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

  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Monday, January 7, 2013, AT 5:30 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 – January 7, 2013
    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, Mr. Norris, Ms. Galvin, Ms. Smith; Noes: None; Absent at time of vote: Ms.
    Szakos), to meet in closed session for (1) 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, (2) The annual performance evaluations of the City Manager
    and the Clerk of City Council, as authorized by Va. Code sec. 2.2-3711 (A) (1).
    On motion by Ms. Smith, seconded by Ms. Galvin, Council certified by the
    following vote (Ayes: Mr. Huja, Ms. Smith, Ms. Galvin, Mr. Norris; Noes: None; Absent
    at time of vote: Ms. Szakos), that to the best of each Council Member's knowledge, only
    public business matters lawfully exempted from the open meeting requirements of the
    Virginia Freedom of Information Act and identified in the motion convening the closed
    session were heard, discussed or considered in the closed session.
    COUNCIL CHAMBERS – January 7, 2013
    Council met in regular session on this date with the following members present:
    Mr. Norris, Ms. Galvin, Mr. Huja, Ms. Smith, and Ms. Szakos.
    ANNOUNCEMENTS
    Ms. Galvin announced that the Comprehensive Plan Update is available for
    review. The document may be reviewed at www.charlottesville.org/plancville, or call
    NDS at 970-3182 for more information.
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    Ms. Galvin announced that the requirements for the GED will be increasing
    substantially in January 2014. Testing standards and fees will increase. Contact Ms.
    Susan Erno at the Adult Learning Center for more information on these changes.
    Ms. Szakos announced that City Hall will be closed Friday, January 18 and
    Monday, January 21. All other services will operate normally. The next Council
    meeting will be held Tuesday, January 22.
    Ms. Szakos announced a community celebration for Martin Luther King at 5:00
    p.m. on Sunday, January 13 at Mt. Zion First African Baptist Church. Also, the “Our
    Town Charlottesville” meeting series will begin again on Thursday, January 10 at 6:00
    p.m. at the Tonsler Park Community Center. For more information, call 970-3333.
    On motion by Mr. Norris, seconded by Ms. Szakos, Council voted to add a
    position to the Strategic Investment Area steering committee. (Ayes: Mr. Norris, Ms.
    Smith, Mr. Huja, Ms. Szakos, Ms. Galvin; Noes: None.)
    On motion by Mr. Norris, seconded by Ms. Galvin, the following appointments
    were made to Boards and Commissions: to the SIA, Charles Lewis; to the Board of
    Architectural Review, Laura Knott. (Ayes: Mr. Norris, Ms. Smith, Mr. Huja, Ms.
    Szakos, Ms. Galvin; Noes: None.)
    Ms. Smith announced the City’s tree collection, starting January 14.
    She also announced the Jefferson School City Center grand opening on Saturday,
    January 19. There will be an open house starting at 10:00 a.m.
    Mr. Huja announced Charlottesville Area Transit has been awarded the LEED
    Gold Certification from the U.S. Green Building Council. Mr. Scott Hendrix was present
    to accept the award.
    MATTERS BY THE PUBLIC
    Mr. John Heyden, 1429 Westwood Rd., said the Human Rights Commission is a
    waste of money and another unneeded social program. This program will only work to
    find problems where there are none in order to justify its existence.
    Mr. Jim Snead, 500 Park St., said he is representing First Presbyterian Church,
    and thinks that because of the constitutional issues of taxation of a nonprofit, the
    Stormwater Utility fee is being used as justification to avoid complying with the law.
    Mr. Marco Brown, Homeless, said he wants the panhandling ordinance to be fair.
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    Mr. Kenneth Jackson, Rice, Virginia, said discrimination is alive and well in
    Charlottesville. He listed five unsolved murders and three missing people and said most
    of them are Black, which indicates a problem.
    Mr. James Pritchett, Homeless, said he has been panhandling for almost two
    years, and his sign is his only source of income. He cannot find a job. Please do not pass
    a law against panhandling.
    Mr. Nick Wispelway, 735 Northwood Ave., said he and his wife moved to
    Charlottesville because it was a safe place and a real community with diversity.
    However, their home was broken into last Friday, and similar incidents have been on the
    rise in the North Downtown neighborhood. He said he does not have a problem with
    panhandling, but it makes others feel unsafe. Please provide more emphasis on public
    safety and consider solutions.
    Ms. Nancy Carpenter, 727 Denali Way, said she joined a Facebook page called
    Charlottesville Downtown Reclamation Project to see what solutions the group was
    devising, but she was kicked off the page. There is a lack of civil discourse. She asked
    how someone can save enough money to buy a house when they cannot afford to pay rent
    where they are currently living. She asked the City to work to provide housing options
    for all members of the population.
    Ms. Ellie Thomas, 460 Stagecoach Rd., with the Virginia Cooperative Extension
    and Master Gardener Program, thanked Council for their funding and updated them on
    events for spring 2013.
    Mr. Lucius Bracey, 724 Northwood Ave., said public safety is an important issue
    facing our community. His neighborhood is seeing an increase in crime, and the City
    cannot ignore the problem. It is not getting the attention it deserves.
    Mr. Robert Smith, Belmont resident, said he agrees with Mr. Hayden’s remarks.
    He has heard folks have been attacked by groups in the streets, and safety issues are not
    getting the attention they deserve. He said he does not like panhandlers.
    Ms. Baily Hampton, 505 Elliot Ave., said she is tired of racist comments. She
    said if it were not for the homeless population, she would not feel safe on the downtown
    mall. She was robbed at gunpoint and did not report it to the police because she did not
    want to add to the problem of racial profiling. She said liberal politics caters to people
    who have money over people who do not. She said she is underemployed and cannot
    continue to live in Charlottesville if things do not change.
    COUNCIL RESPONSE TO MATTERS BY THE PUBLIC
    Ms. Smith thanked Ms. Thomas for coming to speak about the Virginia
    Cooperative Extension.
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    Ms. Szakos said it is a horrifying feeling to have someone breaking into your
    home, and she hopes the police can find out who is doing this in Mr. Wispelway’s
    neighborhood. She said you can go to the City’s webpage and see where crime incidents
    are occurring by neighborhood. She said the City is not considering banning panhandling
    on the Downtown Mall.
    Ms. Galvin said she believes issues on the Downtown Mall pose a problem for
    enough of our citizens that we need to take it seriously. She requested a work session on
    the matter. We need input from the public and examples of how other communities have
    dealt with this issue. She asked if we can a full list of missing and unsolved people from
    the Police Chief and examine it along racial and ethnic lines.
    Ms. Szakos said she feels that work sessions are for items that are not getting
    attention or need more direction from Council, and the Downtown Mall is something that
    is getting ample attention from Council and staff.
    Mr. Norris said he agrees with Ms. Galvin about the need for a work session. It is
    important to structure it properly. This needs to be a broader community conversation.
    He thanked Ms. Hampton for her comments and for naming what is happening. He
    thanked Ms. Carpenter for calling attention to affordable housing. We have invested
    millions of dollars, but most of what we have invested has been to preserve what we have
    now. We need to work to expand the stock.
    CONSENT AGENDA
    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 17
    b. APPROPRIATION: Reimbursement for Expenses Related to His Holiness the
    14th Dalai Lama’s Visit to the City - $4,538.13
    (2nd reading)
    c. APPROPRIATION: Reimbursement for Attendance to the International Code
    Conference $1,927.01 (carried)
    d. APPROPRIATION: Reimbursement to City for American Planning Association
    Web Training Sessions –$960 (carried)
    e. APPROPRIATION: Bank On Greater Charlottesville Funding from the Coalition
    of Economic Opportunity, C/O the Legal Aid Justice Center
    - $20,500 (carried)
    f. RESOLUTION: 715 Nalle Street Infill Special Use Permit Amendment
    g. RESOLUTION: Transfer of Funds for Stormwater Camera System - $38,508
    h. RESOLUTION: Transfer of Capital Budget Funds - Construction of a
    Stormwater Retrofit Project in Azalea Park - $100,000
    5
    i. RESOLUTION: Authorization for Region Ten to Apply for a Line of Credit
    j. ORDINANCE: Amendment to Definition of Energy Efficient Buildings
    (2nd reading)
    k. ORDINANCE: Abandonment of Gas Easement on Whitewood Road,
    Albemarle County (2nd reading)
    REPORT: MAYOR’S STATE OF THE CITY ADDRESS
    Mayor Huja presented to the citizens of Charlottesville on the state of the City,
    outlining what has happened in 2012 and what is to come in 2013. He delivered his
    report according to the City Council 2025 Vision.
    PUBLIC HEARING/ORDINANCE: POLLING PLACE CHANGE: RELOCATE
    CARVER PRECINCT TO CARVER RECREATION CENTER (carried)
    Ms. Sherri Iachetta presented to Council on the polling place change relocation
    for the Carver Precinct back to the Carver Recreation Center, which was under
    renovation in 2011 and 2012.
    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.
    PUBLIC HEARING/RESOLUTION: AUTHORIZATION OF LEASE
    AGREEMENT(S) FOR 608 RIDGE STREET
    Ms. Kathy McHugh presented to Council. Staff recommends retaining the
    property as a rental. Ms. Szakos asked if the tenant downstairs moves out, and LEAP
    rents the space, whether it would be for housing or office space. Ms. McHugh said it
    would be used for office space.
    On motion by Ms. Smith, seconded by Ms. Szakos, both resolutions regarding the
    lease at 608 Ridge Street passed unanimously. (Ayes: Mr. Norris, Ms. Smith, Mr. Huja,
    Ms. Szakos, Ms. Galvin; Noes: None.)
    REPORT: REGION TEN COMMUNITY SERVICES BOARD ANNUAL UPDATE
    Mr. Robert Johnson presented to Council. He reviewed Region Ten’s
    accomplishments over the past year and gave an update on grants in progress. He
    thanked Council for their support of Nunley House, which has been integral to reducing
    enrollment at their state facilities. He asked for Council’s financial support in this time of
    reduced state funding. Medicaid expansion will be a game changer for them.
    6
    Mr. Eddie Banks spoke to Council and said Region Ten saved his life.
    Ms. Szakos said she appreciated the report. Medicaid expansion is not a sure
    thing, and it is an incredible opportunity for us to bring our federal tax dollars home. She
    urged citizens to call their legislators and encourage them to expand Medicaid.
    REPORT / RESOLUTION: REALLOCATION OF CHARLOTTESVILLE HOUSING
    FUNDS FROM CHARLOTTESVILLE REDEVELOPMENT AND HOUSING
    AUTHORITY (CRHA) REDEVELOPMENT TO OTHER EFFORTS - $400,000
    Mr. Tolbert presented to Council. Staff is asking Council to appropriate
    $250,000, to be used by CRHA for redevelopment purposes as deemed appropriate. Staff
    recommends that the $400,000 previously allocated to the Charlottesville Redevelopment
    and Housing Authority (CRHA) be reallocated to AHIP Emergency Repair ($100,000)
    and Habitat Belmont Cottages ($300,000). Staff also recommends that the $400,000
    allocated to AHIP Emergency Repair and the Habitat Belmont Cottages be recommitted/allocated
    to CRHA and the CDC from FY 2014 CHF dollars if such funds are
    adopted and available.
    Ms. Smith asked for clarification on how the $300,000 leverages additional funds.
    Mr. Tolbert said the Habitat project is raising $2.9 million, and they have a gap. If we
    can fill that gap, they will begin work on the project. Ms. Smith said if we are giving City
    taxpayer money to Habitat, we should know that it is benefitting City residents. Ms.
    Szakos said if we are paying for 10% of this project, we can bet that 10% of the residents
    will be City residents. Regardless of where they live now, they will become City
    residents when they move into these homes. Mr. Tolbert said Habitat reported that of the
    last 17 houses built, 12 are occupied by former City residents. Mr. Tolbert noted that
    Habitat cannot legally require residents to be City residents. Ms. Smith said it is
    important to attend to the preservation of our existing affordable housing stock. She said
    she believes $300,000 is too much money.
    Ms. Galvin said she would like to know when the CDC and the CRHA have
    sorted out the future of the CDC, and she would like to see a plan for how the $250,000
    will be used. She said transitional housing is very important, and Habitat provides this.
    Mr. Norris said Ms. Smith brings up an important point, and he reiterated that
    Council would like to see Habitat work to encourage City residents to occupy their
    homes.
    On motion by Mr. Huja, seconded by Ms. Szakos, the motion passed. (Ayes: Mr.
    Norris, Mr. Huja, Ms. Szakos, Ms. Galvin; Noes: Ms. Smith.)
    7
    REPORT: STORMWATER UTILITY UPDATE
    Ms. Riddervold presented to Council and said this project has been the result of
    work done by Public Works, Neighborhood Development Services, Parks and
    Recreation, and the City Manager’s Office. She reviewed the history of the stormwater
    program and the stormwater utility fee. She overviewed the proposed program fees and
    mechanisms for implementation.
    Ms. Jean Haggerty, project manager with AMEC Environment and Infrastructure,
    presented to Council. She reviewed the decision making process for devising a fee
    structure and discussing what the fees would pay for, the public process, and the work of
    the advisory committee. The advisory committee decided to bond a lot of improvements
    to keep capital costs low. They also discussed a Citizen’s Advisory Committee to
    provide regular oversight and examine how to take a more regional approach to
    stormwater over the long term.
    Ms. Riddervold reported on community engagement efforts. A 13-member
    advisory committee representing a cross-section of interests in the community was
    engaged to review and provide feedback on utility recommendations. A dedicated utility
    proposal webpage was re-activated at www.charlottesville.org/stormwater. FAQs are
    available as well as a link to a web-based GIS tool that provides parcel-specific
    information about impervious surfaces, the number of associated billing units, and a
    potential annual fee range. Two focus group meetings were held in late November, and
    two drop-in informational open house sessions were also held in November at CitySpace.
    Implementation of a utility fee requires adoption of a City ordinance. There will
    be two readings of the ordinance and opportunity for comment at a public hearing on the
    proposal. A public hearing is scheduled for January 22, 2013.
    Mr. Huja said this is a very important policy decision, and he prefers there be a
    Council work session before making a decision. Ms. Smith said she generally favors this
    plan. She asked Ms. Haggerty if the new EPA ruling on stormwater would affect the
    Chesapeake Bay TMDL. Ms. Haggerty said it would not. Ms. Smith asked if raising
    bonds would affect our ceiling. Ms. Haggerty said this has been discussed with the
    City’s Finance staff, and there would be no significant effect.
    Ms. Szakos asked if this would mean taxes on gas would decrease. Ms.
    Riddervold said it would simply mean that there would be no more gas dollars going
    towards stormwater.
    Ms. Smith asked if the properties that are exempted by law include the schools.
    Ms. Riddervold said the fee will be waived for City of Charlottesville properties,
    Albemarle County properties, and a few others. However, three of the nine school
    properties are owned by the School Board and are therefore subject to the utility fee.
    8
    Ms. Szakos said the online GIS viewer provides citizens with an estimate of what
    they would pay if this fee is enacted, and it was very helpful. She asked if assessments
    could be appealed based on discrepancies. Ms. Riddervold said they would have a
    mechanism for this. Ms. Szakos clarified that the bonds would pay for infrastructure
    work spanning ten years, but we would pay for it for 20 years, increasing the length of
    time but decreasing the amount we would have to pay. Ms. Szakos asked if a hardship
    clause would be permitted. Mr. Brown said due to the nature of enabling legislation, if
    Council wishes to enact hardship clauses, they should do so in a separate ordinance.
    Ms. Galvin said she is impressed with the process. She asked if the utility fee
    could carry a sunset clause. Ms. Haggerty said the rates could go down, and rates should
    be reexamined every three years to determine appropriate rate levels. Ms. Galvin asked
    about cost sharing, and Ms. Haggerty said their studies show that this has been done
    successfully in other similar situations. Ms. Galvin asked if the committee made
    decisions based on consensus. Ms. Riddervold said that was the case.
    Mr. Huja said he is concerned that we have not discussed financing, and he would
    like to hold a work session. Ms. Szakos said if we slow down the process at this point,
    we will not have a decision in time to adopt it into the budget.
    Mr. Norris asked for examples of what rates would be for larger property owners
    or commercial property owners. Ms. Riddervold said it would be from $6,000 - $13,000 a
    year. She said all properties are being treated the same, regardless of their use. Mr. Norris
    said this is not true because there are exemptions. Ms. Riddervold said legislation
    requires us to waive the fee for those exempt properties.
    Ms. Smith asked Mr. Brown if there is any legal implication to imposing a new
    fee that looks like a tax. Mr. Brown said in a case involving Chesapeake, the Attorney
    General opined that this is a service fee, not a tax. Ms. Smith said she agreed that
    financing was complicated and should be discussed further.
    Ms. Galvin asked Mr. Jones if we can schedule a work session so that we do not
    lose time in terms of our current budget cycle. Mr. Jones said if there is flexibility, we
    may be able to schedule one. Ms. Galvin said it would be helpful to see a model
    ordinance.
    Mr. Norris said this will be perceived as a tax increase to the average citizen. He
    said if we are going to increase funding, there are better uses for the money. We should
    use the same approach we have used with energy conservation, setting out a more
    aggressive repair schedule and incentive-based approaches to paying for this
    infrastructure. Just because the state has said we can implement this new tax does not
    mean we should.
    Ms. Galvin said this could provide an incentive for people to improve their
    properties, redevelop our corridors, and accelerate development. Taking care of
    infrastructure is a very basic function of government.
    9
    Ms. Szakos said she does not see the point of asking committees to dedicate
    unpaid time to important processes if we are going to ignore their advice.
    Mr. Norris said there are a lot of property owners who will not see this coming.
    He said we should be sure there is aggressive communication about the public hearing.
    He said he is not convinced we need a fee to accomplish our stormwater goals.
    Ms. Szakos, Ms. Galvin, and Ms. Smith agreed that Council will have a public
    hearing at the next Council meeting, using the higher rate amount in the public hearing
    advertisement.
    REPORT: SECTION 3 POLICY UPDATE
    Ms. Tierra Howard, Section 3 Coordinator for the City, presented to Council. She
    highlighted the goals and accomplishments of the Section 3 program and discussed
    current and future initiatives. Goals include hiring low and very low-income workers,
    award contracts to Section 3 businesses, and provide additional economic opportunities
    as stipulated. Ms. Howard described the Section 3 Steering Committee, which was
    established last year, the newly created Standard Operating Procedures, and the work she
    has done with community building.
    Mr. Norris asked Ms. Howard if there is a role helping connect businesses with
    other outside opportunities. Ms. Howard said they are working on implementing
    structures that will allow businesses to be competitive in the local contracting workforce.
    Ms. Galvin said Section 3 creates exciting possibilities, and staff needs to think
    about the scale of their projects. This is a phenomenal opportunity that can benefit from a
    larger framework.
    Ms. Smith asked if there is equal opportunity for women to obtain construction
    jobs. Ms. Howard said there is. Section 3 also generates administrative opportunities.
    Ms. Szakos said Council hoped the HUD regulation would enjoy a broader
    definition, and she thanked Ms. Howard for pushing on this point.
    MATTERS BY THE PUBLIC
    Ms. Pat Lloyd, Ridge Street neighborhood, said she attended a public meeting on
    the stormwater utility fee. She said we need to remember that some people would be
    affected by even a nominal increase in their finances. She said most of her neighbors do
    not know this is impending.
    10
    Mr. Peter Kleeman, 407 Hedge St., said an incentive program is a great idea, but
    it should be oriented toward future costs, not old costs. This is a great opportunity for
    Council to direct budget surplus money to pay for maintenance backlog.
    Mr. Scott Bandy, 1639 Cherry Ave., asked if a drought would affect the
    stormwater utility rates.
    COUNCIL RESPONSE
    Ms. Szakos said the rates would not go down in case of a drought.
    The meeting was adjourned.
    Clerk of Council
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    1
    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Tuesday, January 22, 2013, 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 22, 2013
    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. Galvin, seconded by Mr. Szakos, Council voted, (Ayes: Mr. Huja, Mr.
    Norris, Ms. Galvin, Ms. Smith, Ms. Szakos; Noes: None), to meet in closed session for (1)
    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, (2) The annual performance
    evaluation of the City Manager, as authorized by Va. 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, Ms. Smith, Ms. Galvin, 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 22, 2013
    Council met in regular session on this date with the following members present: Mr.
    Norris, Ms. Galvin, Mr. Huja, Ms. Smith, and Ms. Szakos.
    AWARDS/RECOGNITIONS
    Ms. Linda Seaman presented the names of the Charlottesville Scholarship Program
    recipients to Council.
    Ms. Szakos announced the Planning Commission meeting about the Comprehensive Plan
    on Thursday, January 31 at 4:00 p.m., in the Water Street Center. She also announced the
    Carver Recreation Center is open. She expressed appreciation for the 16 young people who
    joined the Youth Council. They had their first meeting last week.
    Ms. Smith said if you join Carver Recreation Center, you also get access to Smith
    Aquatic Center on Cherry Avenue. She said there is a video called "All People Matter",
    2
    featuring 13 Charlottesville children, in response to the Sandy Hook Elementary tragedy. Go to
    Facebook or YouTube to watch the video.
    Ms. Smith also announced the annual Point in Time survey, which will collect data on the
    homeless population in our community and provide a brief assessment of the services available
    to them. This will take place January 23-25, and volunteers are requested for help.
    On motion by Mr. Norris, seconded by Ms. Szakos, the following Council appointments
    to boards for 2013 were made (Ayes: Mr. Norris, Ms. Szakos, Ms. Galvin, Mr. Huja, Ms. Smith;
    Noes: None):
    Albemarle/Charlottesville Regional Jail Authority Szakos
    Audit Committee Huja & Szakos
    Charlottesville Community Scholarship Program Szakos
    Charlottesville Redevelopment and Housing Huja
    Citizen’s Advisory Panel Norris
    C’ville Development Corporation Galvin
    Darden Towe Park Board Smith & Szakos
    Dialogue on Race Steering Committee Smith
    Housing Advisory Committee Szakos
    JABA Board of Directors Huja
    Jefferson Area Community Criminal Justice Board Norris
    LEAP Advisory Board Smith, Norris
    Metropolitan Planning Organization Huja & Szakos
    Piedmont Area Workforce Council Galvin
    Planning and Coordinating Council Huja & Szakos
    Retirement Commission Smith
    Rivanna River Basin Commission Smith & Norris
    Rivanna Solid Waste Authority Galvin
    Rivanna Water and Sewer Authority Galvin
    School Capital Projects Galvin & Norris
    Social Services Advisory Board Smith
    Thomas Jefferson Planning District Commission Galvin
    Virginia First Cities Szakos (Norris, alternate)
    MATTERS BY THE PUBLIC
    Ms. Naomi Roberts, 1140 St. Clair Ave., said she was unhappy with the amount of
    money spent on the 250th celebration. City employees have not gotten raises, and our
    infrastructure is falling apart.
    Mr. David Swanson, 707 Gillespie Ave., asked Council to support a resolution adopting
    prohibitive legislation regarding the domestic use of drones. The ease of using drones will result
    in abuse and corruption.
    3
    Mr. John Heyden, 1429 Westwood, said taxpaying residents should be given priority on
    the Matters by the Public list. He said when people do not agree with one another, the
    conversation degenerates to name calling.
    Mr. John Amidon, 25 Melrose Ave., Albany, NY, said he is a veteran of the USMC.
    He said he is distressed by the use of drones by our federal, state and local governments. He
    urged Council to adopt a resolution restricting or banning the use of drones.
    Mr. Brandon Collins, 418 Fairway Ave., said he is speaking on behalf of PHAR. He
    said that it was very upsetting for Mr. Norris not to be reappointed to the Housing Authority.
    The Strategic Investment Area (SIA) is moving forward, and the Housing Authority was asked to
    make appointments to the SIA Steering Committee. However, the Housing Authority shut out
    residents from this process.
    Ms. Eleanor Amidon, 931 Tanbark Dr., Afton, thanked Council for passing the
    resolution against uranium mining in Virginia. Nelson County BOS did the same recently, and
    she urged citizens to contact their state legislators to protest proposed legislation lifting the ban.
    She said our civil rights are being eroded by the federal government, and she urged Council to
    pass a resolution restricting the use of drones.
    Mr. Ray Drumheller, 143 Kingsbury Dr., Waynesboro, said he is the owner of
    Drumheller's Towing in Charlottesville. He thanked Council for appointing him to the Towing
    Advisory Board. He said the board is at their service.
    Ms. Rebecca Quinn, 104 4th St., said she is pleased that the RWSA Executive
    Director is presenting a quarterly report to the Councilors. She said it should become a regular
    item on Council's quarterly agenda. She said it is troubling that Mr. Frederick has scolded
    Council and the Board of Supervisors for spending time on cost share negotiations. She said we
    know nothing about our water consumption. Also, Mr. Frederick has been silent on the Ragged
    Mountain Dam project. We should at least know if the expected increase in local and regional
    jobs has come to be.
    Mr. Scott Bandy, 1639 Cherry Ave., said the Council was over-cautious and faltered
    over the forming of a Human Rights Commission. This decision should be put to a referendum if
    they cannot decide on this issue.
    Mr. Charles Weber, 601 Locust Ave., said he is speaking on behalf of the "John
    Pfaltz for Treasurer Campaign". He said the December utility bills distributed a message stating
    Mr. Vandever's appointment as Treasurer. He offered proposed language for an amended
    statement in the January bills, to include an election announcement and a summary of Mr.
    Pfaltz’s qualifications.
    Ms. Marie Chapel, 1029 Hazel St., said she supports the Stormwater Utility Fee. She
    asked Council to add more money to the toxic waste pick-up fund, which also affects our
    groundwater.
    4
    Mr. Joe Drago, 2703 Westmoreland Rd., said he supports a resolution prohibiting the
    use of drones. He said our government is being controlled by thugs and the mafia. Fascism is
    here in our community.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Ms. Smith said she is interested in examining the drone resolution. She thanked Ms.
    Amidon for thinking the City is forward looking on issues. She thanked Mr. Drumheller for
    serving on the Towing Advisory Board. She thanked Ms. Quinn for her comments and said she
    will be sure her questions are asked. She said she agreed with Mr. Weber that we should be sure
    everyone knows about the upcoming election. She thanked Ms. Chapel for her suggestion on
    hazardous waste.
    Ms. Szakos clarified for Ms. Roberts that the City funding for the 250 Anniversary
    was in addition to many private donations. She agreed that our retirees and employees deserve a
    raise. She said she is not compelled to address the issue of drones because there is not a proposal
    to use them in our community. She thanked Mr. Collins for his explanation of what happened
    with the Housing Authority and PHAR. She said Council's appointment to the Housing
    Authority was a unanimous decision. She thanked Mr. Drumheller for serving on the Towing
    Advisory Board. She said it is a good idea to have a note about the election in the next utility bill
    but does not believe it should include a biography of the candidates.
    Ms. Galvin said she agreed with Mr. Weber that the City should get the word out
    about the upcoming election. She addressed Mr. Collins' comments about the SIA. Council
    requested that the Housing Authority provide names in October, but after two months no names
    had been submitted. Council was committed to the Housing Authority's participation. The
    Housing Authority consulted with PHAR, but they did not return to the Housing Authority for
    confirmation. She said she does not feel the drone resolution needs to be a focus at this time.
    Mr. Norris thanked the speakers who came out to speak about drones. He said it
    would behoove us to get in front of this issue and put safeguards in place. There is a bill in the
    General Assembly addressing the use of drones and seeking to put regulations in place. He
    asked Council to examine what can be done on a local level. This is an important privacy and
    civil liberty issue. He told Mr. Heyden he does not recall him speaking about race and
    apologized if he took his comments personally. He said the PHAR residents should be involved
    in the SIA committee member selection.
    Mr. Huja said he agreed that we need to think proactively about the drone issue and
    supports a resolution.
    CONSENT AGENDA (Ayes: Mr. Huja, Ms. Szakos, Ms. Galvin, Mr. Norris, Ms.
    Smith; Noes: None.)
    a. Minutes for January 7
    5
    Minutes for January 7
    b. APPROPRIATION:
    Reimbursement for Attendance to the International Code Conference $1,927.01
    (2nd of 2 readings)
    APPROPRIATION: Reimbursement for Attendance to the International Code Conference
    $1,927.01 (2nd reading)
    c. APPROPRIATION:
    Reimbursement to City for American Planning Association Web Training Sessions -
    $960 (2nd of 2 readings)
    APPROPRIATION: Reimbursement to City for American Planning Association Web Training
    Sessions - $960 (2nd reading)
    d. APPROPRIATION:
    Bank On Greater Charlottesville Funding from the Coalition of Economic
    Opportunity, C/O the Legal Aid Justice Center - $20,500 (2nd of 2 readings)
    APPROPRIATION: Bank On Greater Charlottesville Funding from the Coalition of Economic
    Opportunity, C/O the Legal Aid Justice Center - $20,500 (2nd reading)
    e. RESOLUTION: MAP-21 Grant Application for Construction of McIntire Park
    Trail Bridge over Norfolk- Southern Railroad (1st of 1 reading)
    RESOLUTION: MAP-21 Grant Application
    f. ORDINANCE:
    Relocate Carver Precinct to Carver Recreation Center (2nd of 2 readings)
    ORDINANCE: Relocate Carver Precinct to Carver Recreation Center (2nd reading)
    PUBLIC HEARING / ORDINANCE: Stormwater Utility
    PUBLIC HEARING / ORDINANCE* Stormwater Utility
    Ms. Riddervold presented to Council on the Stormwater Utility fee implementation
    proposal. She reviewed water quality issues and regulatory mandates, stormwater management
    facilities, and current stormwater funding support.
    Ms. Jean Haggerty, AMEC, gave an overview of the funding proposal for Council.
    She reviewed program priorities, funding options and the role of the Citizen's Advisory
    Committee. She reviewed the proposed five-year program additions and discussed options for
    funding enhanced services. The committee's task was to evaluate a stormwater utility fee. They
    6
    recommended a mechanism for dividing the costs and setting billing units according to the
    impervious area on developed properties.
    Ms. Haggerty gave two options for rate models, one that included funding from the
    General Fund and one that relied fully on utility fees. The vast majority of City residents would
    be charged for three billing units or less. She reviewed possible incentive programs and
    alternative funding options. She also gave a summary of the advisory committee's
    recommendations.
    Ms. Riddervold reviewed the proposed stormwater utility ordinance. The proposed
    effective date is January 1, 2014. She said this has been a very public process, and many
    community members have engaged on this topic.
    Ms. Smith asked how much of our current tax dollars have been used for storm water.
    Ms. Riddervold said $830,000 was used from the General Fund.
    Mr. Norris asked if there were other options in addition to the utility tax the
    committee was tasked with considering. Ms. Riddervold said the 2008 committee spent a
    significant amount of time on researching a variety of approaches, so this committee focused on
    what the recommendation was from the 2008 committee. Since the decision in early 2008, there
    has been $1.35 million total spent.
    Ms. Smith asked what dollar value in bonds is proposed as part of this plan. Ms.
    Haggerty said $3.4 million for the lower rate, or $4.2 for the higher rate for the first five years.
    We are proposing to bond about 50% of what could be bonded.
    Mr. Norris asked what our current debt ceiling is when it comes to bonding authority.
    Mr. Jones said 8%, but this would not be counted as part of the debt service because it is a utility
    fee.
    Ms. Szakos said many emails Council has received have been positive. The City
    properties could not be included because they are not allowed to impose fees on themselves, but
    the General Fund contribution could ameliorate the deficit.
    Ms. Galvin asked Ms. Riddervold about a standing committee. Ms. Riddervold said
    Council may commit to establishing a standing committee but not officially codifying it.
    Mr. Huja said the headline saying he was opposed to this fee was inaccurate.
    Ms. Smith asked if we have a percentage of the total impervious surface that will not
    be imposed with a utility fee. Ms. Haggerty said they will get the number for Ms. Smith.
    On motion by Mr. Huja, the public hearing was opened.
    Mr. Jack Brown, 1505 Dairy Rd., Chair of the Rivanna Conservation Society, said the
    Water Resources Protection Program is simple, fair, and well-reasoned.
    7
    Mr. Kirk Bowers, 106 George Rogers in the county, said he represents the Sierra
    Club. He has worked in the stormwater field since 1984, and he read a statement from the Sierra
    Club in support of the stormwater fee. He encouraged public education on stormwater and its
    effects.
    Ms. Daphne Spain, Professor of Urban Planning at the University of Virginia School
    of Architecture, said she and several of her students support this important initiative.
    Mr. Patrick Calvert, 1501 Greenleaf Ln., with the James River Association, said a
    great deal of work has been done to the Meadowcreek stream, but stormwater has caused a lot of
    damage. This is a fee that has been carefully and equitably designed to restore our rivers and
    streams. He asked Council to capitalize on this opportunity.
    Mr. Rey Barry, 1561 Dairy Rd., said taxation and fees are not different. He said we
    need to examine the proposed method for setting the fee. His property does not contribute to the
    City's stormwater, but he would be charged for it.
    Mr. Peyton Williams, 108-B Oakhurst Cir., urged Council to approve the Water
    Resources Protection Plan and the stormwater utility fee. Pollutants from runoff waters threaten
    our ecosystem, and they must be addressed.
    Ms. Dan Sweet, 1413 Forest Ridge Rd., said he supports the Water Resources
    Protection Program and the stormwater utility fee.
    Ms. Rebecca Quinn, 104 4th St., said she supports the stormwater utility fee. She said
    she is relieved to hear that Council is considering contributing General Funds to the stormwater
    fund. Reevaluate zoning and code requirements to reduce the requirements for vast areas of
    unused impervious surfaces. She said she supports the Citizen's Oversight Committee.
    Ms. Laurel Woodworth, 4646 Buddy’s Place, said she helped Albemarle County staff
    inspect stormwater practices. This is an issue that is invisible to most people. She supports a
    stormwater utility fee. Virginia has 18 other counties with dedicated stormwater funds.
    Mr. John Pfaltz, 1503 Rugby Rd., said the City has not made our infrastructure a
    priority. The $3.8 million surplus had nothing allocated to wastewater. He said the City
    regularly takes over $3 million from our gas fees. He said he supports a fee, but it should be tied
    to specific projects.
    Mr. Trey Steigman, 102 South 1st St., said he is here representing the Blue Ridge
    Apartment Council (BRAC). He said BRAC is the single largest stakeholder in the City that
    would be impacted by the stormwater utility fee. He said no properties should be excluded from
    the funding mechanism. New program costs should be funded by a bond mechanism and a utility
    fee to keep the lowest possible rates for property owners. The General Fund should continue to
    supplement costs. He also supported a sunset clause and an oversight committee.
    8
    Mr. James Nix, 2402 Kerry Ln., said he supports the stormwater utility fee ordinance
    for environmental and other reasons. This fairly reduces our impact on local streams and the bay.
    Mr. Rick Jones, 1658 State Farm Blvd., said he was a member of the 2008 Advisory
    Committee and this year's committee. He said he does not support establishing a utility fee as a
    way to pay for programs we should have been doing for fifteen years. We have a surplus each
    year, and we should find a different way to pay for it.
    Ms. Joanna Salidis, 129 Goodman St., said she supports the proposed stormwater
    utility fee. This is the best method because it directly ties the fee to the source of the problem.
    Green infrastructure solutions must be implemented holistically. Property owners who do not
    own cars or couples with only one car should receive credit.
    Mr. David Hirschman, 1107 Calhoun St., said he supports the stormwater utility fee.
    He said communities that do not have a dedicated funding source are often caught without
    resources to develop robust stormwater utility programs.
    Ms. Garnett Mellen, 1107 Calhoun St., said she has experienced aging infrastructure
    at her home, and impervious surfaces make a huge difference. The fee would address these
    issues, help properties avoid flooding, and promote stream health.
    Ms. Pat Lloyd, 924 Raymond Rd. in the Ridge Street neighborhood, said she is in
    favor of responsible stormwater management. She said many low income families may not be
    able to afford this additional fee. Other changes are coming down through the state that will
    increase the financial burden on low income citizens. Please provide a mechanism for relief to
    these citizens.
    Mr. Ned Ormsby, 500 Druid Ave., said he is speaking on behalf of the James River
    Green Building Council (JRGBC). He said the proposed stormwater utility fee creates equitable
    equations based on a property’s contribution to local water shed pollution. JRGBC supports the
    ordinance.
    Mr. Morgan Butler, 1500 Jamestown Dr., speaking on behalf of the Southern
    Environmental Law Center, asked Council to approve this ordinance without delay. It addresses
    a serious environmental problem and plugs a growing fiscal hole.
    Mr. Bill Emory, 1604 E. Market St., said he fully supports the stormwater fee. He
    said it is important to educate citizens on where pipes empty their stormwater.
    Mr. Brandon Collins, 418 Fairway Ave., said this is a good first step to address the
    stormwater crisis. However, this is not equitable for low income residents. A dedicated funding
    source is a good idea, but we need to find a way to grant waivers to low income residents, as well
    as the elderly and disabled. These groups are the least likely to be able to fund changes that
    would give them credit.
    9
    Mr. John Heyden said go to charlottesville.org/gis to look up your address and view
    your proposed fee.
    Ms. Naomi Roberts, St. Clair Ave., asked how the City will handle stormwater runoff
    from City streets onto private property.
    Mr. Charles Weber, 601 Locust Ave., said he does not disagree with any of the
    comments made this evening. He asked if we can use a measure to determine if we are in fact
    reducing pollutants.
    Mr. Angus Murdoch, Fluvanna County resident, said he is pleased with the progress
    we have made. He urged the City and others who are partners in RWSA to keep funding local
    monitoring initiatives so we can see if our efforts are working.
    Mr. Charlie Armstrong, President of the Blue Ridge Homebuilder's Association, said
    they support the stormwater utility fee. The 40% credit that is part of the proposed fee structure
    for those who treat their own stormwater is inadequate. We should give people who fully treat
    their own stormwater a healthy incentive to do so. He asked Council to increase the credit to
    80%.
    Mr. Jim Moore, Hazel St., said he does not feel there has been enough time for staff
    to evaluate the work done by the committee and staff. He supports the concept, but this is only a
    halfway solution. This should not be evaluated off-budget and should not be funded as if it has
    its own set of priorities.
    Mr. Scott Bandy said this is not headed in a good direction.
    Having no further speakers, the public hearing was closed.
    Ms. Szakos said she has always focused on the need for an offset for low income
    households. However, she accepts that it cannot be written into the ordinance by law. She asked
    that Council create a special fund or policy to help those in need pay this fee. She supports
    adding the Advisory Committee, particularly to evaluate the need for a sunset provision.
    Ms. Galvin said she strongly supports an advisory committee. We need to find a
    mechanism for providing assistance for people who need support. She supports a blend that
    includes the General Fund. She asked for staff to determine how much of the City street surface
    is exempt. A dedicated fund allows us to be transparent. The PLACE Design Task Force has
    been charged with writing a request for proposal to improve the coordination and documentation
    for creating a green community.
    Ms. Smith said there are issues of fairness, but having a dedicated revenue source is
    important. She said these numbers have been calculated without a contribution from the gas
    fund. We need to examine measuring this by fewer units when they are two or less, because this
    would have a major impact on our lowest assessed households. She said she supports using
    10
    General Fund money. It is important to examine credits. She asked what the total impervious
    surface that will not be charged the fee would be.
    Mr. Norris thanked Ms. Riddervold for her hard work on this proposal. He said this
    is an involuntary fee, because you cannot stop rain from falling on your house, which makes it a
    tax. He is concerned that other alternatives were not considered for covering costs, to include
    finding other sources for this within our budget. Improving our stormwater infrastructure is a
    priority, but we are pulling money from taxpayers for a priority that does not outweigh our
    community's many needs. He cannot support this proposal.
    Mr. Huja said we have been talking about stormwater for at least twenty years, and he
    is pleased to have a proposal that is fair and effective. Infrastructure improvement is an
    important need in our community. He is concerned about financing issues and is also concerned
    about the impact on low income families. He supports a larger credit, over 50%, for property
    owners who take care of their own drainage on site. He supports an oversight committee. He said
    he is interested in exploring Ms. Smith's proposal for the fee being applied based on the exact
    area. A mix of General Fund money and a fee is a more equitable approach. He said we should
    cut property owner tax rates to help offset the new fee.
    Ms. Szakos said she does not support lowering property tax rates because we are still
    contributing money from the General Fund, and there are many priorities we still need to fund.
    Ms. Galvin said Council still needs to discuss a strategic approach to tying our budget
    to our priorities. We need to examine our priorities comprehensively. This particular fee
    addresses a fundamental responsibility, and she cannot tie it to a conversation about cutting
    taxes.
    Ms. Smith asked Ms. Riddervold if the calculation for impervious surface would be
    fine-tuned before implementing the fee. Ms. Riddervold said this went through an extensive
    process in 2009, and there will be another fly-over in 2013 to digitize the most current snapshot.
    Bills generated will come from the most accurate data we can establish. Appropriate corrections
    will be built into the process going forward. Waivers will likely be generously granted in the first
    round of billing. Ms. Haggerty explained the logistics behind the appeals process.
    Ms. Szakos asked if we calculated fees by tenths of a unit, if we would actually pay
    more because of staff time. Ms. Haggerty said we did examine doing it based on a smaller unit,
    and costs increase as the measured unit size decreases. Mr. Huja asked Ms. Haggerty to discuss
    what size other localities use to measure units. She reviewed some other localities. Our approach
    is average. Mr. Huja said he would like to see an adjustment to 500 because of the number of
    small houses in Charlottesville.
    Ms. Smith asked if this can be passed on a first reading with the number of proposed
    changes. Mr. Brown said Council can amend the first reading or defer a first reading in order to
    allow staff to make the necessary changes.
    Ms. Galvin said she would like to see a revised ordinance before Council votes.
    11
    Council deferred a first reading on the ordinance. Staff will return with a revised
    ordinance based on Council's feedback.
    REPORT / RESOLUTION: Transfer from Capital Improvement Program
    Contingency Fund for the Renovation of Buford Middle School and Charlottesville
    High School Science Labs - $3,000,000 (1st of 1 reading)
    Mr. Jim Henderson, Assistant Superintendent of Charlottesville City Schools,
    presented to Council.
    Ms. Smith asked how the $3 million figure was calculated. Mr. Henderson said this
    came from a discussion with the Superintendent and the City Manager. A preliminary design
    estimate came to $3.5 million. Ms. Smith asked if a phased approach has been discussed. Mr.
    Henderson said it is important for us to do something with Buford School now, and we believe
    we can do this for $3 million.
    In response to a question from Mr. Norris, Mr. Henderson said they have put together
    a program that works toward improving engineering, mathematics, and science programs at the
    schools.
    Mr. Huja said he is worried that design firms will not be motivated to come in with
    estimates any less than $3 million once the money is allocated.
    Ms. Szakos said she believes we need to bring in employers that involve living wage
    jobs. We need to show employers that we are making investments in training our workforce. If
    teens are graduating high school with a technical degree, they are employable.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the resolution passed.
    At Ms. Smith's request, Mr. Henderson reviewed the design process for the project
    and outlined the professions of those involved.
    Mr. Norris asked if the labs for Buford and CHS have been updated since the 60s and
    70s. Mr. Henderson said they have not.
    REPORT: RWSA Quarterly Update
    Mr. Frederick presented to Council. He reviewed disinfection byproducts, the annual
    update of RWSA’s five-year capital improvement program, wastewater consent order update,
    and cost share agreements.
    Ragged Mountain Dam construction is on schedule. The clearing has been
    completed, and the tunnel for the new pipeline is also complete. The intake tower is 85%
    complete, and the tower and the tunnel are expected to be in service by spring. Earthen material
    is being stockpiled on site.
    12
    Mr. Frederick updated Council on solid waste services. The City continues to support
    McIntire recycling at about 30% but is not providing public funding for the programs offered at
    the Ivy transfer station. Recently the County has requested to withdraw funding, but it also wants
    to keep a scaled down convenience center open to provide several specific services.
    Mr. Frederick discussed drought mechanisms at Ms. Smith's request.
    Ms. Szakos asked Mr. Frederick to find out how many local jobs contractors are
    providing.
    Ms. Smith asked if the bonds were collateral. Mr. Frederick said what the bonds
    contain is consistent with the judge's order.
    REPORT: Towing Ordinance (1st of 2 readings)
    Towing Ordinance
    Mr. Ellis presented to Council. He thanked the members of the Towing Advisory
    Board and provided Council with background on the process to date.
    Mr. Ellis reviewed the proposed ordinance for Council. Staff and towing operators
    did not agree to the dual signage clause in the ordinance.
    Mr. Norris asked why the police should be called. Mr. Ellis said so people know that
    their car has been towed if they call police to report their car as stolen. Mr. Norris asked for
    clarification on staffing and the budgetary impact. He asked which parts of the ordinance would
    be the most staff-intensive if adopted. Lt. Roberts said investigations would have the biggest
    impact. Mr. Norris asked if this problem is big enough to justify diverting police resources.
    Ms. Smith asked how many parking lots are in the City. Lt. Roberts said at least five
    generate complaints on a frequent basis. Ms. Szakos asked if there are more issues at one parking
    lot compared to another.
    Mr. Huja asked if the registration fee would cover the added expenses for police.
    Ms. Smith asked if a show up fee can be charged if the truck was already waiting at
    the lot. Mr. Harris said it would be difficult to determine whether or not a truck was called or
    was waiting. Ms. Smith asked if we can write a grace period into the ordinance.
    Mr. Robin Wade, P&T Parking Company, said he has never heard of a show-up fee.
    He said a hook-up fee is different.
    Mr. Huja said he objected to Sec 15.403 requiring an additional signature. It is overly
    burdensome.
    13
    Ms. Szakos asked if it could be modified to specify hours of enforcement on the
    additional signature.
    Mr. Norris said he agreed with Mr. Huja.
    Ms. Galvin asked what solutions other counties have devised. Mr. Ellis said
    electronic communication has been established as acceptable confirmation that the towing is
    permitted.
    Mr. Norris asked why an additional signature would be required if the parking lot has
    a contract with the towing company. Mr. Harris said this is a secondary protection. Mr. Huja
    said it still seems too onerous.
    Mr. Jones asked Mr. Ellis to discuss the 15 minute police notification requirement
    with the Towing Advisory Board for feedback.
    Ms. Smith asked if the coordinator is trained in mediation. Lt. Roberts said the
    officer would investigate the complaint from both sides and try to resolve the matter.
    On motion by Ms. Szakos, seconded by Ms. Smith, the ordinance carried over for a
    second reading.
    REPORT: Jefferson School African American Heritage Center Funding Request
    Jefferson School African American Heritage Center Funding Request
    Mr. Martin Burks presented to Council and thanked them for their vision for the
    Jefferson School project. He requested $50,000 from the City of Charlottesville to underwrite the
    administrative and fundraising activities needed to raise the remaining $7.5 million needed to
    sustain the African American Heritage Center and to completely retire the commercial loan for
    the Jefferson School City Center complex.
    Mr. Huja reminded Council that their policy is to limit these types of requests to
    $10,000, but he is willing to waive it. Ms. Szakos reminded him that he voted against the policy
    in the first place.
    Ms. Szakos asked if we could approve a $10,000 contribution and then make up the
    difference through a creative loan structure.
    Mr. Norris said he is not opposed to Ms. Szakos's idea. We always differentiate
    between outside non-profits and contractors performing a public function. He said he thinks it is
    safe to treat this project differently.
    Ms. Galvin said while there is no doubt this is a successful venture, she supports
    adhering to the guidelines we set in our policy. She does support exploring a loan arrangement.
    14
    Ms. Smith asked if there is money in Economic Development to support this project.
    Mr. Jones said we have requested that the foundation complete an abbreviated ABRT
    process.
    REPORT / RESOLUTION: Land Purchase at Kenwood Lane for Greenbelt Trail
    Expansion (1st of 1 reading)
    REPORT / RESOLUTION: Land Purchase at Kenwood Lane for Greenbelt Trail Expansion
    Mr. Gensic presented to Council. Ms. Szakos clarified that this is money we have
    already set aside for parkland acquisition. Mr. Gensic confirmed that this is the case, and we will
    recover some costs by selling the buildable lot.
    The resolution passed unanimously (Ayes: Mr. Huja, Ms. Szakos, Ms. Galvin, Mr.
    Norris, Ms. Smith; Noes: None.)
    The meeting was adjourned.
    Clerk of Council
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    1
    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Monday, February 4, 2013, 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 4, 2013
    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. Galvin, seconded by Mr. Szakos, Council voted, (Ayes: Mr. Huja, Mr.
    Norris, Ms. Galvin, Ms. Smith, Ms. Szakos; Noes: None), to meet in closed session for (1)
    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, (2) The annual performance
    evaluation of the City Manager, as authorized by Va. 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, Ms. Smith, Ms. Galvin, 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 4, 2013
    Council met in regular session on this date with the following members present: Mr.
    Norris, Ms. Galvin, Mr. Huja, Ms. Smith, and Ms. Szakos.
    AWARDS/RECOGNITIONS and ANNOUNCEMENTS
    Ms. Szakos announced the JMRL Big Read event will take place during March. The Joy
    Luck Club, by Amy Tan. Go to jmrl.org/bigread for upcoming events.
    Ms. Szakos announced a public design forum on February 13 for the Belmont Bridge.
    Ms. Smith announced the Charlottesville City Schools Preschool Program is accepting
    applications for the 2013-14 school year. For more information, call 245-2813 or go to
    charlottesvilleschools.org; applications are due March 1.
    2
    Ms. Smith announced the First Annual City Market Art Show from 10:00 a.m. – 5:00 p.m.
    this Saturday and Sunday at the Jefferson School.
    On motion by Mr. Norris, seconded by Ms. Smith, the following appointments were made
    to Boards and Commissions: to the Airport Commission, George Benford; to the Citizen’s
    Advisory Panel, Heather Walker; to the CDBG Task Force, Sarah Malpass; to Region 10, Gigi
    Davis. (Ayes: Mr. Norris, Ms. Smith, Ms. Szakos, Mr. Huja, Ms. Galvin; Noes: None.)
    Ms. Galvin invited Mr. Wes Bellamy to make an announcement. On February 16 from
    10:00 a.m. – noon, HYPE will have their first monthly “Real Men 101” session for young men
    ages 11-18 at the Carver Recreation Center inside Jefferson School. The seminar is free, and
    breakfast is provided.
    Mr. Huja invited Mr. Alex Zan to speak on his video, "All People Matter". He had the
    children from a video he produced introduce themselves. Look for APM-28 on YouTube to see
    the video.
    Mr. Huja announced the City of Charlottesville received a Crystal Award for Energy and
    Sustainability for their commitment to environmental stewardship. Ms. Riddervold was present
    to accept the award.
    MATTERS BY THE PUBLIC
    Ms. Naomi Roberts, 1140 St. Clair Ave. said she is against the stormwater fee. The elderly
    are having trouble paying their utility bills as it is, and there is damage to personal property
    because of runoff from City streets. She said she does not think we should have made a
    resolution against drones.
    Ms. Carole Thorpe, 1318 Oak Tree Ln., said she is speaking on behalf of the Jefferson
    Area Tea Party of Charlottesville. She said we have a spending problem, not a revenue problem.
    Families are already having a difficult time financially, and the stormwater fee will make things
    worse.
    Mr. John Heyden, Westwood Rd., said he is against the stormwater fee, and that the middle
    class will have to pay the most. He said he refuses to pay this tax.
    Mr. David Swanson, 701 Gillespie Ave., said he supports the resolution against the use of
    drones and thanked Council for addressing the matter. We should act before it is too late.
    Ms. Jamie Morgan, 108 4th St. NE, said she supports a ban on the use of drones to protect
    our civil liberties.
    Mr. Uhuru X, formerly known as Marco Brown, Homeless, said housing and job searches
    are primary issues for the homeless.
    3
    Mr. Ted Jones, 201 Hillcrest Dr., representing the North Downtown Resident Association,
    said the impending construction near the interchange is going to significantly impact the
    vegetative buffer to his neighborhood. This is an entry corridor, so this serves as a gateway
    project. He asked Council and staff to identify key trees on the border of the project and
    implement a tree protection plan.
    Mr. Michael Khavari, 1029 B Preston Ave., said he supports a ban on drones. It is a local
    issue as well as a national issue.
    Mr. Ryan DeRamos, 2221 Hill St., said he agrees that drones should be banned. He said
    we will soon be living under drones if we do not resist now. He recounted the negative impact of
    drones in other countries.
    Mr. Tony Russell, 1404 Grace St., in the Burnley-Moran neighborhood, said he is against
    the use of drones. He said this issue does not follow party lines, and we should prove ourselves
    worthy of our inheritance by taking a stand.
    Mr. Kenneth Jackson, 731 Orange Dalle Ave., said RAISE has come from the missing
    persons DeShad Smith case. The community needs to come together across boundaries with the
    Police Department and city officials to make Charlottesville a better place to live.
    Mr. Brandon Collins, 418 Fairway Ave., said he is opposed to drones. This is more than a
    national issue; this is a local issue, and it is important to speak out against something that will
    have a major impact on our community.
    Mr. Michael Khavari, 1029 B Preston Ave., a policy analyst for the Rutherford Institute,
    said he is in favor of the resolution against drones. This is a chance for Charlottesville to act
    locally in order to make a statement nationally.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Ms. Smith thanked Mr. X for coming to speak about the homeless community.
    Mr. Norris said it is not fair to criticize budgetary decisions when championing costly
    projects. We have to keep things in perspective.
    Ms. Galvin acknowledged Mr. Jones's comments about Birdwood, and she would like
    follow-up on a tree survey.
    Ms. Szakos said it is important to remember that all people matter.
    Mr. Huja asked staff to meet with Mr. Jones's neighborhood.
    CONSENT AGENDA* (Items removed from the consent agenda will be
    considered at the end of the regular agenda.)
    4
    a. Minutes for January 22
    Minutes for Jan 22
    b. APPROPRIATION: Contribution for Urban Forest Improvements and
    Invasive Species Removal in Riverview
    Park -$4,000 (1st of 2 readings)
    Riverview Donation
    c. APPROPRIATION: Contribution from the American Heritage Foundation for
    the Charlottesville Fire Department
    Wellness and Fitness Program -$5,000 (1st of 2 readings)
    Contribution from the American Heritage Foundation for the Charlottesville Fire
    Department Wellness and Fitness Program
    d. APPROPRIATION: Appropriation of CACVB Fund Balance -$100,000 (1st of
    2 readings)
    Appropriation of CACVB Fund Balance
    e. ORDINANCE: ECC Cost Allocation Agreement between City and County
    (1st of 2 readings)
    ECC Cost Allocation Agreement between City and County
    On motion by Ms. Galvin, seconded by Mr Norris, the consent agenda was approved.
    (Ayes: Mr. Norris, Ms. Galvin, Ms. Smith, Ms. Szakos, Mr. Huja; Noes: None.)
    PUBLIC HEARING / Human Rights Commission (1st of 2 readings)
    ORDINANCE*
    PUBLIC HEARING / Human Rights Commission
    Mr. Ellis presented to Council. He reviewed the work of the Human Rights Commission
    and gave an overview of how the commission would function. The recommended allocation is
    $180,000 for staffing and administrative costs.
    Mr. Norris clarified that the proposed ordinance does not provide for protection against
    discrimination based on sexual orientation and asked why. Mr. Ellis said the state needs to
    provide enabling legislation in order for the City to do so. Mr. Norris asked what would happen
    if we added it without the enabling legislation. Mr. Brown said it would likely be challenged the
    first time it was enforced.
    5
    Ms. Smith asked how we would be able to enforce this at the schools without their express
    consent. Mr. Ellis said we have a good working relationship with the schools, and we should be
    able to include them.
    On motion, public hearing was opened.
    Mr. John Heyden, Westwood Rd., said this is more about responsibility than race. He said
    there is not a conspiracy against minorities.
    Mr. Rick Jones, member of the Human Rights Task Force, said the ordinance before
    Council is reflective of what was proposed as an advocate model by a minority of the task force.
    He did not support the investigative or punishment aspects that were initially included in the
    majority report, and he was pleased to see the ordinance does not contain this.
    Mr. Kenneth Jackson said he understands why we need a Human Rights Commission when
    he hears people spout nonsense. He said this proposal lacks something, and it needs to go back to
    the drawing board. Virginia law has always played catch up, and you need to include all citizens
    if you want support for the commission.
    Mr. Wilbur Braxville, former police officer of Charlottesville, said he supports a Human
    Rights Commission with enforcement. Many discrepancies exist. It would be helpful to have a
    place to go that would investigate events that occur within our community.
    Mr. Brandon Collins, 418 Fairway Ave., said PHAR supports a Human Rights Commission
    with enforcement power. Everything else relies on having the enforcement power; no one will
    mediate or negotiate without the potential for enforcement. This is only bad for business for
    those businesses that want to practice discrimination.
    Mr. Demetri Hicks, Prince Edward County, said he is in town to push for progress in the
    Dashad Smith investigation. Every city needs a Human Rights Commission. If you set up a
    commission, be sure it is governed from the federal and state levels.
    Mr. Robert Guest, 306 Blasta Rd., said we should not demonize Mr. Heyden. We should
    disagree without being disagreeable. Discrimination does not have to be blatant. An effective
    commission must have enforcement powers, the ability to study and make policy and
    recommendations, and to continue the Dialogue on Race initiative.
    Mr. Jim Shea, 301 Montevista Ave., said the anti-discrimination proposal included in the
    human rights draft was designed more to alleviate the anxieties of people who are already wellserved
    by the status quo rather than address the needs of the minorities in the community. We
    need a policy that meets discrimination head-on.
    Mr. Jeff Fogel, 215 Spruce St., said he supports a commission with enforcement powers.
    He said we can go beyond state law, and the worst that can happen is that they can take us to
    6
    court. He said some of the language restricts the scope of the commission. Other groups of
    people, such as those in poverty, ex-fellons, and the homeless should also be protected.
    Mr. Walt Heinecke, 1521 Amherst St., said the ordinance is unbalanced, symbolic and
    ineffective without a real enforcement mechanism.
    Ms. Holly Edwards, 917 6th St. SE, said she supports the human rights commission with
    enforcement. She shared a "sound bites" poem of her reflections from the evening.
    Ms. Karen Shepard said she is in favor of a commission with enforcement powers.
    Ms. Joy Johnson, 803 Hardy Dr., said she supports a commission with enforcement
    powers. She said discrimination happens in the workplace, on boards and commissions, and in
    our community. Ex-felons are treated horribly, and justice is the opposite of poor. AfricanAmerican
    women have been treated with disrespect in Charlottesville.
    Ms. Connie Rosenblum, 500 S. 1st St., said she supports a commission with enforcement
    powers.
    Ms. Lisa Greene, 216 Chestnut St., said Council should consider the definition of "human"
    when creating a human rights commission. The proposed ordinance only protects some humans
    in the City. The reasons given for not including the LGBT community does not make it right not
    to include them in this ordinance. You can do this because it is the right thing to do, without
    getting approval first.
    Mr. Alex Gulatta, 2110 Tarleton Dr., from Legal Aid Justice said we have created a civil
    rights edifice that is unenforceable.
    Ms. Ebony Williams, University of Virginia student, said we need to do something about
    racism in Charlottesville and create a positive climate for future leaders.
    Ms. Dorenda Johnson, co-chair on the Human Rights Task Force, said she is frustrated by
    inaction. She supports a commission that covers all human rights, not just particular ones. It
    needs to have enforcement powers so that it is not just a facade.
    Mr. Mark Kavit, 400 Altamont St., said he is concerned with cost, and he is also concerned
    that as a property owner, he will be accused of discrimination. He asked what protection would
    be offered for people like him.
    Ms. Amy Sarah Marshall, said she is speaking on behalf of PRIDE. Discrimination against
    the LGBT community exists in several ways. She asked Council to continue the tradition of
    taking a stand and include the LGBT community in the Human Rights Commission.
    Ms. Michele Bates, founder of Fe-Male Perspective, said she supports a commission with
    enforcement powers. She said the community needs to continue assessing itself and ask the hard
    questions.
    7
    Mr. Tony Russell said enforcement is the bottom line. Without enforcement power, people
    will not take this seriously.
    Mr. Scott Bandy, Cherry Ave., said he hopes this Council is prepared to take a straight up
    and down vote after the second reading.
    Ms. Pat Lloyd, Raymond Rd., requested that LGBT persons be included in the ordinance.
    Human rights should be guaranteed to all people.
    Ms. Jamie Morgan said the ordinance should say sexual identity instead of orientation, and
    asked to add queer, trisexual and a-sexual to the list of protected people.
    Having no further speakers, the hearing was closed.
    Mr. Norris gave several statistics that debunked Mr. Heyden's claim that crime was
    committed more often by African Americans than Caucasians.
    Ms. Szakos said the fact that people say we may not have discrimination, and that we
    believe our opinions on this issue are facts, shows that we have not been talking to one another
    enough. The Dialogue on Race (DOR) has stirred racial issues up and brought attention to them,
    not that the issues did not exist before. She said she hopes we are ready to deal with this. She
    supported adding sexual orientation and identity as protected classes. This could be added under
    Section 434 or added to the ordinance itself as a protected class. We do have the EEOC and
    other organizations, but complaints ultimately get sent off somewhere else, and it is not as
    effective as local enforcement. She shared a prayer about mutual respect.
    Ms. Smith said we cover common themes. We have had a lot of input about enforcement.
    No one can say there is not discrimination; now we have to figure out how to deal with it. We
    need teeth to enforce against institutional racism and develop the tools to confront it. She said
    she strongly supports including sexual orientation. She supports having a mechanism to locally
    deal with this. Most conflict can be resolved by mediation, and we should get through at least
    that part locally. Housing and employment are two big discrimination issues. Housing is handled
    well by PHA, but employment still has serious barriers. She said socioeconomic status must also
    be included.
    Ms. Galvin said the big issue is thinking about the magnitude of this concern. It seems to
    be focused on employment. She said research of other localities show that commissions address
    a very low number of issues in reality. Focusing on discrimination as the sole obstacle to
    employment will detract resources from being able to address the real barriers, such as child care
    and transportation. Bad governmental policies build in disincentives to get out of poverty. Lack
    of jobs is a problem as well. She said she would support the present ordinance, when coupled
    with on-site presence of the EEOC once a month. She asked to decouple the funding
    conversation from a decision on the ordinance.
    8
    Mr. Norris said he is frustrated by the mindset that if this does not include enforcement
    powers, it will not be anything more than what we are doing with the DOR. He said there are
    measures we can take to go much further to reduce disparities. We should adopt a model that
    addresses the institutional, systemic discrimination in our City. This ordinance would only
    mirror existing protections. He said we need to include gender identity and sexual orientation,
    and if it is challenged, so be it.
    Mr. Huja said there is no doubt discrimination in this community. He said he would like to
    add gender identity and ex-felons as protected classes. The current proposal handles housing and
    employment issues well. He supports a sunset clause for review of the Commission in five
    years. He supports hiring one full time person and paying experts on an as-needed basis.
    Ms. Szakos said we need to evaluate the core roles of government as we look at our budget.
    We have to pit important things against each other during the budgeting process because of
    limited resources, and that is troublesome.
    Ms. Galvin said we should move money over from the DOR for the position and keep level
    funding. She asked for more information about the mechanics of using local mediation.
    Ms. Smith said she thinks nine members is too small for a human rights commission. She
    asked to add the words "at least", on page one under section 2-432 so that we have flexibility on
    the number of commissioners. She asked for socioeconomic status and geography to be added
    under 2-432 (a).
    Mr. Ellis said Seattle had 15 members on their commission, and Fairfax had ten. Mr. Huja
    said a commission larger than nine people will be hard to manage. Mr. Jones said we envisioned
    work groups.
    Ms. Szakos recommended a change to section 2-431 (a), to remove "pursuant to the
    authority...", in order to add "sexual orientation or sexual identity" as a protected class.
    Mr. Brown said we can keep language as is, but define discrimination on the basis of sex as
    being including but not limited to discrimination on the basis of sexual identity or sexual
    orientation.
    Ms. Smith asked how specific the ordinance should be. She asked for a deletion of the
    stipulation in 2-432 (e) that the Director "must be full time in that capacity", because it limits
    flexibility.
    Mr. Norris asked for stronger language regarding investigating the impacts of public
    policy. Mr. Brown said this might fit well under section 2-434. Mr. Huja and Ms. Smith agreed
    that we should add the language to this section.
    Mr. Norris said we should strengthen section 2-435 regarding an advocate to ensure
    localized enforcement. Mr. Huja and Ms. Galvin said they would need more information before
    supporting this. Mr. Jones said staff will provide more information before the second reading.
    9
    Ms. Smith asked for wording in Section 2-434 (c), about working with UVA or research
    organizations.
    Ms. Szakos said she wanted to add to section 2-434 (a)(2) things that are not illegal but are
    worthy from attention, including but not limited to criminal record, poverty, and other items that
    may not be protected classes per se, but where discrimination exists. Ms. Smith and Mr. Norris
    supported this addition, with the language “including but not limited to”.
    Ms. Galvin asked to add language about literature review of existing studies to avoid
    duplication of effort. Ms. Szakos suggested adding the language "may gather and conduct
    research".
    Mr. Huja asked to remove Sec. 2-437.1. on future enforcement authority. Ms. Szakos said
    she agreed with eliminating the word “future”. Ms. Galvin said we could add a sunset clause
    instead. There was not a consensus for making these changes.
    Mr. Brown confirmed that there was support to change mediation to enforcement authority
    in sections (a) and (b) of Sec. 2-437.1 and make that a current authority. Council gave a general
    consensus to add language about mediation to section 2-435 (c) instead. They asked for staff for
    further research on this point.
    Ms. Smith asked what would happen if the City is accused. Mr. Brown said there is no
    exemption for the City.
    Mr. Huja asked staff to draft changes to the ordinance for a second reading.
    On motion by Ms. Galvin, seconded by Mr. Huja, the ordinance carried.
