Special Meeting of the Charlottesville City Council
NOTICE OF SPECIAL MEETING
A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE HELD
ON Monday, February 2, 2015, 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 – February 2, 2015
Council met in special session on this date with the following members present:
Ms. Smith, Ms. Galvin, Mr. Huja, Ms. Szakos, Mr. Fenwick.
On motion by Ms. Szakos, seconded by Ms. Smith, Council voted, (Ayes: Mr. Huja, Mr.
Fenwick, Ms. Szakos, Ms. Smith, Ms. Galvin; Noes: None), to meet in closed session for (1)
Discussion and consideration of specific 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 disposition of City-owned real property on Water Street, where discussion in
an open meeting would adversely affect the City’s bargaining position or negotiating strategy, as
authorized by Va. Code sec. 2.2-3711 (A) (3).
On motion by Ms. Szakos, seconded by Ms. Smith, Council certified by the following
vote (Ayes: Ms. Galvin, Mr. Fenwick, Ms. Smith, Ms. Szakos, Mr. Huja; 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
COUNCIL CHAMBERS - February 2, 2015
CALL TO ORDER
Council met in regular session on this date with the following members present: Mr. Huja,
Mr. Fenwick, Ms. Szakos, Ms. Galvin, Ms. Smith.
AWARDS/RECOGNITIONS & ANNOUNCEMENTS
Ms. Szakos read a proclamation in honor of Mr. James E. Tolbert, who is leaving the City
after 15 years.
Ms. Galvin announced the Parkway Grand Opening on Thursday at 1:30 p.m. and gave a
review of the Interchange Project.
Ms. Szakos announced the 2015 City Market Arts on February 14 from 10:00 a.m. – 4:00
p.m. at the Carver Recreation Center.
Ms. Smith announced the renewal registration for garden plots is open through Friday,
February 13. Plots are not automatically renewed and must be registered for each year. Go to
www.charlottesville.org/parksandrec for more information.
Ms. Smith announced a preschool Black history program, coordinated by Mr. Alex Zan, on
Monday, February 16 at 10:00 a.m. at the Carver Recreation Center.
Ms. Smith announced Created Equal: America's Human Rights Struggle will take place at
the Downtown Library. Films include Freedom Riders on February 12 at 6:00 p.m. and The
Loving Story on February 26 at 6:00 p.m., both in the McIntire Room.
Mr. Fenwick announced the Charlottesville Cardinals Wheelchair Basketball team is now
ranked number 12.
The DMV-To-Go full service bus will be parked on Friday, February 6 from 9:00 a.m. –
4:00 p.m. in the 6th Street Alley next to City Hall.
Mr. Fenwick announced the Charlottesville Fire Department has received the ISO Fire
Protection Class 1 Rating. Chief Werner addressed Council and gave more information about
what the class one fire protection rating means for the City of Charlottesville. He thanked
Council for their support.
On motion by Ms. Smith, seconded by Ms. Szakos, Mr. Mike Gaffney was appointed to the
Rivanna Water and Sewer Authority and the Rivanna Solid Waste Authority as Chair. (Ayes:
Ms. Smith, Ms. Szakos, Ms. Galvin, Mr. Huja, Mr. Fenwick; Noes: None.)
Ms. Szakos announced a Town Hall meeting for the Woolen Mills neighborhood on
February 12 and City Hall closure on February 16 in honor of Presidents Day. The second
regular Council meeting of the month will take place on February 17.
MATTERS BY THE PUBLIC
Mr. Huja read guidelines for participating in Matters by the Public.
Mr. Eberhard Jehle, 1402 Hazel St., said the City adopted a Complete Streets resolution
about a year ago, which means important corridors are to be made safe for bikes and pedestrians.
West Main is the only flat and direct connection between the Downtown/Belmont and Martha
Mr. Brandon Collins, 418 Fairway Ave., said the DMC report from 2011 showed
disparities. He said leadership of the DMC Task Force should come from the community, and
meetings should be held at times accessible to all in the community. A process for data collection
must be implemented before the new software is purchased.
