SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL
NOTICE OF SPECIAL MEETING
A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE
HELD ON Monday, August 1, 2011, 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 — August 1, 2011
Council met in special session on this date with the following members present:
Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos.
On motion by Ms. Szakos, seconded by Ms. Edwards, Council voted (Ayes: Ms.
Edwards, Mr. Huja, Mr. Norris, Ms. Szakos. Noes: None. Absent: Dr. Brown) to meet in
closed session pursuant to section 2.2-3712 of the Virginia Code, for (1) Discussion and
consideration of prospective candidates for appointment to City boards and commissions;
and for discussion of the compensation for the City Manager, as authorized by Virginia
Code sec. 2.2-3711 (A) (1); and, (2) Discussion of the acquisition of real property
located on Davis Avenue for a public purpose, where discussion in an open meeting
would adversely affect the City's bargaining position, as authorized by Virginia Code
sec. 2.2-3711 (A) (3) ; and, (3) Consultation with legal counsel regarding the
negotiation of the terms and conditions of a community water supply cost sharing
agreement with the Albemarle County Service Authority, as authorized by Virginia Code
sec. 2.2-3711 (A) (7).
On motion by Ms. Szakos, seconded by Ms. Edwards, Council certified by the
following vote, (Ayes: Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos. Noes: None.
Absent: Dr. Brown), 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 1, 2011
Council met in regular session on this date with the following members present:
Mr. Norris, Ms. Edwards, Mr. Huja, Ms. Szakos.
Mr. Norris announced Women's Equality Day on August 26, 2011. Ms. Kobby
Hoffman and Ms. Jan Dix were present to accept the proclamation.
Mr. Norris recognized the Derby Dames, the City's official roller derby team. He
announced the "Virginia is for Shovers" competition on August 6, 2011. A member of
the Derby Dames spoke on behalf of the team and thanked Council for their support.
Mr. Norris reminded the public that the second meeting in August is cancelled.
City Hall is closed on Monday, September 5th. The next meeting will be Tuesday,
Ms. Szakos announced the Charlottesville Citizen's Police Academy, beginning
Monday, August 25th. Meetings will be at CitySpace. Call Sgt. McKean at 566-1436 to
register. She also announced the following Our Town Council meetings: Thursday,
September 8th for the Downtown Martha Jefferson neighborhood at CitySpace 6pm-8pm,
and Thursday, September 2nd at Burley School for the Rosehill/Kellytown neighborhood.
Mr. Huja encouraged citizens to take part in their primary elections on August
20th 9am-7pm at Burley School.
Ms. Edwards announced free sports physicals this Saturday 10am-2pm at
Mr. Norris said the next Movies in the Park is on August 12th at Meade Park; the
movie Up will be featured.
Mr. Norris said we lost a third grade teacher, Ms. Dawn Reddick, and extended
his condolences to the schools and her family. He asked for a moment of silence in her
MATTERS BY THE PUBLIC
Ms. Tatyanna Patten, 2209 Jefferson Park Ave., said she was moved by Ms.
Edwards' comments on behalf of Mr. Huja at the last Council meeting and inspired by
the vote of confidence taken by Council. She is president of the Rivanna Conservation
Society, and there have been attacks on groups that support the water supply plan. She
asked Council for a vote of confidence in the environmental community.
Mr. Richard Statman, 116 Olinda Dr., spoke on the First Amendment. He said
free speech rights deserve heightened protection during matters by the public, and
Council should not make comments that seem to deter free speech, regardless of the
nature of the comments.
Ms. Pat Napolean, 700 Lyons Ave., defended her objection that citizens cannot
understand Councilor Huja. She said the labeling of her statement by Ms. Szakos as
xenophobic was unfair. She asked Council to protect the City's water resources and
parkland. She encouraged voters to exercise their rights.
Mr. Richard Lloyd, 1825 Locust Shade Ct., objected to Council members'
reaction to his comments at the July 18th meeting. He discussed conservation pricing and
said Charlottesville has the second highest cost of water in the state. He said the AECON
report does not consider demand and price elasticity.
Ms. Liz Palmer, 2958 Mechum Banks Dr., and Marsha Levering and Linda
Goodling, came forward representing the League of Women Voters Natural Resource
Committee. They support the water plan approved earlier this year by City Council. The
City/County approved plan, which includes a 30 foot rise in the dam, will save money
while saving the environment.
