer an extension on this lease. We cannot
    replace McIntire Park, but we can find another place for the YMCA.
    Ms. Nancy Carpenter, 727 Denali Way, said she supports the letter sent to
    Council from the Transit Rider’s Association of Charlottesville (TRAC). She is
    concerned over some of the proposed changes to Route 3 and relying on University
    transportation for the Venable neighborhood. She also supports a Human Rights
    Commission. Also, the City needs additional affordable housing rental units. Rental
    assistance programs must expand. Please lobby Congress to support acts that promote
    affordable housing and extend protections for renters.
    Mr. Randy Page, 1401 Wellford St., said the YMCA will be burdened by
    significant debt. He asked if an Operational Plan was provided in 2007, per the lease
    agreement. Success is far from assured, and there are many problems associated with the
    current agreement. This is our last chance to pull back and rethink this plan.
    Mr. Paul Long, 1410 Grady Ave., distributed letters from the TRAC group. He
    said the Nelson/Nyygard report is a disgrace. People need a way to get to work. He said
    the cuts detailed in the letter do not maintain Charlottesville’s reputation as a world class
    city. We need a more extensive transit system that is run on a regular basis.
    Ms. Emily Ludwick, 1926 Asheville Dr., said the homelessness problem is getting
    worse, and it is not a temporary problem. We need affordable public housing so people
    can get back on their feet. The City should put more money into the projects that provide
    people with affordable housing options. Homeless people do not want to be living on the
    streets.
    Brandon Collins, 418 Fairway Ave., said PHAR is going into their fifteenth year
    and speaks loudly and clearly on behalf of public residents everywhere. They fully
    support a strong Human Rights Commission with enforcement powers. Federal and state
    agencies are unable to handle their caseloads because they are underfunded and
    overburdened. Also, the Housing Authority is in chaos. He brought Mr. Magic Johnson
    to speak about trust. PHAR members requested that Mr. Norris be reappointed in
    January to the CHRA because the residents trust him.
    4
    Mr. Jim Shea, 301 Monte Vista Ave., said there is no doubt we need a Human
    Rights Commission, but deciding what sort of powers that commission will have is
    another question. He said organizations that advocate on behalf of justice for people in
    our City all urge Council to create a strong Human Rights Commission to uphold the
    rights of people who have been abused through discrimination.
    Ms. Mary Carey, 500 1st St., said she is a Crescent Halls resident, and she
    supports Mr. Norris’s reappointment to the CRHA. If people truly understood poverty,
    they would not pass by people asking for money on the Downtown Mall.
    Mr. Walt Heinecke, 1521 Amherst, said he supports a strong Human Rights
    Commission with enforcement authority. Charlottesville should be a leader in protecting
    the rights of all of its residents.
    COUNCIL RESPONSE TO MATTERS BY THE PUBLIC
    Mr. Norris thanked residents who spoke up for the need for more affordable rental
    housing. This must continue to be a priority.
    Ms. Smith said she agreed with Mr. Norris. She also shares concerns that were
    expressed about the YMCA lease.
    In response to Mr. Winter’s comments, Ms. Galvin said children who started
    smoking marijuana by the age of 12 experienced an eight point IQ drop by their mid-30s.
    The brain starts developing at a young age, and this is a harmful drug for developing
    young minds.
    Ms. Szakos said it is not true that there was no public input about the YMCA.
    Also, this is not a City building, so there is not money coming away from something else.
    She said while she is extremely committed to first amendment rights, she has been
    disturbed by the approach people have taken in addressing Council recently. Personal
    attacks because of disagreements are not productive and should be avoided.
    Mr. Huja said he agreed that it is not productive to make personal attacks.
    CONSENT AGENDA
    Ms. Smith said if we are going to create a new human resources planner position
    for next year, we need a broader discussion of what the role would be and whether or not
    we should advertise for it.
    Ms. Smith asked if there was opportunity for public comment on item j. Mr.
    Gensic said there was.
