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


HELD ON Monday, August 20, 2012, AT 6:00 p.m. IN THE Second Floor Conference
Closed session as provided by Section 2.2-3712 of the Virginia Code
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 Mr. Norris, seconded by Ms. Galvin, Council voted, (Ayes: Mr.
Huja, Ms. Szakos, Mr. Norris, Ms. Galvin; Noes: None; Absent: Ms. Smith), to meet in
closed session for (1) Discussion and consideration of the acquisition of real property
right-of-way and associated easements on Jefferson Park Avenue for the Old Lynchburg
Road improvement project, and real property on 11th Street, N.W. for public parks and
recreation use, and discussion of the disposition of City-owned real property in the 800
block of Preston Avenue, 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); and, (2) Discussion and consideration of prospective candidates for
appointment to City boards and commissions, as authorized by Va. Code sec. 2.2-3711
(A) (1).
On motion by Ms. Szakos, seconded by Ms. Smith, Council certified by the
following vote (Ayes: Mr. Huja, Ms. Szakos, Mr. Norris, Ms. Galvin, Ms. Smith; Noes:
None), that to the best of each Council Member's knowledge, only public business
matters lawfully exempted from the open meeting requirements of the Virginia Freedom
of Information Act and identified in the motion convening the closed session were heard,
discussed or considered in the closed session.
COUNCIL CHAMBERS – August 20, 2012
Council met in regular session on this date with the following members present:
Ms. Galvin, Mr. Huja, Ms. Smith, Mr. Norris and Ms. Szakos.
Mr. Huja announced that Mr. Thomas Taylor, principal at Charlottesville High
School, received the Outstanding Principal Award from the Curry School of Education.
Mr. Taylor thanked Council for the recognition and said the students and teachers deserve
the credit.
Ms. Szakos read a proclamation in honor of Women’s Equality Day, which is on
August 26, 2012. Ms. Tannis Fuller was present to accept. Ms. Kobby Hoffman was also
Ms. Szakos announced the first day of school is this Wednesday, and she urged
citizens to use caution during the morning and afternoon commutes. She also announced
the beginning of Charlottesville Albemarle University of Virginia CERT Training,
starting September 13. Call 971-1263 or go to www.charlottesvillecert.org for more
Ms. Smith said the 2nd Annual Charlottesville Promise Gala is September 22 at
the Paramount. Go to www.cvillescholarship.com for more information.
Mr. Norris said the Charlottesville Police Department honorary dinner will be
September 22 at the Omni.
On motion by Mr. Norris, seconded by Ms. Smith, the following appointments
were made to Boards and Commissions: Ms. Kimberly Garrison to the HAC and Tamyra
Turner to the JMRL Board. (Ayes: Mr. Huja, Ms. Szakos, Mr. Norris, Ms. Galvin, Ms.
Smith; Noes: None.)
Ms. Naomi Roberts, 1140 St. Clair Ave, said goats in the city are a problem
because of noise and their appearance. She distributed pictures to Council.
Mr. Paul Long, 1410 Grady Ave., said the Transit Riders Association support
route changes that will increase coverage. He suggested Council and the Transit Director
come to their next meeting to hear comments about their recommendations for the transit
Ms. Nancy Carpenter, 727 Denali Way, said issues surrounding the downtown
mall are about homelessness, not about bad behaviors. She said measures being
discussed, particularly interdiction, are overly punitive. Peaceful coexistence is needed on
the mall.
Mr. Hardy Whitten, 2521 Woodland Dr., requested item k on the consent agenda
regarding CAT route adjustments be postponed in order to allow for the Acting Transit
Director to have further discussions with neighborhood associations.
Ms. Valerie Long, 321 E. Main St., Ste. 400, said she is speaking on behalf of the
Sigma Chi fraternity house. She assumed there had been a meeting with neighbors and
representatives of fraternity houses, and that has not occurred. She asked Council to
postpone implementation of the ordinance to allow for the opportunity for a roundtable
discussion on this matter.