Mr. John Cruikshank, 324 Parkway St., said no one should agree to begin
construction on McIntire Road Extended before a written plan, design and cost estimate
has been established. Prevent any road construction from proceeding until there has been
full disclosure on the plan and a public hearing has been held on the design.
Mr. Peter Kleeman, 407 Hedge St., said he has inquired with VDOT on the
proposal for McIntire Park construction without response. He encouraged staff and
Council to question VDOT about how they plan to move the amount of earth required for
Mr. Paul Long, 1410 Grady Ave., said Charlottesville still has many homeless
residents and asked Council to appropriate $2 million from the budget to establish
shelters for the homeless. He said the City should not cease bus services on Sundays or
Ms. Rebecca Quinn, 104 4th St. S.E., said numbers about the water supply that
have been published in the last few weeks adds to confusion. She said the South Fork
Rivanna Reservoir has more water than was previously projected when the water supply
plan was devised. Council should demand a complete and impartial assessment of today's
Mr. Stratton Salidis, 704 Graves St., said the recent cost estimate comparisons
have not included the pipeline that would be necessary to make the dam plan work. Also,
he questioned why VDOT is no longer seeking a permit for their road project.
Mr. Brandon Collins, 536 Meade Ave., said JAUNT is facing high gas prices, and
they need supplemental funding to avoid reduced services. He thanked Council for
putting money aside for the Reentry Workforce Program, but he said he was not sure
$30,000 was enough to get the program sufficiently started. He asked Council to seek
public input if VDOT changes the plan to build McIntire Parkway.
Mr. Bill Kitrell, 1781 White Hall, said he was speaking on behalf of five
environmental organizations, to endorse the City/County water supply plan because it
provides enough water to meet the needs of both people and nature, while the dredging
only plan does not.
COUNCIL RESPONSES TO MATTERS BY THE PUBLIC
Mr. Huja said he is sorry Ms. Napolean has trouble understanding him. He has
worked on being understood, and he will continue to try to improve.
Ms. Szakos said she found Mr. Statman's comments compelling and thanked him
Ms. Edwards said make your haters your elevators. She told the story of the
coyote and the road runner.
Mr. Huja said he wanted to acknowledge the assistance provided to Council by
the environmental groups.
Mr. Norris apologized to Mr. Collins for inaccurately correcting him at a past
Council meeting regarding transit funding. He agreed with Mr. Collins that we should
find a way to support JAUNT and asked Mr. Jones for an update on the matter. Mr.
Jones said staff has been willing to consider their request for additional funding but will
wait until we get further into the fiscal year to gain a more accurate picture of their
financial situation. Mr. Norris said regarding reentry, he views the initial funding as
simply a down payment.
Mr. Norris asked Mr. Jones to respond to questions raised by Mr. Kleeman and
others regarding the status of the McIntire Road project, especially in light of the change
in VDOT. Mr. Jones said they are in the process of working on a design for a bridge over
the stream. A preliminary design will be provided by the end of this month. A report will
be on the September 6th agenda for consideration if the preliminary design is available.
Movement of the fill has not been addressed; discussion on that point is forthcoming.
Mr. Norris asked Mr. Jones for an update on the AECOM water demand
projections, which show approximately a population increase of 30,000 over the next few
decades. Mr. Jones said staff met with representatives from AECOM. He clarified that
staff did not provide numbers to them. AECOM has agreed to reevaluate these numbers
and report back before the public hearing on September 13th.
Mr. Norris asked what it would take to keep our public transportation system open
on holidays. Mr. Jones said he can provide this information to Council. Ms. Szakos
asked staff to examine interim positions as well.
Mr. Huja announced the appointment of Natasha Sienitsky to the Planning
Commission. On motion by Mr. Huja, seconded by Ms. Szakos, the appointment carried
On motion by Ms. Szakos, seconded by Mr. Huja, the following consent agenda
items were approved: (Ayes: Mr. Huja, Ms. Edwards, Mr. Norris, Ms. Szakos; Noes:
None; Absent: Dr. Brown.)
a. Minutes of July 18
b. APPROPRIATION: $5,000 — Virginia Commission of the Arts Challenge
Grant (2nd reading)
c. APPROPRIATION: $2,774.80 — Federal Bureau of Investigations (F.B.I.)