    5
    Mr. Huja said he wanted to highlight the honorary street name for Mr. Coiner,
    who was a very important member of our community.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the following consent
    agenda items were approved: (Ayes: Mr. Huja, Ms. Szakos, Mr. Norris, Ms. Galvin, Ms.
    Smith; Noes: None.)
    a. Minutes for December 3
    b. APPROPRIATION: Appropriation of Funds for the Human Services Planner -
    $63,766 (2nd reading)
    c. APPROPRIATION: Albemarle County Reimbursement for the Gordon Avenue
    Library Masonry Project -
    $3,452.25 (2nd reading)
    d. APPROPRIATION: Albemarle County Reimbursement for the Central Library
    Elevator Replacement Project
    $8,906 (2nd reading)
    e. APPROPRIATION: Aid to Localities Fire Disbursement Fund - $116,218 (2nd
    reading)
    f. APPROPRIATION: Approval of Funds for Purchase of 909 East Market Street (2nd
    reading)
    g. APPROPRIATION: Reimbursement for Expenses Related to His Holiness the 14th
    Dalai Lama’s Visit to the City - $4,538.13 (carried)
    h. RESOLUTION: Street Acceptance for Paton Street Planned Unit Development
    (PUD)
    i. RESOLUTION: Mobile Food Unit – Zoning Initiation
    j. RESOLUTION: Authorization of the Department of Conservation and
    Recreation Land & Water Conservation Fund Grant
    Application
    k. RESOLUTION: Jefferson School Signage Plan
    l. RESOLUTION: Section 3 Policy Amendment
    m. RESOLUTION: Honorary Street Name – Preston Coiner
    n. ORDINANCE: Zoning Text Amendment – Medical Labs (2nd reading)
    o. ORDINANCE: Zoning Text Amendment Request for BAR housekeeping code
    changes (2nd reading)
    p. ORDINANCE: Amendment to Definition of Energy Efficient Buildings
    (carried)
    PUBLIC HEARING/ORDINANCE: DAVIS FIELD – BID OPENING AND GRANT
    OF LEASE (carried)
    Mr. Daly presented to Council. He said one bid was received from SOCA (Soccer
    Organization of Charlottesville-Albemarle). Ms. Allyson Davies reviewed the bid
    process for Council.
    On motion by Mr. Huja, the public hearing was opened.
    6
    Mr. Bill Mueller, 775 Windrift Dr., Earlysville, Executive Director of SOCA, said
    they have been the prime user of Davis Field for the past seven years, and they would like
    to continue serving their participants. They have been good stewards of the property, and
    they look forward to doing more in the future.
    Having no further speakers, the public hearing was closed.
    On motion by Mr. Norris, seconded by Ms. Galvin, the ordinance carried.
    REPORT: DIALOGUE ON RACE (DOR) UPDATE
    Ms. Elizabeth Breeden and Ms. Charlene Green presented to Council. They
    overviewed DOR activities over the past year and outlined plans for the future.
    Ms. Galvin said she appreciated the information in the report. She asked for
    clarification on the initial outlay and total expenses to date for the DOR. She asked how
    much the program needs to operate annually. Mr. Jones said it currently costs $90,000 a
    year, which covers salary and programmatic costs. Ms. Galvin asked if there are any
    before and after metrics. Ms. Green said this is information we can access. Ms. Galvin
    said we need to make sure we are tracking information to demonstrate that we are doing
    positive things. Ms. Breeden said the DOR is beginning work on this, including drafting
    outcome-based plans through the workgroups.
    Ms. Smith said the initiatives spawned from the DOR efforts are impressive. It is
    important to have coalesced around a particular set of themes.
    Ms. Szakos asked if there is an ongoing mechanism for populating workgroups.
    Ms. Green said some action teams decide to dissolve because they are done with their
    work or they cannot sustain the energy, and it is the facilitator’s responsibility to monitor
    each group. There is a group charged with forming new action teams, and they
    encourage small groups of people who are concerned about an issue to work through the
    DOR.