Ms. Ladi Carr, 39 University Cir., said this past year was one of the worse in the
neighborhood for noise, vandalism, public drunkenness and trash. The neighborhoods
approached University representatives and members of the Fraternity Council. They
were told rental homes are not under the University’s purview, and they have been since
working with Mr. Tolbert and Dave Chapman. She distributed graphs to Council
showing how many calls were received over the past year. She encouraged Council to
pass the ordinance change.
Ms. Mary Carey, 500 S. 1
st St., PHAR intern and president of Crescent Halls, said
they were supposed to have a CRHA meeting on July 24 in Chambers to discuss
problems with housing, which was never called to order. Vice Mayor Szakos was present
and pitched the City of Promise project. She said it was very confusing, and she thinks
Ms. Szakos pushed through her project unfairly.
Ms. Lorrie Delehanty, 645 Evergreen Ave., thanked Council for voting not to add
chloramines to the water supply. The Four Boards decision reaffirmed people’s belief in
the democratic process.
Mr. Martin Killian, 34 University Circle, resident for 30 years, said he likes living
among students. However, in the last 24 months, increased noise, vandalism, and
partying have detracted from his family’s quality of life. He asked students to obey the
rules as citizens, and act as good neighbors. The neighborhood is under stress, and
Council must take action.
Mr. Dan Friedman, 1835 University Circle, resident for 33 years, said something
must be done about noise ordinance infractions. If the University administration were
working with the neighbors, they would not have to be here tonight. They have been told
that if they have problems with UVA students, they should call the police. The parties
have become dangerous, and the neighbors need the City’s help.
Ms. Jeanne Chase, 223 Old Lynchburg Rd., gave a recount of the Old Lynchburg
Road project. She asked Council to shorten the window of time they allow for neighbors
to respond to requests.
Ms. Lisa Green, 216 Chestnut St., thanked Council for their support and
attendance at Saturday’s Bike Walk Play JPA event. She said a new group has formed,
Charlottesville Pride, which will create a visible and unified LGBT community, one of
the only communities not protected under law. There will be a Charlottesville Pride
event on Saturday, September 15 in Lee Park from 2:00 – 6:00 p.m. She asked Council
to consider in-kind support.
Mr. Norris said nothing will be finalized tonight on the noise ordinance. There is
time for more public engagement before a vote will be taken. He thanked Ms. Chase for
her continued vigilance and work in moving the Old Lynchburg Road project forward.
He said he supports Ms. Green’s event and would like to provide in-kind support from
the City. He said Ms. Carey made some unfortunate allegations against Ms. Szakos that
he believes were the result of a misunderstanding.
Ms. Smith said the transit issue and the noise ordinance needed more
communication. She thanked citizens who dedicate their time.
Ms. Szakos said she lives in Ms. Roberts’ neighborhood and has not heard about
the goats. She said being a good neighbor is important. She said to Mr. Long that more
participation in neighborhood meetings is part of our plan. She said she was sorry there
was a misunderstanding about the CRHA meeting event. She said she supports the
Charlottesville Pride group and is pleased that the mayor and other Councilors will be
Ms. Galvin said she appreciated Ms. Delehanty’s gratitude. She would love to see
more occasions where the boards agree.
Ms. Huja said he appreciates hard working citizens. He also said he supports the
Charlottesville Pride group.
Ms. Smith requested item k and item n be removed. Ms. Galvin requested item i
be removed. She also confirmed that $20,032.74 was available for the current fiscal year
from item d. Mr. Jones said it was.
On motion by Ms. Smith, seconded by Ms. Szakos, the following consent agenda
items were approved, with the exception of the above mentioned items: (Ayes: Mr. Huja,
Ms. Szakos, Mr. Norris, Ms. Galvin, Ms. Smith; Noes: None.)