Ms. Cherry Henley, 463 Rio Rd., said the DMC task force needs to be reconfigured to
include community members.
Mr. Nelson Kane, 1200 W. Main St., asked if there was an ordinance for high buildings in
the City of Charlottesville.
Mr. Doug Owens, Palmyra resident, said he is concerned about the Workforce Center and
is seeking funding for his work force program. He said the Downtown Workforce Center is not
working for the Haven population.
Mr. Mike Basile, 765 Taylor’s Gap Road, with the Jefferson Area Tea Party, requested that
members of the MPO call for a halt to the grade separated intersection at Rio/29 until studies are
completed showing this is the best value for our money. He asked Council to call on the
governor to halt the GSI [grade separated intersection] project.
Ms. Rebecca Quinn, 104 4th Street, said she was disappointed that the Lee/Jackson Day
public hearing was not published in the newspaper simply because it was not a legally required
Ms. Mary Carey, 100 Ridge St., said the DMC task force should be community-organized.
She said she does not see Black history around the City. She said racism is still happening in the
City, and it needs to stop.
Mr. Raymond Mason, 717 Cynthiana Ave., thanked Mr. Fenwick for the meeting he held
on January 29. He said we need to correct communication issues with residents and businesses.
He cited statistics that show a lack of Black and other minority teachers in Charlottesville.
Mr. Louis Shultz, 1809 E. Market St., said this is the 32nd time he has come to Council
accusing staff of violating City code and civil rights.
Mr. Phineas McGillicuddy (Jeff Winder), 1100 Mill Pond, said the Department of Social
Services does not return children to their families proportionately according to race. He said the
Police Department's Stop and Frisk policy is racist.
Mr. Kenneth Key, 112 W. Market St., asked for assistance with emergency services and
general relief from the Department of Social Services. He said the City’s homeless shelters need
Dr. Rick Turner, said the reasoning behind the Stop and Frisk policy is dangerous.
Stopping individuals because of their race is a big problem, and we have to put a stop to it.
COUNCIL RESPONSE TO MATTERS BY THE PUBLIC
Ms. Dede Smith said Mr. Shultz's comments were untruthful. She said Mr. McGillicuddy
spliced her picture into a video when she was not even there, and she did not appreciate that. She
said it does not help to come and speak untruths.
Mr. Fenwick said he agreed with Ms. Quinn and said the Council agenda should be
published in the newspaper. He said he is distressed at the nature of the atmosphere, and there is
a great deal of uncertainty in the community. He said the ABC Store on W. Main Street provides
an opportunity for a divided community to come together. He said he respects Ms. Smith.
Ms. Szakos told Mr. Owens that there is a period during which the City solicits applications
for financial support, which will come around again next year. She invited Mr. Owens to apply.
She said the height limit on West Main Street varies by block, and more information may be
obtained at NDS. She said the MPO was unanimous in its support for the Rio/29 intersection, so
even if the City representatives did change their votes, it would not matter. However, they do
support the project. She said there is a cost to publishing hearings in the paper to keep in mind.
She is always open to hearing ideas about improving our public process. She said the hotel at the
corner of Ridge and Cherry has not yet been approved, but development would include housing.
We need to create a community that is supportive of everyone in it. She said we have free speech
in America, and Council has declined to hold a hearing for Mr. Shultz; however, it is right to
continue to come. She suggested that Mr. Key speak with Social Services and AIM. In response
to Dr. Turner’s comments, she clarified that it is not that 77% of African Americans are stopped
by police, but rather that 77% of those who are stopped are African American. She said this is
still disproportionate, but she wanted to make this clear.
Ms. Galvin told Mr. Jehle and Mr. Russell Kane that a work session is scheduled for
February 19 from 3:30 p.m. – 5:30 p.m. to discuss the West Main Street plan and the buildings,
among many other topics. She said the number of African American teachers, as well as police
officers, are not where they should be. However, City staff has a good representation at 37%. It
is an issue that teachers and officers cannot afford to live in the City because of high housing
costs. We need to do a better job on offering affordable workforce housing, and we are working
on solutions for this.
