Central Virginia
City of Charlottesville
City Council 7/16/2018
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City Council
7/16/2018
Attachments
July162018agenda.pdf
July162018withbackground.pdf
City Council Minutes 7_16_2018.pdf
ROLL CALL
PROCLAMATIONS
CITY MANAGER RESPONSE TO COMMUNITY MATTERS & August 12 Planning Update
COMMUNITY MATTERS
CONSENT AGENDA:
PUBLIC HEARING /ORDINANCE: Release of a Stormwater Management Agreement across 550 Water Street (carried)
PUBLIC HEARING /ORDINANCE: Closing a Portion of the Coleman Street Right of Way (carried)
PUBLIC HEARING / ORDINANCE: Regulation of Small Cell Wireless Facilities in Public Rights of Way (carried)
RESOLUTION: Emancipation Park and Justice Park Renaming
REPORT: Transition to the Mayor-Council Form of Government: A Preliminary Analysis
RESOLUTION: Belmont Bridge Replacement Project - Approving Design Public Hearing
APPROPRIATION: Mountainside Funding Request for Memory Care Unit - $50,000 (carried)
RESOLUTION: Policy on Public ROW for Paper Streets and Alleyways
ORDINANCE: Amending City's Special Events Ordinance (Carried)
OTHER BUSINESS: RESOLUTION: Authorizing the City Attorney to retain legal counsel
OTHER BUSINESS: RESOLUTION: Delegation of Contracting Authority to Director of Emergency Management
OTHER BUSINESS: RESOLUTION: Review of discretionary funding process for nonprofits
OTHER BUSINESS: RESOLUTION: Charlottesville Parking Center Settlement Agreement
OTHER BUSINESS: ORDINANCE: Amending Code Governing the Place and Time of Regular City Council Meetings
MATTERS BY THE PUBLIC
ROLL CALL
SPEAKER_41
00:00:49
Good evening.
00:00:54
So I call the meeting to order.
00:00:57
Please stand for the Pledge of Allegiance.
SPEAKER_36
00:01:02
I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.
Nikuyah Walker
Mayor, City Council
00:01:29
Ms. Wright, could you do roll call, please?
SPEAKER_39
00:01:33
Dr. Bellamy?
00:01:34
Present.
00:01:35
Ms. Hill?
00:01:36
Here.
00:01:36
Ms. Walker?
00:01:37
Present.
00:01:37
Mr. Signer?
00:01:39
Ms. Galvin?
00:01:40
Here.
PROCLAMATIONS
Nikuyah Walker
Mayor, City Council
00:01:40
All right, and we have one proclamation.
Wes Bellamy
Member, City Council
00:01:46
Thank you, Mayor Walker.
00:01:49
We have a proclamation for the Boys and Girls Club Celebration of Service Day.
00:01:54
Is there a representative from the Boys and Girls Club here today?
00:01:57
Mr. Pierce, anyone?
00:01:59
Whereas all young people regardless of their circumstances deserve a high quality education, a sense of physical and emotional well-being, and opportunities that guide them toward great futures,
00:02:21
and whereas many young people struggle with challenges that are beyond their control including poverty, bullying, racism, bigotry and terrorism and whereas Boys and Girls Clubs of Central Virginia offer essential youth development services to young people ages 6 to 18 that foster confidence, resilience and a sense of belonging through character and leadership development, health and life skills programs, education and career development,
00:02:47
of Central Virginia.
00:03:02
with priority outcomes focusing on academic success, healthy lifestyles, and developing citizenship through leadership and service.
00:03:10
And whereas the Boys and Girls Club of Central Virginia's 2,500 members have successfully met a goal of completing 3,800 hours of service since October 2017.
00:03:23
and whereas Boys and Girls Club of Central Virginia is committed to promoting inclusivity and civic engagement by providing its members with continuing opportunities to serve their clubs and communities.
00:03:34
Now, therefore, the City Council and our illustrious Mayor, Nikuyah Walker, do hereby proclaim August 1st as Boys and Girls Club Celebration of Service Day and call on all citizens
00:03:45
to join with us in recognizing and commending the Boys and Girls Club of Central Virginia for its commitment to building great futures for young people who need us most and guiding them as they become tomorrow's leaders.
00:03:57
Let's give them a round of applause, please.
00:04:03
Outstanding work and salute to the local director, Mr. James Pierce, as well as all involved with the Boys and Girls Club.
00:04:13
Thank you, Mayor Walker.
Nikuyah Walker
Mayor, City Council
00:04:15
Thank you.
00:04:17
Next we have the city manager's response.
CITY MANAGER RESPONSE TO COMMUNITY MATTERS & August 12 Planning Update
Nikuyah Walker
Mayor, City Council
00:04:20
Tonight we have the assistant city manager with us, Mr. Mike Murphy, and so he will respond to public concerns and comments from the July 2nd meeting.
Mike Murphy
Assistant City Manager
00:04:35
Mayor Walker, it's my understanding that the bulk of my comments tonight are to be focused on August 12th planning, that there are some comments related to the HAC funding, but I believe you'll be taking that up in the regular agenda, and we'll discuss that at that time.
Wes Bellamy
Member, City Council
00:04:54
Mayor Walker, I'm sorry.
00:04:55
I got a, may I, I have a note about two more announcements.
00:05:01
I apologize, may I?
00:05:03
So one being, forgive me for forgetting this initially, I want to make sure that everyone knows that everyone is looking forward to seeing all of you for the annual Back to School Bash, which will take place on Saturday, August 18th at the Pavilion at 1030.
00:05:19
For those who would like to volunteer, please join us Monday, August 13th at Mount Zion at 6 PM.
00:05:26
Also, West Haven Community Day is Saturday, August 4th in West Haven, as well as the Chehumba African American Fest is Saturday, July 28th at Washington Park.
00:05:37
And Mr. Alexander's having his annual youth event on Thursday.
00:05:41
July 19th.
00:05:42
So just really quickly, Thursday, July 19th for Mr. Alexander's youth event, Chehumba and African American Festival will be Saturday, July 28th.
00:05:51
West Haven Community Day is Saturday, August 4th, and the Back to School Bash that we do every year at the Pavilion will be Saturday, August 18th at 10 30 a.m. Good evening.
Mike Murphy
Assistant City Manager
00:06:10
So, Mayor Walker, members of council, members of the audience.
00:06:16
I want to start by recognizing that after my comments, we do have a team from our local area here, all of our partners in this planning process for the weekend of August 10th, 11th, and 12th.
00:06:32
And many folks have been involved in this, but our Emergency Management Coordinator, Allyson Feroli, is here.
00:06:41
Gloria Graham, who's the Associate VP of Safety and Security at UVA.
00:06:45
Chief Andrew Baxter for the City of Charlottesville, our Chief of Police, Dr. Rochelle Brackney, Captain Craig Borsham with the Virginia State Police, and Deputy Chief Greg Jenkins.
00:06:59
And we're starting this evening's meeting
00:07:02
with this opportunity for council and the public to hear directly from and ask questions of representatives of the unified team planning our regional preparations for the August 11th and 12th anniversary weekend.
00:07:14
This opportunity for the council to ask questions is in addition to many public meetings, some of which council has already attended or may in the future with different groups, neighborhood groups at neighborhood churches, business leaders, etc.
00:07:31
As Council knows, no permit has been approved for any event in Emancipation Park.
00:07:36
However, our planning assumes there will be a large gathering of people in media and the plan is not dependent upon any particular permit or court ruling.
00:07:46
We understand that the upcoming anniversary weekend will evoke painful memories for a community that is in stages of hurt and healing, not just from last summer's events, but as a reminder of our own city's history of racism, and we expect as a community that Charlottesville will continue to stand up against hate and violence.
00:08:05
To ensure the public's safety, we want the community to know we have learned many lessons from last year, and we intend to earn the trust and confidence of our community.
00:08:13
We do have one unified plan this year.
00:08:16
We have integrated our communication systems with the Virginia State Police, and we will take a new approach to security around any permitted event in the park.
00:08:29
We have previously outlined for you the preparations which began immediately after the events of last summer, but to summarize, they fall into four categories.
00:08:37
The event permitting processes and ordinances, some of which you will revisit this evening.
00:08:42
training and planning of our staff and law enforcement and legislative initiatives which were unsuccessful with respect to restricting guns and our continued investment in the city council's priorities.
00:08:55
For the public, we'd like to draw your attention to our city website, where if you click on the Resilient Seaville image on our homepage, you can find the following resources.
00:09:04
A summary of our preparations, a list of frequently asked questions, which will be updated every week,
00:09:11
a community events calendar of activities taking place to unite and heal our community, the video of last week's community briefing at Mount Zion, and contact information for Mr. Wheeler, our communications director, allowing people to provide further feedback or to ask additional questions.
00:09:30
So now I invite, starting with Chief Brackney, folks to make some brief remarks about their roles and how we're preparing a unified and flexible plan for a safe anniversary weekend.
RaShall Brackney
Chief of Police
00:09:45
Thank you.
00:09:45
Thank you, Mayor, Vice Mayor and Councillors for allowing us to speak and at least give you an opportunity to ask more questions.
00:09:52
We also want to think that the community continues to come out
00:09:54
and ask those tough questions of each and every one of us.
00:09:57
That is our responsibility to be able to answer those and if we don't have the answers to build into our plans those answers and to make sure that we fill all gaps.
00:10:06
As we said here, we have a great many partners that are currently here as represented by those currently at the forefront as the head of their agencies, but we also have partners that are doing a lot of the background and groundwork to make sure that everything that we put into place is successful.
00:10:23
and that we have a safety and security protocol, as you hear me say, that will balance access and convenience and the abilities to express one's First Amendment rights with the obligation to keep the community safe.
00:10:38
So to that the information that we're going to give each and every time is so that each person as an individual and as an organization as well as the city officials can make an informed decision about how they want to participate during the week of August 10th through the weekend of August 10th through the 12th that day.
00:10:57
As part of that informed decision we will slowly unroll the street closures and part of those street closures that we will be announcing
00:11:06
will take us through a larger perimeter and move inward so we're not building concentrically outward.
00:11:13
We're actually going to go and then compress into a space.
00:11:17
And what we're looking at is restrictions will be in the areas between High and Water Street and then we'll also have them between
00:11:24
9th and McIntire Ridge in terms of vehicular traffic being able to move outside of that perimeter with very little inside of there.
00:11:34
We will be restricting parking on the streets more robustly than we have before.
00:11:41
And the purpose of restricting parking as well as vehicular traffic is we understand the tragedies that can occur when you co-mingle vehicular and pedestrian traffic.
00:11:51
Inside of those areas we will be attempting to build out a plan that restricts the prohibited items that are part of the ordinances as well and as we start to unveil more of that we'll get that to you.
00:12:07
We are working on what does closures within the city look like and so that we can support
00:12:14
a very strong and tight safety and security plan and again those will slowly get rolled out to you but not so slow that you're not making a decision and we hope to have those relatively soon as well.
00:12:30
So part of our planning as we look at it is what are those businesses and those persons and residents who may be disrupted by the events of August 10th and 12th.
00:12:40
So we are taking into consideration
00:12:42
the persons and businesses that live in and around Emancipation Park as well as Heather Highway and the pedestrian mall and taking into account what might their convenience look like as they're attempting to enjoy the amenities of the city during that time.
00:13:01
We'll be able to answer a bit more of your questions, more detailed questions as you have them, but I want to make sure that we have an opportunity to introduce our partners and what roles they're playing in assisting the city of Charlottesville.
00:13:14
Thank you.
SPEAKER_10
00:13:18
Good evening ladies and gentlemen of the City Council.
00:13:21
I really thank you for having us here this evening.
00:13:25
I'm Greg Jenkins, Deputy Chief with the Albemarle County Police Department and the goal of the Albemarle County Police Department is to continue to work with our EOC partners and our law enforcement partners to ensure the safety of our residents, to ensure the safety of any visitors that come into Albemarle County and to ensure the safety of those that might be traveling through Albemarle County.
00:13:47
As a result of that goal, our strategy and what we've done so far is our staffing levels have been increased to ensure that we have the ability to respond rapidly to any situation that might occur in Albemarle County that jeopardizes the safety of our residents and anyone that may be visiting or traveling through Albemarle County.
00:14:10
Our officers have been advised that they'll be working 12 hour shifts throughout this deployment process.
00:14:22
Our officers have been given additional field force training, civil unrest training, and they've also been given additional constitutional law training as well.
00:14:35
We continue to participate in our regional and local law enforcement EOC meetings to ensure that information is being shared back and forth from Albemarle County into the city of Charlottesville with UVA and the state police as well.
