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, April 4, 2011, 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:
Dr. Brown, Ms. Edwards, Mr. Huja, Mr. Norris, Ms. Szakos.
On motion by Ms. Szakos, seconded by Mr. Huja, Council voted (Ayes: Ms.
Edwards, Mr. Huja, Mr. Norris, Ms. Szakos. Noes: None) to meet in closed session
pursuant to section 2.2-3712 of the Virginia Code, for 1) Consultation with legal counsel
for legal advice regarding the negotiation of the terms and conditions of a cost sharing
agreement between the City of Charlottesville and the Albemarle County Service
Authority for implementation of a community water supply plan, as authorized by
Virginia Code sec. 2.2-3711 (A)(7); and 2) Consideration of prospective candidates for
appointment to City boards and commissions, as authorized by Virginia Code sec. 2.2-
3711 (A)(1).
On motion by Ms. Szakos, seconded by Mr. Huja, Council certified by the
following vote, (Ayes: Dr. Brown, Ms. Edwards, Mr. Huja, 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 CHAMBER – April 4, 2011
Council met in regular session on this date with the following members present:
Ms. Edwards, Mr. Norris, Dr. Brown, Ms. Szakos, Mr. Huja.
Mr. Norris recognized members of the community who were recently recognized
by the Charlottesville Planning Commission were asked to step forward. On behalf of
City Council, Mr. Norris congratulated all individuals and organizations who were
honored by the Planning Commission.
Mr. Norris read a proclamation announcing the month of April as Child Abuse
Prevention Month. Ms. Diane Kuknyo from the Department of Social Services was
present to accept the proclamation.
Mr. Norris read a proclamation announcing the month of April as Minority Health
Month. Mr. Randy Jones was present to accept the proclamation.
Ms. Szakos announced the next Our Town Charlottesville meeting Thursday,
April 14 at Mt. Zion Baptist Church from 6:00 p.m. – 8:00 p.m. for the Ridge St./Burnett
Commons neighborhoods.
Mr. Norris said Charlottesville City Schools opening Kindergarten registration
starts Thursday April 28th at 6pm. Bring a birth certificate, social security card, a current
medical physical, and proof of city residency.
CAT is offering a Youth Ride Free program for youth in Charlottesville and
Albemarle offering access to transit during the summer. Call CAT at (434) 970-3349 for
more information.
Mr. Randy Page, 1401 Wellford St., said he has been an advocate for the western
side of McIntire Park for a long time, and replacing the current softball fields would incur
more cost than benefit. Other serious projects in town deserve our attention over
spending money to move softball fields.
Ms. Vanthi Nguyen, 1116 Little High St., presented a petition posted by Joanna
Salidis, a member of Citizens for a Sustainable Water Supply Plan, with 362 signatures as
of 6pm tonight. The petition asked for the community’s water needs to be met through
dredging South Fork Rivanna Reservoir. Namely: 1) prioritize dredging, 2) aggressively
pursue accurate information on which to base decisions, 3) stop all progress towards an
earthen dam, and 4) commit to a water plan that is environmentally conservative. Citizens
can go to cvillewater.info to sign the petition.
Mr. John Cruickshank, 324 Parkway St., with the Piedmont Group of the Sierra
Club, said he believes water needs can best be met with water conservation, phased repair
of the dam at Ragged Mountain, and dredging at South Fork Reservoir. Please secure the
money for dredging the Rivanna Reservoir before making agreements to build a dam. He
asked those who support dredging first to stand.
Mr. Bob Fenwick, 901 E. Jefferson St., said all talk on the budget is focused on
spending, but we should focus on the saving side as well. He asked Council to revitalize
the program wherein taxpayers who have money saving ideas can share in a percentage
of the savings. He asked how assessments can go up when the value of commercial real
estate is going down. He said he supports the boxing club idea from the last meeting.
Ms. Rebecca Quinn, 104 4th St., said she wanted to thank Dr. Brown for pointedly
ensuring that Council’s interests were heard and acted upon at the recent Rivanna Board
meeting. She asked for follow-up on an RFP for dredging, research meetings on the
Lower Ragged Mountain Dam, and ask when RWSA will estimate the impact the dam
and pipeline will have on City and County rates.
Mr. Scott Beyer, 2556 Summit Ridge Trail, said construction of the SRO will
begin soon, and he wants to discuss the way we build around it to reduce potentially
negative effects. Clustering of social services creates negative effects unless surrounded
by other multi-use facilities. Future projects around it should be allowed equal density to
allow for counter-balance. The City should encourage further development across the
street. Surround our SRO with an intensity of uses that will maximize its positive while
minimizing its negatives.