Mr. Huja said he agrees with his colleagues' comments. He is supportive of bike lanes on
W. Main Street.
a. Minutes for January 20
b. APPROPRIATION: Charlottesville Affordable Housing Fund - $215,913.33 and
Tonsler Park Capital Project Account - $156,391.02 (carried)
c. RESOLUTION: Special Use Permit for Temporary City Market
RESOLUTION APPROVING A SPECIAL USE PERMIT AS REQUESTED BY
APPLICATION NO. SP-14-12-12 TO AUTHORIZE THE TEMPORARY USE OF
PROPERTY LOCATED AT 100 EAST WATER STREET TO BE TEMPORARILY USED AS
A FARMER’S MARKET
RESOLUTION: Initiation of Changes to the Procedures for Submission and Public
Review of Certain Applications
Mr. Fenwick asked to pull item d for discussion.
On motion by Ms. Galvin, seconded by Ms. Szakos, the consent agenda passed except for
item d. (Ayes: Ms. Smith, Ms. Szakos, Ms. Galvin, Mr. Huja, Mr. Fenwick; Noes: None.)
PUBLIC HEARING / ORDINANCE: DESIGNATED TREES UNDER THE TREE
Ms. Bitsy Waters, Chair of the Tree Commission, presented to Council.
On motion, the public hearing was opened. Having no speakers, the hearing was closed.
Mr. Fenwick thanked Ms. Waters for her leadership and service. Ms. Smith said this is
great, and she supported it. She gave instructions for how to nominate a public tree for
On motion by Ms. Szakos, seconded by Ms. Smith, the ordinance carried.
REPORT: ENDING LEE/JACKSON DAY OBSERVATION
Mr. Jones presented to Council and provided background information on the topic.
Ms. Smith clarified that when we say we are not going to observe this holiday, it means the
City will not take the day off.
On motion, the public hearing was opened.
Mr. John Heyden said liberals impose their opinions to change history. He said the
Lee/Jackson holiday was only recently subverted as a racist holiday by liberals. He said we
cannot erase history.
Mr. Bo Travick, 1818 Lester Rd., Richmond, spoke in support of retaining Lee Jackson
Day in Charlottesville. He gave an overview of history at the time of the Civil War and said this
was a war about money, not slavery.
Ms. Karen Cooper, Richmond resident, spoke in support of keeping the Lee Jackson
Holiday. She said she is tired of people asking to be treated specially without working for it. She
and her family worked hard for what they have.
Ms. Susan Hathaway, 608 Kendlewood Ln., Richmond resident, asked Council not to
remove the Lee Jackson Day from the City's calendar. This sets a dangerous precedent and is a
slight to all veterans.
Mr. Mike Yamine Bouganim, Petersburg resident, said he is ashamed those in this room is
not giving everyone respect. He said Gen. Lee was against slavery and released his slaves before
the war. He said the south was not fighting against slavery, but about an overbearing
Mr. Raymond Mason, 717 Cynthiana Ave. said clearly Charlottesville has some racial
issues that need to be resolved. He said we need to let history be history and not glorify a dark
part of our history.
Mr. Kirk Clyatt, Charlottesville resident, 208 Meade Ave., said he is a son of the south and
is proud of his southern heritage, but he says it is time to give up Lee Jackson Day.
Mr. Barry Isenhour, Midlothian resident, said Generals Lee and Jackson were not racists.
He described the events he participated in to commemorate Lee and Jackson. He said people are
misinformed about the war.
Mr. Wes Bellamy, 1002 Linden Ave., said we need to listen to local residents and those
who feel they are being disrespected. We need to move forward as one community. He has heard
from over 150 people who live in and around Charlottesville who do not want this holiday to
continue. He said we empower people in Charlottesville, not baby them as a previous speaker
Mr. Wayne Sullivan, Charlottesville resident, member of Sons of Confederate Veterans,
said our ancestors are noble and deserve to be recognized as such. Please do not do away with
Lee Jackson Day in Charlottesville. He said this is not a race issue.
