SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL
NOTICE OF SPECIAL MEETING
A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
HELD ON Monday, March 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
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.)
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,
Ms. Szakos announced Fix a Leak Week, March 17-23. For more information go to
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.
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
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
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
Mr. Jackson. There have been at least six meetings between the police department and the Smith
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)
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)
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
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
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.
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
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.
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
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.
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
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
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
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
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.
Ms. Galvin said it is compelling to look at the cost efficiency of alternatives to committed,
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
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.
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
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
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