Overtime Reimbursement for the Cyber Crimes Task
Force (2nd reading)
d. APPROPRIATION: $7,700 — 9/11 Memorial Steel Project Phase I
e. APPROPRIATION: $1,011,823 — Appropriation of FY 2012 Transit Grants
f. APPROPRIATION: $97,500 — Virginia Department of Criminal Justice
Services Neighborhood of Promise Grant (carried)
g. APPROPRIATION: $65,000 — CASASTART Truancy Prevention Program
h. APPROPRIATION: Workforce Development Program Carryover Funding
for FY 2012 (carried)
i. APPROPRIATION: $182,500 — Charlottesville/Albemarle Adult Drug
Treatment Court Grant Award (carried)
j. APPROPRIATION: $65,000 — Teens GIVE Service-Learning and Life Skills
k. RESOLUTION: Reentry Employment Program — Allocation of Funds
from Reentry Workforce Development Account -
1. RESOLUTION: Real Estate Assessment System Upgrade $199,232 and
GIS Web Viewer $50,000
PUBLIC HEARING/ORDINANCE: TRANSFER OF ELLIOTT LOT TO HABITAT
FOR HUMANITY (carried)
Ms. Kathy McHugh presented to Council. Staff asked them to consider the
transfer of lot two to Habitat for Humanity, not as a for sale lot to Southern Development,
but as a gift lot to be eventually transferred for use in overall development as part of
Burnett Commons and in promotion of affordable housing.
The public hearing was opened.
Ms. Colette Hall, 101 Robertson Ln., asked for clarification on the use of the lot.
Having no further speakers, the public hearing was closed.
Ms. McHugh explained the intended use of the lot for Ms. Hall's clarification.
On motion by Mr. Huja, seconded by Ms. Edwards, the ordinance carried.
PUBLIC HEARING/ORDINANCE: RWSA EASEMENT FOR SCHENK'S
BRANCH INTERCEPTOR (carried)
Ms. Hildebrand presented to Council. Easements for the first two segments have
already been granted to Rivanna. Funding for segment three is the responsibility of
Rivanna. The granting of a permanent easement is scheduled for a public hearing and is
dependent on Council's passage of tonight's ordinance.
Landscaping will be handled in the same manner as it was in the past, wherein
Rivanna will be allowed to plant trees along the easement.
Mr. Norris clarified that this line has to be upgraded independently of whatever
roadway project may occur. Ms. Hildebrand confirmed that this was true.
The public hearing was opened.
Ms. Colette Hall, 101 Robertson Ln., asked for clarification on past construction
near the Schenk's Branch site. She asked what would happen if the road through
McIntire Park was not built.
Mr. Peter Kleeman, 407 Hedge St., asked if the sewer currently in the requested
right-of-way would now be maintained by the City. He asked what opportunities for
plantings would be near the site. He asked if the project would require removal of
Having no further speakers, the public hearing was closed.
Ms. Hildebrand said Rivanna is under consent order by DEQ, and this is in their
schedule regardless of other road projects.
Ms. Angela Tucker said the impact of the sewer relocation has been included in
the MOU. All of these things are taken into account with reviews of historic properties.
The existing line is not under a former easement but is covered by a multi-party
agreement that allows for coverage of maintenance.
Mr. Huja said this is a much needed project. On motion by Mr. Huja, seconded
by Ms. Szakos, the motion carried.
PUBLIC HEARING/ORDINANCE: GRANT OF UTILITY EASEMENT UNDER
JPA AND WEST MAIN STREET TO UVA (carried)
Mr. Craig Brown presented to Council. The University requested a 40 year
easement to underground utilities and related facilities under JPA and West Main.
The public hearing was opened. Having no speakers, the public hearing was
On motion by Ms. Szakos, seconded by Ms. Edwards, the motion carried.
REPORT/RESOLUTION: SOLID WASTE COST SHARE AGREEMENT FOR
MCINTIRE RECYCLING CENTER
Ms. Judy Mueller presented to Council. The cost share is based on last year's
citizen survey, reflecting a 70/30 split. This will be revisited at the end of six months. At
this time staff believes the City's share of the cost to make up the deficit can be covered
by the approved operating budget for solid waste services within the Department of
Public Works, meeting Council's desire to continue providing this service to our citizens.