Mr. James Richardson, 115 E. High St., said the new wayfinding signs that were
recently installed downtown and sidewalks have been installed directly in the middle of
the sidewalk in some places, leaving barely three feet on either side. Please fix existing
installation problems, and look at how the planning and engineering processes work to
make sure they are concurrent with the City’s goal of improving pedestrian mobility.
Mr. Brian Carr, 100 Ridge St., said some people have objected to funding to the
Haven, but it is important to have resources such as the Haven available to help anyone
who may need it, especially when one in four children in the U.S. live in poverty.
Ms. Elizabeth Breeden, 981 Old Lynchburg Rd., said after ten years of exploring
the value of public art, she thinks art in a child’s life is valuable. As the manager of Art
in Place, the craftsmanship is exquisite, and the piece “Azure Butterfly” adds value to the
spirit of Charlottesville. Please support the purchase of this piece at one fifth of its actual
Mr. Brandon Collins, 536 Meade Ave., encouraged Council to accept zoning
changes for the music halls. It was an open process, and everyone who participated is
comfortable with what the Planning Commission came up with. He said he is against
renaming the Pavilion and things a progressive Council could stop this trend. He asked
for it to be removed from the consent agenda. It is not too late to rethink the water supply
plan. Dredge first, then consider the dam later. He agreed with Mr. Carr about the
Haven and requested that Council give them the full $45,000 the originally requested.
Mr. Jacob Wolf, 614 Monticello Ave., thanked Mr. Tolbert for his work
shepherding forward the music hall proposal. He said it was about 90% of what his
group wanted to have happen. The Planning Commission decision was not actually
unanimous. He expressed concerns about two of the zones; one in the downtown area,
and one in Belmont.
Ms. Bailee Elizabeth, 613 Blenheim Ave., has been working on the music zoning
issue since January and said what the zoning board has presented to Council is exactly
what the music community wants. Please do not allow the Pavilion to be called the
nTelos Pavilion. Feed people over spending money on a clock.
Mr. Huja said he encouraged Mr. Fenwick’s ideas about savings. He asked Mr.
Jones to look into wayfinding signs on the sidewalks; sidewalks should be treated the
same as roadways.
Ms. Szakos thanked Mr. Page for his well-researched comments about the softball
fields. She said Mr. Fenwick’s ideas about tax payers helping to save money is a good
idea. The City does not raise money by raising assessments. They theoretically reflect
actual property value. She suggested Mr. Fenwick speak with Mr. Wes Bellamy about
the boxing club. She told Mr. Carr that the Haven has withdrawn their request from
funding because they understood this was a year there was a freeze to funding on nonprofits
and did not want to disrespect that process. She asked citizens to consider
Ms. Edwards thanked Mr. Page for his information about the softball fields. She
suggested Mr. Beyer meet with Mr. Collins and Mr. Carr at the Azure Butterfly to have a
discussion about their diverse opinions about SROs and this community. She echoed Mr.
Wolf and Mr. Collins’ thanks to Mr. Tolbert for his work on the music halls.
Dr. Brown said Council has never made a decision on how to program the fields
at McIntire Park. He said he wants to look at what the kids need more than what the
adults need, so he is more interested in rectangular fields.
Mr. Norris thanked Mr. Page for his comments. Mr. Bill Mueller, director of
SOCA, said he does not support taking softball away from McIntire, but would like to see
the City and County working together to find additional rectangular field space
elsewhere. He thanked Ms. Ngyuen for bringing forward the petition and thanked Ms.
Salidis for prompting the effort. He said Mr. Beyer’s use of the word SRO differs
slightly from Virginia’s use of the term, and it is a different beast. SROs here have
security and reduce crime in the neighborhood. He thanked Mr. Wolf and Ms. Elizabeth
for their work on music halls.
On motion by Mr. Huja, seconded by Ms. Edwards, Council made the following
appointments to the Tree Commission: Martha A. Derthick, Bill Emory, Robin Hanes, J.
Mike Henrietta, Mo Nichols, Barry Owens, Dorothy Smith, Maynard Snipe and Elizabeth
Waters. The motion carried unanimously.
Ms. Szakos requested the renaming of the Pavilion be pulled for further
On motion by Ms. Szakos, seconded by Mr. Huja, the following consent agenda
items were approved: (Ayes: Mr. Huja, Ms. Edwards, Mr. Norris, Dr. Brown, Ms.
