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 19, 2012, AT 6:00 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 – March 19, 2012
Council met in special session on this date with the following members present:
Ms. Galvin, Mr. Huja, Mr. Norris, Ms. Szakos, Ms. Smith.
On motion by Ms. Galvin, seconded by Ms. Smith, Council voted, (Ayes: Ms.
Galvin, Mr. Huja, Mr. Norris, Ms. Smith; Noes: None; Absent at time of vote: Ms.
Szakos), to meet in closed session for (1) Discussion and consideration of appointments
to City boards and commissions, as authorized by Virginia Code sec. 2.2-3711 (A) (1);
(2) Discussion of the acquisition of real property along Bent Creek Road for use as
public street right-of-way, where discussion in an open meeting would adversely affect
the bargaining position of the City, as authorized by Virginia Code sec. 2.2-3711 (A) (3);
and, (3) Consultation with legal counsel and briefings by staff members pertaining to
probable litigation involving condemnation proceedings for a permanent drainage
easement on Old Lynchburg Road, where such consultation in an open meeting would
adversely affect the City’s negotiating or litigating posture, as authorized by Virginia
Code sec. 2.2-3711 (A) (7).
On motion by Ms. Szakos, seconded by Mr. Norris, Council certified by the
following vote (Ayes: Ms. Galvin, Mr. Huja, Mr. Norris, Ms. Szakos, 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 – March 19, 2012
Council met in regular session on this date with the following members present:
Ms. Galvin, Mr. Huja, Mr. Norris, Ms. Smith and Ms. Szakos.
Ms. Smith read a proclamation for Curious George. Ms. Ann Jolly was present to
accept the proclamation and invited citizens to an event on Saturday, March 24th at the
Ms. Smith read a proclamation for National Poison Prevention Week. Ms.
Kristen Wenger was present to accept the proclamation.
Ms. Szakos read a proclamation in support of the new Cville Bike mApp project.
Ms. Sarah Rhodes was present to accept the proclamation and gave information about the
new iPhone application project, which will launch April 14.
Ms. Galvin read a proclamation in support of National Cash Mob Day, which is
on Saturday, March 24. Mr. Bob Fenwick accepted the proclamation and said the
location for the first Cash Mob will be announced on the web at www.cashmobcville.com
Mr. Norris reminded local veterans of the Honor Ride event on Thursday, April 5.
Contact Dave Norris at 242-5165 for more information. Also, Charlottesville has been
ranked second in the nation for well-being by a recent Gallup poll and first in the nation
for treating one another with respect.
Mr. Norris asked to add a Department of Justice resolution to Other Business.
Mr. Jones introduced Mr. David Ellis, the City’s new Assistant City Manager.
Mr. Huja announced Charlottesville was ranked one of the tastiest towns in the
south by Southern Living magazine.
Ms. Szakos announced this week’s upcoming events for Celebrate!250.
Mr. Huja announced that the public hearing on the Sale of Elliott Ave. property
was deferred. Also, no action will be taken on the Condemnation of Lynchburg Road,
but the public hearing will still take place as scheduled.
MATTERS BY THE PUBLIC
Mr. Gisueppe Finnazo, Sal’s Pizza, reviewed the issue of café space for his
restaurant. He asked Council to give Sal’s the same amount of café space as Rapture and
Ms. Nancy Carpenter, 727 Denali Way, said she participated in town hall
meetings in the Scottsville district, and a member of the ACPD said he viewed civil
disobedience as their biggest problem, which was disturbing to her.
Ms. Scott Bandy, 1639 Cherry Ave., asked Council to consider what would
happen if the revenue sharing plan with the county came to a stop.
Mr. Brandon Collins, Meade Ave., asked Council to keep regional transit issues in
mind when considering long term development. He said Route 7 on 29 does not circle
back to Kmart on the return loop, which is a problem for residents along Michie Drive.
Route 9 service to the clinic needs to be full service. He also asked Council to do
something about jobs.
COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
Ms. Szakos told Ms. Carpenter that she would not expect to hear remarks such as
the one she mentioned about civil disobedience from the Charlottesville Police or
Council; we value Constitutional rights. She told Mr. Bandy that revenue sharing is a
contract; we gave up a certain amount of land for revenue sharing; it has been approved
in court, and it is a legal obligation and will not go away. She agreed with Mr. Collins
Ms. Galvin said the feedback on transportation is exactly the kind of information
Council needs. She thanked Ms. Carpenter for coming and said it was a nice reflection of
Ms. Smith thanked Mr. Collins for demonstrating that this community is involved
and shares knowledge.
Mr. Norris asked for feedback on the issue of Sal’s café space. If increasing his
square footage does not give him extra table space, there is not a point. He thanked Mr.
Mr. Collins for pushing Council on transit.
Mr. Huja also thanked Mr. Collins and said Council is dedicated to working on
On motion by Mr. Norris, seconded by Ms. Galvin, (Ayes: Ms. Galvin, Mr. Huja,
Mr. Norris, Ms. Szakos, Ms. Smith; Noes: None), the following appointments were made
to Boards and Commissions: to the CDBG, Mary Katherine Barnes and Patricia
Eldredge; to CEDA, Tara Boyd and Kristin Henningsen; to Dialogue on Race, Toni
Barskil and Rita McIntosh; to HAC, Charlie Armstrong and Carmelita Wood; to JABA,
Sue Lewis; to JABA Advisory Council, Fred Schmidt; to the Tree Commission, Joanna
Salidis, Linda Patchel, and Ineke Dickman; to JAUNT and MPO, Lance Stewart.
Mr. Huja asked Mr. Tolbert to clarify the Sal’s Pizza café space issue. Mr.
Tolbert summarized the history of Sal’s café space. He said 1139 square feet would not
give him room enough to put additional seating. There are immovable growth constraints
on all sides except to the west. Ms. Smith asked how much space would an additional
row of seating in Sal’s café leave for the walkway. Mr. Tolbert said four feet. Mr. Huja
asked if we could grant Sal’s enough space to give him one additional row of tables. Mr.
Tolbert asked Council to allow staff to measure. Mr. Brown clarified that Council could
also pass a separate resolution approving additional space for Sal’s Café at their next
meeting, in addition to passing the ordinance change on a second reading.
On motion by Ms. Szakos, seconded by Mr. Norris, the following consent agenda
items were approved: (Ayes: Ms. Galvin, Mr. Huja, Mr. Norris, Ms. Szakos, Ms. Smith;
a. Minutes of March 5 and March 12
b. APPROPRIATION: 2011 Juvenile Accountability Block Grant (JABG) -
c. APPROPRIATION: State Assistance for Spay and Neuter Program at SPCA –
d. RESOLUTION: Cville Bike mApp Endorsement (1st of 1 reading)
e. RESOLUTION: Purchase of Land on McElroy Drive for Greenbelt Trail (1st
of 1 reading)
f. ORDINANCE: Sal’s Mall Café Space (carried)
g. ORDINANCE: Retirement Commission (2nd reading)
PUBLIC HEARING: FY 2013 TAX RATE and CITY MANAGER’S PROPOSED FY
Mr. Jones presented to Council. The budget provides strong support for City
Schools, quality services, and maintains tax rates. He reviewed the impact on residents;
98% of residents will see no change or a decrease in their real estate taxes, and there will
be no cuts in services. He reviewed General Fund revenue trends. The largest increase in
our budget is to our schools, which have taken a significant loss from state funding. He
reviewed Capital Improvement Programs and outstanding issues from the Council work
session Monday evening, including Compensation and Benefits and Living Wage.
Ms. Smith asked for the range of percentage of total salary a flat bonus would be
The public hearing on the tax rate was opened.
Mr. Brandon Collins, 536 Meade Ave., said he does not see a problem with
raising the tax rate. The time is optimal for considering an increase in order to assist
citizens suffering from economic crises. We are not expanding services; the Housing
Fund is an example. Consider lobbying the General Assembly for allowing a progressive
tax rate. Reexamine the Living Wage and examine EPI numbers.
Mr. Scott Bandy, Cherry Ave., asked when the last time the City lowered its tax
The public hearing was closed.
Ms. Szakos said the only Virginia First City that has a lower tax rate than ours is
Staunton. Our property tax rates are very low for the kind of services our City offers.
Ms. Smith said our tax rates might be low, but our real estate prices are very high,
and you cannot separate the two. Also, our utility rates are among the highest. We
should be aware of all factors of the cost of living.