    Mr. Huja thanked the DOR for their hard work and thanked the citizens that have
    been involved with DOR’s efforts.
    Ms. Galvin asked for clarification on their vision for the Human Rights Task
    Force (HRTF). Ms. Breeden said she envisioned staffing a permanent office.
    Mr. Norris said organizationally, the DOR is in a holding pattern until Council
    figures out what direction to take with the HRTF. We should not take too long
    deliberating on the HRTF, because the DOR cannot get energized about certain things
    until they know what the future holds.
    7
    REPORT: HUMAN RIGHTS TASKFORCE (HRTF)
    Mr. Jesse Ellis and Ms. Dorenda Johnson, Co-Chairs of the Human Rights
    Taskforce, presented to Council. Ms. Johnson reviewed the background of the HRTF and
    gave an executive summary of the City’s action on race relations since 2009. Mr. Ellis
    spoke about the need for a Human Rights Commission. He also said it is important that
    the City develops an ordinance. The HRTF recommends that a strong anti-discrimination
    ordinance be developed, that the City form a Human Rights Commission enabled to use
    the full scope of remedies provided by State and Federal statutes to uphold the ordinance,
    and that the commission ensures comprehensive anti-discrimination education and
    training opportunities are available to the Charlottesville community that will address
    ingrained discrimination.
    Mr. Norris asked a series of questions regarding specific enforcement powers
    authorized by the state and whether they could be applied in certain situations. Mr. Ellis
    said enforcement powers would be used as a last option. Mr. Ellis invited Mr. Jon
    Strother, an expert the HRTF has been working with, to answer Mr. Norris’s questions.
    Mr. Strother replied that the HRTF would not be able to use enforcement powers in any
    of the situations Mr. Norris described. Mr. Norris asked staff how many individuals the
    HRTF has heard from. Mr. David Ellis said a total of about 35 individuals have come in
    person, and a couple hundred people have attended the forums. There was one person
    who felt they were a victim of illegal discrimination. Mr. Jesse Ellis said the HRTF
    believes people have not come forward because of fear.
    Ms. Szakos said surely Mr. Norris is not suggesting there is no illegal
    discrimination in Charlottesville. He said he is absolutely not suggesting such, but he
    believes the HRTF has been focused on enforcement. Mr. Jesse Ellis said the HRTF is
    looking to address discrimination more broadly, and enforcement is a last result.
    Ms. Smith asked if you can write an ordinance that covers things state and federal
    laws do not. Mr. Strother said you cannot.
    Ms. Johnson said having a group of diverse people you can trust is very important
    to an effective commission.
    In response to a question from Ms. Smith, Mr. David Ellis said the commission
    and a staff member role are separate. The commission would be involved in an advisory
    capacity but may not be involved in the daily work.
    Ms. Galvin said the report raises a lot of questions for her, particularly about the
    areas of relevant research. She is concerned with conflating the effects of poverty with
    discrimination. The study did not recognize national studies that have isolated risk
    factors when evaluating achievement. She said she believes there has been improvement.
    8
    Ms. Turner said there has been improvement, but it has been slow, and we are not
    addressing the issues quickly enough. Ms. Galvin said she believes there may be
    something else going on that can explain some of these issues other than discrimination.
    Ms. Johnson and Ms. Szakos both said they have personally witnessed
    discrimination in school classrooms, both subtle and obvious.
    Ms. Galvin said it is problematic that the commission would only have
    jurisdiction in the City, but discrimination complaints would come from across the area.
    It is important to examine the implication that racial justice can only be served through
    this Prince William model, with accompanying costs. We need to look at whether we can
    put money towards other systems, such as transportation, that will improve access to jobs.
    We have seen positive outcomes from the DOR program, which spends much less money
    annually.
    Ms. Szakos said we need to attack root issues and create a City where young
    Black professionals will want to return. Ms. Szakos thanked the HRTF for their work on
    behalf of Council.
    Mr. Norris said this was a diverse group, and 100% of the members agreed that a
    mechanism to address discrimination was needed in Charlottesville.