a. Minutes for July 2
b. APPROPRIATION: Community Attention Youth Internship Program - $10,000
(2nd reading)
c. APPROPRIATION: Virginia Department of Criminal Justice Services
Neighborhood of Promise Grant- $97,500 (2nd reading)
d. APPROPRIATION: Workforce Development Programs & Carryover Funding
for FY 2013 – Re-Appropriate $20,032.74 and Transfer
$3,072.50 $3,214.50
e. APPROPRIATION: Virginia Juvenile Community Crime Control Act Grant
(VJCCCA) - $452,704 (carried)
f. APPROPRIATION: Charlottesville/Albemarle Adult Drug Treatment Court
Grant Award - $182,500 (carried)
g. APPROPRIATION: Feed Your Mind National League of Cities/Wal-Mart
CHAMP Grant - $55,470 (carried)
h. APPROPRIATION: Check and Connect Student Engagement Grant - $75,000
i. RESOLUTION: Revisions to Architectural Design Control District
Guidelines (1st of 1 reading)
j. RESOLUTION: Special Use Permit at 218 West Water Street
k. RESOLUTION: Approval of Charlottesville Area Transit (CAT) Route
Adjustments (1st of 1 reading)
l. RESOLUTION: Acquisition of Fry’s Spring Beach Club Property – Old
Lynchburg Road Project
m. ORDINANCE: Closing Laurel Street (2nd reading)
n. ORDINANCE: Change to Penalty for Violation of Noise Ordinance (1st of 2
Mr. Tolbert presented to Council.
The public hearing was opened. Having no speakers, the public hearing was
On motion by Mr. Norris, seconded by Ms. Smith, the ordinance carried.
Ms. Thackston presented to Council. Following the public hearing, staff is asking
Council to make the following decisions: set priorities for CDBG & HOME programs,
determine if a priority neighborhood should be designated, determine if CDBG funds
should be set aside for economic development, determine the percentage for social
programs, administration and planning (capped by HUD at 20% of the total CDBG
budget), and any other guidelines or directions Council may wish to give in determining
how CDBG and HOME funds should be spent.
Ms. Szakos clarified how economic development funds are set aside for projects.
Mr. Norris clarified how funds could be allocated for existing programs. Mr. Huja asked
how much the 15% dollar amount was. Ms. Thackston said it was close to $70,000. Ms.
Smith asked what CDBG funds have been used for. Ms. Thackston explained
expenditures on infrastructure projects around the Cherry Avenue corridor.
The public hearing was opened.
Mr. Brandon Collins, 536 Meade Ave., said fund reductions for these projects are
due to war funding. He cautioned Council against putting too much money towards small
business incubators, which do not create a lot of jobs. New businesses should be hiring
Having no further speakers, the public hearing was closed.
Mr. Huja said he supports following staff’s recommendations.
Ms. Galvin said there is no decision or business plan yet on Green Dot. She
updated citizens on the activities of the effort, which is committed to changing equity in
the community.
Ms. Smith said she supports Fifeville for the third year, but this money should go
towards affordable housing. The AHIP/LEAP collaboration serves several purposes and
should be a priority. She is concerned that often City residents do not move into new
affordable housing units when they are built.
Ms. Szakos asked Ms. Thackston to explain the difference between CDBG and
HOME. Ms. Thackston clarified that infrastructure comes from CDBG so HOME funds
are available for housing projects. Ms. Szakos said she supports AHIP/LEAP initiatives.
Mr. Norris asked for clarification on funding for housing vouchers.
Mr. Huja said he supports Fifeville for the third year. Economic development
leads to jobs. He supports 15% for social programs and 20% for administration.
Ms. Galvin said she strongly advocates for the use of money for economic
development. Studies show that we must create a job for every affordable housing unit
we provide. We do not have skilled labor.
Ms. Szakos said educational equity, housing, and jobs are the top three needs that
come up repeatedly for citizens. We need to pay special attention to economic
development in our neighborhoods.
Mr. Norris said little money from creation of small business programs trickles
down to low income families. We have to invest more in jobs and economic opportunity.
We need to make sure we are helping people who these programs are supposed to target.
