SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL
NOTICE OF SPECIAL MEETING
A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
HELD ON Monday, October 15, 2012, AT 6:30 p.m. IN THE Second Floor Conference
THE PROPOSED AGENDA IS AS FOLLOWS:
Closed session as provided by Section 2.2-3712 of the Virginia Code
BY ORDER OF THE MAYOR BY Paige Barfield
SECOND FLOOR CONFERENCE ROOM – October 15, 2012
Council met in special session on this date with the following members present:
Mr. Huja, Ms. Szakos, Ms. Smith, Ms. Galvin. Absent: Mr. Norris.
On motion by Ms. Smith, seconded by Ms. Szakos, Council voted, (Ayes: Mr.
Huja, Ms. Szakos, Ms. Smith, Ms. Galvin; Noes: None; Absent: Mr. Norris), to meet in
closed session consultation with legal counsel for consultation with legal counsel for
legal advice regarding the negotiation of the terms and conditions of a cost sharing
agreement with the Albemarle County Service Authority for a new sanitary sewer
interceptor and pump station at the wastewater treatment plant site, as authorized by
Virginia Code sec. 2.2-3711 (A) (7).
On motion by Ms. Smith, seconded by Mr. Norris, Council certified by the
following vote (Ayes: Mr. Huja, Ms. Szakos, Ms. Smith, Ms. Galvin; Noes: None;
Absent: Mr. Norris), that to the best of each Council Member's knowledge, only public
business matters lawfully exempted from the open meeting requirements of the Virginia
Freedom of Information Act and identified in the motion convening the closed session
were heard, discussed or considered in the closed session.
COUNCIL CHAMBERS – October 15, 2012
Council met in regular session on this date with the following members present:
Ms. Galvin, Mr. Huja, Ms. Smith, and Ms. Szakos. Mr. Norris joined the meeting in
Mr. Huja read a proclamation recognizing the Kiwanis Club of Charlottesville for
their 90th anniversary. Mr. Jim Hart was present to accept the proclamation.
Mr. Huja announced the 250th Anniversary Gala, featuring Kool and the Gang,
on November 11 at the John Paul Jones Arena.
Ms. Galvin read a proclamation in honor of Community Planning Month. Mr.
Tolbert was present to accept the proclamation.
Ms. Galvin announced the Comprehensive Plan Update public meeting series,
which will occur on Wednesday, October 17 at Buford Middle School Cafeteria 6-8pm,
Thursday, October 25 at Venable Elementary Auditorium 6-8pm, and Thursday,
November 1 at Clark Elementary School Gymnasium, 7-9pm.
Mr. Norris announced that we are soliciting applicants for Boards and
Commissions. The deadline to apply is November 1. He also announced the National
Citizen Survey and encouraged citizens to complete and return the survey if they receive
one in the mail. He announced a Transit Study Open House tomorrow evening at the
Downtown Transit Center.
Ms. Smith announced that the City has received platinum certification through the
Virginia Municipal League 2012 Go Green Challenge. Ms. Riddervold was present to
accept the award on behalf of the City. Also on Tuesday, October 30, Ms. Smith
announced the Doggie Halloween contest, for which she will serve as a judge.
Ms. Szakos read the text of the Equal Rights Amendment resolution, which
Council will vote on as part of the consent agenda. She also announced deadlines for
absentee voting. Election Day is November 6.
MATTERS BY THE PUBLIC
Ms. Robbi Morrisson said she is here to recognize National 4-H Week. This
program has a wonderful impact on youth. For more information on the 4-H program,
please call 872-4580.
Mr. Huja said regarding item j, he is concerned because he is not sure what the
“other criteria” are. However, he is willing to proceed.