    Ms. Smith said the majority of the issues addressed were housing and
    employment, and PHA does a very good job at addressing the housing piece. There does
    seem to be a problem with employment. She said it seems the HRTF got fixated on two
    models. Mr. Jesse Ellis said these two models stood out as being the best examples of
    enforcement powers versus no enforcement powers. Ms. Smith said she researched the
    Seattle Human Rights Commission, and they serve in an advisory capacity to Council.
    She would like to see our Human Rights Commission take on that role, and she would
    like to see a “Social Impact” piece added to each Council memo.
    Ms. Smith said a strong ordinance is imperative. We need a better mechanism for
    discrimination complaints. We need a Human Rights Commission to be the conscience
    of our community and be a repository for information.
    Ms. Szakos said she agrees that we need an ordinance and a local place for
    complaints. A commission should be formed to deal with educating the public about
    issues on race and other forms of discrimination. Without enforcement, you do not have
    leverage to bring people to the table. Local enforcement is important, but she supports a
    commission either way.
    Ms. Galvin said she agrees with the need for an ordinance as well. We need to
    think through what to do with the DOR. We should not undo what we have
    accomplished; we should shore it up and continue to address the issues. Mr. Jesse Ellis
    said the DOR would take on a different role, primarily education, and become part of the
    commission. Ms. Galvin said the Prince William model is on a different scale with a
    different dynamic and may not transfer well to Charlottesville.
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    Mr. Huja said he supports an ordinance. He supports education and training but
    prefers that it go through the DOR. He supports some sort of body to facilitate in this
    process, but there are strong state laws, the EEOC, and the VHA, and we do not need
    strong enforcement powers for the body we establish. Mr. Jesse Ellis said these
    organizations do not always work properly.
    Ms. Szakos said there are issues of discrimination in the LGBT community that
    would need state law changes to enforce locally. She would like the organization to
    advise us on what we can do to influence changes in state laws.
    Mr. Norris said he is frustrated because our issues are with legal, institutional
    discrimination. A commission’s first and foremost responsibility should be to address
    this, and we cannot touch these issues using enforcement powers. Mr. Norris said he
    wants a commission that is explicitly charged with analyzing and criticizing inequities in
    our community. If this does not work, we can reexamine enforcement powers in the
    future. He said we should make the DOR a standing commitment.
    Mr. Huja asked staff to develop an ordinance and proposal for Council to vote on
    in late January or early February.
    Ms. Galvin asked if staff could bring information about what smaller cities have
    done.
    REPORT: PVCC ANNUAL UPDATE
    Dr. Frank Freidman presented his annual update on the state of PVCC to Council.
    He recognized Mr. Peter Kleeman, who is a board member present in the audience.
    Enrollment has leveled after a five year growth period. Charlottesville enrollment
    constitutes about 17% of overall enrollment, which has come back up over the past five
    years. This may be attributable to duel enrollment, class offerings within the high school,
    and expanded online class options.
    PVCC has enjoyed expanded options at Jefferson School and a partnership with
    the YMCA to provide babysitting services. Local support has made a huge impact on
    their success. The School Board approved a program to allow a diverse group of talented
    juniors and seniors to earn their Associate’s degree in science by the time they graduate
    from high school.
    Council thanked Dr. Freidman for his report.
    REPORT: UPDATE ON TRANSIT STUDY
    10
    Ms. Judy Mueller introduced Mr. Geoff Slater, with Nelson/Nygaard Consulting
    Associates. He reviewed key study objectives, study activities to date, initial service
    scenarios, and the variety of feedback they received on the proposed scenarios. He gave
    an overview of draft recommendations, which focus on affordable solutions that can be
    implemented quickly within the existing budget. They received the most comments
    about Route 4. He reviewed new proposed routes, including Route 11, and showed
    Council a draft of the final service design. The consultants recommended consolidating
    day and night routes, making them one in the same, to eliminate confusion. He reviewed
    a summary of changes and their impacts, including a projected 8% increase in ridership.