Szakos; Noes: None.)
a. Minutes of March 7
b. APPROPRIATION: $95,000 – U.S. Department of Agriculture (USDA)
Summer Food Service Program (2nd reading)
c. APPROPRIATION: $92,029 – Police Department – Insurance Recovery and
Misc. Revenue and Fees (2nd reading)
d. RESOLUTION: $6,000 – Purchase of Azure Sculpture from 2009-2010
Art in Place Show
e. RESOLUTION: SUP for 1417 Emmet St.
g. RESOLUTION: Transfer of Funds to Wayfinding Account - $23,500
h. ORDINANCE: Voting Precinct Reconfiguration (2nd
i. ORDINANCE: Tax Exemption for Disabled Veterans (2nd
j. ORDINANCE: Overlay Zoning Restriction for 233 4th
St NW /
Individually Protected Property Designation (Jefferson
School) (carried)
k. ORDINANCE: Telecommunications Franchise – Windstream (carried)
l. RESOLUTION: Pavilion Naming Rights (1st
of 1 reading)
Ms. Beauregard presented to Council. She reviewed budget amendments Council
and staff made, which totaled $368,137.
The public hearing was opened.
Mr. Paul Long, 1410 Grady Ave., urged Council to take the plight of the homeless
into consideration in the upcoming budget. The Salvation Army is the only establishment
providing overnight housing. The homeless population is not monolithic and should not
be a moral stigma. He asked Council to use $2 million from last year’s budget surplus to
support non-profits who are aiding the homeless and to appropriate money to the Haven
regardless of the freeze on funding to non-profit organizations.
Mr. Brandon Collins, 536 Meade Ave., agreed with Mr. Long and said if there is
money available from a surplus from last year, please consider priorities here in
Charlottesville. If you are serious about being a green city, expand public transportation
to full service on Sundays and late night service.
Ms. Colette Hall, 101 Robertson Ln., spoke on affordable housing.
The public hearing was closed.
Ms. Szakos thanked people for coming out to speak on the budget.
Mr. Jones said we are not proposing an increase in tax rates for this year.
On motion by Mr. Huja, seconded by Ms. Szakos, the ordinance carried.
Mr. Huja said the Haven has withdrawn its request and recommended removing it
from this year’s budget. Ms. Szakos said they were sincere in withdrawing their request
and did not want to be put in the position of accepting the money. Ms. Edwards read the
email The Haven sent to Council. Dr. Brown said he was skeptical of funding the Haven
and felt that Council came up with a good compromise. The Haven withdrew their
request because they did not like the politics of it, and the politics of it were Council’s
Ms. Szakos said there are at least five non-profits dealing with human services
projects who did not apply for funding this year. Council can work on their policy of
how they support non-profits later in the year. Ms. Edwards said that the Haven clarified
it will not have to close its doors if they do not receive this funding. The Haven is
dedicated to following the same process as other non-profits to obtain funding, and
Council should honor their request to withdraw. She said Ms. Hall is correct that
balancing the budget is the most important and difficult thing Council will do.
Mr. Norris said his concern over dropping the appropriation for the Haven is that
Council asked the Haven to work with City staff and other key stakeholders on
development of a downtown satellite employment center. He still believes this is critical,
not just for helping the homeless, but for assisting anyone in our community who needs
help finding work. Ms. Szakos volunteered to bring that to the Piedmont Workforce
Council will remove the Haven from the budget but will continue to address
poverty and homelessness in other ways.
Mr. Jones thanked Ms. Beauregard and the rest of the budget team for putting
together this year’s budget. Ms. Szakos said they were very responsive to Council’s
requests and to members of the public.
On motion by Ms. Szakos, seconded by Mr. Huja, the ordinance carried.
Mr. Tolbert presented to Council. Estimates for repairing the sidewalk on the east
side are in the neighborhood of $300,000. This is not a wise expenditure given we do not
know how long it will be until the bridge is torn down. Staff proposed installing a
permanent black aluminum fence along the sidewalk. Mr. Tolbert met with Ms. Szakos
and Mr. Huja, and they approved this approach. The total cost is approximately $14,000.
Mr. Tolbert explained why other options were not viable.
Mr. Huja said this is a better solution than what we had last time. Dr. Brown
thanked people who worked on the project. Mr. Norris said if this were a pathway for
vehicles, we would not close it down. However, he agrees the proposal is better than it
was. Ms. Edwards said if Council was appalled at the wayfinding signs being placed in
the middle of the sidewalk, they should not be willing to let the sidewalk go unrepaired
for up to six years, or perhaps longer. Mr. Tolbert said staff is installing an LED
crosswalk on the south side of the bridge to make it safer to cross at that location. Ms.
