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 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
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.
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
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.
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
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
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.
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.
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
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
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
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
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.
Ms. Smith said a decrease in our real estate assessments is making our City a little more
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
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
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
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.
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.
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
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
Council thanked staff for their hard work over the weekend and during the day on this
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
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
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
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.
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
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:
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
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
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.
Mr. Scott Bandy, Cherry Ave., said he is disappointed that Council was not prepared to
vote on the Human Rights Commission tonight.
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