    PUBLIC HEARING / Route 250 Bypass Interchange at McIntire Road -
    Appropriate $2,598,762.81 and Transfer
    APPROPRIATION* $71,090.07 (1st of 2 readings)
    PUBLIC HEARING / Route 250 Bypass Interchange at McIntire Road
    Ms. Angela Tucker presented to Council. She reviewed the reasons for the appropriation
    and transfer of funds as detailed in the Council memo.
    On motion by Mr. Huja, the public hearing was opened.
    Mr. Mark Kavit, 400 Altamont St., said he is here representing the North Downtown
    Resident's Association (NDRA). The NDRA feels there has been inadequate appropriate
    funding and attention for the entrance corridor in the area.
    10
    Mr. Ted Jones, 201 Hillcrest Rd., said his neighborhood has had good dialogue with City
    staff during this process. Key trees are on the edge of the limits of disturbance. He would like to
    ensure there is a comprehensive tree protection plan within the construction documents. Please
    take care with replanting to be sure they are large enough species. This area could be viewed as a
    linear extension of McIntire Park.
    Having no further speakers, the public hearing was closed.
    Ms. Galvin asked how much the Tree Commission has been involved with this discussion.
    She said the RFP for McIntire Park is in process and asked if this could be folded in as part of
    the RFP. Ms. Tucker said the Tree Commission has been involved. She said this project replaces
    many of the trees, and it has been closely coordinated with the Parks Department.
    Ms. Szakos asked for a visual.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the appropriation carried.
    REPORT / ORDINANCE* Stormwater Utility (1st of 2 readings)
    Stormwater Utility
    Ms. Riddervold presented to Council. She said impervious cover associated with City
    parcels and right of way accounts for about 34% of the total. Reducing the billing size requires a
    redistribution of the billing costs. She discussed the implications of reducing the billing unit to
    500 square feet. She discussed a potential advisory committee. She discussed assistance for
    qualified homeowners. The law does not currently provide for an exemption based on income.
    She introduced Ms. Jean Haggerty.
    Ms. Smith asked for the petition for adjustments to be more specifically liberal.
    Mr. Huja asked if wooded areas should be treated differently than sodded areas. Ms.
    Riddervold said staff will observe for the first year and adjust accordingly. Otherwise you may
    shortchange the program of income.
    Mr. Norris said there should be a bias for measures like tree planting and green
    infrastructure.
    Ms. Smith asked that the application for petition for adjustments be available on the
    website. She asked that the advisory council be formed soon after the fee is approved. Ms.
    Riddervold said that would be the case.
    Ms. Szakos moved to pass the ordinance with the stated amendments. Ms. Smith
    seconded.
    11
    Mr. Norris said if we are going to implement this new utility fee, we should zero out the
    City's general fund contribution and dedicate the funds to the schools.
    REPORT / RESOLUTION* Anti-Drone Resolution (1st of 1 reading)
    Anti-Drone Resolution
    Ms. Smith read the Rutherford resolution. Mr. Huja said this is the best version. Ms.
    Smith suggested language regarding a two year moratorium on the use of drones in Virginia. Ms.
    Szakos did not agree with the added language. She said drones are not the problem, but the
    technology they are using. She said there are good uses for drones.
    Mr. Huja said he supports the basic Rutherford resolution without the modifications
    because it addresses basic personal privacy, which is his primary concern. He said he supports
    adding language about the two year moratorium.
    Ms. Galvin said the Rutherford Institute is simple without making data statements,
    although it still makes statements that are broad and resolute. She said these resolutions have not
    been thoroughly vetted. Anti-federal government has been a sentiment during public comments,
    and she does not share in the distrust of the President and his advisors.
    On motion by Mr. Norris, seconded by Ms. Smith, the resolution passed as revised. (Ayes:
    Mr. Norris, Ms. Smith, Mr. Huja; Noes: Ms. Galvin, Ms. Szakos.)
    REPORT / ORDINANCE* Davis Field Lease Agreement (2nd of 2 readings)
    Davis Field Lease Agreement
    Mr. Daly presented to Council. He reviewed terms of the lease.
    On motion by Ms. Szakos, seconded by Ms. Smith, the ordinance carried.
    REPORT / RESOLUTION* Section 3 Position (1st of 1 reading)
    Section 3 Position
    Mr. Tolbert presented to Council and gave a brief overview of the Section 3 program.
    12
    Mr. Huja asked when the 18 months would expire for the temporary position. Mr. Tolbert
    said June 30.
    In response to a question from Mr. Norris, Mr. Tolbert clarified that the resolution says the
    position will exist; it does not specify the funding mechanism.
    Mr. Huja said he prefers that this compete with other priorities in the budget.
    Ms., Szakos said she thinks this should be a permanent position, and she said the housing
    fund would be an appropriate source for funding.
    Ms. Galvin said she agreed that this position should be permanent. She asked Mr. Tolbert
    to try to anticipate the kind of training that would be necessary for upcoming work projects.
    Ms. Smith said we should support this with bolstered requirements for Section 3, regardless
    of whether or not we are required to do so.
    Mr. Norris said he thinks this should be a general fund position.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the resolution was approved. (Ayes:
    Ms. Szakos, Ms. Galvin, Ms. Smith, Mr. Norris; Noes: None; Abstain: Mr. Huja.)
    REPORT / ORDINANCE* Towing Advisory Board (2nd of 2 readings)
    Towing Advisory Board
    Mr. Ellis presented to Council. He thanked Mr. Drumheller for attending in support of the
    ordinance. Mr. Ellis reviewed the changes Council requested on the first reading. Section 15-
    403 was deleted, Section 15-423 (d) was left the same regarding timing of the call to the police
    department, and Section 15-426 (e) was changed to give towing operators up to five business
    days to provide a photo showing why the vehicle was towed.
    Ms. Szakos said she thought that a second signature could be required during business
    hours, especially if it also allows for electronic communication. She asked how the show-up fee
    could be verified. She asked for a revision requiring a second signature in order to charge a
    show-up fee.
    Ms. Smith said the predatory-style towing seems to be relevant in prepaid lots. The charge
    for towing is excessive.
    Ms. Galvin said the person who parks their car is responsible for returning in time. People
    need to know the rules, and there should be recourse for those who have been wrongly towed.
    13
    Mr. Huja asked if complainants can appeal to the towing board. Mr. Brown said the
    complaint can be forwarded to the Attorney General's office for investigation.
    Ms. Szakos said we need an ordinance, but the budgetary impact of $25,000 is a lot of
    money to enforce this. Mr. Huja asked how many complaints have been received so far. Mr. Ellis
    said there have been 25. Ms. Szakos asked if it would be possible to require these types of lots to
    pay higher permit fees. Mr. Brown said this may come to pass in the near future.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the ordinance passed with the
    amendment of a second signature requirement for charging a show up fee. (Ayes: Ms. Szakos,
    Ms. Galvin, Ms. Smith, Mr. Huja; Noes: Mr. Norris.)
    Ms. Szakos said she hopes they will not actually use $25,000 to implement this ordinance.
    MATTERS BY THE PUBLIC
    Mr. Peter Kleeman, 407 Hedge St., said he examined stormwater in his neighborhood, and
    it contained a lot of organic material that does not come from people's roofs. It takes a lot of time
    for these materials to move through, and pollutants are washed back into the system. This lacks a
    decent incentive program and does not encourage people to make an investment.
    The meeting was adjourned.
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    1
    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Monday, August 19, 2013, 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 19, 2013
    Council met in special session on this date with the following members present:
    Mr. Huja, Ms. Smith, Ms. Galvin, Ms. Szakos, Mr. Norris.
    On motion by Ms. Galvin, seconded by Ms. Smith, Council voted, (Ayes: Mr. Huja, Ms.
    Galvin, Ms. Smith, Ms. Szakos, Mr. Norris; Noes: None), to meet in closed session for (1)
    Discussion and consideration of prospective candidates for appointment to City boards and
    commissions, as authorized by Va. Code sec. 2.2-3711 (A) (1); (2) Discussion of the acquisition
    of real property on Emmet Street near its intersection with Hydraulic Road for public street
    purposes, where discussion in an open meeting would adversely affect the City’s negotiating
    strategy, as authorized by Va. Code sec. 2.2-3711 (A) (3); and, (3) 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 the costs of the Rivanna Pump
    Station, as authorized by Va. 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. Galvin, Ms. Smith, Ms. Szakos, 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 – August 19, 2013
    CALL TO ORDER
    Council met in regular session on this date with the following members present: Ms.
    Smith, Ms. Galvin, Mr. Huja, Ms. Szakos, Mr. Norris.
    2
    AWARDS/RECOGNITIONS
    Ms. Smith read a proclamation for Women's Equality Day. Ms. Kobby Hoffman was
    present to accept the proclamation and thanked Council for their support.
    Ms. Szakos read a proclamation in honor of the 20th Anniversary of the Women's Four
    Miler Training Program.
    Mr. Huja announced the Our Town meeting this Thursday, August 22 from 6-8pm at City
    Space for the North Downtown neighborhood.
    Mr. Huja said the City is accepting applications for the Human Rights Commission. The
    deadline for applying is August 25. Also, the EEOC has monthly hours in Charlottesville every
    second Thursday of the month. Call 970-3333 if you have an employment complaint.
    The Charlottesville Housing Affordability Grant program is now accepting applications.
    Apply by Sept 2, 2013. Call the Commissioner of Revenue’s office at 970-3160 for more
    information.
    On motion by Mr. Norris, seconded by Ms. Galvin, Mr. Huja was appointed to the CCS
    Capital Improvement Program Committee as the Council representative. (Ayes: Ms. Galvin, Ms.
    Smith, Ms. Szakos, Mr. Norris; Noes: None; Abstain: Mr. Huja.)
    Mr. Norris said he would like to explore City recognition of same sex marriages lawfully
    entered into in other states for the purpose of providing benefits. This was added to Other
    Business.
    Ms. Galvin announced that the WRPP Advisory Committee is accepting applications.
    City offices will be closed on Monday, September 2 in recognition of Labor Day. CAT
    will operate on a holiday schedule; trash and recycling services will operate normally.
    Ms. Szakos reminded everyone that Wednesday is the first day of school. It is important to
    be safe driving in the mornings and pay attention, especially near bus stops. Also, the new UVA
    students are arriving Saturday, and undergraduate classes start on August 27.
    Ms. Smith said The Skin is Just the Cover is a book by Mr. Alex Zan, one of
    "Charlottesville's Twelve". This is a story of integration and will be given to all 4th graders in
    October. She thanked Mr. Zan and the DOR action team members for their hard work on this
    project. Ms. Colette Blount, facilitator of the DOR action team, thanked Charlene Greene for
    coordinating book copying. Copies will be available for the public within a week.
    MATTERS BY THE PUBLIC
    Mr. John Heyden, Westwood Rd., gave his opinion about race relations and personal
    responsibility.
    3
    Mr. Khalil Reid, 208 Fairway Ave., said he is disappointed in the availability of the City's
    affordable housing.
    Ms. Lena Seville, Altavista Ave., said the Cville Bus Riders have discussed CAT’s
    proposed changes and believe there are improvements to the original plan. Bus stop location
    information is currently available only online, but it should be available at the Downtown Transit
    Center for those who do not have internet. Preston Avenue needs to maintain two buses.
    Mr. Steven Bach, 1208 Meriwether Street, requested improvements at the Ridge/West
    Main/Water/South Street intersection, particularly at the northwest corner where the new hotel is
    planned. This is a pinch point for motorcycles and bicycles. Five feet should be shaved off the
    corner so the bike lane can be started at the corner. The time for improvement is now.
    Mr. Brandon Collins, 418 Fairway Ave., said systemic and institutional racism is still a
    problem in this town. Also, he encouraged City review of the Housing Authority and is pleased
    to hear this is in the works.
    Ms. Nancy Carpenter, Denali Way, said she supports Ms. Seville's comments about the
    CAT study. She would also like to support her for the potential CAT Advisory Board.
    Transportation and affordable housing are important issues to the low wealth community. There
    are too many unused parking spaces in the area, and this space could be used for affordable
    housing.
    Mr. John Pfaltz, 1503 Rugby Rd., said Mr. Jones's stretch objectives should be made public
    soon. He said sufficient funds should be allocated in the upcoming budget to cover unfunded
    retirement liability.
    Mr. James Quinn, River Ct., said he has issues with the Human Needs Assessment being
    presented to Council this evening. It is good to demand more of our nonprofits, but it is not good
    to rely on them solely to determine the needs of the community. We should ask the community
    members who use services, not the providers of those services. We need to demand that
    organizations prove their successes.
    Ms. Cathy Welch, 2924 Idlewood Dr., said the approval of CAT's new Route 11 is fast,
    reliable and pleasant as promised. This should not be viewed as a County route because it
    benefits City residents as well. The County is not contributing as much as they should. Routes
    like this are important.
    Ms. Annette Willcox, 1400 Monticello Rd., said there should be a bus stop at Pen Park.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Ms. Szakos said she understands Mr. Reid's frustrations about affordable housing. Most
    housing is privately owned, and the City cannot set rents. The effects of the City's efforts are
    gradual. She said the Transit Center should have a large poster with the bus route and stops. She
    4
    was interested in revisions at the Lewis & Clark intersection, but she could not quite follow the
    suggestion. She said Council has addressed the City Manager's stretch objectives. She said she is
    perplexed by the figures Mr. Pfaltz continues to bring forth about the Retirement Fund. She is
    delighted about Route 11 and would also like to examine a Pen Park bus stop.
    Mr. Norris asked staff to look into Mr. Bach's comments. He said he is also interested in
    exploring what can be done to improve the Ridge Street/West Main intersection. Ms. Galvin
    said this is a key component of the West Main intersection project. He asked staff to follow up
    on other intersections mentioned in Mr. Bach's memo. He thanked Ms. Seville for her comments
    on transit and said it would be helpful to spell out where the bus stops are.
    Ms. Smith said she looks forward to the CAT discussion, and there will surely be tweaks
    that need to be made. She thanked Mr. Quinn for coming and said she shares some of his
    concerns.
    Ms. Galvin said the West Main Improvement Project is a multi-faceted team that will
    address multi-modal transportation planning. She said Mr. Quinn raised points we need to
    consider and thanked him for his insight. She said even though we may not agree with what
    people say, there must be a tolerance for free speech.
    Mr. Huja said he supports Mr. Bach's ideas for bike infrastructure and will follow up on
    those concerns. Also, he supported Ms. Seville's application to the CAT Advisory Committee.
    Also he supports Mr. Quinn's comments.
    Mr. Jones said a more detailed report on his stretch objective will be on the September 3
    Council agenda.
    CONSENT AGENDA* (Items removed from the consent agenda will be
    considered at the end of the regular agenda.)
    Ms. Smith said she wants a report on the land trust efforts and what we have contributed.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the agenda was approved on the
    whole. (Ayes: Mr. Huja, Ms. Galvin, Ms. Smith, Ms. Szakos, Mr. Norris; Noes: None)
    a. Minutes for July 15
    Minutes July 15
    b. APPROPRIATION: Virginia Department of Criminal Justice Services for the City
    of Promise - $97,500 (2nd reading)
    Virginia Department of Criminal Justice Services for the City of Promise
    c. APPROPRIATION: Grant for Construction of McIntire Park Railroad Trail
    Bridge - $761,950 (carried)
    5
    Grant for Construction of McIntire Park Railroad Trail Bridge
    d. APPROPRIATION: Funds from CCS1 to the Buford Science Labs Project - $7,500
    (carried)
    Funds from CCS to the Buford Science Labs Project
    e. APPROPRIATION: Reimbursement from Paragon Solutions, Inc. for the Buford
    Science Labs Project - $695 (carried)
    Reimbursement from Paragon Solutions, Inc. for the Buford Science Labs Project
    f. APPROPRIATION: Charlottesville/Albemarle Adult Drug Treatment Court Grant
    Award - $182,500 (carried)
    Charlottesville/Albemarle Adult Drug Treatment Court Grant Award
    g. APPROPRIATION:
    City of Charlottesville Phone System Upgrade - $380,478 (1st of 2 readings)
    City of Charlottesville Phone System Upgrade
    h. APPROPRIATION: Virginia Commission of the Arts Challenge Grant - $5,000
    (carried)
    Virginia Commission of the Arts Challenge Grant
    i. APPROPRIATION: Check and Connect Student Engagement Continuation Grant
    - $75,000 (carried)
    Check and Connect Student Engagement Continuation Grant
    j. APPROPRIATION: 2013 Local Emergency Management Performance Grant -
    $7,500 (carried)
    2013 Local Emergency Management Performance Grant
    k. APPROPRIATION: Proceeds of 1306 Nunley Street Property Sale by the Thomas
    Jefferson Community Land Trust - $127,432.46 (carried)
    Proceeds of 1306 Nunley Street Property Sale
    l. RESOLUTION: CHF Assistance for Building Goodness Foundation - $8,500
    6
    CHF Assistance for Building Goodness Foundation
    m. RESOLUTION: Washington Park Pool Bath House Renovation Funding Transfer -
    $15,000
    Washington Park Pool Bath House Renovation Funding Transfer
    n. RESOLUTION:
    Authorizing Bond Issuance on Behalf of Region 10 CSB3, Inc. - Fluvanna
    Authorizing Bond Issuance on Behalf of Region 10 CSB, Inc. - Louisa
    Authorizing Bond Issuance on Behalf of Region 10 CSB3, Inc. - Fluvanna/Louisa
    o. ORDINANCE: Franchise Agreement with Sprint (2nd reading)
    Franchise Agreement with Sprint
    p. ORDINANCE: Permit Parking Zone Ordinance Update (2nd reading)
    Permit Parking Zone Ordinance Update
    q. ORDINANCE: Street Closing - Parker Place (Unaccepted) (2nd reading)
    Street Closing - Parker Place (Unaccepted)
    PUBLIC HEARING / ORDINANCE: DOMINION POWER EASEMENT FOR
    UNDERGROUNDING LINES AT GREENLEAF AND MCINTIRE PARKS (carried)
    Dominion Power Easement for Undergrounding Lines at Greenleaf and McIntire Parks
    Mr. Gensic presented to Council. A representative from Dominion Power was also present.
    This is at Virginia Dominion’s request and cost to reduce outages.
    Ms. Smith said this movement is very promising, and she would like to see undergrounding
    everywhere. The Dominion representative said undergrounding is not the answer to everything.
    Ms. Smith asked if there is a list of problematic areas. He said the company is looking at the
    Meadowcreek and Ivy Gardens areas because they have a lot of trees. Mr. Huja said the City can
    help with easements where possible.
    On motion, the public hearing was opened. Having no speakers, the hearing was closed.
    Ms. Galvin asked Mr. Gensic if he knows of iTree software, which calculates the monetary
    value of trees. Mr. Gensic said we use this with our canopy analysis.
    On motion by Ms. Smith, seconded by Ms. Szakos, the ordinance carried.
    7
    RESOLUTION: ADOPTION OF THE 2013 COMPREHENSIVE PLAN
    Adoption of the 2013 Comprehensive Plan
    Ms. Creasy presented to Council. She gave an overview of the recent meetings held on the
    Comprehensive Plan.
    Mr. Norris presented a suggested change stemming from collaboration with Ms. Galvin.
    The suggestion combines existing section 1.1 in the Housing chapter and incorporates it into a
    revised section 5.4, which gives language that addresses improving access for lower-income
    households to public amenities. The change was moved by Mr. Norris and seconded by Ms.
    Galvin.
    Ms. Smith said she does not see why we need to delete section 1.1 and believes something
    is lost by morphing them together. Section 5.4 is about improving access, and Section 1.1 is
    more about assuaging negative impacts. She said she would vote in favor if Section 1.1 remains
    intact.
    Ms. Galvin said the issue with Section 1.1 is that it seemed to decouple isolation with
    concentrated poverty.
    Ms. Szakos said she supports Section 5.4 and sees no problem with Section 1.1
    Mr. Norris said he does not want anything in our Comprehensive Plan that enshrines the
    possibility of red lining affordable housing.
    Ms. Galvin suggested adding the following language to Section 1.1: "consider the effect of
    housing decisions on the larger geography of the City and its associated infrastructure". Mr.
    Huja said Section 5.4 is a good addition, and he also supported Ms. Galvin’s revision of Section
    1.1. Ms. Szakos also supported the secondary language.
    Mr. Norris said Ms. Smith's concern about concentrating poverty in schools is not actually
    addressed in Section 1.1, and it addressed in Section 5.4. Ms. Smith said it needs to be about all
    neighborhoods.
    Ms. Szakos said we need to pay attention to infrastructure and requested that Section 1.1
    include associated infrastructure. Mr. Norris accepted Ms. Szakos’ amendment.
    On motion by Mr. Norris, seconded by Ms. Galvin, the proposed amendment passed.
    (Ayes: Mr. Norris, Ms. Galvin, Ms. Szakos, Mr. Huja; Noes: Ms. Smith.) Ms. Smith said she
    would not support the amendment because she believes it will promote concentration of poverty.
    Ms. Szakos gave some editorial changes to staff. She also asked for updated water and
    sewer charges for 2013. She noted the Economic Sustainability goals section should say "as a
    framework for Citywide policy" because the plan has not yet been adopted. She asked to add
    8
    “and nearby properties" to the Martha Jefferson site redevelopment sentence in the same section.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the suggested changes passed (Ayes: Mr.
    Norris, Ms. Galvin, Ms. Szakos, Mr. Huja; Noes: Ms. Smith).
    Ms. Smith said the median family income figures clash and asked staff to revise. Under
    Utility Fees, she suggested rephrasing “maintenance costs only" to “maintenance costs and other
    income". She said goal three under Environment did not capture the staff recommendation,
    which read "protect, increase and provide an interconnected system of green space and buffers
    that support habitat for wildlife, improve water quality and...." Also, she said she is concerned
    that public works employees do not have the same level of safety equipment as the fire
    department. She would like to consider addressing that at some point.
    She asked why neighborhoods are included in the small area plan drawings. She
    understood representing corridors, but not parts of the neighborhoods. Ms. Creasy said staff
    wants to make sure the neighborhoods stay informed of things that are occurring. Ms. Galvin
    said this implies that certain neighborhoods would not want to be included in particular plans.
    Ms. Smith said she would like assurance that neighborhoods are not being targeted for the same
    kind of redevelopment the entrance corridors are being targeted for. Ms. Creasy said that is
    definitely not the intended effect; this provides staff with a tool for identifying known concerns
    and facilitating discussions with the neighborhoods.
    Ms. Szakos said she supported the green infrastructure proposal but not replacing the
    "only". Ms. Smith requested removing "only"; Ms. Szakos agreed. On motion by Ms. Smith,
    seconded by Ms. Szakos, the proposed changes were passed. (Ayes: Mr. Norris, Ms. Galvin, Ms.
    Szakos, Mr. Huja, Ms. Smith; Noes: None).
    Ms. Smith asked to change the word "must" be considered to "should" be considered under
    Housing Goal 1. Mr. Norris said if we are not going to insist our Comprehensive Plan fall in line
    with our percentage goal, then the goal is useless. Mr. Huja seconded the motion. The motion
    was defeated. (Ayes: Ms. Smith, Mr. Huja; Noes: Mr. Norris, Ms. Galvin, Ms. Szakos.)
    On motion by Ms. Szakos, seconded by Ms. Galvin, the Comprehensive Plan was
    approved. (Ayes: Ms. Smith, Mr. Huja; Mr. Norris, Ms. Galvin, Ms. Szakos; Noes: None.)
    Mr. Huja requested hard copies of the finalized plan.
    RESOLUTION: CAT PROPOSAL & ADVISORY BOARD RECOMMENDATION
    CAT Proposal & Advisory Board Recommendation
    CAT Advisory Board Recommendation
    Mr. Jones presented the CAT proposal to Council. He gave an overview of the study
    background and reviewed proposed route changes.
    Mr. Norris thanked CAT for replacing the Belmont Park route.
    9
    Mr. Jones said this will be on the website for those who wish to view it.
    Ms. Szakos asked if a stop at Pen Park was being considered for Route 11. Mr. Jones said
    this will be evaluated when the infrastructure is there. Ms. Szakos asked for a time estimate. Mr.
    Jones said this should occur in the next eight months or so.
    Ms. Smith said the quarter mile shading is helpful and asked to add City boundaries to the
    map. She thanked CAT for being at the Bike Walk Play JPA event. Ms. Smith said she is pleased
    they are working with the City’s IT department on mobile applications and data tracking. Ms.
    Smith asked for bus service near Jefferson School.
    Mr. Huja said half hour service during peak routes is helpful and thanked him for a more
    direct, improved route schedule.
    Ms. Smith asked where people can go to locate current bus stops. Mr. Jones said the
    information is on the web, and staff will provide posters once the new routes have passed.
    Ms. Szakos asked about budgetary requirements and clarified that the budgetary impact is
    just for this year.
    On motion by Ms. Szakos, seconded by Ms. Smith, the CAT Proposed Plans were
    approved. (Ayes: Ms. Smith, Mr. Huja; Mr. Norris, Ms. Galvin, Ms. Szakos; Noes: None.)
    Ms. Galvin thanked CAT for improvements to the predictability of the system, which will
    increase ridership. Ms. Szakos asked CAT to remember people who cannot access the web when
    providing information. Mr. Norris asked how much the night service for Route 10 at Pantops
    costs. Mr. Jones estimated $60,000-$65,000. Mr. Norris asked where the funding is coming
    from to implement these changes. Mr. Jones said staff will come back to Council at a later time
    with proposals for funding sources. Ms. Galvin said we should begin a conversation about
    extending CAT service to Martha Jefferson.
    Mr. Jones presented the CAT Advisory Board proposal to Council. The board would
    comprise of a cohesive group of representatives that would meet on a regular basis, make
    recommendations, and help with budgetary and operational improvements.
    Mr. Norris said the board should include a robust number of members who are actually
    transit users. Ms. Galvin said Bike/Ped members should be included on the board. Ms. Galvin
    said PLACE may be involved when planning bus stops. Mr. Huja said all graphics should have
    some coordination with PLACE. Ms. Smith said taxis could be a group that becomes involved at
    some point.
    Council supported the idea and asked Mr. Jones to return with a rewritten resolution that
    incorporates their suggestions.
    10
    REPORT: PLACE DESIGN TASK FORCE ANNUAL UPDATE
    PLACE Design Task Force Annual Update
    Ms. Andrea Douglas, PLACE Chair, presented to Council. Mr. Richard Price, PLACE
    Secretary, also addressed Council. They gave an overview of the activities of the PLACE Design
    Task Force.
    Ms. Szakos thanked PLACE for their work. She said it is important to engage community
    assets to design our community. She said the City may be too small for the organizational chart
    PLACE proposed.
    Mr. Norris said we do not always do the best job of identifying local assets when working
    to design our community. He thanked PLACE for their report.
    Ms. Smith said Council is interested in how the public engagement piece can be translated
    to Charlottesville. There is no replacement for having diversity on the main team.
    Mr. Huja said he believes it is important to have design expertise in the City but does not
    think it requires a separate department.
    Ms. Galvin questioned whether adding staff at this time in the face of all there is to do is
    the right approach.
    RESOLUTION: HUMAN SERVICES NEEDS ASSESSMENT
    Human Services Needs Assessment
    Ms. Gretchen Ellis presented to Council. She gave an overview of the methodology used
    for the Human Needs Assessment, reviewed areas of greatest need, overviewed adult and
    children pathways to self-sufficiency, and reviewed recommendations for ABRT, funding and
    further planning.
    Mr. Norris asked about the second funding recommendation and how it connects to the
    information presented. Ms. Ellis said the recommendation did not come from the Center for
    Nonprofit Excellence (CNE) but from other members of the work group.
    Ms. Erika Viccellio, with the Mental Health Coalition, said the recommendation was made
    because mental health is a top priority for adults.
    In response to an inquiry from Ms. Szakos, Ms. Mary Frances Porter said they will identify
    what outcomes the partners will measure and examine both consumer and provider feedback, as
    well as collective impact.
    11
    Ms. Szakos asked who will conduct the process. Ms. Christine Nardi, CNE, said
    evaluations of the coalitions and programs will be done by CNE staff and Ms. Porter, who has
    evaluation expertise. Ms. Smith asked if the toolkit gives training to nonprofits on how to
    structure a program and determine whether it is effective. Ms. Porter said the process creates
    tools for them to design their own outcome measurements from the start.
    Ms. Smith said she hoped the Needs Assessment will assess the fundamental needs of our
    community instead of offering splintered services. Ms. Ellis said this is what the network hopes
    to achieve. We hope to help people navigate the available resources.
    Ms. Szakos said the peer-to-peer task force seems to be the way to go, but we should
    address this during the next budget cycle.
    Ms. Galvin said she is concerned that there was not a competitive RFP process. Ms. Ellis
    said because the money was already allocated, it was not required. She said the idea was
    proprietary. Ms. Galvin said there is a perception issue.
    Mr. Norris said giving childcare assistance will help eight children for one year, and this
    may not be making a substantial impact.
    Mr. Sarad Davenport said a barrier to connecting people with services can be resolved by
    peer-to-peer networks.
    Mr. Murphy said Council may want to deliberate whether they want to spend money on the
    "how" or the "what".
    On motion by Ms. Galvin, seconded by Ms. Szakos, Council accepted the following
    recommendations: explore best practices in peer support networks; identify, map, and engage
    existing networks; determine gaps in network coverage; develop a model job description to
    identify peers and model curricula for training peers; and recommend means to expand and
    coordinate networks, including opportunities for ongoing education, information, and feedback
    mechanisms. (Ayes: Ms. Galvin, Ms. Szakos, Ms. Smith, Mr. Huja, Mr. Norris; Noes: None.)
    Ms. Szakos asked if the recommendation for childcare would have come forward had the
    Barrett Learning Center not been closing at the time. Ms. Ellis said she would bring this
    conversation back to the steering committee and return with a revised recommendation.
    Ms. Galvin said we need to devise a systemic resolution instead of putting money towards
    helping a select few.
    Ms. Szakos moved to go forward with the $15,000 allocation for the Center for Nonprofit
    Excellence pilot evaluation plan tool. Mr. Huja seconded the motion. Ms. Smith said she is
    voting against it because it would be better to make this decision in a bigger context. The
    resolution passed. (Ayes: Ms. Galvin, Ms. Szakos, Mr. Huja; Noes: Mr. Norris; Ms. Smith.)
    12
    Ms. Szakos moved to support the ABRT recommendations; Ms. Galvin seconded. The
    motion passed. (Ayes: Ms. Galvin, Ms. Szakos, Ms. Smith, Mr. Huja, Mr. Norris; Noes: None.)
    Ms. Ellis said staff will return with a recommendation in four weeks.
    APPROPRIATION: FY 2014 STORMWATER UTILITY BUDGET
    APPROPRIATION - $1,138,734 (carried)
    FY 2014 Stormwater Utility Budget Appropriation
    Ms. Riddervold presented to Council. She reviewed staff recommendation for approval
    and appropriation.
    On motion by Ms. Smith, seconded by Ms. Szakos, the motion carried.
    RESOLUTION: ALLOCATION OF CHARLOTTESVILLE HOUSING FUNDS TO
    CRHA FOR PLAYGROUND IMPROVEMENTS - $300,000
    Allocation of Charlottesville Housing Funds to CRHA for Playground Improvements
    Mr. Tolbert presented to Council. Staff is undertaking a review with CRHA, and the quality
    of playgrounds has proved to be an issue. Staff recommends reallocating $300,000 of the CRHA
    redevelopment money for playground improvements. Mr. Daly was also present to answer
    questions.
    Mr. Huja said he visited some of these playgrounds this morning, and they are in bad
    shape.
    Mr. Norris asked Mr. Daly if we can impart knowledge about maintaining playgrounds in
    the City to CRHA. Mr. Daly said we have examined playground units with Housing Authority
    staff and will be training their staff on how to identify and repair simple safety violations. Mr.
    Norris asked if they have looked into the Kaboom Organization, which provides discounted
    playground equipment. Mr. Daly said the equipment we are purchasing is heavily discounted.
    Mr. Norris asked where we are in the redevelopment process. Mr. Jones said we are
    examining capacity and determining what needs to take place and how to take next steps. Staff
    plans to report to Council in October.
    Mr. Huja said the City maintains playgrounds for schools and asked why we could not do
    the same for the Housing Authority. Mr. Daly said we may be able to do so with a MOA.
    Ms. Smith asked how close the Michie Drive playground and the new park playgrounds
    will be to one another. Mr. Daly said it will be about 500 yards, but in both cases children have
    to cross the street. Ms. Smith said it seems that we are segregating public housing
    neighborhoods. Ms. Szakos said she views this more as an extension of their yard.
    13
    Ms. Szakos said she hopes we can upgrade the basketball court equipment. Mr. Daly said
    we may be able to do so if we realize cost savings on the project. Mr. Huja asked staff to look at
    the courts at Westhaven.
    On motion by Mr. Norris, seconded by Ms. Szakos, the motion passed unanimously. (Ayes:
    Ms. Galvin, Ms. Szakos, Ms. Smith, Mr. Huja, Mr. Norris; Noes: None.)
    APPROPRIATION: ADU PLAZA CONTRIBUTION - $487,490.59 (carried as revised)
    ADU Plaza Contribution
    Ms. Kathy McHugh presented to Council. Staff is requesting appropriation of funds for the
    Section 3 employment program, AHIP's Block-by-Block program, and AHIP's Emergency
    Repair Program.
    Ms. Tierra Howard presented to Council on the comprehensive training program for
    Section 3 employment opportunities.
    Ms. Szakos asked about the living wage portion of the report, which quotes an outdated
    rate of $10.52. Mr. Jones said this is still accurate for temporary employees. Ms. Szakos
    confirmed that this is similar to the summer internship program. She asked if we have assurance
    that this would not displace current workers. Mr. Jones said this program will serve to
    supplement current workers, not to replace them.
    Ms. Galvin asked how many residents would take part in the program. Ms. Howard said
    nine individuals. Ms. Galvin asked why private sector partners such as the Chamber and UVA
    have not been involved with planning at this stage. Ms. Howard said the Steering Committee
    suggested focusing on one employer as a model and then expanding the program if it worked.
    Ms. Galvin said encouraging participation in the private sector as soon as possible would be a
    boost to the program.
    Ms. Smith asked how many units the 5% represents. Mr. Tolbert said it would have been
    about 12 units. He said we are pleased to receive cash from this deal, because many developers
    say they are renting to low income residents when they are really students. Staff is working on a
    mechanism to address this.
    Mr. Norris asked why communication has not been good with the HAC. Mr. Tolbert said
    staff has a policy against discussing specific allocations for legal reasons. Mr. Norris asked what
    other funding sources we have explored. Mr. Tolbert said we do not know of any. Ms. Howard
    said we did apply for the DMB Bamaworks grant, but that was for $10,000, which will not cover
    what staff needs for this initiative.
    Ms. Szakos said these folks are eligible for the Family Self-Sufficiency Program, and there
    are a lot of families waiting to move into public housing who cannot get housing in the
    meantime. She said this will move people into a higher level of housing and allow others to
    14
    move into a level appropriate to their situation, so she is comfortable with the allocation coming
    from housing.
    Mr. Huja said he thinks this money should be used for affordable housing and not Section
    3. We should find money for Section 3 some other way.
    Mr. Norris said absent a direct, tangible connection to housing, he will not be able to
    support this.
    Ms. Szakos moved to approve with the understanding that this will be amended for the
    second reading. Ms. Galvin seconded.
    Mr. Norris said he understands the rationale behind not bringing specific recommendations
    to the HAC, but he wants input from the HAC on how they see using housing funds in a way that
    will accomplish the same goal.
    Ms. Szakos requested the second reading be delayed to the first meeting in October so the
    HAC will have time to meet beforehand.
    Ms. Smith asked staff to bring back information on the level of need from AHIP.
    NEW BUSINESS
    Mr. Norris said the Richmond City Council is considering an ordinance that would
    recognize same sex marriages legalized in other states for the purposes of extending employment
    benefits for same sex couples.
    Ms. Szakos said she is interested in exploring this further.
    Mr. Huja said his understanding is that this ordinance is dependent upon the state passing
    the law. Mr. Norris said we would have to cross that bridge when we came to it.
    Ms. Galvin said the U.S. Military just passed a similar motion.
    Council asked the City Attorney to explore this further and bring the issue back to Council
    for consideration.
    MATTERS BY THE PUBLIC
    Ms. Lena Seville, Altavista Ave., said she was not pleased with the PLACE Design Task
    Force's efforts at community engagement.
    Mr. Brandon Collins, 418 Fairway Ave., said the CRHA playground issue may be an eye
    opener for how difficult it is for PHAR and the Housing Authority to get things done. Please
    consult with PHAR going forward with the CDC.
    15
    Mr. Scott Bandy, 1639 Cherry Ave., said he was not aware we had a stormwater utility
    department.
    COUNCIL RESPONSE
    Ms. Galvin said PLACE meets every month, the second Thursday of the month from 12:00
    - 2:00 p.m., and the subcommittees were meeting as the members were available.
    Meeting adjourned.
    Clerk of Council
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    1
    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Tuesday, February 19, 2013, AT 6:30 p.m. IN THE Second Floor Conference Room.
    THE PROPOSED AGENDA IS AS FOLLOWS:
    Closed session as provided by Section 2.2-3712 of the Virginia Code
    BY ORDER OF THE MAYOR BY Paige Barfield
    SECOND FLOOR CONFERENCE ROOM – February 19, 2013
    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: Ms. Szakos,
    Mr. Huja, Mr. Norris, Ms. Galvin, Ms. Smith; Noes: None), to meet in closed session for
    discussion and consideration of the salary for the City Manager, 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. Smith, Ms. Galvin, 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 19, 2013
    Council met in regular session on this date with the following members present: Ms.
    Smith, Mr. Norris, Ms. Szakos, Ms. Galvin, Mr. Huja
    AWARDS/RECOGNITIONS
    Mr. Huja invited Ms. Jennie Thollander from Region 10 to present on the VSA Arts
    program. Ms. Thollander thanked Council for their financial support this year. Ms. Carol
    Hanson read her poem entitled "Anger" for Council.
    Ms. Szakos read a proclamation in honor of African American History Month.
    Ms. Smith announced a celebration of Black History Month on Sunday, February 24 at the
    Carver Recreation Center from 2:30 p.m. - 4:30 p.m.
    2
    Mr. Norris read a proclamation for The Big Read event during the month of March. The
    kick-off will take place on February 23 at the Free Speech Wall, and the book for the month is
    The Joy Luck Club, by Amy Tan. Ms. Jackie Lichtman was present to accept the proclamation.
    Go to www.jmrl.org/bigread for more information on events throughout the month.
    Ms. Galvin announced the special election on Tuesday, April 2 for the Office of the
    Treasurer. Call 970-3250 for more information.
    There will be a meeting on February 25 at 6:00 p.m. at City Space about the McIntire Park
    Bike/Pedestrian Bridge. For more information, call Chris Gensic at 970-3656 or email
    gensic@charlottesville.org.
    Ms. Szakos announced the next Our Town Charlottesville meeting at Clark Elementary
    School from 6:00 p.m. - 8:00 p.m. for the Belmont/Carlton neighborhoods.
    Mr. Huja asked Council if they supported holding another public hearing on the stormwater
    fee this evening. Ms. Szakos said she supports public hearings generally, but feels we have had
    plenty of input on this matter. Ms. Galvin said she is not inclined to have another public hearing.
    Mr. Norris said there is no rush, and we should give citizens another chance to weigh in. Ms.
    Smith said she supports one and wishes we would have one on the marijuana agenda topic as
    well. Mr. Jones said we would need to advertise for a public hearing and hold it at a future
    meeting. Ms. Galvin asked Mr. Jones to review the public engagement efforts that have been
    made during this process. Council decided to allow an additional 30 minutes for public comment
    on the stormwater fee during matters by the public
    .
    MATTERS BY THE PUBLIC
    Mr. Jeff Fogel, 215 Spruce St., said there should be a public hearing on the marijuana issue.
    He said the proposed ordinance is a waste of time, and Council should reject it. He presented a
    modified proposal to Council. He said it is more important to address the issue of the use of
    marijuana by young people. He said jail time is barbaric.
    Ms. Jen Downey, 1014 Locust Ln., said she is here representing Walk Charlottesville. She
    offered suggestions for additional language regarding updates to the sidewalk manual.
    Mr. Dan Purdy, 776 Prospect Ave., encouraged Council to pass the marijuana ordinance.
    He said anything that protects marijuana users from heavy-handed punishment is a step in the
    right direction. The level of stigma and guilt should not be applicable to marijuana users.
    Ms. Carol O'Connor, 1113 Monticello Rd., said she attended the meeting about Belmont
    Bridge at JMRL last week. What was presented as fact at the meeting was not very well vetted,
    and there was not support for where the information came from.
    Mr. Ed McCann, Lynchburg resident, Executive Director of Virginia NORML Statewide
    Organization, said he supports the new ordinance minus the additions made by the City Attorney
    3
    that would continue to put people in jail for marijuana use. Just because something is legal does
    not mean it is good for you, and this gives parents an opportunity to talk to their children about
    inappropriate marijuana use.
    Mr. Jordan McNeish, 2560 Beasely Ln., encouraged Council to reject the ordinance as
    written, because it does not allow users to be diverted from the criminal justice system.
    Ms. Paula Klockner said this small change in the marijuana ordinance would have
    impacted her life greatly. She described her experience with punishments imposed on her as a
    result of a minor marijuana possession and the negative impact these punishments have had on
    her quality of life.
    Mr. Richard Kennedy, 6009 River Dr., Lorton, Virginia, said it was clear forty years ago
    that marijuana was a far less dangerous drug than alcohol or tobacco, and epidemiological
    studies have shown no difference between smokers and non-smokers. Both local experts on this
    topic have recommended that it be legalized.
    Mr. Lewis A. Martin, III, 923 Marshall St., member of Annette Baptist Church, said he is
    primarily concerned with the funding method of the stormwater management program. He said
    he cannot deduct this if it is charged as a fee instead of a tax. You would get more user fees by
    implementing a real estate tax instead.
    Mr. Graye Jones, 808 Rives St., Pastor at Faith Baptist Church, said he had not received
    any notice of this meeting. He said this fee would be 6% of their total income, and imposing this
    fee would inhibit their ability to perform many of the community services they provide now. The
    City should not be able to touch the tithes of their membership.
    Mr. Jim Snead, 1570 Old Ballard Rd., member at First Presbyterian, said churches are taxexempt
    for a reason. Also, churches provide services the City cannot provide for less money.
    There was not enough notification to local churches. Please do not impose this fee, which will
    put undue financial burden on local churches.
    Major Allen Johnson, 2605 Huntington Rd., said the Salvation Army has served many
    citizens this year, and this fee will have an adverse effect on their organization.
    Mr. Massa Kollie, 515 Rockland Ave., said First Baptist Church has been very helpful to
    his family. This fee will impact how the church can help refugee families such as his.
    Ms. Robbie Savage, Executive Director of the Rivanna Conservation Society, said she is
    speaking on behalf of several non-profit organizations that support the stormwater fee. She said
    our infrastructure has been neglected for decades, and we need to update our underground pipes
    if we want to be a first class city.
    Mr. Dan McCreight, 735 Park St., member of First Baptist Church, said a 40% waiver cap
    does not provide incentive to make improvements or allow for pre-existing improvements. Now
    4
    is the worst time to increase negative economic conditions for non-profit organizations. He asked
    Council to test churches on their commitment to environmental stewardship.
    Mr. Jeff Kreseck, Chair of the Board for Love Inc., explained the services his organization
    provides for 200-300 community members on a shoestring budget. He said 30% of their funding
    comes from local churches, and the impact of this fee will have an immediate impact.
    Mr. Bruce Wardell, 112 4th St., said this should not be framed by the logic of charging a
    fee for anyone who uses this infrastructure because the community benefits by non-profit
    services on a daily basis without paying for it. He asked Council not to adopt the ordinance until
    it reflects the value non-profits provide to the City. Churches are not saying they will not meet
    their environmental requirements.
    Mr. Richard Lloyd, County resident, said it is not fair to treat the poor and wealthy equally
    when charging this fee. There is a difference between taxing on assessed value and assessing a
    tax based on the size of their roof.
    Ms. Vera Mason, Lexington Ave., said she is opposed to non-profit organizations being
    required to pay for stormwater run-off. She reviewed the many services First Baptist Church
    provides to the community.
    Mr. John Heyden, Westwood Dr., said it is fair for everyone to pay their fair share of the
    fee, including non-profits and low income citizens.
    COUNCIL RESPONSE
    Ms. Galvin said Council is well-aware that there was some confusion regarding the
    Belmont Bridge, and they are working to address this.
    Ms. Szakos said she agreed the Belmont Bridge issue needs more vetting.
    Mr. Norris said residents of public housing are not in fact getting by in free rent, unlike Mr.
    Heyden's claim.
    CONSENT AGENDA* (Items removed from the consent agenda will be
    considered at the end of the regular agenda.)
    Mr. Huja said the West Main Streetscape report will be pulled for discussion after the
    Stormwater report.
    Mr. Norris clarified that he is not voting in support of item e regarding the Bypass
    Interchange at McIntire Road.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the consent agenda was approved with
    the exceptions noted above. (Ayes: Mr. Norris, Ms. Galvin, Ms. Smith, Ms. Szakos, Mr. Huja;
    Noes: None.)
    5
    a. Minutes for February 4
    Minutes for Feb 4
    b. APPROPRIATION:
    Contribution for Urban Forest Improvements and Invasive Species Removal in
    Riverview Park - $4,000 (2nd of 2 readings)
    Contribution for Urban Forest Improvements
    c. APPROPRIATION:
    Contribution from the American Heritage Foundation for the Charlottesville Fire
    Department Wellness and Fitness Program - $5,000 (2nd of 2 readings)
    Contribution from the American Heritage Foundation for the Charlottesville Fire Department
    d. APPROPRIATION:
    Appropriation of Visitor's Bureau Fund Balance - $100,000 (2nd of 2 readings)
    Appropriation of Visitor's Bureau Fund Balance
    e. APPROPRIATION:
    Route 250 Bypass Interchange at McIntire Road - Appropriate $2,598,762.81 and
    Transfer $71,090.07 (2nd of 2 readings)
    Route 250 Bypass Interchange at McIntire Road
    f. APPROPRIATION:
    Albemarle County Reimbursement for the Fire Protection Assessments Project -
    $8,241.78 (1st of 2 readings)
    Albemarle County Reimbursement for the Fire Protection Assessments Project
    g. APPROPRIATION:
    Disproportionate Minority Contact in Juvenile Justice - $55,556 (1st of 2 readings)
    Disproportionate Minority Contact in Juvenile Justice
    h. RESOLUTION: (Pulled)
    West Main Streetscape Improvements - $350,000 Fund Transfer (1st of 1 reading)
    i. RESOLUTION:
    Zoning Text Initiation - Parking Lots and Garages (1st of 1 reading)
    6
    Zoning Text Initiation - Parking Lots and Garages
    j. ORDINANCE:
    Emergency Communications Center (ECC) Cost Allocation Agreement between
    City and County (2nd of 2 readings)
    Emergency Communications Center (ECC) Cost Allocation Agreement
    REPORT / ORDINANCE* Classifying Marijuana Possession as a Class IV
    Misdemeanor (1st of 2 readings)
    Classifying Marijuana Possession as a Class IV Misdemeanor
    Mr. Brown presented to Council on the ordinance classifying marijuana possession as a
    Class IV misdemeanor. He added language classifying second offenses as a Class I misdemeanor
    to make it consistent with state law, per the City code. There will be no sixth amendment right
    to court appointed counsel because there must be a possibility of incarceration to provide such a
    service. Mr. Norris said that does not mean the City could not choose to provide that counsel.
    Mr. Brown said there is not enabling authority to pay for such a service.
    Ms. Smith asked what qualifies a citizen as indigent. Mr. Dave Chapman, Commonwealth
    Attorney, said there is a formula used on the basis of income and other factors to determine if
    someone is indigent or not. It is a generous standard for appointing counsel to those with limited
    means.
    Mr. Norris asked whose decision is it whether to prosecute under state or local ordinance.
    Mr. Chapman said a policy could be chosen locally to do it one way or the other, and it could be
    determined by the Commonwealth Attorney's office, the police department, or other entities
    enabled under local ordinance.
    Ms. Smith asked when a person caught with a small amount of marijuana would have their
    license taken away. Mr. Chapman said most people accept a 30 day suspended sentence in lieu of
    having probation, and they do not pay a fine.
    Ms. Smith asked if there was a quantity associated with the Class IV misdemeanor. Mr.
    Chapman said a half ounce or greater creates possession with intent to distribute. Ms. Szakos
    said that is not a very large amount. Ms. Smith asked how much discretion is built into this at the
    arrest point, because that is where we see disproportionate application in the judicial system. Mr.
    Chapman said this is controllable by the policies and procedures implemented by the police
    department.
    Ms. Smith asked if we can pass an ordinance that does not specify that a second arrest will
    be a Class I misdemeanor. Mr. Chapman said he does not know of an impediment to doing so.
    Mr. Chapman said making possession cases is not a priority for law enforcement. Ms. Smith said
    7
    the consequences are serious. Mr. Chapman said there are reasons for this. It is important not to
    encourage young people to use this substance in any respect.
    Mr. Chapman said it is important to get an answer to questions that are not certain before
    adopting an ordinance.
    Ms. Smith said she supports moving as close as we can to making this a very low impact
    offense since there is no option to go to legalization.
    Ms. Szakos said she thinks there are very few things aside from violent crimes for which
    prison is the right answer. The ordinance as written would not be much different from what we
    have now. She said the ordinance as presented is not compelling enough to pass.
    Ms. Galvin said she believes we are following best practices in many ways with how we
    deal with the issue of marijuana and substance use through the existing criminal justice system.
    Low risk offenders should not be put in a pool with high risk offenders. Our lawmakers and
    enforcers should be spending time appropriately. We are concerned that people are being
    imprisoned when they really need substance abuse treatment, education, and health care. By
    creating a local ordinance that conflicts with our state ordinance, we may create a law of
    unintended consequences. We are working very well and hard to create a just system, and
    dealing with one small ordinance may not do what everyone believes it will do.
    Mr. Norris said we are trying to create an ordinance that would reflect our opinion that
    marijuana is not a high priority for law enforcement. Our policy and our message should mirror
    that, as it is already generally our practice. He cited New York City's recent decision and said we
    should adopt that as official City policy.
    Mr. Norris asked Mr. Brown where the $250 fee number came from. Mr. Brown said this is
    according to the state's classification of misdemeanors. Mr. Norris asked if the locality can set
    that fine lower as a matter of policy. Mr. Brown said he would not endorse any ordinance that
    was not consistent with state law, and it is generally up to the judge to determine the fine.
    Mr. Norris said he supports us entering into an agreement with the public defender’s office
    in exchange for representing anyone who is prosecuted under the local ordinance. We should
    provide clarification for the DMV’s policy on license removal. We should clarify what the policy
    would be for a local offense versus a state offense. We need to shift our view to public health and
    reexamine our local resources for drug and alcohol rehabilitation.
    Mr. Huja said this effects many lives and is a legal issue as well as a policy issue. We are
    not incarcerating citizens in Charlottesville for a first offense. This is a good policy and should
    continue. No other purpose would be served by passing a revised ordinance at this time.
    Ms. Szakos said she would like to put the New York City policy before our Police Chief
    for consideration. This seems to be our practice, and we may want to codify it.
    8
    Ms. Galvin said we need more information about public health, and the criminal justice
    network is willing to discuss this matter. We should have an engaged work session at the end of
    the spring regarding these issues. Ms. Szakos said she is not opposed to a work session, but we
    may rather go individually to involved organizations for discussion. Ms. Galvin said those
    organizations have suggested a work session to encourage a thorough engagement.
    Mr. Huja said he supports discussing the New York policy with the Police Chief and the
    Commonwealth Attorney in order to institutionalize what we are already doing.
    Mr. Norris moved that Council adopt Mr. Fogel's original proposal making possession a
    Class IV misdemeanor and contracting with the public defender's office.
    Mr. Brown read the original proposed ordinance from Mr. Fogel. Mr. Norris suggested
    adding language about providing access to a public defender.
    Ms. Smith seconded the ordinance.
    Mr. Huja, Ms. Szakos, and Ms. Galvin said they would not support it. Mr. Norris withdrew
    his motion so that staff can explore other avenues, such as applying provisions locally.
    Mr. Norris and Mr. Huja supported the work session request.
    REPORT: ORDINANCE/RESOLUTION- Stormwater Utility Ordinance (2nd of 2
    readings) and Resolution Establishing the Water Resources Protection Program
    (WRPP) Advisory Committee (1st of 1 reading)
    Stormwater Utility Ordinance
    Ms. Riddervold presented to Council on the Stormwater Utility proposal. She gave
    background on the process over the last few years and reviewed the WRPP Advisory
    Committee’s findings.
    Ms. Galvin asked about breaking up jurisdictions into equal pieces based on a drainage
    plan. Mr. Norris said we have taken substantial action in the last five years, even though we
    have not yet solved the problem. Ms. Galvin said there is a benefit to doing this quickly because
    of the low-cost bond environment, and it would save more money overall. At the rate that we are
    replacing our pipes, it would take over forty years to replace high-priority areas. Ms. Riddervold
    said this program would be reviewed annually.
    Mr. Huja asked Mr. Brown if state enabling legislation would authorize an exemption for
    non-profit property owners. He said there is no such enabling legislation. Exemptions do not
    recognize non-profit status when assessing property owners. Mr. Huja asked if it is possible to
    collect the fees and then offer a rebate to non-profit organizations. Mr. Brown said there is not
    authority to make donations to churches.
    9
    Ms. Galvin asked if we can provide grants to churches for retrofitting. Ms. Riddervold said
    this is possible and would need to be built into the budget. The program proposal currently
    provides for incentive assistance.
    Mr. Norris asked if it is possible to create a more liberalized incentive program for
    churches and non-profits. Ms. Riddervold said those approaches may be possible, but they
    would have to occur outside the utility process.
    Ms. Szakos said this is a reasonable way of measuring how much people use infrastructure
    and asking them to pay for it. Non-profits and churches receive many services without paying
    for them, and taking money from one pot to add to another does not seem fair.
    Ms. Smith asked if the user fee was determined to be more equitable than a real estate tax
    increase when the research on this first began. Ms. Riddervold said they were directed by the
    governing body at that time to research fee assessments instead of a real estate tax. Ms. Smith
    said City taxpayers already subsidize non-profits and churches, and this contribution should be
    recognized. The total amount of contribution from churches is actually small in comparison, and
    the impact on residential payers would be doubled if we do not impose user fees on churches.
    Ms. Galvin said by changes in user patterns, we can bring our fees down, and this is an
    important aspect to this plan. Without the utility aspect, there is no incentive to change. Ms.
    Galvin asked to change "any person" to "any property owner". Ms. Riddervold said the word
    "person" was intended to provide flexibility. The word "person" does also indicate a corporate
    person.
    Ms. Galvin said we need to examine what going up to an 80% credit incentive program
    would mean. Ms. Riddervold said we need to do more research on this point. Mr. Huja said he
    supports a minimum of 50% for incentives. Ms. Smith said the more you allow credit for people
    who have the resources to implement conservation techniques, the more it will negatively impact
    low income residents. Ms. Szakos said you could go beyond 40% by reducing the amount of
    impervious surface on your property.
    Ms. Szakos moved to pass the ordinance as written. Ms. Smith seconded.
    Mr. Huja asked why appeals are directed to staff only, and not to the advisory committee
    (Section 10-108). Ms. Szakos said we changed the language because going through staff made
    the process less onerous.
    Ms. Szakos requested item h under appeals to say this structure for appeals will be
    reassessed at the end of the first year and evaluated for potential modifications.
    Mr. Norris said he opposes this proposal and believes the level of funding and the people
    this will affect comes at a time of already tough fiscal choices. It is not a good time to pull
    money out of the pockets of our property owners. He asked if there was support on Council for
    directing staff to come back with a proposed credit/incentive system that would allow for a full
    10
    waiver for tax-exempt properties that are taking steps to remediate stormwater on their
    properties.
    Ms. Szakos said if we continue to pay for stormwater from our general fund, we will
    detract from our other services. Ms. Galvin said she does not think of this as a tax, but as a user
    fee. This is an important piece of infrastructure. Ms. Smith said she will push for compensation
    for our churches and non-profits, as well as low-income residents, by taking away the PILOT
    program, which is an extremely regressive tax.
    Mr. Huja said he supports the resolution as presented. He asked that staff examine
    increasing the incentive option.
    On motion by Ms. Szakos, seconded by Ms. Smith, the ordinance passed. (Ayes: Ms.
    Szakos, Ms. Smith, Mr. Huja, Ms. Galvin; Noes: Mr. Norris.)
    Ms. Galvin said she wants to be sure there will be adequate representation from non-profits
    and churches. Ms. Smith asked to add "at least" seven members to the committee. Ms. Galvin
    said there should be a cap to the total number. Ms. Smith said the advisory committee should
    take a role in researching credits. Ms. Riddervold suggested a stakeholder group be convened to
    examine that specific issue, separate from the advisory committee. Ms. Smith said this should be
    formed as soon as possible.
    Mr. Huja said an appeal process should be vetted through a body other than staff. Ms.
    Szakos said we could make this decision at the end of the first year. Mr. Huja said this should go
    through a citizen body before it goes to court. Ms. Smith said this may be a good idea, but she is
    not sure we need to do it now.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the resolution to form the Water
    Resources Protection Program Advisory Committee, with the addition of the language “between
    seven and eleven committee members”, passed. (Ayes: Ms. Szakos, Ms. Smith, Mr. Huja, Ms.
    Galvin, Mr. Norris; Noes: None.)
    RESOLUTION: West Main Streetscape Improvements - $350,000 Fund Transfer
    (1st of 1 reading)
    West Main Streetscape Improvements
    Mr. Tolbert presented to Council. He clarified that it is safe to take money out of the Old
    Lynchburg Road (OLR) project, as we have a 40% contingency built in for the project.
    Mr. Huja said he supports the idea of the design. He said he agreed that there is enough
    money in the account. He said $350,000 is high, and we should start with $250,000 instead. Ms.
    Galvin asked that the RFP not specify a price. Mr. Huja agreed.
    Ms. Galvin this is an interesting hybrid between drawing and construction documents.
    11
    Ms. Keller, Planning Commission chair, was invited to speak. She said this will benefit the
    City and complement existing efforts to fill the gap between our historic downtown and our
    vibrant hospital/University area.
    Ms. Smith asked why we need another study. Ms. Keller said this is an update to bring all
    the previous threads together and responds to conditions we see at this point in time. Ms. Szakos
    said how we can know something will happen with this study when previous studies have not
    produced action. Ms. Smith said she is uncomfortable taking $100,000 out of undergrounding
    utilities. Mr. Tolbert said we have to have the engineering work done to underground them, and
    this is what the funds are for.
    Mr. Norris said he liked Ms. Galvin's addendum. He asked if we could at least commit to
    utilizing contingency funds to make the OLR project whole if necessary. Staff agreed to this.
    On motion by Mr. Norris, seconded by Ms. Szakos, the resolution passed. (Ayes: Ms.
    Smith, Mr. Norris, Ms. Szakos, Ms. Galvin, Mr. Huja; Noes: None.)
    REPORT / RESOLUTION: Council Meeting Guidelines (1st of 1 reading)
    Mr. Huja deferred this report until the next Council meeting.
    REPORT: ADA Curb Ramp Inventory and Pedestrian Initiatives
    ADA Curb Ramp Inventory and Pedestrian Initiatives
    ADA Curb Ramp Inventory and Pedestrian Initiatives PPT
    Ms. Poncy presented to Council. She reviewed the proposed ADA transition plan,
    including curb ramp prioritization. She reviewed best practices and proposed future standards
    and upcoming activities for the remainder of FY 2012.
    Ms. Galvin asked that improvements not be made before streetscape plans come through.
    Mr. Norris said our default position should be to install buffers, recognizing there are
    circumstances where that may not be possible.
    Mr. Huja said quality of design and materials are important for the long term benefits. He
    said patching the downtown mall with asphalt looks tacky. Mr. Tolbert said this was a
    temporary fix and is not the long-term solution.
    Ms. Szakos thanked staff and Mr. Herndon for his work on ADA compliance.
    12
    REPORT: Advocates for a Sustainable Albemarle Population (ASAP) Report
    Advocates for a Sustainable Albemarle Population (ASAP) Report
    Mr. David Shreve presented a summary of the analysis of the fiscal costs and potential
    benefits of growth in Charlottesville and Albemarle County. He reviewed results of the ASAP
    report. Mr. Craig Evans, author of the report, could not be here this evening.
    No growth of any type will offer any fiscal advantage to City residents.
    Mr. Jack Marshall, president of ASAP, said one conclusion is that we need to revisit longheld
    assumptions that growth is good. This is only true up to a point, and most American
    localities have already reached that point. Albemarle and Charlottesville can benefit from
    developing thoughtful population policies.
    Ms. Smith asked if the defense department brought in people from outside. Mr. Shreve
    said that he can only speak anecdotally, but they did bring in many employees, which may be an
    anomaly.
    Ms. Galvin questioned the land use categories. The amount of generated revenue they
    report seems extremely low. Mr. Peter Katz, Director of Smart Growth, calculated that a mixed
    use building downtown brought in $80,000 in property tax revenue. There are clear benefits to
    being compact and building within our existing means, which she did not hear from the report.
    Mr. Shreve said this was targeted mostly at the county and its practices. Cities are efficient
    ways of organizing people, but cities are also dependent on places that are not cities for
    ecosystem services, so it is best to focus regionally. He said there is no doubt there are still some
    projects that will offer fiscal benefit, but that should not be the aim of pursuing projects.
    Mr. Huja said we already have basic infrastructure, which the county does not have. Mr.
    Shreve said one of the reasons the county looks worse than the city from a cost perspective is
    because the city has to anticipate their infrastructure needs, whereas the county does not.
    Counties defer this much more often because they can.
    MATTERS BY THE PUBLIC
    Ms. Ann Marie, 808 Altavista Ave., said she feels that many public forums, such as the
    Belmont Bridge, or the CAT meetings, include public hearings because they are required, and
    not because staff actually wants to hear from citizens. She said the Belmont Bridge design forum
    presenters were not the appropriate people for the situation and were a waste of money. Mr.
    Chapman grouped marijuana with alcohol and tobacco, and we do not impose the same
    punishment on adults that we do on children. The Vinegar Hill Cafe should have a permanent
    installation that talks about where the name came from and what happened in that community.
    13
    Mr. Will Sampson, 609 Wine Cellar Cir., said he takes exception with Ms. Galvin's
    definition of a tax. He said he was disappointed at the way the public comment operated for
    Matters By The Public.
    Ms. Nancy Carpenter, 727 Denali Way, said housing is too expensive, and you are creating
    a market that is not serviced because the targeted group cannot afford the housing that is being
    built. She said staff needs to begin a dialogue about service delivery for mental health care.
    Mr. Scott Bandy, 1639 Cherry Ave., said Council needs to be sure not to change the
    Matters by the Public process so that names are drawn out of a fishbowl.
    Mr. Norris and Ms. Smith asked that Rivanna River Basin Commission and area
    collaboration be a component of the utility commission.
    Ms. Szakos said Ms. Lena Marie's comment about public feedback was appreciated. This
    is a work in progress, and Mr. Jones has directed staff to include information about public
    comment on each report. She said we do not want departments to think this is just a box we have
    to tick off.
    The meeting was adjourned.
    Clerk of Council
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    1
    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Monday, March 4, 2013, 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 4, 2013
    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 Ms. Smith, Council voted, (Ayes: Ms. Szakos,
    Mr. Huja, Mr. Norris, Ms. Galvin, Ms. Smith; Noes: None), to meet in closed session for
    (1) 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, (2) Consultation with legal
    counsel and briefings by staff members pertaining to actual litigation involving stormwater
    drainage from the Stonefield development in Albemarle County, where such consultation and
    briefing in an open meeting would adversely affect the City’s negotiating posture, as authorized
    by Va. 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. Smith, Ms. Galvin, 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 – March 4, 2013
    Council met in regular session on this date with the following members present: Ms.
    Smith, Mr. Norris, Ms. Szakos, Ms. Galvin, Mr. Huja
    AWARDS/RECOGNITIONS
    Mr. Huja invited Ms. Renee Hoover to present the Government Finance Officer's
    Association's Distinguished Budget Presentation Award to the City's Budget Department for the
    fiscal year beginning July 1, 2012. Ms. Leslie Beauregard was present to accept the award and
    thanked staff for their work.
    Mr. Tolbert presented the 2013 Annual Planning Awards, which were presented by the
    Planning Commission at their past meeting.
    2
    Mr. Huja read a proclamation for Brain Injury Awareness month. Ms. Leigh Wion was
    present to accept the proclamation.
    Mr. Norris said he wanted to add approval of a letter to the governor regarding a proposed
    hybrid tax under Other Business.
    On motion by Mr. Norris, seconded by Ms. Szakos, the following appointments were made
    to Boards and Commissions: Mr. John Jones to JAUNT; Mr. Mike Gaffney to RWSA and
    RSWA. (Ayes: Mr. Norris, Ms. Szakos, Ms. Galvin, Ms. Smith, Mr. Huja; Noes: None.)
    Ms. Smith read a letter from the City Manager to the children Mr. Alex Zan brought to the
    meeting on February 19, 2013, expressing his appreciation for their performance of "All People
    Matter". Please look for this video on Facebook; it will also run on Channel 10.
    Ms. Galvin announced the comment period for the Belmont Bridge replacement project has
    been extended to March 31. Please call NDS at 970-3182 for more information.
    The next Our Town meeting will be Monday, March 25 at Jackson Via Elementary School
    for the Fry's Spring/Johnson neighborhoods. Also, there are important reports published on the
    City's website from the Office of Economic Development and the Police Department.