Wes Bellamy
Member, City Council
00:14:54
I have a couple of questions.
00:14:57
I think we have a question.
00:15:01
OK, so a couple of questions.
00:15:04
that come to mind initially.
00:15:05
I've just got a response from, there's someone here.
00:15:08
So there's some concern about metal detectors and folks that may potentially be inebriated or people who just may be triggered by a variety of different things.
00:15:19
We know we saw last year there was a great deal of public sentiment about them there being fighting, law enforcement not interjecting and stopping the fighting.
00:15:29
So will it be possible for you all to speak to that?
00:15:32
Kind of what will our role be?
00:15:33
I would hope it's not one that's extremely heavy handed, but we're making sure that everyone is safe, but I'd love for you all to explain.
SPEAKER_07
00:15:48
I'll just make a few comments and then we'll get to that generally.
00:15:53
The Virginia State Police, I am Captain Craig Warsh, I'm with the Virginia State Police.
00:15:59
And I would just like to say that the Virginia State Police is humbled to be a part of this community engagement process.
00:16:06
Thank you for having us here.
00:16:09
The Virginia State Police has been an active participant in the ongoing incident command meetings, planning and preparations, and training as well relative to the upcoming August 10th through 12th weekend.
00:16:22
We will be present in Charlottesville in order to support local and regional law enforcement during the weekend mentioned.
00:16:30
We are fully committed to providing the necessary resources to fulfill the Unified Operations Plan expectations and public safety needs.
00:16:40
Again, we are part of the Unified Command concept and happy to do that.
00:16:47
We are taking care in our planning to ensure that we have the correct staffing and those in key locations as identified in our planning sessions.
00:16:58
With respect to your question, Dr. Bellamy, the use of metal detectors, I'm not prepared to answer that question, but I will tell you that throughout our planning and our concept for that plan, we do plan to have an integrated, unified
00:17:22
proactive type approach to policing this event.
00:17:26
So the police, all law enforcement officers, the Charlottesville police officers, the Virginia State Troopers, they're going to have a combined approach and they will be actively engaging those that are participating and taking all the necessary precautions they can to
00:17:46
keep the two groups opposing parties separated and in the event that there is some sort of violent action the officers down to the lowest level understand that they can take action and make arrests and we plan to do that in a very unified sort of way and as the major said we've had ongoing training we're going to continue to train
00:18:14
We're going to bring officers and troopers together earlier in this process just prior to that week of to make sure that they're fully engaged and they understand all the concepts and to provide additional training to include those legal updates to make sure that they understand what laws are enforceable and how we expect them to conduct themselves.
00:18:38
Thank you.
SPEAKER_26
00:18:45
Good evening.
00:18:46
My name is Gloria Graham.
00:18:47
I'm the Associate Vice President for Safety and Security at the University of Virginia.
00:18:51
And aside from reiterating everything that my colleagues have said, I thought that I would dig in just a little bit deeper on two things.
00:18:59
One is our commitment to being good partners and being good neighbors of the city of Charlottesville throughout these days and really every day.
00:19:07
And we have been heavily engaged in all of the planning that's gone on with these events.
00:19:14
and continue to be committed fully with the planning that goes on moving forward.
00:19:20
A couple of things that we've done that are very tangible is that, as you probably know, in 1994 there was a memorandum of understanding that was reached between the city and the county and the university to have a joint regional emergency operations center.
00:19:35
And Allison is going to speak more to that operation here in a moment, but I will just touch on the facility itself.
00:19:41
So since from August of last year to now we have put hundreds of thousands of dollars into that emergency operations center to make sure that it is equipped with the state of the art technology so that we can throughout the building communicate very rapidly and very quickly with colleagues in various rooms if you've ever been in that building so that we have the ability to video conference in so that we have the ability to quickly send out emergency messaging from that space
00:20:09
It's on a standalone network now, which it wasn't before.
00:20:12
It was on a shared network.
00:20:13
So we have done significant upgrades to that space to make it much more conducive to running a large-scale critical incident from that space.
00:20:22
When we talk about training, I know that some of the feedback that we've gotten from the community is that we continue to talk about training, but I think that
00:20:32
it is very emphatic and we have to talk about it because what we've done over the last year and specifically over the last six months is every officer I would argue almost every officer there may be an anomaly out there and knowing my luck that would be the one but I would argue that every single one of our officers at UVA and a large a large percentage I can't speak for my colleagues but I want to say that it's probably the same in their shops
00:20:59
we have all trained together.
00:21:01
So it's not that UVA officers are going through how do we manage a demonstration, how do we quickly manage a crowd, how do we quickly manage a crisis that's happening.
00:21:10
It's that we have formed these teams together.
00:21:13
And so it is significant and it is important that we talk about the training that we've done because it's different and because it's definitely contemporary standards and it's definitely what's best for the city of Charlottesville.
00:21:24
I will just again echo that we are committed to doing what we need to do to make sure that we get through these days.
00:21:29
and get through them and end up in a very good place and continue to be committed to rebuilding trust here in Charlottesville.
SPEAKER_00
00:21:44
Good evening.
00:21:45
I'm Allison Feroli.
00:21:46
I am the Emergency Management Coordinator for the City of Charlottesville UB in Albemarle County.
00:21:50
And throughout the last year when I have been working very much with the city and the county and university partners here as the Emergency Management Coordinator to one, bring on lots of different training
00:22:02
together so that we can improve our Emergency Operations Center or our EOC effectiveness.
00:22:09
As the Emergency Management Coordinator for the City of the County and the University, it is my job to be the EOC Manager during any incident.
00:22:17
And so with that role, we've brought on multiple rounds of training to help ensure that everyone knows what their roles and responsibilities are in the EOC.
00:22:26
and to also making sure that again the facility working with UVA and understanding the upgrades that the facility has made so that we can be able to perform that duty as an active EOC more efficiently.
00:22:40
In addition to that, working very closely to make sure that we have a strong staffed EOC over the weekend of August 10th through the 12th.
00:22:50
and we've also been coordinating regional meetings to make sure that all partners are on the same level of what those planning processes are and that's something that's been coordinated through my office to make sure that everyone's on the same page as what initiatives have been brought on by each jurisdiction to work together to make sure that we have a solid response for this weekend.
SPEAKER_09
00:23:18
Good evening, Mayor Walker, Members of Council.
00:23:21
Just reiterate what my colleagues have said, and I just want to take us back to February, which is when we first met with the Virginia Department of Emergency Management incident management team representatives, understanding the scope and the scale of what we were planning for.
00:23:36
We knew we wanted to tap into their expertise, planning for large and complex events early in the process.
00:23:42
So we've been meeting biweekly with our regional partners since March, and our operational concept
00:23:48
is really quite simple.
00:23:50
We are planning for worst case scenarios.
00:23:52
I don't say that to frighten people.
00:23:54
I say that to make sure that our community understands that that's our job.
00:23:59
That's what we do every day and what we're planning for this summer is really an extension of what we do every day.
00:24:05
It is a reality now in our community and across much of the country that civil disturbance is something that a community needs to be prepared for.
00:24:13
in the public safety world and otherwise.
00:24:16
Our goal for Monday, August the 13th, and I said this the other night at Mount Zion, is for someone to tell me on Monday morning the 13th that you guys were too prepared.
00:24:26
I'll be happy with that and I think I speak for all my colleagues and they would probably agree with me.
00:24:32
As has been mentioned, we will be operating under a single incident action plan, or IAP, utilizing unified command structure, which is a principle that's
00:24:42
has a foundation in the National Incident Management System and the Incident Command System.
00:24:49
A question was asked the other night about who is ultimately responsible and the reality is that ultimately the City Manager is ultimately responsible for public safety in the City of Charlottesville.
00:25:00
And I'm responsible for the Fire Department and Chief Brackney is responsible for the Police Department.
00:25:05
We've talked a lot about regional coordination.
00:25:07
One of the practical reasons that that's so important is that we recognize that a lot of the resources that we're going to have here in the city may be needed on grounds at the university and or in Albemarle County.
00:25:19
We want to make sure that we can respond as a region very, very effectively.
00:25:25
Our community can expect to see significant mutual aid resources here that weekend.
00:25:30
In addition to law enforcement,
00:25:32
Fire Resources, Emergency Medical Services Resources, Hazardous Materials Teams, additional fire marshals from the state.
00:25:40
One other coordination item that hasn't been mentioned yet is making sure that we're coordinated with the UVA Health System, with Sentara Martha Jefferson, and with the Thomas Jefferson Health District.
00:25:51
Our goal is to cover any anniversary related events here in the city, maintain our ability to provide service to the rest of the city, and be able to respond regionally if necessary.
00:26:03
So thank you again for your time this evening.
SPEAKER_41
00:26:05
Thank you.
SPEAKER_09
00:26:06
Chief Warner, I have another quick question for you.
Wes Bellamy
Member, City Council
00:26:09
In regards to the support that we'll have for the community on the ground in terms of those who may need some mental health assistance or anything like that or
00:26:21
Overheat, anything like that, where will that be?
SPEAKER_09
00:26:26
The Community Mental Health Coalition has done a lot of tremendous work.
00:26:30
Some of those resources are available on the Charlottesville website right now and we'll be pushing out additional information about where people can go, not only to seek help
00:26:40
on the back end of a bad day but also what they can do, the actions that they can take to help build up their resilience ahead of something so that it doesn't impact them to the degree that it might otherwise.
Wes Bellamy
Member, City Council
00:26:51
I know we've had different community meetings and whatnot and some were well attended, some weren't and then there's also a lot of people who don't have access to the internet or they don't even know where the websites are.
00:27:01
Do we have a plan of sorts for us to get maybe handouts into the communities, maybe work with CRHA or some of our other organizations in the community
SPEAKER_09
00:27:10
get the word out?
00:27:11
Yes, sir.
00:27:12
So we do have a plan to meet with all of the neighborhood association presidents with the business community, some of our other some of our at risk communities as well.
00:27:20
And we can definitely push out information in multiple formats through those vehicles.
00:27:27
Thank you.
SPEAKER_09
00:27:28
Yes.
Heather Hill
Vice Mayor, City Council
00:27:33
And I was at both meetings last week, but I have expressed it more than one of you.
00:27:36
I do think, kind of building off Dr. Bellamy's point, that it's important that we do identify a liaison for some of these neighborhoods, namely our public housing residents and some of our other vulnerable populations, so that they have a point.
00:27:49
I think it's important to be thoughtful around that and providing them with that contact point.
RaShall Brackney
Chief of Police
00:28:09
You're absolutely correct.
00:28:10
As a matter of fact, we've identified
00:28:12
groups that we also believe are additionally vulnerable populations that could be targeted.
00:28:16
And we're working with Charlene Green around those to make sure that there weren't even groups that we missed.
00:28:23
Because you tend to look at some groups because they're more obvious and they're out there all the time.
00:28:27
But where are those populations that feel vulnerable and are typically targeted by those persons who would come in here with extreme views?
00:28:36
Yes, and in addition to that, you're exactly right.
00:28:39
We are pushing that flyers go out, pamphlets go out, that we identify a liaison officer within CPD who has relationships with each of those different populations so that they can have those conversations, those one-on-ones, and ask questions.
00:28:54
We're pushing for as many avenues of access and communication that we can because not everyone has internet, is comfortable with the internet, or even is comfortable having conversations through text.
00:29:04
They want to have that in person and something in their hand that they can hold on to, absolutely.
Nikuyah Walker
Mayor, City Council
00:29:09
And have you identified which officer?
RaShall Brackney
Chief of Police
00:29:13
It depends on what communities.
00:29:15
There are officers, and they just gave me his name today, who's really popular in the mall.
00:29:22
And he walks the mall almost daily.
00:29:26
So he has that ability to do that.
00:29:28
Lieutenant Mooney is coordinating with Captain Mitchell
00:29:32
as that lead liaison for reaching out since Captain Mitchell's in charge of operations, which means they are in every aspect of the community.
00:29:40
So yes, there are direct contacts at a higher level, but also all the way down for two-foot patrols.
00:29:47
And if there's anyone who has a relationship that they would prefer to have with a particular officer, because not everyone
00:29:52
wants to engage, get those to us by whatever means.
00:29:56
As I said at the last community meeting, by a person you trust to get that information to us and we will make sure you have the right person, have the right contact with so that there's no barrier to communicating with us.
Wes Bellamy
Member, City Council
00:30:07
Chief, have you all had the opportunity to have any meetings or work with, I see Mr. Foley here,
00:30:13
and like the Legal Aid Justice Center or working with some of our other active groups like maybe our local Black Lives Matter or SURGE or DSA or APOC, whomever.