On motion by Ms. Szakos, seconded by Ms. Smith, the following consent agenda
items were approved: (Ayes: Mr. Huja, Ms. Szakos, Mr. Norris, Ms. Galvin, Ms. Smith;
a. Minutes for October 1
b. APPROPRIATION: FY2013 Blue Ridge Commons Corporation Sponsorship
Agreement with Charlottesville Police Department -
$86,000 (2nd reading)
c. APPROPRIATION: Crisis Intervention Team Coordinator – Appropriation of
Grant and Other Funds ($161,195) (2nd reading)
d. APPROPRIATION: Victim Witness Assistance Program Grant--$157,143
e. APPROPRIATION: Moore’s Creek Trail Proffer - $20,000 (2
f. APPROPRIATION: Personal Emergency Response System (PERS) for Public
Housing Residents - $3,120 (2
g. APPROPRIATION: 2013 Child Care Quality Initiative Grant - $25,127 ($21,232
state funds and required local match of $3,895) (2nd reading)
h. RESOLUTION: Approval of Regional Library Agreement
i. RESOLUTION: Equal Rights Amendment
j. RESOLUTION: City Council Policy- Nonprofit and Outside Agency
Funding Requests that Occur Separate from the Budget
PUBLIC HEARING/ORDINANCE: CONVEYANCE OF A PORTION OF FORMER
PRESTON AVENUE RIGHT-OF-WAY TO REGION TEN (carried)
Mr. Brown presented to Council. Region Ten Community Services Board recently
discovered that a narrow triangular-shaped strip of land that appears to be a part of their
property at 800 Preston Avenue is actually owned by the City. This property, which
covers a 2,760 square feet area, was probably at one time a part of the Preston Avenue
right-of-way but was left over as a remnant when the road was widened and realigned.
Region Ten recently discovered that this is not part of their property and requested the
City convey it to them without compensation. There is no staff concern regarding this
Ms. Szakos asked if this was land we could have sold separately. Mr. Brown said
it is not of sufficient size to be a stand-alone parcel that could be conveyed to anyone
On motion by Mr. Huja, the public hearing was opened.
Mr. Robert Johnson, Executive Director of Region Ten, said they have maintained
this piece of property. Also, this particular area is critical to potential future growth. He
requested that the City donate this to Region Ten.
Having no further speakers, the public hearing was closed.
On motion by Mr. Norris, seconded by Ms. Szakos, the ordinance carried.
Ms. Szakos thanked Region Ten for maintaining this piece of land thus far.
PUBLIC HEARING/RESOLUTION: COURT PETITION IN RESPONSE TO CITY
Mr. Huja recognized Ms. Jennifer Brown, who has long served as City Treasurer,
and thanked her for her service.
Mr. Brown presented to Council. Ms. Jennifer Brown announced her retirement as
City Treasurer, effective October 1, 2012. Her term of Office was scheduled to expire
December 31, 2013. This position will still be on the ballot on that date. However, when
a vacancy occurs in a constitutional office, Virginia Code provides that the “highest
ranking deputy officer . . . shall be vested with the powers and shall perform all of the
duties of the office”, until the vacancy is filled by election. In this case Chief Deputy
Treasurer Jason A. Vandever assumed the duties of the City Treasurer, effective October
Council should decide this evening if they wish to have a special election to fill
the vacancy for calendar year 2013 or ask the courts to allow Mr. Vandever to fill this
position until December 31, 2013. While ultimately the decision lies with the Court, Mr.
Brown will file a petition with the Court pursuant to Council’s wishes. Mr. Brown
explained constraints regarding the timing and other administrative information regarding
a special election.
Mr. Norris confirmed that a special election would mean scheduling two back-toback
elections for the same office. Mr. Brown said that would be the case.
On motion by Mr. Huja, the public hearing was opened.
Mr. John Pfaltz, 1503 Rugby Rd., said he has been trying to decry one party rule
for several years. He asked for a special election in order to give all parties a fair chance
at the position. He said this also looks like nepotism because of Mr. Vandever’s
Ms. Terri Perkins, 2311 Brook Rd., said she supports Mr. Vandever holding the
post of City Treasurer until December 2013. Holding a special election is not costeffective,
and we will be holding an election for City Treasurer in November 2013 either
Ms. Carole Thorpe, 1318 Oak Tree Ln., said she is speaking on behalf of the
Jefferson Area Tea Party. She thanked Council for communicating about this public
hearing. She said the Tea Party is concerned about the use of tax dollars, but the City
Treasurer position should be voted on by the general public.
Ms. Monica Walker, 1601 Concord Dr., said she appreciated Mr. Brown’s
explanation of the possible special election dates for this position. She said she supports
allowing the Deputy Treasurer to perform the duties of City Treasurer. She said a special
election should not be required and is not cost-effective.