    Ms. Szakos announced a special election for Treasurer on April 2. Call 970-3750 or visit
    www.charlottesville.org/vote for more information.
    Mr. Norris announced that Mr. Jones is the father of a new baby girl. Council
    congratulated him on the birth of his daughter.
    MATTERS BY THE PUBLIC
    Mr. Gregory Robertson, 308 Carlton Rd., spoke on behalf of "Stand for the Silent", a group
    of students who are working to combat bullying in the schools. He attended Walker School but
    has been forced to resort to home schooling after suffering from being bullied. "Stand for the
    Silent Charlottesville" is on Facebook, or you can call 855-201-2121 if you need to talk to
    someone. Mr. Huja said he is very proud of Gregory for starting this group.
    Mr. Kenneth Jackson, Rice, Virginia, said he is frustrated and feels hopeless about the
    disappearance of DaShad Sage Smith. He asked Council for support in this ongoing
    investigation. He does not feel police and staff are doing enough to find DaShad Smith.
    Ms. Lolita Smith, 731 Orangedale Ave., DaShad Smith's grandmother, asked Council and
    citizens to help find DaShad Smith. He has been missing for over three months, and she does not
    feel supported.
    Mr. Bemeche Hicks, Rice, Virginia, said he is here to help bring DaShad Smith home. He
    said the investigation is not taking place according to what should be happening. He asked Chief
    Longo to sit down with the family as a whole so everyone can be on the same page.
    3
    Mr. John Heyden, Westwood Dr., said the Human Rights Commission should not be set up
    to monitor the rights of Blacks and protect them against discrimination by Whites. He again
    asserted that based on his very limited research, Blacks commit more crimes than Whites.
    Mr. Randy Page, 1401 Wellford St., thanked Council for meeting with him regarding the
    YMCA over the past few weeks. Parking at the golf course side is no longer available because
    of an added lane. The parking plan is not sufficient.
    Dr. David Brown, 1534 Rugby Ave., said parking is an issue for the YMCA site plan. He
    thanked Council for passing the stormwater ordinance. He said the sequester is going to impact
    Virginia more than any other state. Please take this into consideration when doing budget
    planning for the next fiscal year.
    Mr. Brandon Collins, 418 Fairway Ave., said the Human Rights Commission is not just a
    race issue or a gender issue; it is a "people" issue. This Council has not been able to accept the
    suggestions brought forward by the Dialogue on Race over the past few years. A Human Rights
    Commission without enforcement is almost worthless. He supports the hybrid ordinance that will
    be proposed by Mr. Norris tonight.
    Mr. Walt Heineke, 1521 Amherst St., thanked Council and staff for their work on the
    Human Rights Commission. It is past time to do something concrete about the issues, and a
    decision on this matter is taking too long. Local enforcement will beat anything the EEOC has to
    offer.
    Ms. Holly Edwards, 917 6th St. SE, said she supports the revised Human Rights ordinance
    as proposed by Mr. Norris. She said public housing residents have not been treated fairly and
    professionally in recent CRHA meetings.
    Mr. Robert Smith, Belmont resident, said he supports Mr. Heyden's remarks. He thought
    the Dialogue on Race was not a smart process. He said there is no point in putting the YMCA in
    a park if people have to drive to it.
    Mr. Alex Gulotta, 2110 Tarleton Dr., Executive Director of the Legal Aid Justice Center,
    said the idea of a commission with enforcement powers is to serve people who are not able to get
    relief through the EEOC system, which is too strapped to efficiently deal with local issues as
    they come in. What the government provides does not necessarily meet local needs, and we need
    to supplement these services.
    Ms. Susanna Nicholson, 501 7th St. NE, said publicity on national cases of discrimination
    does not follow through on cases that fall through the cracks. Local referrals could create a more
    meaningful dialogue.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Mr. Huja requested that staff arrange a meeting with Mr. Smith's family and the police.
    Mr. Jones said this has already been offered.
    4
    Ms. Galvin read a statement from L.D. Perry regarding the Human Rights Commission. His
    statement said there was not agreement on a model during the Human Rights Taskforce. There
    is also not sufficient research to show that a commission with enforcement can effect change.
    Ms. Szakos said she was impressed with the courage of Mr. Robertson for speaking in front
    of Council and standing up for victims of bullying.
    Ms. Smith said violence against our children is a serious issue, and she hopes it will be
    addressed. She said there is a similar parking issue at Smith Aquatic Center, and this will be the
    case with the YMCA. She said reading a letter from a citizen during Council Response may set
    a bad precedent.
    Mr. Norris said he was also proud of Mr. Robertson for speaking out. He said he cannot
    imagine the grief and frustration Mr. DaShad Smith's family must be feeling, and he hopes we
    will do all we can to bring him home. He said he spoke with the CEO of the YMCA, and there
    were some statistics that may shed some light on the parking issue. He asked staff to follow up
    on this issue. He thanked Mr. Collins and Ms. Edwards for their support of public housing
    residents and for being advocates of low income citizens. We need to be sure to incorporate
    resident involvement with the CRHA.
    Ms. Smith asked for clarification on the rules for parking at schools. Mr. Huja asked staff
    to look into this issue.
    CONSENT AGENDA
    On motion by Ms. Szakos, seconded by Ms. Galvin, the following consent agenda items
    were approved. (Ayes: Ms. Smith, Mr. Norris, Ms. Szakos, Ms. Galvin, Mr. Huja; Noes: None.)
    a. Minutes for February 19
    Minutes for February 19
    b. APPROPRIATION: Albemarle County Reimbursement for the Fire
    Protection Assessments Project - $8,241.78 (2nd of 2 readings)
    c. APPROPRIATION: Disproportionate Minority Contact in Juvenile Justice -
    $55,556 (2nd of 2 readings)
    d. RESOLUTION: Special Use Permit for a Medical Laboratory at 501
    Locust Ave. (1st of 1 reading)
    Special Use Permit for a Medical Laboratory
    5
    REPORT School Board's Adopted FY 2014 Budget
    School Board's Adopted FY 2014 Budget
    Dr. Rosa Atkins said she was touched by Mr. Robertson's experience with bullying, and
    she assured Council and the community that the schools take such actions very seriously.
    She presented the Charlottesville City Schools budget to Council. She gave an overview of
    new programs and activities, the three year old preschool program, and progress indicators,
    including an increased graduation rate year over year since 2008.
    Mr. Ed Gillespie presented changes and financial highlights since 2009, and a funds
    summary for 2013-2014, including proposed cuts. The schools hope this will be the last year
    significant cuts need to be made.
    Ms. Smith asked if they see a difference between the four year olds who went through the
    three year old program, versus those who did not. Dr. Atkins said they do.
    Ms. Szakos clarified for the public that Council and the School Board have had several
    work sessions on this matter.
    Mr. Norris thanked Dr. Atkins and Mr. Gillespie for their work on these items. He asked
    how the schools are doing in reducing the achievement gap, and what indicators they are using to
    track data. Dr. Atkins said there is a strong correlation between achievement gaps and
    socioeconomic indicators. She said it will take many years for the gap to close, but we are
    making good progress in our community and our schools. The poverty issue needs to be
    addressed alongside the academic issue.
    Mr. Huja asked what the drop-out rate for high school is. Dr. Atkins said there has been a
    significant reduction in the number of students dropping out since 2008. Mr. Huja asked what
    the numbers are for minority students. Dr. Atkins said the students who dropped out were
    mostly minority students.
    Ms. Smith asked how the schools justify cutting the talent development program, but not
    the advanced placement teachers. Dr. Atkins said this decision represents difficult choices we
    have had to make. We have had to look at the schools in a holistic way. They have not cut
    several key programs that address issues for at-risk students. Ms. Smith asked if they have
    looked at City-only students when calculating drop-out rates. Dr. Atkins said once students
    transfer into the City school system, they are viewed as part of the school. Ms. Smith asked to
    see risk factors separated out from out of district students in the future.
    Ms. Szakos said the revenue from out of district students has gone up, which is helping to
    pay for other programs.
    In response to a request from Ms. Galvin, Dr. Atkins discussed the reconfiguration plan and
    the impact on achievement goals, including a new model for the Henry Avenue Learning Center
    6
    and plans for Walker School. Ms. Smith asked if the reconfiguration would increase transitions.
    Dr. Atkins said it would remain level.
    Mr. Norris asked how sequestration may affect the schools. Dr. Atkins said they have been
    cautioned not to overreact. The local affects are not yet apparent. It will affect federal money,
    but because schools rely on local, state and federal funding; the school system has the potential
    to be hit in three different ways, depending on how other revenue streams affect state and local
    monies.
    Mr. Huja said education is a high priority in our community. He thanked the School Board
    for their diligent work on the budget.
    Ms. Galvin said we discussed appointing a committee at the last Council/School Board
    lunch. She requested that we get this added to the calendar after the budget discussion.
    REPORT City Manager's Proposed FY 2014 Budget
    City Manager's Proposed FY 2014 Budget
    Mr. Jones presented to Council. He gave an overview of the new Leadteam Budget
    Review Team process. He reviewed themes for this year's budget, which include strong support
    for City schools, support for Council priorities, and maintaining our tax rate. He gave an
    overview of the budget survey results. He reviewed the impact of our current budget on
    residents. For details on the budget, go to www.charlottesville.org/budget. He reviewed FY2014
    Revenue Projections and gave an overview of the FY2014 General Fund Revenues, user fees and
    revenue enhancements. He gave an overview of funding for our schools, compensation and
    benefits for staff, and reviewed steps that have been taken to balance the budget. He reviewed
    City Council priority alignment and the Capital Improvement Program. He reviewed future
    projections, including school funding, capital needs, declining unemployment, and maintaining
    our AAA bond rating.
    Mr. Norris said he does not remember Council saying we wanted to stop funding First Tee,
    but instead wanted the county to step up and wanted First Tee to seek outside grants. Mr. Huja
    asked if First Tee could continue without the City's money. Mr. Jones said the foundation has
    not stepped up to raise money, and the program may not be able to continue.
    Mr. Norris said there are things localities can do to supplement existing infrastructure to
    support our local system, and we should consider providing income supplements to our public
    defenders. Mr. Jones said we will add this discussion to our work session.
    Ms. Szakos asked what percentage is property tax of total revenue. Mr. Jones said about
    65% of the operational budget revenue, and residential taxes account for about two thirds of total
    property taxes.
    Ms. Galvin asked how many positions we have had to scale back since 2009. Mr. Jones
    said no positions have been eliminated in terms of budget reductions, but services have been
    reduced. Also, vacant positions have remained unfilled.
    7
    Ms. Smith said a decrease in our real estate assessments is making our City a little more
    affordable.
    REPORT: Results - The National Citizen Survey
    Report on Results - The National Citizen Survey
    Ms. Beauregard presented to Council. She reviewed the mechanics of the survey. Ms.
    Szakos clarified that the benchmark represents the median.
    Over all, the "General View of the City” was positive. The survey in 2014 will do a better
    job of isolating groups, particularly students, so we can understand who our respondents are.
    Ms. Beauregard reviewed results according to Council's vision areas. She clarified that some
    respondents seemed to reply based on county amenities, perhaps because most people do not
    realize where the boundary lines are drawn.
    Ms. Gretchen Ellis gave an overview of the responses to open ended questions. Citizens
    ranked Council priorities in order of importance, with "America's Healthiest City" ranking first.
    Ms. Beauregard summarized the City's strengths and areas of concern based on survey
    results.
    Ms. Galvin asked who our peer communities were. Ms. Beauregard said they came from
    all over the country. Mr. Huja said this information would be more useful if compared to similar
    communities.
    Mr. Norris asked if the sample size was large enough to provide for a meaningful
    demographic breakdown based on race, income, and other socioeconomic factors. Ms. Ellis said
    the sample size was statistically significant, although the demographic skewed younger than the
    overall population.
    Ms. Szakos asked about the length of residency statistics and why one third of responders
    say they lived in the City less than two years. Ms. Beauregard said this probably includes
    students, but staff will follow up on this point.
    REPORT / ORDINANCE: Human Rights Commission (2nd of 2 readings)
    Human Rights Commission
    Mr. Ellis presented to Council. Mr. Huja asked him to outline the changes to the ordinance
    since the first reading.
    Ms. Smith said she would like to see the Commission host public comment at the
    beginning and end of each of their meetings, per section Sec. 2-432 (d). Ms. Szakos seconded
    this proposed amendment.
    8
    Ms. Galvin asked to add the word "reconciliation" after "mutual understanding" to Sec. 2-
    436 (b). Ms. Szakos seconded this addition.
    Ms. Galvin asked to add a portion under "Future Enforcement Authority", Sec. 2-437.4,
    offering a sunset provision. Mr. Huja said a sunset clause would be helpful. Ms. Szakos said
    this does not seem necessary because this is already addressed in the ordinance. Mr. Norris
    agreed with Ms. Szakos. Ms. Galvin said this forces a measure of performance to be established.
    Mr. Norris said he does not support this. Ms. Smith said this seems more dramatic than it needs
    to be. Mr. Norris said he supports regular review of the Commission to be sure it is
    accomplishing its objectives. Mr. Huja said Sec. 2-439 could be updated. Ms. Galvin withdrew
    her amendment for a sunset clause. Mr. Brown said the Annual Report section could be updated
    to say "the annual report will include a recommendation regarding the necessity of retaining the
    provisions of this ordinance regarding future enforcement". Ms. Galvin accepted Mr. Brown’s
    suggestion. Mr. Huja seconded this addition.
    Ms. Smith said Sec. 2-433 (c) should be amended to say "City residents" instead of
    "individuals". Ms. Szakos, Mr. Huja and Ms. Galvin agreed. Mr. Norris said we have to have
    purview over an employer blatantly discriminating in the City, regardless of whether their
    employees are City residents. Ms. Galvin said this actually does not make sense, because the
    EEOC cannot reject claims based on residency, pursuant to state and federal law. Ms. Galvin and
    Ms. Szakos withdrew their support. Ms. Smith withdrew her amendment.
    Mr. Norris said the only difference between his ordinance and the original ordinance was
    that the enforcement authority goes into effect immediately. Ms. Galvin said it is inappropriate to
    call this an amendment because of the potentially major cost implications. Ms. Galvin proposed
    tabling both ordinances and allowing for public review and debate of the revised ordinance.
    Ms. Szakos referenced Sec. 2-433 (a) and said she does not want to lose the idea of
    advising our bodies on human rights.
    Ms. Szakos asked if monies from damages could be directed to the Human Rights
    Commission in Sec. 2.437.3 (a). Mr. Brown said this could be added. Mr. Huja said this would
    be a disadvantageous addition.
    Mr. Norris asked to strike the line in Sec. 2-432 (a) stating that "all members of the
    Commission shall serve at the pleasure of City Council" in order to shield Commissioners from
    fearing political ramifications. Ms. Szakos asked if we could add language allowing members to
    be removed only for cause. Mr. Brown suggested the language "any member of the commission
    may be removed by a majority vote of Council for good cause".
    Mr. Norris asked for language compelling City departments, boards, and agencies to fully
    cooperate with the Commission in providing statistics, answering questions, etc. Ms. Szakos
    asked to add the word "reasonable” to Sec. 2-432 (f).
    Mr. Huja asked Mr. Norris to discuss his proposed ordinance.
    9
    Mr. Norris said the only substantive difference is that the proposal he is making goes into
    effect immediately instead of having future enforcement authority. "Future enforcement
    authority" allows the City the option of contracting with a third party to do the intake work on
    cases. This would allow a locally responsive process for resolving individual allegations of
    discrimination and have it supported by the rule of law. This would still allow the City to focus
    its resources in-house on things such as community engagement and the Dialogue on Race, while
    creating a community-based process that is responsive to our citizens when they feel an illegal
    act of discrimination has been committed. This could cost the City less money because we would
    not be performing intake and other administrative tasks in-house. We would only need one full
    time staff person, and the cost of the contract with an outside entity would be dependent on the
    actual volume of cases.
    Mr. Huja asked who would perform mediation. Mr. Norris said we can enlist some nonprofit
    organizations to assist with mediation, which would be part of the package. Non-profits
    may partner with mediation services. It can be a community-based process that draws on
    existing resources. Mr. Huja said we need estimates on how much mediation services would
    cost. Mr. Norris said this would be based on the actual number of complaints instead of hiring a
    full time staff person. Ms. Szakos said most cases will probably see dismissal rather than
    mediation.
    Ms. Galvin said there is evidence that a local ordinance does not necessarily enhance or
    quicken the complaint process.
    Ms. Smith said if the EEOC has offered to come to Charlottesville, it would be almost
    immoral not to take them up on it.
    Ms. Smith said we should state that if City residents are a victim, we will help them,
    instead of telling City businesses if they commit an illegal act, we will prosecute them. Ms.
    Galvin said she agreed that there needs to be constraints on this. Ms. Szakos said if we bring in
    the EEOC and take a hybrid approach, we are expanding the ways we can help residents. Ms.
    Smith said this way we have a place to send anyone who has a complaint.
    Ms. Galvin said she is having trouble making a commitment based on a document that we
    should not be basing policy on, because the research is shaky. Mr. Huja said we need to put the
    hybrid proposal in writing, research the cost, and hold another public hearing the second meeting
    in April. Ms. Szakos and Ms. Smith said they are interested in exploring this possibility. Ms.
    Smith asked for clarification on the Virginia statute about size of qualifying employers.
    Mr. Norris said we can still assist an employee of a small employer who has an issue. Mr.
    Brown said mediation is voluntary. Mr. Ellis said a 5-15 employee size applies to discharges.
    Mr. Brown said we can get clarification on whether this applies to anything that is not a
    discharge.
    Council thanked staff for their hard work over the weekend and during the day on this
    report.
    10
    Ms. Smith asked which of our options apply to people who work at UVA, particularly in
    low wage jobs. She asked if the UVA hospital falls under our purview. Mr. Brown said it seems
    they would be entitled to take advantage of this ordinance since they are in the City.
    Ms. Galvin asked if an EEOC representative and a PHAR representative could be present
    for the public hearing. Ms. Szakos asked if we can get specific local estimates for this project.
    Ms. Galvin said it is important for business owners in our community to know that Council
    understands there were very few complaints made. We do not believe City business owners are
    engaging in discrimination in general, and we support our local employers.
    Ms. Szakos said this is absolutely not a way to bully businesses. We need to educate
    people on what is and is not illegal.
    REPORT / RESOLUTION* Jefferson School Foundation Funding Request
    (1st of 1 reading)
    Jefferson School Foundation Funding Request
    Mr. Burks addressed Council and reviewed their funding request. Mr. Huja said he would
    be willing to waive our policy level. Ms. Szakos said we should fund this from strategic funds
    next year. This project is different from other projects. It is a strategic investment. Mr. Huja said
    we are protecting our earlier investment in this project.
    Ms. Galvin asked staff if this is an appropriate use of the strategic investment funds. Mr.
    Jones said it is not historically, but we could pull from the Council discretionary fund. Council
    agreed to allocate $10,000 from their discretionary funds this fiscal year and committed $40,000
    from next year's budget from a predetermined location.
    On motion by Ms. Smith, seconded by Ms. Szakos, the resolution was approved. (Ayes:
    Ms. Smith, Ms. Szakos, Mr. Huja, Mr. Norris, Ms. Galvin; Noes: None.)
    REPORT / RESOLUTION: Sidewalk Waiver Request for 1517 E. Market
    Street (1st of 1 reading)
    This request has been withdrawn by the applicant.
    REPORT / ORDINANCE: Stonehenge Planned Unit Development (1st of 2
    readings) and ORDINANCE: Stonehenge Planned Unit Development Critical
    Slope Waiver (1st of 2 readings)
    Stonehenge Planned Unit Development
    Stonehenge Planned Unit Development Critical Slopes Waiver
    Mr. Haluska presented to Council. The Planning Commission recommended denial for
    both items.
    11
    Mr. Norris said the options seem to be approving the PUD, going to the by-right plan, or
    getting into a better PUD. He asked if we could work to accomplish the later. Mr. Huja said the
    applicant can submit modifications to the PUD, or submit a new one. Mr. Tolbert said Council
    may refer this back to the Planning Commission to work with the developers on a revised PUD.
    Mr. Huja said we should do this, because the by-right plan is a disaster. Mr. Tolbert said if the
    applicant chooses not to engage, it may still go to the by-right plan.
    Ms. Szakos asked if the property belongs to the applicant. A representative for the
    applicant, Mr. Andrew Roland, said it belongs to Mr. Joe Curly, who has asked his company to
    try to develop the property. Ms. Szakos asked how long it has been approved for by-right. Mr.
    Roland said the plan has been approved since 1891, over one hundred years ago. Ms. Szakos said
    the only reason for not denying this is because of the threat of by-right, but it does not seem like
    a real threat because it has not been economically feasible for 100 years. Mr. Roland said the
    PUD and by-right plan would cost the same to develop. There will be 29 lots, either way.
    Ms. Szakos said she was at both Planning Commission meetings, and the level of
    development of the plan was not what we were used to. Mr. Roland said he took this on after it
    was in process, and agreed that the initial presentation was poor.
    Mr. Huja said Council will likely deny the PUD or give the by-right option. Mr. Roland
    said if Council sends him back to the Planning Commission, it will not go well.
    Mr. Tolbert said we can add this to an April Planning Commission agenda at the earliest.
    Mr. Norris said it does not seem the plan is too far apart from what the Planning Commission
    would like to see. Ms. Galvin said something different needs to happen if this does go back to the
    Planning Commission. There needs to be some guidance, and the applicant should use the
    expertise the Planning Commission has to offer. Mr. Tolbert said we could have a work session.
    Ms. Galvin said it is hard to have clear communication across the dais.
    Mr. Norris told the applicant that the input received tonight was positive and advised him
    to work with the Planning Commission to reach an agreement.
    On motion by Mr. Norris, seconded by Ms. Smith, Council referred both motions related to
    the PUD back to the Planning Commission. (Ayes: Mr. Norris, Ms. Smith, Mr. Huja, Ms. Galvin,
    Ms. Szakos; Noes: None.)
    Mr. Roland asked when the work session could be scheduled. Mr. Tolbert said staff can
    schedule this within two to three weeks, then this will go back to the Planning Commission.
    REPORT / RESOLUTION*Council Meeting Guidelines (1st of 1 reading)
    Council Meeting Guidelines
    Ms. Szakos said citizens should be able to address Councilors individually if they wish, and
    she was uncomfortable with the addition suggested by Mr. Brown that “remarks may only be
    12
    addressed to Council as a whole”. Ms. Szakos asked for revised language requiring remarks be
    addressed directly to Council as a body and not to City staff.
    Mr. Huja asked to delete page 4, number 7, "Address the Council on issues that do not
    concern the services, policies or affairs of the City." Mr. Norris and Ms. Szakos agreed.
    Ms. Szakos requested that the top paragraph on page three stating “Speakers are
    encouraged to provide City Council with written copies of their statements” be deleted. Ms.
    Smith and Mr. Norris agreed.
    Ms. Smith asked to delete "During Matters by the Public speakers may not address a matter
    of business that is the subject of a scheduled public hearing at the same meeting, or that has been
    the subject of a joint City Planning Commission – City Council public hearing" from page 2.
    Mr. Norris said if there is significant, new information then comment may be allowed. There
    was not support for Ms. Smith's amendment.
    Mr. Norris asked to introduce language regarding significant, new information. Mr. Huja
    said we should leave this alone, because we have a history of being flexible on this point.
    Ms. Galvin asked if Council could aim to end meetings by 11:00 p.m. to accommodate
    people who depend on public transit. Mr. Huja said no. Ms. Galvin asked if there could be tow
    sign-up sheets for Matters by the Public for City and non-City to ensure City residents get to
    speak first. Mr. Huja said we do not want to create two classes for people to speak.
    Mr. Brown said Council could schedule the second comment period for a designated time,
    such as 10:00 p.m. Ms. Szakos said we still have reports after that time. Mr. Huja said a solution
    is more difficult than the problem. Ms. Szakos said Council should move more quickly on
    agenda items. Ms. Galvin said we should manage agendas so there are not so many reports on
    one meeting.
    Ms. Galvin said reports should be examined for their importance. They may not always
    need to be presented and discussed. They could just be a report, and not a presentation.
    Unanimous votes on Planning Commission should as a rule go on the consent agenda, to be
    pulled for discussion if necessary. Mr. Huja said we can try this in practice, but we should not
    include it in our written guidelines.
    Ms. Smith said we may want to leave slots open for people with a disability or dependent
    on transportation. Mr. Norris said we can approach this by spontaneously scheduling public
    hearings. Mr. Brown said this has been a problematic approach in the past.
    Ms. Szakos said we can add a thirteenth slot for someone who has a disability or is
    dependent on transportation. There was consensus on Council to try this approach.
    Mr. Norris asked to strike: "As a courtesy to each speaker members of the audience are
    asked to refrain from applause or other forms of approval or disapproval" from the top of page 3.
    Council consensus was to leave the verbiage as-is.
    13
    Mr. Norris asked to strike “and who at a later meeting again engages in behavior justifying
    expulsion” from page 4. In certain cases, it should not be a two strike situation. Council agreed.
    Ms. Smith said we should not be allowed to read a letter. Mr. Huja said we should leave it
    out for now, because it is has not been a problem.
    Mr. Norris asked for added language about what would happen if there were less than
    twelve speakers on page 2, “Rules for Speakers”.
    Mr. Brown asked for clarification on the 13 speaker rule. Mr. Huja asked for this to be
    included in the guidelines.
    Ms. Szakos said we are committed to having a public process, even though it is not
    required.
    On motion by Mr. Norris, seconded by Ms. Smith, the Council Meeting Guidelines were
    approved, as amended. (Ayes: Ms. Smith, Mr. Norris, Ms. Szakos, Ms. Galvin, Mr. Huja; Noes:
    None.)
    OTHER BUSINESS
    On motion by Mr. Norris, seconded by Ms. Szakos, Council voted to approve signature on
    the Hybrid Vehicle Tax Opposition letter. (Ayes: Ms. Smith, Mr. Norris, Ms. Szakos, Ms.
    Galvin, Mr. Huja; Noes: None.)
    Ms. Galvin said this is a complex bill, and the funding source is tied to providing public
    transportation monies.
    Mr. Norris said Del. Toscano and Sen. Deeds said they would have voted against this if
    they were able to do so.
    Ms. Szakos said this provision is damaging to the future of our state.
    MATTERS BY THE PUBLIC
    Mr. Jeff Fogel, 215 Spruce St., said you have to talk about your own conduct and arbitrary
    decision making, which should be constricted. Rules should be instituted about when a public
    hearing will and will not be held. He said he is frustrated about the Human Rights discussion.
    The EEOC is viewed by litigators as a gateway. It does not enforce individual reports of
    discrimination.
    Mr. Walt Heinicke, Amherst St., said it is taking too long to pass the Human Rights
    Commission, and it is embarrassing. You should encourage more citizen input, not restrict it. He
    said he is concerned about backroom discussions. Ms. Galvin should not have been able to read a
    letter from a citizen to support her position. Council needs to have a work session with the
    directors of Human Rights Organizations of area governments.
    14
    Mr. Scott Bandy, Cherry Ave., said he is disappointed that Council was not prepared to
    vote on the Human Rights Commission tonight.
    COUNCIL RESPONSE
    Mr. Huja said he wanted to speak with Mr. Fogel and Mr. Heinicke; he has nothing to hide.
    Ms. Smith said Council had to probe to find out what the reality was.
    The meeting was adjourned.
    Clerk of Council
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    1
    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Monday, March 18, 2013, 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 18, 2013
    Council met in special session on this date with the following members present:
    Mr. Huja, Ms. Szakos, Ms. Galvin. (Absent: Mr. Norris, Ms. Smith.)
    On motion by Ms. Szakos, seconded by Ms. Galvin, Council voted, (Ayes: Mr. Huja, Ms.
    Galvin, Ms. Szakos; Noes: None; Absent: Mr. Norris, Ms. Smith), to meet in closed session for
    (1) 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, (2) Discussion of the
    acquisition of real property for public park purposes, where discussion in an open meeting would
    adversely affect the City’s bargaining position, as authorized by Va. Code sec. 2.2-3711 (A) (3).
    The properties in question are located near Sycamore Street on the former Martha Jefferson
    Hospital site; on 11th Street, N.E.; on Eton Road; across from Azalea Park on Old Lynchburg
    Road and McElroy Drive; at the intersection of Mill Park Drive and Greenbrier Drive in
    Albemarle County; and on Baylor Lane adjacent to Jordan Park; and, (3) Consultation with legal
    counsel and briefings by staff members pertaining to actual litigation involving stormwater
    drainage from the Stonefield development in Albemarle County, where such consultation and
    briefing in an open meeting would adversely affect the City’s negotiating posture, as authorized
    by Va. Code sec. 2.2-3711 (A) (7).
    On motion by Ms. Szakos, seconded by Ms. Galvin, Council certified by the following
    vote (Ayes: Mr. Huja, Ms. Galvin, Ms. Szakos; Noes: None; Absent: Mr. Norris, 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 18, 2013
    Council met in regular session on this date with the following members present: Ms.
    Szakos, Ms. Galvin, Mr. Huja. (Absent: Mr. Norris, Ms. Smith.)
    2
    AWARDS/RECOGNITIONS
    Ms. Galvin read a proclamation for Poison Prevention Week. Ms. Kristen Wenger was
    present to accept the proclamation from Mayor Huja and distributed magnets with the poison hot
    line number, 1-800-222-1222.
    Ms. Galvin read a proclamation in honor of Friendship Court for their farm and water
    conservation practices. A’Lelia Henry, Urban Agriculture Collective of Charlottesville (UACC)
    Board’s Vice Chair, and Todd Niemeier, the farm’s manager, were present to accept the award.
    Ms. Galvin announced the Community Budget Forum at 7:00 p.m. on Wednesday, March
    20 at City Space.
    Ms. Galvin announced a special election on Tuesday, April 2 for the Treasurer. Call 970-
    3250 or visit www.charlottesville.org/vote for more information.
    Ms. Szakos announced StoryFest Day, hosted by WVPT. Clifford the Big Red Dog and
    Cubby the Bear will be present. This is a literary event promoting reading for young children.
    Ms. Szakos read a proclamation in honor of WVPT and Clifford's 50th Birthday Party. Anne
    Jolly was present to accept the proclamation on behalf of WVPT.
    Ms. Szakos announced tree debris collection from the recent snow storm begins today,
    March 18.
    Ms. Szakos announced Fix a Leak Week, March 17-23. For more information go to
    www.epa.org/watersense.
    Ms. Szakos announced the next Our Town meeting on Monday, March 25 at 6:00 p.m. at
    Jackson Via Elementary School.
    Ms. Huja invited Mr. Nana Ghartey to present the Ghana Association Award to the Parks
    and Recreation Department. Mr. Brian Daly was present to accept the award.
    Mr. Huja said the City is making a trip to Winneba, Ghana this spring. If you are
    interested, please contact the City Manager's office.
    Mr. Huja announced an Earth Hour event. On Saturday, March 23, at 8:30 p.m., thousands
    of cities around the world will go dark for one hour during Earth Hour, World Wildlife's annual
    campaign to raise awareness of environmental challenges.
    Mr. Huja read a proclamation for Festival of the Book, which begins tomorrow evening.
    Ms. Nancy Damon was present to accept the proclamation.
    3
    MATTERS BY THE PUBLIC
    Mr. Paul Long, 1410 Grady Ave., said he was disgusted that CAT buses were pulled off the
    street early in the morning during the recent snowstorm. He said Mark Brown, the owner of
    Yellow Cab company, should be ashamed of himself for doubling the cost of cab service during
    the snowstorm. He urged Council to reject Nelson/Nygaard's recommendations in total.
    Mr. Mike Basile, 765 Taylor’s Gap Rd., said he was concerned about Chief Longo's
    testimony to the Senate about universal background checks for firearms. He said he was put on
    the threat list by Chief Longo, and he said his rights are being impeded. He said minorities will
    be targeted through background checks.
    Mr. William Page, 1401 Wellford St., said the YMCA is required to provide the City
    Manager with a five year operational plan. The YMCA has an unimpressive financial record
    during the time their lease was signed. He reviewed their financial statements and said there are
    discrepancies. He asked the City Manager not to approve construction until this is studied.
    Mr. Daniel Bluestone, 501 Park Hill, brought a handout of the quadrant of the new
    interchange proposal around the Charlottesville rescue squad. The top two images show what
    was approved. The middle two images are looking north and south, showing an entirely
    landscaped plan. The skate park was supposed to be returned to a park landscape. He said
    landowners have not been called to consult regarding landscape plans.
    Mr. Kenneth Jackson, 317 High Rick Rd. in Rice, Virginia, spoke about "RAISE", an
    organization formed to act as a contact point for other agencies and resources. He said there will
    be a talent show in April, and he hopes everyone will come to support missing people. He said
    staff has been unwilling to collaborate with community groups who could help find DaShad
    Smith.
    Ms. Nancy Carpenter, 727 Denali Way, said Route 1 and Route 11 proposed routes do not
    have Saturday service, and this serves residents who do not have direct access to a grocery store.
    She said there have been positive steps as well, but there needs to be more outreach. University
    Transit is good for students but does not work for everyday people.
    Mr. Sam Towler, 1601 Green St., south of Belmont Park, said he has taken the bus to work
    for the last three years because they do such a great job in the winter. He is concerned that the
    new route stops all service to Belmont Park.
    Ms. Wes Bellamy, 1002 Linden Ave., invited everyone to the HYPE Real Men 101 and
    Real Women 101, for grades 6 - 12 this Saturday at the Carver Recreation Center in the new
    Jefferson School.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Mr. Huja asked Mr. Jones to inform the public about efforts made to meet with the family
    of DaShad Smith. Mr. Jones said a meeting that was scheduled for March 13 was cancelled by
    4
    Mr. Jackson. There have been at least six meetings between the police department and the Smith
    family.
    Ms. Galvin said she believes our local criminal justices are working to improve information
    sharing. She told Mr. Basile that she supports Chief Longo's position on criminal background
    checks. Ms. Galvin said she thought we were going to have a parkway entrance we are proud of,
    and a parking lot does not fit this bill. She asked staff to follow up on this.
    Ms. Szakos said she was proud of Chief Longo's testimony, and background checks are the
    least we can do for people who are buying lethal weapons. Gun purchasing and ownership is
    overwhelmingly by white, rural men, so she does not see this as a racism issue. She asked
    citizens not to bring Council lengthy reading material the night of the meeting, because it is an
    ineffective way of communicating information and wastes paper. Ms. Szakos wanted to reassure
    Mr. Jackson's daughter that many people do care very much about DaShad Smith, and people are
    working on this case tirelessly.
    Mr. Huja said he agreed with his colleagues about background checks.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the following appointments were made
    to Boards and Commissions: to the Charlottesville Economic Development Authority: Mr. Ethan
    Dunstan and Mr. Adrian Feltz; to the Parks and Recreation Advisory Committee, Ms. Llezelle
    Dugger; to the RWSA and RSWA, Mr. Maurice Jones and Ms. Judy Mueller. (Ayes: Mr. Huja,
    Ms. Galvin, Ms. Szakos; Noes: None; Absent: Mr. Norris, Ms. Smith)
    CONSENT AGENDA
    On motion by Ms. Szakos, seconded by Ms. Galvin, the following consent agenda items
    passed (Ayes: Mr. Huja, Ms. Galvin, Ms. Szakos; Noes: None; Absent: Mr. Norris, Ms. Smith):
    a. Minutes for March 4
    Minutes Mar 4
    b. APPROPRIATION: State Assistance for Spay and Neuter Program at SPCA
    - $757.59 (1st of 1 reading)
    State Assistance for Spay and Neuter Program
    c. APPROPRIATION: 2013 Juvenile Accountability Block Grant (JABG) -
    $11,111 (1st of 2 readings)
    2013 Juvenile Accountability Block Grant
    d. RESOLUTION: Zoning Text Initiation - Affordable Dwelling Unit Ordinance
    (1st of 1 reading)
    5
    Zoning Text Initiation - Affordable Dwelling Unit Ordinance
    e. ORDINANCE: Quitclaim Gas Easement to VDOT (Townbrook
    Crossing/Court in Dunlora Gates Subdivision) (1st of 2 readings)
    Quitclaim Gas Easement to VDOT
    PUBLIC HEARING: FY 2014 Tax Rate
    REPORT_TaxRateCityBudget
    PUBLIC HEARING: City Manager's Proposed FY 2014 Budget
    City Manager's Proposed FY 2014 Budget
    Mr. Jones presented a powerpoint to Council. He reviewed user fees and revenue
    enhancements, funding, gave an overview of budget reductions, reviewed the Capital
    Improvement Program, and reviewed future needs.
    Ms. Szakos asked for a comparison of the tax rate compared to other areas. Mr. Jones said
    staff will get this information for Council.
    On motion by Mr. Huja, the public hearing on the Tax Rate for FY2014 was opened.
    Having no speakers, the hearing was closed.
    On motion by Mr. Huja, the public hearing on the City Manager's Proposed Budget was
    opened.
    Mr. Louis Desobry, 608 9th Street, said he believed his program, Open Source Recycling,
    could have scored higher and should be funded.
    Mr. Kraig Chapman, 401 4th Street NW, said he was given a computer by Open Source
    Recycling, and as a low income veteran, he would not have been able to afford this amenity. He
    described other ways he has benefited from the group.
    Mr. Scott Brown, 1407 Lester Dr., speaking on behalf of the First Tee program, said
    Council should support the contract made with the First Tee to operate through 2019. Council
    should reduce funding for sidewalks to support this program.
    Ms. Leann Probst, 2202 Greenbrier Dr., said she supports the First Tee of Charlottesville.
    This is a fun way for kids to learn core values and life skills. She shared her son's positive
    experience with the program.
    6
    Mr. Rauzelle Smith, 133 Weston Trail, Ruckersville, said he requested eliminating the
    disparity between local prosecutors and public defenders. The public defender’s office has been
    unable to retain their employees because of low income.
    Mr. Wayne Hall, County resident, said there are a number of people here from First Tee to
    tell their stories. This is a small part of the over City budget and will affect over 470 children.
    Mr. Dick Gibson, 674 Hillsdale Dr., Chairman of JABA, thanked Council for their past
    support. He requested that they increase the support for Mountainside Senior Living Facility in
    Crozet, which provides low cost assisted living for citizens in the area.
    Ms. Marta Kane, resident of Albemarle County and Chief Operating Officer for JABA,
    read quotes supporting care for elders in the community. She reviewed the work of JABA and
    asked Council to increase funding for the Senior Living facility. She asked Council to fund a
    $15,000 match for their healthcare programs.
    Mr. Thadd Probst, 2202 Greenbrier Dr., spoke on behalf of the First Tee of Charlottesville,
    where he has been a member for six years. He said the program has changed many lives both on
    and off the course.
    Ms. Susie Hoffman, 1203 Augusta St., said Council should reinstate funding for the First
    Tee program, which has been beneficial for her son. She explained how the program teaches
    children core values. She asked Council to provide funding at least through the end of the
    contract.
    Mr. Ian Buchanan, County resident, said he has been a First Tee participant for five years,
    since he was nine years old. He asked Council to continue funding the program, which provided
    him with access to a sport he would not have otherwise had. He said the program teaches life
    skills to children.
    Mr. Tom Eckman, 1990 Bentivar Rd., retired resident, said he became involved with
    International Rescue and the First Tee program. Some of the Somalian refugees he mentored
    have successfully graduated from the First Tee program, and it has made a difference to them.
    Mr. Ron Buchanan, 2734 Fernlead Rd., Albemarle County, said his son Ian has been a First
    Tee participant for the past five years. This program is about much more than golf. Using golf to
    teach life skills is a powerful tool with measurable results.
    Ms. Katherine Davis, 205 Brookwood Dr., said she is here as a representative of the
    Paramount Arts program, which has been recommended for a 25% decrease from the previous
    year. She said 100% of the funding requested from the City supports City students.
    Ms. Cathy Von Storch, 250 Chestnut Oak Ln., advocated for the restoration of funding for
    the Paramount Arts program. She cited service to low income students and increased
    participation as reasons for continued level funding.
    7
    Mr. John Pfaltz, 1503 Rugby Rd., said Council should look at the retirement fund,
    pensions, and the debt service fund and long term debt. He said the interest in our debt service
    has doubled. Public works has been doing a fantastic job cleaning up after the last snow storm.
    Mr. John Putalik, 2220 Shepherds Ridge Rd., volunteer for the First Tee program, has been
    with the program almost since its inception. He urged Council to attend one of the program
    sessions so they can appreciate their value. This program is important because it fosters character
    development in the children who participate.
    Ms. Julie Caruccio, 752 Lexington Ave., said she is here on behalf of the Community
    Investment Collaborative (CIC). She spoke to the relationship between CIC and UVA programs
    and students.
    Ms. Sandra Carter, 738 Orangedale Ave., said she is a CIC graduate, and this is where she
    learned how to run her business. She asked Council to support CIC.
    Ms. Liz James, 100 Melbourne Park Cir., said she is a single mom of 15 years and raised
    three children on her own who are now all in college. Now that she is ready to move forward
    with her life, CIC has given her the tools to do so. She has opened The Happy Tomato, and the
    CIC has given her the ability to make her vision a reality.
    Mr. Pete Costigan, 418 Qudoph St. in Ruckersville, said he is a retiree and has served on
    several non-profit boards and committees over the past several years. He has read CIC's business
    plan, attended their graduation ceremony last August, and participated in a recent mentor
    program. He cited reasons why CIC is a successful program.
    Mr. Cle Logan, 103 Providence Rd., said CIC has been instrumental in his success as a
    business person. He now has the knowledge he needs to operate a business.
    Mr. Quinton Harrell, County resident, said he has owned businesses in the City for some
    time. He said economic empowerment tackles many disparities we struggle with in the City. He
    said Mr. Toan Ngyuen is very trustworthy and passionate.
    Mr. Douglas Muir, 1482 Minor Ridge Ct., said he owns Wild Wing Cafe and Bella's
    Restaurant and was approached by Mr. Ngyuen a while ago. He is now passionate about
    teaching entrepreneurs, and the students at CIC are hungry for information.
    Mr. Toan Ngyuen, 710 Lyons Court Ln., thanked Council for their contribution and support
    of CIC. He said they are asking for funding because demand has increased so much. They hate
    to turn applicants away.
    Mr. Andy Jones Wilkins, Albemarle county resident, said he is here in support of the First
    Tee program. A relatively small commitment will help build character for our children.
    Ms. Anna Buchanan, County resident, said she is here in support of the First Tee program.
    This program is about values and life skills.
    8
    Mr. John Healy, County resident, said he supports the First Tee of Charlottesville.
    Ms. Leslie Luxemburg, said she supports the First Tee program, which is phenomenally
    run.
    Having no further speakers, the hearing was closed.
    Mr. Huja said Council still has several work sessions on the budget and will comment on
    specific items at that time.
    PUBLIC HEARING / RESOLUTION: HISTORICAL SOCIETY LEASE (1st of 1 reading)
    Historical Society Lease
    Mr. Rich Harris presented to Council on the Albemarle Charlottesville Historical Society
    lease proposal. He reviewed the history of the lease and the negotiations with the Historical
    Society. He explained that the lease is structured to encourage the Historical Society to take steps
    to establish a better financial situation for themselves in the next four years.
    Mr. Maynard Sipe, legal representative for the Historical Society, said the Society is
    looking forward to continuing a good relationship with the City. He described the benefits the
    Society provides to the City.
    Ms. Galvin asked about the letter included in the resolution. She asked who will monitor
    the five points set out in the letter to ensure the terms of the letter are met. Mr. Harris said the
    Society is going to report to Council annually, and Facilities Maintenance will follow up on
    monitoring their financial statements. Ms. Szakos asked that the letter include language to that
    effect.
    Mr. Jones read a change suggested by Mr. Norris, combining d and e from the letter to read
    "produce and submit to the City Council an annual progress report…accompanied by an annual
    audited financial statement."
    Mr. Sipe said the Society views the letter as goals that they intend to make progress on, and
    they felt the burden would be on the Society and would not require additional external staff time
    or effort. Also, they are hoping to avoid incurring the expense of an annual audit, because this is
    a significant expense in terms of the operating budget. Mr. Huja said this could be amended to
    say audited financials would be provided in four years.
    Ms. Galvin thanked the Historical Society for their renovations.
    On motion by Mr. Huja, the public hearing was opened. Having no speakers, the hearing
    was closed.
    9
    On motion by Ms. Szakos, seconded by Ms. Galvin, the resolution passed with the addition
    that staff would monitor progress through facilities maintenance. (Ayes: Mr. Huja, Ms. Galvin,
    Ms. Szakos; Noes: None; Absent: Mr. Norris, Ms. Smith)
    RESOLUTION: CHARLOTTESVILLE HOUSING FUND ASSISTANCE FOR JABA
    PACE HOUSING AT 1335 CARLTON AVENUE - $500,000 (1st of 1 reading)
    Ms. McHugh presented to Council. This is for a project to be co-located at 1335 Carlton
    Ave., along with the PACE program. She described the nature of the project and the citizens it
    would serve.
    Ms. Galvin said there is a question of whether or not we were actually concentrating low
    income housing in this part of the City when you look in context of Sunrise across the street.
    The 2012 Comprehensive Plan housing chapter is moving towards a scattered approach to
    achieving the 15% affordable housing goal. Also, that site was a major employment center. We
    are not replacing it with a very good growth track employer.
    Mr. Chris Murray, JABA, explained that the original proposal, which was to develop on
    both sides of the street. The development at Sunrise has been put aside, and they will come back
    to Council for support for a child care program in the future. He envisions this will be a
    significant employer, creating about 50 jobs.
    Ms. Szakos said one thing that mitigates housing concentration is that residents who need a
    particular service and are limited by mobility issues are well served by this structure.
    Mr. Huja said he believes he does not have a conflict of interest, as he does not receive any
    payment from JABA.
    On motion by Ms. Galvin, seconded by Ms. Szakos, the resolution passed unanimously.
    (Ayes: Mr. Huja, Ms. Galvin, Ms. Szakos; Noes: None; Absent: Mr. Norris, Ms. Smith)
    REPORT: TRANSIT STUDY UPDATE
    Mr. John Jones and Mr. Geoff Slater from Nelson/Nygaard presented their final
    recommendations to Council. He reviewed goals of the study, recommended changes, cost
    impacts, and gave an overview of what could be done with increased funding.
    Ms. Szakos asked about Route 11. In light of the fact that on Wednesday evening, the
    Albemarle County Board agreed to spend $47,000, she asked if we could we get something
    better than just the late service for Greenbrier. Mr. Huja asked if Greenbrier could get flex
    service. The consultants explained the pros and cons of various service options. Mr. Huja asked
    why there would have to be a 24 hour lead time for reservations. He said the current LINK
    service is poorly explained. If it were marketed effectively, it may be utilized more efficiently.
    10
    Ms. Galvin said it is compelling to look at the cost efficiency of alternatives to committed,
    fixed routes.
    Ms. Szakos said a hybrid plan to help build demand would be great, with an anchored flex
    service plan, or a two day per week plan. She said it is important to be sure we have buses
    available for all voting locations. The consultants said this is not something they examined, and
    there could be a special service for voting days.
    Ms. Szakos said if a citizen who is truly unable to walk to their bus route would be eligible
    for JAUNT. The consultants said this should make them eligible.
    Ms. Galvin said there are some areas where the coverage is different, but increased service
    area and ridership are indicators that this is more effective routing. Having access to major
    employment centers will be extremely valuable to residents.
    Ms. Galvin confirmed that if we do the alternate Route 11, then Route 5 will no longer
    have the loop.
    The consultants said they have enjoyed working with City staff.
    REPORT: TREE COMMISSION REPORT
    Mr. Chris Gensic presented to Council on the State of the Urban Forest. He reviewed the
    value of trees, the urban forest management plan, tree canopy protection and enhancement, and
    canopy expansion. He introduced the Tree Commission, which was formed in 2010 by Council
    initiative. He introduced Ms. Bitsy Waters to present to Council on the activities of the Tree
    Commission.
    Ms. Waters thanked Council for their support. She outlined challenges the community
    faces, reviewed the Tree Commission's plan for future activity, and introduced the idea of a
    heritage tree protection ordinance. She said a long-term goal is to build overall staff capacity to
    address tree infrastructure issues.
    Ms. Galvin said the PLACE Design Task Force has been made aware of a disconnect
    between trees and zoning ordinances. We should be in sync with our aspirations. The Water
    Street Extended project is not being planted with trees. She asked Mr. Jones if staff would revisit
    street trees in the Water Street Extended project.
    Mr. Huja said he is interested in the Commission's work on an ordinance.
    Ms. Szakos said trees should be a consideration in every part of the Comprehensive Plan in
    order to ensure we remain a green city. She asked if there are resources available to people who
    want to plant trees but may not be able to do so financially. Ms. Waters said there are
    community resources available, including the Tree Stewards, that can assist with this.
    11
    Ms. Galvin said we should integrate the findings of the Tree Commissions with the
    bike/pedestrian street sections Ms. Poncy is working on. She invited Ms. Waters to the PLACE
    meeting next Thursday, which will be about green infrastructure.
    REPORT: PIEDMONT FAMILY YMCA FINANCIAL PLAN
    Piedmont Family YMCA Financial Plan
    Mr. Jones presented to Council. YMCA representatives gave a presentation to Council on
    their financial plan. Mr. Kurt Krueger, Chairman of the Piedmont YMCA, gave Council an
    overview of the history of the YMCA. He said this plan has to be finalized by April 1, or he will
    lose his bid price due to rising steel costs. Mr. Krueger said the plan only covers the new facility
    at McIntire Park, not existing facilities. The financing commitment is for nine years. The Y is
    using data from the national Y organization, Y-USA.
    Ms. Szakos said the ground lease requires that this report go to the City Manager, and she
    asked Mr. Jones if he was satisfied. Mr. Jones said he sent a series of questions to Mr. Krueger.
    He asked Mr. Krueger what his plan was to raise the additional $2 million needed. Mr. Krueger
    said with the lawsuit behind them, they believe they can comfortably raise $2 million based on
    activity prior to the lawsuits.
    Mr. Jones asked for clarification about the number of pool personnel, which seemed low
    compared to the City's Parks and Recreation staff. Mr. Krueger said the Y's facilities will not be
    of the same caliber as the Smith Aquatic Center. Also, YMCA staffers perform duplicate tasks.
    They have compared numbers to area YMCAs and are comfortable that their staffing level is
    sufficient.
    Mr. Jones asked Mr. Krueger to address concerns that the Y is losing money based on the
    990 forms. Mr. Krueger said a 990 is not an operating statement, but a look at assets over the
    year. Soft costs for architect's fees and design work are reflected in the 990 and are not a true
    reflection at this stage. Mr. Jones asked if the Y is making money in Crozet. Mr. Krueger said
    they made $3,000 in the first year, but they are a non-profit and are trying to keep rates as low as
    possible. Mr. Jones asked if they have any other membership money coming in. Mr. Krueger said
    all programs are fee based.
    Mr. Huja asked Mr. Jones if he was satisfied that the YMCA is fulfilling their
    requirements. Mr. Jones said staff does feel comfortable that they are doing so, although there is
    clearly further work to do.
    Ms. Szakos said she was dismayed by the private clubs' lawsuits against the YMCA and
    suggested the Y ask them for the extra $800,000 it has cost them
    .
    12
    OTHER BUSINESS: STONEFIELD SETTLEMENT
    Mr. Brown said the City is currently involved in litigation with Stonefield involving a
    stormwater drainage issue. Staff has been involved in mediation and is prepared to recommend a
    consent order, which settles the pending lawsuit between the developers at Stonefield and the
    City of Charlottesville.
    On motion by Ms. Szakos, seconded by Ms. Galvin, Council authorized the City Attorney
    to execute the consent order. (Ayes: Mr. Huja, Ms. Galvin, Ms. Szakos; Noes: None; Absent:
    Mr. Norris, Ms. Smith.)
    MATTERS BY THE PUBLIC
    Mr. William Page, 1401 Wellford St., said parking was a real problem for the YMCA, and
    this could be a noose around their financial neck. He said the community is not behind this
    facility, based on the number of pledges they have received. This could be a real blow to the
    taxpayers if this project fails.
    The meeting was adjourned.
    Clerk of Council
  • Charlottesville City Council Meeting

    1
    COUNCIL CHAMBERS – April 1, 2013
    Council met in regular session on this date with the following members present: Ms. Smith, Mr.
    Norris, Ms. Szakos, Ms. Galvin, Mr. Huja
    AWARDS/RECOGNITIONS
    Mr. Huja announced a special election for Treasurer will take place tomorrow. He
    encouraged citizens to vote.
    Mr. Huja read a proclamation declaring April as Child Abuse Prevention Month. KatieAnne
    Padalino and two other CYFS staff members were present to accept the proclamation and
    invited citizens to the Pinwheel Garden tomorrow morning. There will also be a parade on April
    23.
    Mr. Norris announced that the City Market will open this Saturday, April 6 at 7:00 a.m.
    Ms. Szakos announced the next Our Town meeting will be for the Willoughby/Burnett
    Commons neighborhoods on April 25 at Jackson Via Elementary School from 6:00 p.m. - 8:00
    p.m.
    Ms. Galvin read a proclamation for Local Government Education Week.
    Ms. Smith announced City offices will be closed Friday, April 12 in honor of Thomas
    Jefferson's birthday. Trash, recycling and transit schedules are not affected.
    Ms. Smith said Burnley Moran first graders visited City Hall recently, and Anya Movius,
    one of the first graders from the class, read a letter.
    MATTERS BY THE PUBLIC
    Mr. Paul Long, 1410 Grady Ave., asked Council to reject in total the Nelson/Nygaard
    transit recommendations. He asked Council to help create a regional public transportation
    authority that includes surrounding counties.
    Mr. Kenneth Jackson, resident of Rice, Virginia, said citizens should be careful how they
    speak about race and be sensitive to minorities. He provided a letter to Mr. Huja that was sent to
    the City Manager's office. He said DaShad Smith was missing for four months, and he demanded
    that Council do something about it. RAISE for Sage, a support group for missing people, is
    moving forward as an organization.
    Mr. Brandon Collins, 418 Fairway Ave., said HUD never talked to public housing residents
    about what their experience has been with the public housing authority. Changes are needed. He
    asked Council to take CRHA's proposed changes seriously, because it could contribute to
    increased homelessness.
    2
    Ms. Nancy Carpenter, 727 Denali Way, agreed with Mr. Collins about the problems with
    low income housing. She said there are three recommendations she does not agree with
    regarding the transit study. The transit hubs, especially the one on JPA by the UVA Medical
    Center, the shelter is not wheelchair accessible. Please upgrade this hub. There is no safe way
    for a transit rider to pick up at Sherwood Manor or the Villas without someone standing in a
    concrete culvert on the new Route 3 onto Old Lynchburg Road. The Elliot Avenue PUD, which
    will include low income units, has stops along the route, but there will not be direct access along
    Elliott Avenue.
    Mr. Wes Bellamy, 1002 Linden Ave., said he is here with a few HYPE participants who
    wanted to thank the City for allotting funds for next year. Their cumulative GPA has improved
    dramatically.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Ms. Smith thanked Ms. Carpenter for her detailed look at the transit study.
    Ms. Szakos said Mr. Long's expectations cannot be done easily, and we need to contact our
    state legislators to make sure there is constant pressure for change. We are working on a transit
    authority. She also thanked Ms. Carpenter. She welcomed the HYPE group.
    Ms. Szakos asked Mr. Jones to respond to Mr. Jackson's remarks. Mr. Jones explained the
    history of the meetings scheduled and cancelled between Mr. Jackson and staff.
    Ms. Galvin said it is her understanding that we have already approved the ability to form a
    regional transit authority. Mr. Jones said this has been granted by the General Assembly, but we
    cannot raise the revenue needed to fund such an authority. Without that, the City and County
    determined they could not form an authority until provided with a sustainable funding source.
    Ms. Galvin said we are very committed to working on this, and it will take a change at the
    General Assembly level. She thanked Ms. Carpenter for her remarks. She thanked HYPE for
    coming. She thanked Mr. Collins for coming and said Council is watching the public housing
    issue very closely.
    Mr. Norris thanked Mr. Jackson for taking the initiative to start RAISE for Sage and
    making it an asset for our region. He asked staff to follow up on the hub at JPA not being
    wheelchair accessible. In response to Mr. Collins, he agreed that we cannot balance the budget
    of the Housing Authority on the backs of our public housing residents.
    Mr. Huja said the Housing Authority is not doing anything behind anyone's back. The
    changes will not make a dent in our budget, but there is a mandate to have a certain amount of
    money, and we need to make changes that may create a hardship for some people.
    3
    CONSENT AGENDA
    Ms. Smith requested item j regarding the Elliott PUD be pulled from the consent agenda
    to clarify proffer language.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the consent agenda passed, with the
    exception of item j. (Ayes: Ms. Szakos, Ms. Galvin, Mr. Norris, Ms. Smith, Mr. Huja; Noes:
    None.)
    CONSENT AGENDA* (Items removed from the consent agenda will be
    considered at the end of the regular agenda.)
    a. Minutes for March 18
    Minutes for March 18
    b. APPROPRIATION: 2013 Juvenile Accountability Block Grant (JABG) -
    $11,111 (2nd of 2 readings)
    2013 Juvenile Accountability Block Grant (JABG)
    c. APPROPRIATION: Insurance Settlement for Damaged Police Car - $20,506
    (1st of 2 readings)
    Insurance Settlement for Damaged Police Car
    d. RESOLUTION: Charlottesville Climate Protection Program Update and
    LEAP Fund Appropriation Request - $100,087 (1st of 1 reading)
    Charlottesville Climate Protection Program Update and LEAP Fund Appropriation
    Request
    e. RESOLUTION: McIntire Exterior Improvements - Fund Transfer from
    Facilities Repair Account to Facilities Large Cap Account - $57,417 (1st of
    1 reading)
    McIntire Exterior Improvements
    f. RESOLUTION: Donation of Surplus Fire Engine to Piney River Volunteer
    Fire Department (1st of 1 reading)
    Donation of Surplus Fire Engine to Piney River Volunteer Fire Department
    g. RESOLUTION: Unplanned Expenses for General Registrar During FY 2013 -
    $76,243 (1st of 1 reading)
    4
    Unplanned Expenses for General Registrar During FY 2013
    h. ORDINANCE:Quitclaim Gas Easement to VDOT (Townbrook
    Crossing/Court in Dunlora Gates Subdivision) (2nd of 2 readings)
    Quitclaim Gas Easement to VDOT
    i. ORDINANCE: Johnson Village PUD Amendment (1st of 2 readings)
    Johnson Village PUD Amendment
    j. ORDINANCE: Elliot Avenue PUD (1st of 2 readings) pulled by Ms. Smith
    k. REPORT: LEAP Update (Annual Reports and Energize!250)
    LEAP Update
    PUBLIC HEARING: City Council's Proposed FY 2014 Budget
    Proposed Budget, Tax Levy & Budget Appropriation for FY 2014
    Ms. Beauregard presented to Council. This reflects the amendments Council has made so
    far. She reviewed budget revenue and expenditure amendments. In response to Mr. Huja, she
    clarified that we are not proposing any increase in taxes.
    On motion by Mr. Huja, the public hearing was opened.
    Ms. Rose Brown, from Streamwatch, introduced their new director, Mr. David Hannah.
    She thanked Council for granting them level funding and gave a brief overview of their
    operations and activities.
    Ms. Betty Fellon, Fox Mountain Rd., said she is a member of the Paramount Education
    Committee, and she read a letter from a local art teacher. The letter encouraged Council to
    provide funding for the Paramount Arts program because of its positive impact on City youth.
    Ms. Henny Bosworth, Chair of the Paramount Theatre Education Committee, read a letter
    from Catherine Rogers, a first grade teacher at Clark Elementary, who has organized several
    field trips for her students to performances at the Paramount Theatre.
    Ms. Cathy Von Storch, County resident and Education Coordinator at the Paramount, read
    a letter on behalf of Jeff Suling, Fine Arts Coordinator at Charlottesville City Schools. The letter
    encouraged Council to restore full funding to the Paramount.
    5
    Ms. Mary Reese, County resident and former Assistant Superintendent of City Schools,
    spoke on behalf of the Arts Education program at the Paramount Theatre. She encouraged
    Council to attend a performance with the students to see the effect it has on them.
    Ms. Susan Worthington, 1308 Rose Hill Dr., third grade teacher at Jackson Via Elementary
    School, asked Council to reinstate the 25% budget cut to the Paramount Theatre arts program.
    She described what the program means to her students.
    Ms. Shannon Gellican, 632 Prospect Ave., preschool teacher at Jackson Via Elementary
    School, said the Paramount Scholarship Fund is important to her students because it enriches
    their lives.
    Mr. Jim Hingeley, Graves St., spoke on behalf of the pay equity proposal for the
    Commonwealth Attorney's office. He asked Council to bring public defender's pay up to par with
    the prosecutor's office.
    Ms. Llezelle Dugger, 428 2nd Street NE, advocated for public defender's pay. She said the
    office is losing experienced employees because of parity in pay.
    Mr. John Pfaltz, 1503 Rugby Rd., said pension benefits far exceed the City contribution.
    Mr. Jeff Fogel, 215 Spruce St., said he supports the proposal to supplement the public
    defender's office income. All citizens deserve equal representation, regardless of what they can
    pay.
    Ms. Colette Hall, 101 Robertson Ln., said it is unfair for nonprofits to come before Council
    after the ABRT process has closed. Council should not give in to these requests. She said the
    police department is underfunded, which is dangerous for citizens.
    Mr. Piere Vonton, 320 4th St. SE, spoke on behalf of the CIC, which he said is an
    important program to Charlottesville.
    Ms. Kate Pierce, 1815 Jefferson Park Ave., student at UVA, spoke on behalf of the CIC.
    She invited Council to experience at Carter's Mountain on May 11 from 6:30 p.m. – 9:30 p.m.
    Mr. Nageeb Shroff, 105 Robinson Woods, spoke in support of CIC.
    On motion by Mr. Huja, the public hearing was closed.
    Ms. Szakos asked Mr. Wray if he thought there was anything new Council should know
    about in regards to the retirement fund in light of Mr. Pfaltz's comments. Mr. Wray said as long
    as Council is willing to make the necessary increased payments, there should be no issue for
    retirees in the future. The Retirement Commission keeps a close eye on such issues and
    discusses possible modifications to the plan as needed.
    Ms. Smith asked about the public defenders pay. She asked if the public defender’s office
    were separated between City and County. Mr. Hingeley said they are a joint, state-funded office.
    6
    He explained the logic behind the percentages they are asking for of the City and the County.
    Ms. Galvin asked if the percentage between City and County may change year by year. Mr.
    Hingeley said he does envision that would be the case because adjustments would be made based
    on the previous years’ experience. In response to a question from Mr. Norris, Mr. Hingeley said
    there has been positive response to this proposal by the County Board of Supervisors in concept.
    ORDINANCE: Annual Tax Levy (1st of 2 readings)
    On motion by Mr. Norris, seconded by Ms. Smith, the ordinance carried for a second
    reading.
    ORDINANCE: Annual Budget Appropriation for FY 2014 (1st of 2 readings)
    On motion by Ms. Szakos, seconded by Ms. Galvin, the ordinance carried for a second
    reading.
    APPROPRIATION: Approval and Appropriation of CDBG & HOME funds for
    FY 2013-2014 – $609, 729.43 (1st of 2 readings)
    Approval and Appropriation of CDBG & HOME funds for FY 2013-2014
    Ms. Thackston presented to Council. This agenda item includes project recommendations
    and appropriations for the Community Development Block Grant (CDBG) and HOME
    Investment Partnerships (HOME) funds to be received by the City of Charlottesville from the US
    Department of Housing and Urban Development. She reviewed the CDBG and HOME Project
    Recommendations for FY 12-13.
    Ms. Smith asked what Phase 2 funding is. Ms. Thackston said the full $200,000 was not
    requested from applicants, so if any programs that exceed their expectations or another proposal
    comes through, they can grant money. She said the money could be moved at Council's
    discretion.
    Ms. Galvin said there are organizations under Economic Development that are getting
    funds who are also asking for funds through ABRT. She asked what the difference is. Mr. Huja
    asked for the CIC to explain the difference between their requests. A representative from CIC
    said the money requested from the Charlottesville Housing Fund (CHF) is used to make loans,
    and the money requested from the City Council budget is used for operational purposes.
    Ms. Smith asked for clarification about the Belmont Cottages. Ms. Thackston said these
    funds will go towards down payment assistance. Ms. Smith said this seems out of balance, and
    we could get more for our money if we thought about this strategically.
    Ms. Szakos asked when the amount of money coming from HUD would change. Ms.
    Thackston said if it goes down, it will be prorated by whatever the decrease percentage is. She
    7
    asked if it is likely to go up or down very much. Ms. Thackston said they are hoping it will be an
    increase of around 5%.
    Ms. Szakos asked who decides what happens to the unallocated $50,000. Ms. Thackston
    said it has to go back through the public process and will go back to Council.
    Ms. Szakos asked about using allocated money from the CHF for bicycle infrastructure.
    Ms. Thackston said the project has to be CDBG eligible. Bike improvements may be eligible
    only if it is in the right neighborhood. Ms. Szakos said she views that as Economic Development,
    and would rather use money from this than the housing fund for bike infrastructure. Mr. Norris
    agreed with this proposal.
    Mr. Norris said we should adopt and mirror Fluvanna's CIC loan grant. We should consider
    the $60,000 for CIC to be our loan fund for Charlottesville-owned businesses that meet the
    CDBG income guidelines. Ms. Szakos said we should look at the CIC budget more closely
    before doing this. Mr. Norris said we should consider this through the ABRT process. Mr. Huja
    agreed that we should use some funding for the loan and proposed a $50,000/$10,000 split. Mr.
    Jones said we should discuss the ABRT request at Thursday's work session, and then amend this
    appropriation on the second reading as needed based on that discussion.