00:30:25
I mean just seeing, getting their input in regards to what it is that they would like to see or maybe disseminate information with them, coalition building, I'm not sure, I'm just
RaShall Brackney
Chief of Police
00:30:34
Right.
00:30:35
So I've not met personally with them, but have spoken with a person who would have the ability to help me make entree into that community.
00:30:42
If they want to have that conversation with me, I am more than willing and more than open to have the private conversations.
00:30:48
But it also has to come from a person that they trust doing that introduction.
00:30:52
So me just showing up at the door tends not to be as well received.
00:30:56
But I've already spoken to a person who has that community trust to see how we can foster a healthy avenue of communication.
Wes Bellamy
Member, City Council
00:31:05
Thank you.
00:31:05
You're welcome.
Kathy Galvin
Member, City Council
00:31:08
Thanks.
00:31:08
Mayor Walker, may I say something?
00:31:11
So thank you, everybody, this entire team, because I think, and Councilor Bellamy and Assistant Manager Murphy and everyone else here,
00:31:24
will recall that we did not have this display of unity before July 8, which was when the Klan came as well as August 12.
00:31:34
So this alone is extremely reassuring.
00:31:36
There's already a detailed plan of operations.
00:31:40
And the fact that you are you're clearly communicating with each other, you know about each other's departments and operations is obvious.
00:31:48
So I just want to say that that alone is a is a good indicator to me that you are
00:31:54
You're actually doing what you say you're doing and it was not this case.
00:31:59
It was not the way it happened last year.
00:32:02
So thank you very much.
Heather Hill
Vice Mayor, City Council
00:32:06
And I just want to echo that with thanking Mr. Wheeler for the leadership he's taken in the communications piece because a year ago I wasn't in this seat but I was a neighborhood leader in the area and felt like we've got very little responsiveness from the city and I just think this has been in stark contrast.
00:32:20
So the way that you've coordinated these different community meetings and stakeholder meetings as well as the continued communication, I welcome everyone to go to the website and sign up and you can continue to get more and more information as you want leading up to the event.
00:32:32
So just thank you to you and your team.
Nikuyah Walker
Mayor, City Council
00:32:35
And Chief Brackney, Mr. Foley would like to give you a card.
Wes Bellamy
Member, City Council
00:32:39
I just texted both of you.
00:32:41
You're good.
SPEAKER_41
00:32:43
I can say my calendar is packed, as everyone can.
RaShall Brackney
Chief of Police
00:32:58
But thank you.
00:33:00
I have a card.
00:33:01
Perfect.
SPEAKER_41
00:33:02
We're good.
SPEAKER_10
00:33:06
Excuse me, wait a second.
SPEAKER_41
00:33:15
Wait, excuse me.
Mike Murphy
Assistant City Manager
00:33:19
It was the intent of this briefing that this be an opportunity for the council.
00:33:24
There are a number of public meetings and we intend to continue to meet with the public regularly.
Nikuyah Walker
Mayor, City Council
00:33:55
All right, so we'll start with public comment, community matters.
00:34:00
The first person on the list is Heather Walker.
COMMUNITY MATTERS
SPEAKER_41
00:34:08
Good evening.
SPEAKER_43
00:34:09
Good evening.
00:34:11
My name is Heather Walker.
00:34:12
I live at 603 Shamrock Road.
00:34:15
I am here to talk about the election process that has been going on in the city of Charlottesville in the past.
00:34:23
The City Council first raised the idea of creating a Charlottesville Elections Study Task Force in April of 2004.
00:34:32
that was 14 years ago, to address public concerns about citizens feeling unrepresentative by the current system.
00:34:40
In this report, we outline primary concerns articulated by the citizens at the public hearings, as well as those identified by the members of the task force and City Council.
00:34:51
We also discuss possible solutions.
00:34:54
And that's what I'm here today is to review with you those solutions that we came up with 14 years ago and that are still
00:35:02
causing great concerns in different parts of the city.
00:35:31
I'm just going to hit the highlights.
00:35:34
The task force was charged by the city council as follows.
00:35:38
One, to explore the concept of directly electing the mayor.
00:35:42
Two, to explore the concept of restructuring the council election by wards or a combination of wards and at large.
00:35:51
Three, explore the concept of enlarging the number of city council members.
00:35:56
And four, explore other best practices related to the representation of citizens, including but not limited to remuneration and term limitation.
00:36:08
As you can see on page three, the task force was a very diverse collection of people.
00:36:16
You had
00:36:16
a member of the Democratic Party, the Republican Party, the NAACP, Chamber of Commerce, the Quality Community Council, and one representative of each of the four wards.
00:36:32
We asked the reader to use this information to move beyond identifying problems to generating and advocating solutions.
00:36:44
And why?
00:36:46
Are we doing this?
00:36:47
This was city council speaking to the task forces.
00:36:51
Why is this task force created and why are we doing it?
00:36:55
City government is not responsive to the needs and inquiries of its citizens.
00:37:02
City, the Charlottesville, I'm sorry, all of the city councilors come from one part of the city.
00:37:09
City government, a poor job communicating with the citizens.
00:37:13
City participation, whoa,
00:37:15
All right, well you've got it all and you've got all of the reasons why we think that it needs to be addressed, the solutions that we mentioned 14 years ago, a larger city council, a directly elected mayor, a mixture of both at large and board representation of the city council.
00:37:36
Thank you.
Wes Bellamy
Member, City Council
00:37:37
Thank you.
00:37:37
Questions?
00:37:37
May I respond for a quick second, since we have two minutes within, I lost.
00:37:43
You all came up with in 2004, first thank you for your work, but 2004 the results were one, award system, direct met.
SPEAKER_43
00:37:51
No, they were, I wouldn't call them results, they were the suggestions that came up.
00:37:55
We had several public meetings, and these were the things that came up from the public and the task force.
Wes Bellamy
Member, City Council
00:38:01
And what were they again?
00:38:02
I was reading them.
SPEAKER_43
00:38:03
That's okay.
00:38:04
They were, if you want,
00:38:07
It was to keep the current system or continue all the counselors were coming from one part of the city so we looked at the ward system which would
00:38:19
at that time reflect the school board because they were appointed by wards and have three at-large members, seven members of city council.
Wes Bellamy
Member, City Council
00:38:27
I saw on here, it's talking about the low amount of African-American representation, not only at the meetings, but also on the council.
00:38:36
But then as we all know now, this doesn't mean that it's fixed, but first I remember we've had two black people on the city council.
00:38:43
It seemed as if we come from different parts of the city.
00:38:45
In 2004, I was in the 11th grade.
00:38:48
So I mean, I appreciate the work.
00:38:51
It seems like we've made some strides since then, but we still need that.
00:38:54
I mean, one of the reasons why I wanted this on the agenda is we hear very often from a lot of people about they want to be able to elect their own mayor.
00:39:04
So thank you for your work.
SPEAKER_43
00:39:06
And that's one of it.
00:39:07
And when I was going through this, Madam Mayor did, I mean, she's an independent.
00:39:12
And one of the big concerns was that the Democratic Party had a lock.
00:39:16
and one of the suggestions was a non-partisan election, much like the city school board.
SPEAKER_41
00:39:24
Thank you.
SPEAKER_28
00:39:46
My name is Sharon Britt.
00:39:49
I'm the administrator at Mountainside Senior Living in downtown Crozet.
00:39:53
I'm here to give you an update on the memory care unit at Mountainside that we had asked for some funding for, for the renovations to provide memory care.
00:40:03
Let me begin with a summary of the resident population in Mountainside.
00:40:07
13% of the residents are from Charlottesville.
00:40:10
23% of our what we call AG residents are from Charlottesville.
00:40:17
AG residents are defined as receiving money from Medicaid for housing.
00:40:22
And the AG rate for the state of Virginia is one third of the monies needed to care for the residents.
00:40:31
Mountainside is the largest provider of AG beds west of Richmond with an average daily census of 32 beds going to AG clients.
00:40:40
The memory care unit that we just opened in February is known as the Blue Ridge neighborhood.
00:40:46
It's on the third floor of the building.
00:40:49
Currently there are 14 residents, the capacity for that unit is 20.
00:40:55
And the pricing for memory care is at 80% of the market rate, so it's 80%.
00:41:00
Prior to coming to Mountainside, these residents were school teachers, a retired diplomat's wife, farmers, a school cafeteria worker, a nurse, a carpenter.
00:41:14
What we're seeing at Mountainside is, Mountainside used to have a lot of indigent people and what we're seeing now is a very big swing in middle class members who cannot afford the regular assisted livings that are in the Charlottesville area.
00:41:30
These were members of the Charlottesville community who had raised families and participated in the activities of the community.
00:41:38
I want to talk about Mr. M for a few minutes.
00:41:40
Mr. M was a wonderful person, was very well known in this community.
00:41:45
He has a large family, lives on a big farm with his wife of 60 years.
00:41:49
When he became more and more forgetful, his family took him to the doctor for testing.
00:41:54
He was found to have a type of dementia and for a while he did well at home.
00:41:59
As time went on, he became more and more aggressive towards his family.
00:42:02
He began to wander away from the house, and his family was fearful that he would get lost in the woods.
00:42:08
When his disease had progressed to the point where he was striking out at his wife, his family knew in their hearts that he had to be with the people who knew how to care for him.
00:42:17
It was just getting to be too much.
00:42:20
He slept very little, couldn't understand family members when they tried to communicate with him.
00:42:25
They brought him to Mountainside.
00:42:26
He's become a member of the Blue Ridge community.
00:42:29
He has activities that help keep his reign working as well as it can and caring people to look after him.
00:42:36
Using the techniques we have taught the staff, we have been able to use diversion versus medications to control his outburst.
00:42:44
He has settled in well and become very comfortable in his new setting.
00:42:48
It's gifts like the one we hope you will consider giving to us that help us deliver quality care to members of our community.
00:42:54
Thank you.
Nikuyah Walker
Mayor, City Council
00:42:55
What's the dollar amount for the one-third that you said Medicaid?
SPEAKER_28
00:42:59
We received $1,351 per month for each AG client.
SPEAKER_41
00:43:08
Thank you.
00:43:09
Thank you.
Nikuyah Walker
Mayor, City Council
00:43:15
David, will you pass?
SPEAKER_41
00:43:24
Hello.
SPEAKER_46
00:43:25
Hello.
00:43:27
Hello to all people I know here, and nice to meet you.
00:43:35
I have come here tonight to bring democracy to Charlottesville, or hope to at least start the process.
00:43:49
When I retired after teaching American democracy for 35 years,
00:43:56
I moved to Charlottesville.
00:43:58
Imagine my dismay when I found that Charlottesville did not have a democratic government.
00:44:06
As we all know, government by the people requires the people to vote for their government.
00:44:14
And the government includes a chief executive and a legislator.
00:44:21
We have here in Charlottesville an all-powerful, non-elected chief executive.
00:44:28
He is insulated from the public and need not to respond to the public and not be responsive.
00:44:38
I know many instances where citizen task forces and ordinary citizens have been met with indifference and inaction by the city manager.
00:44:50
Furthermore,
00:44:51
It is some, if something goes wrong, the public, who is the public going to blame?
00:45:05
The current mayor has no power and cannot be held responsible.
00:45:10
But they are, as Mr. Signer knows.
00:45:18
Appointments to top positions are made by the city manager alone without advice and consent from the council.
00:45:27
Most organizations have candidates that had the top positions are vetted by a number of people, not just one.
00:45:36
Another thing is that when the council approves a building plan, they have no power to oversight to see that the plan is carried out.
00:45:45
An example is the lofts, the lovely lofts on West Main.
00:45:50
It's turned out differently than the plan the council approved.
00:45:54
A full-time mayor could have kept track of that.
00:45:59
I could go on, but I just want to emphasize that we should have a mayor-council system.
00:46:09
Designing it would
00:46:14
be very complex and difficult and take time.
00:46:18
I have many ideas about how it could be done.
00:46:21
By the way, I served on that task force that was talked about earlier.
00:46:26
I would be happy to serve in any task force that is set up.
00:46:33
The question is, are the people of Charlottesville willing to make the effort to establish democracy here in Thomas Jefferson's hometown?
Nikuyah Walker
Mayor, City Council
00:46:51
Thank you, sir.
00:46:53
Kathy Butler.
SPEAKER_25
00:47:02
Mayor, council, hi.
00:47:04
Thanks for.
Wes Bellamy
Member, City Council
00:47:04
Hello.
