City Council Meeting   11/7/2022

I'm not logged into anything.

Thanks to my people at CATEC School for thanksgiving to all my people out there.

Yeah, were you there during the football game?

Ms. Thomas, will you call the roll?

Mayor Snook?

Here.

Vice Mayor Wade?

Here.

And then... Councillor Magill, do you want to go ahead?

And then, so what's the protocol here?

I have it.

Okay.

So moved.

Then the city council business meeting, which will begin around 6.30, with seating available in council chambers for up to 23 pre-registered attendees and media, and others are able to join electronically by Zoom.

Are you ready to go?

I am ready to go, but I can't tell if you have my presentation up on your screen or not.

What do we need to make that happen?

Otherwise, I can put it on my screen if I can share the screen.

I'll leave that to the Zoom experts.

Yes, you are now permitted to share your screen.

Thank you very much.

Is that correct?

And I will stop here and see if there are any questions.

Counselors have any questions?

Thank you.

So thank you very much.

Thank you.

foundational and a lot of people think of when they think of Charlottesville and I just think it's a really great kind of what visionary planning looks like and the power of kind of intentional public spaces so appreciate the report and just really exciting to see.

Grad, we basically gave you the land on which to do it, but all of the reforming of that land and all of the work that you've been doing has been yours and not ours, and that's just wonderful.

They wanted to see each other and be in the same space with one another and this was one of the places that you could do it outside and so I think that once it's done I think a lot of people will continue to take advantage of that so thank you.

Rebuttal?

I hope not.

So thank you very much.

I would love to give them tours as well and let them know this space is available to them.

Thank you so much.

Thank you.

Okay.

Next item on our four o'clock agenda is a presentation by the city attorney reporting on vacating rights of way, Ms. Robertson.

We're not even going to send it to city council for consideration.

Do you know if we're actually following that policy now?

And there are some locations where a right-of-way area.

Were you going to Jefferson School?

So just there's all these variables that it's certainly difficult for any citizens to understand because it's also difficult for for lawyers and and and people inside City Hall to understand as well.

Am I understanding that?

But if you don't have any of that, the rule...

But if you've got that language, does that give the city title?

and if the city has never taken any steps to claim that area for itself, either by putting utilities in it or by improving it some way, then if the city has any interest at all, it's unperfected.

They wanted to be able to make sure that this alley would continue to be an entry onto a street.

You can't rely on them to determine ownership.

Counselor Magill?

Does it still stay just kind of open?

It may be that we don't have a procedure at all and unless everybody can agree among themselves there might not be a way to get city council involved to close it.

What happens if someone's built something like a shed?

If the city's ready to go with a sidewalk project or a bike pedestrian project and the city's ready to claim it, then if the city can demonstrate from the deeds and the plat that it has the right to use it, the city could claim it and then force the shed to be removed.

And that's just if we could, down the road, have something that just kind of even initiates if you wanted to look into closing these alleys, this is your first step.

City staff's not always popular having to deliver that message, but that's usually, not always, but almost always the case.

Sena, did you have anything else?

OK. Yeah, I really appreciate it.

Sure.

try to do better and I think having a website now we do need to take advantage and create some materials that can serve as a resource for people on the website including applications but maybe also including any decision trees that we use internally.

Is that basically, so for example, when a property's being developed, if the city says, in the future we may want an easement through here for a water line, but we don't take it at that point, but we could later, is that the idea, it's unperfected?

by Action of Council or you actually went in and constructed the improvements, you didn't get title to the land until you did one of those two things.

And it is, it was very informative for me to find that we have to assume that it is

There are some places where it's been different in some larger cities for you know hundreds of years they've had trash pickups or some sort of fire services or something where they've had a robust system of public alleys but that's not been Charlottesville over the years.

to deal with all the complicating factors around that or and if that's the case should we expect that we need to make an ordinance change at some point or should it be contemplated as part of the zoning rewrite or is this really more about the internal process within the city rather than needing any kind of additional ordinance to clarify or strengthen it?

So it's about how do you explain to someone why you're saying no in cases where you don't currently have an interest in the property but you think you might want to use it way down the road in the future.

Yeah, and to me that's the piece of it that seems the most important is just that pedestrian access and I guess if that's what it takes then we'll get there eventually.

Periodically, and when you're looking for opportunities to do new projects, you should look at whether there are existing alleys there that you could acquire as part of the right of way or the project acquisition areas for that particular connection.

I think I mostly understand, but thank you.

Supposing the city, are you saying that those kinds of alleys are actually already owned by the neighbors?

subdivision for the Belmont, we have a, in our office we have a great big version of that Belmont, the original plat for Belmont.

Well usually there's a, there's a plat that was recorded in 1902 or whenever it was.

Right, and sometimes there's notes on the plat.

You're not getting 50 feet plus half of the alley.

may be with adjacent landowners.

Can we do that?

and to say no when people want to vacate them.

That seems like an interesting legal...