    Ms. Smith said we need low income owner-occupied housing upgrades. We can get a lot
    for our money if we orient funding to preserving our existing structures. She said the LEAP
    partnership has multiplying effects.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the appropriation of CDBG & HOME
    funds for FY 2013-2014 carried.
    REPORT: Albemarle County Service Authority's Payment for Ragged
    Mountain Property – $765,000
    Albemarle County Service Authority's Payment for Ragged Mountain Property
    Mr. Jones reported to Council. In early 2012, Council entered into a cost share agreement
    with the Albemarle County Service Authority (ACSA) to determine the funding for the Rivanna
    Water and Sewer Authority’s New Ragged Mountain Dam project. As part of that agreement, the
    ACSA agreed to provide $765,000 to compensate the City for the land lost as part of the project.
    The City has received the funding from ACSA and is now seeking guidance from Council on
    where to allocate the funding. It is the informal policy of the City to utilize this funding for one
    time expenditures. There are numerous projects that could be considered for funding. One idea
    8
    that seems to be aligned with the previous use of the property at Ragged Mountain is to
    appropriate the funding to the City’s Parkland Acquisition Fund.
    Ms. Smith said she wants to buy woodland that is as comparable as we can get to the
    natural quality of the land that was lost. We should purchase parkland with qualities comparable
    to the natural and historic character of the parkland. Mr. Norris seconded the idea. He asked if
    land not in the City may be included in the purchase. Ms. Smith said it could be land close to the
    City.
    Ms. Galvin said if we cannot restore a comparable amount of acreage in wilderness, we
    could use other metrics to figure out how to best allocate the money. Ms. Smith said she is
    focused on wooded habitat. Mr. Norris said $700,000 is not going to go far.
    Mr. Huja said he does not agree that the space has to be completely wooded and would like
    to see at least part of the money used to replant trees in the City. Ms. Smith said the best way to
    do this is to buy parkland with mature trees. Ms. Szakos said a fair amount of our parkland that
    we have already purchased does include wooded areas. She does not want to put such a
    restriction on a purchase.
    Ms. Szakos said she would like to use some of this for parkland maintenance in order to
    make future parkland purchases useable.
    Ms. Galvin said we could restore funding for tree plantings to the capital budget. Street
    trees are extremely valuable.
    Ms. Szakos said we could use this for parkland and preparation, such as trees or removal of
    invasive species, but not for buildings.
    On motion by Ms. Smith, seconded by Mr. Huja, Council voted unanimously to allocate
    the money for parkland and preparation, but not for buildings.
    ORDINANCE: Elliot Avenue PUD (1st of 2 readings)
    Elliot Avenue PUD
    Ms. Smith said there is a disconnect between the proffer and the narrative. She said
    partnering with public housing should be in the proffer.
    Mr. Don Franco, on behalf of Habitat and Southern Development, addressed Council. The
    minimum number of affordable housing units will be 18, but it is unknown until the project gets
    underway, depending on what is required. Mr. Franco said they are targeting 20, but the bare
    minimum will be 18. Ms. Smith asked about partnering with low income housing. Mr.
    Rosensweig said this is all spelled out in the contract. They are partnering with public housing.
    Ms. Davies said the proffer needs to be accepted as is, or it must be referred back to the
    Planning Commission.
    9
    Ms. Smith said the Climate Change Protection report shows that 75% of our emissions
    come from our built environment. It would be great to move toward energy star, because our
    residential outputs have gone up.
    On motion by Mr. Norris, seconded by Ms. Szakos, the ordinance carried.
    MATTERS BY THE PUBLIC
    Mr. Brandon Collins, 418 Fairway Ave., said the public housing meeting on Wednesday
    night will not actually have public comment. He asked Mr. Huja to open this meeting up to
    public comment. He said some of HUD's suggestions are just suggestions and not mandates. He
    said there are so many significant changes in the transit plan that a work session is needed before
    Council makes a decision. TRAC (Transit Riders Association of Charlottesville) requests that
    Council do this.
    Mr. Scott Bandy, 1639 Cherry Ave., asked Council to consider an honorary street
    designation for Jefferson Park Avenue between the Maury and Fontaine intersection to the
    terminus with Camilla and Harris for Fry's Spring Beach Club. Staff directed him to the form
    requesting honorary street name designations.
    COUNCIL RESPONSE
    Ms. Galvin asked about a public hearing at the upcoming Public Housing meeting. Ms.
    Davies said the first session is a work session to get the board up to speed on the HUD
    document. Subsequent sessions for neighborhood engagement would be scheduled at that
    meeting.
    Ms. Smith said we have the power to impact our emissions, especially in residential, old
    leaky houses. Ms. Szakos said home owners should talk to LEAP and the credit union about
    funding and low interest loans available for this purpose. Mr. Huja said we have money set aside
    in the CIP for this purpose as well.
    The meeting was adjourned.
    _____________________________
    Clerk
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    1
    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Monday, April 15, 2013, 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 15, 2013
    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: Ms. Szakos,
    Mr. Huja, Mr. Norris, Ms. Galvin, Ms. Smith; Noes: None), to meet in closed session for
    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 voted, (Ayes: Ms. Szakos,
    Mr. Huja, Mr. Norris, Ms. Galvin, Ms. Smith; Noes: None), to reconvene in closed session for
    consultation with legal counsel regarding negotiation of the terms and conditions of a cost
    sharing agreement with the Albemarle County Service Authority for the costs of the Rivanna
    Pump Station, as authorized by Va. Code sec. 2.2-3711 (A) (7).
    On motion by Ms. Szakos, seconded by Mr. Norris, Council certified by the following
    vote (Ayes: Mr. Huja, Ms. Smith, Ms. Galvin, 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 - April 15, 2013
    Council met in regular session on this date with the following members present: Ms. Smith, Mr.
    Norris, Ms. Szakos, Ms. Galvin, Mr. Huja
    ANNOUNCEMENTS
    Mr. Huja requested a moment of silence for those killed and injured at today's Boston
    Marathon bombings.
    2
    Mr. Huja announced T'ai Chi & Qigong Day and presented a proclamation to Ms. Hiromi
    Johnson. She thanked the Mayor for his support.
    Ms. Szakos read a proclamation in honor of US Veg Week, April 22 - 28. Ms. Christina
    Tacoronti, Outreach Manager at Compassion Over Killing, was present to accept the
    proclamation. She said citizens can go to usvegweek.com to find out more.
    Ms. Galvin read a proclamation in honor of Military Child Month. Mr. Norris accepted the
    proclamation on behalf of military children in Charlottesville.
    Mr. Norris read a proclamation honoring the Monticello District Boy Scouts of America.
    Jim Lansing, President, Stonewall Jackson Area Council, and Jackie Newton, Monticello District
    Chair, were present to accept the proclamation and thanked Council for their support.
    Mr. Norris read a proclamation in honor of Fair Housing Month. Ms. Karen Reifenberger
    was present to accept the proclamation and announced upcoming Fair Housing events for the
    month.
    Ms. Smith read a proclamation in honor of Arbor Day on April 26. Chris Gensic and Robin
    Hanes were present to accept the proclamation. Ms. Smith also announced that Charlottesville
    was again recognized by Tree City USA for 2012. Ms. Hanes invited citizens to attend Arbor
    Day events on April 26.
    Mr. Huja announced the Second Annual Mayor's Challenge for Water Conservation. Go to
    www.mywaterpledge.com to take part in the competition.
    Ms. Szakos announced the Spring Job Fair on May 1 at 10:00 a.m. at the John Paul Jones
    Arena. Go to www.charlottesville.org/jobfair to learn more.
    Ms. Szakos announced the next Our Town Charlottesville meeting will take place at Carver
    Recreation Center on April 25 for the Ridge Street, Willoughby and Burnett Commons
    Neighborhoods at 6:00 p.m.
    Ms. Galvin announced Council's work session regarding the Downtown Mall on Tuesday
    at 5:00 p.m. at the Carver Recreation Center.
    Ms. Smith announced the Week of the Young Child, which includes a Pinwheel Parade on
    Tuesday, April 23 at 10:15 a.m., beginning on the Downtown Mall at the Omni Hotel. Also,
    April 21 is the Bike Rodeo and the EcoFair at the Main Street Arena. May 11 is Race Unity
    Week, hosted by Dialogue on Race. Go to www.charlottesville.org/dialogue to learn more.
    On motion by Mr. Norris, seconded by Ms. Szakos, the following appointments were made
    to Boards and Commissions: to Tree Commission, Joyce Hillstrom; to the Historic Resources
    Committee, Evelyn Mason and Dede Smith. (Ayes: Ms. Szakos, Mr. Huja, Mr. Norris, Ms.
    Galvin, Ms. Smith; Noes: None).
    3
    Mr. Norris asked to discuss ongoing detonation work around the Charlottesville Airport
    under "Other Business".
    Mr. Norris announced "Winneba Wednesday", a fundraiser to support our sister city
    relationship with Winneba, Ghana. Visit Milli Joe, Orzo, Rapture, or Es Cafe on Wednesday,
    April 17, and 20% of the proceeds will go to the Winneba Foundation.
    Ms. Szakos announced the Vietnam Memorial dedication is on Friday at 11:00 a.m.
    Ms. Smith said watch for posters featuring "The Bugs", by Alex Zan.
    MATTERS BY THE PUBLIC
    Mr. Paul Long, 1410 Grady Ave., said Charlottesville and the surrounding counties need an
    extensive regional public transportation system.
    Ms. Lena Seville, Altavista Ave., said elected officials must be held to a higher standard.
    She said the state code should be updated to include sex crimes and asked Council to write the
    General Assembly.
    Mr. Khalil Reid, City resident, said there are too many expensive properties in the City.
    There needs to be more affordable housing.
    Mr. Rit Venerus, Chair of the Albemarle Charlottesville Airport Commission, said he is
    here on behalf of the residents of Walnut Hills asking Council to halt the blasting at the
    Charlottesville Airport, which has caused extensive damage to homes.
    Mr. Jeffrey Fogel, 215 Spruce St., said he was surprised to learn that Council did not
    provide money to the Public Defender office in their recent budget. He said this sends a message
    that Council prefers a punitive approach and believes that prosecution is more important than
    defense. Council failed to address the problem of poverty in this community throughout their
    budget process.
    Mr. Peter Hedlund, 204 Todd Ave., said he supports lowering the speed limit on Jefferson
    Park Avenue Extended. He thanked the City for undertaking a study, but said he disagreed with
    the outcome stating the speed limit should remain at 35 mph. He also thanked the City for
    planting trees.
    Mr. Hardy Whitten, 2521 Woodland Dr., President of Fry's Spring Neighborhood
    Association, said the neighborhood encourages Council to approve a 25 mph speed limit and
    examine mechanisms to support enforcement of the reduced speed limit.
    4
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Ms. Szakos said she understood Mr. Long's frustration and appreciated him coming. She
    agreed with Mr. Reid that we need more affordable housing. She said Mr. Fogel may have
    missed Council's support of the Public Defender Office. We are beginning a dialogue with the
    County to see how we can support it together.
    Ms. Galvin agreed with Ms. Szakos' comments to Mr. Long and said we eagerly encourage
    discussions with the County on regional transportation. In response to Mr. Fogel, she said
    Council is constantly working with staff to create the partnerships needed to get people out of
    poverty. She said encouraging folks to get their GED is an important component.
    Ms. Smith said she has sympathy for the airport issue. She looks forward to talking about
    the JPA speed limit.
    Mr. Norris said he agrees that we need to rectify the imbalance of pay between the
    Commonwealth Attorney office and the Public Defender office, and we are working on a
    partnership with the county. He also said we need to figure out how to better prepare our
    residents for economic success. He thanked Ms. Seville for asking Council to go on record in
    favor of changing the state law to include sex crimes.
    Mr. Huja asked Mr. Jones to see that Mr. Watts addresses citizen concerns about blasting.
    1. CONSENT AGENDA
    a. Minutes for April 1
    Minutes for April 1
    b. APPROPRIATION: Approval and Appropriation of CDBG & HOME funds for
    FY 2013-2014 (2nd reading)
    CDBG & HOME Funds
    c. APPROPRIATION: Insurance Settlement for Damaged Police Car - $20,506
    (2nd reading)
    Insurance Settlement
    d. APPROPRIATION: Juvenile & Domestic Relations Phone System Upgrade -
    $39,954.16 (carried)
    Juvenile & Domestic Relations Phone System Upgrade
    5
    e. RESOLUTION: City Manager's Contract
    City Manager's Contract
    f. RESOLUTION: Charlottesville Area Transit Proposal to Submit Grant
    Application - FY 2014 Virginia Department of Rail and Public
    Transportation Funding
    Charlottesville Area Transit Proposal to Submit Grant Application
    g. RESOLUTION: Resolution to Designate John Jones as Authorized Official
    Signatory
    Designate John Jones as Authorized Official Signatory
    h. ORDINANCE: Johnson Village PUD Amendment (2nd reading)
    i. ORDINANCE: Elliot Avenue PUD (2nd reading)
    j. ORDINANCE: Vending from Vehicles Chapter 28 (carried)
    Vending from Vehicles Chapter 28
    k. ORDINANCE: Mobile Food Units Chapter 34 (carried)
    Mobile Food Units Chapter 34
    Ms. Szakos asked to amend the ordinance regarding vending vehicles to change all
    instances of "vehicles" to "vending vehicles" on item j.
    Ms. Smith asked to review the wording of this ordinance as well.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the consent agenda was passed
    unanimously.
    PUBLIC HEARING / ORDINANCE: Human Rights Commission (2nd of 2
    readings)
    Human Rights Commission
    Mr. Ellis presented to Council. He gave an overview of the history of the Human Rights
    Commission discussions and reviewed staff's recommendations.
    6
    Ms. Szakos said she submitted an amended ordinance on Friday in an attempt to
    incorporate concerns she has heard throughout this process. She described the major differences
    between the originally proposed ordinance and her amendments. Ms. Smith clarified that the
    Commission does not come into play for disputes. Ms. Szakos said it does not.
    On motion by Mr. Huja, the public hearing was opened.
    Ms. Abigail Turner, Counsel for the Legal Aid Justice Center and member of the Human
    Rights Taskforce, thanked Council for their time working on this issue. She said the taskforce
    supports the work the proposals say should be done about institutionalized discrimination. She
    urged continued and expanded discussion on race. She said those discriminated against should be
    able to get help from the City.
    Mr. Timothy Hulbert, Charlottesville Regional Chamber of Commerce, said the Chamber
    supports anti-discrimination statutes. However, they disagree with a Commission with
    enforcement authority and no apparent appeal. This may cause unintended adverse
    consequences. A local authority is a missing ingredient.
    Mr. Walt Heinicke, 1521 Amherst St., said the proposals eliminate the enforcement power
    of the Human Rights Commission and put all the power in the hands of a special advocate.
    Mr. Paul Long, 1410 Grady Ave., said he favors a Human Rights Commission with
    enforcement power. The Commission should have an educational component as well.
    Mr. Jeffrey Fogel, 215 Spruce St., said Council should not honor entities that engage in
    discrimination based on sexual orientation. He said he agrees with enforcement power, and the
    EEOC does not enforce federal anti-discrimination laws. The only way to enforce these laws is
    locally.
    Mr. Peter Kleeman, 407 Hedge St., said discrimination occurs locally, and this makes it a
    local problem. All of the issues that can be addressed locally, should be addressed locally.
    Having no further speakers, the hearing was closed.
    Ms. Smith asked Mr. Ellis if there was clarification on whether the EEOC would mediate
    locally. Mr. Ellis said the EEOC is open to having mediation occur locally.
    Mr. Norris asked Ms. Szakos what the motivation would be for an employer or landlord
    accused of discrimination to engage in mediation if there are no legal consequences for them not
    to do so. Ms. Szakos said most employers in the community want to do the right thing. Mr.
    Norris asked if he could amend her proposal to allow some recourse for situations where an
    employer or landlord commits an egregious act of discrimination. Ms. Szakos said if the parties
    are not able to find solutions through mediation, the investigation would still go forward. She
    said we need data on the incidences of serious discrimination, and the fact finding step gives us a
    mechanism to do so.
    7
    Mr. Huja said going public with an accusation would be a punishment of sorts. He said he
    is comfortable with Ms. Szakos's amended proposal.
    Mr. Norris said he believes it is wrong to put the onus on the citizen to pursue legal
    recourse if there is a violation. This is his problem with Ms. Szakos's proposal. If anyone
    complains of an employer with less than 15 employers, and it is found that a violation did occur,
    they are on their own unless the employer agrees to cooperate. Ms. Szakos said if we have an
    ordinance at all, it must be an ordinance that we mean. She would love to see us spend the
    money for full enforcement.
    Ms. Galvin said we do not need a large, local enforcement mechanism. We do not have
    data for our locality to support the need for this. Ms. Smith said it is not as big of a financial
    threat as some may fear. Ms. Galvin said it is problematic that 30% of our employees live here
    and the rest do not.
    Mr. Norris said if we do not have three votes for full enforcement authority, we could
    create a fund that would provide support for individuals who are looking to achieve mediation
    through the courts. Ms. Szakos said we could write this in for the future, but have that be a
    trigger for adding enforcement.
    Mr. Brown said enabling legislation may not authorize assisting with payment for outside
    counsel. Mr. Jones clarified that funding was not only for staff, but also for operating costs,
    including education and other initiatives. Ms. Szakos said we could commit to the ordinance now
    and then hold community forums on implementation.
    Ms. Szakos said she would take out the word "future" from her amended ordinance. Ms.
    Galvin said she does not believe we have the data to support that decision. We need to work
    more in the direction of building relationships with our working community and creating a better
    environment so we can solve the problems that have a real impact on our poor families.
    Ms. Szakos said she has always supported enforcement and believes this is a good thing for
    local businesses in Charlottesville. Until we can use a mechanism for investigation, negative
    stories will continue to be the dominant dialogue in our community.
    Mr. Huja said he is willing to support the original proposal.
    Ms. Galvin said it is hard to budget for this because you cannot put a dollar amount on it.
    Mr. Norris said we can have a fully effective enforcement program for the proposed
    $180,000 budget.
    Council discussed local enforcement, and state versus federal enforcement, particularly in
    regard to the habits of the EEOC.
    8
    Mr. Norris said there are aspects of Ms. Szakos' proposal that present a compromise that
    could bring both groups of people together. He said he hopes we will agree to provide
    enforcement authority for cases not covered under EEOC.
    Mr. Huja said he is concerned that no one has had a chance to review Ms. Szakos' proposal.
    He said we should have a first reading tonight, then a second reading at the May 20 meeting.
    Mr. Norris moved to approve Ms. Szakos' version, with the word "future" removed from
    enforcement authority. Ms. Smith seconded the motion. The amended ordinance passed on a first
    reading.
    Ms. Szakos called the question on the original ordinance that was carried on first reading.
    The motion failed. (Ayes: Mr. Huja, Ms. Galvin; Noes: Mr. Norris, Ms. Smith, Ms. Szakos).
    Council requested staff make several minor modifications.
    Mr. Norris said page 5, Section 4-38 will be eliminated. Page 3, paragraph e at the bottom,
    is inconsistent with page 5, paragraph b. Mr. Norris asked staff to clean up the current version
    and make it consistent for the second reading.
    Council requested striking Section 2-443 regarding effective date. Also, the last eight
    words of the paragraph in Section 2-432(a), “Shall serve at the pleasure of City Council", should
    be stricken.
    Mr. Norris requested striking the word “rental” from "fair rental housing complaints”. He
    also clarified that PHA does not do enforcement; reference to PHA should say enforcement
    initiated by PHA.
    Ms. Galvin requested page 4, Section 2-434 (f) include the phrase "with any disinterested
    third party".
    Ms. Galvin requested page 2, Section 2-433 (a) say "and other agencies within the City"
    subject to the review and approval of Council, so that the Council is aware of what the
    Commission is identifying. Mr. Norris said this may infringe on their autonomy. Ms. Galvin
    said there needs to be some oversight. Mr. Norris instead suggested that Section 2-441 on page 7,
    indicating that Council would vote each year on accepting their work plan, should include "for
    Council approval or modification".
    On motion by Mr. Norris, seconded by Ms. Smith, the amendments to the ordinance were
    passed on a first reading.
    Mr. Huja said the first proposed ordinance would have been damaging. Ms. Galvin said we
    need a better consensus on how to handle these issues. She thinks we are dosing this issue with
    the wrong kind of medicine. Ms. Smith said this may be largely symbolic, but it is important.
    9
    PUBLIC HEARING / RESOLUTION*: $16 Million Bond Issue (maximum
    amount) - New Debt; $25 Million Refunding Bond Issue (maximum amount)
    Bond Issue
    Ms. Krisy Hammill presented to Council. She described the resolution before Council and
    reviewed the bond process. Charlottesville is one of five localities in Virginia with a AAA rating,
    which enables the City to get excellent rates.
    On motion, the public hearing was opened. Having no speakers, the hearing was closed.
    On motion by Ms. Smith, seconded by Ms. Szakos, the bond issue was approved. (Ayes:
    Ms. Smith, Mr. Norris, Ms. Szakos, Ms. Galvin, Mr. Huja; Noes: None.)
    REPORT: Mobilizing for Action through Planning and Partnerships (MAPP)
    Mobilizing for Action through Planning and Partnerships (MAPP) Report
    Ms. Lilian Peak presented to Council. She reviewed the MAPP process. Their number one
    goal was to decrease the percentage of overweight or obese persons. She reviewed obesity
    trends over the past several decades and encouraged the City to examine policies that improve
    wellness and healthy eating.
    Ms. Galvin asked Ms. Peake if she has data that links vehicle miles traveled with obesity.
    Ms. Peake said there are not. A lot has changed over three decades, and there may be many
    contributing factors, including processed foods and increased electronics use, especially by
    children.
    Mr. Huja asked for website information. Ms. Peake said the Community Action on Obesity
    is working on a new website in support of their new campaign, and it will be available soon. Go
    to www.tjhd.org for more information on this report.
    Mr. Norris said there have been studies done to support correlation between obesity and
    vehicle miles traveled. Ms. Szakos announced that we have signed on once again for the "Let's
    Move" program. Also, an ordinance addressing healthy eating and activity will come before
    Council later this spring.
    ORDINANCE: Stonehenge PUD (carried)
    Mr. Willy Thompson presented to Council. He reviewed the history of the project.
    Mr. Andrew Baldwin, developer for the Stonehenge PUD, addressed Council. Mr. Huja
    asked him to summarize what they have done since the last meeting. He clarified for Mr. Norris
    10
    that he could not change the proffer to include affordable housing without going back through
    the entire process. Mr. Brown said if Council wants to add to the final proffer dated April 10, it
    has to go through another public hearing.
    Mr. Baldwin reported that the developers had a work session with the Planning
    Commission and gathered information about their concerns. He said they are also working with
    including accessory units to make housing in the development more affordable.
    Mr. Huja said he believes these are significant improvements, and he supports the plan.
    Ms. Galvin said the intermediate plan did not have the overall connectivity that we seek,
    but it did create a very pedestrian-oriented street. Connectivity should not come at the expense
    of a pedestrian-friendly environment.
    Ms. Smith asked what the stormwater solution is for such a steep slope. A member of the
    developer team said they have plans for runoffs, although they have not yet drafted a specific
    plan for this site.
    Mr. Norris said the plan has come a long way and seems to address most of the concerns of
    the neighbors.
    Ms. Szakos said she appreciates Ms. Galvin's expert opinion because the Planning
    Commission's vote was not resounding on one side or the other. She said this plan is better, but
    now the only thing we have to compare it to is the By-Right Plan, which does not provide an
    urban vision. Ms. Galvin said further efforts could have been made to recess the garages on the
    house design.
    Mr. Norris moved to approve the ordinance and requested the applicant meet with Ms.
    Galvin in the near future. Ms. Galvin said she would rather it be a meeting with the PLACE
    Design Task Force. Mr. Huja seconded the motion. The ordinance carried.
    Council deferred a vote on the critical slopes resolution to the May 20 meeting.
    ORDINANCE: Speed Limit Reduction (carried)
    Speed Limit Reduction
    Ms. Donovan Branche summarized a traffic study conducted on a section of Jefferson Park
    Avenue. Traffic studies are required by state law in order to make speed limit changes. Based on
    the study, she believes we will be within our legal warrants to either keep the speed limit at 35
    mph or reduce it to 30 mph.
    Ms. Smith said there was criticism about the timing of the study. Ms. Branche said
    standard studies are 48 hour counts during the week.
    11
    Ms. Smith expressed concern about the crosswalk at the bridge, which is dangerous
    because cars speed over the bridge at that location. She said reducing the speed will help this
    problem.
    Ms. Szakos said she supports reducing the speed limit to 30 mph. She asked if there are
    other mechanisms we can implement in that neighborhood to slow traffic down.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the ordinance to adopt a 30 mph speed
    limit carried.
    Ms. Smith requested a second study. Ms. Szakos supported Ms. Smith's request. Ms. Smith
    asked how much crosswalks affect the study, because there are more needed around that
    location.
    Mr. Norris seconded the request for reviewing whether an additional crosswalk would
    affect the recommended speed. Council directed staff to delay a second reading and report back
    with their findings at a future Council meeting.
    RESOLUTION: Proposed Loan to the Lewis & Clark Exploratory Center of
    Virginia, Inc. - $130,000
    Proposed Loan to the Lewis & Clark Exploratory Center
    Ms. Alexandria Searls, Executive Director of the Lewis and Clark Exploratory Center,
    addressed Council. A match from the City is required. The County has approved a bridge loan
    contingent on the City's approval.
    Ms. Szakos asked what would happen in six months if they do not have the money. Ms.
    Searls said they would keep trying to obtain the funding, but a default would have substantial
    consequences. He said the City owns half of the building, and it is a valuable asset to the
    community.
    On motion by Ms. Szakos, seconded by Ms. Smith, the resolution granting a proposed loan
    to the Lewis & Clark Exploratory Center of Virginia, Inc. for $130,000 was approved. (Ayes:
    Ms. Smith, Mr. Norris, Ms. Szakos, Ms. Galvin, Mr. Huja; Noes: None.)
    Mr. Norris asked what the source of funding would be. Staff said this will come from the
    Strategic Investment Fund and Economic Development through CEDA.
    OTHER BUSINESS: AIRPORT BLASTING
    Mr. Norris said the Airport acknowledges that there may be some legitimacy to these
    12
    claims of damages, but he thinks it is a reasonable request from the neighbors that there be a
    pause in the blasting until the assessments have been completed.
    Mr. Venerus showed a map of the blasting site in relation to the homes who are reporting
    damages.
    Ms. Szakos confirmed that they are blasting in order to create gravel so that they do not
    have to pay to import it. Mr. Venerus said this is so, and it is saving about $5-6 million.
    Mr. Venerus said the engineer has not told them how long it will take to complete the
    assessments. Also, the project managers had not notified a nearby EPA site of the blasting. The
    airport sent a letter notifying homeowners of blasting but did not include the dates this was to
    occur, suggestions to get home inspections, or warnings of potential damage.
    Ms. Szakos moved that Council write a letter to the Airport Authority asking them to stop
    blasting until these assessments are completed or until they are able to show that the blasting is
    not causing damage. Mr. Brown advised Council to consult with the Airport Authority before
    requesting a halt. He said it will cost $20,000-30,000 a day to temporarily halt blasting.
    Mr. Huja asked about the County. Mr. Venerus said he has spoken with Ms. Ann Malek,
    and he believes this will go before the County Board at their next meeting.
    Mr. Huja amended the motion so that it does not contain the word "demonstrate". Ms.
    Smith seconded. The vote to write a letter passed. (Ayes: Ms. Smith, Mr. Norris, Ms. Szakos,
    Ms. Galvin, Mr. Huja; Noes: None.)
    Ms. Szakos said Council understands this is not binding but more of a moral statement.
    MATTERS BY THE PUBLIC
    There were no speakers for Matters by the Public.
    The meeting was adjourned.
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    1
    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Monday, May 6, 2013, 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 6, 2013
    Council met in special session on this date with the following members present:
    Mr. Huja, Ms. Smith, Ms. Galvin. Absent: Ms. Szakos, Mr. Norris.
    On motion by Ms. Smith, seconded by Ms. Galvin, Council voted, (Ayes: Mr. Huja, Ms.
    Galvin, Ms. Smith; Noes: None; Absent: Ms. Szakos, Mr. Norris), to meet in closed session for
    consultation with legal counsel regarding negotiation of the terms and conditions of a cost
    sharing agreement with the Albemarle County Service Authority for the costs of the Rivanna
    Pump Station, as authorized by Va. 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. Galvin, Ms. Smith; Noes: None; Absent: Ms. Szakos, 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 CHAMBER - May 6, 2013
    CALL TO ORDER
    Council met in regular session on this date with the following members present: Ms. Smith, Ms.
    Galvin, Mr. Huja. Absent: Ms. Szakos, Mr. Norris.
    AWARDS/RECOGNITIONS
    Ms. Smith read a proclamation for Race Unity Day, which will be on May 15. Ms.
    Demesey Perry was present to accept the proclamation on behalf of the Dialogue on Race.
    Ms. Galvin read a proclamation in support of the General Education Diploma. She said
    starting June 1, free GED classes will be made available for public housing residents. Contact
    the Adult Learning Center for more information at 245-2817.
    2
    Mr. Huja read a proclamation for Public Works Appreciation Week. Ms. Judy Mueller was
    present to accept the proclamation on behalf of the City's Public Works department.
    Mr. Huja announced the next Our Town meeting May 23 at the Herman Key Center from
    6:00 - 8:00 p.m. for the Martha Jefferson and High Street neighborhoods.
    Ms. Smith announced the Charlottesville Youth Council is seeking applicants. Go to
    www.charlottesville.org/youthcouncil to apply online. The deadline is May 24. Contact the
    Clerk of Council at 970-3113 for more information.
    Ms. Charlene Green announced Race Unity Week May 11 - 17; go to
    www.charlottesville.org/dialogue for more information on the activities and events that will take
    place during the week.
    Ms. Galvin announced the Mother/Son Dance on May 10 at 6:30 p.m. at the Carver
    Recreation Center. Registration is required. To register, please call (434) 970-3260.
    Ms. Galvin announced a panel discussion and reception to talk about the value of walkable
    and bike friendly communities on May 9 at 7:00 p.m. in CitySpace.
    MATTERS BY THE PUBLIC
    Ms. Naomi Roberts, St. Clair Ave., said she opposes Council's appropriation of money to
    Virginia Organizing.
    Mr. Corky Shackelford, volunteer with Virginia Cooperative Extension, said he appreciated
    Council's approval of funding for the current year and gave an overview of their planned use of
    the funds. He asked Council for their continued support.
    Mr. John Pfaltz, 1503 Rugby Rd., asked when the list of "stretch objectives" for the City
    Manager will be available for public inspection. He gave suggestions for objectives. The
    objectives should be reviewed by the public before Mr. Jones attempts to fulfill them.
    Ms. Nancy Carpenter, 727 Denali Way, said affordable housing is in a crisis. Even in the
    non-metro areas of Virginia, housing is not affordable. Rental costs are also going up, and this
    affects people with disabilities and other vulnerable groups in the community.
    Mr. Brandon Collins, 418 Fairway Ave., said the current housing authority does not respect
    that PHAR is the newly appointed advisory board to the housing authority. He explained the
    reason PHAR organized a protest last week. He said he has not heard any response from Council
    or the housing authority.
    Mr. Joseph Jordan called for dissolution of the Housing Authority.
    3
    Mr. Daniel Poehailos, speaking on behalf of students at Monticello High School, gave an
    overview of his classmates' study of the City Market project. He said the City Market's proposed
    change to Garret Street has positive aspects and posed the possibility of making renovations to
    the current location. Mr. Huja asked the students to send the Clerk their report.
    Mr. Wes Bellamy, 1002 Linden Ave., said this Saturday at Carver Recreation Center from
    9:00 a.m. - 12:00 p.m. will be the third installment of "Real Men and Real Women". The event
    is free, and food will be provided.
    Ms. Lena Marie, 808 Altavista Ave., asked for better pedestrian access to the Downtown
    Transit Center, especially during the Belmont Bridge process.
    Mr. Melvin Grady thanked Council for their support of the GED program.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Ms. Smith thanked the youth in attendance for their presentations and Mr. Shackelford for
    his presentation on Virginia Cooperative Extension.
    Ms. Galvin said we do not give money to political groups. We funded Virginia Organizing
    because they are a 501 (c) (3), and they are meeting a need in the community. She told Mr. Pfaltz
    Council has not discussed stretch objectives with Mr. Jones at this point. She thanked Ms.
    Carpenter for her remarks and said we need many tiers of housing. She thanked the students for
    their report on the City Market.
    Mr. Huja said the City is exploring ways to help the Housing Authority improve. The City
    has 18% of the region's population but 57% of public housing, so we are doing more than our
    fair share. He disagreed with Mr. Collins' comments and said 90% of the suggestions from the
    housing tenants group were accepted. Discussion and negotiation must be permitted without an
    ultimatum.
    CONSENT AGENDA
    a. Minutes for April 15 approval deferred to May 20
    b. APPROPRIATION: J&DR Phone System Upgrade - $39,954.16 (2
    nd reading)
    J&DR Phone System Upgrade
    c. APPROPRIATION: Virginia Department of Health Special Nutrition Program
    Summer Food Service Program - $95,000 (carried)
    Virginia Department of Health Special Nutrition Program Summer Food Service Program
    d. APPROPRIATION: Police Department - Special Events Overtime and
    4
    Miscellaneous Revenue - $100,000 (carried)
    Police Department - Special Events Overtime and Miscellaneous Revenue
    e. RESOLUTION: SUP at 600 McIntire Rd
    SUP at 600 McIntire Rd
    f. RESOLUTION: Emergency Communications Center Emergency Telephone
    Replacement System - Transfer of Funds from Capital Improvement Program
    Contingency Account - $520,298
    Emergency Communications Center Emergency Telephone Replacement System
    g. RESOLUTION: Neighborhood Drainage Policy
    Neighborhood Drainage Policy
    h. RESOLUTION: Bike Pedestrian Coordinator Summer Intern - Transfer $15,000
    from Bike Infrastructure Capital Account to NDS General Fund Budget
    Bike Pedestrian Coordinator Summer Intern
    i. RESOLUTION: Easement to ACSA across Darden Towe Park Property (Lewis &
    Clark Exploratory Center)
    Easement to ACSA across Darden Towe Park Property
    j. ORDINANCE: Approve Bond Issuance (2nd reading)
    Approve Bond Issuance
    k. ORDINANCE: Vending from Vehicles Chapter 28 (2nd reading)
    Vending from Vehicles Chapter 28
    l. ORDINANCE: Mobile Food Units Chapter 34 (2nd reading)
    Mobile Food Units Chapter 34
    m. ORDINANCE: Affordable Dwelling Unit Ordinance - Index Used to Calculate
    Optional Cash Contribution (carried)
    Affordable Dwelling Unit Ordinance
    5
    n. ORDINANCE: Amendment to Subdivision Ordinance to Allow an Option to
    Contribute to Sidewalk Fund (carried)
    Amendment to Subdivision Ordinance to Allow an Option to Contribute to Sidewalk Fund
    Ms. Smith requested deferring approval of the minutes.
    On motion by Ms. Galvin, seconded by Ms. Smith, the consent agenda was approved.
    (Ayes: Mr. Huja, Ms. Galvin, Ms. Smith; Noes: None; Absent: Ms. Szakos, Mr. Norris)
    PUBLIC HEARING / RESOLUTION: CONSOLIDATED PLAN
    Consolidated Plan
    Ms. Thackston presented Council with an overview of the Consolidated Plan process. She
    said staff added workforce housing as a goal. Ms. Galvin thanked staff for responding so quickly
    to her request.
    On motion, the public hearing was opened.
    Mr. Brandon Collins, 418 Fairway Ave., said Charlottesville is burdened with having the
    bulk of subsidized housing for this region, and increased funding can help address affordable
    housing. Public housing and subsidized housing is the only truly affordable housing available;
    the market does not provide affordable housing in the City. He said the Consolidated Plan is
    wrong to suggest that subsidized housing tends to be in better condition. Properties are falling
    apart, and maintenance is terrible. Rehabilitation and renovation is desperately needed.
    Ms. Nancy Carpenter, 727 Denali Way, thanked Council for supportive housing at The
    Crossings. This represents what the Consolidated Plan is trying to accomplish. She quoted
    hourly wages necessary to afford fair market value housing in Charlottesville.
    Having no further speakers, the public hearing was closed.
    Ms. Smith asked about some of the assumptions in the Consolidated Plan. There are a few
    disconnects. She asked how confident staff was in the 30% figure. It is important to look at
    other costs necessary to live in our region, not just housing costs. Utility costs are very high.
    Any way we can impact these other costs will enable people to make ends meet. What
    constitutes "overcrowded" speaks to our values and how they have changed over time. It is
    important for people to live in their community, especially if that is where their support system
    is. She said the most shocking issue is that the Hispanic community is bearing the greatest
    hardship and is the least represented in public housing. The workforce table shows a massive
    number of jobs available with few people to fill them, and this does not line up with what we are
    seeing in reality. If this is actually accurate, it is a training issue.
    6
    Ms. Galvin said none of this is going to prevent us from coming up with different housing
    types to meet our needs. With regards to workforce housing, many workers would love to live in
    the City but cannot find affordable housing.
    Ms. Smith said she appreciated the section on health issues.
    On motion by Ms. Galvin, seconded by Ms. Smith, the resolution on the Consolidated Plan
    was approved. (Ayes: Mr. Huja, Ms. Galvin, Ms. Smith; Noes: None; Absent: Ms. Szakos, Mr.
    Norris).
    APPROPRIATION: HILLSDALE DRIVE IMPROVEMENTS -
    APPROPRIATION OF PAYMENT FROM STONEFIELD DEVELOPERS FOR
    TRAFFIC IMPROVEMENTS - $800,000 (carried)
    Hillsdale Drive Improvements
    Mr. Tolbert presented to Council. The City has received a payment of $800,000 from the
    Stonefield developers for traffic improvements in the City. The payment was made for traffic
    improvements in the City and releases the developer from construction of road improvements on
    Hydraulic Road and 29 North in the City. An opportunity has been identified to construct another
    phase of the Hillsdale Drive improvements while the new Homewood Suites is under
    construction on India Road. The engineering estimate for the road section connecting Hillsdale to
    India Road is $750,000, based on preliminary plans. This appropriation will allocate the
    $800,000 received from the Stonefield developer to an account for City-funded Hillsdale Drive
    improvements.
    On motion by Ms. Galvin, seconded by Ms. Smith, the appropriation carried for a second
    reading.
    REPORT: CCS "STEM" PRESENTATION
    CCS "STEM" Presentation
    Ms. Gertrude Ivory gave an overview of the STEM Program (Science, Technology,
    Engineering and Math). Mr. Eric Johnson, Buford Middle School teacher, introduced his
    students. Mr. Henderson and staff shared preliminary designs for the science labs.
    Mr. Eric Johnson thanked Council for their support over the years. He introduced Ms.
    Ariana Fich, who shared her experiences with science class as an 8th grade student at Buford
    Middle School. Students Angie Solinas, Thomas Butler, and Kerrington Galley also presented to
    Council.
    Mr. Huja said he is happy the students are here and so excited about their school work.
    7
    Mr. Henderson introduced Mr. Breitenbach, CHS Project Manager with the City’s
    Facilities Department, to Council to speak about the project. The STEM Lab renovations that are
    about to take place are cutting edge. He reviewed the renovations and conceptual design, which
    was developed by staff and students. The conclusion time is targeted for February. This mirrors
    the rapid prototyping lab at UVA.
    Mr. Steve Davis, VMDO, presented the plans for lab renovations at Buford Middle School.
    He said the project is currently advancing. He gave an overview of the plans for the project.
    At Ms. Smith's request, Mr. Henderson gave a brief overview of the four phases of the
    renovation plans.
    Mr. Huja said Council is supportive of these improvements, and he is pleased the schools
    are moving forward with the planning, design and construction phases.
    REPORT: RIVANNA RIVER BASIN COMMISSION (RRBC) WATERSHED
    SNAPSHOT
    Rivanna River Basin Commission Watershed Snapshot
    Ms. Leslie Middleton presented to Council on the Rivanna Watershed Snapshot. She
    reviewed information about the watershed, the dangers of contaminated stream water, ways of
    protecting our watershed, shared goals and the Comprehensive Plan, and watershed planning.
    Mr. Jones said there is a one-time $25,000 request from RRBC, and they are looking for
    direction from Council. Ms. Smith asked how this money would be used. Ms. Middleton said it
    will be directed toward specific components of the watershed planning process.
    Mr. Huja said he supported the request.
    Ms. Galvin said these projects are extremely valuable and will benefit the watershed on the
    whole. She asked if there will be enhanced coordination over time. Ms. Middleton said a key
    component is coordination with partners.
    Ms. Smith said she supports funding. She asked if this piece is dependent on other funds.
    Ms. Middleton said it is not.
    REPORT: SOCIAL SERVICES ADVISORY BOARD UPDATE
    Social Services Advisory Board Update
    Ms. Anne Broccoli presented to Council. She reviewed the Social Services mission and
    vision, and total federal and state funding for FY 2012. Ms. Kelly Logan, VIEW Supervisor,
    also presented to Council.
    8
    Ms. Broccoli reviewed current and future challenges, including space needs and federal
    sequestration. Council thanked them for their report and their work for the City.\
    REPORT: PARKS AND RECREATION UPDATE
    Parks and Recreation Update
    Mr. Daly presented Council with a summary of the last five years of activity with the Parks
    and Recreation department. He gave an overview of renovation projects and the awards they
    have received. In response to a question from Ms. Smith, Mr. Daly said all spray ground waters
    are recycled. He reviewed the Azalea Park and Rives Park Master Plan and Renovations
    projects. He gave an overview of the formal Parks and Recreation Department Park Master
    Planning Process and listed the completed park master plans to date.
    Mr. Chris Gensic presented an overview of recent park land acquisitions. Approximately
    50-60 acres of land have been added in the last five years, and 10% of the City's area is currently
    parkland. He reviewed trail easements and the status of existing trail network. He reviewed the
    Urban Forest Management program, which has advanced in the last five years. He reviewed
    their work with stormwater management.
    Mr. Daly reviewed facility attendance numbers and programs. Registered program
    participation has increased by 10% since 2012. He reviewed recreation programs and new
    events, and the revamped scholarship program. He reviewed internal changes, management and
    tracking, and data analysis. He gave an overview of future projects.
    Ms. Galvin asked how the department developed their internal improvements. Mr. Daly
    described the process staff went through to improve their structure and plans for moving
    forward.
    Mr. Huja asked what the total cost of the projects over the last six years has been. Mr.
    Daly said almost $25 million.
    Ms. Smith asked how they make programming decisions, and how they compare to other
    local recreation facilities. Mr. Daly said they do needs-based programming and target less than
    10% cancellation rates. Ms. Smith said she would like to see a pond in one of the City's parks
    and more impervious surfaces used in future park designs. Ms. Smith asked them to comment on
    the Downtown Mall and the City Market. Mr. Daly said they are open to suggestions for
    improvement on management models for either of these.
    9
    REPORT: UVA STUDENTS ON "WAYS OUT OF POVERTY"
    UVA Students on "Ways out of Poverty"
    Ms. Lauren Purnell, UVA graduate student, introduced the project to Council and gave an
    overview of the makeup of the public policy class she teaches. She reviewed the methodology
    used for the report and the research and interviews conducted during the course of the study.
    The students reviewed the agenda for their presentation, including the central question of
    how to end poverty in Charlottesville. The students gave an overview of three strategies that
    work: bundling social services, promoting community asset growth, and employment through
    community-based social enterprises. A report on their work this semester will be available in a
    few weeks.
    Ms. Galvin asked what the next step would be, and who would be responsible. Ms. Purnell
    said the City can bring the appropriate parties to the table to bundle services. Suggestions are
    also going to be published in the report. Ms. Galvin said she would like to see the report,
    especially in light of the Strategic Action Team's work.
    Mr. Huja said this is good work, but he said the question of who will pursue these projects
    is an important issue. Ms. Purnell said there are many local players in the room who work on
    this, and they should be called upon.
    Ms. Galvin said we need to bring the workforce back to downtown Charlottesville, for
    instance. There is talk about it, but we have to organize and make it happen. We should
    examine what piece of this City government would be the most effective in tackling, versus grass
    roots projects.
    Ms. Smith said using the community college is an interesting thought. Open Collaborative
    and other organizations are good resources. Ms. Purnell said it takes a lot to navigate the options
    available for residents.
    Mr. Huja asked if there are any ideas from the class. Ms. Purnell said the City could host
    an open house for UVA graduates for example, who are doing amazing things and have a
    passion for Charlottesville to come back and provide education and opportunities.
    MATTERS BY THE PUBLIC
    Ms. Diane Kuknyo, Director of Social Services, said these students give her hope for the
    future.
    Meeting adjourned.
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    1
    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Monday, May 20, 2013, 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 20, 2013
    Council met in special session on this date with the following members present:
    Mr. Huja, Ms. Smith, Ms. Galvin, Ms. Szakos, Mr. Norris.
    On motion by Ms. Szakos, seconded by Ms. Smith, Council voted, (Ayes: Mr. Huja, Ms.
    Galvin, Ms. Smith, Ms. Szakos, Mr. Norris; Noes: None), to meet in closed session for (1)
    Consultation with legal counsel regarding negotiation of the terms and conditions of a cost
    sharing agreement with the Albemarle County Service Authority for the costs of the Rivanna
    Pump Station, as authorized by Va. Code sec. 2.2-3711 (A) (7); and, (2) Discussion of the
    acquisition of real property, including approximately 1.25 acres at the end of Eton Road;
    approximately 30 acres located in the City and Albemarle County near the intersection of Old
    Lynchburg Road and Interstate 64; and approximately 3 acres in Albemarle County adjacent to
    Rives Park, all for public park and trail purposes, where discussion in an open meeting would
    adversely affect the City’s bargaining position, as authorized by Va. Code sec. 2.2-3711 (A) (3).
    On motion by Ms. Smith, seconded by Ms. Galvin, Council certified by the following
    vote (Ayes: Mr. Huja, Ms. Galvin, Ms. Smith, Ms. Szakos, 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 CHAMBER - May 20, 2013
    CALL TO ORDER
    Council met in regular session on this date with the following members present: Ms. Smith, Ms.
    Galvin, Mr. Huja, Ms. Szakos, Mr. Norris.
    AWARDS/RECOGNITIONS & ANNOUNCEMENTS
    Ms. Linda Seaman presented Council with the new spring scholarship recipients. The
    students introduced themselves and stated their school and major.
    2
    Mr. Huja read a proclamation in honor of Police Memorial Week. Sgt. Upman was present
    to accept the proclamation.
    Mr. Norris announced that City Hall will be closed May 27 for Memorial Day. Also, a
    Sock Hop will take place June 1 at Carver Recreation Center.
    Ms. Smith announced the 2013 Powersaver Home Makeover contest. The deadline to enter
    is May 31. Go to www.powersavermakeover.org for more information and to enter.
    Ms. Galvin announced the Meade Avenue closure on May 21 for the new railroad crossing
    installation. Also, the next Our Town meeting will be May 23 at the Herman Key Recreation
    Center for the Martha Jefferson/Little High neighborhoods. Go to charlottesville.org/ourtown for
    more information.
    Ms. Szakos announced the Ragged Mountain Area natural trail rebuilding event on
    Saturday, June 1. Also, the Youth Council is looking for new members ages 13-17 for the
    coming school year. Go to www.charlottesville.org for more information.
    Ms. Szakos and Mr. Norris gave a brief overview of their recent trip to our Sister City of
    Winneba, Ghana. Mr. Norris thanked all of the local contributors who made the trip possible.
    MATTERS BY THE PUBLIC
    Mr. Bill Speiden, 12046 Blue Hill Dr., an Orange County citizen, spoke against uranium
    mining and supported Council's moratorium on this activity.
    Ms. Michelle Ba'th Bates, citizen, gave Council an overview of the Fe-Male Perspective's
    latest activities and programming. Go to CPA-TV Channel 13 to see their work.
    Mr. Rit Venerus, Chair of Charlottesville Airport Commission and resident of Walnut
    Hills, said blasting at the airport has not stopped, and damages continue. He asked Council to
    protect the property owners by helping them with this issue.
    Ms. Lena Seville, Altavista Ave., said some of the issues that have been raised during the
    downtown mall discussions are not necessarily negative for everyone. Also, the downtown mall
    workgroup lacks diversity.
    Mr. Jonathan Boersma, Earlysville resident, said his home borders the airport property to
    the west of the runway and has been subjected to repeated blasting. He has suffered damage as a
    result, in spite of the fact the airport claims they are not causing any damage. He asked Council
    to take action and reiterate their call for a stop to the blasting.
    Ms. Esther Outlaw, Ms. Frances Henderson, and Mr. Ryan M., students at Monticello High
    School, presented Council with their research on the effect of a federal minimum wage increase
    3
    on small businesses. They distributed a packet with the results of a survey they conducted,
    showing that 80% of the small businesses surveyed already pay above the federal minimum
    wage.
    Mr. Ethan Elzey, 939 Wolf Trap Rd., presented Council with information about the
    Belmont Bridge project. He said there is a sight line barrier between the Downtown Mall and
    Belmont, and this should be removed. Budgetary information is not readily available to the
    public, and estimates may be biased in favor of the bridge. He urged Council to take a long term
    view on this project.
    Ms. Alex Dowell, Ms. Danielle Christmas, and Mr. Taylor Collier, said they have been
    following the Stonehenge project. They have researched the 26-home project and concluded that
    it should be accepted. The by-right plan would be worse for the environment and the
    neighborhood.
    Mr. Charlie Sheehan and a group of Monticello High School students said they have been
    doing research on the Belmont Bridge. While they were not able to get numbers and assistance
    on the project, they were able to speak to the contractor. They urged Council to consider the
    underpass. They said they are frustrated with the delays and slow pace of the bridge project.
    Ms. Julia Sheehan, 602 Nettle Ct., said uranium mining has become a big issue in our area.
    The environmental risks are not worth the potential income uranium mining could provide.
    Mr. Brandon Collins, 418 Fairway Ave., said he is disappointed with Council's mindset on
    poverty. Please promote programs that make jobs and access more readily available.
    Dr. M. Rick Turner, President of the Albemarle/Charlottesville NAACP, said he has
    contacted Council about employing a full-time African American at the CACVB. Mr. Burkhart
    said that the CACVB does not currently have any African American staff members. He said this
    is unacceptable for such an important agency and asked Council what they will do to address the
    lack of racial diversity at the CACVB.
    Ms. Riley Cole, Monticello High School student, said the drone moratorium was premature
    because we do not know enough about the technology yet to ban it. Drones can help research
    weather and environmental issues and can create jobs.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Ms. Smith thanked the Monticello High School students for speaking about relevant issues.
    She appreciated young people getting involved. She supported the request to examine a uranium
    resolution. She thanked Ms. Bates and Dr. Turner for bringing up issues that she believes will be
    addressed through the Human Rights Commission.
    Mr. Norris thanked Dr. Turner for bringing up important issues. We have a lot of work to
    do to become a City that invites diversity. He said he is very troubled by the blasting at the
    4
    airport and hopes that our representatives will reflect our concern and address the situation. He
    thanked Mr. Collins for his comments and said the relative inaccessibility of the workforce
    center is an issue.
    Ms. Szakos said she agreed with Mr. Norris and Ms. Smith. She affirmed the youth for
    their participation in tonight's meeting. She said it is important to be aware of diversity in
    staffing, and we need to be aware of the messages that are going out about our community. She
    thanked Mr. Collins for his comments and said we do need to talk about ending generational
    poverty.
    Ms. Galvin said Ms. Seville's comments about community engagement should be
    addressed. She asked Mr. Jones to work with department heads and staff facilitators to make sure
    there is diverse representation in the community work groups. She said she believes that Mr.
    Collins dismissed Ms. Purnell's presentation too quickly, because it contained good ideas for
    ways to get people working together creatively. She asked for an update on the Belmont Bridge.
    Mr. Huja said he agreed with the comments of his fellow Councilors. He encouraged the
    youth to continue coming to meetings and presenting ideas. Having good jobs is the most
    important anti-poverty program there is, and the City is working to achieve this.
    CONSENT AGENDA
    Mr. Huja requested that item j be removed for discussion.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the following consent agenda items
    were approved, with the exception of item j regarding parking fines. (Ayes: Ms. Szakos, Ms.
    Galvin, Ms. Smith, Mr. Huja, Mr. Norris; Noes: None.)
    a. Minutes for April 15, May 6
    b. APPROPRIATION: Virginia Department of Health Special Nutrition Program
    Summer Food Service Program - $95,000 (2nd reading)
    c. APPROPRIATION: Police Department - Special Events Overtime and
    Miscellaneous Revenue - $100,000 (2nd reading)
    d. APPROPRIATION: Hillsdale Drive Improvements - Appropriation of Payment
    from Stonefield Developers for Traffic Improvements - $800,000 (2nd reading)
    e. RESOLUTION: Addition of Tree Commission Member to PLACE Task Force
    f. RESOLUTION: FY 2013 Budget Supplement to Police Department for Costs
    Associated with Investigation - $127,000
    g. ORDINANCE: Affordable Dwelling Unit Amendment (2nd reading)
    5
    h. ORDINANCE: Amendment to Subdivision Ordinance to Allow an Option to
    Contribute to Sidewalk Fund (2nd reading)
    i. ORDINANCE: City Code Change - Chapter 26 - Solid Waste, Article V - Large
    Item Refuse Collection and Disposal (carried)
    j. ORDINANCE: Increases in Certain Parking Fines (1st of 2 readings) deferred
    REPORT: CHARLOTTESVILLE YOUTH COUNCIL (CYC)
    Youth Council
    Ms. Gretchen Ellis presented to Council. She introduced Mr. John Daniels, Ms. Mary
    Hemenway, and Ms. Raja-Nique Maupin, the CYC’s three seniors, to give Council an overview
    of what they have accomplished over the past year. The CYC decided their focus would be on
    highlighting the teen center at the Jefferson School Center. They organized a basketball
    tournament event, and it was successful. Mr. Huja presented the three seniors with a certificate
    of appreciation and a City pin. The rest of the CYC introduced themselves and described why
    they joined.
    Ms. Szakos thanked the inaugural CYC class for shaping what our City’s Youth Council
    will look like, and she encouraged more interaction. She thanked Gretchen Ellis and David Ellis
    for their work with the CYC. Mr. Norris thanked the youth and suggested a youth-based “Our
    Town” meeting next fall. Ms. Smith asked the group to report on ways we can improve access to
    the Jefferson City Center to the youth. Ms. Galvin said she would like to get the youth involved
    in master planning projects. Mr. Huja thanked the youth on behalf of Council.
    PUBLIC HEARING / ORDINANCE: PROPOSED UTILITY RATES FOR FY
    2014 (carried)
    Utility Rates
    Ms. Sharon O'Hare presented to Council. She gave an overview of the utility rates report
    and described the changes from last year.
    Ms. Smith asked how much water we use and said we should monitor this amount if it
    starts to increase. Ms. Galvin confirmed that our wastewater share has decreased by 1%.
    On motion by Mr. Huja, the public hearing was opened.
    Ms. Rebecca Quinn, 104 4th St., said our population grows and our water use drops. She
    asked why the City water and sewer rates are reported in different units than those used by
    Rivanna. Rates should be normalized and reported to citizens before the Utility Rates Report at
    6
    the Council meeting. People should remember that they are paying unnecessary rates because of
    the dam project.
    Ms. Colette Hall, 101 Robertson Ln., said the RWSA does not give support for the numbers
    they publish in their reports.
    Mr. Brandon Collins, 418 Fairway Ave., said he has discussed water and gas shut-offs in
    the City at past utility fees public hearings. This is similar to preventing evictions. There are
    other ways to get payment, and you should not shut off water or gas to any resident in the City.
    Having no further speakers, the public hearing was closed.
    Ms. Smith thanked Ms. O'Hare for her work on this report and for detailing some of the
    questions she had. She said it is not true that the City does not profit from the rates; they are built
    in via payment in lieu of taxes ("PILOT"), which is on water, wastewater and gas. She asked
    Council to explore eliminating PILOT, at least on water and wastewater. This will save
    customers about $1.2 million.
    Ms. Smith said every year we have used more and more from the rate stabilization funds to
    keep rates from increasing, and we were digging ourselves into a hole. She said the rate is
    determined by how much we subsidize it more than anything else. We need to find a way to stop
    depending on the rate stabilization.
    Ms. Szakos asked for a report on the shut-offs and requested information on what has been
    put in place since last year.
    Ms. Galvin asked if we could keep our units of measure consistent, per Ms. Quinn's
    request. She asked Mr. Jones for his opinion on Ms. Smith's repeated insistence on reviewing
    the PILOT and whether the effort of a review would be worth it. Mr. Jones said that decision
    would ultimately be up to City Council to pursue. There would be an impact on our budget. Not
    the entire $1.2 million is residential; some portion comes from commercial and UVA costs. Ms.
    Galvin asked for the pros and cons of a transition away from the PILOT. Mr. Huja asked for
    information on how other communities deal with this.
    Mr. Norris said he supports the direction Ms. Smith is going. He said Ms. Quinn is correct
    about water use declining. It is an undeniable trend at this point.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the ordinance carried.
    PUBLIC HEARING / ORDINANCE: HUMAN RIGHTS COMMISSION (2nd reading)
    Human Rights Commission
    Mr. Ellis presented to Council. He reviewed the four components of the Human Rights
    Commission and the proposed commission charge process, illustrated on the flowchart in
    7
    Council's materials. He reported estimated costs of mediation at $17,000, bringing the total
    annual cost of this initiative to $197,000.
    Mr. Norris asked for confirmation that this ordinance still allows us to contract with a third
    party to process complaints. Mr. Brown confirmed that this is the case. Mr. Norris said the
    Commission can create a smaller hearings panel that would not necessarily involve the entire
    commission. Mr. Ellis confirmed that this is correct. Ms. Smith asked at what point a complaint
    goes from being confidential to public. Mr. Ellis said if the commission decides to have a public
    hearing, the complaint would then become public.
    On motion by Mr. Huja, the public hearing was opened.
    Rev. Dr. Melanie Miller, 717 Montrose Ave., Sojourners United Church of Christ, said she
    supports human rights. We cannot tolerate discrimination in order to live in a healthy
    community. This must include enforcement powers.
    Mr. Jim Moore, 1213 Hazel St., former member of the Dialogue on Race (DOR) Steering
    Committee, said the task force report did not include empirical evidence of discrimination, and
    Council is chasing shadows with this commission. He asked for postponement or verbiage that
    puts this on a three to five year trial basis.
    Mr. Marvin Joiner, resident since 1960, said a leading City does not need a Human Rights
    Commission. We should spend money on things like parks instead.
    Ms. Suzanna Nicholson, 501 2nd St., N.E., thanked Councilors Szakos, Smith and Norris
    for their recent stand on enforcement. Council has heard no evidence that a commission will
    harm business, and if this does not work as planned it can be retooled by future Councils.
    Mr. Alex Gulatta, 2110 Tarleton Dr., said enforcement is important, but making it effective
    for only employers with 5-15 employees misses the point and gives large employers a free ride.
    The EEOC and the state human rights process lack meaningful authority.
    Ms. Joy Johnson, 802 A Hardy Dr., said this commission should have enforcement powers.
    She said it is hard to believe that there are still people who do not believe there are violations to
    human rights. There must be an avenue for people who feel their human rights have been
    violated.
    Mr. Lewis Martin, 923 Marshall St., said the City cannot pass ordinances that are not
    enabled by state legislation. Councilors are violating their oath by passing an ordinance that
    creates a new protected class that is not previously granted by the state.
    Mr. Robert Smith, Belmont resident, said he is against the proposed human rights
    ordinance.
    Ms. Edith Goode, 305 2nd St., said she supports a commission with local enforcement.
    8
    Ms. Nancy Carpenter, 727 Denali Way, said she supports the human rights commission
    with enforcement.
    Mr. Walt Heinecke, 1520 Amherst St., thanked Council for taking the necessary risks. PHA
    does great things, but they are not an enforcement agency. Implementation will be important,
    and he urged Council to think about the funding.
    Mr. Brandon Collins, 418 Fairway Ave., said PHAR supports a commission with local
    enforcement powers, as well as the new additions from the Legal Aid Justice Center.
    Mr. Jim Shea, Montevista Ave., said he supports Mr. Collins, Mr. Gulotta, and Mr.
    Heinecke. Council should give the commission the discretion to be effective in its enforcement.
    You are close to doing something really big and good for our City for years to come.
    Having no further speakers, the public hearing was closed.
    Ms. Smith said the arm of the commission that deals with illegal discrimination does abide
    by state and federal law. Ms. Szakos said we are not adding another class, simply interpreting the
    aspect of the state law that protects sex. It is untested, but she said she was comfortable with
    keeping it in the ordinance.
    Ms. Galvin said the Human Rights Task Force did not produce a document that gave us the
    data we needed to take the steps we are taking tonight. We do not know the extent of this issue.
    The very things we need to do first and foremost will be sacrificed if we spend $197,000 on a
    commission prematurely. The focus should be on developing mutual understanding and
    partnership, not tracking down violators and prosecution. She asked Council to develop a
    Charlottesville Economic Opportunity Plan to facilitate success in our community.
    Mr. Norris said he has supported a commission from the beginning, particularly focusing
    on invisible, systemic racism. He supports enforcement, but he does think using existing
    resources could take the form of a community-based process that is not located in City Hall. He
    said it is important for the City to include sexual orientation, and it is not illegal for us to do so
    because we do not levy fines or enact punishment. He agreed with Mr. Gulotta that we should
    give staff some discretion with how to proceed with a given case.
    Mr. Huja said there is a problem with discrimination, even though there is no quantifiable
    data. He supports a human rights commission but cannot support it in the current form.
    Ms. Smith asked to reorder the three arms of the commission to be sequential with the
    enforcement piece (engagement, systemic, legal).
    Ms. Smith said section 2-437 (a) is misleading because it suggests the director will do this
    for every case. Ms. Szakos suggested the sentence could move down to (c).
    Ms. Smith recommended adding the phrase “within the corporate limits of the City” to
    section 2-437 (c), because that is all we have jurisdiction over.
    9
    Ms. Smith said she was concerned that the last sentence of (d) in that same section will
    mean the complainant will go straight to the Human Rights Commission if they do not agree to
    mediation, and this is not how this was designed. Mr. Huja said allowing and requiring are two
    different things. Ms. Smith decided not to pursue the point.
    Ms. Smith asked if we should spell out what happens when someone walks through the
    door in terms of jurisdiction. Ms. Szakos said if the director develops central intake, that should
    be reflected in their policy. Ms. Galvin said this is more regulatory language, and Council
    should have the opportunity to review that language once it is available.
    Ms. Smith and Ms. Szakos said if the ordinance is going to allow for either party to
    determine probable cause, we should be consistent. Mr. Brown said the concept of mediation is
    premised on the parties to willingly negotiate in good faith. Section 2-439.1 was changed to say
    "either party".
    Ms. Smith confirmed that it is legal to meet behind closed doors on matters brought forth to
    the Commission before the public hearing.
    At Ms. Galvin’s request, Mr. Brown said he would add a sentence to end of Section 2-434
    (d) regarding materials used and communications made during a mediation remaining
    confidential. Also, he will add a paragraph to Section 2-434 (e) to state that the execution of a
    written agreement is solely for the purpose of settling a disputed claim and does not constitute as
    an admission that the law has been violated. Ms. Galvin added that Council asked that a violation
    of Section 2-440 shall be a Class 3 misdemeanor, which needs to be reflected in the ordinance.
    Ms. Galvin asked to add a sentence under final reports stating that it will expire at the end
    of every third fiscal year absent further action from the Council. There was not support for this
    change.
    On motion by Ms. Szakos, seconded by Ms. Smith, the proposed amendments passed
    unanimously.
    Mr. Norris suggested we direct staff to put out an RFP to see what kind of options there are
    to contract with a third party. Mr. Huja said we should adopt the ordinance first and then address
    this issue at a later time. Ms. Szakos said this seems premature. Mr. Norris said staff needs to
    know if they are hiring two people or just one. He said this would create a less adversarial
    approach. There was not support for this at the current time.
    The Human Rights Commission ordinance passed as amended on the second reading.
    (Ayes: Mr. Norris, Ms. Smith, Ms. Szakos; Noes: Ms. Galvin; Abstain: Mr. Huja.)
    Mr. Huja said he abstained because there are good things about the ordinance and he is not
    opposed to it, but he does not wish to vote for it in its current form.
    Ms. Galvin said this needs to be explained fully to the public.
    10
    PUBLIC HEARING: ADOPTION OF THE 2013 COMPREHENSIVE PLAN
    2013 Comprehensive Plan
    Ms. Creasy presented to Council. The Comprehensive Plan serves to coordinate public and
    private development with present and future policies as may be reflected through zoning, capital
    improvement programs, code enforcement and other means. The review of our Comprehensive
    Plan started in July 2010. She described updates and changes and gave an overview of the
    numerous community meetings that have taken place.
    Ms. Smith asked how people have been able to access the current version. Ms. Creasy said
    it has been online, and staff has also mailed data to citizens as requested. Ms. Smith requested a
    permanent link on the home page for the proposed plan.
    Mr. Huja said he would like to see the plan available on a disc so people can take it home
    and read it. He asked staff to provide Councilors with a hard copy of the basic chapters.
    At Ms. Smith's request, Ms. Creasy provided an overview of what should and should not be
    included in the document and other plans that are linked with the Comprehensive Plan.
    On motion by Mr. Huja, the public hearing was opened.
    Mr. Bill Emory, 1604 E. Market St., said the Woolen Mills neighborhood has been
    involved with discussions about the Comprehensive Plan since at least 1988. He thanked Missy
    Creasy and Planning Commission Chair Gennie Keller for their effort and hard work on this
    plan.