Mr. Jones said the tax rate was last lowered in 1998.
PUBLIC HEARING: CITY MANAGER’S PROPOSED FY 2013 BUDGET
The public hearing on the City Manager’s FY 2013 Budget was opened.
Mr. Bob Barnaby, Reentry Coordinator for the Regional Jail, spoke in support of
funding for the reentry program.
Ms. Dorothy Thompkins, Resident, said she is concerned about the cut in the
budget for extension services, which support a lot of volunteer activities, as well as
activity from the staff. She spoke in support of the Master Gardner program.
Ms. Jean Coler, representing Literacy Volunteers, asked Council to disregard the
recommendation of the committee to reduce their budget by 25% this year. The GED is
going to be privatized in 2014, so there is a big push to have partials updated. Also, they
are moving to the Jefferson City School Center, which is a huge opportunity to reach out
to an underserved population, and they need funding to maintain a high level of support.
Mr. Herb Porter, 509 7 ½ St., said there were very few reductions in property
taxes. He said there have been instances of land value increasing while the property on
the land was devalued. He asked to see a map of properties this has happened to in the
Ms. Colette Hall, 101 Robertson Ln., asked Council to remember citizens have
provided the money you are considering on each line item.
The public hearing was closed.
Ms. Smith said she has a personal interest in support for the VA Cooperative
Extension, having worked with them over the years in various capacities. The new format
should be flexible and allow for consideration for organizations such as VA Cooperative
and Literacy Volunteers.
Ms. Szakos said the amount of money going to non-profits and other
organizations seems to have decreased this year, and asked why that has happened.
Mr. Jones said contributions are down slightly, some agencies who have received
funding in the past were eliminated this year, and a few partnerships do not exist any
Ms. Galvin said building resiliency among adults is important. She applauded the
ABRT process for trying to achieve an objective assessment and hold the non-profits
accountable, but requested that we examine the applications and give concessions when a
technicality is involved. The review process does not seem to be tied to Council
priorities, and she wanted to see those addressed in our funding.
Mr. Norris he agreed with Ms. Galvin. Council prioritizes job readiness. Basic
literacy skills are important, and funding should be increased at this time. At a minimum,
we should restore full funding.
Mr. Huja said he agreed with Council’s comments.
Ms. Szakos said she was pleased with the ABRT process.
PUBLIC HEARING: CONDEMNATION OF PROPERTY ON OLD LYNCHBURG
Mr. Huja reminded citizens that no action will be taken on this item tonight. Mr.
Tolbert presented to Council on the status of the Old Lynchburg Road project,
particularly the parcels the City has had to acquire to accomplish the project. He
reviewed the history of the parcel negotiations with Fry’s Spring Beach Club (FSBC).
He clarified that a delay tonight will not negatively impact this project.
Ms. Smith asked about the land we purchased on the consent agenda and asked
why there was a difference. Staff will check with the assessor and return with an answer.
The public hearing was opened.
Mr. Kacy Burnsed, Vice President of FSBC, thanked Council for slowing down
the condemnation decision. The Beach Club is a nonprofit group and is run entirely by
volunteers. FSBC supports the OLR Improvement Project and has from the beginning.
He gave a history of their dealings with the City, which started in December 2010.
Mr. Jim Veale, Board President of FSBC, 2610 Jefferson Park Ave., reiterated
that the Club fully supports the OLR project and the drain basin project. He thanked City
staffers Tony Edwards and Angela Tucker for their assistance during the project. The
commercial conversations have not been thoughtful and have been rushed. He thanked
Council for tabling the motion in order to facilitate a more thorough and thoughtful
discussion about fair market value of the property.
Mr. Martin Chapman, 1717 King Mountain Rd., previous club President, said
bringing condemnation proceedings was disrespectful to long-time property tax paying
owners. The club is paying more in taxes per acre than what the City has said the value of
the land is worth. He discussed other indirect economic effects to the club that may occur
as a result of the property being taken over by the City.
Ms. Colette Hall, 101 Robertson Ln., said eminent domain is sometimes
necessary for the public good, but you must give the entity from whom you are taking the
property fair market value. The offer of $11,000 is an insult.