Counselor Magill, you had your hand up a minute ago and then are you still wanting to join the conversation further?

It was something, but then I lost it and I forgot to take a note about it.

Okay, well this is fascinating and the only question I have is do I get CLE credit for this?

Bible that I'd have to look at every time these come through.

Who maintains the properties that are these alleys that people are using to get to their back of their houses that are like graveled or paved that technically aren't the city's maintenance?

Then they might have to bring a private action in court to deal with that.

And thank you.

Yep.

Not every council meeting you get to use Wikipedia and learn a whole new concept.

That raises a whole bunch of other questions I guess we're going to have to sort out later on.

Is there a motion to now go into closed session?

For consideration of legal counsel pertaining to various litigation matters currently pending in federal court, Western District of Virginia and the Charlottesville Circuit Court, where briefing in an open meeting would adversely affect the litigating posture of the city, and for consultation with legal counsel regarding the Human Rights Ordinance, the PCOB operating procedures, a pending special use permit application, 113 Fifth Street Southwest, and for advice on the FOIA compliance regarding joint closed meetings with other public bodies.

Thank you.

Check one two, one two, check check check, one two, one two, check one two, check one two

Okay.

Do I need to try to find him?

Ms. Thomas, do we know?

Yes.

I want to make sure you're still with us or again with us.

I'm here.

We need to come out of the closed meeting so somebody got the certification motion ready.

I move that the City Council members certify by a recorded vote that, to the best of each 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 meeting were heard, discussed, or considered in the closed meeting.

Is there a second to that motion?

Second.

Ms. Thomas, you take the vote please.

Are our microphones on?

Yes.

Okay.

Microphones are on.

Great.

Okay.

Counselor Magill?

I should abstain since I was unable to attend due to technical difficulties.

Mayor Snook?

Yes.

Vice Mayor Wade?

And so we are now back in open session.

and we'll begin the 6.30 business meeting with a brief moment of silence, please.

Okay.

Any other items for recognition?

All right, Ms. Thomas, would you please read the consent agenda?

Extending the contract for city management services with the Robert Bobb Group, One Reading.

Any virtual speakers wishing to address items on the consent agenda?

Cat, you are on with council.

Thank you.

Okay, so is there anybody else online who would like to address the consent agenda?

Mayor Snook, I see no additional hands.

Ms. Thomas, will you take the vote please?

Motion.

We do need a motion.

I move for approval of the consent agenda.

Thank you.

I'll second that.

Yes.

Councillor Payne?

Yes.

Councillor Pinkston?

Yes.

Vice Mayor Wade?

The motion passes five to nothing to adopt the consent agenda.

Mr. Rogers is a report from the city manager's office.

Chief Durette.

Hey David, can you add my PowerPoint, please?

Can you either come closer to your mic or speak a little louder?

Can everybody hear me now?

That's better.

And we've still got two more months to go.

Questions for Chief Durrett?

at the same time we want police that is are accountable and so you know I firmly believe we can we can do both we can have police that are held accountable and yet we can also support the police so anyway enough said

I think it would be very important to kind of repeat some of those items now because it represents some of the work that we have to do in our community to address this situation.

So thank you for your leadership for pulling it together.

Thank you.

I will note for the benefit of anybody who didn't do the math that the 211 incidents up through October 23rd extrapolates to about 255 for the year, so still down from last year.

Is she available?

Emily, you are on with council.

Can you hear me?

Are you Ms. Morrison?

Yes, can you hear me?

Yes, we can.

Number four, we would like more information about what to do.

Can you?

Thank you for your time.

Mr. Cox.

Charlottesville is the kind of place, whether you like it or not, whether you have to watch out for pedestrians and cyclists.

Mr. Schmidt's here in the room.

What I'm told is true.

If you're looking for engineers.

I think that's what she called it.

Yeah, if you go to agendas, meeting minutes, at the top of the Charlottesville page you'll see government and then a link down that says the agendas and then go to the planning commission and the October 11th meeting is where they have those details.

Mr. Rogers, can you get him a name and number that he can reach out to, please, sir?

Yeah, Sam, who would you suggest that Mr. Schmidt talk to?

He's looking for those specific comments or James Breeze would be able to pull that information as a planning commission report.

Jack Dawson, City Engineer Mr. Schmidt, if you give me your number, I will call you and give you that information so you don't have to look for it.

Just write it down.

I'm not trying to publicize your telephone number.

That I can still do.

Okay.

Mr. Semelhack, you have three minutes.

Thank you.

Yes, sir.

I'm happy to take any quick questions from council or staff.

Is there anybody online who would like to speak to us?

We have Cat Meyer.

All right.

Cat, you're on with council.

Can you hear me?

Yes, we can.

So thank you so much for this time.

I know who you are, but I don't know if everybody else does.

I'm basically begging you please make Preston Place parking 24-7 because we are getting the inflow of all of the parking from all these students.

Thank you Ms. Marshall.

Thank you.

Do we have anybody online who would like to address us?