    Mr. Scott Bandy, 1639 Cherry Ave., said the Comprehensive Plan process was not without
    conflict.
    Having no further speakers, the hearing was closed.
    Mr. Norris asked how the plan will help stop the hemorrhaging and increase the stock of
    land available for job creation. Ms. Creasy said the chapter on economic sustainability speaks to
    many of those issues.
    Ms. Galvin said introduction of the small area plan approach has been a big change. A
    holistic look is important. Mr. Huja said we can discuss language changes at the next meeting.
    Ms. Creasy provided clarification about the small area plan at Ms. Smith's request. This
    will be similar to other planning processes, including data gathering and public input phases.
    Ms. Smith said her biggest concern is in the housing section. She said it is missing big pieces.
    Mr. Norris seconded Mr. Huja's request to provide the document in a more readable form.
    He asked for a quick update on where things are for the Rivanna corridor. Ms. Creasy said there
    11
    has not been progress at this point. However, the County and City have agreed that it is a
    priority goal.
    ORDINANCE: STONEHENGE PUD (2nd reading)
    Mr. Haluska presented to Council. Ms. Szakos asked what would happen if the PUD were
    approved but the not the slope waiver. Mr. Haluska clarified that once you grant a PUD, you
    cannot go back to the By-Right plan. Mr. Brown said Council should deny them both or grant
    them both.
    Ms. Smith said if they do the by-right plan, they still need a critical slope waiver. Mr.
    Haluska said this is correct. Ms. Smith said the critical slopes waiver is a check on the by-right.
    Ms. Galvin asked if anything had come of discussions regarding site plans. Ms. Galvin
    said the developers should have hired an architect instead of consulting with her as a Councilor.
    Mr. Baldwin said he did not receive Ms. Galvin's comments.
    Ms. Szakos asked if something had changed since they came to us. Mr. Baldwin said he
    would have to withdraw and resubmit the application to make changes.
    In response to an inquiry from Ms. Smith, the developers said they look for opportunities to
    integrate rain gardens and other structural measures in order to address stormwater runoff.
    Mr. Norris said the neighborhood is behind this, and he supports it.
    Ms. Galvin said if there is some language that described what the applicant verbalized this
    evening, she would have assurance and would have approved.
    The ordinance passed (Ayes: Mr. Norris, Ms. Szakos, Mr. Huja; Noes: Ms. Galvin, Ms.
    Smith).
    RESOLUTION: STONEHENGE PUD CRITICAL SLOPE WAIVER REQUEST
    On motion by Mr. Norris, seconded by Mr. Huja, the critical slope waiver was approved
    unanimously.
    RESOLUTIONS: PROMISE HOUSE FUNDING ALLOCATION
     City of Promise Land Transfer & Approval of Development Costs (Transfer of
    Funding From Within the Capital Projects Funds) - $306,148.92
     Authorization to Seek Construction Bids for 210, 206 and 204 8th Street, N.W.
     Acceptance of Property from Habitat for Humanity 210 8th Street, N.W.
    Ms. Kathy McHugh presented to Council. Staff recommends approval of a resolution(s)
    that:
    12
    1) Authorizes NDS to seek bids for the construction of the City of Promise facility based on
    final architectural plans for 210 8th Street N.W.;
    2) Allocates $271,000 from the Economic Development Strategic Investment Fund to
    construct a facility for the City of Promise, an estimated $1,250 to pay for title
    search/insurance associated with transfer of both lots on 8th Street N.W. from HFHGC
    and $885.92 to pay Habitat for additional closing expenses (not previously reimbursed);
    3) Authorizes the City Attorney to accept (on behalf of the City) title to the property at 210
    8
    th Street, N.W. from Habitat for Humanity (note Council already authorized acceptance
    of 204 8th Street on July 2, 2012);
    4) Authorizes NDS to seek bids to provide grading work at 204 and 206 8th Street N.W. for
    green space / future outdoor recreational area and to provide a possible parking pad for an
    adjacent property owner;
    5) Allocates $23,013 for grading/site work in neighborhood drainage funding for work at
    204 and 206 8th Street N.W.; and
    6) Allocates up to $10,000 from neighborhood funds for future green space / outdoor
    recreational area improvements to be made at 204 8th Street N.W.
    Mr. Norris asked what would happen if City of Promise never gets their grant a few years
    from now and goes out of business. Ms. McHugh said they plan to put this up for sale at some
    point in time, because if they are successful, they will outgrow this facility anyway. They are
    looking at a three to four year time frame. Mr. Norris said this money will eventually come back
    to the City either way.
    Mr. Norris said he does not see how this qualifies as a strategic investment allocation. Mr.
    Huja asked Mr. Norris if he had asked them to use the strategic investment fund in the past for
    housing. Mr. Norris said it was never intended to build one house, but was to be used to promote
    mixed income/mixed use development.
    Ms. Galvin said the houses in this neighborhood exhibit a sense of style. The building at
    204 should be flipped. She suggested Ms. Mary Joy Scala could assist with the details. If the City
    gets involved with developing, we need to set a high bar.
    Mr. Norris asked what the logic was behind providing funding to simply rent a space until
    they know for sure what their long term plans are. Mr. Jones said location was a big reason.
    Ms. Galvin said the City has made a good commitment to the Promise Neighborhood
    effort, and this will help ensure this does not fail. We have an obligation to make sure the
    building is extremely compatible with the neighborhood.
    Mr. Huja confirmed that this is a legal zoning use of this building. Mr. Brown said it is.
    On motion by Ms. Szakos, seconded by Ms. Galvin, all three resolutions were approved.
    (Ayes: Ms. Szakos, Ms. Galvin, Ms. Smith, Mr. Huja; Noes: Mr. Norris.) Mr. Norris said he
    wishes City of Promise well and believes this will be a great space, but he cannot support it
    because of the source of the funds.
    13
    ORDINANCE: CITY SPEED LIMIT REDUCTION (2nd reading)
    Ms. Donovan Branche presented to Council. The speed study conducted from Cleveland to
    Fontaine was conducted once again on April 17 for a time period of seven days. The results of
    the study supported the original recommendation of 30 mph.
    Mr. Huja said Council should support 30 mph as the study recommends. Ms. Szakos
    reiterated that the study does not justify a 25 mph limit, which means citations would not hold up
    in court because the posted limit was not validated with a study.
    Ms. Galvin said this is a very long block with no crossing. She asked Council if they
    would be willing to investigate a mid-block crossing on that street. Ms. Smith asked if this
    would impact the speed limit formula. Ms. Branche said it would not. Ms. Smith said the real
    problem is at Cleveland.
    Ms. Branche said the City has not historically installed mid-block crossings, but they are
    becoming more popular. There are things you can do to make a mid-block crossing safer.
    Driver expectancy is an issue. Ms. Szakos said when roads bulge inwards, it is difficult for
    bicycles to navigate. Ms. Smith said we need to look at the crosswalk at the end of the bridge
    too. Ms. Branche said she would have to request additional funding for these safety mechanisms
    in the next budget cycle.
    Ms. Smith said we need to address our inability to regulate speeds on our own streets.
    The ordinance passed unanimously for 30 mph.
    RESOLUTION: 1335 CARLTON AVENUE (PACE CENTER) SUP
    Ms. Ebony Walden presented to Council on the 1335 Carlton Avenue (PACE Center) SUP,
    which would allow for a residential use of up to 21 dwelling units per acre. The Planning
    Commission voted 6-1 in favor of this application, recommending approval with conditions.
    Mr. Scott Collins presented to Council. They agreed to all the conditions laid out by the
    Planning Commission and doubled down on some of the conditions, such as agreeing to make
    30% of the units on the site affordable housing.
    Ms. Smith said it does not make her feel better that the affordable rate goes up to 30% in a
    very high poverty area. The idea that we need to put an SUP on the entire five acres instead of
    just parcels A and B, which would give you the density you needed for your building, is a
    fallacy.
    Ms. Galvin had a fundamental concern about the use of the SUP to essentially rezone a five
    acre parcel. We have to make a down zoning decision on a site with very little documentation.
    She asked why this was not a PUD. Ms. Walden said it is not a PUD per the code. Residential
    14
    has been approved for the zone in question and has been deemed appropriate as reviewed on a
    case-by-case basis. Ms. Galvin said this is a dramatic wholesale change.
    Ms. Smith said she agrees with Ms. Galvin that this should be a rezoning. Mr. Walden said
    zoning can be used for less intense uses via an SUP. The applicant is bringing forth their
    application based on current laws. The issue of rezoning versus SUP can be addressed at a later
    time.
    Mr. Brown said from a strictly legal standpoint, this is not a rezoning or down zoning
    because this is still an M-1 use property.
    Ms. Szakos said this is exactly the kind of mixed use development we are seeking. It is not
    perfect, but we have not been able to accomplish this anywhere else.
    Ms. Galvin said we are so close to having a small area plan that covers the area in question,
    and this approval is squeaking in just before we complete that holistic plan. Seniors will have to
    be transported to the PACE Center by JAUNT within the complex.
    Ms. Walden asked Council to define the issues with parcel C so the applicant can move
    forward with their plans. Ms. Galvin said the buildings on parcel C are essentially being used as
    a retaining wall, which is fine provided the entries facing Carlton will be at the street edge.
    Mr. Norris asked to explore provisions for better pedestrian/wheel chair connectivity
    between parcels A and B. Ms. Galvin said the gateway between parcel B and parcel A will look
    like a shopping center. The applicant said they would be willing to put their plans through the
    approval of the Planning Director.
    Ms. Szakos said she would like to add the condition that the actual site plan pass through
    the staff for approval. Ms. Walden said you can have a condition that preservation, design plan
    and the entrance corridor may be reviewed. The Entrance Corridor Review Board may be used.
    Ms. Szakos moved to approve all three pieces with the Planning Commissions'
    recommended conditions, the additional conditions offered by the applicant, and the design with
    staff review.
    Ms. Smith said this is irresponsible to our citizens to push this approval through. Mr.
    Norris said he would support an SUP on parcels A and B tonight so they can move forward on
    the loan application, but he cannot in good faith support approval on parcel C.
    Ms. Galvin said this is not harmonious, it is not in keeping with the comprehensive plan,
    and she does not support it.
    Mr. Norris moved to approve the SUP on parcels A and B and deferred action on parcel C.
    Ms. Smith seconded. The resolution passed. (Ayes: Mr. Norris, Ms. Smith, Mr. Huja, Ms.
    Szakos; Noes: Ms. Galvin.)
    15
    Ms. Szakos asked if Council agreed that there could be a residential use for parcel C. Mr.
    Norris said there could be.
    ORDINANCE: INCREASES IN CERTAIN PARKING FINES
    Mr. Huja said the first parking ticket someone receives should be free. Ms. Szakos said she
    does not think this should be the case every year, but she supports a waiver for first time parking
    ticket recipients.
    Mr. Jones said we can let visitors know that if this is their first ticket, it can be appealed.
    Ms. Szakos recommended distributing a campaign to accompany the ticket. She confirmed
    that it would be a staff appeal.
    Mr. Jones said he will bring this back to Council for a vote with the changes at their next
    meeting.
    Meeting adjourned.
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    1
    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Monday, June 3, 2013, 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 3, 2013
    Council met in special session on this date with the following members present:
    Mr. Huja, Ms. Smith, Ms. Galvin, Ms. Szakos, Mr. Norris.
    On motion by Ms. Smith, seconded by Ms. Szakos, Council voted, (Ayes: Mr. Huja, Ms.
    Galvin, Ms. Smith, Ms. Szakos; Noes: None; Absent at time of vote: Mr. Norris), to meet in
    closed session for (1) 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, (2)
    Consultation with legal counsel regarding specific legal matters involving the negotiation of the
    terms and conditions of an extension of the existing fire services agreement between the City and
    Albemarle County, as authorized by Va. Code sec. 2.2-3711 (A) (7).
    On motion by Ms. Szakos, seconded by Mr. Norris, Council certified by the following
    vote (Ayes: Mr. Huja, Ms. Galvin, Ms. Smith, Ms. Szakos, 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 - June 17, 2013
    CALL TO ORDER
    Council met in regular session on this date with the following members present: Ms. Smith, Mr.
    Norris, Ms. Szakos, Ms. Galvin, Mr. Huja
    ANNOUNCEMENTS
    Mr. Huja announced the Democratic Primary on Tuesday, June 11. Call 970-3250 or go to
    charlottesville.org/vote for more information.
    2
    Mr. Huja announced the next Our Town meeting on Thursday, June 13 from 6:00 p.m. -
    8:00 p.m. at Carver Recreation Center for the Locust Grove neighborhood.
    Ms. Galvin announced the JABA "Chillin' and Grillin’" event at Jefferson School's Vinegar
    Hill Cafe on Thursday, June 6 at 5:00 p.m.
    Ms. Galvin announced the City tax deadline for real estate and property tax bills is June 5.
    Call 970-3146 if you need to discuss your tax bill or payment.
    Ms. Szakos announced June 6 is National Get Outdoors Day and encouraged citizens to go
    outside. Also, there will be a Father's Day festival on June 15 from 10:00 a.m. – 2:00 p.m. at
    Tonsler Park.
    Ms. Smith congratulated the Department of Finance for receiving the Certificate of
    Achievement for Excellence in Financial Reporting from GFOA for its Comprehensive Annual
    Report.
    Ms. Smith announced a City-wide safety kickoff called the “Bugs Campaign” by Alex Zan
    on Thursday, June 13 at 6:00 p.m., on the lower level of the Transit Center on Water Street.
    Ms. Smith announced Sunday Sundowns at Washington Park Pool. The first one is Sunday,
    June 9 at 3:00 p.m. This event is free to the community, with free swimming to the first 300
    patrons.
    Mr. Norris announced that our City outdoor pools are now open for the 2013 summer
    season. Washington Park Pool bathhouse has recently been completed.
    On motion by Mr. Norris, seconded by Ms. Smith, the following appointments were made
    to Boards and Commissions: to the Building Code of Appeals, Keith Woodard; to the CDBG,
    Matthews Slaats (Rose Hill representative); to CHART: Michael David Hurst and Adam Lees; to
    CPMT: Michelle Busby and Ronald K. Spears; to the Historic Resources Committee: John
    Baran, Liz Sargent, and Ellen Wagner; to the JABA Board of Directors: Adam Hastings; to the
    Parks and Recreation Board: Anne Bryan Hemenway; to the Planning Commission: Kurt
    Keesecker and John Santoski; to the PLACE Design Task Force: Claudette Grant and Mark
    Watson; to Region 10: Mary Frances Porter; to the Sister City Commission: Adam Hastings,
    Sarah Lawson, and Amy Lemley; to the Social Services Advisory Board: Rachel Thielmann; to
    the Tree Commission: Paul Josey; to the Charlottesville Youth Council: Addie Brown, Zyahna
    Bryant, and Tianna Washington. (Ayes: Mr. Norris, Ms. Smith, Ms. Szakos, Mr. Huja, Ms.
    Galvin; Noes: None.)
    MATTERS BY THE PUBLIC
    Ms. Joanie Freeman, 522 Ridge St., said the HEAL resolution has awesome stuff in it, but
    our community is a very active community, including Center for Nonprofit Excellence (CNE),
    3
    which pulled a lot of organizations together and formed a food hub. Bundling services is
    important. She asked for Council's help in bringing healthy food to our community.
    Ms. Nancy Carpenter, 727 Denali Way, said telling the truth is not a crime, so free Bradley
    Manning now. She said ACRJ is holding a meeting about how to utilize resources more
    efficiently. HEAL is a good national initiative, and she agreed with Ms. Freeman that we need to
    bring all existing initiatives together.
    Mr. Bryan Wimer, 704 Belmont, said community involvement is important. Random Row
    Books may be nonexistent; you are about to lose an institution. They have been very active in the
    community. They are getting displaced by a Courtyard Marriott. He is starting a petition against
    Courtyard Marriott to show the community does not support displacing businesses that
    contribute to the community.
    Mr. Mark Kavit, 400 Altamont St., said most would agree the Human Rights Commission
    is a good thing, but it is a program that will benefit a few at a high monetary cost. This money
    could be better spent on other areas that would improve human rights relations. He thanked
    Councilor Galvin for having the courage to vote no.
    Mr. John Pfaltz, Rugby Rd., said he spoke about the stretch objectives for the City
    Manager's pay increase at the last Council meeting. They should be given to Mr. Jones and the
    public this month, not in October. He asked what the final price tag on the Fontaine Fire Station
    was.
    Ms. Nikah Walker, 503 Druid Ave., said she was alarmed when she saw the article in the
    Cville about unaffordable housing. She is disturbed that Friendship Court could be sold. She said
    there is a lot of diversity in the neighborhood, and there is a lot of focus on integration. The City
    should be honest about what the plan for the property is.
    Ms. Riahnnon Williams, 422 Friendship Ct., said no one is speaking to the residents about
    Friendship Court being sold. There are numerous people who live in Friendship Court who are
    educated and have been pillars of the community. Her daughter was unfairly placed in foster care
    because of her address, and other children who have been neglected are not being properly taken
    care of by the system.
    Ms. Shamanda Green, 420 F Garret Square (now Friendship Court), said the neighborhood
    has benefited from the financial investment they received in 2002, and it is important to continue
    to support the community as it is rebuilding itself.
    Ms. Rosemary Casey, 1124 E. Jefferson St., current president of the McGuffey Arts Center,
    said this year marks a critical turning point, and she asked the City to continue supporting
    McGuffey.
    Mr. Wes Bellamy, 1002 Linden Ave., said this Saturday at Lee Park is the "Community
    Come Together Day" from 3:00 – 6:00 p.m. Come for free food, music, and drinks.
    4
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Ms. Smith thanked Ms. Freeman for sharing the list of Charlottesville's great resources and
    agreed that we need to pull it all together. She agreed with Ms. Carpenter that preserving
    African American history is important. She agreed that Random Row is a great community
    resource. She hopes we will be kept informed as the Friendship Court deadline approaches, and
    she asked residents to stay involved.
    Ms. Szakos responded to Mr. Pfaltz about the stretch objectives. If we are ready to talk
    about what that is sooner, that would be great. Mr. Jones said it does not have to wait until
    October. Ms. Szakos said she only heard about the candidate forum at Random Row yesterday,
    and she is hoping the word will get out. Random Row is located on private property, so the City
    cannot force the owners to sell or not. She thanked the Friendship Court residents for coming
    and said the PHA have been very aware of the impending deadline and is looking at ways it can
    be extended and renewed. She said she is sorry Ms. Williams has to face this difficult situation
    with her daughter.
    Ms. Galvin said we can add language to the HEAL resolution to address the need for
    coordination and be sure we are not stepping on the grass roots of the other efforts that are in
    motion right now. She told Mr. Wimer we are making focused efforts to engage the community
    and integrate them with planning. She asked the Friendship Court residents to leave their
    information with the Clerk so they can get involved with this process.
    Mr. Norris asked if Mr. Jones could clarify the cost of the Fontaine Fire Station. Mr. Jones
    said costs are estimated between $14-15 million, but the project is not yet complete. Mr. Norris
    seconded the comments supporting Ms. Freeman's initiatives and the many healthy projects
    coming up through grass roots initiatives. He said there is a great disconnect between the Human
    Rights Commission and the collective understanding. The Commission will address instances of
    systemic, institutional racism, and they may or may not hear any cases that involve enforcement.
    He said we should be doing more to support our small businesses and low income families who
    need housing. He said we need to get to the bottom of the 15 year agreement at Friendship
    Court, because that was not what was originally agreed upon.
    Mr. Huja said he is concerned about the options that would face the families of Friendship
    Court.
    CONSENT AGENDA
    a. Minutes for May 20 deferred
    b. APPROPRIATION: Contribution from Albemarle County Service Authority for
    Ragged Mountain Project - $765,000 (carried)
    Contribution from Albemarle County Service Authority for Ragged Mountain Project
    5
    c. RESOLUTION: Refund of Tax Overpayment for 853 West Main Street
    Refund of Tax Overpayment for 853 West Main Street
    d. RESOLUTION: RSWA Local Government Support Agreement
    RSWA Local Government Support Agreement
    e. RESOLUTION: Transfer of Fire Department Funds - Fontaine Ave. Fire Station
    Networking and Telephone Equipment - $140,000
    Transfer of Fire Department Funds - Fontaine Ave. Fire Station Networking and Telephone
    Equipment
    f. ORDINANCE: City Code Change - Chapter 26 - Solid Waste, Article V - Large
    Item Refuse Collection and Disposal (2nd reading)
    City Code Change - Chapter 26 - Solid Waste, Article V - Large Item Refuse Collection and
    Disposal
    g. ORDINANCE: Increases in Certain Parking Fines (carried)
    Increases in Certain Parking Fines
    h. ORDINANCE: Franchise Agreement for Teleconnect Long Distance Services and
    Systems Company (carried)
    Franchise Agreement for Teleconnect Long Distance Services and Systems Company
    i. ORDINANCE: Homeowner Tax Relief Grant - 2013 (carried)
    Homeowner Tax Relief Grant - 2013
    Mr. Huja asked if we should go forward with item g. Ms. Szakos was going to add "and a
    policy for forgiving first time tickets" to the language on the first reading. Mr. Huja supported
    that amendment.
    Ms. Smith asked to defer approval of the minutes.
    Ms. Smith said on item b, some of the $765,000 is for trees, and she wanted to be sure we
    are thinking about replacing our canopy trees. She asked for a report on the whole solid waste
    picture; it is currently been given in pieces. She asked about timing for the Homeowner's Tax
    Relief Grant. She asked if we can schedule it so that people can apply for tax relief as soon as
    they get their bill.
    6
    On motion by Ms. Szakos, seconded by Ms. Smith, the agenda was passed as amended.
    (Ayes: Mr. Norris, Ms. Smith, Ms. Szakos, Mr. Huja, Ms. Galvin; Noes: None.)
    PUBLIC HEARING / RESOLUTION: McGuffey Art Center Lease
    McGuffey Art Center Lease
    Mr. Lance Stewart presented to Council. The current five-year lease is expiring at the end
    of June, and staff recommends extending the lease by one year while discussions continue.
    On motion by Mr. Huja, the public hearing was opened. Having no speakers, the public
    hearing was closed.
    Ms. Smith asked for clarification on the issues. Mr. Stewart said this has been a straight
    forward lease agreement, but they are interested in exploring how they might potentially
    reorganize themselves for long term security in the building. The City is interested in supporting
    this effort.
    Mr. Bob Anderson, 310 12th Street NE, incoming president of the McGuffey Art Center,
    said they are working to be as all-inclusive as possible. Any Councilor who is interested is
    welcome to join the discussion.
    Mr. Huja thanked Mr. Anderson and said McGuffey is a very important institution in our
    City.
    On motion by Mr. Norris, seconded by Ms. Szakos, the resolution passed unanimously.
    (Ayes: Mr. Norris, Ms. Smith, Ms. Szakos, Mr. Huja, Ms. Galvin; Noes: None.)
    RESOLUTION* ADA Transition Plan
    ADA Transition Plan
    Mr. Jim Herndon presented to Council. He described the work that has gone into the ADA
    Transition Plan.
    Ms. Szakos asked if we could explore creating a system to support the mobile application.
    Mr. Herndon said staff is interested in investigating this further.
    Ms. Galvin said the plan is very thorough. She asked about the complete streets resolution
    in the appendix and confirmed that it was adopted in 2010. She said the Institute of
    Transportation Engineers (ITE) Manual has another side of the coin. Another dimension to
    consider is the design of walkable thoroughfares. She asked for a resolution as a companion to
    the complete streets resolution. She asked for action steps to be linked to the resolution.
    7
    Ms. Szakos asked for a date update on Chapter 3, page 13 of the plan.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the ADA Transition Plan was
    approved. (Ayes: Ms. Smith, Mr. Norris, Ms. Szakos, Ms. Galvin, Mr. Huja; Noes: None.)
    ORDINANCE* Proposed Utility Rates for FY 2014 (2nd reading)
    Proposed Utility Rates for FY 2014
    Ms. Smith asked if facility fees are kept separate or if they are comingled. Ms. O'Hare said
    funds are not comingled.
    The Proposed Utility Rates ordinance passed. (Ayes: Ms. Smith, Ms. Szakos, Mr. Huja,
    Ms. Galvin; Noes: Mr. Norris.)
    RESOLUTION* Meadowcreek Stream Valley Master Plan Adoption
    Meadowcreek Stream Valley Master Plan Adoption
    Mr. Chris Gensic gave a presentation to Council. He reviewed the Parks and Recreation
    Department's efforts engaging the public and other stakeholders using the adopted park master
    planning process to develop a master plan for the parklands. A final plan is now ready for
    adoption. He reviewed park plans and updates. He presented the plan for Michie Drive field, the
    plan for trails, and plans for future recreational uses.
    Ms. Smith asked how long the bike trail is. Mr. Gensic said it is about two and a quarter
    miles, but the overall loop with the bike trail going in will be a five to six mile loop. Ms. Smith
    said we should explore a bike share program.
    Ms. Szakos asked if there been any thought about a multi-use sport court near the flat place
    next to Michie Drive. Mr. Gensic said the Planning Commission determined this was not a good
    use in this space. We are continuing to pursue other opportunities for sport courts.
    Ms. Galvin said it is good to see the planning process and the amount of public
    engagement. She said the bike share is a great idea, and we should explore finding funding
    outside of City funds. It can be an economic driver.
    Ms. Szakos asked if the name could be “Meadow Creek Valley Park”. Mr. Gensic said the
    Parks and Recreation Advisory Board has to formally adopt the name, which they have not done,
    so there is time to change it.
    On motion by Ms. Smith, seconded by Mr. Norris, the Meadowcreek Stream Valley Master
    Plan Adoption was approved. (Ayes: Ms. Smith, Mr. Norris, Ms. Szakos, Ms. Galvin, Mr. Huja;
    Noes: None.)
    8
    RESOLUTION* Healthy Eating Active Living (HEAL) Resolution
    Healthy Eating Active Living (HEAL) Resolution
    Ms. Carla Jones from the Institute for Public Health Innovation presented to Council on the
    HEAL initiative. She reviewed the program, the policy assistance and technical assistance they
    provide, and reviewed other campaigns occurring locally and regionally.
    Ms. Szakos said she has been on the initial state steering advisory committee for HEAL,
    and it offers a lot of technical support for initiatives we are already doing.
    Mr. Huja asked to add an element regarding coordination of existing programs.
    Ms. Szakos said we could add language about a Food Policy Task Force to section 3.
    Ms. Galvin said we may need a taskforce for the HEAL program in its entirety to engage
    the public and businesses as to what HEAL means and to determine steps that have already been
    taken at the community and grassroots level.
    Mr. Norris said that language would be excellent and would be in line with what Ms.
    Kendra Hamilton shared with Council earlier in the day.
    Mr. Huja said he agreed it would be nice to see a task force working on this. Mr. Norris
    said he is hesitant to get specific before discussing with current entities about whether that would
    be helpful. Mr. Huja said it does not have to be a City task force. If you form policies and do
    not have a group following it, it will get dropped. Ms. Galvin said we may be tripping over
    ourselves by adding yet another task force. We should add language that it is incumbent upon
    staff to enlist the support of existing task forces in related areas, both internal and external, as
    well as public input.
    Ms. Smith said she liked that the resolution spoke to inequities in income and education.
    This is where City government should be held accountable. She recommended adding
    “facilities” under "Built Environment". We should look at our stairwells and encourage people to
    use stairs. If they are attractive, they are more likely to be used.
    Ms. Szakos said we examined if our buildings have stairs that are more accessible and
    visible than the elevator, and we do in City Hall.
    Ms. Smith asked the Parks department to keep a close eye on the Key center and report
    back if charging fees for recreational use is lowering use for basketball.
    Mr. Huja said healthy food in schools should be encouraged. Ms. Szakos said we can
    encourage the School Board to participate. Mr. Huja and Mr. Norris agreed that we should
    include the schools. Ms. Smith said we have to lead by example. Ms. Galvin said we have to be
    9
    wary of dictating policy to the City schools. We can be a good example. Mr. Huja said there is
    nothing wrong with stating that we encourage healthy food in the schools.
    Ms. Galvin asked to add language about pursuing walkable thoroughfares in 2013.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the resolution was approved with the
    suggested changes. (Ayes: Ms. Smith, Mr. Norris, Ms. Szakos, Ms. Galvin, Mr. Huja; Noes:
    None.)
    REPORT: RWSA Quarterly Update
    RWSA Quarterly Update
    Mr. Tom Frederick presented to Council. He updated Council on current projects,
    including the water treatment plant Granular Activated Carbon (GAC) improvements project,
    adopted budgets for the next fiscal year that resulted in a wholesale rate decrease for the coming
    year, and ongoing discussions on solid waste. He said the organization is working on a longterm
    plan, which has been needed for many years. He said they will support technical questions
    from either side amidst the cost share agreement negotiations, but they are not participating
    actively in this decision making process. He provided a brief update on the Rivanna Pump
    Station project. There is strong interest in the project among contractors, and the bid process will
    begin in September. There was a productive open house on the pump station in the Woolen Mills
    neighborhood. The Ragged Mountain Dam project is still on target and is scheduled to be
    completed in December. The contract completion date is March.
    Mr. Norris asked about the issue of odors from the pump station. There have been renewed
    complaints from the Belmont/Carlton area, and he asked why this might be. Mr. Frederick said
    they are working to respond to concerns, and they continue to conduct research, but the answer
    can be hard to find. Running odor control on a very small budget in comparison to the size of
    the facility can be difficult. There has been some success with low budget measures.
    Ms. Szakos asked if they have talked to potential contractors about hiring local folks,
    including Section 3. Mr. Frederick said they have.
    Ms. Galvin asked about the ongoing discussion about the Rivanna Solid Waste Authority.
    We should be aware of what we want and not react in responsive mode to what Albemarle
    County does. Ms. Szakos said we had those conversations about two years ago, and we have
    voiced our support for the recycling center.
    Ms. Smith asked if GAC takes out fuel in a spill situation. Mr. Frederick said it can, but
    most facilities do not use it because of the cost. Ms. Smith confirmed that Sugar Hollow water is
    now diverted to the reservoir. She asked why that had to be done. Mr. Frederick said this was a
    cost issue. Ms. Smith asked if the City is being reimbursed for putting in trails. Mr. Frederick
    said the RWSA is open to negotiation about cost. At Ms. Smith's request, Mr. Frederick gave an
    update on the status of dredging. Ms. Smith asked about the status of the Four Party Agreement.
    10
    Mr. Brown said there is a notice requirement before it ends. It continues as long as there are
    bonds outstanding.
    OTHER BUSINESS - LIGHT SYNCHRONIZATION ON 29N
    Mr. Huja said the lights synchronization project on 29N was discussed at the recent PACC
    meeting. He asked Council to consider supporting this project because it effects City and County
    both. The cost would be $25,000-$30,000 for each section.
    Mr. Jones said we received some cost estimates for this project, which would be about
    $400,000 for the intersections from the University to Ivy and $50,000 to do the intersections at
    Hydraulic.
    Ms. Szakos asked where their funding is coming from. The county money is coming from
    the state.
    Mr. Norris said he thought we just did this several years ago. Ms. Szakos said this is a
    different project than what is currently in place; it is more advanced and interactive.
    Ms. Szakos said she does not know where we would find $500,000 in the current budget,
    but she is interested in the project.
    Ms. Galvin said she would like to see the measured studies showing that this would in fact
    benefit businesses.
    Mr. Norris said this is exactly what we should be doing instead of spending $300 million
    on the bypass.
    Ms. Szakos said she would like a report but would not want to make a decision yet. Mr.
    Norris said we need to make sure access to Michie Drive and light synchronization is part of the
    discussion.
    The meeting was adjourned.
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    1
    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Monday, June 17, 2013, 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 17, 2013
    Council met in special session on this date with the following members present:
    Mr. Huja, Ms. Smith, Ms. Galvin, Ms. Szakos, Mr. Norris.
    On motion by Ms. Galvin, seconded by Mr. Norris, Council voted, (Ayes: Mr. Huja, Ms.
    Galvin, Ms. Smith, Ms. Szakos, Mr. Norris; Noes: None), to meet in closed session for (1)
    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, (2) Consultation with legal
    counsel regarding specific legal matters involving a proposed “Administrative Order on
    Consent” and “Consent Agreement and Final Order” with the Environmental Protection Agency,
    as authorized by Va. Code sec. 2.2-3711 (A) (7).
    On motion by Ms. Galvin, seconded by Ms. Smith, Council certified by the following
    vote (Ayes: Mr. Huja, Ms. Galvin, Ms. Smith, Ms. Szakos, 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 CHAMBER - June 17, 2013
    CALL TO ORDER
    Council met in regular session on this date with the following members present: Ms. Smith, Ms.
    Galvin, Mr. Huja, Ms. Szakos, Mr. Norris.
    AWARDS/RECOGNITIONS & ANNOUNCEMENTS
    Ms. Smith read a resolution in support of the Clean Air Act.
    Ms. Galvin announced the City outdoor pools are open for the 2013 summer season. Go to
    www.charlottesville.org/parksandrec for more information.
    2
    Mr. Norris announced "An Evening of Jazz" on Saturday, June 29 at the Carver Recreation
    Center. Please go to www.charlottesville.org/parksandrec to register online, or call 970-3053 for
    information on how to register in person.
    On motion by Mr. Norris, seconded by Ms. Szakos, the following appointments were made
    to Boards and Commissions: to the CRHA: Keith Woodard, Julie Jones; to the ACRJA, Roger
    Richardson, Kathy Harris; to the CDBG: Marnie Allen; to the PVCC Board, Rev. Edwards and
    Robert Hodous. (Ayes: Mr. Norris, Ms. Szakos, Mr. Huja, Ms. Galvin; Noes: Ms. Smith).
    Mr. Huja requested to move Adoption of the 2013 Comprehensive Plan to the end of the
    agenda.
    MATTERS BY THE PUBLIC
    Ms. Naomi Roberts, 1140 St. Clair Ave., spoke about Virginia Organizing. She said the
    City should take the $12,000 given to VOP for anti-obesity and redirect it to the Thomas
    Jefferson Health District and give $5,000 to the Virginia Boys & Girls Club. VOP is a political
    organization in disguise. Council should audit VOP to see how they are spending their money
    before allocating more tax dollars to them.
    Mr. Rit Venerus, Earlysville, gave an update on damage to residential homes near the
    airport. He asked Council to pass the resolution on their agenda supporting a directive to halt
    blasting at the airport.
    Mr. John Woodruff, Co-Owner of Beer Run at Meade Ave. and Carlton Rd., asked Council
    to reconsider widening the Meade Ave. multi-use trail. He described the interactions he has had
    with staff and management regarding this issue. He said City Walk trail will not open until June
    2014, and Beer Run has to operate in the meantime. He asked if the project can wait.
    Mr. Joshua Hunt, Co-Owner of Beer Run, said they are concerned about the City Walk
    project. He urged the City not to do irreparable damage to the businesses that depend on the
    parking scheduled for removal once the project commences. He asked for an alternative to
    removing parking.
    Ms. Dawn Woodford, Patton St., thanked Mr. Norris for being a voice for lower income
    and working class residents in Charlottesville and asked Council to continue to make affordable
    housing and affordable rent a priority. She said she does not come to the Downtown Mall
    anymore since the free parking lots have been removed. She asked the City to provide
    information on which stores validate for parking.
    Mr. Al Page, 806 Page St., thanked Mr. Wes Bellamy for running a heroic campaign for
    City Council. He said Black residents have to form a new political party to combat elitism.
    3
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Mr. Huja said the parking issue near Beer Run will be on the Council agenda for July 1.
    Ms. Smith thanked the owners from Beer Run for attending and said we are working to find
    an interim solution. We are looking to create a more vibrant pedestrian corridor, and we value
    the successful businesses in this area. She asked citizens to continue encouraging Council to be
    fair.
    Mr. Norris thanked Ms. Woodford for being a voice for people who do not often attend
    these meetings. He said Council is working to find a way to maintain the same number of
    parking spaces even once City Walk has been opened. There is a misconception about Virginia
    Organizing; they play a helpful role in serving as a fiscal agent for small non-profit
    organizations.
    Ms. Szakos said she did disclose her connection with the Director of VOP, and no one in
    her family gets any benefit from the City’s monetary decisions. She said she is glad the Beer
    Run owners are doing well and believes they will ultimately benefit from this project. The trail
    plan has been in place since before Beer Run existed, and while the success of the business may
    cause temporary growing pains, this project will ultimately benefit the business. She said
    affordable housing is very important. She said Mr. Bellamy's candidacy shows that every vote
    matters.
    Ms. Galvin said it is important to note that of 31,000 registered voters, only 2,500 votes
    were cast on primary day. There is a lot of work to do City-wide to get the vote out. The
    Democratic Party will benefit from this just as much as anyone else. She said she is concerned
    that somehow the Meade Avenue project has not been coordinated, and everyone knew about it
    at some point except the owners. We are going to work and improve on this. We are
    increasingly aware of ensuring adequate employment opportunities in addition to affordable
    housing.
    CONSENT AGENDA
    Ms. Smith asked to defer approval of the June 3 minutes.
    Mr. Huja asked if we are able to require a franchise fee. Mr. Brown said we could charge a
    right-of-way fee, but we have never opted to do so. There are some disadvantages to charging the
    fee, but staff can provide Council with a report on the options. Mr. Huja said he would like a
    report, but he does not wish to pull this item.
    On motion by Ms. Smith, seconded by Ms. Galvin, the consent agenda was approved.
    (Ayes: Ms. Smith, Ms. Galvin, Ms. Szakos, Mr. Norris, Mr. Huja; Noes: None.)
    a. Minutes for May 20, June 3
    b. APPROPRIATION: Contribution from Albemarle County Service Authority for
    4
    Ragged Mountain Project- $765,000 (2nd reading)
    Contribution from Albemarle County Service Authority for Ragged Mountain Project
    c. APPROPRIATION: Domestic Violence Services Coordinator Grant - $44,336
    (carried)
    Domestic Violence Services Coordinator Grant
    d. APPROPRIATION: Virginia Commission of the Arts Challenge Grant - $5,000
    (carried)
    Virginia Commission of the Arts Challenge Grant
    e. RESOLUTION: Acceptance of Donation of Property from KIMCO
    Acceptance of Donation of Property from KIMCO
    f. RESOLUTION: Transfer of Funds for Fontaine Fire Station Capital Project -
    $6,640.59
    Transfer of Funds for Fontaine Fire Station Capital Project
    g. RESOLUTION: Purchase of Land for Greenbelt Trail and Park Land
    Purchase of Land for Greenbelt Trail and Park Land
    h. ORDINANCE: Increases in Certain Parking Fines (2nd reading)
    Increases in Certain Parking Fines
    i. ORDINANCE: Franchise Agreement for Teleconnect Long Distance Services and
    Systems Company (2nd reading)
    Franchise Agreement for Teleconnect Long Distance Services and Systems Company
    j. ORDINANCE: Homeowner Tax Relief Grant - 2013 (2nd reading)
    Homeowner Tax Relief Grant - 2013
    k. ORDINANCE: Amendment to Retirement Ordinance (carried)
    5
    l. RESOLUTION: Charlottesville-Albemarle Regional Airport Runway Extension
    Project
    Charlottesville-Albemarle Regional Airport Runway Extension Project
    PUBLIC HEARING / ORDINANCE: Release of Easements across 301 West Main
    Street (carried)
    Release of Easements across 301 West Main Street
    Mr. Brown presented to Council. Easements must be released because their present
    location conflicts with development of a hotel at 301 W. Main St.
    On motion, the public hearing was opened.
    Mr. Preston Lloyd, Attorney at Williams Mullen for the applicant, said they are happy to
    answer any questions that Council has.
    Having no further speakers, the hearing was closed.
    Ms. Smith asked if any of the lines will be enlarged.
    Mr. Lloyd said the current proposal will route the lines down the current right-of-way
    adjacent to the property. It does not enlarge them to his knowledge.
    Ms. Smith asked if the lines need to be enlarged to serve the hotel. Mr. Tolbert said these
    lines were approved as part of the site plan process and are known to meet the needs of the
    proposed development.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the ordinance carried.
    RESOLUTION: Emmet Street and Hydraulic Road Signal Coordination
    Emmet Street and Hydraulic Road Signal Coordination
    Mr. Tolbert presented to Council. Mayor Huja and City staff were recently invited by
    County officials and staff along with Virginia Department of Transportation (VDOT)
    representatives to attend a presentation conducted by Rhythm Engineering, creators of the
    InSync Adaptive Traffic Signal Technology. The purpose of the meeting was to review the
    benefits of the InSync technology and discuss its potential to benefit travel along the Route
    29/Emmet Street corridor. The City expressed interest in Emmet St. to 29/Hydraulic intersection.
    Mr. Tolbert reviewed the potential benefits of this type of project. Staff is requesting
    funding to synchronize the nine signals at Emmet Street and two signals at the intersection of
    6
    Hillsdale/Hydraulic and Route 250. The $450,000 request is a very rough estimate based on the
    estimates VDOT provided to the County. This would come from the CIP fund.
    Mr. Huja said this is the kind of traffic improvement we want to encourage in our City. He
    requested Council's support. Ms. Szakos agreed and said this is cheaper than building new lanes.
    It is important to remember that the County was able to get state funding because their section is
    a state highway, and ours is not. Also, this is not just about synchronizing signals; this uses
    technology to try to coordinate the lights based on traffic from side streets.
    Mr. Huja asked staff to approach the University to see if they would contribute, because
    this affects some of their intersections as well.
    Ms. Galvin asked why this was a contingency. Mr. Tolbert said this came to us because of
    the County/VDOT coordination. Ms. Szakos said there have been studies that gave us new
    information that this works. Mr. Norris said he also wonders why this project does not have to
    get in line with other CIP requests. He asked how much this would leave in the CIP fund. Mr.
    Watts said staff has determined that the level of the fund remains sufficient to cover what may
    come up during the course of a normal fiscal year.
    Ms. Smith asked if there were alternate funds available to us for this project. Mr. Tolbert
    said the best we could do was to apply for a competitive cost-share program. Ms. Smith asked if
    this allocation would preclude us from doing that. Mr. Tolbert said it would. Ms. Smith asked
    if the County can do their part, and we could add on later. Ms. Szakos said if we do this now, it
    will give us data to apply for a revenue sharing grant to apply this technology along
    Meadowcreek Parkway.
    Ms. Smith said we should not do this piecemeal. Ms. Galvin said we should in fact do this
    now so that it is not a piecemeal project.
    On motion by Ms. Szakos, seconded by Mr. Huja, the resolution was approved. Ms.
    Szakos asked that this include a request for staff to examine future funding opportunities. (Ayes:
    Ms. Galvin, Ms. Szakos, Mr. Huja; Noes: Mr. Norris, Ms. Smith.)
    REPORT: Parking Fines Waiver
    Parking Fines Waiver
    Mr. Watts presented to Council. He said the equipment used records the plate number, and
    it is difficult to determine what type of visitor the vehicle is. It would take three to six months to
    make the necessary changes to equipment and computers to implement a waiver program. He
    outlined different approaches, which include waiving the first time fee for everyone, at an
    estimated cost of $55,000, or enhancing the appeals process to include questioning the offender
    on whether they are a visitor and waive fees depending on the answer, at an estimated cost of
    $20,000). Council should give staff direction on how to proceed so a revised ordinance can be
    drafted to implement the change.
    7
    Mr. Huja said he suggested this to accommodate visitors and was satisfied with the $20,000
    solution. Ms. Szakos said she initially supported this not only for visitors, but for others who
    make a mistake or do not come downtown very often. She said she supported an appeals process,
    but she said we should do not ask whether or not they live here because she does not care. We
    could check whether they have ever had a ticket.
    Ms. Galvin asked if we have anything to help employers identify parking for their
    employees. Mr. Watts said some employers use pre-tax dollars to provide a benefit for their
    employees who have to pay for parking. Mr. Watts said staff could reaffirm this option with the
    Chamber of Commerce.
    Ms. Smith asked for staff to provide Council with a list of parking options for downtown
    employees. Ms. Szakos asked about exploring ride share programs.
    Mr. Norris said he would rather use this money to explore creative ways to provide
    affordable alternate parking for downtown employees, especially low income employees. This
    would better address the root of the problem. Ms. Szakos said this is a great idea but does not
    have to be done instead of the ticket waiver program.
    Mr. Norris said first time tickets should be waived from a certain date forward instead of
    going back to check past records. Ms. Galvin said this may be very expensive for the first year.
    Mr. Huja reiterated that the language on the ticket should be polite and helpful.
    Ms. Galvin reiterated that Council has created a charge for staff to look into a
    comprehensive strategy to creative affordable parking for downtown employees. Mr. Watts said
    staff will prepare a memo detailing existing strategies.
    Ms. Szakos said we should not waive tickets for everyone going forward. Council agreed
    that the appeals process would only be applicable if you have never received a ticket previously.
    REPORT: Impact of Affordable Healthcare Act
    Impact of Affordable Healthcare Act
    Mr. Beck presented to Council. The City is in compliance with all current requirements
    and is positioned to comply with remaining known requirements as they become effective.
    Ms. Smith asked what the changes to women's coverage were. Mr. Beck said they were
    mostly on the preventative side.
    Council thanked Mr. Beck for his report and supported staff’s plan for moving forward.
    8
    RESOLUTION: Adoption of the 2013 Comprehensive Plan
    Adoption of the 2013 Comprehensive Plan
    Comprehensive Plan (addendum)
    Mr. Huja said the Planning Commission and neighborhoods have had a number of
    discussions about this. There were many changes received from Ms. Smith, most of which staff
    believes are reasonable.
    Ms. Szakos said the comments Ms. Smith made were very comprehensive and change a lot
    of the plan. The rest of Council saw this as an update of the plan, not a reworking of the plan.
    She said if we are going to make this an entirely new plan, we need to start over. Ms. Smith said
    it took her by surprise that this was on the last Council agenda for adoption when Council had
    not yet gotten a chance to discuss it. She said she never intended her suggestions to be reviewed
    and incorporated at the level they were.
    Ms. Galvin said she does not mind going point by point through Ms. Smith's
    recommendations and discussing why items are appropriate or not.
    Mr. Huja said there has been a lot of community input. Ms. Smith said these were great
    meetings, but they did not look at the draft plan on the whole. She said the document should be
    linked to strengthen it.
    Ms. Galvin said staff did an excellent job of incorporating the large amount of public
    comment and the different organizational bodies that were involved.
    Ms. Smith said we are missing the last piece of allowing the community to hear Council
    discussion on the final draft plan. She requested a work session for this purpose.
    Mr. Norris asked Ms. Smith to share her original email with Council.
    Ms. Szakos asked Ms. Keller if the Planning Commission would be willing to participate in
    a work session. Ms. Keller said they would.
    Mr. Huja said Council will hold a work session regarding the Comprehensive Plan and
    invite Planning Commissioners to attend. This work session will take place on August 1.
    Council will come to some conclusions and adopt the plan at the following Council meeting.
    Mr. Norris said he would not be able to attend, but he is comfortable with Council
    proceeding.
    Mr. Watts asked Council to send their comments to Ms. Creasy so they can be coordinated
    in preparation for the August 1 work session.
    9
    MATTERS BY THE PUBLIC
    Ms. Naomi Roberts, 1140 St. Clair Ave., said some of the projects going on now in the
    City are not hiring Caucasians and Blacks, but only Hispanics. She asked if Council could
    require developers to hire local Black and White workers as well as Hispanics.
    Ms. Shymorea Cooper, 713 6th Street SE, said the CRHA is at its all-time worst because of
    poor living conditions and rude, incompetent staff. There are resident commissioners who have
    not shown up to several meetings but still receive stipends.
    Ms. Deirdre Gilmore, 613 Hinton Ave., said she agreed with Ms. Cooper's statements.
    Nothing is done when residents complain, and something must change. She thanked Mr. Norris
    for his support of the lower-wealth and working poor communities. Black citizens have trouble
    getting jobs, and this is why they go back to their old ways. She said the Housing Authority
    application was changed to be twelve pages long, making it impossible for some of the residents
    to complete an application and be competitive.
    COUNCIL RESPONSE
    Ms. Szakos asked our attorney if we can explore options for encouraging our contractors to
    give preference to local workers of all races. Ms. Galvin seconded this sentiment. Mr. Brown
    said he will look at this, but there are legal restrictions to what we can dictate to the private
    sector. Ms. Galvin said we should also explore incentives.
    Mr. Norris said we need to explore how to grow jobs and provide access to climbing the
    economic ladder, particularly in the skilled trades jobs.
    Meeting adjourned.
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    1
    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Monday, July 1, 2013, 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 1, 2013
    Council met in special session on this date with the following members present:
    Mr. Huja, Ms. Smith, Ms. Galvin, Ms. Szakos, Mr. Norris.
    On motion by Ms. Smith, seconded by Ms. Szakos, Council voted, (Ayes: Mr. Huja, Ms.
    Galvin, Ms. Smith, Ms. Szakos, Mr. Norris; Noes: None), to meet in closed session for (1)
    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, (2) Discussion and
    consideration of the costs of two acquisitions of real property for public park purposes located
    (a) in the City and Albemarle County to the southwest of Quarry Park, and (b) in the City and
    Albemarle County near Azalea Park and Eton Road and Old Lynchburg Road, where discussion
    in an open meeting would adversely affect the City’s bargaining position, 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, Ms. Galvin, Ms. Smith, Ms. Szakos, 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 – July 1, 2013
    CALL TO ORDER
    Council met in regular session on this date with the following members present: Ms.
    Smith, Ms. Galvin, Mr. Huja, Ms. Szakos, Mr. Norris.
    AWARDS/RECOGNITIONS & ANNOUNCEMENTS
    Ms. Galvin read a proclamation recognizing July as Parks and Recreation month. Mr. Daly
    was present to accept the proclamation on behalf of the City's Parks and Recreation Department
    and thanked Council and staff for their continued support.
    2
    Mr. Huja said he supported a Peace Resolution as part of the US Conference of Mayors.
    Ms. Smith announced "The Great Carver Camp-In" on Saturday, July 20 at 8:00 p.m. Call
    970-3053 or visit charlottesville.org/parksandrec for more information.
    Ms. Szakos announced City offices will be closed July 4. CAT will be operating on a
    Sunday travel schedule, and the trash collection schedule will be adjusted by one day.
    On motion by Mr. Norris, the following appointments were made to Boards and
    Commissions: to the CACVB, Yolanda Armstrong; to the Retirement Commission, Krisy
    Hammill. (Ayes: Ms. Szakos, Ms. Galvin, Mr. Norris, Ms. Smith, Mr. Huja; Noes: None.)
    MATTERS BY THE PUBLIC
    Ms. Lena Seville, 808 Altavista Ave., said she was speaking about changes to the transit
    system as a member of the Transit Riders Association of Charlottesville (TRAC). Public input is
    needed before changes come before Council. She asked where the rest of the driver hours are
    going once one a bus per hour is removed. Route 8 should be run more frequently.
    Ms. Nancy Carpenter, 727 Denali Way, spoke in support of the new schedule
    recommendations for Route 11. Moving people to work, education, and retail opportunities
    should be a priority. She asked Council to review CAT policy regarding passenger conduct
    prohibiting consecutive loop riding because it carries unintended consequences and marginalizes
    the homeless population. There should be flexibility in this policy, especially during extreme
    weather conditions.
    Ms. Latasha Jackson said she left for two months but is back and is homeless. She said she
    needs help getting her children back.
    Ms. Colette Hall, 101 Robertson Ln., said item f should be removed from the consent
    agenda regarding landscape configuration for McIntire Road Extended. She said members of the
    North Downtown Neighborhood Association were not properly consulted on this matter.
    Mr. Peter Kleeman, 407 Hedge St., said he has visited many overseas cities that are
    pedestrian and bicycle-friendly, transit-friendly communities. Items 3 and 4 on the agenda should
    be an opportunity to add funds to the sidewalk fund or get developers to participate in sidewalk
    building and create a partnership.
    Mr. Adam Lees said there has been harassment by the towing and wrecking companies,
    especially on the Corner and in the downtown area, including blaring loud music at night. He
    said he supports the new CAT Route 11 but does not think Council should approve Route 7
    without public consultation. There are no stretches along JPA where Route 7 lets off that are
    accessible for the elderly and disabled. The sidewalk waiver request should be rejected because
    to piecemeal build sidewalk systems is even more frustrating than no sidewalks at all and can be
    even more dangerous, especially for bike riders.
    3
    Ms. Yolanda Armstrong thanked Council for appointing her to the CACVB. We have a lot
    of opportunity for growth, and she said she is excited to grow existing festivals and look for new
    opportunities for the City.
    Ms. Helen Cauthen, with the organization formerly known as the Thomas Jefferson
    Partnership, announced their official name change. They will now be called the Central Virginia
    Partnership for Economic Development.
    Ms. Dawn Woodford said she could not get anyone to come speak to Council because her
    neighbors did not think there was a point. She said people need to come first when Council
    spends money.
    Mr. Mark Kavit, 400 Altamont St., said he echoed Ms. Hall's remarks about inadequate
    notification regarding the landscaping lectures. He asked Council to look towards Birdwood
    from where the skate park used to be. The area of disturbance was supposed to be 3-5 feet from
    the sidewalks. The marker has since disappeared, and the construction is moving further into the
    Birdwood area than was originally intended.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Ms. Szakos said she was interested to hear Ms. Carpenter and Ms. Seville's ideas about the
    bus service and asked her to wait for the report. She encouraged Ms. Jackson to come talk to her.
    She asked for information about the committee that was supposed to meet regarding the
    landscaping. She said Mr. Kleeman was accurate in saying that we do not measure up to
    international cities from a pedestrian/bike-friendly standpoint, and we should not rest on our
    laurels. She thanked Mr. Lees for speaking about the tow truck issues and asked if we could
    speak to the towing board about blasting loud music from their trucks at night. Ms. Woodford is
    right that people need to come first, and she encouraged people to come speak to Council, or call
    or write. She asked where the line for the McIntire construction was and if there has been a
    change.
    Ms. Galvin thanked Ms. Seville for her comments and said we need to be sure we are
    engaging the public. She said we will pull item f to talk about landscaping. She said we had a
    complete streets resolution in 2010, and we adopted the ITE Manual for designing urban
    thoroughfares. We have aspirational language but not the instrumental policy documents needed
    to implement a complete streets plan. She thanked Ms. Cauthen for her statement and said both
    economic development and workforce development are important.
    Ms. Smith thanked speakers for addressing the CAT route changes. She said the changes at
    McIntire are disturbing, and she is looking forward to getting answers. She thanked Ms. Cauthen
    for the information.
    4
    Mr. Norris said we need to think about the kinds of jobs we need to grow, attract and retain
    in our community. Very few jobs in the target industries outlined by the TJP report will help our
    low income residents climb the economic ladder.
    Mr. Huja asked staff to look into the possibility of working with money for rehabilitation
    and new construction for completing sidewalks where it makes sense to do so. The City has done
    a fair amount for the homeless, and we can do more. He seconded Mr. Norris and Ms. Galvin's
    comments about jobs. Charity should begin at home, not outside.
    Ms. Smith reminded the public that Council will have a work session on the
    Comprehensive Plan on August 1.
    CONSENT AGENDA* (Items removed from the consent agenda will be
    considered at the end of the regular agenda.)
    Mr. Huja pulled item f and placed it at the end of the agenda.
    Ms. Szakos asked about the West Main St. Density Zoning Ordinance. She confirmed that
    this ordinance requires that buildings have to have some business located within. Mr. Tolbert
    confirmed that this was a glitch we were addressing and did not change anything substantial. In
    response to a question from Ms. Smith, Mr. Tolbert clarified that nothing on the first floor can be
    residential if it is mixed use. This applies to street front only.
    Ms. Szakos asked about the STAB Bond. She urged St. Anne’s to hire local workers to do
    the construction work as much as possible and to talk to our Section 3 coordinator to find people
    who are trained. Mr. Jones said staff will develop a letter for the Mayor’s signature.
    In response to a question on item d from Ms. Smith, Mr. Tolbert said we have appropriated
    $200,000 of the $500,000 this year. We are appropriating pieces as we get the match money in
    order to implement the City’s five-year sidewalk plan.
    Ms. Smith asked about permit parking and asked for a map of where all the permit parking
    is located. She asked if the map is ever revisited as to whether it is still appropriate. Mr. Tolbert
    said he would provide the map to Council of the zoned and permit parking streets. There is a
    process to request reconsideration of parking zones if a citizen feels it is necessary.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the consent agenda was passed
    unanimously. (Ayes: Ms. Szakos, Ms. Galvin, Mr. Norris, Ms. Smith, Mr. Huja; Noes: None.)
    a. Minutes for June 3, June 17
    Mins_Jun3
    Mins_Jun17
    b. APPROPRIATION: Domestic Violence Services Coordinator Grant - $44,336 (2nd
    reading)
    5
    Domestic Violence Services Coordinator Grant
    c. APPROPRIATION: Virginia Commission of the Arts Challenge Grant - $5,000
    (2nd reading)
    Virginia Commission of the Arts Challenge Grant
    d. APPROPRIATION: Sidewalk Construction Funds - Appropriate $50,000 from
    State Revenue Sharing & Transfer $50,000 within Capital Improvement Program
    (carried)
    Sidewalk Construction Funds
    e. APPROPRIATION: Revenue Sharing Program for Bridge Rehabilitation -
    $155,000 (carried)
    Revenue Sharing Program for Bridge Rehabilitation
    f. APPROPRIATION: Landscaping, Public Lecture Series and Final Intersection
    Configuration for McIntire pulled for discussion
    g. APPROPRIATION: Tonsler Park Basketball Lighting Replacement Grant -
    $100,000 (carried)
    Tonsler Park Basketball Lighting Replacement Grant
    h. RESOLUTION: EPA Agreement
    EPA Agreement
    i. RESOLUTION: Authorizing Issuance of a Revenue Bond on Behalf of St. Anne's
    Belfield School
    Authorizing Issuance of a Revenue Bond on Behalf of St. Anne's Belfield School
    j. RESOLUTION: Permit Parking on 7th Street SW
    Permit Parking on 7th Street SW
    k. ORDINANCE:
    Amendment to Retirement Ordinance (2nd of 2 readings)
    Amendment to Retirement Ordinance
    6
    l. ORDINANCE:
    Release of Easements across 301 West Main Street (2nd of 2 readings)
    Release of Easements across 301 West Main Street
    m. ORDINANCE: West Main Street Density Zoning Ordinance (carried)
    West Main Street Density Zoning Ordinance
    REPORT* CAT Update: Routes 11 & 7
    CAT Update: Routes 11 & 7
    Mr. John Jones, CAT Transit Manager, presented to Council on recommendations from
    their recent transit study with Nelson Nygaard. He reviewed current issues with Route 7,
    including timely performance and buses stacking. The solution is to realign the route from
    University Ave. to Jefferson Park Ave., increase headway from 45 minutes to 50 minutes, and
    maintain current service hours. Another potential issues is that Route 7 will no longer service
    the Corner, but the trolley will still do so. A portion of University Avenue will not be serviced
    (three tenths of a mile). This will result in the benefits of better on-time performance and
    increased reliability. About 47% of the annual ridership is on this route.
    The Route 11 proposed new service will provide direct services from downtown to the
    Fashion Square Mall, with 30 minute headways, and will institute service to CATEC. The
    Nelson/Nygaard proposal is 6:10 a.m. – 6:40 p.m. Monday through Friday; staff’s
    recommendation is to extend the hours to 9:40 p.m., and running Saturday service 6:10 a.m. –
    6:40 p.m., with no Sunday service. The extra cost would be paid for by the efficiencies we gain
    in the modified Route 7 plan. Also, Albemarle County has offered to partner with the City and
    pay 46% of the cost of this route. CAT passengers will have access to a larger service area, and
    travel time will decrease by 20 minutes for those traveling between the Downtown Mall and
    Fashion Square Mall. He reviewed a cost breakdown for the Route 11 changes.
    Ms. Szakos asked if Mr. Jones was worried the reduction in the number of Route 7 buses
    from 4 to 3 will be an issue. Mr. Jones said this will be taken up by the new Route 11, which
    will be marketed as an easier straight shot between the Downtown Mall and Fashion Square. He
    outlined public marketing initiatives. Ms. Szakos asked about running buses per hour. Mr.
    Jones said staff will discuss this with the County after they have more statistical information.
    Mr. Norris asked about Route 11 service to the new Senior Center. Mr. Jones said we
    believe it can be tweaked to accommodate patrons once the center opens. Mr. Norris asked how
    CAT Service can accommodate McIntire Park with the new amenities. Mr. Jones said most of
    these proposals focus around the present but lend themselves to expansion later. Staff is taking a
    conservative approach and holding off on further changes until these future developments
    actually take place.
    7
    Ms. Smith asked if CATEC has classes on Saturdays and whether the route should be
    adjusted if not. She said Albemarle County may be getting service disproportional to what they
    agreed to pay for. She asked if we can make a faster route if we are not making as many
    Albemarle County stops. This could be a way to encourage the County to put in their fair share.
    Ms. Galvin asked why staff is seeking approval on these routes ahead of the public input
    process occurring this month. Mr. Jones said Route 11 was widely accepted as one of the
    options, and it is a small change that staff felt comfortable moving forward. There is more work
    to be done on the rest of the study.
    Mr. Huja said he supported the revised routes as presented.
    Mr. Norris said he is concerned about the loss of service on University Ave. and asked staff
    to keep a close look and make sure the residents are not negatively impacted along those routes.
    Ms. Galvin thanked Mr. Jones and his staff for "ground-truthing" the Nelson/Nygaard
    studies and for the extra effort on the CATEC Route.
    On motion by Ms. Smith, seconded by Ms. Szakos, the recommended routes were
    approved. (Ayes: Ms. Szakos, Ms. Galvin, Mr. Norris, Ms. Smith, Mr. Huja; Noes: None.)
    RESOLUTION* Sidewalk Waiver Request: 812 Druid Ave.
    Sidewalk Waiver Request: 812 Druid Ave.
    Mr. Haluska presented to Council. The waiver request has been reviewed by staff, and the
    recommendation is based solely on engineering analysis. The right-of-way at this property
    extends beyond the edge of the pavement for some distance, so there would be flexibility on
    where the sidewalk is located if required. Staff recommends Council deny the request, but
    Council does have broad authority in this matter.
    Ms. Smith asked if the new law about putting money into the sidewalk fund applies in this
    case. Mr. Haluska said it does not. Mr. Brown explained that the enabling legislation authorized
    us to amend our subdivision ordinance but is not applicable if property is not located in a
    subdivision. Mr. Norris and Ms. Galvin asked for staf to try to revise this legislation again next
    year.
    Ms. Smith asked if this area is on our priority list. Mr. Haluska said he is not aware
    whether this is on our priority list and reviewed some additional considerations. She said she is
    frustrated by the rule but she thinks Council should be consistent and deny the waiver.
    Ms. Szakos said she regrets the status of this is not known in context of the sidewalk plan.
    Mr. Tolbert gave a brief overview of smaller projects in the area.
    8
    Ms. Galvin said we are shooting in the dark just because we can, and we do not even know
    whether this will be well-done or not.
    Mr. Norris said if you have a commitment in writing from the owners that they would be
    willing to contribute to the fund, he would accept the offer.
    Ms. Smith moved to deny the request for a waiver. The motion died for lack of a second.
    Mr. Norris moved to approve the waiver request. Mr. Huja seconded the motion. He said
    his second implies graceful acceptance of the offered donation. Ms. Smith said she will not vote
    for this because it contradicts what we have done in the past, and we should be consistent. (Ayes:
    Ms. Szakos, Ms. Galvin, Mr. Norris, Mr. Huja; Noes: Ms. Smith.)
    RESOLUTION* Sidewalk Waiver Request: 1517 E. Market St.
    Sidewalk Waiver Request: 1517 E. Market St.
    Mr. Haluska said this piece of property starts on a corner. He confirmed for Mr. Huja that
    the owners also offered a contribution to the sidewalk fund.
    At Ms. Smith's request, Mr. Haluska reviewed the hindrances to a sidewalk, including a
    possible requirement to remove a dogwood tree. Ms. Smith said Market St. is not a minor street,
    and she thinks it is a shame not to have a safer way of walking along that street. However, she
    said a sidewalk here would do more harm than good done because of the obstacles.
    Mr. Huja said Council could waive 18th Street but not Market Street.
    Ms. Galvin said public response indicates that they object to the destruction of the character
    of this area. A small area plan will address this, and we should wait for the plan.
    On motion by Ms. Smith, seconded by Ms. Szakos, the waiver was approved. Mr. Huja
    said he supports the waiver with the understanding that the gift is welcome. (Ayes: Ms. Szakos,
    Ms. Galvin, Mr. Norris, Ms. Smith, Mr. Huja; Noes: None.)
    REPORT: Update on City Development
    Mr. Tolbert presented to Council. He reviewed significant development projects currently
    underway. Ms. Smith asked for a readable copy of the pages with numbers. Mr. Tolbert will
    send this to Council.
    Ms. Galvin said there is a lot going on, and she wanted to review the building projects and
    use them as a way to discuss whether the projects we are approving are really creating the kind
    of environment we are striving for in our Comprehensive Plan. She said we should evaluate these
    on a qualitative and quantitative level. She said we need this report on an annual basis. The
    building on Wertland looks fine from one angle, but it is a towering wave and dwarfing a historic
    neighborhood from Page Street. The codes are not giving us what we want.
    9
    Mr. Huja said it would be helpful to have continuity between reports, as Ms. Galvin
    recommended, so we can make fair comparisons. Ms. Galvin said it is also important to
    articulate where funding for things such as schools is coming from in regards to development
    projects.
    Ms. Smith asked if any of these projects are fulfilling the goal of providing housing for
    families. Mr. Tolbert said the town homes will be targeting single families. Ms. Smith said we
    should keep track of the distribution of the type of housing we are providing.