Mr. Scott Bandy, 1639 Cherry Ave., said the holiday should be eliminated as a paid holiday
for City workers.
Mr. Brandon Collins, Cherry Ave., said the City should not endorse the ideals of Lee and
Jackson and should not celebrate this day.
Mr. Phineas McGillicuddy (Jeff Winder) said we should examine our history because the
war was not about states' rights. He said the war is still being fought.
Mr. Patrick Staid, Richmond resident, said this holiday should be celebrated. Generals Lee
and Jackson were not racists.
Ms. Brenda Wharton Jouett, 761 Ridge St., asked why we would keep a day that humiliates
a race of people. We should not uphold men who held slaves.
Ms. Gloria Beard, 1116 Page St., said there may be a history about Lee and Jackson, but
our history [African Americans] has never been written.
Ms. Mary Carey, resident, said we were not even supposed to be taught Black history in
schools, but our Black teachers taught us anyway, and they told us this day would come. She
said Lee and Jackson fought to keep slaves in the south. She said if people want to celebrate Lee
and Jackson, let them do so on Veterans Day.
Mr. Phillip Johnson, Free Union resident, said the war was not about slavery. He said this
has just stirred up calm waters. You cannot forget history to appease someone's feelings.
Ms. Gabriella Selong, (Donna Gasapo), said she is Filipino and is in solidarity with
enslaved Africans and their descendants. She said this was not about state's rights.
Mr. Luis, Charlottesville resident, said he is from Puerto Rico and does not understand why
people defend this racist holiday instead of recognizing Juneteenth when slaves were freed.
Ms. Rosia Parker, 816 Hardy Dr., said we already have Lee Park, and we do not need to
celebrate Lee and Jackson. There is a racial disparity in Charlottesville, especially dealing with
Having no further speakers, the hearing was closed.
The mayor called for a brief recess.
Mr. Fenwick said no one in this room denies the abhorrence of slavery. He said he
struggles with this topic. If we start taking statues down, we have to take them all down. He
said when people are here to voice their opinion, they should be treated with dignity and respect
regardless of whether or not you agree with them.
Ms. Smith said Councilors received a lot of emails, and she engaged respondents. She
asked people how they observe this holiday. The City does not observe this holiday as a practical
matter with any sort of festival or parade. She said she supports taking this off the City calendar
and polling staff about what holiday it should be replaced with.
Ms. Szakos said Council has received several emails and Facebook commentary. This is a
local commemoration, and we need to discuss this locally. All local emails except for two
supported ending the observance at the City. She seconded the idea of asking the City Manager
to work with staff to decide what alternative holiday should replace it. She said if folks outside
of Charlottesville want to celebrate Confederate history, they should appeal to their local
Ms. Galvin said because of her background, her perspective of the Civil War is very
different than some of the perspectives that have been shared tonight. She shared a quote from
Gen. Grant and recommended celebrating Veterans Day with respect to the heritage of the many
who spoke tonight.
Mr. Huja said history can teach us many lessons if we are willing to learn. Discussion of
this issue has fragmented our community. We need thoughtful dialogue. He said we cannot judge
the past by current standards. Council will make a decision about this at their next meeting.
PUBLIC HEARING / ORDINANCE: SPOT BLIGHT - 610 RIDGE STREET (carried)
Mr. Tolbert reported to Council. He presented a slide show of the structure's issues and
reviewed the Planning Commission's findings.
On motion, the public hearing was opened.
Ms. Jean Hiatt, 1534 Rugby Ave., said the home at 610 Ridge Street is a significant
structure in the Ridge Street National Register Historic District. It would be detrimental to this
historic avenue of homes to lose a significant structure that can be successfully preserved.
Preservation Piedmont supports and encourages the City to move forward on purchasing and
restoring the Gleason-Rhodes House.
Having no further speakers, the hearing was closed.
Mr. Fenwick said this house was a mess 15 years ago, and he supports a change in
ownership quickly before the house falls in on itself.