    Mr. Slater reviewed capital improvement options, including bus stop
    enhancements and an additional bus stop installation. He reviewed options for a larger
    budget, including service guidelines, which would result in a projected 10% increase in
    ridership. He also reviewed options for a 30 minute frequency scenario, which would
    cost $780,000 a year and increase ridership by a projected 18%. Additional opportunities
    could include improvements along Route 29 and enhanced routes in and around
    Albemarle County.
    Mr. Huja thanked the consultants for their work and reminded citizens that
    Council is not making a decision on this tonight.
    Ms. Szakos asked the consultants to examine the social impact of who is riding
    the bus where the route changes are being made, particularly for Route 2. Mr. Huja said
    this is generally a significant improvement, providing faster and more direct service. Ms.
    Smith said she is advocating for people on Route 1 because taking away one stretch can
    have serious implications. She asked about Park-n-Ride services and said we should use
    Rio Road to provide services to CATEC.
    Ms. Galvin said she agreed that we need to provide service to CATEC.
    Ms. Smith said we need to examine easy ways for riders to pay.
    Mr. Norris said there will be time for public input so we can work to devise a
    system that is as efficient as possible.
    Ms. Szakos said walking is not necessarily a bad thing, especially in light of an
    obesity epidemic.
    REPORT/RESOLUTION: ALLOCATION OF CHARLOTTESVILLE HOUSING
    FUNDS FOR ALBEMARLE HOUSING IMPROVEMENT PROGRAM (AHIP)
    BLOCK BY BLOCK CHARLOTTESVILLE (BXBC) - $400,000
    Mr. Tolbert gave a report to Council about the Block-By-Block program and
    introduced Ms. Kathy McHugh. Ms. McHugh said this is a targeted program focusing on
    11
    a specific geographic area. She reviewed a graphic of homes that were in need of repair
    or are already on the AHIP waiting list in and around the 10th & Page neighborhood.
    Ms. McHugh introduced Ms. Jen Jacobs, Executive Director for AHIP. She said
    collaboration is the essence of this project. She shared stories from existing AHIP
    beneficiaries.
    Ms. Galvin said it is important to improve streetscapes and find space for a pocket
    park.
    Ms. Szakos said she fully supports this project. She asked what happens to people
    who have been on the waiting list once this program is implemented. Ms. Jacobs said she
    does not want this program to detract from AHIP’s mission, and they will continue with
    their routine operations.
    Mr. Norris asked about the funds the City allocated through LEAP and made sure
    this project is not dependent on those monies. Staff answered that they are not.
    Ms. Smith said she thinks this plan is wonderful. She asked about collaborating
    with landlords and maintaining these homes as affordable rentals.
    Mr. Huja said he supports the program and is pleased to hear they will leverage
    funds. He asked how we can assure residents they can stay in their homes after they have
    been renovated. He also proposed inviting landlords to do a matching funds program. He
    said sidewalks and landscaping is an important aspect of making a home attractive.
    On motion by Ms. Szakos, seconded by Ms. Smith, the resolution passed
    unanimously. (Ayes: Ms. Szakos, Ms. Smith, Ms. Galvin, Mr. Norris, Mr. Huja; Noes:
    None.)
    REPORT/RESOLUTION: YMCA GROUND LEASE – EXTENSION OF
    DEADLINE FOR CONSTRUCTION
    Mr. Brian Daly presented to Council on the background of the extension request.
    Ms. Allyson Davies said this request is not extending the term of the lease or
    enlarging the lease space. This is still a contractual agreement between the YMCA and
    the City, which will remain enforced regardless of the change in construction time. The
    lease requires that consent for an extension not be unreasonably withheld.
    Ms. Smith said the language of the lease no longer applies to the reality of the
    project. Ms. Davies said it is not the terms of the lease that have changed, but the
    physical location of where the building is being constructed. Ms. Smith asked why the
    12
    lease has not been amended to reflect the master planning process that happened after the
    lease was enacted.