SPEAKER_25
00:47:05
letting me come up here.
00:47:07
I live with my 11-year-old at 1004 Druid Avenue, and I wanted to thank you for the quick action you all took to pass the blasting ordinance.
00:47:18
It's really a huge relief to me, and I'm hoping that you will waive the second reading of the amendments that are coming to you tonight.
00:47:30
Thank you.
00:47:31
And I defer the rest of my time to my neighbor, James Kelly,
SPEAKER_08
00:47:38
Thank you, Kathy.
SPEAKER_06
00:47:39
My name is James Kelly.
00:47:40
Good evening.
00:47:42
Members of City Council, Mayor Walker.
00:47:44
I've spoken with you before, so there's no need to go through the credentials and qualifications for the things that my special interest group in Belmont have put forward over the past week.
00:47:57
Recently,
00:47:58
You passed an ordinance against the blasting or to help control the blasting in our community, but also in a bigger picture, the city of Charlottesville.
00:48:07
So addressing it as such, not necessarily just Belmont itself, which, of course, we all have a great interest in in the special interest group that I have, and I think the mayor as well.
00:48:17
But addressing it as a city ordinance for a moment, we want to express our appreciation for the great amount of work that has gone into
00:48:24
passing that ordinance, a great amount of work that Ms. Robertson and her team have put together to put that process in order and to get it in front of you so you could pass it.
00:48:33
We very much appreciate that.
00:48:36
In front of you now are some amendments.
00:48:38
Over the past few weeks, our group has put together some suggestions and recommendations that are now in front of you as part of an amendment to that initial ordinance.
00:48:50
We would like to encourage you to pass that as big a step as the first ordinance was in protecting the city against the blasting and the damage that might result from blasting by contractors who are less concerned than the residents are.
00:49:08
Passing the amendment in one setting without the need to read it a second time would go a great deal further in further protecting the community and the city and the residents
00:49:19
who have no voice against developers and contractors.
00:49:25
The only voice they have is through you.
00:49:27
So as a member of the city, a member of Belmont, we would very much appreciate your passing those amendments at this point.
00:49:36
Thank you.
SPEAKER_41
00:49:36
Thank you.
SPEAKER_23
00:49:53
Thank you, Mayor Walker, City Council.
00:49:56
I'm here tonight to appeal to your roles as stewards of the health of this city.
00:50:02
I'm really grateful for Ms. Galvin for showing up time and again at our neighborhood meetings and helping us to connect the dots to this ever increasingly complex and possibly disastrous evolution of Charlottesville.
00:50:16
My concerns about the health of this community are threefold.
00:50:20
The Belmont neighborhood has been under incredible stress and pressure to keep visual at the eroding safety and diversity of our streets.
00:50:29
And we are told that we are powerless to stop Mr. Capshaw's Riverbend suburban complex, which your traffic engineers said would bring 948 car trips per day in front of Moss and the Belmont market.
00:50:43
948 car trips per day.
00:50:46
So the second concern is the council's approval of the first reading of the highway corridor which in your words is intense commercial development.
00:50:56
And to justify that the increase of fast food restaurants is a way to increase food accessibility to seniors.
00:51:04
I feel as a real disregard to our elders and also to say that increased fast food increases food accessibility to low income.
00:51:14
I just find that really insulting.
00:51:16
I have a medical practice that is half low income and they are working tirelessly to avoid the sugar-laden french fries, the rancid oils, and the hormone-drenched meat.
00:51:28
So I think when we bring these restaurants, if you call them restaurants and make it more accessible, it's just really confusing.
00:51:37
So I can't imagine that the pressures that you all must be under to make such decisions.
00:51:43
To abandon a community vision that calls for affordable housing within the context of mixed income and healthy neighborhoods like you had that, or you still have, maybe you'll be able to stop the
00:51:58
Passage of this highway corridor, but you know you spend all that time bringing up a great vision of a seminal the hydraulic road project and then you know you don't follow through with that and so you were voted or we're looking at democracy and maybe not but people really trust you and trust your vision so I'd really ask that going forward we really think about the health of
00:52:23
and that you all have an incredibly powerful position to steward that health and to make the stress a lot less with cars and pollution as well as just the nutrients that we're all enjoying.
SPEAKER_41
00:52:38
Okay, thank you.
SPEAKER_21
00:52:51
Good evening, Madam Mayor, Council and staff.
00:52:54
I'm Kay Slaughter, 1503 Short 18th Street, a Charlottesville resident.
00:52:59
Tonight, you will hear a report on changing Charlottesville's government from appointed city manager to elected mayor as the chief executive officer, which would be a major shift for our town.
00:53:12
Several points should be considered in addition to those raised by Ms. Walker and Mr. Resfis.
00:53:18
Instead of people running for office as part of their civic responsibility, a mayor CEO would be devoting his or her professional life to the position of a mayor.
00:53:29
In essence, a professional politician.
00:53:32
Not necessarily a bad thing, but entailing a different set of skills than the variety we now see in counselors making policy.
00:53:41
As former counselor
00:53:43
Dee Dee Smith has pointed out, Charlottesville, much smaller than other cities with mayor CEOs, may not have a pool of qualified and interested persons with a broad scope of managerial, financial planning, and human resource skills of professional city managers.
00:54:04
As Richmond, the only Virginia city with a mayor CEO is found, there may be difficulty in recruiting and retaining
00:54:11
professional staff in a politicized system.
00:54:15
Electing a mayor as a chief executive officer would likely increase the cost of running for office.
00:54:22
For council, the cost has skyrocketed since the late 80s, early 90s, when $7,000 was enough to publicize a three-person slate.
00:54:33
Last fall, the Democratic candidates each spent over $40,000 each.
00:54:38
and the winning independent candidate, $26,000.
00:54:41
Do we want big money spent on local mayoral races?
00:54:49
The call for mayor, CEO, seems like an overreaction to conflicts that occurred between the past mayor, current council and the most recent city manager.
00:55:00
Council could further educate by commissioning the Weldon Cooper Center to report on potential
00:55:06
positive and negative aspects of various forms of government, and meeting with the three former Charlottesville city managers who still live in town, Cole Hendricks, Gary O'Connell, and Bern Ewart, who was also a city manager of Roanoke.
00:55:24
Some have also spoken about a ward system whereby councilors would be elected representing specific geographic
00:55:32
districts as Ms. Walker explained earlier.
00:55:36
But with or without a ward system, the mayor could be elected at large while keeping her duties as they are now, similar to the Norfolk and Alexandria models of elected mayors.
00:55:48
If you, however, decide to pursue a mayor CEO, a charter change should not be based on a single public hearing.
00:55:56
City residents should have the chance to vote yay or nay after full and vigorous public debate.
Wes Bellamy
Member, City Council
00:56:04
Thank you.
Nikuyah Walker
Mayor, City Council
00:56:12
I do have a couple of comments.
00:56:19
about the, you brought up the point of the cost of the last election and we know that that was the most money spent, but that was the Democratic Party attempt to win the election to beat me, right?
00:56:36
So that we need to talk about like that in terms of who has maintained control over the election.
00:56:45
The conversations that I'm hearing around this and I haven't even really provided much input into this conversation because I had a Facebook live last night where I asked people to go and look at the picture.
00:56:57
of former mayors of Charlottesville, Virginia.
00:57:01
So while I look very different from who has been mayor before, now opening up this conversation, I don't think would change who would normally be sitting in the seat.
00:57:16
So we have to change a lot of things in Charlottesville outside of just having this conversation to talk about what kind of community we really want because I don't really think whether we have a strong mayor or a city manager that if we don't change how we do business that it's going to change the outcome.
00:57:34
of the politics and the policies and how they affect citizens in Charlottesville.
00:57:42
So there is always, for the last few elections, and I'm sure even $7,000 at the time that you were talking about was big money, and so people have been paying
00:57:53
to make sure that the people that they wanted in positions of power were in those positions of power.
00:57:59
And I have been in my six months being, I did receive 26,000, a little bit over that in donations, and won large donations, but it is very clear from my votes that no one purchased me.
00:58:17
And so I just wanna make those,
00:58:20
comments very clear that none of my donations came through individuals, me making any promises to anyone other than to show up authentically as who I am and vote the way that I see fit based on the information.
00:58:38
So I just, from the conversations that I'm hearing, I just want to make those
00:58:44
comments because I think either system we have major problems with the representation of voters and even getting voters out in Charlottesville to participate in the process and believe in it.
00:58:57
I was able to do that, but that is not generally what happens in Charlottesville to get a very diverse group of people out.
00:59:04
And I was in every segment of the city from Park Street to Friendship Court.
00:59:09
Hardy Drive to Rugby.
00:59:11
And so a lot of people knocking on doors and making sure my focus was primarily low-income neighborhoods to let them know why I was willing to take this time out of my life.
00:59:27
And so when you all think about policies, changes like this,
00:59:31
you need to make sure that in any way you're not being bamboozled to believe that it's a change that would be beneficial.
00:59:48
So I just think we have major issues either way and it takes some deeper level conversations than we're having and just changing the system to fix it.
SPEAKER_41
01:00:01
Good afternoon, I'm the organizer for Legal Aid and I represent the People Coalition and I'm giving my time to Jim Shea.
Wes Bellamy
Member, City Council
01:00:32
Mr. Shea.
SPEAKER_16
01:00:34
Good evening.
Wes Bellamy
Member, City Council
01:00:35
Good evening.
SPEAKER_16
01:00:36
Jim Shea, city resident.
01:00:38
If you all wondered whether you had done the right thing when you created the Civilian Review Board and appointed to it a group of citizens whose backgrounds blend so well into a formidable force for reform, listen to the clamor arising from groups like the Southern States Police Benevolence Association
01:01:02
who are asking you to limit the scope of the board and particularly to keep the board from interfering in the internal operations of the police department.
01:01:15
Well, if you have any doubt as to where these folks stand on questions of ethics and law enforcement, just consider who they have chosen to carry their banner into the public arena.
01:01:31
none other than former Albemarle County Commonwealth Attorney, Lise Lunsford, whose flagrant abuse of her office prosecutorial power got the voters to turn her out of office.
01:01:47
Well, here she shows up in Charlottesville as the champion of those elements of the police who are determined to maintain the status quo.
01:01:55
What that means is virtually no police accountability to the public
01:02:00
and absolutely no public reforms of the police department.
01:02:06
What they really want is no scrutiny at all.
01:02:10
Now, our local history teaches us that as the controversy on these issues heats up, some of these people are gonna be stooping lower and lower to look for weapons to defeat the board.
01:02:23
This will include harassment,
01:02:27
intimidation, threats and maybe worse of individual board members, maybe their families.
01:02:34
And they will of course target the people they think are the most likely to be vulnerable to these tactics.
01:02:43
Shame on us if we let them get away with this.
01:02:48
We mustn't ever lose sight of the fact that those who oppose
01:02:55
Accountability and Reform in these matters are shielding misconduct by the police department.
01:03:04
They're protecting racist cops who day after day, week after week, year after year, intimidate, harass, disrespect, physically assault members of the black community of Charlottesville, causing not only pain to those people,
01:03:24
but to their families and to their communities.
01:03:30
Now these thugs are dug in and their mouth pieced with them for a tooth and nail fight against reform.
01:03:39
We have to be absolutely sure that the Civilian Review Board is ready and equipped to meet this challenge with both hands.
01:03:53
Thank you.
01:03:56
David Katz.
SPEAKER_34
01:04:16
Good evening.
01:04:16
My name is David Katz.
01:04:18
I live at 1012 B. Druid Avenue here in the city of Charlottesville.
01:04:24
I'm here to talk about the blasting ordinance and the amendments that are on the consent agenda for this evening.
01:04:30
Thank you to the City Council and the Mayor for passing the blasting ordinance at the July 2nd meeting and waiving the second reading at that time so that the health and welfare of the citizens of the entire city of Charlottesville could be protected.
01:04:47
I support the proposed amendments that are on the consent agenda
01:04:53
and I urge you to pass them tonight again waving the second reading so that the amendments can be put into effect as quickly as possible, again to protect the health, welfare and safety of all the citizens of Charlottesville.
01:05:11
As a reminder, the issue first came up in regard to the Belmont neighborhood, but the ordinance covers the entire city of Charlottesville.
01:05:23
Blasting could occur anywhere such as in Locust Grove with the sewer and water line.
01:05:34
There's extensive rock throughout the entire city of Charlottesville.
01:05:40
So this ordinance just does not affect only the Belmont neighborhood but the entire city.
01:05:49
And I urge you strongly
01:05:54
to pass the proposed amendments that are on the consent agenda and waive the second reading of the amendment.