Ms. Szakos said she looked up the property, and one of the two sisters owns four lots in the
City. She said two lots are vacant, and one rental property is in good shape. The owners are
clearly not interested in taking care of it, and she believes it is reasonable for the City to pay its
value and take it over.
Ms. Smith said it is important to know if this is a family that is trying to preserve this home
for future generations. Mr. Tolbert said we can try to make contact but have been unsuccessful
after several attempts so far.
Mr. Huja said he supports this and would like to proceed on it as soon as possible.
Ms. Galvin said she supports moving forward, and if we wait any longer the home may
collapse. She said people from the Building Goodness Foundation may be a good group to talk to
On motion by Ms. Szakos, seconded by Ms. Galvin, the ordinance carried.
REPORT: DISPROPORTIONATE MINORITY CONTACT (DMC) AND RACIAL
DISPARITIES IN THE JUVENILE JUSTICE SYSTEM
Mr. Murphy updated Council about Disproportionate Minority Contact (DMC) and racial
disparities in the juvenile justice system. He said this work takes a lot of involvement and
partnership to make things happen. He reviewed the DMC Task Force's recommendations and
posed questions for Council's consideration.
Ms. Szakos said this seems to be a budgetary question as much as a philosophical question.
Ms. Galvin said she realizes there is still a lot of work to do, and she does not want to distract the
completion of the DMC's completion of this report, but she is concerned about the gap analysis.
Mr. Murphy said the Comprehensive Services Act (CSA) requires that the CPMT (Community
Policy Management Team), which is the governance body for CSA, set a list of local priorities
annually, and that has just been approved for the year starting July 1, 2015. These include
medication review and psychiatric services, which is the number one gap in our community.
Crisis intervention and stabilization services are next on the list, followed by offering services
that help people of different cultures. We are up to 13% of school children in ESL. Ms. Szakos
asked if it make sense to charge the CPMT with an expanded portfolio to address some of the
questions surrounding mental health issues.
Ms. Smith asked about police data and said we need an independent body to review the
data because of the skepticism about the police being involved. She said this should be
expanded to adults, and she requested that a subcommittee of the DMC discuss how to approach
it before spending the money.
Mr. Fenwick said the community wants to see actual improvement. Mr. Jones said 58
juveniles were arrested last year in the Charlottesville community. This number has decreased
significantly in the last eight to nine years.
Mr. Huja asked if the Human Rights Commission can play a role in this. Mr. Murphy said
Ms. Green is currently acting as a liaison in some of these forums.
Ms. Smith said it may be helpful for the committees to come up with benchmarks for
Mr. Dave Chapman said this is a limited discussion, and there are some fundamental things
that have not been examined. He said they have always had a commitment that they are moving
on to the adult system as soon as possible.
Ms. Galvin asked for information about policy choice and budgetary implications in a
Mr. Huja said the primary focus is to address the juvenile system first. Mr. Chapman said
we have people ready with energy to go forward on the adult system.
Ms. Szakos said she is supportive of an inside data system.
Ms. Smith said street contact is another issue that needs to be addressed, and we do not
have to wait for the results of these reports to do so.
RESOLUTION: ROAD PROJECTS UPDATE & OLD LYNCHBURG ROAD
PROJECT FUNDS TRANSFER TO CAPITAL IMPROVEMENT PROGRAM -
Mr. Tolbert updated Council on Belmont Bridge, the 250 Interchange, and the Old
Lynchburg Road project. Mr. Tony Edwards and Mr. Dan Sweet are working to continually
improve the BMP to make sure it is working and holding water for the appropriate amount of
time. He explained the transfer resolution.
Mr. Fenwick asked clarification questions about the project, including the plan for the
traffic islands. Mr. Tolbert said the neighborhood was aware of the islands as part of the plan,
and if they want them removed, they may request that staff do so. They were implemented to
slow traffic as requested.
On motion by Ms. Szakos, seconded by Ms. Galvin, the resolution passed. (Ayes: Ms.
Smith, Ms. Szakos, Ms. Galvin, Mr. Huja, Mr. Fenwick; Noes: None.)