Mr. John Conover, 104 West High St., said he supports appointing the interim
City Treasurer, especially because of the stress on the electoral board and the cost that a
special election would incur. He also spoke in support of the City Treasurer position
remaining an elected office.
Ms. Linda Seaman and Mr. Jim Nix, co-chairs of the Charlottesville Democratic
Party, said the Charlottesville Democrats find that a special election to fill the City
Treasurer vacancy is not required. They cited cost and the qualifications of Mr. Vandever
as reasons not to hold a special election.
Ms. Jennifer Brown, 511 N. First St., thanked Councilors and citizens for their
kind remarks and their support over the years. The Treasurer’s office concentrates on
customer service, and they have a terrific staff. Having several elections in a row will put
a tremendous strain on staff and citizens. Mr. Vandever has been trained for three years
and is eminently qualified.
Having no further speakers, the public hearing was closed.
Ms. Smith said she has sympathy for Mr. Pfaltz’s arguments, but in this case,
holding a special election would be just a show of support for those sentiments and not
have a concrete effect on the results.
Ms. Szakos agreed with Ms. Smith. She said by the time a special election is
held, Mr. Vandever would have been holding the position in an acting capacity anyway.
The difference is not worth the cost. Charlottesville’s voting record shows that the
majority of citizens are Democrats by party, but they do not always agree on issues.
Ms. Galvin said there is value in loyal opposition, and competition does make
people work better. However, this is not the right opportunity to prove that point, and the
expense is something we cannot ignore.
Mr. Norris asked Mr. Brown for clarification on whether the Treasurer has to be
an elected position. Mr. Brown said current law does not allow for this to be a nonelected
position. Mr. Norris said he disagreed that this position should be elected. These
positions should be based on competency, not on politics. That being said, Mr. Norris
said he supported the motion stating that a special election is not required.
On motion by Mr. Norris, seconded by Ms. Galvin, BE IT RESOLVED by the
Council for the City of Charlottesville, Virginia that the City Attorney is directed to file a
Petition in the Charlottesville Circuit Court requesting an Order allowing the Deputy City
Treasurer to perform the duties of the City Treasurer for the period beginning October 1,
2012 and ending December 31, 2013, and finding that a special election to fill the
vacancy created by the retirement of the former City Treasurer is not required. (Ayes: Mr.
Norris, Ms. Galvin, Ms. Szakos, Ms. Smith, Mr. Huja; Noes: None.)
REPORT: MEADOW CREEK STREAM RESTORATION PROJECT
Ms. Riddervold presented to Council. She gave a project overview, outlined
project drivers and goals, reviewed design and construction, and detailed outreach to
date. Updated information is available at www.charlottesville.org/meadowcreek.
Ms. Szakos asked Ms. Riddervold if there will be an opportunity in the local stage
for folks to work on the project. This is a good opportunity to provide training for a
growing industry. Ms. Diane Frisbee explained the project’s staffing plans and said they
will work on this.
In response to a question from Ms. Smith, Ms. Frisbee explained how they are
coordinating planting projects with the interceptor project. Ms. Smith asked if exploring
certain parts of the stream constitutes trespassing. Mr. Ehman said if you are on Rivanna
easements, you are trespassing because it is private property. Not all of the sewer
easement is accessible to the public. Ms. Smith asked if there will be public access
points. Mr. Ehman said additional access points will be built in eventually. Ms. Smith
asked if the amount of riprap will disappear, because she found it alarming. Mr. Ehman
said in three years, you will not see a lot of the large boulders, but instead natural
regeneration and plantings will be dominant.
Mr. Huja said he fully supports this project. He confirmed with staff that the trail
will be rebuilt. Staff said they are firmly committed to a network of trails. Mr. Norris and
Ms. Galvin commended staff on their excellent work on this project.
REPORT/RESOLUTION: MACAA REQUEST FOR HOPE HOUSE FAMILY CASE
MANAGEMENT $40,000 ALLOCATION FROM CHARLOTTESVILLE HOUSING
Ms. McHugh presented to Council. Staff are concerned that a new housing model
has shifted from homelessness housing to an emergency shelter. The length of time has
been reduced from 12-18 months down to six months under the Emergency Shelter
Grant. Also, family case management is now voluntary. Staff is also concerned about
outcomes and sustainability. However, this is one of the only programs providing shelter
for homeless families. Staff recommended awarding the $40,000 requested as a one-time
Mr. Huja asked if there is a mortgage on the Hope House. Ms. Nancy Kidd, the
new director with Hope House, and Ms. Karen Shepard with MACAA came forward to
address questions. Ms. Shepard confirmed there is a mortgage on the Hope House.