01:06:04
Thank you very much.
SPEAKER_41
01:06:05
Thank you.
SPEAKER_12
01:06:20
Mayor Walker, Council, my name is Lewis Schultz.
01:06:22
I live at 1809 East Market Street.
01:06:25
I'm concerned both that this Council still hasn't learned from past mistakes and that it still considers itself to be above the law, some of its members at least.
01:06:33
At the December 18th, 2017 City Council meeting, a proposed meeting schedule for this year was presented to Council by City Manager Maurice Jones.
01:06:40
It falsely claimed that the law allows Council to establish a meeting schedule for the upcoming year by passing a resolution.
01:06:46
Since January of 2015, that same lie had been told and each time a slightly different version of the fictitious law was cited.
01:06:53
For three years it was said that it could happen in January.
01:06:56
Last year, the nonexistent law magically changed to allow a vote in December by the outgoing council to establish a schedule for this year.
01:07:03
The reason for that resolution was to slip in a vacation break for council in early August when the law doesn't allow one.
01:07:10
The reality is that section 35 of the city's charter, an act of the general assembly which council has no authority to change and cannot legally disobey, says very clearly that the council shall fix by ordinance the time for holding their stated meetings.
01:07:23
Council has done that and the ordinance in question is section 241 of city code which says, and I will quote in its entirety,
01:07:30
The City Council shall hold its regular meetings at the Council Chamber of the City Hall or at such other place in the City as may be designated by the Mayor or the Council beginning at 6.30 p.m. on the first and third Mondays of each month, unless such day is a legal holiday in which event such meeting shall be held on the day following.
01:07:51
I want to remind everyone that this Council on March 5, 2018 passed an ordinance to establish that schedule.
01:07:57
that came after discussions at three public meetings and two public hearings.
01:08:01
Since that ordinance was already the law back in December, with the only difference being a slightly different start time, the resolution voted on had no legal effect since council can't amend an ordinance with a resolution, which the city manager, every councilor and the city attorney damn well ought to know.
01:08:15
Even if that resolution had been legal and it wasn't, this council overrode that resolution with its later vote on March 5th.
01:08:21
Council was free to amend the ordinance by adding an August break, but elected not to, rejecting the previous council's illegal decision and the idea behind it.
01:08:30
Monday, August 6th is the first Monday of that month and it's not a holiday.
01:08:34
By the law established with this council's own ordinance, it must meet on that day, but that seems to somehow have been forgotten.
01:08:40
The published meeting schedule omits that meeting and there are two items on tonight's agenda that refer to this as the last meeting before August 12th.
01:08:47
Considering the gravity of the situation leading up to the anniversary of last year's violent rally, the responsible thing for council to do, even if it could legally take vacation time, would be to forego that and focus on serving the city in its time of urgent need as you were elected to do.
01:09:02
The chief of police will have been on the job for less than a month on August 12th.
01:09:06
There will only be an acting city manager midway through his first month, and there are major decisions to be made by the courts that may need an immediate response from this body.
01:09:14
The law is clear and council is not above it.
01:09:17
Council has a meeting on August 6th and it's now time to council whatever playtime you think is more important than the safety of the city and be prepared to meet on that day.
Nikuyah Walker
Mayor, City Council
01:09:27
Karen Katz
SPEAKER_36
01:09:43
I thank you for this opportunity to speak with you again.
01:09:45
I want to thank each of you for your responsiveness to what seems like an otherworldly kind of a barrier and to applaud you really for your commitment to public service which seems like an anachronism in this era of self-service and
01:10:11
You responded to, I know that it just seems like a private developer, but in essence it's a very unequal power equation.
01:10:25
and 700 homes are presently asked to put their property, their person at risk so that seven lots and a little piece of road can be completed in a way that is, it's simply not necessary to have rows and rows of three story
01:10:55
single family homes in a community that so desperately needs affordable housing.
01:11:02
And it would be possible to take those lots and do other things with it, but when there is only a threat, a constant threat of blast, blast, blast, it's not even possible to have a dialogue.
01:11:16
And so I want to thank you again for the great job that you've done, and Ms. Robertson, your staff particularly,
01:11:26
and I applaud all of you for taking on this responsibility to work on our behalf and you have actually, you know, when we got off, we were not here on July 2nd, we got off the plane on July 9th, we saw a mural at the top of the escalator at the Charlottesville Albemarle Airport and it says, in pursuit of the greater good and I thought, wow,
01:11:56
That's really what we're here for.
01:11:58
And I think that you have demonstrated that you're here for that as well.
01:12:02
So thank you very much.
Wes Bellamy
Member, City Council
01:12:03
Thank you.
SPEAKER_41
01:12:08
Rosia Parker.
Rosia Parker
01:12:14
Good afternoon.
01:12:15
I ain't gonna talk too much.
01:12:17
One, I'm still gonna bring back, I'm gonna take it up with you,
01:12:21
Since this new building has come over the top of West Haven up on Main Street, I'm still concerned about the safety, why we still cannot get across that street.
01:12:33
And why can't we, you have a pedestrian walkway, but it's only a green sign that don't light up where people can actually see that.
01:12:41
And people still do not respect that.
01:12:42
And I'm still waiting for this gentleman to call me from what, a month and a half ago?
01:12:46
That I brought to Marvies and I've spoke with Wes and it still hasn't taken place.
01:12:51
and also I would like to know what's going on with this gray charger that is now in a police car that I've seen and it seemed like it didn't come out until after Phil's trial so that seems like that's triggering to a lot of us you know so I don't know if y'all can change that color or what y'all can do but it seems like
01:13:13
This car was refixed.
01:13:15
It might not be, but it looked like it had been refixed and now it got to police.
01:13:18
So that to me seemed like it was white supremacy over top of us again.
Nikuyah Walker
Mayor, City Council
01:13:22
And Mr. Wheeler.
Rosia Parker
01:13:25
I understand that we had this meeting and it's always been taking place with Reverend Edwards.
01:13:30
Reverend Edwards do not speak for the community because there are a lot of things that Mr. Edwards do not know because Mr. Edwards do not communicate with us and he's not in attendance with a lot of meetings with us activists.
01:13:41
We have trained and we have done a lot of things, so I feel that you need to speak with the real community.
01:13:47
and that means there's a lot more of us and not just him.
01:13:51
So I advise you to, the ones that have not seen it in media or on the TV, I feel that they need to be forewarned because it's only a few short weeks away.
01:14:00
And like I said, last year, our black communities was very much in trouble.
01:14:04
So I feel that you need to start talking out to a lot more of us and not Mr. Edwards.
Kathy Galvin
Member, City Council
01:14:14
Hey, hey.
01:14:14
I'm John Conover.
01:14:16
Mayor Walker, may I just say one thing?
01:14:19
Mr. Murphy, this is an urgent matter, and this is something that many of us have been raising, the crosswalks on West Main Street, the dangerous conditions for pedestrians on West Main Street because of all the construction.
01:14:36
We had a presentation a month or so ago
01:14:39
but we need some interim measures right away.
01:14:42
So could you please address Ms. Parker's concerns sooner versus later and then inform the council.
01:14:51
This is really, I'm not sure why it's taking so long.
Mike Murphy
Assistant City Manager
01:14:59
Frankly I'm not either, so it'll be an answer by the end of the week.
Kathy Galvin
Member, City Council
01:15:03
Thank you.
SPEAKER_08
01:15:11
Hi, Mayor Walker, Members of the Council.
01:15:15
Good evening.
01:15:16
Good evening.
01:15:18
Dr. Bellamy.
01:15:19
My name is John Conover.
01:15:22
I came from New Jersey to Charlottesville and UVA in 1963.
01:15:28
As a pretty ignorant 17 year old, I stayed.
01:15:35
I've lived now in my home for 45 years with my wife.
01:15:39
I can see the statue of Robert E. Lee out of my bedroom window.
01:15:47
I always thought it was weird, but I tolerated it as being that I was living in a different culture.
01:15:57
And I accepted it at bottom because my side, we won the war.
01:16:06
Lincoln was and remains my hero.
01:16:11
Lee Park, the name Lee Park became embarrassing.
01:16:16
The Lance Council tried to hit a home run by renaming it Emancipation Park.
01:16:25
Miss Carrie, however, was right.
01:16:29
That was just a long foul ball.
01:16:32
It's not a name that we want.
01:16:36
Market Street Park is bland.
01:16:39
It is illogical.
01:16:41
inconsequential and misleading.
01:16:44
There was no market and there never was.
01:16:48
You're currently investing now in the farmer's market on Water Street.
01:16:52
That's great, but what you seem to do is then create a confusion by putting a fake Market Street Park two blocks away from the real Market Park.
01:17:05
The option for Market Street Park is an inoffensive safe choice.
01:17:10
I got one third of the votes, not a vast majority, one third, because it was safe.
01:17:17
So call it safe part.
01:17:20
But, you see, after last year's action in that part, it would be beyond ironic to call it safe part.
01:17:29
That would just be dumb.
01:17:32
The Supreme Court struck the first heavy blow against Jim Crow in 1954.
01:17:37
Those heroes, those justices, were not the heroes.
01:17:43
The real heroes was a team of brilliant and dedicated lawyers who developed a strategy over the previous 15 years to end segregation.
01:17:55
OK.
01:17:56
I mean, that's fine.
01:17:57
I've got three minutes, Jeff.
01:18:02
And that strategy, that strategy, the road to Brown, ran right through the middle of the city of Charlottesville in 1950.
01:18:09
Oliver Hale spots with Robinson, Thurgood Marshall argued in the federal court, now our library, for a real man, Gregory Swanson, to defy segregation at the University of Virginia.
01:18:22
They won after leaving the court.
01:18:24
They celebrated with a photo in Lee Park.
01:18:27
I put it on your desk.
01:18:29
The local NAACP says the park should have an authentic and substantial connection to significant historical events that occur in Charlottesville.
01:18:39
I ask you, do something meaningful and real.
01:18:42
Name the park for Gregory Swanson.
01:18:45
Thank you.
SPEAKER_32
01:18:45
Thank you.
SPEAKER_02
01:18:50
Marceau Zoe from Albemarle and I live in the county but spend a lot of time in the city.
01:19:07
This morning I awoke from a nightmare.
01:19:12
I was in a downtown store and suddenly found myself surrounded by Nazis.
01:19:18
They had weapons and seemed to be closing in on me at all turns.
01:19:22
There was a small group of white people huddled together I thought might not be affiliated, but when I asked if they were white supremacists, they said yes.
01:19:30
I saw a cop and hoped he'd protect me, but I discovered he also was a Nazi.
01:19:36
There was no one in that store that was an ally.
01:19:38
I was alone in downtown Charlottesville and Nazis were invading.
01:19:43
I'm not the only one having nightmares.
01:19:45
I know many feel far more traumatized, vulnerable and threatened than I do.
01:19:50
Just when we may have figured out our coping mechanisms for the trauma, the wounds are being ripped open once again, not only by the threat of Nazis, but by the threat of a city that protects Nazis over citizens.
01:20:04
I ask you to please avoid discouraging people from coming downtown on the weekend of August 11th and 12th.
01:20:11
If we discourage our own community members from coming downtown, the Nazis have won.
01:20:16
If businesses close and lose revenue, the Nazis have won.
01:20:20
If police don't protect our counter protesters, the Nazis have won.
01:20:25
If police don't defend people of color, the Nazis have won.
01:20:31
You as council are in a unique position to influence not only the course of this anniversary weekend, but the course of racism that is rooted in the very foundation of Charlottesville.
01:20:43
Why not seize this opportunity?
01:20:45
Why not be the citizens council?
01:20:49
Why not be the city council that stands up against white supremacy and stands behind your community?
01:20:56
This should be a time where local citizens take over the streets, own their downtown and show up in numbers, whether counter protesting or patronizing the businesses.
01:21:06
The farmer's market should be open, businesses should be open, have sidewalk sales and give a percentage of the income to the Charlottesville Community Resilience Fund.
01:21:16
Consider offering space for racial justice workshops in stores and theaters and restaurants and cafes.
01:21:23
We should be asking grassroots organizations how they would like to use this opportunity to educate and or be supported on our downtown mall.
01:21:33
Permits should be denied to Nazis and community members should be encouraged to fill our public parks.
01:21:41
Make this a day of people's action for racial justice.
01:21:45
Write a new narrative on August 11 and 12, 2018, or try to.
01:21:50
The world is watching.
01:21:53
Let's show it what Charlottesville can become.
01:21:57
Thank you.
SPEAKER_41
01:22:02
Peter.