Ms. Szakos asked about service for disposal of florescent light bulbs, batteries,
etc. Ms. Mueller said there is not sufficient interest in doing this with our partner. It is
very expensive, but staff will revisit this in six months. In the meantime, we are
continuing with hazardous household waste collection days. Ms. Szakos clarified that we
are accepting other plastics. Ms. Mueller confirmed that we are.
Mr. Norris said he would like to see several items addressed in advance of the six
month review. He asked that staff work to restore the level of service we had before and
expand those services at the recycling center. He said he is concerned that hazardous
waste will be disposed of illegally if services are reduced. Ms. Mueller offered to present
a menu of what we used to do and what it would cost to bring it back.
On motion by Mr. Huja, seconded by Ms. Edwards, the resolution passed
unanimously. (Ayes: Mr. Huja, Ms. Edwards, Ms. Szakos, Mr. Norris; Noes: None;
Absent: Dr. Brown.)
REPORT: DOMINION VIRGINIA POWER SYSTEMS UPDATE
Mr. Scott Reed, External Affairs Manager for Dominion, presented to Council on
the state of their energy transmission system locally. Mr. Rob McIntyre, Liability
Manager for the Northwest area, was also present to speak on technical aspects of the
presentation. He overviewed the Dominion system at a glance, including Dominion's
efforts at meeting increasing energy demand, Dominion's initiative,
www.poweringvirginia.com, which is aimed at meeting Virginia's energy needs for the
21st century, and Smartgrid Charlottesville, which modernizes the grid and uses advanced
Mr. McIntyre discussed reliability history, showed storm days for 2010 & 2011
YTD (Charlottesville has been hard-hit compared to surrounding areas), outlined
distribution improvement projects, and discussed circuit reconditioning, which is a
comprehensive program aimed at improving storm resiliency of electric distribution
circuits. Mr. McIntyre also discussed plans for improving the current transmission
structure and summarized Charlottesville's reliability investments.
Ms. Szakos asked for an explanation of how trees are classified as "danger trees".
Mr. McIntyre said draughts can cause damage and produce dying trees that are distressed
and can potentially fall. Ms. Szakos asked how many trees would have to be cut down to
improve this issue. Mr. Hughes said we evaluate trees that could present a conflict for
our above-ground infrastructure for insects, disease, and draught. Dominion works
closely with the City forester for circuit work. He could not give an exact number, as the
pattern is cyclical in nature and dependent on forest pests, for example.
Ms. Szakos asked about the projected impact of the electric cars project. Mr. Reed
said the Alternative Energy Solutions Group looks at business opportunities and have run
with this Electric Vehicle study; they envision 50,000 Electric Vehicles by 2020.
Dominion remains involved with this change and is well-positioned to account for it.
Ms. Szakos asked what we can do to help decrease usage. Mr. Reed said users
can go to www.dom.com and search for "energy conservation" for ideas on how to
conserve energy. Also, check the EPA and LEAP for resources.
Mr. Huja said he was pleased Dominion is taking preventive measures in the City.
He asked how customers can learn more about time-of-day pricing. Mr. Reed said it is
available on the Dominion website. Literature on different programs is also available. Mr.
Huja asked why power loss events have increased in the last five years. Mr. McIntyre
said weather has been a factor, and it will get better. Mr. Huja thanked them for
becoming more thoughtful in trimming trees. Mr. Huja asked about solar panels. Mr.
Reed said net metering is used to generate power, and it works to offset consumption. If
you generate more than you use, credit rolls forward. More robust net metering options
will be available in the coming months.
Ms. Edwards asked what we can offer the community when power is out,
especially to compensate for the loss of food that takes place. Mr. Reed said users can
access the interactive outage map on the website, as well as estimated time of restoration
of services so plans can be made accordingly. Also, users may call 866-DOM-HELP.
Mr. Huja asked if there is a project to join forces with other localities in
undergrounding utilities. Mr. McIntyre said there is not, but Dominion would be happy to
work with the City to discuss options.
Ms. Szakos asked about partnerships with low income/disability housing where
people do not have a way of getting out. Dominion has a "special conditions" customers
list that become priorities for restoration during an outage.
Mr. Norris thanked Dominion representatives for their responsiveness to
concerns. He commended their support of LEAP and conservation efficiency in general.
REPORT: COUNCIL PRIORITIES FOR 2011-2012
Mr. Jones reported on Council's retreat on June 9. He outlined accomplishments
related to existing Council priorities. Council added "Children" as an eighth priority area,
which includes reducing infant mortality rate, early childhood education, expanding
community activities for children and youth, supporting initiatives that work to close the
achievement gap, and support for healthy families in general.