On motion by Mr. Huja, seconded by Ms. Szakos, the resolution passed as
amended below. (Ayes: Mr. Huja, Ms. Szakos, Mr. Norris, Ms. Galvin, Ms. Smith; Noes:
BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that
the priorities and spending allowances for FY 2013-2014 shall be as follows:
 Council’s priorities for the CDBG and HOME program for FY 13-14 shall
be workforce development, construction of new affordable housing and
 For FY 13-14, the set aside for Economic Development shall be any CDBG
funds remaining after distributions to Priority Neighborhood, Social
Programs, and Admin and Planning
 For FY 13-14, the Priority Neighborhood shall be Fifeville and the
allocation amount shall be $200,000.
 The CDBG Admin and Planning budget shall be set at 20% of the total
 The Social Programs budget shall be set at 15% of the total entitlement.
Mr. Tom Frederick presented to Council. RWSA is moving forward with
granular-activated carbon as a way to meet stage two EPA requirements. He updated
Council on South Fork Reservoir Dredging, including recent RFP results. The committee
hopes to have recommendations in October. He gave an update on the progress of the
new Ragged Mountain Dam and Mitigation Plan. The Moore’s Creek Advanced
Wastewater Treatment Facility was recently dedicated.
Ms. Smith asked if RWSA is planning on using Hazen-Sawyer’s suggestions to
optimize the system regarding GAC as referred to in the report. Mr. Frederick said point
of chlorination is costly to move. Ms. Smith asked if there was an obligation to accept the
one dredging proposal RWSA has received. Mr. Frederick said there is not. Ms. Smith
asked if the bond allegation order states that only revenue will be used as collateral for
the bonds. Mr. Frederick said revenue will be used pursuant to the bond issuance, which
has been supported by a court order.
Mr. Norris asked for a status report on the Ragged Mountain Natural Area and
how many acres have been cleared to date. He asked if there are pictures of the impacts
available. Mr. Frederick said this area is closed to the public during construction. Mr.
Norris asked if there is an objection to taking photos of the area and sharing them with
the public. Mr. Frederick said we have a very good relationship with our contractor, and
the City’s stipulations have been followed rigorously. The site will look like a natural
area again once completed. Mr. Norris asked for clarification on why only one of the
three dredging bids were acceptable, and if RWSA has the legal authority to bring all
three bids forward. Mr. Frederick said he is not legally permitted to discuss the details,
but bids had to follow clearly defined guidelines.
Mr. Norris asked for an update on the engineering work on the pump station. Mr.
Fredrick said preliminary engineering plans will be completed shortly and will move to a
final design.
Ms. Smith asked Mr. Brown to provide information on the collateral issue.
Mr. Jesse Ellis, Chair of the task force, presented to Council on behalf of the
Human Rights Task Force. Ms. Dorenda Johnson, Co-Chair, was also present.
Mr. Ellis reviewed Council’s charge, task force members, accomplishments to
date, and the way ahead. The task force will develop a recommendation by the end of
Mr. Norris asked if localities have examined a cost-sharing effort using existing
staff to make services more accessible to residents in the community.
Ms. Smith asked if calls are the most effective way to receive feedback from the
community. She asked if the task force is getting a sense for whether or not there is a
problem. Mr. Ellis said they are still gathering information and cannot speak to that at
this time.
Ms. Szakos said having a task force could make things less contentious when a
report is filed. Mr. Ellis said they have examined models with training and education
components, not simply enforcement.
Ms. Galvin asked where issues have been concentrated. Mr. Ellis said most
complaints have been discrimination complaints in general.
Mr. Mike Smith presented to Council.
Ms. Smith asked if it is possible to buy off the affordable housing requirement
with the current proffer. Mr. Smith said it was not.
Mr. Huja said he thinks this is a good opportunity.
Ms. Szakos said she appreciated the piece added about affordable housing, and
the developer has shown commitment to the community. She said she is concerned that
because it is on the border between the City and the County, a development with one
entrance will struggle with a mixed City/County community. She asked staff to explore a
boundary adjustment in order to keep the development all in one locale.
Mr. Jones said there are preliminary discussions underway.
Ms. Galvin said this is an excellent project, and she appreciated staff’s efforts in
response to the Locust area neighborhood plan. She said she would rather keep the better
pedestrian accessibility the City allows rather than giving it up to the County.