    APPROPRIATION: Landscaping, Public Lecture Series and Final Intersection
    Configuration for McIntire (carried)
    Landscaping, Public Lecture Series and Final Intersection Configuration for McIntire Road
    Ms. Janiczek and Mr. Tolbert presented to Council. Ms. Janiczek gave an overview of the
    funding being requested. Mr. Tolbert said this is part of the contract that was approved.
    Ms. Szakos asked if the neighbors were a part of this planning. Mr. Tolbert said they were
    part of the MOA, but there was not a further commitment for their participation. Mr. Tolbert
    said we will notify specific groups in the future; this was advertised generally.
    Ms. Smith asked for an explanation of the sidewalk line near Birdwood. Ms. Janiczek said
    no trees have been removed regarding the Interchange Project. However, Dominion Power did
    remove some trees for utility reasons, and they have attempted to mitigate those tree removals.
    Mr. Tolbert said there is a substantial landscaping plan that will occur during the course of this
    project.
    Ms. Galvin asked for a complete picture of all landscaping plans. Mr. Tolbert said we have
    a rendering that shows the landscaping for the interchange project, and we will supplement this
    plan with more as the plan progresses.
    On motion by Ms. Szakos, seconded by Ms. Smith, the ordinance carried for a second
    reading.
    OTHER BUSINESS
    Mr. Norris said we received a letter from the Rutherford Institute regarding the April
    incident involving ABC agents. He asked Mr. Brown for an explanation of our options.
    Mr. Jones described the incident in April and said staff has been responding to concerns
    and explaining that the City Police Department was not involved with this operation. He said
    staff needs time to formulate a thorough and thoughtful response.
    10
    Ms. Szakos said on its face, this incident does seem to be problematic, and if this does turn
    out to be the full story, she supports Council issuing statement.
    Mr. Norris said there needs to be coordination between the City police and ABC sting
    operations. He said he wants to know what our options are.
    OTHER BUSINESS
    Ms. Galvin said the West Main plaza area is becoming a highly compromised pedestrian
    environment, and she asked staff to look into better coordinating connectivity in the face of
    construction that is obstructing the walkways.
    MATTERS BY THE PUBLIC
    Ms. Holly Edwards, 917 6th Street SE, said the recent Democratic primary shows that
    having the approval of a current Councilor can be both a blessing and a detraction. She said
    perhaps the lesson learned is that City Councilors should not endorse candidates, and the African
    American community should endorse their own. The African American community should see
    this as a call to action. Please study disproportionate minority contact of youth, specifically
    African American children placed in foster care, to determine evidenced-based solutions.
    Mr. Mark Kavit, 400 Altamont St., said the landscaping plan provided to him by staff
    member Angela Tucker shows everything done by the sidewalk, but if it is not in the plan it does
    not really exist. A property landscape plan should indicate exactly where everything is going
    and should not be left to the imagination. He asked for clarification from staff on some mapping
    elements. Council recommended Mr. Kavit meet privately with staff.
    Ms. Carpenter said she is grateful there will be a dialogue about the recent incident at
    Barracks Road. Sensitivity training is needed for the ABC agents.
    COUNCIL RESPONSE
    Ms. Galvin said she can unequivocally say she did not endorse any candidate and would
    not endorse any candidate because she does not believe in doing so. She did express regret that
    an African American candidate was not nominated.
    Ms. Szakos said she did not endorse Mr. Bellamy publicly, but she did vote for him and did
    support him. She said we need to talk about turnout and voter participation.
    Meeting adjourned.
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    1
    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Monday, July 15, 2013, 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 15, 2013
    Council met in special session on this date with the following members present:
    Mr. Huja, Ms. Smith, Ms. Galvin, Ms. Szakos, Mr. Norris.
    On motion by Ms. Smith, seconded by Ms. Szakos, Council voted, (Ayes: Mr. Huja, Ms.
    Galvin, Ms. Smith, Ms. Szakos, Mr. Norris; Noes: None), to meet in closed session for (1)
    discussion and consideration of prospective candidates for appointment to City boards and
    commissions, and (2) a performance review of the City Manager, 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, Ms. Galvin, Ms. Smith, Ms. Szakos, 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 – July 15, 2013
    CALL TO ORDER
    Council met in regular session on this date with the following members present: Ms.
    Smith, Ms. Galvin, Mr. Huja, Ms. Szakos, Mr. Norris.
    AWARDS/RECOGNITIONS & ANNOUNCEMENTS
    Ms. Smith welcomed the Charlottesville Fire Department Youth Mentor Program. Mr.
    Cam’ron Douglas introduced himself to Council and thanked the Charlottesville Fire Department
    and Principal Johnson of Buford Middle School for hosting the program.
    Ms. Galvin recognized the Computers4Kids program for their youth entrepreneur summer
    program and their participants.
    2
    Mr. Huja announced the first Council meeting in August has been cancelled.
    Ms. Smith recognized Mr. Alex Zan and his "Yo Let It Go" campaign, which encourages
    community members to avoid confrontations. He thanked City staff and members of the
    community for their support. He announced the "All People Matter" think shop on Thursday,
    July 18. Contact Mr. Zan at 804-321-3636 if you want a "Yo Let It Go" poster in your business.
    Ms. Smith announced the Racial Disparities in the Juvenile Justice System forums during
    the month of July.
    Ms. Smith announced the Freedom Read-a-thon at the Jefferson School City Center in
    honor of Nelson Mandela, starting at 10:00 a.m. this Thursday.
    Ms. Szakos wished a happy Ramadan to the Muslim community. Also, she was invited to
    the White House to be recognized for Charlottesville's healthy campaign initiatives. The City
    Market Work Session is Thursday, July 18 from 6-8pm to discuss proposals for the long-term
    plans for the City Market. The Taste of Ghana is next Thursday at Burley Middle School. Also,
    Ladies' Night is on Friday, July 26 as part of the African American festival, and the day-long
    festival will take place the following Saturday at Washington Park.
    Ms. Szakos said July 18 is Nelson Mandela's birthday. In addition to the Read-a-thon, Mr.
    Mandela has asked people to consciously do one thing that makes the world a better place.
    Ms. Szakos invited Rev. Bates to announce the Back to School Event on August 17 at the
    nTelos Wireless Pavilion.
    Mr. Norris announced Westhaven Community Day on Saturday, August 3. Also, Belmont
    in the Park takes place Saturday July 20 from 4-8pm. Call 970-3503 for more information.
    Ms. Galvin announced the Community Meeting and Dinner this Wednesday regarding the
    Strategic Investment Area at the Jefferson School City Center. Call 249-8294 if you need
    transportation to the meeting. Also, the City will have two cooling centers open this week at the
    Herman Key Center and Tonsler Park.
    On motion by Mr. Norris, seconded by Ms. Smith, the following appointments were made
    to Boards and Commissions: to the CRHA, Latita Talbert; to the Sister City Commission, Anne
    Evans. (Ayes: Mr. Norris, Ms. Smith, Ms. Szakos, Ms. Galvin, Mr. Huja; Noes: None.)
    Mr. Huja announced item three on the regular agenda regarding school funding has been
    withdrawn for consideration.
    MATTERS BY THE PUBLIC
    Mr. Paul Long, 1410 Grady Ave., said he read recent coverage in the Daily Progress
    regarding the Yellow Cab Company’s exclusive rights to the Amtrak station. This is a private
    business, and this should not be permitted. A similar agreement has been with the Airport, and
    3
    he objected because it is a joint operation of the City and County, which is unfair. Also when it
    snows, Yellow Cab doubles its fares, which is discriminatory against people who do not have
    their own means of transportation. It is unfair for cab companies to have monopolies;
    Charlottesville needs a regulatory entity to regulate taxi cab services. Council should intervene.
    Mr. Joshua Hunt, co-owner at Beer Run, thanked Council for their receptiveness to their
    concerns about the Meade Avenue Trail Project. The businesses in this shopping center depend
    on parking for their livelihood. He thanked VDOT for agreeing to delay construction until the
    spring.
    Mr. John Woodriff, co-owner at Beer Run, thanked staff for their time on the Woolen Mills
    Shopping Center parking situation. He said construction of the trail on the west side of Meade
    Avenue would have allowed a greater number of parking spaces to remain on the east side of the
    street.
    Ms. Nancy Carpenter, 727 Denali Way, said make sure Sen. Kaine and Sen. Warner know
    how important the low income housing tax credit is. This is a pivotal resource for affordable
    housing.
    Ms. Iona Bryant and Mr. Tamaurice Washington, said they rallied in support of Trayvon
    Martin. They said they disagreed with the verdict and believe justice was not served.
    Ms. Colette Hall, 101 Robertson Ln., said City schools have faced shortfalls too often in
    the past two years. She said the school's superintendent is paid an excessive salary, and the
    schools should not vote an increase in pay when Title I funding is in jeopardy.
    Mr. Brandon Collins, Fairway Ave., speaking on behalf of PHAR, said they received an
    award from the Wayside Center in Nelson County with the annual People's History Award. He
    said public housing resident's voices have been marginalized in the past, but they make positive
    impacts on the community, and he is proud of this award. He encouraged participation in the
    Racial Disparity forums in the coming weeks.
    Ms. Dawn Woodford, City resident, said the City is very concerned with planting new
    trees, but her neighborhood in the Fifeville area is engulfed with kudzu. This destroys trees that
    are planted within three years. She asked the City to do something to curb the growth of the
    kudzu.
    Mr. Tracey Saxon, local hip hop artist and resident of Charlottesville, said the kids who
    held the rally in support of Trayvon are very courageous. The racial profiling that goes on
    nationwide needs to stop, and it is also a problem here in Charlottesville.
    Ms. Joy Johnson, 802 Hardy Dr., said the Trayvon Martin case shows that discrimination is
    still rampant. She said there is discrimination in hiring practices as well. Westhaven
    Community Day is August 3 from 10am-1pm, with free sports physicals, horseback riding,
    dunking booths, and more activities.
    4
    Mr. Melvin Grady, Hartman's Mill Rd., said the not guilty verdict in the Trayvon Martin
    case scared him greatly because it says that anyone can be attacked without provocation, and this
    is a dangerous message.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Ms. Szakos said she was at the vigil the youth organized yesterday. She was surprised by
    the verdict in the Trayvon case. She said apparently it is legal in the state of Florida for someone
    to kill a young man who was just walking by. We need to reexamine the laws of our country. A
    damaging message has been sent to the youth of the African American community, and we need
    to take whatever measures we can to reform laws and ensure this does not happen again.
    Mr. Norris commended PHAR for their well-deserved award. He said he supports
    communicating our support for the low income housing funding to our Senators. Mr. Huja said
    he will issue a letter.
    Ms. Smith thanked Mr. Long for speaking on the issue of regulating the taxi companies and
    asked about the legality of doing so. Mr. Brown said we have an ordinance that does provide
    some oversight in the permitting of taxi cab companies, and we will examine what more we can
    do. She thanked the staff for their hard work on the Meade Avenue Trail. She said she is
    concerned about invasive kudzu as well. This has been a tough summer because of the rain we
    have been getting. She said Parks and Recreation is taking this issue seriously. Mr. Huja asked
    staff to report back on this matter.
    Ms. Galvin said the Trayvon Martin situation is a tragic one, and she shared quotes about
    the incident. Charlottesville can make sure its systems are fair and every neighborhood is
    healthy, beautiful, and open to all.
    CONSENT AGENDA* (Items removed from the consent agenda will be
    considered at the end of the regular agenda.)
    a. Minutes for July 1
    b. APPROPRIATION: Sidewalk Construction Funds - Appropriate $50,000 from
    State Revenue Sharing & Transfer $50,000 within Capital Improvement Program
    (2nd reading)
    c. APPROPRIATION: Revenue Sharing Program for Bridge Rehabilitation -
    $155,000 (2nd reading)
    d. APPROPRIATION: Landscaping, Public Lecture Series and Final Intersection
    Configuration for McIntire Road Extended - Virginia Department of
    Transportation Funds - $100,030 (2nd reading)
    5
    e. APPROPRIATION: Tonsler Park Basketball Lighting Replacement Grant -
    $100,000 (2nd reading)
    f. APPROPRIATION: Virginia Department of Criminal Justice Services for the City
    of Promise - $97,500 (carried)
    g. RESOLUTION: Allocation of $309,221.41 in Charlottesville Housing Fund Dollars
    for HOME Matching Funds, AHIP Initiatives, and Paint Program
    h. RESOLUTION: Jefferson School Amendment to Comprehensive Signage Plan at
    233 4th Street NW
    i. ORDINANCE: West Main Street Density Zoning Ordinance (2nd reading)
    j. ORDINANCE: Franchise Agreement with Sprint (carried)
    k. ORDINANCE: Permit Parking Zone Ordinance Update (carried)
    On motion by Ms. Szakos, seconded by Ms. Galvin, the consent agenda was approved.
    (Ayes: Mr. Norris, Ms. Smith, Ms. Szakos, Ms. Galvin, Mr. Huja; Noes: None.)
    PUBLIC HEARING / ORDINANCE: Street Closing - Parker Place (Unaccepted)
    (carried)
    Street Closing - Parker Place
    Mr. Brown presented to Council. Staff's recommendation is to close the platted cul-de-sac
    on the west side of Parker Place.
    Ms. Smith asked who owned that area. Mr. Brown said it is currently a right-of-way
    property.
    On motion by Mr. Huja, the public hearing was opened. Having no speakers, the public
    hearing was closed.
    Ms. Szakos moved the ordinance; Ms. Smith seconded. The ordinance carried for a second
    reading.
    6
    REPORT: Meade Avenue Trail Project
    Meade Avenue Trail Project
    Mr. Tolbert presented to Council. He reviewed the history of the City Walk project and
    gave an overview of current hurdles, including impact on businesses along Meade Avenue. He
    reviewed the three options staff has explored. He reviewed staff recommendations.
    Ms. Galvin asked how much the grant was over-bid. She asked why Water Street extended
    was not already designed with parking on it. Mr. Tolbert said the developer has more
    information, but it was not a requirement for the project.
    Ms. Galvin asked about tracking numbers. She asked if the new trail will extend to
    Chesapeake. Mr. Engel said it will.
    Mr. Norris asked how many parking spaces were lost with the construction of City Walk.
    He said the added 17 spaces on City Walk are not really new; they are simply replacing spaces
    that have been lost, including the illegal spaces. Ms. Smith said exploring bus services provides
    a logical link to get down there.
    Mr. Huja asked if it is possible to make the illegal parking spaces legal. Mr. Tolbert said
    that is not a possibility because this is a travel lane.
    Council voiced their support for the direction of the project.
    RESOLUTION: Section 3 Policy Update
    Section 3 Policy Update
    Ms. Tierra Howard presented to Council.
    Mr. Norris said he agreed with the expansion of the program. He asked if there are ways to
    do more with government funds and private sector projects. He said staff should keep this as
    part of their thinking and planning.
    Ms. Szakos said she hopes this will not limit the number of developers who are willing to
    add significant affordable housing to their projects to utilize this fund. The benefits hopefully
    outweigh this possible downside, but she asked staff to keep an eye out for this.
    Ms. Smith asked for a scenario of how this would work. Ms. Howard gave an example of
    when this policy would be in effect.
    Ms. Galvin said this is not just about nonprofits and confirmed this would still apply to forprofit
    firms.
    7
    On motion by Ms. Szakos, seconded by Mr. Norris, the resolution was approved. (Ayes:
    Mr. Norris, Ms. Smith, Ms. Szakos, Ms. Galvin, Mr. Huja; Noes: None.)
    RESOLUTION: Housing Rehabilitation Loan to Value Policy
    Ms. McHugh presented to Council on a policy regarding underwriting criteria for our
    housing rehabilitation program. She described current policies and practices.
    Mr. Norris said there were written comments submitted to AHIP, but they were not
    received by Council. He asked if this would only apply to projects going forward. Ms. McHugh
    confirmed that this would only apply to new funding.
    Mr. Norris asked if this proposal runs the risk of excluding residents who are not in
    immediate danger of health risks. Ms. Szakos said their homes still have value, so this would not
    exclude them.
    On motion by Ms. Smith, seconded by Ms. Szakos, the resolution passed. (Ayes: Ms.
    Smith, Ms. Szakos, Ms. Galvin, Mr. Huja; Noes: Mr. Norris.)
    NEW BUSINESS
    Mr. Huja announced that the City Manager is now going to work closely with the Housing
    Authority to improve their operations as his stretch objective. This will be on consent agenda in
    August.
    Ms. Smith asked for a report on the Promise Neighborhood progress at a future meeting.
    MATTERS BY THE PUBLIC
    Mr. Brandon Collins thanked Mr. Jones for attending the last PHAR Board meeting. He
    gave an update on PHAR's current activities and highlighted issues with the community centers
    and playgrounds at the housing centers. He requested maintenance assessment in public housing
    units.
    Ms. Joy Johnson said in an election year, which candidate will be sensitive and able to be
    in the community working with folks, particularly in the low wealth communities. She thanked
    Mr. Jones for committing to attending the next six months of PHAR meetings. She said if the
    attitude of the CRHA does not change about working with PHAR, they will be held accountable,
    and it will not look good for the City. Customer service needs to be improved.
    The meeting was adjourned.
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    1
    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
    HELD ON Tuesday, September 3, 2013, 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 3, 2013
    Council met in special session on this date with the following members present:
    Mr. Huja, Ms. Smith, Ms. Galvin, Ms. Szakos, Mr. Norris.
    On motion by Ms. Szakos, seconded by Ms. Smith, Council voted, (Ayes: Mr. Huja, Ms.
    Galvin, Ms. Smith, Ms. Szakos, Mr. Norris; Noes: None), to meet in closed session for (1)
    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, (2) 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 the costs of the Rivanna Pump
    Station, as authorized by Va. 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. Galvin, Ms. Smith, Ms. Szakos, 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 – September 3, 2013
    CALL TO ORDER
    Council met in regular session on this date with the following members present: Ms.
    Smith, Ms. Galvin, Mr. Huja, Ms. Szakos, Mr. Norris.
    Mr. Huja read a proclamation for the Charlottesville AIDS Walk 2013. Mr. Peter
    DeMartino was present to accept the proclamation. He thanked Council for their
    acknowledgement.
    Mr. Norris read a proclamation for National Preparedness Month. Go to ready.gov or
    listo.gov for more information. Ms. Kirby Felts was present to accept the proclamation.
    2
    Ms. Szakos read a proclamation for Charlottesville Pride Festival Day. Ms. Amy Marshall,
    President of the Charlottesville Pride Network, was present to accept the proclamation and
    thanked Council for their support.
    Ms. Galvin announced the next Our Town Charlottesville meeting on Thursday, September
    12 at Jackson Via for the Johnson Village/Fry's Spring neighborhoods. She also announced the
    Move2Health initiative and invited Dr. Lilian Peake to speak. Dr. Peake challenged citizens to
    get thirty minutes of physical activity at least five times a week and announced the kick-off at the
    next Fridays After Five. Go to www.move2healthcentralva.org for more information and to sign
    up.
    Ms. Galvin announced the Charlottesville Vegetarian Festival on September 28 in Lee
    Park. She also announced a solar program on Wednesday, September 25 at 7:00 p.m. Go to
    www.350centralvirginia.org for more information.
    Ms. Smith announced the Water Resources Protection Program is now accepting
    applications. Go to www.charlottesville.org/boards for more information and to apply online.
    Mr. Norris announced Government Services Day on Thursday, September 26 from 10am-
    2pm on the Downtown Mall. People of all ages are invited to participate and learn more about
    their City government.
    Ms. Szakos announced September is Library Card Sign-up month. For more information go
    to the library or visit www.jmrl.org/librarycard. She also said Inc Magazine named five local
    businesses in the area as one of the 500 fastest growing private companies in America.
    Mr. Huja invited Mr. Nana Ghartey to introduce a special guest from our sister city,
    Winneba, Ghana. Justice Kow Amissah-Koomson, a high court judge in Ghana, is spending his
    vacation in Charlottesville, and he welcomed him to speak. Mayor Huja presented him with the
    gift of a City seal.
    Mr. Huja welcomed the youth in attendance.
    On motion by Mr. Norris, seconded by Ms. Smith, the following appointments were made
    to Boards and Commissions: to the ACRJ, Don Beyers; to the Disability Services Board, Patricia
    Stevenson. (Ayes: Ms. Smith, Ms. Galvin, Mr. Huja, Ms. Szakos, Mr. Norris; Noes: None.)
    MATTERS BY THE PUBLIC
    Ms. Jeanne Chase, 223 Old Lynchburg Rd., said it is important not to shift any monies
    away from the Old Lynchburg Road project until it is completed with excellence.
    Mr. Robert Nowell, 118 Old Lynchburg Road, said he agreed with his neighbor, Ms.
    Chase. He said a lot of damage has been done to his property as a result of the Old Lynchburg
    Road project activities. His wife said they would like the damaged items replaced.
    3
    Ms. Estella Knot, 808 Rockland Ave., spoke on behalf of the Luminaria Charlottesville
    group. The group will hold an event on September 21 on the McGuffy Arts Center lawn from
    3:30 p.m. - 9:00 p.m. She invited Council and the community to support and participate. Contact
    293-6361 or go to luminariacville.org for more information.
    Mr. John Heyden, Westwood Dr., said he does not appreciate being called a racist. He said
    he has done a lot for the African American community. He asked for a racial breakdown of
    crime.
    Mr. Dave Redding, 522 Ridge St., said he admires Mr. Jones' efforts to work with the
    Housing Authority. He said the Cville Vegetarian Fest will take place on September 28 in Lee
    Park from 11:00 a.m. - 5:00 p.m. Go to cvillevegfest.org for more information. He also
    announced a pilot solar program. For more information, come to PVCC, Room 229 on
    September 25 at 7:30 p.m.
    Ms. Joanie Freeman said she travelled the world before coming to Charlottesville and
    learned a lot. She invited Council and citizens to a community event, "Draw the Line on Climate
    Change", on September 21 at the Free Speech Wall from 11:00 a.m. - 1:00 p.m. For more
    information, send an email to freeman.joanie@gmail.com.
    Mr. John Pfaltz, 1503 Rugby Rd., said he is pleased the City Manager's stretch objective is
    on the agenda. He said it will be difficult to evaluate whether Mr. Jones has earned his bonus. A
    few disinterested citizens should be on the committee.
    Mr. Paul Grady, Crozet, said the Emmet/Hydraulic intersection is a unique opportunity for
    creative and innovative options. Please buy the property now.
    Mr. Scott Bandy, Cherry Ave., commended the residents of Old Lynchburg Road who have
    spoken this evening. He asked Council if they are sure they are ready to reallocate funds from
    this project. He said property owners must have their property returned to the condition it was in
    prior to construction.
    Ms. Joy Johnson, 802A Hardy Dr., said sometimes the best way to deal with ignorance is to
    ignore it. However, she was offended that local African American leaders were called out by
    name during Matters by the Public last week. She said she is shocked that the Housing Authority
    would be on Mr. Jones's head; this should have been taken care of without a bonus contingency.
    Mr. Roger Swicker, Green County, submitted a resolution to Council and asked them to
    affirm the "traditional" form of marriage. He said religious freedom will die if this is not upheld.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Ms. Szakos said freedom of religion is the opposite of what Mr. Swicker posited. The idea
    of marriage has been mutable over time, and she affirmed her support for marriage rights. She
    4
    thanked Mr. Heyden for speaking tonight about what he wanted to see happen instead of
    accusing other people of things.
    Ms. Smith said the information about the Nowell's property was disturbing. She thanked
    Ms. Freeman and Mr. Redding for all they do for the community. She announced an event on
    September 10 at 11:00 a.m. for Environment Virginia about the contribution of power plants to
    extreme weather.
    Ms. Galvin said Council will pull the item from the consent agenda regarding the transfer
    of funds from OLR to Hydraulic. She said this country is founded on the separation of church
    and state, and we are here to uphold people's secular rights. Everyone is equal in the face of the
    law. She thanked Mr. Grady for pointing out the opportunities around Hydraulic Road and said
    this is independent of her opinion on fund transfers.
    CONSENT AGENDA
    a. Minutes for August 19
    b. APPROPRIATION: FY 2014 Stormwater Utility Budget Appropriation -
    $1,138,734 (2nd reading)
    c. APPROPRIATION: Grant for Construction of McIntire Park Railroad Trail
    Bridge - $761,950 (2nd reading)
    d. APPROPRIATION: Funds from Charlottesville City Schools to the Buford Science
    Labs Project - $7,500 (2nd reading)
    e. APPROPRIATION: Reimbursement for the Buford Science Labs Project - $695
    (2nd reading)
    f. APPROPRIATION: Charlottesville/Albemarle Adult Drug Treatment Court Grant
    Award - $182,500 (2nd reading)
    g. APPROPRIATION: City of Charlottesville Phone System Upgrade - $380,478 (2nd
    reading)
    h. APPROPRIATION: Virginia Commission of the Arts Challenge Grant - $5,000
    (2nd reading)
    i. APPROPRIATION: Check and Connect Student Engagement Continuation Grant
    - $75,000 (2nd reading)
    j. APPROPRIATION: 2013 Local Emergency Management Performance Grant -
    $7,500 (2nd reading)
    5
    k. APPROPRIATION: Sale Proceeds from 1306 Nunley Street Property - $127,432.46
    (2nd reading)
    l. RESOLUTION: City Manager Stretch Objectives
    m. RESOLUTION: Hydraulic Road at Emmet Street Improvements - $400,000 pulled
    n. RESOLUTION: Amend Affordable Dwelling Unit Ordinance to Establish Policy to
    Manage Contributions
    o. ORDINANCE: Dominion Power Easement for Undergrounding Lines at Greenleaf
    and McIntire Parks (2nd reading)
    p. ORDINANCE: Planned Unit Development District Code Changes (carried)
    q. APPROPRIATION: Crisis Intervention Team and Coordinator (carried)
    Ms. Galvin requested item m be pulled from the consent agenda for discussion.
    Ms. Smith asked for a brief discussion on item k regarding Nunley Street. She said we have
    to be careful about demand as we invest our money. She was disconcerted that one of the homes
    was sold to a county resident instead of a low income city resident. Ms. Szakos said we know
    home buying cannot be an impulsive decision. We need long term programs that are available so
    people can make plans. Ms. Smith said we need to learn lessons as we go about this. Mr. Huja
    said he shares in Ms. Smith's concern that we have not found people in the City who need
    assistance. Ms. Galvin said 70% of City staff cannot afford to live in the City, and she does not
    have a problem with City workers who live in the county being given these opportunities. Mr.
    Tolbert said staff believes this is the first land trust home ever sold in Virginia, and it was
    difficult finding a bank who would do the mortgage. He said staff will continue to market the
    remaining property to City employees and residents.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the consent agenda was approved with
    the exception of item m. (Ayes: Ms. Smith, Ms. Galvin, Mr. Huja, Ms. Szakos, Mr. Norris;
    Noes: None.) Mr. Norris voted in opposition to item b, Stormwater.
    Mr. Huja announced item 4 will be a Public Hearing on Tonsler Park Master Plan.
    PUBLIC HEARING / ORDINANCE: Exchange of Permanent Easements to Cure
    Encroachments at 431 Monticello Road (carried)
    Exchange of Permanent Easements to Cure Encroachments
    Mr. Brown reported on the proposed ordinance to Council. The ordinance will remedy a
    couple of encroachments at 431 Monticello Rd. This requires a public hearing because it
    involves public property.
    6
    On motion, the hearing was opened. Having no speakers, the hearing was closed.
    On motion by Mr. Norris, seconded by Ms. Szakos, the ordinance carried for a second
    reading.
    Ms. Smith asked what the status of Holly Street was. Mr. Tolbert said this is an alley. Mr.
    Norris said he believes it is a private alley.
    PUBLIC HEARING / RESOLUTION: Setting Priorities for Community
    Development Block Grant (CDBG) and HOME Investment Partnership (HOME)
    funds for Program Year 14-15
    Setting Priorities for Community Development Block Grant (CDBG)
    Ms. Thackston presented to Council on the CDBG and HOME funds for Program Year 14-
    15. Current projections show similar funding to what is currently in place. Staff asked Council
    to 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 Public Service Programs, determine amount for Administration and Planning,
    and provide any other additional guidelines or guidance. HOME funds require a 25% local
    match. In previous years, this match came from the Charlottesville Housing Fund. There is no
    impact to the general fund regarding CDBG funds.
    Ms. Thackston also reviewed staff recommendations, which included approving the 15%
    maximum allocation allowed for Public Service Programs and approving the 20% maximum
    allocation allowed for Administration and Planning; splitting the remaining 65% of CDBG funds
    evenly among Economic Development and Priority Neighborhood Activities; and naming the
    10th and Page area as a Priority Neighborhood.
    On motion, the public hearing was opened. Having no speakers, the hearing was closed.
    Ms. Smith asked for information on how the Economic Development monies were used
    over the past year. Ms. Thackston said funding became available July 1, and feedback is not
    available yet. The Community Investment Collaborative and the Economic Development Small
    Business Programs are some of the programs currently receiving funding, as well as other local
    collaborative projects. Staff members from NDS and Economic Development are managing the
    process.
    Ms. Galvin said she would like coordination between street improvements and the Blockby-Block
    program. Ms. Thackston confirmed for Ms. Smith that a pocket park at 10th and Page
    would be an eligible use for the funds.
    Ms. Szakos said she would like to weight towards the priority neighborhoods, not
    necessarily limit funds to only that neighborhood. Mr. Huja said he agreed with Ms. Szakos's
    7
    strategy. Ms. Smith said she is concerned about putting a bulk of monetary resources towards
    one neighborhood at the expense of others in the City. Ms. Szakos said this tactic is used to
    focus our resources into one neighborhood so a measurable impact can be made. Ms. Galvin said
    she would like to review metrics on this tactic. Ms. Thackston said she can provide this
    information.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the recommendations were approved
    as modified by Council.
    PUBLIC HEARING: Tonsler Park Master Plan
    Tonsler Park Master Plan
    Ms. Daly and Mr. Gensic presented to Council on the final draft master plan for Tonsler
    Park. Mr. Gensic gave a presentation reviewing the planning process to date and highlighting
    priorities. The Planning Commission comments are also included in the Council materials.
    Ms. Galvin asked about the Planning Commission's comments regarding design and spatial
    quality. She asked when the illustrated plan incorporating more detailed elements would be
    available. Mr. Daly said after the adoption of the master plan, CIP funding will allow staff to
    begin the process. Some elements can be completed quickly by staff; other elements will require
    engaging an architectural firm through an RFP process.
    On motion, the public hearing was opened.
    Mr. Scott Bandy said he wants to ensure lighting along the potential trail connections is
    considered.
    Having no further speakers, the public hearing was closed.
    Mr. Norris commended staff on the planning process and said it is far superior to what we
    have done in the past. He asked if there is a way to incorporate the Comprehensive Plan's stated
    goal of filling the demand for rectangular fields. Mr. Daly said they are examining options for
    accomplishing this. Mr. Huja said these are the only tennis courts in the south part of town, and
    it is important to keep them. He said the open play area on the map would be a good place for
    soccer fields. Ms. Szakos asked about the feasibility of doing this. Mr. Daly said this is not big
    enough for a full-sized field, but it may be used for a youth-sized field.
    Ms. Smith said we have to be sympathetic to what the neighborhood wants for the park,
    and we should observe how the open spaces are being used before allocating them for certain
    uses. She asked staff to make sure buildings are as green as possible and trails are ADA
    compliant. She said she knows it is probably not possible, but she would love to see some
    portion of the buried stream daylighted. She asked staff to be sure the parking lot was
    constructed as efficiently as possible.
    8
    Mr. Huja said the quality of landscape and building design should be of the utmost care and
    concern.
    Ms. Szakos said soccer and football fields were the most requested thing in the kid's survey
    section.
    Ms. Smith moved approval of the plan. Ms. Galvin seconded with the condition that there
    will be professional design expertise retained as appropriate. (Ayes: Ms. Smith, Ms. Galvin, Ms.
    Szakos, Mr. Huja, Mr. Norris; Noes: None.)
    APPROPRIATION: Affordable Dwelling Unit (ADU) Plaza Contribution (revised)
    (2nd reading)
    Affordable Dwelling Unit (ADU) Plaza Contribution
    Mr. Tolbert presented to Council. He reviewed Council's discussion from the August 19
    meeting. He said the appropriation is being brought back for a second reading, but the allocation
    will only go towards the Block-by-Block Program and emergency repair, removing the Section 3
    allocation. Staff will bring back the Section 3 program at a later time.
    On motion by Mr. Norris, seconded by Ms. Smith, Council amended the appropriation.
    (Ayes: Ms. Smith, Ms. Galvin, Ms. Szakos, Mr. Huja, Mr. Norris; Noes: None.)
    Mr. Huja said the resolution is needed for the housing programs. He is very much opposed
    to using housing funds for Section 3 in any fashion, although he recognizes this is not on for
    discussion this evening.
    Council voted to approve the ordinance. (Ayes: Ms. Smith, Ms. Galvin, Ms. Szakos, Mr.
    Huja, Mr. Norris; Noes: None.)
    REPORT: Thomas Jefferson Planning District Commission (TJPDC) 2014
    Legislative Program Development Process
    Thomas Jefferson Planning District Commission (TJPDC) Development Process
    Mr. David Blount, Acting Executive Director/Legislative Liaison for the TJPDC, presented
    to Council on the regional legislative program.
    Ms. Szakos asked about authorizing money for transit authorities. Mr. Blount said this may
    be hard to come by, given the current make-up of the General Assembly. He recommended
    continuing these conversations locally and engaging in regional efforts.
    Ms. Galvin said our two regional programs are structured so that users cannot get a
    subsidized fare when commuting out to Zion's Crossroads, for example. She asked how we can
    9
    work to put reverse commuting on par with the rural to urban commute. Mr. Blount
    recommended working through MPO and TJPDC.
    Ms. Galvin said the rural horseshoe around Richmond received a lot of state monies for
    Economic Development and revitalization. She asked if we could lobby to get GED benefits for
    low income urban areas. Mr. Blount said he would look into these matters.
    Mr. Huja thanked Mr. Blount for his presentation. Ms. Galvin said Mr. Blount has been a
    stable force and a welcome personality for TJPDC during a rough transitional year.
    RESOLUTION: Thomas Jefferson Adult Career & Education (TJACE) PluggedIn
    VA (PIVA) Program Report & Funding Request - $23,000
    TJACE PluggedIn VA (PIVA) Program Report & Funding Request
    Mr. Engel and Ms. Lee presented to Council. The PluggedIn VA program received only
    partial funding because the career track chosen, customer service, is not a traditional PluggedIn
    VA track. The program was originally scheduled to begin in October 2013 and is facing a
    $23,000 shortfall. To ensure that the program can be implemented in this fiscal year, TJACE is
    requesting funding in the amount of $23,000 from Council. This money will be used to serve
    approximately 7 of the 15 to 16 total participants in the program. All of these individuals will be
    low-income City residents.
    Ms. Szakos asked if the entire amount would serve City residents, or just the $23,000
    requested. Ms. Lee said a majority of the total amount will serve City residents. Ms. Erno said
    this is state funded regional program, but most students tend to be City residents because the
    program is housed in the Adult Learning Center. Ms. Szakos asked if it would be burdensome to
    require that 75% of the participants be City residents. Ms. Erno said she was not sure they would
    be able to make that commitment at this stage.
    Mr. Huja said this is exactly the kind of program we should support because it is in keeping
    with our values and priorities.
    Ms. Galvin said asked for a report on the percentage of graduates who went on to find
    employment. She asked Ms. Erno to speak about the plans in place to support graduates in their
    search for work. Ms. Erno said the program relies heavily on their partners for this piece of the
    program, such as the Virginia Workforce Center and the Chamber of Commerce.
    Ms. Szakos said she wants to be sure they are tied in with the City Scholarship Program.
    Ms. Erno said they are.
    Ms. Smith said our ultimate measurement has to be whether we are finding people jobs.
    Council voted unanimously to support funding; the resolution passed. (Ayes: Ms. Smith,
    Ms. Galvin, Ms. Szakos, Mr. Huja, Mr. Norris; Noes: None.)
    10
    RESOLUTION: Hydraulic Road at Emmet Street Improvements - $400,000
    Mr. Tolbert presented to Council on the item. The resolution takes funds from the Old
    Lynchburg Road and McIntire Road Extended projects that are nearing completion. Adequate
    funding will remain in the two accounts to pay all final invoices. The resolution transfers
    $150,000 from the McIntire Road Project and $250,000 from the Old Lynchburg Road (OLR)
    project. Mr. Tolbert said the OLR Project is 90-95% complete, and they have only paid out about
    60% of the budgeted funds. The projected completion date for this project is November 30.
    He clarified that the issues with the Nowell's property are scheduled to be resolved.
    Ms. Smith asked who would be responsible for rainwater running into a property if it did
    not do so prior to the construction. Mr. Tolbert said the project is designed so this does not
    happen, but if there is a documented issue, the City will work to fix it.
    Ms. Szakos asked if there is precedent for spending money left over from a project on the
    area where the project occurred. Mr. Tolbert said there is not.
    Ms. Galvin asked about the level of neighborhood outreach that has taken place during this
    project. Mr. Tolbert said there has been a lot of communication on this project, especially oneon-one
    conversations.
    Ms. Szakos asked about the Hydraulic/Emmet project. She asked if the lot on the corner is
    for sale. Mr. Tolbert said a site plan is currently in review for a development at that location.
    Mr. Tolbert said the planned development would not impact the plans the City has in place.
    Mr. Norris asked what the traditional use for the capital contingency fund is for. Mr.
    Tolbert said it is for specific needs. Mr. Norris asked why staff cannot just pull money from the
    contingency fund in order not to inflame the OLR neighborhood. Mr. Jones said there is money
    in the contingency fund to do this, but staff saw the extra money in the OLR project fund as an
    opportunity to avoid tapping into the contingency fund. Mr. Norris said we should leave money
    in the OLR project and replenish the contingency fund with whatever is left over after the project
    has been completed.
    Ms. Galvin said she is uncomfortable being in the position of serving as mediator between
    a City department and a neighborhood. Staff should make an effort to communicate with the
    neighbors, demonstrated that funding is available and build trust. Mr. Jones said there has been
    extensive communication between neighbors and staff, and a myriad of requests regarding this
    project have been honored by staff.
    Ms. Szakos said there may be a lack of trust, but there has been a tremendous amount of
    communication and public engagement on this project during the years she has served on
    Council.
    11
    Mr. Huja said he agrees that we have had a fair amount of community contact.
    On motion by Ms. Galvin, seconded by Ms. Szakos, Council voted to take the $250,000
    from the contingency fund to fund the Hydraulic Road project. (Ayes: Ms. Smith, Ms. Galvin,
    Ms. Szakos, Mr. Huja, Mr. Norris; Noes: None.)
    OTHER BUSINESS: ROUTE 250 AND PARKWAY IMPROVEMENT SOLUTION
    Ms. Galvin said there has been concern about soil erosion related to the Route 250 and
    Parkway interchange project. Some solution needs to be devised regarding stormwater
    management and landscape architectural expertise, and ensuring best practices are being
    implemented. The PLACE Design Task Force and the Tree Commission would like to be
    involved. PLACE takes on special charges at the Council's direction. She asked if Council is
    interested in engaging them for this purpose. They would know by September 16 whether or not
    there are solutions to the problem the public has raised.
    Mr. Jones said the timing is a little close; a report would have to be prepared by next
    Tuesday.
    Mr. Norris asked what else could be done to address some of the issues that have been
    brought forward. Mr. Jones reviewed the meetings staff has held with neighbors about tree
    protection. Mr. Tolbert said this is a federally-funded project with an MOA and a plan that has
    been agreed upon by several consulting bodies. He cautioned against trying to change a plan in a
    way that may violate any of the approvals that are currently in place.
    Mr. Huja suggested staff could use PLACE as a sounding board throughout the ongoing
    discussion.
    Ms. Smith asked where parking and impervious space comes into this discussion. Mr.
    Tolbert said this has been an ongoing part of the discussion and is part of the overall plan based
    on landscaping needs. Contractors are exploring alternative surfaces as well and doing as much
    as they can for stormwater retention.
    Mr. Norris said there is a sense that we are not being as proactive when it comes to
    planning for street trees. He asked if this was an accurate perception, and if so what could be
    done to address the issue. Mr. Tolbert said staff is working to revise design standards. Required
    street trees are being implemented, but we have to change codes to address conflicting priorities
    between building placement relative to the street and street tree plantings.
    Ms. Szakos asked when design standards will be revised. Mr. Tolbert said he hopes we
    will have standards in place by this time next year and hopefully sooner.
    Ms. Galvin said we need to have a serious conversation about communication and quality
    control when it comes to the PLACE Design Task Force and the Tree Commission. Mr. Huja
    agreed that Council needs to address this in the future.
    12
    MATTERS BY THE PUBLIC
    Ms. Jeanne Chase, 223 Old Lynchburg Rd., thanked Council for reinstating the
    neighborhood's trust in the OLR Project. She explained why the neighborhood elected not to go
    forward with a group of representatives. She said some communication has been good, and other
    times it has been fragmented. The punch list may need revision. The OLR neighborhood
    association would like a copy of the punch list.
    Mr. Scott Bandy, Cherry Ave., seconded Ms. Chase's comment. He said he has a
    chronological photo album of the project.
    Meeting adjourned.
    Clerk of Council
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    1
    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE HELD
    ON Monday, September 16, 2013, 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 16, 2013
    Council met in special session on this date with the following members present:
    Mr. Huja, Ms. Smith, Ms. Galvin, Ms. Szakos, Mr. Norris.
    On motion by Ms. Szakos, seconded by Ms. Smith, Council voted, (Ayes: Mr. Huja, Ms.
    Galvin, Ms. Smith, Ms. Szakos, Mr. Norris; Noes: None), to meet in closed session for
    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, Ms. Galvin, Ms. Smith, Ms. Szakos, 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 – September 16, 2013
    CALL TO ORDER
    Council met in regular session on this date with the following members present: Ms.
    Smith, Ms. Galvin, Mr. Huja, Ms. Szakos, Mr. Norris.
    AWARDS/RECOGNITIONS
    Mr. Norris read a proclamation in celebration of the first “Cville Sabroso” Festival, which
    celebrates Hispanic heritage. Estella Knot accepted the proclamation on behalf of Sin Barreras
    and thanked City staff for their support.
    Mr. Huja read a proclamation for Alzheimer's Awareness Month. Sue Friedman was
    present to accept the proclamation and invited Council and citizens to the walk on October 12 in
    Lee Park.
    2
    Mr. Huja invited Sid and Shelly Sitzer forward to make a presentation to Council. On
    behalf of the Sierra Club of Charlottesville, they presented Council with a certificate for passing
    a moratorium on uranium mining. They asked Council to send a letter to the Governor asking
    him to take action.
    Mr. Huja announced the Parks and Recreation Department received an award for the Best
    New Program in the State for 2012.
    Ms. Szakos announced the 2013 Better Business Challenge. Go to www.cvillebetterbiz.org
    for more information. Ms. Terri Kent, "Better World Betty", spoke to Council about the event
    and thanked them for their support.
    Ms. Szakos announced the Charlottesville High School Orchestra will perform at the Free
    Speech Wall on September 19 at 1:00 p.m. Also, the next Our Town meeting will be on October
    3 for the Woolen Mills Neighborhood at the Woolen Mills Chapel. On September 28, the
    Vegetarian Festival will take place at Lee Park from 11:00 a.m. - 5:00 p.m. Also, the City
    Scholarship Program Gala will take place the evening of September 28 at the Paramount Theatre.
    Ms. Galvin announced Government Services Day on September 26 on the Downtown Mall
    from 10:00 a.m. - 2:00 p.m. Also, the Community Career Conference takes place October 8
    from 9:00 a.m. - 3:00 p.m. at the John Paul Jones Arena. For more information go to
    www.charlottesville.org, or contact Hollie Lee. Pre-registration is recommended.
    Ms. Szakos said the Burnley Moran third graders invited local government officials to
    discuss local government, and she was very impressed with their emergency preparedness.
    Ms. Smith announced September is library card sign-up month. She also announced the
    Water Resources Protection Program Advisory Committee is accepting applications until
    October 1. Go to www.charlottesville.org/boards for more information and to apply.
    Mr. Norris announced the 30th Anniversary Dinner for the Charlottesville Center for Peace
    and Justice this Saturday at 5:00 p.m. He also announced there are Emergency Preparedness
    Guides available in the lobby of City Hall and other places around the community.
    MATTERS BY THE PUBLIC
    Mr. George & Cathy Seymour, owners of Import Car Store on the corner of Hydraulic and
    29, said they were presented with a site plan earlier this month reflecting substantial loss of
    property. They asked Council if they were aware of the methods staff was using to take right-ofway
    property.
    Lena Seville, 808 Altavista Ave., said she was here to discuss the Belmont Bridge and
    related matters. Pedestrian access is limited from Belmont. Unofficial crossings are more
    hazardous than placing official crossings in high traffic areas. An underpass is not a good idea
    for aesthetic and functional reasons.
    3
    Ms. Rebecca Quinn, 104 4th Street, said the bus station phone message does not provide
    accurate information. The Belmont Bridge update should include a discussion about why
    repairing the existing bridge was rejected. She said if a report is not ready when material is
    posted to the public, it should not be put on the agenda. She said the Rivanna Quarterly Report
    is poorly titled.
    Mr. Jim Rounsvell, 1113 Belmont Rd., said relevant cost information and other important
    information has not been included in the Belmont Bridge project information over the course of
    the last several months.
    Mr. Bryan Wimer, 704 Graves St., said there are false assumptions about the Belmont
    Bridge. It does not have to be four lanes. The engine idling location should be moved for the
    train. An at-grade crossing should not be off the table, and the economic viability of the
    Belmont Bridge area needs to be discussed. We have the opportunity to employ design oversight
    for our City.
    Mr. David Hirschman, 1107 Calhoun St., said they were able to get their neighborhood
    children outside playing with a mobile basketball hoop in their street. However, the Police
    Department made them remove it because there is a section of the code prohibiting playing in the
    street. He said the City should embrace the idea of "Complete Streets", which makes the streets
    safe for all users, and bring our zoning in line with this idea.
    Mr. Jay Fibman, a Fourth Year student at UVA, spoke about the Noise Ordinance update
    and the effort he and his peers have made to limit the number of noise violations in
    neighborhoods in and around UVA.
    Mr. Kirk Bowers, County resident, thanked Council for their work on the uranium ban. He
    invited Council to the International Day of Peace event at the Presbyterian Church on Rugby Rd.
    Mr. John Gaines, 9th Street N.W., said he has several concerns about his neighborhood.
    Increased parking by construction workers from Main Street and hospital employees is a
    problem. Narrow streets in the 10th and Page area and other inner City streets of Charlottesville
    is an issue. There is only room for travel in one direction at the 300 block of H Street, and fast
    travelling vehicles are a safety hazard. He asked if the City can combine trash and recycling
    collection services.
    Mr. Wolf Braun, 1120 D East High Street, said he is concerned about the Belmont Bridge
    and underpass project. The bridge is cheaper than the underpass. The underpass design could
    provide a wider, more welcoming space. There is not a vision of how the project's impact on the
    community would be mitigated. There is no opportunity to provide sound baffling from the
    Pavilion with the underpass design.
    Mr. Tim Frielich, 719 Levy Ave., said the underpass with at-grade crossing design does not
    work for bike and pedestrian commuters in the neighborhood. He said an enhanced bridge option
    is needed.
    4
    Mr. Peter Kleeman, 407 Hedge St., said there should not be an assumption there should be
    thru-traffic at all times during construction at the Belmont Bridge. There are many ways to cross
    the track in sections east and west of the bridge. He asked Council to fairly evaluate all options
    for bridge design.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Mr. Norris reassured Mr. Gaines that our trash is sorted for recyclables, in addition to
    having the option of sorting trash. He asked staff to examine parking issues. He asked staff to
    figure out how playing in the streets is illegal in the City. He agreed with Ms. Quinn that real
    time information is insufficient.
    Ms. Smith said IT is working with transit to create a better system for the buses. Ms. Smith
    asked if a note could be made for agenda materials if they are not available indicating when they
    would be posted. She said there has been a resurgence of children playing outside in the City,
    and we should examine our codes.
    Ms. Galvin said the City passed a Complete Streets resolution in 2010. We need a citywide
    transportation plan to identify disconnects between our streets and our code.
    CONSENT AGENDA* (Items removed from the consent agenda will be
    considered at the end of the regular agenda.)
    a. Minutes for September 3
    Minutes for September 3
    b. APPROPRIATION: Crisis Intervention Team and Coordinator (2nd reading)
    Crisis Intervention Team and Coordinator
    c. APPROPRIATION: Charlottesville High School Stadium Bleacher Replacement -
    Water Protection Performance Bond Release - $22,103.28 (carried)
    Charlottesville High School Stadium Bleacher Replacement
    d. APPROPRIATION:
    Victim Witness Assistance Program Grant - $176,057 (1st of 2 readings)
    Victim Witness Assistance Program Grant
    e. APPROPRIATION: Authorizing Police Cruisers Purchase - $214,000 (carried)
    Authorizing Police Cruisers Purchase
    5
    f. RESOLUTION: Partnership with McIntire Botanical Garden for Design,
    Development and Operation of the Botanical Garden in McIntire Park
    Partnership with McIntire Botanical Garden
    g. RESOLUTION: Charlottesville-Albemarle Health Department Carry Over
    Request - $27,735
    Health Department Carry Over Request
    h. RESOLUTION: Loan Extension Request for The Lewis & Clark Exploratory
    Center of Virginia, Inc. - $130,000
    Loan Extension Request for The Lewis & Clark Exploratory Center of Virginia
    i. RESOLUTION: Amendment #2: Ivy Material Utilization Center Programs
    Agreement and Local Government Support Agreement for Recycling
    Ivy Material Utilization Center Programs Agreement and Local Government
    j. ORDINANCE: Planned Unit Development District Code Changes (2nd reading)
    Planned Unit Development District Code Changes
    k. ORDINANCE: Exchange of Permanent Easements to Cure Encroachments at
    431Monticello Road (2nd reading)
    Exchange of Permanent Easements to Cure Encroachments at 431 Monticello
    l. ORDINANCE: Allowing the Local Courts to Assess a Courthouse Construction Fee
    (carried)
    Allowing the Local Courts to Assess a Courthouse Construction Fee
    On motion by Ms. Szakos, seconded by Ms. Galvin, the consent agenda passed
    unanimously.
    Ms. Smith confirmed there is no budgetary impact for the RWSA agreements.
    6
    PUBLIC HEARING / ORDINANCE: Abandonment of 1625 Brandywine Trail
    Access Easement (carried)
    Abandonment of 1625 Brandywine Trail Access Easement
    Mr. Daly presented to Council. At the request of Ms. Smith, Mr. Daly described where the
    closest access to the trail was aside from this point.
    On motion, the public hearing was opened.
    Peter Kleeman, 407 Hedge St., said he is generally opposed to closing access to public
    open spaces. All public access spaces should remain in existence and perhaps be expanded. We
    should be adding linkages, not removing them.
    Mr. Charles Huse, 1625 Brandywine Dr., said the pedestrian easement comes within three
    feet of their house, is located along a steep incline, and can be hazardous to people who may
    have trouble walking.
    Having no further speakers, the public hearing was closed.
    Ms. Galvin asked how far away the unbuilt public right of way is from the existing
    easement. Ms. Szakos said it is about ten houses down. Mr. Daly estimated 300 yards, at the
    most.
    Ms. Szakos said she generally agrees with Mr. Kleeman, but she has seen this one and it
    seems like a good plan to close it.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the motion carried.
    Ms. Smith said it hurts to close an easement, but she trusts staff's judgment. She said more
    access for the neighborhood would be nice if possible. Ms. Szakos said sidewalks have been
    newly implemented.
    REPORT Belmont Bridge Update
    Belmont Bridge Update
    Mr. Tolbert presented to Council on the Belmont Bridge project.
    Ms. Smith asked where repairing the bridge fell off the radar. Mr. Tolbert said VDOT
    evaluated the bridge and determined it was not cost effective to continue to do repairs. Ms.
    Smith asked why the design called for four lanes versus two, per Mr. Wimer's inquiry. Mr.
    Tolbert said he believes this is an option worth considering, and staff will discuss this with
    VDOT. Ms. Szakos asked if we have considered a citizen-proposed option of fencing the
    railroad to prevent illegal pedestrian crossing. Mr. Norris and Ms. Smith said we should increase
    7
    pedestrian connectivity, not restrict it. Mr. Norris said an enhanced bridge option should be on
    the table.
    Ms. Szakos said if we build the bridge, she hopes it can be visually inviting and improve
    connectivity. She asked staff to keep the sound buffering and the shape of the bridge in mind.
    Ms. Galvin said the design competition and feedback showed the public does not want the
    MMM design. There should have been an enhanced bridge option to compare with the
    underpass so Council and citizens can compare apples to apples. There may not be as big a
    difference in cost when you apply higher design standards. She asked how much we have spent
    in design and engineering. Mr. Tolbert said he believes the current total is around $500,000.
    Mr. Huja said he disagreed that the underpass may be the same price as the bridge.
    Ms. Smith asked if the bridge has to be higher. Mr. Tolbert said he does not know. Ms.
    Smith said she is interested to know where our current at-grade crossings are located along the
    tracks. As we explore options, we should see if there is a possibility the railroad would negotiate
    with us on an at-grade crossing.
    Mr. Norris said he is concerned about the planned pedestrian fly-over because they usually
    get cut out from the final design. Bike/Ped infrastructure needs to be fully explored. Ms. Smith
    said we should make at-grade crossings as safe as possible since people are going to be crossing
    anyway.
    Ms. Galvin said PLACE should have had a chance to talk about this. The underpass had
    multiple contingencies attached to it. Council should use PLACE to work with staff to devise an
    effective public engagement process. Ms. Szakos said staff is planning to use PLACE in the next
    stage of the project.
    Mr. Norris said we should move forward with devising an enhanced bridge option
    reflective of the community's desires and with a realistic price estimate. Mr. Huja and Ms.
    Szakos agreed. Ms. Galvin said we should take both options to the public. Ms. Smith was also
    in favor of taking both options to the public. Ms. Szakos said the choice needs to be clear to the
    public, including what it would cost to construct an underpass. Mr. Norris said the priority for
    this next stage is to focus on what kind of a bridge the community wants if we do a bridge. Ms.
    Galvin said we should continue seeking public input on both the bridge and the underpass
    options.
    ORDINANCE: Supporting Equal Access to Employee Benefits for All Lawfully
    Married City Employees (carried)
    Supporting Equal Access to Employee Benefits
    Mr. Brown presented to Council on the proposed ordinance granting equal access to
    employee benefits for all lawfully married city employees, which includes same sex marriages
    that have lawfully occurred in other states. He explained the limitations of the current state law
    8
    and said we cannot enact an ordinance that is prohibited by state law. However, this ordinance
    expresses Council's intent that if Virginia decides to recognize same sex marriages, the City as
    an employer will treat those unions the same as heterosexual marriages.
    Mr. Norris said while the memo focuses on health benefits, there are a wide range of
    benefits that employee spouses have access to. He asked what state law has to say about these
    other benefits. Mr. Brown said the state code allows employers to provide benefits to its
    employees and dependents, but the Dillon Rule precludes the City from recognizing same sex
    marriages that would offer any benefits. Mr. Norris said there is a wide range of benefits that
    family members, including same sex partners, can benefit from administratively. Mr. Brown
    said this is the case by default, not by administrative decision.
    Ms. Galvin asked Mr. Norris how he would rewrite the ordinance. Mr. Norris said he
    would prefer to add "or people in domestic partnerships or civil unions" after "lawfully
    performed in other states". Ms. Szakos said that while she feels the state law is wrong, we have
    taken an oath to uphold the constitution. Ms. Szakos said we should change the language to read
    "in same sex marriages or civil unions that have lawfully occurred in other states".
    Mr. Huja asked if adding "civil union" will make a difference. Mr. Brown said his view is
    that this is still a statement of Council's policy should state law change.
    Ms. Galvin asked Mr. Brown to explain the intention behind the state providing such
    benefits to the institution of marriage. Mr. Brown said that is more of a policy question, and he
    is not comfortable answering. The statutory law has stated for some time that Virginia will not
    recognize same sex marriages.
    Mr. Norris asked if we can allow employees in lawful same sex relationships to qualify for
    an equivalent monetary subsidy to apply towards purchasing health insurance outside of the
    City's plan. Mr. Brown said he believes this would still conflict with state law because it
    provides a benefit based on a status the state says you cannot recognize.
    Mr. Huja said he supports the ordinance in our package.
    Ms. Szakos moved to adopt the ordinance with the addition of "or civil unions". Ms. Smith
    seconded the motion. The motion carried.
    Mr. Norris moved to remove the word “hereafter”. Mr. Brown said that may be confusing.
    The motion failed due to lack of a second.
    Ms. Szakos thanked Mr. Norris for bringing this to Council.
    9
    REPORT: Rivanna Quarterly Report
    Rivanna Quarterly Report
    Mr. Tom Frederick updated Council on matters regarding the Rivanna Authorities. His
    report included granular activated carbon (GAC) options for water treatment plants, including a
    forthcoming public report on hybrid options, and the upcoming organizational retreat. He also
    discussed dredging, the Ragged Mountain Dam construction update, cost share agreements, and
    the Ivy Materials Utilization Center and McIntire Recycling Center, which was approved for a
    six month extension as part of tonight's consent agenda.
    Mr. Jones asked Mr. Frederick to address the issue of wholesale metering as part of the cost
    share agreement and opportunities to examine more cost-effective ways of addressing this issue.
    Mr. Frederick explained current metering practices. The metering program aims to reduce or
    eliminate the allocation of non-metered water proportional to retail billings, as currently takes
    place. The current suggestion is to place a meter at jurisdictional boundaries at a cost of $6.4
    million. Additional ideas will be put forward within the coming week.
    Ms. Smith asked Mr. Frederick where the largest gap in metering occurs. Mr. Frederick
    said he is not certain, but he believes we should start by looking at the effectiveness of the
    meters.
    Ms. Smith asked why Rivanna would pay for dredging if it is not needed for the water
    supply. She asked if Rivanna would object if recreational users such as the UVA Rowing club
    would offer to pay for their own dredging. Mr. Frederick said the board would make the final
    decision, but in his view as long as it could be determined that the water supply was not being
    harmed, he does not see a problem with it.
    Ms. Galvin said odor mitigation will be added to a board agenda and a Council agenda in
    the future. Mr. Frederick said currently the funding commitment is far less than what is needed
    to achieve the engineer's projected 99% odor removal. Mr. Norris asked if the board understands
    the depth of the odor problem. This is a major quality of life issue for many residents in
    Charlottesville. He asked if money that was originally set aside for dredging could be allocated
    to odor control. Mr. Huja said this is of serious concern to the residents in the part of town that is
    affected by the odor.
    Mr. Frederick said this is a problem that requires a major expenditure of money. A healthy
    debate on this matter is underway. He described some of the issues and said identifying a
    resolution is not a simple process.
    Mr. Norris moved recommending reallocating funds budgeted for dredging to accelerate
    deodorization measures. Mr. Huja said he is not willing to give up on the option of dredging yet.
    Ms. Szakos said dredging may not be self-funding as previously thought but believes the motion
    is premature. The motion died for lack of a second.
    10
    Mr. Frederick said we are at an end to the current process of approaching dredging, but that
    does not mean we cannot explore another way.
    Mr. Norris moved that we urge Rivanna Board to find ways to accelerate the deodification
    process and consider ways of transferring funding into the process. Ms. Smith seconded the
    motion. Mr. Huja said this is undercutting the process. Ms. Szakos said she would support the
    motion with removal of the phrase about funding. Mr. Huja and Ms. Galvin said they would also
    support the motion with the phrase removed. The motion passed unanimously.
    Ms. Smith asked Mr. Frederick if there was any contingency to address excessive erosion
    near the Ragged Mountain project. Mr. Frederick said the entire construction area is controlled
    by erosion and sediment controls, and they have been working extremely well.
    REPORT: Noise Ordinance Update
    Noise Ordinance Update
    Capt. Wendy Lewis presented; Lt. Upman and Crime Analysis Det. Rudman were also
    present. Capt. Lewis reviewed steps the department has taken since 2011. There has been a
    decrease in calls and increased enforcement in the Venable neighborhood and City-wide. The
    department recommends continuing to monitor the process throughout the spring of 2014.
    Ms. Smith asked what enforcement means. Capt. Lewis said this term covers arrests or
    summons. Ms. Smith asked why the difference between calls and arrests is so large. Capt.
    Lewis said calls have decreased, and warnings and arrests are small because the program was not
    up and running until December of 2012. Many calls are unfounded, or the music had been
    turned down and a citation could not be made.
    Ms. Szakos said with 202 calls and one arrest, it does not seem to be working. Capt. Lewis
    explained that 67 warnings were issued, and many of the 202 calls for service were not verified.
    Mr. Huja said he has still heard from neighbors that noise is an issue. Ms. Galvin said there
    are increased complaints from a particular establishment. Capt. Lewis said this establishment
    has been addressed by staff and has apologized to the complainants.
    Ms. Szakos said the number of warnings does not look to have increased substantially since
    2012.
    Mr. Jones confirmed that there is more activity at the beginning of the school year, and the
    numbers would be more informative by the end of this calendar year.
    Ms. Szakos asked for the exact number of arrests per month so we can understand what the
    changes are. She said she cannot make a decision until Council has that information. Ms. Smith
    said it would be helpful to know how many calls were repeat callers. Mr. Huja said we will
    make a decision after receiving further data. Ms. Szakos thanked the students who are making
    the effort to help with this issue.
    11
    REPORT: Crisis Intervention Team Program Update
    Crisis Intervention Team Handouts
    Crisis Intervention Team Program Update
    Mr. Tom Von Hemert, CIT Program Coordinator, gave a power point presentation to
    Council. A loss of mental health beds year over year has affected our criminal justice system.
    He described for Mr. Norris the jurisdictions they cover. He described trends in emergency
    services departments in the Region 10 area. He explained what CIT is and how it interacts with
    the criminal justice system. He reviewed CIT objectives and outcomes. He described local
    agency representatives and mental health agency collaborations.
    Ms. Galvin asked how they get their funding. Mr. Von Hemert said they are primarily
    funded through grants. They have recently received money from the state and a grant from the
    Attorney General's office.
    Mr. Norris asked if there is assistance needed for advocating for more state support. Mr.
    Von Hemert said he would provide a detailed document to Council on how they can use support
    and advocacy.
    Ms. Smith asked if the Downtown Ambassadors have been trained. Mr. Von Hemert said
    they have been. Ms. Szakos said she has witnessed the positive effects of the CIT program,
    including at the jail.
    RESOLUTION: 1335 Carlton Avenue (PACE Center) Special Use Permit (SUP)
    1335 Carlton Avenue (PACE Center) Special Use Permit (SUP)
    Ms. Ebony Walden presented to Council. She reviewed the applicant's activities since the
    May Council meeting, when Council deferred a decision on Parcel C. She said Mr. Emory asked
    for the lighting to specify hoods, shields and visors to reduce glare for neighboring properties.
    She said traffic on Franklin is also been brought forward as an issue.
    Ms. Smith asked what would happen if JABA pulls out. Mr. Huja said Council is only
    approving density, not what actually happens with the site.
    Mr. Steve Blaine, representing the applicant, said density was already approved. Zoning
    determines uses, not who is specifically involved in a project. The zoning ordinance already
    allows for housing with conditions per the SUP process.
    Ms. Katy Harrigan, the project architect, presented to Council. She explained how the
    updated design addressed previous issues.
    12
    Ms. Galvin thanked the applicants and said they have done a great job and come a long
    way in improving the site design. Mr. Huja said the applicant made the improvements Council
    asked for, and he supported the application.
    Ms. Smith said she is concerned that this development, with 30% low income housing in an
    area that is already concentrated with poverty, conflicts with our Comprehensive Plan and will
    negatively affect our schools.
    Ms. Szakos said the intent is that these will be senior apartments, and the plan to co-locate
    services with residents moves us towards the goal of getting cars off the street.
    Ms. Walden said the question for this site is primarily whether density of 21 units per acre
    is appropriate and reasonable for this site. Mr. Brown said the special use permit goes with the
    land and is not tied to any particular user or owner. Once you seek specific approval, you can
    ask for approval with conditions.
    The applicant said they would accept a lower percentage of low income housing.
    Ms. Smith said this is not a desirable site and asked who the target residents would be for
    this development. Mr. Rick Gregory, Principal at Fountainhead Development, described the
    PACE Center programming they use when developing these types of sites.
    Ms. Szakos moved to approve the resolution with the added language about lighting.
    Ms. Galvin said she wants to make sure the City presses forward with a traffic analysis for
    this area. Mr. Huja said this is a separate issue. Ms. Szakos said Council should still express
    their level of interest for staff.
    Ms. Galvin seconded the motion.
    The resolution passed. (Ayes: Ms. Szakos, Ms. Galvin, Mr. Huja; Noes: Mr. Norris, Ms.
    Smith).
    MATTERS BY THE PUBLIC
    Mr. Jim Rounsvell, 113 Monticello Rd., offered his assistance on the Belmont Bridge
    project. He said we should talk about design, not just cost.
    Ms. Rebecca Quinn, 104 4th St., said she was an avid proponent of dredging as an
    alternative to a big dam. However, dredging at this point would only be for recreational
    purposes, so she no longer supports it. She said the Rivanna Executive Director has always been
    an opponent of dredging and will do anything in his power to see that it does not happen. She
    asked how defined the line between the water and sewer budget is.
    13
    Mr. Raulf Braun, 1120 E. High St., said moving forward with the enhanced bridge as a
    design sounds like a good idea. He said issues with the underpass design have not even come to
    light yet because it has not been explored.
    Meeting adjourned.