Ms. Galvin asked how this program would be maintained, because $40,000 is not
enough to sustain the program. Ms. Kidd says there is a tiered approach, and some of the
area churches have indicated they are interested in donating money each month. They
will know within the next six months whether or not the plan will go forward. Ms.
Galvin asked if there is a permanent commitment by the churches. Ms. Kidd said they
will ask for a three to five year commitment.
Mr. Huja said he wants to see definite fundraising goals and measurable steps
towards the goals that can be reported to the City on a quarterly basis.
Ms. Smith asked for information on the history of the program, which Ms. Kidd
provided. She also asked for their success rate and data on measurable outcomes. Ms.
Kidd said she did not have the numbers, but she gave an account of two beneficiaries of
the program and how it helped their family. Ms. Shepard recounted where previous Hope
House residents move after leaving the home.
Mr. Huja confirmed that they will be using the $40,000 for case management.
Ms. Kidd said yes, and they will also use the money to partner with the ESG grant.
Ms. Smith asked if the case manager’s sole job is to support the four families who
are at Hope House. Ms. Kidd said the position will do extensive case management with
the families at the Hope House, but the process starts with handling requests when they
come in. The position will also work with local churches and meet with private donors to
secure funding for the Hope House.
Ms. Smith asked if MACAA has approached any other counties for help with the
families at Hope House. Ms. Shepard said because the house is in Charlottesville, they
do not receive funding from other localities. Ms. Szakos said it would be helpful to know
where applicants have come from, and the county is another logical choice when it comes
to requesting funds.
Ms. Smith asked what their overall budget is. Ms. Shepard said it is $110,000.
Mr. Norris said Hope House is addressing an important need in a competent way.
However, on a per-client basis, it is an expensive program. This could be addressed by
expanding the program, which has a lot of potential. He said he is concerned about the
source of funds identified to fulfill this request. We keep turning to our housing fund to
support initiatives like this. The housing fund was originally based on a formula designed
to get us to a certain number of affordable housing units, and it is important to remain
focused on the purpose of this fund. He said we also have to have some preference for
City residents built in for the Hope House program. Ms. Shepard said there is a broadbased
selection committee. Mr. Huja said he expects that preference would be given to
City residents. Ms. Szakos said she would like to challenge our colleagues in the County
and surrounding areas to contribute to this project.
Ms. Galvin said she strongly supports the case management approach. She also
would like preference for City residents. She sees this as an investment in a model that
we need to expand. City staff should be involved with the monitoring and planning of this
money, since we contribute such a major portion of it. She views this as a pilot with a
goal of moving people towards independence.
On motion by Ms. Szakos, seconded by Mr. Norris, the motion passed. (Ayes:
Mr. Norris, Ms. Galvin, Ms. Szakos, Ms. Smith, Mr. Huja; Noes: None.)
MATTERS BY THE PUBLIC
Ms. Joy Johnson, 802 A Hardy Dr., said she wants the City research rental units
for people who are making under $20,000 a year when contemplating the City’s
Comprehensive Plan. We should be pouring in more money to help MACAA, who have
been advocates for the poor for years. Moving people out of poverty takes education,
jobs, and opportunities.
Mr. Jim Nix, 2402 Kerry Ln., said Ms. Iachetta must be exhausted, because today
was the final day of voter registration. Ms. Iachetta has worked very hard with an
extremely competent, well-trained staff, and she has done an exceptional job with
Mr. Norris asked about providing free transit service on Election Day. Mr. Jones
said he will look into this.
Mr. Norris said he wants to be sure staff will follow up on the report we received
from the North Downtown residents regarding the Downtown Mall. Mr. Jones said it
will be on an upcoming agenda.
Ms. Galvin said we need a discussion about economic development and moving
people out of poverty. We also need to be very conscious about when the City is
investing in any public program.
The meeting was adjourned.