Ms. Smith said she is concerned there are houses being built in the flood plain.
This negatively impacts our streams and rivers.
Mr. Norris said he supports the PUD, and there has been a lot of good work on
pedestrian activity. He said the creative loan structure is positive. We should be
proactively engaging with the community and developers to improve access to housing
and integrate public housing into market rate neighborhoods. We need to figure out how
to engage with developers to de-concentrate poverty.
Ms. Galvin said the HAC has worked on achieving measurement tools for putting
truly mixed income housing in place.
On motion by Ms. Szakos, seconded by Mr. Norris, the ordinance carried.
Mr. Tolbert presented to Council. Staff recommends extending the loan and not
approving a grant from the housing fund.
Mr. Norris asked if the money could come from a source other than the Housing
Fund. Ms. Smith asked who pays for the utilities, because if tenants do not benefit from
the energy-efficient renovations, it makes a difference. Ms. Szakos said she is concerned
about changing the policy to add new potential uses for Housing Funds without finding
additional funding to pay for them. Ms. Galvin asked if occupancy and condition data
could be mapped. Mr. Tolbert said staff is working on this.
Ms. Smith asked Mr. Woodard if he could answer the question about who pays
for the utilities. Most of the utilities are in the tenant’s names. It would benefit the
On motion by Ms. Szakos, seconded by Ms. Galvin, the motion to go forward
with the loan passed. (Ayes: Mr. Huja, Ms. Szakos, Mr. Norris, Ms. Galvin, Ms. Smith;
Noes: None.)
Mr. Kurt Burkhart gave Council background on the marketing plan and
introduced Ms. Susan Payne. Ms. Payne presented to Council on the FY2013 Marketing
Council discussed the marketing plan with Ms. Payne. Ms. Galvin said there are
not many pictures of the City itself in the brochure. Ms. Payne said the visuals have not
been added yet, and it is a work in process. Council also discussed race and heritage
tourism, developing an African American tour, and compiling information about African
American history in Charlottesville to distribute to tourists.
Council voted unanimously to support the CACVB marketing plan.
– $2,000
Mr. Jones gave Council background on the request for funding, which will be
used for field rentals for the year.
Mr. Davis from the Silverbacks gave Council an account of some of the funds
they must spend during the season to operate.
Ms. Galvin asked for clarification on how the relationship between the
Silverbacks and Council came to exist. She asked why the request was outside of the
ABRT process. Ms. Szakos said she is a stickler for the ABRT process. However,
Council has not identified young men, particularly African American men, as a priority,
so this request would likely not have been funded. She said she would support this group
for one more year but encouraged them to become incorporated so they would be able to
go through the ABRT process. Ms. Szakos asked if we could sponsor a CNE
membership for the Silverbacks to help them become established as a non-profit
Mr. Norris said this is a positive group for the community, and he supports
funding it, although he does not want to fund this every year. Ms. Smith asked how
many players are City residents. Mr. Davis said about 90%.
Ms. Galvin said she would approve this conditional on the group providing their
budget to Council, and become a non-profit in order to go through the ABRT process
next year.
On motion by Ms. Szakos, seconded by Ms. Smith, the resolution passed with the
conditions. The total amount was amended to $2,100, with the extra $100 to be used for
CNE membership fees. (Ayes: Mr. Huja, Ms. Szakos, Mr. Norris, Ms. Galvin, Ms. Smith;
Noes: None.)
Mr. Huja deferred this item to the September 4 meeting.
Mr. Lance Stewart, Interim Transit Manager, presented to Council. He gave
Council background on the route adjustments, reviewed current and proposed routes, and
minor changes for the free trolley.
Ms. Szakos said this change is the sort of thing we have been asking for. Mr.
Huja said he is concerned we have not had much community involvement with this
change. Ms. Smith said she appreciates the creative changes to Route 4. This could be
very constructive. Public involvement is important, but this may be more a matter of
education. Mr. Stewart said they will work for a broader public forum for these route
changes and bring this back within two months for approval.
Ms. Szakos said this should be emphasized as an interim solution.