Yes, Mayor Snook, Deborah Jackson will be next.

All right, Ms. Jackson.

You are on with council.

My third and last point.

Ms. Jackson, your time is up.

Thank you.

Yes, ma'am.

Because if somebody from another city is firing their employees for what they did in Charlottesville, you all need to do the same thing.

Is there anyone online who would like to speak to us?

Yes, Mayor Snook, Eugenio Schatini.

Hello?

We have reverberations here.

OK. We've got a real problem here.

Hold on.

Thank you, sir.

Have we ever identified what's going on when this?

Ms. Maris look, Eugenio Chitti.

And I live on Douglas Avenue.

Hello?

I know that there's some technical problem that causes it and we've figured it out before, but I don't know what it is.

It is on the end user.

Is there something that the end user can be doing that will solve the problem?

I think in most of these instances it might have been either a loudspeaker too loud on their end and they might want to use headphones or they could try calling in via phone.

Yes.

Okay.

Now we got you.

I hope that came through.

All right, anybody else online?

Christine, you are on with council.

And if you could identify yourself, spell your name, tell us where you live, please.

And you will need to unmute yourself.

We're not able to hear anything.

It appears she is still muted.

You're apparently still muted.

Jean Umaker Seabuck, you are on with council.

Thank you.

Do we have anybody else online?

One additional raised hand, Kirk Bowers.

All right.

Kirk, you are on with council.

And I will, again, thank you for your time.

Anybody else online?

You are on with council.

Thank you.

Anybody else online?

Mayor Snook, there are no additional hands.

There will be another opportunity for public comment at the end of the meeting, and we'll now move on to the action items portion of the agenda.

Michael Thomas to present, Interim Fire Chief, Chief Thomas.

The city's fire official, Battalion Chief Joe Phillips and I are here to answer any questions that you may have.

Anybody have any questions for the chief?

I did look through the ordinance, but I can't say that I scanned it closely enough to have all of those answers, so I would appreciate that.

Businesses right now that have like fire extinguishers, range hood systems for the restaurants, and sprinkler systems are the main ones that we're focusing on.

Fire dampers?

Not at this time, no.

Okay, so is this code that you're referring to, this is the state fire prevention code, is that correct?

It's the international fire prevention code, yes.

The fire prevention code

Good standardized system to track and maintain systems for our inspectors when they go out and inspect.

come up with a recording system, a way of tracking this information that's much more reliable for you to keep up with and for, I guess, your contractors to engage with as well, it sounds like.

We can go on, look at it and read over it, follow up as need be and track our inspections that way.

You're welcome.

Chancellor Magill, any questions from the peanut gallery?

We should have, this should have been brought forward probably years ago and I appreciate, I know Chief Smith was probably working on this before and Chief Thomas, I really appreciate this kind of streamlining and saving us time and energy of our employees and our businesses and making things safer.

Yeah, Chief Smith and Battalion Chief Joe Phillips, they initiated this and since me coming on, we wanted to formalize it and see if we can get it passed through so we can continue our forward progress to the 21st century.

Okay.

You want to change the motion?

Fire away.

That's right.

So all we really need to do is agree that we're passing it on to the November 21st meeting.

I was really excited.

They're always, you're going to do this, you're going to do that, and this is a chance.

Let's go consent agenda.

Can we put it on the consent agenda?

Alright, sounds like we've got an agreement there.

Todd Niemeyer to present.

Hopefully you can hear me okay?

Yes we can.

So if you'd like, I can share the screen, if that would be helpful.

Please do.

Can you see that OK?

Yes, we can.

And I'll go ahead and stop sharing my screen so we can talk a little bit easier.

Sure.

That, to me, seems like a separate conversation from this, though, right?

Of course the other amendments that were made were outlined in that short bulleted list there, but they're mostly just refinements to our existing processes to clarify them and add a few additional details that we've learned through practice over the years.

Because that to me is the biggest question, not the text of this, but the practical operational needs if we're approved to be in FHAP.

Yeah, so I guess just practically do you think

And that's sort of what we have to figure out.

Yeah I do believe that with the addition of those two staff we will have significant capacity increase to handle that interim period.

Too much further if we're just focusing on what will allow you to go through with that FHAP application process because I do think that's something that is worth doing and we should stay committed to and not delay if our concerns are the operational side of it, but Thank you Yeah, I think I appreciate all that helps me think through this so In terms of these positions has an application already been made relative to the next year's budget FYE

Is that right?

Yeah.

And would we do something different there?

I think that's a separate conversation, important to have.

The basic summation of the changes that took place in February 2021.

Thank you for that.

Anything you want to add?

I think it's good if we go ahead and pass this part, but be aware that we might want to be revisiting and looking at if these changes did what we wanted them to do.

I hope that makes sense because we want this to be this ultimately to be something that's accessible and available to the members of the community and not just you know that they feel like they have to get you know some type of representation.

And I think that's a project we wanna undertake once we get this solidified.