Ms. Szakos said Council is not trying to duplicate what the schools are doing, but
covering the time children and youth are out in the community, at home or on the street.
Mr. Huja said Council believes it takes a village to raise a child. Ms. Edwards
said she hopes addressing the infant mortality rate by providing educational opportunities
and community outreach, particularly meeting people where they are, will be
emphasized, as well as the importance of safe sleep.
Ms. Szakos asked staff to look into establishing a Child Task Force for the City to
work on understanding our needs in this area.
Ms. Edwards asked about the changes in the Vision Statement and asked if this
could be brought before Council. Mr. Jones said staff will bring it to the first meeting in
September. Ms. Edwards requested the opportunity for public comment.
REPORT: COMMERCIAL PROPERTY UPDATE
Mr. Chris Engel presented to Council. He explained the success of an initiative
that has been in place since 2008 regarding retail vacancies. The most recent survey from
early July of this year shows our overall vacancy rate has decreased by over 2% since
January, with the overall rate being considerably lower than the national average.
Mr. Norris asked what the decrease was attributed to. Mr. Engel said it is difficult
to say precisely, but the numbers track fairly consistently with the unemployment rate.
Mr. Norris asked what services are available for small business owners. Mr. Engel said
we partner with the Small Business Development Center and provide free counseling and
assistance. The Office of Economic Development also spends time working individually
with small businesses in developing their business plans.
REPORT: FUNDING PRIORITIES FOR NONPROFIT AGENCIES — STEERING
COMMITTEE AND STAFF RECOMMENDATIONS
Ms. Gretchen Ellis presented to Council. Staff requested more guidance for
outside evaluation of programs after their presentation earlier in the summer.
Mr. Huja and Ms. Edwards said they were disappointed that arts and festivals are
included in this process. Ms. Ellis said representatives from the festivals are the ones who
said they wanted to be included. Mr. Ryan Davidson confirmed that the festivals were
concerned they would be marginalized if they were not included in the process. As a
compromise, staff will have festivals go through the application but be reviewed by a
specialized group with expertise in arts and cultural funding.
Ms. Edwards asked that staff remain vigilant throughout this process and evaluate
how well this will work, especially for festival planners. Give them a chance to come
back to the table after this year. Ms. Ellis said staff will survey organizations for feedback
about the process after applications are processed.
Mr. Norris said regarding state feedback on beneficiaries, a third bullet should be
included involving a focus group of low income stakeholders to inform the budget review
process and ask groups such as QCC and JABA to advise and give input as to how
organizations are evaluated.
Ms. Edwards said staff should examine the opportunity to connect this with the
workforce initiatives and community service that some public housing residents are
required to complete.
On motion by Ms. Szakos, seconded by Mr. Huja, Council accepted the report as
amended. (Ayes: Ms. Szakos, Mr. Huja, Mr. Norris, Ms. Edwards; Noes: None; Absent:
MATTERS BY THE PUBLIC
Ms. Rebecca Quinn, 104 4th St., thanked Council for the report on population and
the demand analysis. Council should ask Rivanna to reschedule their public hearing so
Council can get the new report before the meeting.
Ms. Dede Smith, 2652 Jefferson Park Cir., said Council should have control over
greenspace at Elliott Avenue. She passed around data for streamflow in the Moormans
for 2009. Using the water behind the dam to ensure natural flows when it goes below
crest is the best way to control for flow. Increase the pipeline and dredge.
Ms. Colette Hall, 101 Robertson Ln., asked why the League of Women Voters is
blatantly biased. Their purpose should be to promote voting, not to sway voters on what
to vote for. Council should ensure transparency from VDOT regarding the new design of
McIntire Road Extended. Ms. Mueller failed to say that 70% was county, 30% was City
regarding the recycle center, for clarity. The City should ask users to pay a small fee for
discarding CFLs to defray cost. CFLs were never included in the listing of accepted
materials for bulk waste days in the spring. Please ask visiting staff to speak into the
microphone, because home viewing audience cannot hear if they do not.
Mr. Stratton Salidis, 704 Graves St., said the cost of dredging does not include the
cost of the pipeline. VDOT should have come to the City before taking the permit
requirement away. No construction should start before a public hearing.
The meeting was adjourned.