ORDINANCE (deferred)
Mr. Tolbert presented to Council and outlined the changes in the penalties for
noise violations.
Mr. Norris asked who is actually receiving the citations. Mr. Tolbert clarified that
it could be anyone on the lease, but the offense is per address, not per person. Ms. Smith
said this seems very specific to the Rugby area. Mr. Tolbert said police have discretion
where this is concerned. Ms. Smith said this should be spelled out. Ms. Szakos said it
could specify that it is per group of tenants, so that when properties turn over, the count is
reset. Mr. Norris said although there were many phone calls, the number of fines are in
the single digits.
Mr. Huja opened the floor to public comment.
Mr. Rick Jones, former President of the Fraternity Alumni Council and Alumni
Advisor of a house in the Venable Neighborhood Association, said the City should try
enforcing the law currently on the books.
Mr. Bob Lloyd, Tunlaw Pl., said noise is a significant problem. If the current law
were enforced more stringently, the City would also recognize peripheral benefits such as
decreased litter and unsightly yard furniture.
Mr. Blake Wheelock, student and fraternity member, said the biggest problem is
communication. Students should be part of the solution. Trying to pass this before UVA
students return to town is wrong. The existing fines are sufficient. University students
and the police department share a mutually respectful relationship, and this could be
adversely affected by imposing disproportionate fines. Fraternities are not the worst
Ms. Joy Johnson, 823 B Hardy Dr., said she often drives through the Venable
Neighborhood, and the standard from Wertland to 14th Street and back down around to
Venable is very different from her neighborhood. Trash is everywhere, and she asked
how they get away with that, because it is not acceptable in the 10th and Page
Ms. Ladi Carr, 39 University Cir., said she wants people to be quiet after 10pm.
Having no further speakers, public comment was closed.
Mr. Norris suggested three steps: step up enforcement of current rules, encourage
parties to find common ground and help students understand they are living in private
neighborhoods, and let offenders know we are open to examining stricter penalties if
behaviors do not change.
Ms. Szakos said a lot of people who are affected by this are students who are
trying to get an education, which is also important. This is not students versus residents,
but noisemakers versus everyone else. She said there should not be several warnings. We
can come out before spring with stricter regulations if increased enforcement is not
Ms. Galvin said the City has to be actively working with the community to plan
meetings to address this issue. She said it is upsetting that UVA has dropped the ball
with this relationship.
Ms. Smith said increased enforcement of our current ordinance and greater
communication is important. We should be aware of unintended consequences and be
sure to treat different groups equally.
Council formed a consensus on Mr. Norris’s three points.
Mr. Mitch King, speaking on behalf of Blueridge Sand, Inc., who submitted a
dredging proposal to RWSA on April 30, requested that Council issue policy guidance to
its representatives on the RWSA board so that proposals can be evaluated numerically.
Ms. Joy Johnson, 823 B Hardy Dr., said a noise ordinance should serve everyone
in the community and be addressed across the board. CDBG money needs to be used for
neighborhoods that cannot go through the capital improvement process. She thanked
Council for supporting the Silverbacks. She said there is a lot of African American
history in Charlottesville, and she would like the CACVB to incorporate this into their
marketing plan.
Mr. Scott Bandy, 1639 Cherry Ave., thanked Council for adding the section on
alignment with Council priorities to their Council memos.
Mr. Brandon Collins, 536 Meade Ave., said he is a member of the Transit Riders
Association of Charlottesville, and the news of the CAT route changes came very
quickly. The process was confusing. Changes should be better communicated. The next
Transit Riders meeting is Saturday, September 1 at noon in the Jefferson Room of the
Downtown Library. Also, the CRHA meeting could have been handled differently.
People felt slighted, and Ms. Carey deserves an apology. He reminded Council and
citizens about opt out options for children receiving military information from school.
Ms. Smith asked if Council was interested in instructing Rivanna to look at all
three proposals. Ms. Szakos said she trusts our representatives to make that decision. Mr.
Brown said issuing such an instruction would be unprecedented.
The meeting was adjourned.
Clerk of Council

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