    Clerk of Council
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    1
    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE HELD
    ON Monday, October 7, 2013, AT 4:00 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 Rice
    SECOND FLOOR CONFERENCE ROOM – October 7, 2013
    Council met in special session on this date with the following members present:
    Mr. Huja, Ms. Smith, Ms. Galvin, Ms. Szakos, Mr. Norris.
    On motion by Ms. Szakos, seconded by Ms. Smith, Council voted, (Ayes: Mr. Huja, Ms.
    Galvin, Ms. Smith, Ms. Szakos, Mr. Norris; Noes: None), to meet in closed session for (1)
    Discussion, consideration and interviews of prospective candidates for appointment to City
    boards and commissions, as authorized by Va. Code sec. 2.2-3711 (A) (1); and, (2) Consultation
    with legal counsel for specific legal advice regarding the negotiation of the terms and conditions
    of a cost sharing agreement with the Albemarle County Service Authority for the costs of the
    Rivanna Pump Station, as authorized by Va. Code sec. 2.2-3711 (A) (7).
    On motion by Ms. Smith, seconded by Ms. Szakos, Council certified by the following
    vote (Ayes: Mr. Huja, Ms. Galvin, Ms. Smith, Ms. Szakos, 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 CHAMBER - October 7, 2013
    ROLL CALL
    Council met in regular session on this date with the following members present: Ms. Smith, Mr.
    Norris, Ms. Szakos, Ms. Galvin, Mr. Huja.
    AWARDS/RECOGNITIONS
    Ms. Smith read a proclamation in honor of Disability Employment Awareness Month. Mr.
    Bruce Cauthen, Disability Services Board member representing WorkSource Enterprises, was
    present to accept.
    2
    Mr. Norris read a proclamation in honor of World Habitat Day. Habitat’s Development
    Manager, Ms. Katie Geisshuesler, was present to accept the proclamation and invited citizens to
    the Habitat benefit at the Paramount Theatre on October 10.
    Ms. Szakos read a proclamation for Domestic Violence Awareness Month. The Shelter for
    Help in Emergency staff was participating in a candlelight vigil and could not be present but
    thanked Council for their support.
    Mr. Huja asked Mr. Norris to read the resolution from Council's consent agenda to the
    Administrator of the Environmental Protection Agency in Support of Reducing Greenhouse Gas
    Pollution Under the Clean Air Act. On motion by Mr. Norris, seconded by Ms. Szakos, the
    resolution passed unanimously.
    Ms. Galvin announced the Charlottesville Community Career Conference tomorrow at the
    John Paul Jones Arena.
    Ms. Szakos announced the Southeast Energy Alliance awarded LEAP, the City of
    Charlottesville, Albemarle County and the Credit Union with Energy Pro3 awards, designed to
    highlight the productivity and progress achieved through energy efficiency programs across the
    Southeast. Ms. Cynthia Adams, Executive Director with the Local Energy Alliance Program,
    was present to recognize the recipients.
    Ms. Szakos announced the Parks and Recreation Department received an award for best
    new program.
    Mr. Norris announced the deadline to register to vote in the upcoming election is October
    15. Visit the Office of Voter Registration or go to www.charlottesville.org and download a
    registration application.
    Mr. Norris announced a national a rally on Capitol Hill on Saturday, October 26, from
    12:00 – 3:00 p.m. called "Stop Watching Us", which calls for a stop to mass surveillance. Go to
    rally.stopwatchingus.us for more information.
    Ms. Smith announced the RWSA will hold an open house from 5:00 – 7:00 p.m. on
    October 14 on the GAC project at the Moore's Creek Treatment Plant.
    Mr. Huja announced there are several openings for Boards and Commissions. Go to
    www.charlottesville.org/boards to apply; the deadline is 5:00 p.m. on October 15. Call the
    Clerk at 970-3113 for more information.
    On motion by Mr. Norris, seconded by Ms. Smith, the following WRPP nominations: for a
    one-year term, Rebecca Quinn and Charles Ward; for a two-year term, Trey Steigman and
    Alyson Sappington; for a three-year term, Brian Becker, David Hirschman, Morgan Butler, Meg
    Byerly Williams, and Leslie Middleton. (Ayes: Mr. Norris, Ms. Smith, Ms. Szakos, Mr. Huja,
    Ms. Galvin; Noes: None.)
    3
    MATTERS BY THE PUBLIC
    Mr. Brandon Collins, 418 Fairway Ave., said he is here to talk about redevelopment and
    the Rental Assistance Demonstration (RAD) program. He said RAD effectively eliminates public
    housing. There is not enough time to make a decision on this important issue.
    Mr. Tim Perrow, 415 Fairway Ave., said he needs bus 1-A. He is legally blind, and he
    cannot ride the City bus if it is moved to Chesapeake.
    Ms. Wendy Scognow, 415 Fairway Ave., said she does not like the bus route changes and
    the removal of Saturday routes. She said it is too hard for a blind person to learn a new bus route
    after eight years.
    Ms. Mary Williams, 415-B Fairway Ave., moved this summer and enjoys the
    neighborhood. Her mobility instructor taught her how to use the bus route and get home. She
    needs the route to stay as it is.
    Mr. Bruce Odell, 878 Locust Ave., President of the Martha Jefferson Neighborhood
    Association, said he is here on behalf of the board regarding the SUP at 925 E. Market St. The
    neighborhood is concerned about the aggregation of developments of that sort that have grown
    over the last few years in the City. The board does not object to the building per se, but wants a
    serious comprehensive evaluation of the overall plan. They also object to the details in the
    traffic report.
    Mr. Jim Rounsevell, 1113 Monticello Rd., said he is a member of the design team for the
    Belmont Bridge. He proposed a pedestrian bridge with an at-grade underpass for vehicular
    traffic.
    Ms. Joanie Freeman, 522 Ridge St., thanked Council for being green-oriented. She said
    there are many ideas that should be explored to make Charlottesville a more energy-efficient,
    walkable city.
    Mr. Dave Redding, 522 Ridge St., thanked Mr. Jones for his support at the September 28
    Cville Vegetarian Fest. This was the first zero-waste festival in Central Virginia, producing
    1,000 pounds of compost. He asked for a bike lane on Market Street along Locust Avenue,
    which currently only runs along one side. He thanked Mr. Norris for the Clean Air Act
    resolution.
    Mr. Jock Yellot, 311 E. Market St., said he supports the Tree Ordinance on the agenda.
    Mr. Harry Holsinger, 709 Rogue Ave., said he is here to talk about Martha Jefferson
    Neighborhood. He has great neighbors and a supportive community. Traffic is a huge issue,
    especially on Locust Ave., which is in danger of becoming another entrance corridor. He
    reviewed solutions the community has discussed with staff. He said we need more electronic
    speed limit signs in the City, especially on Locust Ave.
    4
    Ms. Emily Dreyfus, 3964 Loftland Dr., on behalf of the Legal Aid Justice Center on
    Preston Ave., said she opposes RAD. This is an alarming process that jeopardizes public
    housing. This process has not included meaningful resident participation. We do not need
    another Vinegar Hill in Charlottesville.
    Ms. Connie Rosenbaum, 802M Hardy Dr., said she is against RAD. We do not know
    enough about this program to even consider taking it on. The Housing Authority is non-existent.
    Also, she said the mayor should be elected by the public, not appointed by a Council vote. No
    one knows what will happen to the residents if RAD passes. The Housing Authority should
    answer the resident's questions.
    Mr. Jeff Fogel said he is against RAD. Council must intervene unless they are prepared to
    do away with public housing here in the City.
    COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
    Mr. Huja said there have been a number of comments about RAD, and he shares many of
    the same concerns. A meeting is being scheduled to discuss this issue. The Housing Authority
    has not made any decisions on the matter at the present time. Ms. Szakos asked about the
    timetable after a notice of intent is posted. Mr. Huja said it is scheduled to happen by the end of
    the year. Ms. Galvin asked what the plan is for communicating with the residents. Ms. Szakos
    said an application should go through City Council before it goes through the Housing Authority.
    Ms. Smith said we need to get the details on the RAD proposal.
    Ms. Smith thanked members of the Martha Jefferson Neighborhood for speaking about
    Locust. There are limitations because it is an arterial street, but we need to be on top of the
    impact new developments have on this area, as well as Meade Ave.
    Mr. Norris said he agrees with Ms. Smith about Martha Jefferson. He asked for more
    information from staff about the residents who are affected by the changes in bus routes along
    Fairway. We should not be afraid to readjust if needed. He said we do not know enough about
    RAD to know whether the bad outweighs the good. Potential lack of residential engagement is
    troubling. He agreed with Ms. Szakos that this should go through Council.
    Ms. Szakos said we should review Route 1A to take the impact to disabled citizens into
    consideration. The Locust Ave. and Meade Ave. routes are issues. We should create a
    streetscape schedule.
    Ms. Galvin said we need to start imagining ways the Housing Authority can evolve in a
    manner that will allow it to develop some of their own assets. We should examine other
    management models and think outside the box. The Comprehensive Plan is filled with language
    about the City's desire to become bike friendly, walkable, and decrease fossil fuels since 2003.
    We need to figure out the missing piece to get us from plan to implementation.
    5
    Mr. Maurice Jones said the changes to Route 1 are not as drastic as what was presented by
    the speakers during Matters by the Public. Mr. John Jones was asked to speak about the route.
    Mr. John Jones said there are some changes with how the bus travels through the streets,
    particularly in the Woolen Mills neighborhood. The elimination of Saturday service was based
    on a lack of Saturday ridership. Most Saturdays, there are as few as ten people on the route
    during the entire day. Low performing bus routes drag down the average and can affect grant
    funding. He said he can provide Council with a cost estimate of reestablishing a Saturday route.
    Ms. Szakos asked Mr. Jones to determine whether the route still travels down Fairway Ave.
    Council asked Mr. Jones to speak with JAUNT regarding options for Saturday/Sunday travel.
    CONSENT AGENDA* (Items removed from the consent agenda will be
    considered at the end of the regular agenda.)
    a. Minutes for September 16
    b. APPROPRIATION: Charlottesville High School Stadium Bleacher Replacement -
    Water Protection Performance Bond Release - $22,103.28 (2nd reading)
    c. APPROPRIATION: Victim Witness Assistance Program Grant - $176,057 (2nd
    reading)
    d. APPROPRIATION: Authorizing Police Cruiser Purchase - $214,000 (2nd reading)
    e. APPROPRIATION: Gordon Avenue Library Masonry Project - Albemarle County
    Reimbursement - $1,487.50 (carried)
    f. APPROPRIATION: Central Library Elevator Replacement - Albemarle County
    Joint Project Reimbursement - $4,708.19 (carried)
    g. APPROPRIATION: Reimbursement for Form Base Code Class Registration Fees -
    $400 (passed)
    h. APPROPRIATION: Emergency Solutions Grant - $57,715 (carried)
    i. RESOLUTION: Acquisition of Property for Parkland (Quarry Park near
    Monticello Avenue) - $212,500
    j. RESOLUTION: Special Use Permit for 723 Nalle Street
    k. RESOLUTION: Special Use Permit for 217 W. High Street
    l. RESOLUTION: In Support of Reducing Greenhouse Gas Pollution Under the
    Clean Air Act
    6
    m. RESOLUTION: Charlottesville Area Transit Advisory Board
    n. ORDINANCE: Abandonment of 1625 Brandywine Trail Access Easement (2nd
    reading)
    o. ORDINANCE: Supporting Equal Access to Employee Benefits for All Lawfully
    Married City Employees (2nd reading)
    p. ORDINANCE: Allowing the Local Courts to Assess a Courthouse Construction Fee
    (2nd reading)
    q. ORDINANCE: 250 Bypass Speed Limits (carried)
    Ms. Szakos said Quarry Park near Monticello Ave. is a really exciting opportunity for the
    City to incorporate some parkland in an historic part of town. She clarified that the Bypass speed
    limit is only for the duration of construction.
    Mr. Huja said regarding item m, we should add a member of City Council to the Transit
    Board. Ms. Smith supported the change.
    Ms. Galvin commended staff for engaging in the form based code class in item g.
    Ms. Szakos moved to approve the agenda with the added language to item m. Ms. Smith
    seconded. The consent agenda passed unanimously. (Ayes: Mr. Norris, Ms. Smith, Ms. Szakos,
    Mr. Huja, Ms. Galvin; Noes: None.)
    Ms. Szakos said she wanted to add a discussion of the request to Robert Hurt to Other
    Business. Mr. Huja said we should discuss it now because of the interest in this subject. On
    motion by Ms. Szakos, seconded by Ms. Smith, Council voted to send a letter in a form approved
    by Council to Rep. Hurt asking him to vote to release the continuing budget resolution for a vote.
    (Ayes: Mr. Norris, Ms. Smith, Ms. Szakos, Mr. Huja, Ms. Galvin; Noes: None.)
    PUBLIC HEARING / ORDINANCE: Dominion Power Easement for
    Undergrounding Lines at Meadow Creek Gardens Park (carried)
    Dominion Power Easement for Undergrounding Lines at Meadow Creek Gardens Park
    Mr. Gensic presented to Council.
    Ms. Smith confirmed that phone and cable poles will still be above ground. Mr. Huja
    asked why they are not undergrounded together. Mr. Gensic said staff can contact the other
    utility companies and see if there is a reason why they cannot do this. Ms. Smith asked if we
    7
    would lose any trees. Mr. Gensic said staff can take measurements to determine if any tree loss
    would occur.
    On motion, the public hearing was opened. Having no speakers, the public hearing was
    closed.
    Ms. Szakos asked Ms. Smith if she was comfortable moving forward on a first reading. On
    motion by Ms. Szakos, seconded by Ms. Smith, the motion carried.
    PUBLIC HEARING / ORDINANCE: Convey Right of Way at 1808 Meadowbrook
    Heights Rd. (carried)
    Convey Right of Way at 1808 Meadowbrook Heights Rd.
    Mr. Brown presented to Council. The owners of the property at 1808 Meadowbrook
    Heights Road have requested a conveyance of City right-of-way in order to build a decorative
    stone wall on their property. Based on a written concern of a neighbor, NDS staff said if a
    sidewalk were to be installed at that location in the future, it would go on the opposite side of the
    street.
    On motion, the public hearing was opened. Having no speakers, the public hearing was
    closed.
    Mr. Ed Lowry, owner of the property, offered to answer any questions Council may have.
    Ms. Szakos asked if the sidewalk would have been built on the opposite side regardless of
    whether or not the right-of-way is conveyed. Mr. Brown said the City engineer determined that
    it would go on the opposite side regardless of right-of-way conveyance.
    On motion by Mr. Norris, seconded by Ms. Smith, the ordinance carried.
    PUBLIC HEARING / ORDINANCE: Rivanna Water and Sewer Authority
    Easement for Rivanna Pump Station (carried)
    Rivanna Water and Sewer Authority Easement for Rivanna Pump Station
    Ms. Hildebrand presented to Council.
    Mr. Norris asked what will happen to the existing site once the pump station has been
    demolished. Ms. Hildebrand said this is open for negotiation. Mr. Norris asked staff to
    communicate our interest in incorporating this area into Riverview Park.
    On motion, the public hearing was opened.
    8
    Ms. Bitsy Waters, 1935 Thompson Rd., said she appreciated the comments about this.
    There is definitely a competition between underground utilities and tree roots. This is not a nobrainer.
    Having no further speakers, the hearing was closed.
    Ms. Smith thanked Ms. Waters for her comments and said we do need to negotiate risk.
    Ms. Galvin requested that staff meet with the Dominion representative about the issues.
    On motion by Mr. Norris, seconded by Ms. Szakos, the ordinance carried.
    RESOLUTION: SUP 925 E. Market St.
    SUP 925 E. Market St.
    Mr. Mike Smith presented to Council.
    Mr. Norris asked about the potential traffic impacts on Locust Ave. Mr. Tolbert said to
    impose conditions on a project, you have to prove a direct correlation between the project and its
    impact. Locust Ave. is recommended for a small area plan study in the future.
    Ms. Galvin said it is disappointing that there are two large garage door openings on a small
    street. She asked for further information about front elevation. The applicant, Mr. Rick Funk,
    VP of DBS Associates Architects, said the retaining wall starts at zero feet and ranges up to eight
    feet.
    Ms. Szakos asked if the rise will be smoothed out during this project. Mr. Smith said it is
    not included as part of the project, but it can be discussed.
    Ms. Smith asked about street trees. Mr. Funk said they are committed to the landscaping
    buffers, and they will maximize those throughout the project. Ms. Smith asked about the
    affordable housing rule. Mr. Keith London said they plan to comply, but until the final layout is
    set they cannot know exactly how many units will provide affordable housing. Council
    discussed affordable housing versus dollar contributions. There was not a consensus on which
    would be best.
    Ms. Galvin said there was room on this property to have its own alley, but the footprint has
    been maxed out, and you would have to go to adjacent land owners for permission. She asked if
    the consultant team on the Strategic Investment Area (SIA) has come up with any solutions to
    the need for a network of alleys. She asked if the City can start coming up with ways to grant
    alley easements. Mr. Tolbert said this can be reexamined, but it has already been attempted
    unsuccessfully.
    9
    Ms. Galvin said this provides density, but since we do not have clarity on our zoning at the
    moment, she said she cannot approve of a project that is still sorely missing some important key
    design features. We need a network plan for Locust Ave.
    Ms. Szakos said she agreed that pedestrian infrastructure is important, but this project does
    provide a lot of needed features, and the good outweighs the bad. She said she is concerned
    about traffic on Locust Ave.
    The resolution was moved by Ms. Szakos and seconded by Mr. Norris. (Ayes: Mr. Norris,
    Ms. Smith, Ms. Szakos, Mr. Huja; Noes: Ms. Galvin.)
    Mr. Norris asked to go on record as asking staff to expedite the traffic review on Locust.
    Mr. Brown clarified that the motion does not include condition #4 of the Planning
    Commission’s recommendations. Mr. Huja said it does not. Ms. Szakos said we could add
    language saying the applicant will reduce the number of garage entrances if possible, but
    understanding that it is not a requirement.
    Ms. Galvin read the resolution proposed by Mr. Odell. Mr. Jones said staff can come back
    to Council at the next meeting to let them know what this would take.
    ORDINANCE: Closing a Portion of Garrett St. (denied)
    Mr. Tolbert presented to Council. This is a request to close the stairs that go up to Ridge
    St. at the end of Garrett St. Staff and the Planning Commission recommended denial. This is in
    the Strategic Investment Area (SIA), and the recommendation will include that improvements be
    made to the area at a later time. Staff has offered to make temporary improvements to help with
    the issues going on at that location.
    Ms. Szakos moved to deny the ordinance because of SIA planning, future plans with the
    market, and other projects this may impede. The denial comes with the understanding that the
    reason the applicant brought this request forward is compelling. Ms. Galvin seconded the
    motion. Council voted to deny the ordinance. (Ayes: Mr. Norris, Ms. Smith, Ms. Szakos, Mr.
    Huja, Ms. Galvin; Noes: None.)
    ORDINANCE: Tree Conservation Ordinance (carried with revisions)
    Ms. Bitsy Waters presented to Council and explained the proposed ordinance.
    Mr. Huja asked if Section 18.11, Item 3 beginning with "If the City Arborist determines
    that the tree is dead...” came from state legislation. Mr. Harris said this is straight out of the state
    enabling legislation. Mr. Huja said sometimes trees deemed to be dead are not in fact dead. He
    asked how we will determine this. Mr. Harris said we will rely on our City Arborist. Mr. Huja
    said that worries him. Mr. Jones offered adding "confirmed by an outside source".
    10
    Ms. Szakos asked about the exceptions section and who decides if a tree is a threat. Mr.
    Harris said it depends on which department is dealing with the threat issue. Ms. Waters said we
    can discuss amendments with staff for the second reading. There needs to be coordination with
    departments regarding removal.
    Ms. Smith asked how a member of the public can nominate a public tree to the Tree
    Commission. Ms. Waters said a citizen can ask for any public trees to be considered for the
    ordinance. Mr. Harris said this was originally intended to apply to private trees to prevent an
    influx of requests. Staff can devise language that would limit how the requests come in.
    On motion by Ms. Smith, seconded by Ms. Galvin, the motion carried. Staff and members
    of the Tree Commission will come back for the second reading with revisions.
    REPORT: 2040 Long Range Transportation Plan
    Ms. Sarah Rhodes presented a powerpoint to Council.
    Ms. Szakos asked about the recent changes to the MPO. Ms. Rhodes said the CHART
    Citizen Advisory Committee recently changed their name to the Transportation Citizen Advisory
    Committee and reevaluated their role to be broader in the MPO framework. C-TAC is the same
    as CHART.
    Ms. Galvin asked what the state is funding for transit versus road improvements. Ms.
    Rhodes said she would need to do research and get back to her on that question. They have
    preliminary figures from DRPT and VDOT, and they are relatively close. Ms. Galvin asked
    where bike infrastructure would go. Ms. Rhodes said it could go under both.
    Mr. Norris asked about the proposed bridge over Rivanna into the Woolen Mills
    neighborhood. Ms. Rhodes said they are studying the impacts and are participating in a pilot that
    addresses the ecological process. The MPO is clear on the City's position regarding a bridge into
    Woolen Mills.
    REPORT: Promise Neighborhood Grant Update
    Mr. Sarad Davenport presented to Council. He gave an overview of enrollment numbers
    and programs and described the organization. An Internet Connectivity pilot program has been
    launched. He described their results-based leadership scorecard.
    Ms. Smith asked about their geographic boundaries. Mr. Davenport said it runs from 10th
    and Main to 10th and Grady, down to 4th, back up to 4th and Main. Jefferson is in the footprint.
    They deal with Venable and Burnley Moran schools. Ms. Smith asked if they have tried to
    figure out a way to allow kids in walking distance from Venable to attend the school. At Ms.
    Smith's request, Mr. Davenport explained the Justice Department grant.
    11
    OTHER BUSINESS: Letter to RWSA Regarding Odor Mitigation
    Ms. Galvin asked Council to approve a letter to the RWSA Chair regarding odor
    mitigation, which is affecting a large portion of the City. The letter states the goal of
    accelerating the odor control plan and provides cost implications for doing so.
    On motion by Ms. Szakos, seconded by Ms. Smith, the motion passed unanimously. (Ayes:
    Mr. Norris, Ms. Smith, Ms. Szakos, Mr. Huja, Ms. Galvin; Noes: None.)
    Ms. Smith said this is a county issue as well, because there have been complaints from as
    far as Martha Jefferson Hospital.
    Mr. Norris said our hand would be strengthened by offering some suggestions for funding.
    Ms. Galvin said there could be a follow-up letter, but this is just to put things in motion.
    OTHER BUSINESS: Designing Walkable Urban Thoroughfares in a Context-Sensitive
    Approach
    Ms. Galvin asked Council if there was general support for considering this on an upcoming
    agenda. This requires an advisory committee, and Ms. Galvin suggested including a time table.
    Ms. Szakos said staff should review this and make a recommendation to the Planning
    Commission to start the process.
    MATTERS BY THE PUBLIC
    Ms. Joy Johnson, 802 A Hardy Dr., asked Mr. Huja to be sure the monitors are turned on
    for the Housing Authority meetings. She said RAD is a "demonstration project" and moves away
    from federal protection. You can go on the Harvard cost study or HUD websites for more
    information. It is expensive to rebuild anything. There is a certain class of people we are leaving
    out.
    Mr. Brandon Collins, 418 Fairway Ave., said there was an eviction at Westhaven today that
    was perhaps an attempt to distract PHAR from dealing with RAD. PHAR was not aware of the
    eviction in advance, and this is a clear violation of the residence's bill of rights.
    Mr. Scott Bandy, Cherry Ave., said the long range transportation plan was edifying. He
    asked if staff considered relocating the City Market to the top of the Water Street parking garage.
    Mr. Bill Emory, 1604 E. Market St., said he is excited about the Tree Conservation
    Ordinance. Regarding walkable urban thoroughfares, most of the MPO projects are capacitybuilding
    projects that will tend to choke up rather than aid city bypass traffic.
    12
    Mr. Everett Yale, Hazel St., member of the Bike Safety Committee, said developing critical
    infrastructure before a crisis emerges severely lags behind actual development. Locust, Market,
    and Water Streets have become critical because of the new businesses and projects opening
    around this area, and it will be a crisis situation. Please ask NDS to consider traffic calming on
    Locust Ave.
    COUNCIL RESPONSE
    Mr. Norris said even though there are some good things about RAD, those do not outweigh
    the negative things we know of, such as loss of permanency.
    Mr. Huja said Council will consider the City Market at the October 21 Council meeting.
    Meeting adjourned.
    Clerk of Council
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    1
    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE HELD
    ON Monday, October 21, 2013, AT 4:00 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 Rice
    SECOND FLOOR CONFERENCE ROOM – October 21, 2013
    Council met in special session on this date with the following members present:
    Mr. Huja, Ms. Smith, Ms. Galvin, Ms. Szakos, Mr. Norris.
    On motion by Ms. Szakos, seconded by Ms. Smith, Council voted, (Ayes: Mr. Huja, Ms.
    Galvin, Ms. Smith, Ms. Szakos; Noes: None; Absent at time of vote: Mr. Norris), to meet in
    closed session for discussion, consideration and interviews 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. Galvin, Ms. Smith, Ms. Szakos, 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 - October 21, 2013
    Council met in regular session on this date with the following members present: Ms. Smith, Mr.
    Norris, Ms. Szakos, Ms. Galvin, Mr. Huja.
    AWARDS/RECOGNITIONS
    Ms. Galvin read a proclamation in recognition of Pastoral Care Week. Ms. Mildred Best
    and Mr. Jim Darin were present to accept the proclamation and thanked Council for their
    support.
    Mr. Huja read a proclamation in honor of Mr. Mark Beliles for his service on the Historic
    Resources Committee. Mr. Beliles thanked Council for their recognition and his wife for her
    support.
    Mr. Huja recognized the Boy Scouts troop present at the meeting.
    2
    Ms. Galvin announced Charlottesville was ranked one of the top 100 places to live by
    Liveability.com.
    Ms. Szakos announced a family-friendly Pumpkin Carving Contest on Friday, October 25
    at 5:45 p.m. at the Carver Recreation Center. The Downtown Safe Halloween Festival will take
    place on Saturday, October 26 from 2:00 PM - 5:00 PM at the nTelos Wireless Pavilion. Also,
    Doggie "Howl"-o-ween will take place Wednesday, October 30.
    Ms. Smith announced the Big Brothers / Big Sisters organization is seeking adults who are
    interested in serving as a mentor for children in our community. They currently have 150
    children waiting for a Big Brother or Big Sister and welcome volunteers able to commit one to
    three hours per week. Contact the group at 244-0882 for more information. Also, the next Our
    Town Charlottesville will take place this Thursday, October 24 at 6:00 p.m. at Burley Middle
    School for the Rose Hill and Kellytown Neighborhoods.
    Ms. Smith read a proclamation in recognition of First Baptist Church's 150th Anniversary.
    Mr. Norris said the City is seeking an evergreen tree donation for the Grand Illumination,
    which will take place Friday, November 29 on the Downtown Mall. Please contact Tim Hughes
    at 970-3587 if you are interested in donating a tree.
    Mr. Norris announced that November 5 is Election Day. Please call Voter Registration at
    970-3250 if you have any questions about your voting location or voter requirements.
    Mr. Huja moved the City Market agenda item to follow Hillsdale Drive.
    MATTERS BY THE PUBLIC
    Ms. Mary Gilliam, 218 West South St., said she and her neighbor, who have lived on South
    Street for over 20 years, are both against the sale of the South Street lot to a private developer.
    She said the City should maintain a low scale on that side of the street.
    Mr. Jim Rounsevell, 1113 Monticello Rd., said he was a member of the Belmont Bridge
    design team. The public does not want another highway overpass bridge.
    Ms. Lena Seville, 808 Altavista Ave., said the meetings she has attended on the City
    Market gave information that contradicts the Council report provided for tonight's agenda item.
    There are other locations that have not been examined that should be. She said the City offered
    different lease arrangements with different locations, and that is not fair.
    Ms. Kim Rolla, 613 Rives St., staff member on Legal Aid Justice Center, said CRHA
    should not apply for the RAD program in 2013 because there has not been resident participation
    or adequate explanation of how the City will meet the goal of affordable housing for all if this
    program is implemented. There is not time to meaningfully engage with residents in time to
    apply for 2013.
    3
    Mr. Brandon Collins, 418 Fairway Ave., said he supports Ms. Rolla’s position. The
    Housing Authority does not follow process. Long-term affordability of housing in Charlottesville
    is in jeopardy.
    Mr. Louis Shultz, 1809 E. Market St., said he is here to talk about property rights. He said
    he gave Council a document at the Our Town meeting on October 3 called "Notes on Steep Hill
    Street" saying staff members illegally seized private property on April 29, 2010. Council has not
    responded or attempted to repair the damages done. He asked for an investigation of his
    allegations with a report to public, training to City employees regarding property rights, and an
    update to City maps to include paper streets and alleys.
    Ms. Cynthia Viejo, 732 Merion Greene, said she appreciated the City Market item being
    shifted to earlier in the meeting. This item needs to be thoroughly discussed. She is a
    REALTOR, a vendor at the City Market, and a resident since 1979. She said the City should
    fully appreciate the value of the City Market. Moving the market across the railroad tracks will
    be the death of the City Market.
    Mr. Brian Wimer, 704 Graves, said the original study saying the bridge is no longer viable
    was done by MMM, the same company that was then hired to design a new bridge. They have
    been involved with every step of the process, and he has had enough of MMM. We should find
    someone else to build the bridge. We should give Election Day off from work to make it
    important and improve voter turn-out. He offered ideas to increase voter turn-out and educate
    voters about the issues.
    Ms. Nancy Carpenter, 727 Denali Way, said she is in agreement with Ms. Rolla and Mr.
    Collins in regards to HUD's RAD program. We need to find answers before the City destroys
    public housing. Region 10 will be temporarily relocated to Old Lynchburg Road, and she is
    concerned about how consumers will safely get to the temporary office building. She asked the
    City, County, VDOT and CAT to work together to make sure bus riders can reach the building
    safely.
    Ms. Janet Job, 722 Merion Green, read a letter from an out of town visitor, Trisha Johnson,
    who visits the City Market and asked Council to keep the City Market where it is.
    Ms. Amanda Welch, Louisa County, said she is a vendor at the City Market, and it is a very
    important part of the downtown fabric. Moving it away from the Downtown Mall will ruin this
    connection.
    COUNCIL RESPONSE
    Ms. Szakos said we cannot by law declare Election Day as a holiday, but she does want us
    to offer free bus service on Election Day, as we have in the past. She asked staff to examine the
    concern Ms. Carpenter brought forth regarding transportation to the temporary Region 10
    building.
    4
    Ms. Galvin asked Mr. Jones why Mr. Pete O'Shea and Mr. Jim Rounsevell are no longer
    part of the bridge design team. Mr. Jones said he will provide Council with some background.
    She asked about Ms. Seville's comment on the difference between the easing arrangements with
    City Market locations. Mr. Jones when the task force looked at the IX property, a five year lease
    was requested. Staff determined that time frame would not be appropriate, given the
    circumstances. Ms. Galvin also asked for an update on the RAD Program.
    Ms. Smith thanked speakers for sharing their thoughts about the City Market. She said she
    loved Mr. Wimer's ideas about incentivizing voters, and if this is legal we should implement a
    plan before registration closes next time. Old Lynchburg Road is not safe to travel down for a
    pedestrian, and she supported exploring solutions for access to the temporary Region 10 site. She
    asked for more information about the existing voucher model and how it compares to the RAD
    Program.
    Mr. Norris said CRHA, PHAR and Council unanimously adopted a Resident's Bill of
    Rights, which calls for a meaningful inclusion of residents to guide the process. As soon as we
    received word that the RAD Program opportunity was available through HUD, there should have
    been a conversation and meaningful participation with the residents to guide a decision on this
    matter. He agreed that Council should take a look at the RAD Program. He thanked Mr. Wimer
    for his comments on the bridge. He thanked Ms. Carpenter for bringing the Region 10
    transportation issues to Council's attention.
    On motion by Mr. Norris, seconded by Ms. Smith, the following appointments were made
    to the Human Rights Commission: Amy Sarah Marshall, Claudette Gohanna, Christopher
    Broom, Aidyn Mills, Selena Cozart O’Shaughnessy, Sarah Lane Krishnaraj, Seth Wispelway,
    Ann Smith, Dorenda Johnson, Sue Lewis, and Sterling Akins. (Ayes: Mr. Norris, Ms. Smith, Ms.
    Szakos, Ms. Galvin, Mr. Huja; Noes: None.)
    Mr. Huja said this is an important commission, and he thanked the applicants. Ms. Szakos
    said we had an amazing pool of applicants.
    CONSENT AGENDA
    Ms. Smith confirmed the parking ticket waiver on the consent agenda does not apply to
    violations in handicapped spots. Also, if someone deliberately abused the privilege and parked
    for an extended period of time, that individual may receive more than one ticket while parked,
    and the waiver would only apply to the first ticket. Ms. Szakos reminded citizens that this does
    not take effect immediately.
    Ms. Smith said there were some issues brought up regarding undergrounding at
    Meadowcreek. She asked for a brief update. Mr. Daly said we have been in touch with other
    utilities that have lines on the poles in Meadowcreek Gardens. Comcast has agreed to allow their
    lines to be undergrounded, and the phone company is no longer using the lines. Dominion will
    remove the poles and hopes to reuse the wood for trail bridges. If we encounter root intrusion we
    5
    will discuss possible solutions, including pruning. Ms. Smith said we have a lot to learn about
    granting easements.
    On motion by Ms. Szakos, seconded by Ms. Smith, the consent agenda passed
    unanimously.
    Ms. Smith said there are many wires throughout the City that may be dead, and we should
    look into this. (Ayes: Mr. Norris, Ms. Smith, Ms. Szakos, Ms. Galvin, Mr. Huja; Noes: None.)
    a. Minutes for October 7
    Minutes for October 7
    b. APPROPRIATION: Gordon Avenue Library Masonry Project - Albemarle County
    Reimbursement - $1,487.50 (2nd reading)
    Gordon Avenue Library Masonry Project
    c. APPROPRIATION: Central Library Elevator Replacement - Albemarle County
    Joint Project Reimbursement - $4,708.19 (2nd reading)
    Central Library Elevator Replacement
    d. APPROPRIATION: Emergency Solutions Grant - $57,715 (2nd reading)
    Emergency Solutions Grant
    e. APPROPRIATION: State Criminal Alien Assistance Program (SCAAP) Grant for
    2012-H4398-VA-AP for $9,634 (carried)
    State Criminal Alien Assistance Program (SCAAP) Grant
    f. APPROPRIATION: Charlottesville Area Transit Insurance Claim Recovery -
    $9,321.20 (carried)
    Charlottesville Area Transit Insurance Claim Recovery
    g. APPROPRIATION: Community Development Block Grant Funds for VIEW
    (Virginia Initiative for Employment not Welfare) Career Training - $12,955
    (carried)
    Community Development Block Grant Funds for VIEW
    h. APPROPRIATION: Virginia Juvenile Community Crime Control Act Grant
    (VJCCCA) - $452,704 (carried)
    6
    Virginia Juvenile Community Crime Control Act Grant
    i. RESOLUTION: Blue Ridge Juvenile Detention Commission Agreement
    Amendment
    Blue Ridge Juvenile Detention Commission Agreement Amendment
    j. RESOLUTION: Parking Ticket Waiver Program
    Parking Ticket Waiver Program
    k. ORDINANCE: 250 Bypass Speed Limits (2nd reading)
    250 Bypass Speed Limits
    l. ORDINANCE: Dominion Power Easement for Undergrounding Lines at Meadow
    Creek Gardens Park (2nd reading)
    Dominion Power Easement for Undergrounding Lines at Meadow Creek Gardens Park
    m. ORDINANCE: Convey Right of Way at Meadowbrook Heights (2nd reading)
    Convey Right of Way at Meadowbrook Heights
    n. ORDINANCE: Rivanna Water and Sewer Authority Easement for Rivanna Pump
    Station (2nd reading)
    Rivanna Water and Sewer Authority Easement for Rivanna Pump Station
    RESOLUTION: TRANSFER OF FUNDS TO CONSTRUCT A SECTION OF
    HILLSDALE DRIVE - $300,000
    Transfer of Funds to Construct a Section of Hillsdale Drive
    RESOLUTION: HILLSDALE DRIVE PHASE II IMPROVEMENTS -CITY/CEDA
    AGREEMENT
    Hillsdale Drive Phase II Improvements -City/CEDA Agreement
    Mr. Tolbert and Mr. Engel presented to Council.
    Mr. Tolbert explained Hillsdale Drive Extension landscape opportunities.
    7
    Mr. Engel said this entails an agreement to entitle the City to move the money required to
    complete the road to City standards.
    Ms. Szakos asked what the estimated time for completion would be. Mr. Tolbert said it
    will likely begin in 2015.
    Ms. Galvin asked if there is a small area plan associated with this area. She asked if there is
    an understanding about future infill possibilities at this location. Mr. Tolbert said there was a
    study completed a few years ago that examined those issues. There are no further studies planned
    at this time, although staff does have a rough idea of future plans from the Hydraulic/29/250
    study.
    Ms. Smith asked if Phase Two in the full Hillsdale extension will use Line Drive and Zan
    Road. Mr. Tolbert said it will. Ms. Smith said she hopes Phase Two will make more sense than
    the current traffic pattern.
    On motion by Ms. Smith, seconded by Mr. Norris, the fund transfer was approved. (Ayes:
    Mr. Norris, Ms. Smith, Ms. Szakos, Ms. Galvin, Mr. Huja; Noes: None.)
    On motion by Ms. Szakos, seconded by Ms. Smith, the CEDA agreement was approved.
    (Ayes: Mr. Norris, Ms. Smith, Ms. Szakos, Ms. Galvin, Mr. Huja; Noes: None.)
    REPORT: City Market Study
    City Market Study
    Mr. Engel presented to Council. He reviewed the work of the consultant on the various City
    Market options. He asked Council for direction about the ground lease on Garrett Street and
    whether Council is interested in entertaining a process to potentially sell the property the City
    owns on Water Street where the market currently takes place. Council needs to consider where
    the market will be moved while redevelopment is occurring on the Water Street lot.
    Ms. Szakos asked if we can go forward with an RFP but wait on a final decision. Mr. Engel
    said you can structure the RFP to accomplish this, but Council should be serious about their
    course of action before asking for proposals.
    Ms. Galvin said Council has to ask whether they are willing to use the entire site for the
    market or determine that it has to be developed. Mr. Huja said he would be opposed to using it
    for the City Market alone; he supports mixed use development.
    Ms. Szakos said she is leaning towards an RFP because as much as she wants the City
    Market to stay where it is now, she does not believe that is ultimately viable. Ms. Galvin said an
    RFP has to have design standards built in that reflects Council's intentions for that area.
    8
    Council asked staff to draft an RFP incorporating the City Market at its current size at the
    minimum, incorporating mixed use development and parking.
    Mr. Norris asked if there is something short of an RFP that allows us to flesh out the
    options before we have local developers putting time and money into a proposal that we are not
    sure about. Mr. Engel said staff will examine the options. Council supported seeking RFQs.
    RESOLUTION: REVISIONS TO THE ARCHITECTURAL DESIGN CONTROL (ADC)
    DISTRICTS DESIGN GUIDELINES FOR LONG-TERM TENTS AND MURALS
    Revisions to the Architectural Design Control (ADC) Districts Design Guidelines
    Ms. Scala presented to Council on revisions to design guidelines. She reviewed the BAR's
    preferences for guideline revisions and gave current examples of tents at existing restaurants.
    Currently all requests for tents have been resolved, and there are no outstanding requests.
    The BAR is seeking to add guidelines used in Richmond to govern murals. The guidelines
    require recommendation by the BAR and adoption by City Council.
    Ms. Galvin asked if there was any mention in the Richmond guidelines of public
    participation and engagement of the neighborhoods adjacent to the murals, which is currently
    missing from our guidelines. Ms. Scala said this is not a part of the current guidelines, but she
    can see the reasoning behind such a suggestion. She said number two under the “Public Art,
    Statues and Fountains” section of the guidelines does address placemaking.
    Ms. Szakos asked if anything that exists now would be grandfathered in under the new tent
    guidelines. Ms. Scala said the ones approved for last season will have to go through the approval
    process again next season.
    Ms. Szakos asked if tents could be approved in front of a contributing structure. Ms. Scala
    said they could be approved, but it is suggested that they not be erected in front of contributing
    structures. Prominence of location also makes a difference.
    Ms. Szakos asked if BAR was unanimous in their recommendation; Ms. Scala said the vote
    was 8-0.
    Mr. Norris asked Mr. Ross McDermott from the Cville Mural Project if he was satisfied
    with the guidelines as proposed. Mr. McDermott said he was.
    On motion by Ms. Smith, seconded by Ms. Szakos, the resolution passed unanimously.
    (Ayes: Mr. Norris, Ms. Smith, Ms. Szakos, Ms. Galvin, Mr. Huja; Noes: None.)
    9
    RESOLUTION: 144 CHANCELLOR STREET - APPEAL OF BAR DECISION
    144 Chancellor Street - Appeal of BAR Decision
    Ms. Scala presented to Council. Mr. Bill Adams was also present. The applicants are
    appealing a decision to deny the request to demolish 144 Chancellor Street because the building
    classifies as a contributing historical structure. The BAR vote was 7-0 to deny the request.
    The applicant, Mr. Eric Antman, presented to Council on behalf of the Delta Zeta
    Corporation. He said his firm has a long tradition of historic preservation, and this is an earnest
    and considered request for demolition. The professional and economic feasibility study showed
    that the building is in a state of failure, unsound for occupancy. Attempting reconstruction
    would be an irresponsible use of funds.
    Ms. Smith asked Ms. Scala when this building was deemed historic. Ms. Scala said the
    district was put into place in 2003.
    Mr. Bill Adams, Chair of the BAR, presented to Council, said allowing this property to be
    demolished sets a dangerous precedent of demolition by neglect and incentives owners not to
    maintain property. The structural state of the building points to lack of maintenance on the part
    of the owner, who has owned the building for 34 years. The building has been empty since
    1998. He also cited historical significance for denying the demolition.
    Mr. Norris confirmed that the building was only in use as a school for about ten years. He
    asked what harkens to its use as a school building in its current form. Mr. Adams said it is still
    identifiable as a single room school house.
    Ms. Smith asked why Delta Zeta purchased the building. Mr. Antman said he suspects
    there was neglect on the part of a disorganized local chapter that was incapable of taking proper
    stewardship of the building, at which time the building was transferred to the national
    organization from the local chapter. Mr. Antman said the local Delta Zeta chapter intends to
    build an addition of similar scale and structure to the current building.
    Ms. Smith said she feels we need to uphold the BAR's decision. We are losing our history
    quickly, and demolition by neglect is disturbing.
    On motion by Ms. Smith, seconded by Ms. Szakos, Council voted to uphold the BAR's
    decision for the same reasons the BAR put forward, which was the loss of an early 20th century
    vernacular school building and the owner’s lack of building maintenance given the length of time
    of ownership. (Ayes: Mr. Norris, Ms. Smith, Ms. Szakos, Ms. Galvin, Mr. Huja; Noes: None.)
    10
    REPORT: STRATEGIC ACTION TEAM: GROWING OPPORTUNITY
    IMPLEMENTATION PLAN
    Strategic Action Team: Growing Opportunity Implementation Plan
    Mr. Engel and Ms. Lee presented to Council. Ms. Lee reviewed the Strategic Action Team
    (SAT) report, which included an overview of the workforce climate in Charlottesville, seven
    major barriers to employment for low-income City residents, and recommendations from the
    team on how these barriers can be addressed in order to put residents on a path to selfsufficiency.
    Additionally, the SAT made several overarching, higher impact recommendations
    not tied to any barrier in particular.
    Ms. Galvin asked if anyone on the ABRT team has workforce development experience.
    Mr. Murphy said he can share the full ABRT list with Council. Ms. Lee said Ms. Barbara
    Kessler has joined the ABRT team.
    Ms. Galvin said it is important to get perspective from members of the neighborhoods
    targeted in the various projects. Ms. Lee said staff will work to do this.
    Mr. Engel spoke about adding a citizen position. Mr. Norris and Ms. Szakos agreed that
    citizen representation is important.
    Mr. Mike Murphy said staff is studying peer-to-peer networks and will bring a report to
    Council on the Needs Assessment in March. Ms. Lee said once the needs assessment is
    completed, staff will fill the citizen representative position. Mr. Engel said staff will present
    names to Council for official appointment.
    Mr. Engel said Council flagged the overarching recommendation on the Downtown
    Satellite Center as a priority. This will not supplant the services of the Workforce enter on
    Hydraulic Road.
    Ms. Smith asked staff to come back to Council for clarity on the role of the satellite office
    so they can ensure the $150,000 is leading to the results and information Council seeks.
    Mr. Norris said there was a brief discussion regarding easing barriers to ex-felons. Other
    states have adopted a "Ban the Box" policy, where positions are open to any applicant regardless
    of criminal history. Ms. Szakos said criminal history goal two alludes to that. Mr. Murphy said it
    is our Human Resources Department does not believe this is a good option for us at this time.
    However, staff is working to provide additional training for hiring managers about what our
    policies are and evaluating applicants based on their merits instead of whether the box gets
    checked. Mr. Jones said no decisions have been made by Human Resources on a "Ban the Box"
    policy at this time.
    Mr. Norris said he wants the public to be aware of the date for the Economic Summit on
    Skilled Trades Jobs on December 10 at the Carver Recreation Center beginning around 8:30 a.m.
    11
    Ms. Szakos said we have a large number of immigrants and refugees in the community
    with a language barrier. Also, there are people who have licenses, but they are not valid here,
    and we need to keep these folks on our radar.
    Council supported the recommendations unanimously.
    MATTERS BY THE PUBLIC
    Mr. Scott Bandy, Cherry Ave., said Old Lynchburg Road remains unsafe between
    Middleton and Azalea Park.
    The meeting was adjourned.
    Clerk of Council
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    1
    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE HELD
    ON Monday, November 4, 2013, 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 Rice
    SECOND FLOOR CONFERENCE ROOM – November 4, 2013
    Council met in special session on this date with the following members present:
    Mr. Huja, Ms. Smith, Ms. Galvin, Ms. Szakos, Mr. Norris.
    On motion by Ms. Smith, seconded by Ms. Szakos, Council voted, (Ayes: Mr. Huja, Ms.
    Galvin, Ms. Smith, Ms. Szakos, Mr. Norris; Noes: None; Absent at time of vote: Mr. Norris), to
    meet in closed session for (1) 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, (2) 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 the
    costs of the Rivanna Pump Station, as authorized by Va. Code sec. 2.2-3711 (A) (7); and, (3)
    Consultation with legal counsel for legal advice regarding the negotiation of the terms and
    conditions of a fire services agreement with Albemarle County, as authorized by Va. Code sec.
    2.2-3711 (A) (7).
    On motion by Mr. Norris, seconded by Ms. Szakos, Council certified by the following
    vote (Ayes: Mr. Huja, Ms. Galvin, Ms. Smith, Ms. Szakos, 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 - November 4, 2013
    ROLL CALL
    Council met in regular session on this date with the following members present: Ms. Smith, Mr.
    Norris, Ms. Szakos, Ms. Galvin, Mr. Huja
    AWARDS/RECOGNITIONS
    Mr. Norris announced the City was awarded Platinum Certification in the VML 2013 Go
    Green Award challenge. Ms. Riddervold was present to accept the award and thanked staff and
    Council for their support. Mr. Norris also announced the new Public Works Department
    2
    Facilities Maintenance Building received LEED Gold Certification after a major renovation.
    Project Manager Tim Breitenbach was present to accept the award. The ecoREMOD energy
    house at 608 Reid Street also received a LEED Platinum Certification. Ms. Kathy McHugh was
    present to accept the award for this project and thanked Council for their leadership and UVA
    and sponsors for their support.
    Mr. Norris announced that President Obama released his Climate Action Plan recently, and
    Council will sign a letter in support of the President's plan. Ms. Smith asked Council to include
    the resolution we passed at our last meeting in support of the EPA.
    Mr. Norris announced the election openings tomorrow. Polls will be open from 6:00 a.m. -
    7:00 p.m. Go to charlottesville.org/vote for more information. Ms. Szakos announced the CAT
    buses will be free tomorrow to assist in transportation.
    Ms. Galvin announced the City is asking for a large evergreen tree to be donated for the
    Grand Illumination, the City's holiday tree lighting celebration. The event will take place on
    November 29 on the Downtown Mall. Contact Tim Hughes if you would like to donate a tree.
    Ms. Galvin announced the next Our Town Charlottesville meeting will take place
    Thursday, November 7 for the Venable/Lewis Mountain/JPA/University neighborhoods at
    Venable Elementary School from 6:00 p.m. - 8:00 p.m.
    Ms. Szakos read a proclamation for Col. Ronald Matthews in recognition of his service as
    Superintendent of the ACRJ upon his retirement. Col. Matthews was present to accept the
    proclamation and thanked Council for their recognition.
    Ms. Szakos announced the application period is open for the Neighborhood Leadership
    Institute for the 2014 program. The deadline to apply is December 15. Go to
    www.charlottesville.org and click on the “I Want To”  “Apply For” for the application. She
    also announced City Hall is closed for the Thanksgiving holiday on Thursday and Friday,
    November 29-30.
    Mr. Huja announced the applicant for the Meadowbrook Flats has requested deferral until
    the November 18 meeting.
    Ms. Szakos announced the City of Promise film is being featured in the Film Festival.
    MATTERS BY THE PUBLIC
    Mr. Alex Hancock, Eaton Rd., said he is here to speak on property rights. The City is
    missing the long-term impacts of approving SUP and density increases without true clarification
    for the reasoning behind approvals.
    Mr. Brandon Collins, 418 Fairway Ave., thanked Councilors for attending the RAD
    training sessions earlier in the day. The Housing Authority and City staff has a lot of work to do
    3
    before a decision can be made on RAD. He said housing has to be a priority to address poverty
    and homelessness in the City.
    Ms. Nancy Carpenter, Albemarle County resident, said 1.2 million students from US public
    schools live in homelessness. She asked Council to continue to strive to employ affordable
    housing strategies.
    Mr. Jim Rounsevell, 1113 Monticello Rd., said we ranked below average in economics,
    housing and demographics in a recent Livability.com survey. He said he is particularly
    concerned about the City's infrastructure and the impact on its economic health. Rebuilding the
    Belmont Bridge contradicts the City's vision as a green city.
    Mr. Luis Shultz, 1809 E. Market St., said he spoke to Council at the Woolen Mills Our
    Town neighborhood meeting and at the Council meeting on October 21, accusing staff of
    illegally seizing private property. He received a letter from Mayor Huja denying his request for a
    hearing. He asked for Council to reconsider this decision.
    Mr. John Cruickshank, 324 Parkway St., thanked Council for signing the letter of support
    for President Obama's Climate Action Plan.
    COUNCIL RESPONSE
    Mr. Huja said Mr. Shultz's letter included options for what he can do, and the accusations
    he is leveling against him are not valid. Ms. Szakos said the City Attorney has advised Mr.
    Shultz that he should go through the court system if he wishes to peruse legal action. Council
    meetings are not an appropriate forum for this topic.
    Mr. Norris thanked Ms. Carpenter for bringing attention to the homelessness issue, which
    is a very important matter.
    Ms. Galvin said we are growing homelessness by failing to grow an economy where people
    can work with dignity. She said Council has made good strides to reducing the obstacles for
    employment and continues their commitment to affordable housing.
    Ms. Smith said there are a series of white papers provided during the homelessness
    symposium that covered several aspects of homelessness. She encouraged citizens to read them.
    She was concerned the "Housing First" approach puts all our eggs in one basket, and few
    problems have a one shot solution. We should continue looking at the problem holistically. She
    thanked Mr. Cruickshank and the Sierra Club for bringing forward the letter of support for
    President Obama's climate plan. She said she is comfortable that the City has done right by its
    obligations to fix the sewer problems where Mr. Shultz's property is involved.
    4
    CONSENT AGENDA
    a. Minutes for October 21
    Minutes for October 21
    b. APPROPRIATION: State Criminal Alien Assistance Program (SCAAP) Grant for
    2012-H4398-VA-AP for $9,634 (2nd reading)
    State Criminal Alien Assistance Program (SCAAP) Grant
    c. APPROPRIATION: Charlottesville Area Transit Insurance Claim Recovery -
    $9,321.20 (2nd reading)
    Charlottesville Area Transit Insurance Claim Recovery
    d. APPROPRIATION: Community Development Block Grant Funds for VIEW
    (Virginia Initiative for Employment not Welfare) Career Training - $12,955 (2nd
    reading)
    Community Development Block Grant Funds for VIEW
    e. APPROPRIATION: Virginia Juvenile Community Crime Control Act Grant
    (VJCCCA) - $452,704 (2nd reading)
    Virginia Juvenile Community Crime Control Act Grant
    f. APPROPRIATION: Runaway Emergency Shelter Program Grant - $198,389
    (carried)
    Runaway Emergency Shelter Program Grant
    g. APPROPRIATION: Gordon Avenue Library Masonry Project - Albemarle County
    Reimbursement - $33,905.81 (carried)
    Gordon Avenue Library Masonry Project
    h. RESOLUTION: Sale & Purchase Agreement Amendment for Elliott Avenue with
    Southern Development & Greater Charlottesville Habitat for Humanity
    Sale & Purchase Agreement Amendment for Elliott Avenue
    i. RESOLUTION: Addition of Bike/Pedestrian Committee Member to PLACE
    Design Task Force
    5
    Bike/Pedestrian Committee Member to PLACE
    j. RESOLUTION: Setting Rate for Payment in Lieu of Parking
    Setting Rate for Payment in Lieu of Parking
    Ms. Smith asked about item h regarding the Elliott Avenue site. Under 1.1(b) of the
    Development Plan, it states the condition that Public Housing residents are eligible for 25% of
    the affordable units and Habitat will work with them. She requested that written notice would be
    provided along with documentation. She confirmed that the time in the resolution is six months.
    She asked if anything has been found during testing at the site. Ms. Smith asked staff to report
    what they find as they go along. She asked what the delay is. Ms. McHugh said they itemized 3
    specific issues: 1) incorporating green components into the design, including an item not
    currently permitted by City code; 2) the site survey showed a different property outline than what
    the City GIS mapping program showed; and 3) work with the Tree Commission to incorporate
    trees that suffered some conflicts with power lines. Ms. Smith asked for a status update on the
    sidewalk from Elliott up to Ridge Street.
    Ms. Galvin asked Mr. Jones about street trees and how to accommodate them.
    Ms. Szakos said we have over half a million dollars in grant funding for youth initiatives in
    the City, and said the work of our Department of Human Services is very important.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the consent agenda passed
    unanimously.
    ORDINANCE: Dominion Power/Century Link Easements for RWSA's Ragged
    Mountain Dam Project (carried)
    Dominion Power/Century Link Easements for RWSA's Ragged Mountain Dam Project
    Mr. Brown presented to Council. The first ordinance is a conveyance of an easement to
    Virginia Dominion Power, and the second ordinance is a conveyance of an easement to Century
    Link, both of which arise as a result of construction on the Ragged Mountain Dam.
    Ms. Smith asked if the gravel roadway and the clearing were there before the project
    started. Mr. Doug March, Senior Civil Engineer for Rivanna, said the roadway in question is
    what will cross over the new earthen dam. Ms. Smith said there were many people who were
    involved in this project and acknowledged the value of community engagement.
    On motion by Ms. Galvin, seconded by Ms. Szakos, both easements carried.
    6
    ORDINANCE: Tree Conservation Ordinance (2nd reading)
    Tree Conservation Ordinance
    Mr. Maynard Sipe, Vice Chair of the Tree Commission, presented to Council. The
    Commission recommended approval in the form as presented in Council's materials this evening.
    Mr. Huja asked about consulting the City Arborist. Mr. Sipe said the Commission
    determined this would over-complicate the process and felt comfortable relying on the expertise
    of the City staff's arborist. Changes may be made in the future if there appears to be issues.
    Ms. Smith asked about the section regarding tree removal in conjunction with development
    activity. Mr. Sipe said the intention was that the City arborist would be consulted to evaluate the
    impacts of development before it happens. This is intended to be a proactive requirement to
    ensure protection for the tree if the impact cannot be avoided. Mr. Harris explained that if there
    is a possibility City work may damage a tree, it will then go to the Tree Commission for a
    recommendation for action to Council. Ms. Szakos said it should read "a request to proceed
    shall be submitted", because it currently reads as though a request for removal is the only option.
    Mr. Harris said he will change the wording to align with the intent of Council.
    Mr. Brown said if the City Arborist determines the tree would be damaged and the City
    wishes to continue with the land-disturbing activity, it will then come before Council.
    On motion by Mr. Norris, seconded by Ms. Szakos, the ordinance was approved with
    amendments to clarify that a designated tree determined to be in danger of damage by City work
    will be evaluated prior to any work being conducted, and that Council would be afforded the
    opportunity to direct that additional precautionary measures be taken to preserve the tree, or in
    the alternative, whether the tree should be removed were approved.
    RESOLUTION: Authorizing Use of Green City Initiative Funds for a Mini-Grant
    Incentive Electric Vehicle Charging Network - $50,000
    Authorizing Use of Green City Initiative Funds for a Mini-Grant Incentive Electric Vehicle
    Ms. Susan Elliott presented to Council and reviewed the proposal to start seeding an
    Electric Vehicle charging network. She answered questions from Council about how the project
    would operate. Mr. Huja confirmed these stations would be owned by private enterprises, not the
    City. Ms. Galvin commended staff for thinking outside the box.
    On motion by Ms. Smith, seconded by Ms. Szakos, the resolution passed unanimously.
    Ms. Szakos said this initiative could improve tourism.

    7
    RESOLUTION: The Standard at 855 W. Main Street Special Use Permit
    The Standard at 855 W. Main Street Special Use Permit
    Mr. Brian Haluska presented to Council. He reviewed the item and gave an overview of
    the Planning Commission's recommended conditions for approval.
    Ms. Galvin said she has issues with the language in item 7 regarding parking. She said is
    concerned the 20% of the parking spaces allotted for bicycles will not be enough if it is 20% of
    the total number instead of 20% of the square footage. Ms. Szakos suggested specifying the
    number according to the number of units rather than as a percentage of parking. Ms. Galvin
    recommended .5 bicycle spaces per bedroom, or 300 bike spaces. Mr. Huja said this is too high
    and recommended one per unit. Ms. Galvin agreed to the compromised number. Ms. Szakos
    said she agreed as well.
    Mr. Huja said promotional space should be up front. He confirmed there will still be a
    courtyard. Ms. Smith asked about the residential spaces on the first floor. Mr. Haluska said as
    long as the residential spaces are far enough to the back, it is acceptable. Ms. Smith asked if
    there is a requirement that the building be mixed use. Mr. Haluska said it is a requirement.
    Ms. Galvin said the applicant has made some offers to provide community benefits, none
    of which could be tied as a condition of the SUP. She asked about a contribution to the
    workforce development fund. Mr. Brown said this is a separate issue from the SUP permit.
    Mr. Norris asked John Williams of Williams & Associates, representing Landmark
    Properties, to give an update of the public benefit activities planned in conjunction with this
    project. Mr. Williams described meetings with nearby residents and staff, reviewed policies
    aimed to educate the local construction community, and their work with the economic
    development department to hire local firms. They have also committed to a $50,000 contribution
    for housing development use and will likely comply with the affordable dwelling unit ordinance
    by giving cash in lieu of affordable unites. Council asked to see that the additional contribution
    be used for neighborhoods adjacent to the project. Mr. Norris supported this idea. Mr. Huja said
    these are commendable recommendations, but they are not related to the SUP itself.
    Mr. Norris said these projects serve the best of both worlds by allowing University
    investment along West Main Street. However, he said it is important to be assured we are not
    creating a monoculture up and down West Main Street. Mr. Haluska said Council has the needed
    mechanisms to control the nature of development along the corridor.
    Ms. Galvin said she thinks there is a fine balance. She does not believe we are destroying
    the character on this street, but we should be cautious going forward.
    Ms. Szakos said there is a problem with pressures on housing on either side of this project,
    and rents are on the rise. This is going to be a valve to relieve some of that pressure and increase
    accessibility to affordable housing.
    8
    On motion by Ms. Galvin, seconded by Ms. Szakos, the SUP was passed with the proposed
    conditions. (Ayes: Ms. Szakos, Ms. Galvin, Mr. Huja, Mr. Norris; Noes: Ms. Smith.)
    Mr. Norris asked that the developer's request to divert housing funds to the adjacent
    neighborhood be honored. Ms. Szakos and Mr. Huja said they would like to address this at a
    different meeting in the framework of a city-wide policy. Ms. Galvin said this is an innately
    efficient building because of its height and structure.
    ORDINANCE: Affordable Dwelling Units Ordinance Revision (carried)
    Affordable Dwelling Units Ordinance Revision
    Ms. McHugh presented to Council on amendments to the zoning and subdivision
    ordinance.
    Ms. Szakos asked said the HAC Committee thought this was a good way to go forward.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the ordinance carried for a second
    reading.
    OTHER BUSINESS
    Ms. Galvin requested that Mr. Jones ask about the report-out for the Our Town meetings.
    She asked for an overview of the scorecards for P3. Mr. Jones said staff is working on loading
    these onto the website as soon as possible.
    The meeting was adjourned.
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    1
    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE HELD
    ON Monday, November 18, 2013, 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 Rice
    SECOND FLOOR CONFERENCE ROOM – November 18, 2013
    Council met in special session on this date with the following members present:
    Mr. Huja, Ms. Smith, Ms. Galvin, Ms. Szakos, Mr. Norris.
    On motion by Ms. Smith, seconded by Ms. Galvin, Council voted, (Ayes: Mr. Huja, Ms.
    Galvin, Ms. Smith, Ms. Szakos; Noes: None; Absent at time of vote: Mr. Norris), to meet in
    closed session for 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, Ms. Galvin, Ms. Smith, Ms. Szakos, 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 - November 18, 2013
    ROLL CALL
    Council met in regular session on this date with the following members present: Ms. Smith, Mr.
    Norris, Ms. Szakos, Ms. Galvin, Mr. Huja.
    ANNOUNCEMENTS
    Ms. Sarah Blech presented Ms. Rose Williams and Mr. David Smethurst to Council. They
    introduced their 2013 Poetry Book Project and read excerpts.
    Mr. Norris announced the Holiday City Market begins Saturday, November 23 and will run
    through December 21, from 8:00 a.m. – 1:00 p.m. at the parking lot on the corner of Water and
    South Streets.
    2
    Ms. Smith announced the application period is open for the Neighborhood Leadership
    Institute (NLI) for the 2014 program. The deadline to apply is December 15. Go to
    www.charlottesville.org and click on the “I Want To ”Apply For” link for an application.
    Ms. Szakos announced City Hall will be closed next Thursday and Friday for
    Thanksgiving. CAT will operate on a Sunday schedule Thanksgiving day. Trash and recycling
    will not be collected on Thursday. Thursday collection will be picked up on Friday, and Friday
    collection will be picked up on Saturday.
    Ms. Galvin announced the Grand Illumination on Friday, November 29 beginning at 5:00
    p.m. on the Downtown Mall.
    Ms. Galvin recognized the recent passing of notable community members Rev. Dr. R.A.
    Johnson and Mr. Gabe Silverman. Mayor Huja asked for a moment of silence.
    Ms. Szakos announced this Saturday at 10:00 a.m. is the annual Holiday Heritage Parade
    on the Downtown Mall.
    Mr. Norris announced a job summit on December 10 at the Jefferson School City Center
    from 8:30 a.m. – 2:00 p.m. Call 970-3110 for more information.
    On motion by Ms. Smith, seconded by Ms. Galvin, the following appointments were made
    to Boards and Commission: to the Citizen’s Advisory Panel, Nana Ghartey; to JAUNT, Ray
    Heron; to the JMRL Board, Carla Mullen; to MACCA, Larissa Sneathern; to PLACE, Fred
    Wolf; to Region 10 CSB, Missy Wernstrom; to the Youth Council, Jemma Fendley and Kibiriti
    Majuto; to the Piedmont Workforce Network, Christy Phillips. (Ayes: Ms. Szakos, Ms. Galvin,
    Mr. Huja, Ms. Smith, Mr. Norris; Noes: None.)
    MATTERS BY THE PUBLIC
    Ms. Rose Williams, 305 Meade Ave., asked Council not to move the downtown farmer's
    market. She feels that it is safer to reach the market in its current location instead of having to
    navigate the crosswalk at Meade Ave. in her wheelchair.
    Ms. Joann Robertson, speaking on behalf of Stand for the Silent, an anti-bullying
    organization in Charlottesville, said her group took a stand for Sage Smith at the Pride Festival.
    They raised $100 to contribute to the investigation for Sage Smith. She asked Council to check
    out Cville Pride's vigil, which will be held this week. Stand for the Silent now has 102 members.
    They are presenting the movie Bully at Sojourners Church on November 30 at 5:00 p.m.
    Mr. John Gooch, Exec. Dir. of the Community Energy Conservation Program at 1819
    Broadway St., provides weatherization services for low income residents in Charlottesville and
    the surrounding areas. The service can be accessed through the Social Services Department or by
    calling (877) 816-0218 or 293-3777.
    3
    Ms. Brenda Castañeda, Attorney at Legal Aid Justice Center at 1000 Preston Ave., spoke
    about the RAD redevelopment issues. Legal Aid is concerned about providing permanent
    affordable housing in this community. She outlined some of their concerns over RAD funding.
    Mr. John Heyden, Westwood Rd., said he has asked for suspect identification regarding
    violent crimes and has been ignored by staff and the media. He asked Council if they are against
    broadcasting suspect descriptions when a crime is committed.