Edwards said she is concerned over safety because of how fast vehicles travel in that
area. Mr. Jones said we can increase enforcement at that location.
On motion by Mr. Huja, seconded by Dr. Brown, the resolution passed. (Ayes:
Mr. Huja, Dr. Brown, Ms. Szakos; Nays: Ms. Edwards, Mr. Norris.)
Mr. Tolbert presented to Council. He thanked the group of young folks who
worked on this process. The change in code would change the provision that requires an
SUP to establish a restaurant or music hall to a by-right use in almost all cases, with the
exception of two or three current establishments.
On motion by Mr. Huja, seconded by Ms. Edwards, the motion carried. Ms.
Edwards said she seconded on behalf of Ms. Baylee Elizabeth.
Mr. Jones reported to Council. There are three areas: Annexation/Revenue
Sharing/LCI, Fire and Rescue Services and Social Services. LCI met and decided focus
of the group should be the schools. They concluded that consolidating services may not
be the best route to take, but both groups identified other areas for collaboration in the
Mr. Huja said he was part of the Social Service group and was in the minority
because he thought money could be saved by simply halving the staff.
Dr. Brown said John Conover argued forcefully for consolidation or join initiative
to occur, and it will have to come from the County Board of Supervisors and Council
because staff has too much invested in the status quo to push for change. He said Council
had an opportunity to do something big and did not take advantage of the opportunity.
Ms. Edwards said a lot of good things came out of the meeting. She said she
hopes there will be opportunities in the future to collaborate because poverty knows no
boundaries. She thanked Delegate Toscano for providing the ambience for the meeting to
help facilitate conversation and set the tone for potential collaboration in different areas.
Ms. Szakos said any ways we can become one community instead of two would
be positive developments. The City and County do a lot of collaboration, even though we
are separate.
Mr. Norris said since both Charlottesville and Albemarle have new chief
executives, there may well be opportunities in the future for Mr. Foley and Mr. Jones to
put their heads together and pursue other collaboration and consolidation opportunities.
He welcomed an effort from the county to stand down on threats such as taking money
from the city schools.
Mr. Tolbert explained the JPA Bridge construction process and timing. The
utility department thought they would be finished on Shamrock before VDOT got started
on the JPA Bridge project, but weather and contracting issues caused delays. There will
be one lane open at all times, and workers will ensure traffic flows as smoothly as
possible. They estimate the project will be completed within two weeks.
Staff hopes the mural serves as an educational opportunity for those involved.
This painting is by code required to be approved by the BAR. It was not done
beforehand, but the operator of Random Row filed an application on the artists’ behalf.
Ms. Scala has it scheduled for the next BAR meeting, which will be April 19th in
Chambers. The headmaster of the school will attend, along with several of the students
involved. The BAR will also speak on the importance of process.
Mr. Norris said we need a better process for encouraging murals and public art in
parts of the City where it really does liven up the streetscape. Mr. Tolbert said staff has
communicated with public and private schools.
Ms. Szakos explained what some of the issues are and explained the terms of the
lease. She said she does not feel comfortable denying it because it is within the letter of
the law. The City does not get profit from the naming rights, but the Pavilion should use
their influx of funds to increase diversity of programming, give access to non-profits, and
work to give back to the community.
Mr. Huja asked about signage. Mr. Tolbert said this will all be done in
compliance with code. Dr. Brown asked if it will go to BAR. Mr. Tolbert said if it is
appropriate, it will go to the BAR.
Ms. Edwards thanked Ms. Szakos for having it pulled; she does not support the
resolution because of the lack of time for public input. People have not had the time to
understand the process and the history.
Mr. Hutto said they have worked in the past to bring in a diverse group of artists
and are committed to continuing. Non-profits often are able to use the facility during the
day. We will continue to have the venue available for non-profit work and work on
diversity of performers.
Mr. Norris said this was something Pavilion management was given the right to
do eight years ago, and to deny them that right now would be a breach of contract.
On motion by Dr. Brown, seconded by Ms. Szakos, the resolution passed. (Ayes:
Mr. Norris, Dr. Brown, Ms. Szakos, Mr. Huja; Noes: Ms. Edwards.)
Mr. Scott Bandy, 1639 Cherry Ave., distributed a handout to the Council.
The meeting was adjourned.

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