Peter Krebs
01:22:11
Good evening.
01:22:12
I'm Peter Krebs, Piedmont Environmental Council and Charlottesville resident.
01:22:18
You guys have a really full agenda.
01:22:20
In fact, just the consent agenda looks like what a city council agenda used to might look like.
01:22:26
So thanks for the awesome and abundant work you're doing.
01:22:32
On that consent agenda, you've got some good things.
01:22:35
Safe routes to school funding, yes.
01:22:39
We also like the parking exception.
01:22:42
That's a bold move and a good move that you're making.
01:22:47
We don't love so much the drive-through and the highway corridor piece of it.
01:22:56
It's not great for walkability and can have unintended consequences in other highway commercial corridors.
01:23:06
The main thing I want to talk about is all the way at the end of the agenda, which is the resolution about alleyways, paper streets, et cetera.
01:23:18
We would urge you to support that resolution because alleys are a tremendous opportunity
01:23:25
in Charlottesville.
01:23:27
Not very well understood, needs to be better understood, and we need a better policy so they can do the things that alleys can do.
01:23:36
For example, provide access to housing, get parking off the street, give safe places for kids to play if we have a policy with them.
01:23:48
alternate ways for people to get around and improve connectivity within the city.
01:23:52
So thanks for your great work and good luck with everything this evening.
Nikuyah Walker
Mayor, City Council
01:23:58
Thank you.
01:24:00
Joe Thomas.
SPEAKER_47
01:24:11
Good evening Mayor Walker.
01:24:12
And I may say it twice because I,
01:24:14
last time I spoke
01:24:33
the commission that was done in 2004 regarding districting.
01:24:39
Representative districts have been on the table in this area for a long time.
01:24:44
Dr. Bellamy brought up the fact that things may have changed, but Mayor Walker, something you said later on pointed out how little it's changed and Dr. Bellamy may have forgotten his first attempt to run for city council where
01:24:58
He struggled to get anywhere near the top of the vote list in the Democratic primary.
01:25:05
And it is very difficult to break through.
01:25:08
And one of the things that your election, Ms. Hill's election, are indicative of in this city is that there is a feeling that the citizens are not being listened to.
01:25:21
They don't feel like they, for all the time they get to speak, are being heard.
01:25:27
and that a ward or district representative district system would provide that opportunity because when you're closer to your representative, if they misrepresent, kicking them out and finding somebody who will is much easier.
01:25:44
I have a couple of documents from the Department of Justice regarding Yakima, Washington, East Point, Michigan, and Columbia, Missouri, all who have city manager forms of government and at-large city councils.
01:25:59
In each case, the Department of Justice found that they were all in violation of the Voting Rights Act.
01:26:06
I know you have to petition the General Assembly for it.
01:26:10
In my service to this community, I've spoken to David Toscano numerous times.
01:26:14
One of his favorite pieces of code is the Voting Rights Act.
01:26:18
And I certainly don't think David Toscano would want his hometown to continue to violate the Voting Rights Act and disenfranchise under an at-large form of government.
01:26:31
I've heard the number four mentioned, I think, for the diversity of the city, six
01:26:36
Representative districts and an elected mayor would be a marvelous way to move forward.
01:26:43
I even scribbled out some, if you want, because you could talk to Dr. Squalacci and the folks at the self-sufficiency agenda, Ridge Schuyler at Piedmont Virginia Community College.
01:26:57
This second map is an economic breakdown of how the city is.
01:27:01
in terms of take home pay and you can look at the disparities in certain neighborhoods and you can see that they would certainly do well to have their own representatives on city council.
01:27:13
So thank you very much.
01:27:15
I'll leave these with Ryan.
Wes Bellamy
Member, City Council
01:27:18
Thank you.
01:27:19
Ms. Thomas, I have a quick question.
01:27:23
Never is.
01:27:24
It's true.
01:27:26
So I know we'll get into discussion more in depth later, but one of the things that
01:27:31
I've heard in terms of concern and I'm also concerned with if we move to a ward system is that if you have certain counselors who live in other districts or who live in other parts of the city they will believe that they don't have to deal with the issues that may be in other parts of the city which we to a certain extent see or we have seen traditionally now and do you feel that may be exasperated or even intensified if we go to a ward system because if someone lives on and I'm just throwing this neighborhood out like if you live on
01:28:01
Let's just say Locust Avenue, for example.
01:28:03
Why would you be concerned with what's going on in the Tonsler District, for example?
SPEAKER_47
01:28:08
Because, as I've always seen it, the competition for coalition
01:28:15
is what drives a representative republic is you need her and her to support something or at least you need her to second something to bring it up to a vote.
01:28:26
So just disregarding anyone else's precinct doesn't help you represent yours.
01:28:32
And because so much is done out in the open, it has been my experience anyway that that is the case where that
01:28:40
intense feeling that you need to represent your neighborhood and you bring their feelings and their problems, you can better address it amongst each other so that when you debate an ordinance, it's not the matter of, and I know we have some fun with this, a pizza party to find out what's going on in your neighborhood.
01:29:02
I know, Kathy, you grew up in a city with wards.
01:29:06
I grew up in a city with boroughs and precincts as well.
01:29:09
It's the best way to get your voice heard and I think that that really is what we saw last November here in Charlottesville as a community saying, hold it, we are tired.
01:29:18
Don spoke eloquently about how few members of the black community took part in the Democratic Party Caucus this past couple of months ago.
01:29:27
And I think that is a symptom of people saying, hey, we're done with not being listened to.
01:29:34
Thank you.
01:29:34
No, thank you.
SPEAKER_41
01:29:37
All right.
Wes Bellamy
Member, City Council
01:29:38
Did you leave that paper?
01:29:40
Joe, did you leave the paper?
SPEAKER_47
01:29:41
I left them.
01:29:42
They're just hand drawings.
01:29:43
There's no demographics in it.
01:29:44
It's just it would be looking at different contiguousness and things like that.
Wes Bellamy
Member, City Council
01:29:50
Thank you.
SPEAKER_41
01:29:53
Yeah.
01:29:56
Yeah.
01:30:06
Good evening.
SPEAKER_32
01:30:10
Good evening.
01:30:12
Mary Harris, city resident.
01:30:15
I'm in a time warp tonight.
01:30:18
I mean, Miss Heather Walker, I was on the QCC in 2004 on that board.
01:30:29
I know exactly what you're talking about, sweetie.
01:30:32
And Charlottesville is like, I don't know.
01:30:37
I've been here since 1946.
01:30:39
So they give me some priorities, what you think?
01:30:43
But see, it seems like now it doesn't matter how long you've been here.
01:30:49
It's what special interest group you are in that gets priority around here.
01:30:56
Because I'm telling you, y'all need to do away with that lottery because special interest groups are being considered to speak.
01:31:06
and a lot of people in Charlottesville have a lot to say and they call in and send out emails in and end up on the wait list.
01:31:17
Then, when you get up here, you can't say everything you want to say because everybody already said it.
01:31:25
People don't say what I want to say tonight.
01:31:29
and I can just ditto it.
01:31:31
That's all.
01:31:32
I like what Joe said.
01:31:34
I like what Jim said.
01:31:37
I love what Heather said.
01:31:39
I love what Ms.
01:31:41
Slaughter said.
01:31:43
I don't like very much what our carnival said because I feel like Marcus Street Park is fine.
01:31:51
It's on Marcus Street.
01:31:53
It has nothing to do with the city market.
01:31:56
Swanson came from Danville.
01:31:58
He went to University of Virginia.
01:32:01
He served University of Virginia.
01:32:03
He did not serve Charlottesville.
01:32:06
If you want some names of some people from Charlottesville, Alicia Lugo, Rebecca McGinnis, Holly Edwards,
01:32:16
Grace Tinsley.
01:32:18
You want some names?
01:32:20
I'll give you some names.
01:32:21
You don't get no names when nobody's never been here.
01:32:24
You're from New Jersey.
01:32:25
You ain't got no right to come down here and tell nobody what to do.
01:32:29
I don't care if you've been here since 1913.
01:32:33
You don't come up in here and tell nobody that they need to do something.
01:32:38
We were born, raised, and also bread crumbed here.
01:32:42
And if you don't like what I say, you know what you can do.
01:32:45
But I'm going to tell you right now, I'm so sick of y'all going around here, taking stuff for granted.
01:32:53
And talking about special interest groups, y'all got to cut that lottery out.
01:32:58
This is crazy.
01:33:00
You got everybody from Belmont coming over here.
01:33:02
I feel sorry for them people.
01:33:05
But I lived in Guard Square.
01:33:07
I moved down there in 1978 and I moved out in 2003.
01:33:12
Belmont did not give us one inch of support.
01:33:17
But y'all got all the money.
01:33:20
And what do you do with it?
01:33:21
You kept on building flower pots and two lane streets.
01:33:26
Now you're over there busting and arguing about things.
01:33:28
People on 6th Street and God Square and South First Street, Crescent Halls, Hardy Drive, they need help too.
01:33:39
But they don't come in here talking about it.
01:33:44
Y'all got money over there in their hearts.
01:33:45
Call some of that out of your drawers and do your own work.
01:33:48
Thank you.
Nikuyah Walker
Mayor, City Council
01:33:57
OK, so we're going to take a break.
01:34:09
Thank you.
SPEAKER_41
01:34:09
10 minutes.
01:39:09
The End
01:40:41
Yay!
SPEAKER_42
01:41:10
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01:42:10
you
SPEAKER_42
01:45:12
I love you
01:45:41
We will, we will, we will, we will We will, we will, we will
01:46:12
The End
01:46:50
I'm
01:47:52
Thanks for watching
01:50:06
I'm
01:50:35
you
01:51:16
you
SPEAKER_42
01:51:44
Music Playing
01:52:35
Ciao!
01:53:06
you
SPEAKER_42
01:54:01
I don't know what to say.
01:56:13
Music
01:57:47
and Michael Kochis
Wes Bellamy
Member, City Council
02:01:00
Okay.
02:01:02
All right.
SPEAKER_41
02:01:04
I'll see you tomorrow.
Wes Bellamy
Member, City Council
02:01:09
All right.
02:01:10
You're welcome.
02:01:12
See?
02:01:13
I don't know.
02:01:18
I'm going to take the whole pack.
Nikuyah Walker
Mayor, City Council
02:01:27
All right, so call this meeting back to order.
Mike Signer
Member, City Council
02:01:49
Madam Mayor, my apologies for being late.
02:01:53
I was stuck on the tarmac for a long time and everyone, but I'm glad to be here.
02:01:58
Sorry, Miss Community Matters, I'll review them, my video later.
SPEAKER_05
02:02:02
Do we need to do- Do I need to be called in or anything?
Mike Signer
Member, City Council
02:02:08
Okay.
SPEAKER_41
02:02:09
Okay.
Nikuyah Walker
Mayor, City Council
02:02:09
All right, so we're, the consent agenda, Miss Rice, could you read it please?
Paige Rice
Clerk of Council
02:02:17
Sure.
02:02:18
Item A, minutes for July 2nd, 2018.
02:02:20
Item B, appropriation 2018-19 safe routes to school non-infrastructure grant, $77,000, first of two readings.
02:02:29
Item C, an appropriation Virginia Department of Social Services, employment for temporary aid to needy families, participants grant, first renewal, $66,667, first of two readings.
02:02:40
Item D, a resolution review of discretionary funding process for nonprofits, first of one reading.
02:02:45
Item E, a resolution authorizing the city attorney to retain legal counsel, first of one reading.
02:02:51
Item F, a resolution delegating of contracting authority to director of emergency management, first of one reading.
02:02:57
Item G, an ordinance parking modified zone amendment, second of two readings.
02:03:02
Item H, an ordinance restaurants drive through windows and highway corridor zoning text amendment, second of two readings.
02:03:08
Item I, an ordinance mixed use development standard zoning text amendment, second of two readings.
02:03:12
And item J, an ordinance, amended ordinance regulating use of explosives for excavation and demolition activities, first of two readings.
CONSENT AGENDA:
Heather Hill
Vice Mayor, City Council
02:03:23
And I understand for the last item that we would have to have a separate motion if we wanted to skip the second reading.
Lisa Robertson
02:03:28
Yes, so I would recommend you do that before voting on the consent agenda.
Nikuyah Walker
Mayor, City Council
02:03:36
OK. And so if we want to, at which point, if we want to pull something from it, do we do that?
02:03:42
So I would like to pull D, E and F. I would like to pull item H.
Kathy Galvin
Member, City Council
02:04:05
And Mayor Walker, I could actually, because I simply don't think I have the votes, but I cannot vote for item H. So I would like to pull that item so that I can vote on the rest of the items on the consent agenda as amended.