Ms. Smith asked why there was so much money in the account. Mr. Tolbert said this is
because Council decided not to work on the section from Azalea to Middleton.
Transfer of Funds from Old Lynchburg Road Capital Account to Capital Improvement
Program Contingency – $850,000
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville,
Virginia that the following is hereby transferred in the following manner:
Transfer From – $850,000
Fund: 427 WBS: P-00511 G/L Account: 599999
Transfer To – $850,000
Fund: 426 WBS: CP-080 G/L Account: 498010
Fund: 426 WBS: CP-080 G/L Account: 599999
REPORT: FAMILY SELF SUFFICIENCY SERVICES TO ASSIST PUBLIC
Mr. Murphy presented to Council. He said staff is prepared to undergo recruitment and is
exploring duel enrollment in the HUD program to maximize opportunity for the residents to get
Mr. Huja asked how many families will receive help in a year. Mr. Murphy said about 20
individuals and/or families will go into the intensive case work model, but they plan on working
with a much broader group.
Ms. Smith said she has an issue that this is a third program, in addition to the Housing
Authority and PHAR. She said the current financial situation as described by HUD is shocking.
Ms. Galvin said this begs the question of when we will start redevelopment.
Ms. Szakos said HUD is no longer a service provider, and one of the reasons the City
should get involved is because HUD has dropped the ball.
Mr. Murphy said we are talking about this as though it were one of three programs, but it
may very well be the only program in the future, with the way things are headed. This position
would bring a skilled perspective to this problem and will hopefully bring better results to bear.
Ms. Szakos moved a two year program with existing funds; Ms. Galvin seconded the
Ms. Smith said we have blinders on, and this is not what we asked the City Manager to do
when we asked for these problems to be addressed. Mr. Jones said this is a step in the process of
addressing redevelopment. Ms. Galvin said we have to make a decision about moving forward.
Mr. Fenwick asked if we are talking about closing the deficit, because that is the crucial
issue. Mr. Huja said we are working on that, but this item does not address that issue.
A vote was called, and the motion passed. (Ayes: Ms. Galvin, Ms. Szakos, Mr. Huja;
Noes: Mr. Fenwick, Ms. Smith.)
Ms. Smith noted that the written Water Resources Protection Program written report was
Ms. Szakos suggested that Councilors submit their National League of Cities conference
summaries as a written report.
RESOLUTION: INITIATION OF CHANGES TO THE PROCEDURES FOR
SUBMISSION AND PUBLIC REVIEW OF CERTAIN APPLICATIONS
Ms. Szakos said this is simply to send this to the Planning Commission; Council will have
plenty of time to discuss it.
Mr. Fenwick said he wants to be sure there is adequate public input. He said the BAR is not
mentioned under formal approval. Albemarle County meetings take place after applications are
Mr. Huja said we can defer this discussion. Ms. Szakos asked if there is any downside to
deferring it, although she supports initiating it. Mr. Jones said this item can be placed on the next
agenda for discussion.
MATTERS BY THE PUBLIC
Mr. Jeff Fogel, DMC Task Force, said the task force has been trying to get data about stop
and search for juveniles, and they are not getting it. He asked Council to instruct staff to give the
task force the data, and to give direction to the task force on juvenile stop and frisk. He said we
can proceed on adult stop and frisk without any complication. He said committee members will
drop off the committee if they are hamstrung.
Mr. Scott Bandy, Cherry Ave., asked what the explanation was for switching reports on the
agenda tonight. Mr. Huja said it was so that Council could address an item quickly and move on
to the next item.
COUNCIL RESPONSE TO MATTERS BY THE PUBLIC
Ms. Smith said we do not have to wait for Mr. Chapman's complex court data to examine
street level contact.
Mr. Brown said he does not know of any authority of the Police Department to release
narratives regarding juveniles. By law, any records related to juveniles are confidential with few
exceptions, including a court order. The statutes distinguish between adults and juveniles. Ms.
Szakos said we are looking at the data by the Police Department, and we will be able to tell if it
is improving. Ms. Smith said she is interested in the base data.
Clerk of Council