Mr. Patrick Healy, 641 Harris Rd., long time member of the Beach Club, agreed
with previous speakers and supports the OLR project. The retention basin looks like it
has merit. Forcing the plan is wrong; there are other options, and the City should figure
out another way to handle runoff water if an agreement cannot be reached.
Ms. Nancy Carpenter, 727 Denali Way, said she hopes the City and the FSBC can
come to an agreement because of the attractive potential of developing portions of the
project, including a trail and improvements to Azalea Park.
Mr. Scott Bandy, Cherry Ave., said a statewide referendum will be on the ballot
regarding eminent domain. Council should negotiate a fair market value price with the
The public hearing was closed.
Mr. Huja said both entities will work diligently to come to a conclusion.
Ms. Smith said she has been a long-time member of the club and would like to
think this was simply a slip-up in process. She said she hoped the City can come to terms
with the FSBC. She said the City should be respectful in the eminent domain process.
FSBC board and club members would be receptive to creative ideas.
Ms. Szakos clarified that the OLR project is on a four to six week hiatus
independent of the FSBC issue, because other items are also being accomplished during
this time, the nature of which necessitates a pause.
Ms. Galvin thanked the FSBC board members for coming and said it is important
to her to hear the other side of the story, particularly getting clarification on the timeline.
She asked if there were alternate location options for the storm water retention in case
there is not agreement on the price. We all want to act in good faith. FSBC is important
to this community.
Mr. Norris said he is a former member of the FSBC. He is pleased they are trying
to find resolution, but many of the property owners donated easements for the good of the
project when the City asked them to who could have used the money.
REPORT: UPDATE TO REGIONAL HAZARD MITIGATION PLAN
Mr. Daniel Nairn, with the Thomas Jefferson Planning District Commission,
presented to Council on the Regional Hazard Mitigation Plan. He outlined the purpose of
the plan, which as of this update has been going on for approximately eight months. Staff
has supported the action items in the memo before Council. These are not obligations the
City will be held to by FEMA, but a vision of the City, and could serve as a means to
Ms. Smith asked how conservation measures, such as low flow fixtures, related to
the hazard plan. Mr. Nairn replied that it addresses the hazard of droughts. Also, certain
stormwater related action items address flood control.
Ms. Szakos said we are in good hands.
OTHER BUSINESS: DOJ SETTLEMENT AGREEMENT
There was a recent settlement agreement with the Department of Justice on
January 26, 2012. This will be administered on a local level, which is preferential in
order to better serve members of the community. The agreement is subject to court
approval. A district judge in Richmond has asked for public input on whether or not to
approve the settlement agreement. Mr. Norris asked Council to publically endorse the
Ms. Galvin asked what the concerns are that have been expressed to the judge
about this change. It seems to be related to the families of the people who work at the
training facility and not related to the administration of the training facility in Tidewater.
Mr. Huja asked about funding. Ms. Smith asked if it would put an undue burden
on communities. Mr. Norris said there was a substantial funding component – over 4,000
new vouchers would help residents transition to community-based care. Ms. Szakos said
she is aware there may be trauma with transitions, but it is more traumatic over time for
people who have to send their loved ones away because their community does not have
programs that support them. We need to do this, and the settlement offers a very specific
funding mechanism. We need to be vigilant as a locality and ensure this gets funded
through our legislative requests.
Ms. Smith said we should be confident there are not unintended consequences,
such as people who are left behind. Ms. Szakos said there may be, but it will be far fewer
than exist in the current system.
On motion by Mr. Norris, seconded by Ms. Szakos, the resolution passed
unanimously. (Ayes: Mr. Norris, Ms. Szakos, Ms. Galvin, Mr. Huja, Ms. Smith; Noes:
MATTERS BY THE PUBLIC
Mr. Damon Petit, 108 Todd Ave., said FSBC is supportive of the OLR project.
Our circumstances are different from others who donated land. We have a well on the
land that we are also trying to protect and want to work with staff to get details of the
easement in writing, such as maintenance and plantings.
Mr. Dave Redding, 609 E. Market St., said he likes the idea of the bike app, but
requested staff keep in mind that many citizens do not use smart phones.
Ms. Szakos said more data is better than no data, and staff has acknowledged
some will be left out for this project.