02:04:22
And I would like to be able to make a comment on that.
02:04:24
But I, unless there's been a change of heart on this council, I don't suspect that there would be a change of vote.
02:04:32
and I don't want to prolong the evening.
02:04:34
It's already a long agenda.
02:04:38
If there is a council that wants to discuss it further, that'd be wonderful, but I would like to be able to vote for the consent agenda, but I have to pull it.
02:04:45
I can't vote for this.
Heather Hill
Vice Mayor, City Council
02:04:49
And the other three we will discuss, I guess.
02:04:54
The only comment on something, is that the right time to say a comment?
02:04:57
I'm not pulling it.
02:04:58
But I do know that we've heard from a lot of residents around the parking modified zone amendment.
02:05:04
tried to respond and just explain that this is just a preliminary part of the process and it's not trying to reemphasize it.
02:05:10
It's not saying that anyone is going to park any less than what's really required for the needs of those properties.
02:05:16
And there will be a lot of opportunity as we go through the site plans for each of those properties for the public to weigh in and to ensure that we're providing enough parking for all the needs, residential and mixed use for any of those parcels that are in that.
02:05:29
we've heard from several residents and we certainly recognize that there is a parking constraint in that part of our community so I just I want to make sure people understand that we have heard you and there is a lot more decision-making obviously beyond this but this is a first step and it does have council support.
Kathy Galvin
Member, City Council
02:05:46
So Mayor Walker if I may I will just make a comment about H but don't need to pull it for another discussion later on the evening.
02:05:55
So
02:05:56
I cannot vote for the drive-thru restaurant SUP for the highway corridor zoning district.
02:06:06
And in my view, it doesn't meet the standards of review, which number one, fundamentally, it needs to be in compliance with our comprehensive plan.
02:06:15
which is my reading with regards to the hydraulic small area plan.
02:06:18
It is not, nor is it in keeping with what some of the preliminary items that the planning commission has put forth before us with regards to future land use map, which has indicated that the other highway corridors are out potentially mixed use gateways to the city.
02:06:33
This is going backwards, not forwards in terms of that sort of a land use development pattern.
02:06:38
Another standard of review is that it's also supposed to be meeting the health and welfare of the community.
02:06:45
I think Ms. Meyer eloquently stated that fast food is not something that's a hallmark of good food.
02:06:50
It's high in fat, high in sodium, and it's high in sugar.
02:06:54
which does relate to obesity.
02:06:56
And there's been a correlation between the growth of fast food restaurants and obesity in America since 1970.
02:07:02
Both have doubled.
02:07:03
It's already well known that that car orientation is a contributor to greenhouse gas emissions, which is a major contributor to global warming.
02:07:14
Another standard of review item is that it's supposed to not have an impact on the other surrounding areas.
02:07:22
and the case of this particular site near Hillsdale Drive, which has the hydraulic small area plan.
02:07:29
As other developers and owners move forward to implement the goals of the hydraulic plan, which is much more oriented towards the pedestrian and the bike, it will be in direct conflict with the auto-centric orientation of a drive-through.
02:07:45
So it will have an impact on the surrounding area.
02:07:49
So on those counts, I just don't see how it meets our standards of review.
02:07:54
And I ask that it be pulled so I can vote separately on it against it.
Heather Hill
Vice Mayor, City Council
02:08:10
So did the motion for that one item have to go first, Lisa?
02:08:12
Sorry.
02:08:15
Yes.
02:08:15
So I'll just make a motion that we
02:08:19
We do not, sorry, this is for the second reading.
02:08:22
We bypass the second reading.
02:08:23
Then you waive the second reading for item J, the amended ordinance regulating the use of explosives for excavation and demolition activities.
02:08:32
Dr. Bellamy, you second it?
Wes Bellamy
Member, City Council
02:08:35
Second, excuse me.
Mike Signer
Member, City Council
02:08:38
Councilor Galvin, I'll support your motion to pull it so that you have the opportunity to vote against it.
02:08:45
if we need a second.
02:08:46
Oh, we're talking about two different things.
02:08:48
On the H, yeah, we're mixing H and J, but give you that opportunity.
02:08:53
Sure, thank you.
02:08:54
And I'll make a comment about it too.
Heather Hill
Vice Mayor, City Council
02:08:57
So for now we're gonna vote on that, the waiving of the second reading.
02:09:00
The waiving of the second reading.
Mike Signer
Member, City Council
02:09:02
Yes.
02:09:04
For item J.
Heather Hill
Vice Mayor, City Council
02:09:05
For J.
02:09:06
Okay.
02:09:07
The explosive.
Mike Signer
Member, City Council
02:09:10
Did you call us?
SPEAKER_41
02:09:12
Yeah, vote.
Nikuyah Walker
Mayor, City Council
02:09:16
the amended ordinance regulating the use of explosives he was just he was talking about
SPEAKER_39
02:09:28
Just a point of order, Councilor Galvin, I can't know your vote against that item, but certainly if you'd like to vote, you might be right.
Kathy Galvin
Member, City Council
02:09:38
If, Mayor Walker, if I may, if that's, I can certainly do that too.
02:09:41
It doesn't, just note that I am not voting for that.
02:09:44
For the record, that is perfectly acceptable as well.
02:09:47
If that's, it's more efficient that way.
Heather Hill
Vice Mayor, City Council
02:09:49
So we'll be voting on everything with exception to D, E and F.
02:09:57
with Councilor Galvin not voting for it.
02:10:04
I make a motion that we accept the consent agenda, items A, E, C, G, H, I, and J.
Mike Signer
Member, City Council
02:10:17
And I'll make a second, but we can still make a comment before we vote.
SPEAKER_41
02:10:22
Yeah.
Mike Signer
Member, City Council
02:10:22
Right.
02:10:22
OK.
02:10:23
So a second.
SPEAKER_41
02:10:24
All right.
02:10:26
So any further questions or comments?
Mike Signer
Member, City Council
02:10:28
Yes.
02:10:30
So, um, Council Galvin on that item, I want, um, Ms. Jenny Keller, who's emailed us several times and is a really eminent member of the planning community here and does a lot of public services, chair of the planning board, um, has been, uh, and she had grave misgivings about, about this, about allowing drive throughs in this area.
02:10:49
I want you to know that your concerns are heard also, um,
02:10:54
I think it's a tough call.
02:10:57
Also, the Planning Commission voted against this five to two.
02:11:00
The rationales that I offered last meeting for me still stand, that there's enough protections within the system that will exist after this for it not to be a
02:11:18
a pass-through harm that there's still checks, council still has to vote to approve or can stop a drive-through.
02:11:26
I think we are in the midst of a very deep discussion about how auto-centric that area is going to be and I think that this discussion can move that forward a lot.
02:11:39
I believe that there are enough protections in here and that it's odd enough that this one area wouldn't have drive-throughs but they would be allowed elsewhere.
02:11:46
That it's okay and the same concerns that actually in a lot of discussion have come up were more about parents with young kids than about senior citizens.
02:11:58
And we all bring our experiences and biases.
02:12:00
That was the experience that we talked about a lot at the last meeting and
02:12:05
I still bring those to the table in this discussion.
02:12:07
I think it's a tough balancing act, but I just wanted to say that the concerns about this, that I had read them very carefully and had pondered them.
02:12:15
And I think we should be deeply thinking about these questions going forward, especially with the comprehensive plan.
02:12:21
So thank you for raising them.
Kathy Galvin
Member, City Council
02:12:23
Appreciate it.
Wes Bellamy
Member, City Council
02:12:24
Is it possible for us to further discuss this, maybe not tonight, but postponed it to a
02:12:31
because it seems as if there's a lot of, there's still just some things that we may need to discuss.
02:12:37
I mean, are any of you open to that?
Kathy Galvin
Member, City Council
02:12:39
I would make a motion to table it then until another time.
Wes Bellamy
Member, City Council
02:12:43
I would be in favor of, I would be open to seconding Ms. Galvin's, because you originally brought it up, so second Ms. Galvin's motion to table and if you guys are amicable to that, if you already have the votes then I mean I understand.
Mike Signer
Member, City Council
02:12:56
I would support that, Mr. Bellamy.
02:12:58
I thought that there was solid...
Heather Hill
Vice Mayor, City Council
02:12:59
There was timelines involved that we had to, after the first reading, is there a certain timeline by which we'd have to vote on it?
Lisa Robertson
02:13:09
Not for you.
02:13:11
There are timelines once something is referred to the Planning Commission in which they have to return a report to you, but there's no specific time period or time clock that's running for you to act.
Wes Bellamy
Member, City Council
02:13:23
So one of the things that I would be interested in, addition to the table and Ms. Galvin and now Mr. Signer if you'll open it as well as the other members of council, being that we don't have a meeting the first Monday in August, if that could give us more time to gather information, talk to different people, and then we vote at that August 21st?
02:13:42
20th.
02:13:43
20th meeting?
02:13:45
Would you all be amicable to that for this one?
02:13:48
I would like to have more discussion with some of the Planning Commission members.
02:13:52
While I still think I slightly favor the project, I do think we need to pay attention when they vote 5-2.
02:13:58
That means a great deal.
02:14:00
So Ms. Galvin, Mr. Signer, if you would oblige me, Mayor Walker, and Ms. Hill, if that's OK. For me, I think this has been
Nikuyah Walker
Mayor, City Council
02:14:13
You know, it's been a significant amount of time to hear from Planning Commission, hear from the public and make the decision.
02:14:22
But I think you all have three.
Wes Bellamy
Member, City Council
02:14:25
I would personally just like some more time.
02:14:28
Not to belabor it, but I just, I personally.
Kathy Galvin
Member, City Council
02:14:31
So now we're, so we need to pull this.
02:14:33
So we're gonna, we're moving to table this, so it's moved until August 20th.
02:14:39
Is that what I'm hearing, Mr. That's what I would like to request.
02:14:42
I second, I make that motion, that we table this until August 20th, and I believe you seconded it?
Wes Bellamy
Member, City Council
02:14:50
Yes, ma'am.
Kathy Galvin
Member, City Council
02:14:51
And I guess, so we need to vote on that, to pull it off.
02:14:55
So I guess that we need a vote to do that.
Mike Signer
Member, City Council
02:14:58
OK. All right, vote.
02:15:00
Do you have a move seconded?
Kathy Galvin
Member, City Council
02:15:05
OK.
02:15:05
Thank you.
02:15:06
I was kind of surprised.
Heather Hill
Vice Mayor, City Council
02:15:10
Anything else we can push off to another date then?
Mike Signer
Member, City Council
02:15:17
I'd like to keep things fresh around here.
Heather Hill
Vice Mayor, City Council
02:15:20
So now we're voting on the rest of the agenda, which they made a motion and he seconded.
Nikuyah Walker
Mayor, City Council
02:15:26
Mine is D, E, and F. Correct.
Heather Hill
Vice Mayor, City Council
02:15:33
All right.
Nikuyah Walker
Mayor, City Council
02:15:39
So we have our first public hearing release of a storm water management agreement across 550 Water Street.
02:15:48
First of two readings.
Lisa Robertson
02:15:54
Alright, so the property owner at 550 Water Street, which is currently under construction as a new development, has submitted a request for City Council to vacate a stormwater management
PUBLIC HEARING /ORDINANCE: Release of a Stormwater Management Agreement across 550 Water Street (carried)
Lisa Robertson
02:16:18
Maintenance Agreement that was recorded in 2009.
02:16:26
When a developer submits a site plan and proposes new construction, they have to comply with certain stormwater regulations required by the state and by local ordinance.
02:16:42
And when they construct a stormwater management facility,
02:16:46
our ordinance requires them to record a maintenance agreement that obligates them to maintain that facility going forward.
02:16:58
And if they don't, that stormwater maintenance agreement gives the city the right to enter the property and do an inspection and to determine how best to take action to get the required maintenance approved.
02:17:12
But after the original site plan was approved,
02:17:16
The property was sold and a new landowner came in and submitted a different site plan for approval.
02:17:24
And the storm water management facilities that they are actually constructing are in a different location.
02:17:31
And so now what the landowner is asking you to do is to release the original stormwater maintenance agreement because it burdens the property in the location where it was originally, where the original stormwater management facilities were going to be.
02:17:53
and we have consulted with the NDS engineering department and they have verified that the current site plan which was approved in 2016 and is the plan for the development that's currently under construction does not show any proposed stormwater management facilities in any of the areas that would have been covered by the 2009 stormwater maintenance agreement.