    Mr. Brown said the discrepancies in the lease do not affect a decision on whether
    or not to extend the lease. Council designated the specific area where the project shall be
    built back in 2008. Mr. Huja said we can have this discussion at a later date. Ms. Smith
    said the lease needs to be rewritten to accurately reflect the project, and to extend the
    lease puts us in an awkward position.
    On motion by Ms. Szakos, seconded by Ms. Galvin, Council voted to pass the
    resolution. (Ayes: Ms. Szakos, Ms. Galvin, Mr. Norris, Mr. Huja; Noes: Ms. Smith.)
    OTHER BUSINESS: HRTF CLARIFICATION
    Mr. Norris said he wanted to make it very clear that for individuals who do
    believe they have been the victim of illegal discrimination, whatever process we put into
    place will function very similarly to what would happen if we did have full enforcement
    powers.
    OTHER BUSINESS: SUNSET/FONTAINE PLANNING CONNECTOR
    Ms. Galvin said we may want to provide a formal statement in support of this
    connector. Mr. Huja asked Ms. Galvin to make a report at tomorrow’s county meeting.
    MATTERS BY THE PUBLIC
    Ms. Marcia Geyer, Albemarle County resident, said Council got their money’s
    worth from the consultants. We cannot have so many cars on the road from an
    environmental perspective. She said she is working on starting a chapter of 350.org for
    this area, and one of the five areas of importance they have outlined is transportation. She
    asked Council if they would be interested in federal funding for a Jefferson Area transit
    group.
    Ms. Joy Johnson, 802 A. Hardy Dr., said PHAR supports the formation of a
    Human Rights Commission with enforcement power. She said people need a place to go
    other than the existing agencies. She said no one is breaking down silos in the City. We
    need to change the narrative to get to the root of the cause.
    Ms. Natasha Turner said she is homeless because she was kicked out of her
    apartment after a smoking device was found in her home. She had to move to
    Charlottesville because her daughter needed emergency surgery, and she has not been
    able to get a job in two years. She cannot get into the shelters because she cannot find a
    13
    job. Councilors told her to speak with Mr. David Ellis, who was present at the meeting,
    to get started with finding assistance.
    Mr. Walt Heinecke, 1521 Amherst St., said he is embarrassed at Council’s actions
    regarding the Human Rights Commission tonight. He asked how many majority votes it
    would take before Council will listen.
    Ms. Andrina Green, 702 Oyster Ave., said Route 4 in the Fifeville area means a
    lot of people will have to walk a long distance up a steep hill to the nearest bus stop.
    Ms. Lena Marie, Belmont neighborhood, said the transit study does not take hills
    into consideration. Her neighborhood is part of Route 3, and they have taken them off
    their route and moved them to Route 1, which has no night or weekend service. This puts
    them on one of the worst-served routes. She said a loop makes sense in her
    neighborhood. She said she had trouble getting contact information from the consultants
    until she told them she was coming to Council.
    Mr. Brandon Collins, 418 Fairway Ave., invited those interested in the transit
    process to attend the TRAC meeting this Saturday at noon in the Jefferson Room at the
    JMRL Downtown. Certain neighborhoods and stops are going to be critical in the transit
    study, and Council needs to seriously consider the importance of supporting an expanded
    public transportation. He said PHAR supports Mr. Norris’s reappointment to the CRHA
    because he has earned the trust of people in public housing.
    Ms. Nancy Carpenter, 727 Denali Way, said she is glad Ms. Galvin supports the
    Sunset connector. She announced there will be a National Homeless Memorial Service
    on December 21 at 3:00 p.m. in the Sanctuary at The Haven. She said one of the biggest
    problems with being homeless is not having properly fitting shoes.
    Ms. Holly Edwards, 917 6th Street SE, said she supports the Human Rights
    Commission with enforcement power. She said she felt that watching the report on the
    commission was a human rights violation. She said our culture and systems need to
    address discrimination in a meaningful way.
    The meeting was adjourned.
    Clerk of Council