    Mr. Louis Schultz, 1809 E. Market St., said he believes City staff members have violated
    City code, and he has asked for the Mayor's support but has been denied. He said his issue is not
    just a matter for the courts, and Councilors do not understand his position on the matter.
    Mr. Brandon Collins, 418 Fairway Ave., speaking on behalf of PHAR, spoke on RAD and
    the future of affordable housing in the City. RAD is on a very short timeline, and there is not
    enough time to make important decisions that need resident participation and input.
    Mr. Joe Draego, 2703 Westmoreland Rd., said it is frustrating when citizens cannot get
    their questions answered by Council and the Board of Supervisors. He spoke about gun
    restrictions and asked where the line would be drawn on weapons bans.
    Mr. Todd Niemeier, 106 Chisholm Pl., representing the Rivanna Trails Foundation,
    thanked Council for supporting the development of urban trails. The culverts under 250 and
    Hydraulic Road are not the safest and most accessible path. A raised walkway through both of
    those culverts would be a good solution.
    Mr. Brian Wimer, 712 Graves St., thanked citizens for participating in local politics. He
    said nothing new will be told at the Belmont Bridge meeting. Charlottesville is divided by
    railroads. Belmont Bridge is an opportunity to create a gateway that will connect two halves of
    the city that have been separated for too long.
    Mr. Joy Johnson, 802-A Hardy Dr., said multifamily homes and public housing are two
    different types of housing with different needs. She said RAD is a conversation that needs to
    happen locally, and we need to start talking about affordable rental housing stock in the City.
    COUNCIL RESPONSE
    Mr. Huja said Council will be considering requests for proposals on sites for the City
    Market in the coming months.
    Ms. Szakos said she was not aware of Mr. Heyden's request to release suspect
    identifications and does not believe Council can address that request. She told Mr. Shultz that
    she was in agreement with Mr. Huja’s letter and does believe the matter has been appropriately
    addressed. She said Council is not asking to impose gun restrictions, but instead is asking for the
    right to make decisions about gun restrictions locally. This may be a future conversation. She
    said that the concentration of largely low-income neighborhoods is not entirely a north-and-
    4
    south-of-the-tracks phenomenon (e.g., Westhaven, 10th and Page) and was even less so when the
    Belmont Bridge was built, before Urban Renewal in the 1960s. She said she is not ready for a
    decision on RAD right now.
    Mr. Norris asked City staff to follow up with Ms. Williams regarding her concern about the
    Meade Ave. sidewalk. He is intrigued by Mr. Niemeier's request regarding the culverts, and he
    would like to see this considered if it is not at a huge cost. He thanked Ms. Robertson for
    speaking in support of DaShad Sage Smith. He agreed with Ms. Szakos on RAD, and he said he
    thinks it will be a detriment overall. He said Mr. Heyden has made no secret of his belief that
    Blacks are responsible for the majority of criminal activity in the City and the Country, which
    has been disproved by facts. He said the City does not have a policy of withholding identifying
    information on suspects, including race. Mr. Maurice Jones said the City absolutely does not
    have a policy prohibiting the use of descriptors. He read the most recent press release, which
    identified suspects by race.
    Ms. Galvin echoed Councilor Norris’s question of what the solution for affordable housing
    will be if not RAD. We have to figure out tools to provide permanent supportive housing. She
    said the Belmont Bridge conversation is intended to gather input.
    Ms. Smith said the premise of RAD switches residents from Public Housing to Section 8
    Housing, and we could lose a lot of public housing in the process. She said she believed the
    movie Mr. Wimer referenced would be intriguing.
    CONSENT AGENDA
    Ms. Smith asked for an example of when the Emergency Operations Plan would be
    activated. Mr. Jones said it depends on the level of damage, or it can be activated ahead of time
    if we anticipate a major disaster.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the consent agenda was approved. Mr.
    Norris noted for the record that he does not support item g. (Ayes: Ms. Szakos, Ms. Galvin, Mr.
    Huja, Ms. Smith, Mr. Norris; Noes: None.)
    a. Minutes for November 4
    Minutes Nov 4
    b. APPROPRIATION: Runaway Emergency Shelter Program Grant - $198,389 (2nd
    reading)
    Runaway Emergency Shelter Program Grant
    c. APPROPRIATION: Gordon Avenue Library Masonry Project - Albemarle County
    Reimbursement - $33,905.81 (2nd reading)
    5
    Gordon Avenue Library Masonry Project
    d. RESOLUTION: Revised Emergency Operations Plan
    Revised Emergency Operations Plan
    e. RESOLUTION: Transfer of Funds from Future Workforce Development
    Programs to Workforce Investment Fund - $66,572
    Transfer of Funds from Future Workforce Development Programs
    f. RESOLUTION: Authorization for MACAA FY13 Carryover Request -
    Charlottesville-Albemarle CARES - $6,249
    Authorization for MACAA FY13 Carryover Request
    g. ORDINANCE: Dominion Power/Century Link easements for RWSA's Ragged
    Mountain Dam Project (2nd reading)
    Dominion Power/Century Link easements for RWSA's Ragged Mountain Dam Project
    h. ORDINANCE: Affordable Dwelling Units Ordinance Revision (2nd reading)
    Affordable Dwelling Units Ordinance Revision
    PUBLIC HEARING/RESOLUTION: Permit Parking: 10th & Page and Fifeville
    Neighborhoods
    Permit Parking: 10th & Page and Fifeville Neighborhoods
    Mr. Tolbert presented to Council. He gave an overview of neighborhood concerns
    regarding parking.
    Ms. Galvin asked what provisions are being made for the contractors’ parking needs. Mr.
    Tolbert said the Plaza is working to find remote parking in underutilized commercial spaces.
    On motion by Mr. Huja, the public hearing was opened.
    Ms. Brenda Castañeda, 206 9th Street NW, said she has never had trouble with parking.
    She believes this is an unnecessary hassle for residents, especially when they have visitors.
    Ms. Madeline Boyd, Page St. between 8th and 9th streets, said the guest permits are too
    limited. She believes this will unintentionally disenfranchise many elderly residents on her street
    6
    because they would not be able to make the trips necessary to secure permits for their guests and
    caretakers.
    Ms. Joy Johnson, 802-A Hardy Dr., said she has not seen many issues with parking. The
    residents of Westhaven were not aware of this process. She was concerned about what effect this
    would have on Westhaven Days and funeral events.
    Having no further speakers, the public hearing was closed.
    Mr. Tolbert clarified that the survey consisted of staff looking at parking places and
    license plates, not a survey distributed to the residents.
    Ms. Galvin said it is not obvious to her that the need for permit parking is there in this
    neighborhood.
    Mr. Huja said he does not hear support on Council for this issue right now. No vote was
    taken on the resolution.
    PUBLIC HEARING / RESOLUTION: Safe Routes Grant Application
    Safe Routes Grant Application
    Ms. Poncy gave an overview to Council. A public hearing is required as part of the grant
    application.
    Ms. Galvin asked about the curb extensions. Ms. Poncy said the Harris Road to Camelia
    approach does not have a curb, and this plan will create an edge. Ms. Smith said people travel
    too fast at the first section of Harris St. after the stop signs. She asked if any of the planned
    improvements will address that issue. Ms. Poncy said this is intended to provide traffic calming
    benefits. Ms. Galvin asked if there is any provision for street trees or on-street parking. Ms.
    Poncy said there is no on-street parking planned because we are space-constrained in this
    corridor.
    On motion, the public hearing was opened.
    Ms. Inessa Telefus, 217 Montevista Ave., Co-President of Jackson Via PTO, said they
    fully support this grant application. Many parents are walking to school at least once a week.
    Having no further speakers, the hearing was closed.
    Ms. Smith said Council should pursue efforts to encourage the schools to give children a
    choice to attend schools within a mile radius of their residence.
    Ms. Galvin asked if there was coordination with stormwater management. Ms. Poncy
    said in this case they were not yet consulted, but it will ultimately be addressed in the design.
    7
    Mr. Huja said he supports the application.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the resolution passed unanimously
    with the understanding that stormwater will be incorporated in the future. (Ayes: Ms. Szakos,
    Ms. Galvin, Mr. Huja, Ms. Smith, Mr. Norris; Noes: None.)
    Ms. Smith said she is concerned about encouraging children to walk along Moore’s
    Creek trail to get to school because of the issues we have with encampments. She said she
    supports completion of the trail, but she does not want to direct the students to walk on it.
    Ms. Galvin commended Ms. Poncy on the thoroughness of her analysis and her
    community participation.
    Ms. Smith asked for a copy of the safe routes to schools map for all City elementary
    schools.
    PUBLIC HEARING/ORDINANCE: Release of Portion of Gas Easement in the
    Kenridge Subdivision (carried)
    Release of Portion of Gas Easement in the Kenridge Subdivision
    Ms. Hildebrand presented to Council.
    Ms. Szakos asked why the easement exists and why we do not need it. Ms. Hildebrand
    said the easement serves gas lines for houses in Kenridge. We will still have 12 feet of access on
    the other side if this easement is granted.
    On motion by Mr. Huja, the public hearing was opened.
    Having no speakers, the hearing was closed.
    On motion by Mr. Norris, seconded by Ms. Galvin, the ordinance carried.
    Ms. Smith asked if the proposed decks would be built over the gas lines. Ms. Hildebrand
    said they would not.
    APPROPRIATION: FY 2013 Year End Adjustments and General Fund Balance
    Transfer (carried)
    FY 2013 Year End Adjustments and General Fund Balance Transfer
    Mr. Wray presented to Council. Our year-end fund balance was $3.2 million. Mr. Wray
    reviewed overages and under-budgeted items. City administration recommends $1.6 million go
    to the CIP fund, $350,000 go to a City-wide reserve account, and $700,000 go to the retirement
    8
    fund to cover the 1% COLA granted in 2013. Details of the recommendations are given on
    Exhibit 1 of the Council’s materials.
    Ms. Smith asked about the utilities fund transfer of $26,000 from gas to water. Mr. Wray
    said this funding covers the EPA stormwater fine, and this falls under the Water Resources
    Protection portion of the gas budget.
    Ms. Szakos clarified that the budget under employee compensation and Parks &
    Recreation was not City-wide but was within the department itself.
    Mr. Norris commended staff for wisely shepherding our taxpayer dollars and for once
    again coming in under budget. He explained why it is not feasible to return the surplus to our
    taxpayers and why we put the bulk of our surplus into the CIP.
    Ms. Szakos commended staff on a job well done. She said we came close to our
    expenditure limits this year and asked staff not to cut it any closer than we did.
    On motion by Ms. Szakos, seconded by Ms. Smith, the appropriation carried.
    RESOLUTION: TJPDC Legislative Agenda
    TJPDC Legislative Agenda
    Mr. Blount presented to Council. An amendment has been added to the Chesapeake Bay
    TMDL provision since Council received their materials. At the request of one of the counties in
    the region, there is a request to delay that requirement by one year.
    The Annual Legislative Forum will take place at TJPDC on Tuesday, December 3 at 6:00
    p.m. and will focus on the Affordable Care Act.
    On motion by Ms. Smith, seconded by Ms. Szakos, the resolution was approved
    unanimously. (Ayes: Ms. Szakos, Ms. Galvin, Mr. Huja, Ms. Smith, Mr. Norris; Noes: None.)
    RESOLUTION: City Legislative Agenda
    City Legislative Agenda
    Mr. Harris presented to Council. He overviewed the requests and policy positions on the
    City’s legislative agenda.
    Ms. Smith asked about legislation enabling the City to control speed limits within the
    City. She said this would be good to explore in the future. Ms. Szakos said we should present
    this to Virginia’s First Cities next year to see if there is state-wide support.
    9
    Ms. Smith said the wording about the Uranium Ban is confusing. Mr. Harris said he will
    look into getting clear wording on this.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the resolution passed unanimously.
    (Ayes: Ms. Szakos, Ms. Galvin, Mr. Huja, Ms. Smith, Mr. Norris; Noes: None.)
    Mr. Norris said he appreciated the intent of the anti-idling policy under item four, but he
    questioned whether it was enforceable and asked if we have consulted with our police
    department. Education and persuasion would be a better path rather than legislation. Mr. Harris
    said the police did say there were enforcement issues; it would be more of a voluntary
    compliance issue. Signage and education would have to be part of making compliance a reality.
    Ms. Galvin and Ms. Szakos said they would like to explore this option. Mr. Norris said he will
    vote for the whole package but opposes item four.
    Mr. Harris clarified that the First Fridays wine service matter is included in the package.
    In line with the City's Healthy Eating Active Living initiative, Ms. Smith requested that
    Council take a five minute stretch break.
    APPROPRIATION: Elliot Avenue Streetscape Design - $43,400 (carried)
    Elliot Avenue Streetscape Design
    Mr. Tolbert gave an overview of the Elliott Avenue Streetscape Design project and
    fielded questions from Council.
    Ms. Galvin said this is a good example of a healthy partnership between the City and a
    developer. Mr. Huja said this will add to the neighborhood.
    Ms. Smith asked if the bicycle/pedestrian group supports this plan. Mr. Tolbert said they
    absolutely do. Ms. Smith confirmed we will not lose any trees. Mr. Tolbert said we will in fact
    gain trees.
    On motion by Ms. Smith, seconded by Ms. Galvin, the motion carried.
    REPORT: Piedmont Council for the Art's Create Charlottesville Cultural Plan
    Piedmont Council for the Art's Create Charlottesville Cultural Plan
    Mr. George Beller and Ms. Sarah Lawson presented to Council. They reviewed survey
    results and gave an overview of the long-range goals for the Create Charlottesville cultural plan.
    They requested Council’s official endorsement of Create Charlottesville.
    10
    Mr. Huja thanked PCA for the presentation. He said they should be proud of the process
    they have created, and he supports the plan. Ms. Smith, Ms. Szakos, Ms. Galvin and Mr. Norris
    voiced their support for the plan as well and thanked PCA for creating a good planning process.
    Mr. Norris said Council and the County Board of Supervisors need to work to incorporate
    suggestions and funding needs to build the capacity of our arts community.
    On motion by Mr. Norris, seconded by Ms. Szakos, the plan was approved unanimously.
    (Ayes: Ms. Szakos, Ms. Galvin, Mr. Huja, Ms. Smith, Mr. Norris; Noes: None.)
    Ms. Galvin asked if there was a need for a liaison with the City. Ms. Lawson said the
    steering committee voted that the most appropriate liaison was through PCA. PCA will work
    with staff members as appropriate depending on the project.
    REPORT: Granular Activated Carbon (GAC) Update
    Granular Activated Carbon (GAC) Update
    Mr. Frederick presented to Council. The EPA is continuing to increase their emphasis on
    the importance of safe drinking water. He reviewed the GAC project from start to present,
    including cost, alternatives, and community engagement.
    Mr. Mark Bishop and Mr. Eric Rosenfeld of Hazen and Sawyer presented a brief power
    point presentation to Council, including project background, GAC treatment options, and
    qualitative considerations.
    Ms. Smith asked if carbon can be recycled. Mr. Bishop said it can be regenerated. Ms.
    Smith asked why Scottsville and Crozet are going to full GAC for their water supply. Mr.
    Bishop said they are installing the smallest contactors available and providing the ability to do
    hybrid treatment if needed. Ms. Smith asked if they can trace the source of violations or
    determine if one treatment plant is more troublesome than the others. Mr. Bishop said they can
    model based on historical data.
    Ms. Szakos asked when the hybrid model would be operational. Mr. Bishop said they
    will go live in early 2017. Ms. Szakos said any savings we can find in this project should be
    considered for use towards sewage treatment and odor control. Mr. Frederick said consultants
    have been tasked with resampling sources at the odor treatment plant. They are reexamining the
    entire process and will come back with the outcome of the study.
    Mr. Norris said he is concerned over the implications of a recent article that Rivanna
    suffers from too much citizen input. Ms. Szakos said she read the article in the opposite way.
    Ms. Galvin said she was at the meeting, and the intent was to ensure the board clearly
    communicates with the public. Mr. Norris commended Mr. Frederick for increased transparency
    about Rivanna’s work in recent years.
    11
    Ms. Szakos said the hybrid model makes sense to her, and excess money should go
    towards odor control. She said this reflects the general desire of the public meeting.
    Ms. Smith said we should go with the full GAC model; she is surprised the price
    difference is so small.
    Mr. Huja said he supports the hybrid model; if we find we need to do further filtration,
    we can do so.
    OTHER BUSINESS
    Mr. Huja said there is a request for Council to refer the Meadowbrook Flats SUP back to
    the Planning Commission. The applicants are conducting a redesign, and the matter needs to
    return to the Planning Commission for another hearing and recommendation on a revised plan.
    On motion by Ms. Szakos, seconded by Ms. Smith, Council voted to refer the matter back
    to the Planning Commission. (Ayes: Ms. Szakos, Ms. Galvin, Mr. Huja, Ms. Smith, Mr. Norris;
    Noes: None.)
    The meeting was adjourned.
    Clerk of Council
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    1
    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE HELD
    ON Monday, December 2, 2013, 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 Rice
    SECOND FLOOR CONFERENCE ROOM – December 2, 2013
    Council met in special session on this date with the following members present:
    Mr. Huja, Ms. Smith, Ms. Galvin, Ms. Szakos, Mr. Norris.
    On motion by Ms. Smith, seconded by Ms. Szakos, Council voted, (Ayes: Mr. Huja, Ms.
    Galvin, Ms. Smith, Ms. Szakos; Noes: None; Absent at time of vote: Mr. Norris), to meet in
    closed session for discussion and consideration of prospective candidates for (1) Discussion,
    consideration and interviews of prospective candidates for appointment to City boards and
    commissions, as authorized by Va. Code sec. 2.2-3711 (A) (1); and, (2) 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 the costs of the Rivanna Pump
    Station, as authorized by Va. Code sec. 2.2-3711 (A) (7).
    On motion by Ms. Smith, seconded by Ms. Szakos, Council certified by the following
    vote (Ayes: Mr. Huja, Mr. Norris, Ms. Smith, Ms. Szakos; 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 - December 2, 2013
    CALL TO ORDER
    Council met in regular session on this date with the following members present: Mr. Huja, Mr.
    Norris, Ms. Szakos, Ms. Galvin, Ms. Smith
    ANNOUNCEMENTS
    Mr. Norris announced taxes are due on December 5. He also announced the Economic
    Opportunity Summit on December 10 at the Carver Recreation Center.
    2
    Ms. Smith announced the next Our Town Charlottesville meeting is Thursday, December
    12 for the 10th & Page neighborhoods at 6:00 p.m. at the Hope Community Center. She also
    announced NLI Applications are due by December 15.
    Ms. Galvin announced the Council Joint Work Session on the Strategic Investment Area
    Plan on Thursday, December 5 at 7:00 at City Space.
    Ms. Galvin announced A Taste of West Main Open House on Saturday, December 7 at the
    Carver Recreation Center from 10am-2pm. For more information, go to www.gowestmain.com.
    Ms. Szakos announced the City of Promise Pancake Breakfast this Saturday at the Vinegar
    Hill Cafe. She also announced Carver Recreation Center's An Evening of Jazz this Saturday,
    December 7 from 8:30 p.m. - 11:30 p.m. The cost is $20/person. Call 970-3053 to purchase
    tickets.
    Ms. Szakos announced the Charlottesville Municipal Band's Annual Holiday Concert on
    Sunday, December 15 at 3:30 p.m. at Charlottesville High School’s M.L. King Center.
    Admission is free; please bring food for the food bank. She also announced several school
    concerts coming up this week. Go to ccs.k12.va.us for more information.
    Mr. Huja announced the Council Budget Work Session on Monday, December 9 at 5:00
    p.m. in City Space to discuss priorities in upcoming budget cycle. He also announced the City
    Holiday Market at Water and South Street through December 21.
    On motion by Ms. Smith, seconded by Mr. Norris, Ms. Sabrina Allen was appointed to the
    Charlottesville Redevelopment and Housing Authority to fill the resident position. (Ayes: Ms.
    Smith, Ms. Galvin, Ms. Szakos, Mr. Norris, Mr. Huja; Noes: None.)
    MATTERS BY THE PUBLIC
    Ms. Naomi Roberts, 1140 St. Clair Ave., thanked Councilors for coming to her
    neighborhood association meeting. She said a flashing light at Michie Drive will not work; a
    regular light is needed. She said it is important for cyclists to drive safely; they should have to
    pay for inspections or a tag. She said she hears goats all the time, and they should have to get
    tagged just like dogs do.
    Mr. Justin Pincham, 900 Page St., said he came to express his concern about the parking
    situation on his road. There are many motorists parking from UVA or contractor companies.
    Several elderly residents cannot get back to their home all day long if they leave in the morning.
    He asked Council to reconsider a trial period for parking permits.
    Ms. Josephine Morrison, 920 Page St., said she has been a resident for 70 years. She asked
    Council to review the proposal for permit parking on Page Street. There is permit parking in all
    surrounding areas, causing drivers to park in her neighborhood. She said she cannot leave her
    home in the morning because she will not be able to park when she returns.
    3
    Mr. Rit Venerus, Walnut Hills homeowner, said he and 20 other homeowners have filed
    claims for damage to their homes due to blasting at the airport. He asked that Council help the
    homeowners to be made whole by directing airport representatives to grant them compensation
    for damages to their homes.
    Ms. Julie Curie, 125 B Goodman St., said there is a big number associated with
    ammunition in the general fund. She asked for more information about that figure. The
    peacemaking mechanisms we have in our City are important and should be represented.
    Ms. Maryfrances Porter, 2239 Brandywine Dr., Executive Director for Region 10, said a
    stoplight is needed at the Michie Drive / Hydraulic intersection. That corridor is a very difficult
    area, and she is concerned about the Region 10 staff and consumers. Region 10 is considering
    implementing a policy of directing their consumers not to turn at that intersection.
    Mr. Louis Shultz, 1809 E. Market St., said this is the fifth time he has come before Council
    about a property dispute. He asked Council to grant him a hearing on the matter.
    Mr. Alex Hancock, 2712 Eton Rd., said Councilors should not encourage citizens to go
    through the court system with their complaints, as they are doing with Mr. Shultz. He said our
    state and city codes are not being upheld because the Planning Commission meeting was
    cancelled for December.
    Mr. Peter Kleeman, 407 Hedge St., said he was surprised that funds allocated for Water
    Resources were being transferred into the General CIP via the Year-End Adjustment
    appropriation. He said monies originally allocated for Water Resource Preservation should be
    earmarked for use in capital improvements within the Water Resource Preservation project.
    COUNCIL RESPONSE
    Mr. Huja said Council has looked at the information Mr. Shultz has provided and acted
    accordingly. He said Mr. Shultz is now fabricating facts out of frustration. They have provided
    him with a course of action, and he can take it if he wishes.
    Ms. Szakos said Council did not deny parking at the 10th & Page neighborhood, but it was
    tabled for further discussion at a later date. She requested that it be added to a future agenda. She
    asked Mr. Jones to speak with Mr. Watts for more information on the airport blasting claims. She
    said she agreed with Ms. Curry that we should strive for peace, but we should also be sure the
    police department has what it needs. The Planning Commission meeting was cancelled because
    they did not have a quorum of commissioners. She does not feel the need to do anything
    differently with the year-end funds.
    Mr. Norris said this is the first time he has heard that all 20 claims were denied regarding
    the blasting at the airport. He has a hard time believing that the finding of no damage could be
    4
    accurate. He asked for follow up on the matter, especially in light of the report Mr. Venerus
    presented.
    Ms. Smith said there are people who need to walk near the Michie drive signal and thanked
    Ms. Porter for speaking on pedestrian issues. Also, she asked Mr. Jones to explain the
    ammunition budget line item. Mr. Jones said that it has been difficult to purchase ammunition
    through procurement last year because of supply. This is not in addition to what we would
    normally purchase but is meant to supplement a deficit created by last year’s low supply. Ms.
    Smith also thanked Page Street neighbors for their input. Council does not want to solve one
    problem and make other problems worse. We have to examine unintended consequences. We
    will follow up on this matter. She told Mr. Kleeman that the storm water fees that have been
    collected are actually going to be used to pay fines that came from storm water violations; those
    fees will no longer be collected from gas bills.
    Mr. Huja requested that residents be informed in writing when the 10th & Page permit
    parking matter is placed on the agenda.
    Ms. Galvin said she liked Ms. Roberts' idea about bike tags and would like to examine
    what other communities do in terms of bicycles. She said we need to ensure that our concern
    over the Walnut Hills matter is impressed upon our airport board representatives.
    CONSENT AGENDA
    a. Minutes for November 18
    b. APPROPRIATION: FY 2013 Year End Adjustments and General Fund Balance
    Transfer (2nd reading)
    FY 2013 Year End Adjustments and General Fund Balance Transfer
    c. APPROPRIATION: Elliot Avenue Landscaping and Design (2nd reading)
    Elliot Avenue Landscaping and Design
    d. APPROPRIATION: Virginia Department of Rail and Public Transportation FY
    2014 Mid-Year Funding Allocation - $565,105 (carried)
    Virginia Department of Rail and Public Transportation FY 2014 Mid-Year Funding Allocation
    e. APPROPRIATION: Charlottesville Sheriff's Office Insurance Claim Recovery -
    $12,943.95 (carried)
    Charlottesville Sheriff's Office Insurance Claim Recovery
    5
    f. APPROPRIATION: Yarney Loan Payoff - $8,411.00 (carried)
    Yarney Loan Payoff
    g. RESOLUTION: Housing Advisory Committee Membership
    Housing Advisory Committee Membership
    On motion by Ms. Smith, seconded by Ms. Szakos, the consent agenda was approved
    unanimously. (Ayes: Ms. Smith, Ms. Galvin, Ms. Szakos, Mr. Norris, Mr. Huja; Noes: None.)
    PUBLIC HEARING / RESOLUTION: Special Use Permit (SUP) for 122 Summit Street
    Special Use Permit (SUP) for 122 Summit Street
    Ms. Ebony Walden presented to Council. She gave an overview of the public hearing held
    at the Planning Commission meeting in November.
    Ms. Smith asked if the applicant needs a different license to have an increased number of
    children. Ms. Walden said it is linked to the Department of Social Services, and they are
    structured according to number.
    On motion by Mr. Huja, the public hearing was opened.
    Ms. Laura Rogers, 3404 Haunted Hollow Rd., said Ms. Malcolm cares for her daughter.
    She has never had a problem with parking. She is looking forward to the expansion and believes
    many Charlottesville families will benefit from her care.
    Ms. Rebecca Dannis, 408 Hedge St., Infant/Toddler Specialist at CYFS, said family child
    care offers a more intimate home-like setting that more families in this community are looking
    for. Ms. Malcolm is a licensed facility, and increasing her enrollment from 5 to 12 will provide
    this valuable service to more families in her neighborhood.
    Ms. Lena Malcolm, teacher and director at Purple Crayon Preschool, said her job is a
    dream-come-true. She said she plans to hire two additional care givers, providing a 4-1 ratio for
    all ages. She provides an important service to working parents. She described her home facility,
    including parking accommodations. She is willing to give an orientation regarding parking, drop
    off and pick up to her parents, as the Planning Commissioners suggested.
    Having no further speakers, the public hearing was closed.
    Ms. Smith said she wants to make sure there are enough regulations in place, because the
    SUP goes with the house.
    6
    On motion by Ms. Smith, seconded by Ms. Galvin, the resolution passed with the
    conditions placed upon the SUP by the Planning Commission. (Ayes: Ms. Smith, Ms. Galvin,
    Ms. Szakos, Mr. Norris, Mr. Huja; Noes: None.)
    PUBLIC HEARING / RESOLUTION: Special Use Permit (SUP) for 601 Concord Avenue
    Special Use Permit (SUP) for 601 Concord Avenue
    PUBLIC HEARING / ORDINANCE: Petition to Rezone Property Adjacent to 601
    Concord Avenue (carried)
    Petition to Rezone Property Adjacent to 601 Concord Avenue
    Mr. Haluska presented to Council on the SUP and rezoning at 601 Concord Ave. in the
    industrial corridor. He reviewed the issues unique to the request, including noise, adequate space
    for the animals, and animal waste.
    Ms. Szakos asked about the noise buffer included in the regulations. Mr. Haluska said this
    section is a zoning ordinance, not part of the noise ordinance. It is a determination of
    reasonability and strictly pertains to this specific use.
    Ms. Galvin said she wants to understand the condition stating that the number of dogs shall
    not exceed 20 between 5:00 p.m. and dusk, and shall not exceed 40 dogs at any time. Mr.
    Haluska explained that these numbers came from the application package.
    On motion by Mr. Huja, the public hearing on the SUP was opened.
    Mr. Maynard Sipe, attorney for the applicant, said the rezoning itself requires a test of
    reasonability. The proposal is reasonable because surrounding properties are zoned likewise.
    The SUP is not for the current existing operations. It is for an additional dog play yard, not a dog
    run. No kennels or runs will be used. This is intended to improve the quality of the experience
    of the dogs the applicant already has, not to increase the number of dogs he serves. He said the
    train tracks adjacent to the property provide a sound barrier.
    Mr. James Brown, applicant, said the goal of Pampered Pets is to lower the stress of the
    animals in their care. The intent is to create more space for their current day campers.
    Ms. Shannon Clark, 2200 Banbury St., said Jim and Betsy are the epitome of excellent
    business owners. The facility is wonderful, and they take excellent care of their animals.
    Having no further speakers, the public hearing on the SUP was closed.
    Ms. Szakos asked the applicant if his total number of dogs would fit within the guidelines.
    The applicant said the space is a bit over 5,700 square feet, which is just under the high range of
    7
    guidelines. On average afternoon, there are between 15 and 20 total dogs; the chances of there
    being 40 dogs at any given time are nil.
    Ms. Szakos moved the SUP with the amendment of going to 25 instead of 40. She clarified
    that this precaution is because the SUP is granted to the location, not to the applicant. Ms. Galvin
    seconded the motion. Mr. Brown clarified that the motion included the seven conditions
    proposed by the Planning Commission. Ms. Szakos confirmed that it does, with the amendment
    of condition four to say 25 dogs instead of 40 dogs. The resolution passed unanimously. (Ayes:
    Ms. Smith, Ms. Galvin, Ms. Szakos, Mr. Norris, Mr. Huja; Noes: None.)
    On motion by Mr. Huja, the public hearing on the rezoning was opened. Having no further
    speakers, the public hearing on the rezoning was closed.
    On motion by Mr. Norris, seconded by Ms. Smith, the ordinance carried.
    PUBLIC HEARING / ORDINANCE: Sale of 1279 Kenwood Lane (carried)
    Sale of 1279 Kenwood Lane
    Ms. Kathy McHugh presented to Council. Staff recommends approval of the ordinance to
    sell the lot 12A to Hugh D. Scott, III and Susannah G. Wood for $101,850. Staff also
    recommended sharing proceeds between the land acquisition fund and the Charlottesville
    Housing Fund.
    On motion by Mr. Huja, the public hearing was opened.
    Ms. Shannon Clark, 2200 Banbury St., resident of the Greenbriar neighborhood on the
    opposite side of the Kenwood Lane acquisition, said when she initially purchased her home her
    backyard was a wooded area. There has been a lot of disruptive change since her purchase. As
    time has passed, she has gotten on board with Parks and Recreation and the changes that have
    happened. She asked Council to consider the email she sent this morning and the master plan
    they approved for this area.
    Mr. Hugh Scott said he submitted a proposal to build a house. He clarified that Lot 12A is
    the front part of the land that fronts the street. He explained why he and his family chose this
    piece of land to build a home and why this is good for the City as well.
    Having no further speakers, the hearing was closed.
    Ms. Smith said this is so nicely cited for a public space and is an ecologically valuable
    piece of land. She said she is concerned that there is no formal public access for this large park.
    Ms. Galvin said she is drawn to the Habitat proposal and sees this as a huge benefit to a
    lower income family that does not have access to these kinds of amenities. This is a rare
    opportunity for income mixing.
    8
    Ms. Smith said while she initially felt the same, the $100,000 land value is wildly outside
    the range for Habitat homes. She also changed her mind because of the park access issue.
    Ms. Szakos said she is not sure we need to spend $100,000 to have public access to that
    area. There is room for parking, and subtle signage could make this a useable space. This would
    not leverage any other funding for affordable housing, and as such would not be in keeping with
    our goals for Habitat housing. She said the private citizen applicant would put in sweat equity
    and make this an affordable home. We can incorporate this with signage to be sure the park is
    accessible to people, then use the funding for more parkland acquisition.
    Ms. Galvin asked if staff has been able to verify that this is a buildable site. Ms. McHugh
    said no analysis has been done. Mr. Norris asked if there is any known history of drainage
    problems. Ms. McHugh said in her expert opinion, she saw no evidence of prior flooding.
    Mr. Huja said he visited the site recently. It is a buildable lot, and we should sell this lot to
    a homeowner with an access point.
    Ms. Galvin said we rarely have the opportunity to introduce a range of affordable housing
    in areas north of the City. We do not have parkland in our Strategic Investment Areas. Putting
    more money into an area that already has parkland does not seem a good balance of our
    investment in parks and affordable housing opportunities in other parts of the City.
    Mr. Brown said this is exempt from the steep slopes ordinance as a single family home,
    with the proviso that if there is an area of slopes less than 25%, you have to locate the home
    there.
    Ms. Smith moved that Council reserve the land for park space. Mr. Norris seconded the
    motion. Mr. Huja said he opposed the motion. Ms. Szakos opposed the motion. A vote was
    taken, and the motion was defeated. (Ayes: Mr. Smith, Mr. Norris; Noes: Ms. Galvin, Mr. Huja,
    Ms. Szakos).
    Ms. Szakos moved that we accept the highest bid and include signage making this a public
    access to the park. Mr. Huja seconded the motion. Ms. Smith asked to amend that money go
    into the park fund. Mr. Huja and Ms. Szakos accepted the amendment. The ordinance carried.
    RESOLUTION: Revisions to the Architectural Design Control (ADC) Districts
    Design Guidelines (W. Main ADC District Map)
    Revisions to the Architectural Design Control (ADC) Districts Design Guidelines (W. Main
    ADC District Map)
    Ms. Scala presented to Council. She showed a brief power point with maps and pictures of
    the proposed revisions. She explained that the only impact of the resolution is that non-
    9
    contributing structures may be demolished without BAR approval, while contributing structures
    may not.
    Ms. Scala said the property owners were notified. One person objected, Mr. Mark Green,
    representing the building at 1001 W Main (formerly Team Tire).
    Ms. Szakos said she is pleased they are updating the map. However, one of the concerns
    about this corridor is how underused the land is. Historically, this was because it was all gas
    stations and car dealerships, so to try to preserve that seems counterintuitive. Also, the Sears
    building is simply ugly and lacks historical significance, and she does not believe we should
    preserve this building.
    Ms. Scala said the Sears building is a good example of a modern building, and if you tear
    down all modern buildings, you are left with a gap in history. She said there are good
    opportunities to adapt these buildings or add on to them.
    Mr. Huja said he was opposed to designating the Team Tire gas station.
    Ms. Galvin said Council chose to approve funds for the West Main study in order to
    analyze and professionally assess which of these buildings provide historical context. Ms. Scala
    said the consultants have asked her for background, and she is providing that information to
    them. Ms. Galvin said this is not simply a question of historical quality of a building, but the
    structure of the block on the whole. Ms. Scala said an important first step is to decide what is
    important to keep. This will not affect the consultants' work on the streetscape.
    Ms. Szakos said she worries that adding a restriction like this will make it less likely that
    the owner will choose to redevelop the building.
    Ms. Smith said she likes that a historic designation forces us to take our time and allows a
    pause to consider how to preserve our story and our history.
    Ms. Galvin said she would hesitate to put these designations on buildings west of the
    Drewery Brown Bridge.
    Mr. Norris said she mostly agrees with Ms. Smith, but agrees with Ms. Szakos that Stacey
    Hall is an unattractive building. Many of these buildings have historical value, particularly to the
    African American community.
    Ms. Smith moved the resolution. Ms. Galvin modified to parcels easy of the Drewary
    Brown Bridge. Mr. Norris seconded if Ms. Smith would amend to remove Stacey Hall. Ms.
    Smith accepted. Ms. Szakos asked if you would accept an amendment to remove Team Tire.
    Ms. Smith said no. Mr. Norris asked Mr. Huja if he would accept the motion without removing
    Stacey Hall. He said he would if they remove Team Tire.
    Ms. Galvin asked if we could table this discussion to get further input from BAR. There
    was not Council support to do so.
    10
    Ms. Smith moved the resolution as is. Mr. Norris seconded the motion. The resolution
    passed. (Ayes: Ms. Smith, Mr. Norris, Mr. Huja; Noes: Ms. Galvin, Ms. Szakos.)
    REPORT: Hydraulic/Michie Drive Traffic Signal
    Hydraulic/Michie Drive Traffic Signal
    Ms. Donovan Branche presented to Council. She reviewed the history of the
    Hydraulic/Michie Drive traffic signal. Since the box was installed, there have not been any
    crashes. Before the box, there were about eight crashes in two years. Traffic issues are
    increased in this area between 5:00 p.m. and 6:00 p.m. when volume is heavy.
    While the proposed signal would be coordinated with Hillsdale, it would still favor
    Hydraulic Road and would not be a perfect coordination, although it may reduce some of the
    issues with making a left turn at Michie Drive. It would also increase queues in the peak hour on
    Hydraulic and increase the possibility of rear end collisions at Michie. This is a common issue
    with unwarranted signals.
    Ms. Szakos said she does not believe a traffic light is a good solution, not only because of
    the cost but also because it is not clear it will do any good.
    Mr. Norris said he has long supported a traffic light, but alternatively he supports blinking
    lights and increased enforcement. He sympathized with Ms. Porter's position that we cared
    enough to put a light up for Whole Foods, but not for Michie Drive.
    Ms. Galvin said the anecdotal data does not give us any confidence one way or the other
    that this light will provide a solution. We need to think about a robust interim solution, such as
    increased enforcement, and put this into the long term City-wide traffic analysis.
    Ms. Szakos moved that the City install flashing lights, direct the police department to
    increase enforcement, direct the Communications Department to relay this to citizens, and
    increase signage. Ms. Galvin seconded the motion; it passed unanimously. (Ayes: Ms. Smith,
    Ms. Galvin, Ms. Szakos, Mr. Norris, Mr. Huja; Noes: None.)
    REPORT: BankOn Greater Charlottesville Program Update
    BankOn Greater Charlottesville Program Update
    Ms. Cherie Seise updated Council on the success of the BankOn Program this year. She
    gave an overview of the powerpoint presentation in Council's materials. She announced the next
    educational session.
    11
    Ms. Szakos said community members should lobby their legislators to outlaw payday
    lending. She thanked Mr. Norris and former Councilor Holly Edwards for their support of this
    program.
    Ms. Galvin thanked the local banks for their excellent support of the program.
    Mr. Huja also commended the program.
    Ms. Smith asked if everyone goes through financial education. Ms. Seise said everyone
    who has a loan does. Deposit account holders may, depending on what their barrier to entry was.
    Those who have had past issues with banking are strongly encouraged to attend financial
    education; they can access a better product if they do, providing a financial incentive.
    In response to an inquiry from Ms. Smith, Ms. Seise said credit building and asset
    development are currently their biggest needs.
    Mr. Norris asked about the relationship between Bank On and the Youth Internship
    Program (YIP). Ms. Seise said they are in the same building and do communicate, but YIP
    participants generally use the UVA Credit Union.
    REPORT: National League of Cities Conference Debrief
    National League of Cities Conference Debrief
    Ms. Szakos said she attended two conferences, the Youth Council and the NLC
    Conference. She overviewed the workshops she attended and shared brief descriptions. She
    shared pictures from around Seattle illustrating their infrastructure.
    Ms. Smith shared her experiences with the workshops she attended as well. Topics
    included racial equality, sustainable cities for university communities, and pathways to careers.
    She said her favorite workshop was on food trucks. She also learned about ways to enhance
    investment in public art.
    Mr. Huja shared his experiences with workshops, panel discussions, and industrysponsored
    sessions. He was particularly impressed with the workshops on technology and asked
    Mr. Jones to explore new ideas for building community engagement through technology. He
    said our Police Chief should watch "Shell Shocked" for ideas on how to deal with drug-related
    issues among youth in the community.
    Meeting was adjourned.
    Clerk of Council
  • SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL

    1
    NOTICE OF SPECIAL MEETING
    A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE HELD
    ON Monday, December 16, 2013, 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 Rice
    SECOND FLOOR CONFERENCE ROOM – December 16, 2013
    Council met in special session on this date with the following members present:
    Mr. Huja, Ms. Smith, Ms. Galvin, Ms. Szakos, Mr. Norris.
    On motion by Ms. Szakos, seconded by Mr. Norris, Council voted, (Ayes: Mr. Huja, Ms.
    Galvin, Mr. Norris, Ms. Szakos; Noes: None; Absent at time of vote: Ms. Smith), to meet in
    closed session for discussion and consideration of prospective candidates for (1) Discussion,
    consideration and interviews of prospective candidates for appointment to City boards and
    commissions, as authorized by Va. Code sec. 2.2-3711 (A) (1); and, (2) 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 the costs of the Rivanna Pump
    Station and other capital wastewater projects, as authorized by Va. Code sec. 2.2-3711 (A) (7);
    and, (3) Discussion of the acquisition of real property on 11th Street, N.W., for a public purpose,
    where discussion in an open meeting would adversely affect the City’s negotiating strategy, as
    authorized by Va. Code sec. 2.2-3711 (A) (3).
    On motion by Ms. Szakos, seconded by Ms. Smith, Council certified by the following
    vote (Ayes: Mr. Huja, Ms. Galvin, Mr. Norris, Ms. Smith, Ms. Szakos; Noes: None), that to the
    best of each Council Member's knowledge, only public business matters lawfully exempted from
    the open meeting requirements of the Virginia Freedom of Information Act and identified in the
    motion convening the closed session were heard, discussed or considered in the closed session.
    COUNCIL CHAMBERS - December 16, 2013
    CALL TO ORDER
    Council met in regular session on this date with the following members present: Mr. Huja, Mr.
    Norris, Ms. Szakos, Ms. Galvin, Ms. Smith
    AWARDS/RECOGNITIONS
    Mr. Huja read a proclamation in honor of Mr. Norris on his last Council meeting. He
    presented him with a key to the City, as well as photographs of projects he has worked on during
    2
    his tenure as Councilor. Ms. Szakos pointed out that Mr. Norris is wearing necklaces from the
    two warrior groups of Winneba, Ghana. Mr. Norris thanked Council for the recognition and said
    it has been an honor and a pleasure to serve the City over the last seven plus years.
    Mr. Norris recognized Mr. Philip Hoffman for representing the Charlottesville First Tee
    chapter at two national events.
    Det. Joey Lewis was recognized for the American Legion Officer of the Year award.
    Ms. Galvin announced City office closures, CAT and trash service schedules for the
    holidays.
    Ms. Szakos announced the rescheduled budget work session at 6:00 p.m. in the Basement
    Conference Room on Thursday, December 19.
    Ms. Smith announced that the Holiday City Market will be open this Saturday from 8:00
    a.m. - 1:00 p.m. at the Water and South Street parking lot. Ms. Szakos commended City
    departments for their hard work and coordination during the fire at the City Market lot on
    Sunday.
    On motion by Mr. Norris, seconded by Ms. Smith, the following appointments were made
    to Boards & Commissions: to the BAR, Whit Graves, Tim Mohr, and Carl Shwarz; to the
    Personnel Appeals Board, Joseph Sabol, Richard Brewer; to the CDBG Task Force for 10th &
    Page, Justin Sarafin; to the Workforce Advisory Council: Stephanie Carter, Adam Hastings,
    Susan Erno, Valerie Palamountain, Barbara Kessler, Barbara Miller, Rod Gentry, Helen
    Cauthen, Adrian Felts, Sarad Davenport, Francis Burns, Donna Kauffman, and Jenny KimHeyns;
    to the Parks and Recreation Advisory Board, Everett Maurice Walker, Scott Morgan, and
    Ruth Barnett. (Ayes: Mr. Norris, Ms. Smith, Mr. Huja, Ms. Galvin, Ms. Szakos; Noes: None.)
    MATTERS BY THE PUBLIC
    Mr. Paul Long, 1410 Grady Ave., said he is dismayed that the newly announced revised
    CAT routes will deny public access to many citizens.
    Mr. Brandon Collins, 418 Fairway Ave., said PHAR is eagerly awaiting the CRHA report
    from the City Manager this evening. PHAR supports the idea of greater City involvement with
    the Housing Authority. Structural problems with the Housing Authority must be addressed
    before we can talk about redevelopment.
    Ms. Deirdre Gilmore, 1000 Preston Ave., thanked Mr. Norris and Ms. Holly Edwards for
    all the work they have done on housing, especially the BankOn and reentry programs. She
    thanked Mr. Norris for taking a lot of homeless people off the streets with the SRO building. She
    told Mr. Fenwick she hopes we can count on him for support for reentry programs.
    3
    Mr. Larry Jones, 301 Middleton Ln., said parking on Middleton Lane is a problem. Only
    seven cars can fit on the block.
    Ms. Lillie Williams, PO Box 866, Charlottesville resident, on behalf of Chihamba,
    announced the 25th Annual African-American Cultural Arts Festival in July. She asked Council
    to extend an invitation to our sister city in Winneba, Ghana for the event.
    Ms. Janice Jones, 301 Middleton Ln., seconded her husband's plea for additional parking
    on Middleton Lane.
    Ms. Jeanne Chase, 223 Old Lynchburg Rd., thanked Mr. Norris for seeing citizens through
    the completion of the Old Lynchburg Road project. She said there are two properties that will be
    affected by parking changes on Middleton Lane.
    Mr. Thomas Daniel, 826 Colridge Dr., spoke on raising cigarette tax in the City. He said he
    has done many medical procedures due to health problems with smokers.
    Mr. Randy Page, 1401 Wellford St., said we should reconsider the YMCA, especially in
    light of the many changes that have taken place since approval by a slim margin. He supports the
    YMCA, but the City is making a mistake by locating it in McIntire Park.
    Ms. Maryfrances Porter, Executive Director for Region 10, gave Council an overview of
    Region 10 services in the past year. She said the City's financial support is critical to ensure they
    can provide care for the most vulnerable members of our community. Transportation is also an
    issue; they requested Council's support for implementing safe pedestrian measures.
    Dr. David Moody, 1545 Old Oaks Dr., Medical Director at Region 10, said he is here to
    emphasize Region Ten's psychiatric services, which have become a very important part of their
    program. He said expanding needs are not being met with increased ability to provide additional
    services.
    Mr. Joseph Bostock, 114 Lankford Ave., Apt. 7, said we need additional support for
    emergency services for Region Ten. He also asked for more buses on Sundays.
    Mr. Robert Johnson, Executive Director of Region Ten, said they are going through a lot of
    transformation. They are working on becoming a "health home", which will allow them to
    provide more services than they have in past years.
    COUNCIL RESPONSE
    Ms. Szakos said we support Chihamba, and we will invite our friends from Ghana to
    attend. She supported efforts to reduce teen smoking and believes we should do this regardless of
    whether Albemarle County supports the initiative.
    4
    Mr. Norris said he fully supports a cigarette tax, but he does not believe Albemarle County
    is permitted to increase cigarette tax. He would like to increase the percentage that goes towards
    smoking cessation program support. He asked staff to follow up on parking at Middleton Lane.
    Mr. Jones asked Mr. Tolbert to speak to the matter. Mr. Tolbert explained that we will not
    change the parking at that location. The signs were erected to elicit opinions, and based on
    feedback there will be no change to parking in that area.
    Mr. Norris thanked Region Ten for the wonderful services they provide. Ms. Smith agreed.
    Ms. Galvin said we need to talk more aggressively with our counterparts in the County
    about opportunities for a regional transportation network.
    Mr. Huja said he met with a group about the cigarette tax, and he supports the increase tax
    in order to discourage youth smoking and increase City revenues for education and other
    important needs.
    Ms. Szakos announced the next transit meeting will take place on December 28 for new
    bus routes that will go into effect on Saturday, January 4.
    CONSENT AGENDA
    a. Minutes for December 2
    b. APPROPRIATION: Virginia Department of Rail and Public Transportation F.Y.
    2014 Mid-Year Funding Allocation - $565,105 (2nd reading)
    c. APPROPRIATION: Charlottesville Sheriff's Office Insurance Claim Recovery -
    $12,943.95 (2nd reading)
    d. APPROPRIATION: Yarney Loan Payoff - $8,411.00 (2nd reading)
    e. APPROPRIATION: Reimbursement for Attendance to the Congress of Building
    Code Officials $1,000 (carried)
    f. APPROPRIATION: Appropriation and Transfer for the Thomas Jefferson Area
    Coalition for the Homeless Collaborative - $65,000 (carried)
    g. APPROPRIATION: F.Y. 2014 JAUNT Pass-through Funding - $480,724 (carried)
    h. APPROPRIATION: Appropriation of Funds from Charlottesville City Schools to
    the Buford Science Labs Project - $451
    i. RESOLUTION: Release of Outstanding $30k Albemarle Housing Improvement
    Program (AHIP) Loan
    5
    j. RESOLUTION: FY 12-13 and FY 13-14 Action Plan Amendments and Housing
    Funds Allocation
    k. RESOLUTION: Support for First Day Introduction Requirement for Bills with
    Local Fiscal Impacts
    l. RESOLUTION: Release of Encroachment Permit at 853 West Main Street
    m. RESOLUTION: Grant Application for Trails Program - Meadow Creek Trail and
    Bridge Construction
    n. ORDINANCE: Sale of Kenwood Lot (2nd reading) pulled for discussion
    o. ORDINANCE: Petition to Rezone Property Adjacent to 601 Concord Avenue (2nd
    reading)
    p. ORDINANCE: Cable Franchise Agreement Extension (carried)
    Item n, Sale of Kenwood Lot, was moved to report number five on the regular agenda.
    On motion by Mr. Norris, seconded by Ms. Smith, Council approved the consent agenda.
    (Ayes: Mr. Norris, Ms. Smith, Mr. Huja, Ms. Galvin, Ms. Szakos; Noes: None.)
    PUBLIC HEARING / RESOLUTION: Authorize Lease Agreement for 608 Ridge Street
    Authorize Lease Agreement for 608 Ridge Street
    Ms. McHugh presented to Council on the authorization of the lease agreement at 608 Ridge
    Street. Staff proposes to continue the current lease until June 30, 2014, at which time LEAP may
    move into the basement portion of the building. There are some issues that are being worked out
    with the current tenant due to canines living in the basement.
    Ms. Galvin asked if the rent of $400/month for the basement apartment is at market rate.
    Ms. McHugh said we did not do a comparison based on size.
    On motion, the public hearing was opened. Having no speakers, the hearing was closed.
    Ms. Szakos said it worries her to take an affordable unit out of circulation because of our
    need for workforce housing. Ms. Smith said we may want to revise the lease to say no pets due
    to the current issues.
    Ms. Galvin said she wonders why Council is being asked to subsidize the rent if LEAP
    feels it needs to expand but does not have the resources. They should go through the ABRT
    process so they can pay the $400/month rent increase. Ms. McHugh said they are not expanding
    but need additional space because staff is cramped in the current area.
    6
    Mr. Norris said LEAP is serving a wider area than they originally were.
    The resolution was moved by Mr. Norris and seconded by Ms. Smith. Ms. Szakos asked if
    they would accept an amendment to keep the basement as an apartment. Ms. Galvin said it
    sounds like they need the space. We should allow them to expand, then keep the rent at the $400
    level. Ms. Szakos asked if we could put the extra $200 in the Housing Fund. Mr. Huja said that
    is a conversation for another time. Ms. Galvin said we should amend the resolution to read
    $1,000 - commencing on July 1. Mr. Norris and Ms. Smith accepted Ms. Galvin's amendment.
    The resolution passed as amended. (Ayes: Mr. Norris, Ms. Smith, Mr. Huja, Ms. Galvin, Ms.
    Szakos; Noes: None.)
    PUBLIC HEARING / RESOLUTION: Lease Agreement for Cellular Equipment at
    Market Street Parking Garage
    Lease Agreement for Cellular Equipment at Market Street Parking Garage
    Mr. Engel presented to Council and explained the proposal from Cellco Partnership to
    install antennas and associated radio equipment on the Market Street Parking Garage property.
    Ms. Smith asked if there are health implications associated with the proposed equipment.
    Mr. John Cooper, representing Verizon Wireless, said there are health requirements, and their
    unit meets those requirements.
    On motion, the public hearing was opened. Having no speakers, the hearing was closed.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the resolution passed unanimously.
    (Ayes: Mr. Norris, Ms. Smith, Mr. Huja, Ms. Galvin, Ms. Szakos; Noes: None.)
    Mr. Norris said this is going to generate $9,000/year for the City.
    REPORT: State of the City Address
    Mr. Huja presented a State of the City Address, reviewing the past year. A copy of the
    presentation is available on the City’s website.
    ORDINANCE: Sale of Kenwood Lot (2nd reading)
    Ms. McHugh presented to Council. The current ordinance is to sell to the Scott/Wood
    family. Mr. Daly and Mr. Brown provided clarification for Council on the 10' pipe stem
    easement. Mr. Huja asked if this provides enough space to accommodate construction vehicles.
    Mr. Daly said it depends on the size of the vehicle. City-owned maintenance vehicles would be
    able to access the area.
    Mr. Huja suggested amending the ordinance to provide 20' pipe stem access easements and
    accordingly reduce the price of the lot by that square footage rate. The money should go to the
    7
    recreation fund. Ms. Szakos asked staff about the need for more than 10'. She said she is
    concerned about steep slopes issues in connection with increasing the easement to 20'.
    Ms. Smith seconded Mr. Huja's motion.
    Ms. Galvin asked if there is an option to require an accessory unit as a condition of sale.
    Mr. Scott, the recommended purchaser, was invited forward to speak. He said providing an
    accessory unit is possible.
    In response to an inquiry from Ms. Smith, Mr. Brown explained that a lot of record is
    exempt from the steep slopes requirement, provided you locate the house in an area where there
    are no steep slopes if possible.
    Ms. Galvin made a further amendment to make an accessory unit a condition of sale. Mr.
    Norris seconded Ms. Galvin's amendment.
    Mr. Norris asked if we could change the easement to a 15' pipe stem, leaving the price asis,
    so as not to overcrowd the lot.
    Mr. Brown reminded Council that they cannot force occupancy of the accessory unit.
    Ms. Riddervold said there is a storm water structure at the street, and it may be blown out
    because of water coming off the street and running down the hill. There may be room for
    opportunity to put in some stabilizing material. Staff could come up with some strategies to
    ameliorate the issues at this location.
    Mr. Huja withdrew his motion for a 20' pipe stem. Mr. Norris moved to change the
    easement to accommodate a 15’ pipe stem; Ms. Smith seconded.
    Mr. Scott said the water meter and sewer set-up will have to be moved.
    The motion to amend the easement to accommodate a 15’ pipe stem passed. (Ayes: Mr.
    Norris, Ms. Smith, Mr. Huja, Ms. Galvin; Noes: Ms. Szakos.)
    The motion to amend the ordinance to require an accessory unit passed. (Ayes: Mr. Norris,
    Ms. Smith, Mr. Huja, Ms. Galvin; Noes: Ms. Szakos.)
    Ms. Smith reminded staff of the amendment that proceeds go to Parkland Acquisition.
    Ms. Szakos moved that staff reconfigure the two parcels so that there is a 15’ wide access
    pipe stem to the park. Mr. Norris seconded. (Ayes: Mr. Norris, Mr. Huja, Ms. Galvin, Ms.
    Szakos; Noes: Ms. Smith.)
    Council voted on the ordinance as amended. The ordinance passed. (Ayes: Mr. Norris, Mr.
    Huja, Ms. Galvin, Ms. Szakos; Noes: Ms. Smith.)
    8
    REPORT City Market/Mixed-Use Development Proposal
    City Market/Mixed-Use Development Proposal
    Mr. Engel presented to Council on the proposals to develop the current City Market.
    Ms. Galvin said it is important to emphasize urban design principles as part of the RFP.
    She submitted suggested revisions to reflect this. Mr. Engel said we can emphasize this in the
    guiding principle.
    Mr. Norris said he is not convinced the development community can come back with
    something that will work, but he is willing to test the idea. If we cannot make this work, he
    hopes Council will consider going with Option 1 and create a public plaza.
    Council voted to support the RFP unanimously. (Ayes: Mr. Norris, Mr. Huja, Ms. Galvin,
    Ms. Szakos, Ms. Smith; Noes: None.)
    REPORT: Charlottesville Redevelopment & Housing Authority Review
    Charlottesville Redevelopment & Housing Authority Review
    Mr. Jones presented to Council on his review of the CRHA over the last few months. He
    reviewed activities over the past year that have increased the relationship between the City and
    the CRHA. Areas of concern include financial outlook, resident relations, facilities maintenance,
    procurement, human resources, board development, public safety, and redevelopment.
    Mr. Jones reviewed his recommendations for Council, which are detailed in the memo
    contained in the Council materials.
    Mr. Norris thanked Mr. Jones and his staff for their dedication to this issue. He said the
    CRHA does not have development capabilities right now. We should put RAD on the
    backburner and get the Charlottesville Development Corporation (CDC) off the ground. He is
    concerned about having the Council serve as the Housing Authority board. He is also concerned
    with the idea of drawing money from the Housing Fund in order to cover operating costs
    associated with CRHA. The purpose of the fund is strictly to grow affordable housing stock. He
    appreciated the direction Mr. Jones is taking this conversation.
    Ms. Szakos asked if we invited the CRHA Director and Board to attend this presentation.
    Mr. Jones said they were aware of it. She said she was startled at the magnitude of the shrinkage
    of the CRHA staff, and she believes some of the problems with organization and communication
    can be attributed to this. We do need to put more money into the Housing Fund, and we should
    examine this issue during the budget cycle.
    9
    Ms. Galvin said the CRHA used to be a robust agency, and we really do not have an
    agency that does redevelopment any longer. She does not see how the CDC will be able to
    address best practices in the resident services industry.
    Ms. Smith said she was shocked to see the frequency of repair calls. She asked if there is a
    fundamental problem with efficiency. She does not want to see the City invest in an already
    broken system. There are pros and cons to the options on the table. She thanked Mr. Jones for
    the great information.
    Mr. Huja said he is pleased we have begun the discussion. He agreed with Mr. Norris that
    daily management should not be delegated to the Council. He said we need staff. The most
    important thing is quality of housing. He suggested holding a work session.
    Ms. Smith said we need more information on whether Section 8, RAD, or public housing is
    the most viable long-term option.
    Mr. Huja asked if we can set a deadline for June 30 to get the items Mr. Jones outlined
    accomplished. Mr. Jones said this would be suitable and agreed that a work session would allow
    for a deeper analysis.
    RESOLUTION: Water Resources Protection Program Fee Waiver and Incentive
    Policy
    Water Resources Protection Program Fee Waiver and Incentive Policy
    Mr. Dan Sweet presented an update on the WRPP to Council.
    Mr. David Bulova, with AMEC Environmental Infrastructure, presented to Council on the
    proposed stormwater credit policy and incentive program. He gave an overview of the program,
    reviewed key policy discussion points and provided clarifications for Council.
    Mr. Norris asked why the start date for evaluating implementation was July 1, 2009. Mr.
    Bulova said 2009 is when the Chesapeake Bay program ran the model and established a baseline.
    Ms. Smith asked if we can be assured new developments are being managed to the
    requirements. Mr. Bulova said all facilities will be inspected, and credits provide an incentive
    for owners to maintain their properties. Ms. Smith asked if it is possible for anyone to get 100%
    of their fee waived. The consultants replied that the maximum fee will be the greater of 90% or
    100% minus one billing year. Ms. Smith asked why an advisory council was not formed sooner.
    Ms. Riddervold said one of the conditions of the utility being launched was the approved credits
    component. The committee was programmatic in nature, and not tasked with developing the
    building blocks of the program.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the resolution was adopted as
    presented. (Ayes: Ms. Smith, Mr. Huja, Ms. Galvin, Ms. Szakos; Noes: Mr. Norris.)
    10
    REPORT: Homeowner Assistance with Stormwater Utility Fees
    Homeowner Assistance with Stormwater Utility Fees
    Mr. Brown said staff is looking for guidance on mechanisms and criteria to assist
    homeowners in paying their fee when assistance is necessary. Mr. Brown recommended Council
    use this as a year to learn who uses this and who does not, and determine future need based on
    this information. Staff's recommendation is to use existing guidelines from the CHAP and Real
    Estate Tax Relief programs.
    Mr. Huja said Council supports this and asked staff to come back with a resolution for a
    vote at an upcoming meeting.
    RESOLUTION: Transfer of Funds from Capital Improvement Program
    Contingency for the Context Sensitive Street Design Funding Appropriation -
    $300,000
    Transfer of Funds for the Context Sensitive Street Design Funding Appropriation
    Mr. Huja asked if Council was amenable to rescheduling this report for a future meeting.
    This is not a time-sensitive report. Ms. Galvin said this is a complex issue with three major
    facets. Ms. Smith said Council needs a presentation on the Context Sensitive Street Design
    report.
    The report was deferred to the second meeting in January. Ms. Szakos asked if we can
    have a presentation of the costs and Complete Streets 101 in the near future. Mr. Tolbert said we
    can do this with one-on-one meetings.
    Ms. Smith asked for some aspects of the resolution to be separated, such as the time line.
    RESOLUTION: Allocation of Charlottesville Housing Funds for Development of
    Property at 991 5th Street S.W. - $350,000
    Allocation of Charlottesville Housing Funds for Development of Property at 991 5th Street
    Ms. McHugh presented to Council. The City has been working with Charlottesville
    Abundant Life Ministries (CALM) to help purchase property and determine how to best develop
    this site by providing planning grant and technical assistance. In order to satisfy funding
    requirements for HUD, we must close out this project immediately.
    Mr. Huja clarified that he is not paid for his service on the board and does not believe he
    has any conflict on this matter.
    11
    Mr. Rydell Payne, Executive Director of Charlottesville Abundant Life Ministries, said we
    would like to see some of those families work with those homes. The goal is for residents who
    currently live there be able to afford to buy them in the future.
    Mr. Dan Rosensweig, Executive Director of Habitat, said providing a mixed income is
    what the market will bear in terms of 20-25%. He explained their design plans.
    Mr. Norris said it is too late to drop this project at this time; we should stay true to the
    vision CALM has had all along. Mr. Norris moved to approve the resolution. Mr. Huja
    seconded. Ms. Smith requested an amendment stating that to the greatest extent possible, current
    residents of the Prospect Avenue community shall be given access to purchasing these homes.
    Mr. Norris and Mr. Huja accepted the amendment. Ms. Galvin said she would like to see a
    phasing plan.
    The resolution was adopted with the noted amendment. (Ayes: Mr. Norris, Ms. Smith, Mr.
    Huja, Ms. Galvin, Ms. Szakos; Noes: None.)
    RESOLUTION: Transfer of Funds from Capital Improvement Program
    Contingency for the Synchro Project - $300,000
    Transfer of Funds from Capital Improvement Program Contingency for the Synchro Project
    Mr. Tolbert presented to Council. Staff has learned that VDOT will not let the City join the
    project they are doing in Albemarle County because of funding source issues.
    Ms. Szakos said the increased price tag makes this less attractive, but this is still an
    important project.
    Ms. Galvin said our citizens are concerned about intersection safety and street design, not
    light synchronization. Mr. Tolbert said the better traffic moves in these high volume areas, the
    better our neighborhood streets will move. Cut-through traffic will be reduced.
    Mr. Huja said this is a minor amount of money compared to what we could be spending on
    highway improvements.
    Ms. Galvin said since there is no longer urgency, we should defer a decision on this until
    the budget process.
    Ms. Smith asked how VDOT expects this project to be successful if it all stops at
    Hydraulic.
    Ms. Szakos moved allocating the additional $300,000 on the condition that we do it in the
    same contract as VDOT and the county project. Mr. Huja seconded the motion. Ms. Smith said
    this does not address garnering county funds. A vote was note called for. Council decided to
    table this until staff can further discuss our options with VDOT.
    12
    RESOLUTION: YMCA Ground Lease - Extension of Deadline for Construction
    YMCA Ground Lease - Extension of Deadline for Construction
    Mr. Brown presented to Council. The YMCA has submitted a letter for an extension until
    January 15, 2015. Council must decide if the YMCA has shown good cause for requesting the
    extension, and if so, if there is a good reason not to grant the extension.
    Ms. Smith asked for an explanation of the YMCA's funding situation. Mr. Kurt Krueger,
    Chairman of the YMCA, explained the history of their funding delays and why they occurred.
    Ms. Smith asked what would happen if the YMCA cannot secure funding. Mr. Krueger
    said they are offering personal guarantees. She asked what risk the City is taking. Mr. Krueger
    said if they fail to operate the building for a certain period of time, they are in default, at which
    time the City can terminate the ground lease and will acquire the building.
    On motion by Ms. Szakos, seconded by Ms. Galvin, the motion to extend the lease by one
    year was granted. (Ayes: Mr. Norris, Mr. Huja, Ms. Galvin, Ms. Szakos; Noes: Ms. Smith.)
    REPORT: SPCA Annual Update (Written Report Only - no presentation)
    SPCA Annual Update
    REPORT: Region 10 Update (Written Report Only - no presentation)
    Region 10 Update
    OTHER BUSINESS
    Mr. Norris said Mr. Ghartey has asked that the City donate a flag with the City seal on it so
    the winners of the annual Ghana festival can display the City flag. The motion passed
    unanimously. (Ayes: Mr. Norris, Mr. Huja, Ms. Galvin, Ms. Szakos, Ms. Smith; Noes: none.)
    MATTERS BY THE PUBLIC
    Mr. Louis Shultz, 1809 E. Market St., said this is the sixth time he has come to Council
    about Steephill Street. He said he will not go away until Council addresses his issues.
    Meeting adjourned.