02:18:22
So our recommendation is that you should approve the ordinance that releases the maintenance agreement based on staff's confirmation that a stormwater maintenance agreement has been recorded to cover the facilities that are actually being constructed under the 2016 site plan.
Nikuyah Walker
Mayor, City Council
02:18:50
So will there be a new agreement for the 2016?
Lisa Robertson
02:18:54
There already has been one, and that's also recorded in the land records.
02:18:59
So they are just asking for the city to release the previous one.
02:19:04
All right.
SPEAKER_41
02:19:08
Any clarifying questions?
Nikuyah Walker
Mayor, City Council
02:19:12
All right, so I open the public hearing.
02:19:15
Is there anyone that wishes to speak?
02:19:21
All right.
02:19:22
So I'm going to close the public hearing and motion.
Kathy Galvin
Member, City Council
02:19:29
Mayor Walker, I move that we adopt an ordinance releasing the 2009 stormwater management BMP facilities agreement across property at 550 Walsh Street.
02:19:39
Second.
02:19:40
All right.
Nikuyah Walker
Mayor, City Council
02:19:41
Any discussion?
SPEAKER_41
02:19:43
All right.
02:19:44
Let's just start cranking them.
02:19:47
OK.
Lisa Robertson
02:19:49
It's the first or second two readings, but it's okay.
Nikuyah Walker
Mayor, City Council
02:20:02
Alright, so another public hearing closing a portion of Coleman Street right away.
02:20:08
First of two readings.
Lisa Robertson
02:20:12
Madam Mayor,
02:20:14
This is an application seeking a street closing or more accurately a closing of an area that is an unaccepted street, sometimes what we call a paper street.
02:20:32
The adjacent property is owned by Habitat for Humanity and the request is presented
02:20:40
in connection with a plan that Habitat has for the development of adjacent properties.
02:20:46
And Madam Mayor, if it's okay with you, I think I know there are a lot of questions about the nature of the development and why this is brought forward.
02:20:55
I think probably your time is better spent listening to the applicant make the presentation for the application than me.
02:21:02
Thank you.
SPEAKER_27
02:21:18
Good evening, Mayor Walker, members of city council.
02:21:22
My name is Mandy Burbage and I am the land development coordinator for Habitat.
PUBLIC HEARING /ORDINANCE: Closing a Portion of the Coleman Street Right of Way (carried)
SPEAKER_27
02:21:27
I'm also joined by Dan Rosenzweig, who's our executive director, in case you have any questions for either of us afterwards.
02:21:36
I'd like to thank the city attorney's office for their staff report and both the city attorney and NDS staff for their support for Habitat street closure request that's before you tonight.
02:21:48
I also wanted to thank council for placing this on tonight's agenda, particularly in light of your plans to revisit the city's street closure policy later this evening.
02:21:59
As a planner, I applaud your desire to preserve the city's street and alley network in order to promote interconnectivity within neighborhoods.
02:22:07
I can assure you that in the case of this section of Coleman Street, had there been a feasible way to construct homes along an interconnecting city street,
02:22:16
Habitat would have happily done so.
02:22:18
However, with a fall in elevation that amounts to a 30% grade, coupled with the fact that the interconnecting portion of Coleman Street was vacated by city council in 1988, we were forced to look at other alternatives.
02:22:36
As affordable housing developers in a city that so badly needs more affordable housing, Habitat, of course, wants to maximize the number of homes we can build on this site.
02:22:46
The staff report correctly points out that the current R2 zoning allows for the development of six units by right.
02:22:53
What is slightly misleading is that it says we chose to limit development to two units because we wanted to limit traffic impacts on the neighborhood.
02:23:03
Practically speaking, the difference in traffic between six and two homes would be negligible, so I wanted to spend a little bit of time explaining our rationale for dropping from six to two units.
02:23:14
And I have an exhibit,
02:23:16
you wouldn't mind.
02:23:17
I only have six copies so I'm going to pass one to Ms. Roberts and then the rest of the council members.
02:23:27
I apologize for not bringing them up.
02:23:40
So the issue unfortunately comes down to cost.
02:23:45
much of which is driven by the city's development standards outlined in the zoning ordinance and the standards and design manual.
02:23:52
And I'll give you a few examples that are specific to this site.
02:23:56
So to orient you to the top page, on the left side of the page is the Coleman right of way, which runs up and down and habitats lots as they're currently plotted are perpendicular to this right of way.
02:24:12
and this development concept essentially rotates them 90 degrees to build three duplexes.
02:24:20
So this is the first Bi-Rite development concept that we looked at and have been looking at extensively over the past year for six single family attached units that get their required 50 feet of street frontage from a spur road that intersects with Coleman Street and Coleman Court.
02:24:37
The first problem we encountered was the 10 foot required side yard setbacks
02:24:42
that pushes the homes eastward into steep slopes and necessitates a road that's over 150 feet long which triggers a requirement to either design a turnaround or to seek a waiver from the fire department.
02:24:56
It's worth mentioning that the five foot set yard, five foot side yard requirements permitted for single family detached homes would actually have enabled us to keep the road length under 150 feet.
02:25:11
The second issue we encountered was the minimum 30-foot right-of-way width mandated by the Standards and Design Manual, coupled with the required 25-foot front yard setbacks, which effectively pushed the homes to the north well into steep slopes, resulting in the need for a retaining wall that's shown as the gray line on that first page.
02:25:34
So if you turn to page two, that is what's called a section diagram that basically shows like a slice through the building and shows how the foundation sits on that slope.
02:25:49
The dashed line is the existing slope.
02:25:51
So it shows you the challenge in tying the house into the existing grade and how steeply it drops the further you move back into the site.
02:26:01
So if you think about the effect of 30 feet of right of way plus 25 feet of a front yard setback, you're basically pushing the houses more into that steep slope.
02:26:12
And this condition could be much improved if we could site the homes closer to the street, but we can't.
02:26:18
Not only did this approach lack environmental sensitivity, but the site development cost was over $70,000 per unit.
02:26:26
before engineering or permit fees, which Habitat can't spend and still make homes affordable to families earning 25 to 60% of area median income.
02:26:37
Unfortunately, this site slips through the cracks in the parts of the city ordinance that allow for flexibility because it's under two acres and therefore doesn't qualify for a PUD and it's also located outside of the city's infill special use permit area.
02:26:53
These are exactly the types of sites that are left in the city to be developed and exactly why flexible standards are so important.
02:27:02
So we've reluctantly arrived at the development concept that's on page three and that's what was reflected on the plat that we submitted in conjunction with our street closure request.
02:27:14
And it is the two single family attached unit scenario.
02:27:18
This concept relies on the Coleman right-of-way vacation both to achieve the required amount of street frontage and to site the house more contextually with the surrounding homes rather than being pushed back 25 feet from the current edge of the right-of-way.
02:27:34
The setbacks in topography still present a challenge but the impact to steep slopes is significantly reduced and the estimated site development cost is far less at $25,000 a unit as compared to $70,000 which was the
02:27:48
the first development concept.
02:27:50
So I offer these comments both for your consideration as to the necessity of our street closure request and also as an illustrative example as you contemplate future updates to the standards and design manual and zoning regulations that promote context sensitive, environmentally sensitive and affordable approaches to infill development.
02:28:10
Thank you and I'm happy to answer questions.
Kathy Galvin
Member, City Council
02:28:17
First of all, thank you for this illustration of what is not working in our current standards in zoning.
02:28:27
Your first plan would have given us more units and would have been much more compatible with the context.
02:28:37
and you can't do it.
02:28:39
And I was raising the questions because I couldn't understand, I didn't see the topo, and now I do.
02:28:45
So I support your request for the closure, but I do think this needs to be like a case study that we look at as we're revising our zoning ordinances and standard and design manual.
Heather Hill
Vice Mayor, City Council
02:29:02
So Councilor Galvin, you're saying there's nothing, I mean you know much more about this than me, there's nothing we can do to get them to the exhibit A?
Kathy Galvin
Member, City Council
02:29:10
I believe them.
02:29:11
I mean they've gone through the site sections, they've demonstrated why they can't make it feasible.
Heather Hill
Vice Mayor, City Council
02:29:17
I'm just saying there's nothing that we as a body can do to help get us there.
02:29:20
I'm just asking, I'm trying to understand what.
02:29:21
I don't think there is.
Lisa Robertson
02:29:25
We've got to get the zoning ordinance updated.
02:29:27
I mean it's really urgent.
SPEAKER_18
02:29:32
Yeah, I agree with Councilor Robertson.
SPEAKER_48
02:29:39
Council.
SPEAKER_18
02:29:41
Could you introduce yourself?
02:29:45
I'm Dan Rosenzweig, I'm the President and CEO of Habitat for Humanity, Greater Charlottesville.
02:29:50
Yeah, there are a couple of, as Mandy said, but it may not have
02:29:55
sort of rung a bell that there are two ordinances in our code that allow for flexibility in design.
02:30:00
There's the PUD ordinance, which is frankly kind of under attack, and the infill SUP.
02:30:07
The infill SUP, to my knowledge, has actually never been used.
02:30:11
We created it in 2002, roughly.
02:30:15
It's never been used largely because it's a tight circle around the core of Charlottesville.
02:30:21
And so one thing that could happen pretty quickly, I think, is a zoning text amendment that simply enlarges the infill SUP area.
02:30:29
The other is the limiting factor of the PUD is that it has to be two acres.
02:30:36
So you could choose as a council to reduce that as well.
02:30:41
I think long term what you probably want to do is look at changes to the zoning code and much of this may not yet be enabled but actually advantages affordable housing so changes to design or extra allowances in design for the provision of affordable housing not only would allow for context sensitive, environmentally sensitive design like what wants to sit on this?
02:31:03
This probably wants to be cottages around a green frankly is really what it wants to be.
02:31:08
but if you could figure out a way to do it and also advantage affordable housing I think we'd be killing two birds with one stone.
Kathy Galvin
Member, City Council
02:31:19
Mayor Walker, if I may say something just quickly and I'll be brief.
02:31:23
The one thing else I'll just say though the PUD and the SUP do add extra review time because they are rezoning and that is also what we've learned in the partnership for economic solutions
02:31:36
as cost, especially when you're looking for affordable housing.
02:31:39
I think the best ultimate solution is to adjust the front setbacks, the side setbacks, so that you're not having to have such long streets and that you're able to not slip into the depth of the site so that you're dealing with incredible complex
02:32:00
grades.
02:32:01
So I think I don't want to just jump into saying that we've got to keep our PUDs and keep our SEPs because that is what's draining us all, period.
02:32:12
We've got to change the zoning fundamentally.
Nikuyah Walker
Mayor, City Council
02:32:18
So has this been before the Planning Commission?
SPEAKER_18
02:32:22
No, it was originally an administrative review.
02:32:25
We applied for this, or we started the process in January when it was an administrative review.
02:32:31
And if you recall, I think it was last month, you voted to change your review process to make this be a council review.
02:32:38
And so it came straight to you.
02:32:40
The ordinance doesn't require it to go to the piece.
SPEAKER_41
02:32:44
Is that right?
Kathy Galvin
Member, City Council
02:32:53
I mean if you know if
SPEAKER_18
02:33:17
If the process were to sync with building, we like the idea of being able to build, we have dozens and dozens of families that are waiting for housing.
02:33:29
If we saw forward momentum and an update to the zoning codes and the design manual, then we certainly could put this one later in the queue because it feels like a
02:33:40
a jolly waste to build two homes on this site, especially homes not sited where they really want to be to continue the pattern of both of those streets.
02:33:51
So we would love to do something better on there.
02:33:54
This, voting for this, it would be necessary in either case.
02:33:59
So we do urge you to vote in favor of the staff recommendation and we'll see what transpires in terms of whether we can find other things to build
02:34:08
In the process, we're just running out of places to build.
02:34:11
We just don't have anything.
Nikuyah Walker
Mayor, City Council
02:34:13
So if we voted tonight on what's before us, you are saying that you would potentially wait if there were some momentum with the zoning changes to see if you could get the six units on this property instead of the line.
SPEAKER_41
02:34:32
Oh, good.
Nikuyah Walker
Mayor, City Council
02:34:34
And what does
02:34:37
How do you define momentum?
SPEAKER_18
02:34:40
It's a very complicated question.
02:34:42
We've essentially run out of places to build, largely because it's taken us a long time to get things entitled, largely because the market is so hot right now that there just aren't, there are no opportunities there.
02:34:59
And we do have a backlog of families that are waiting to get in.
02:35:01
And so we have to sit back and kind of observe and sort of see what happens.
02:35:06
The zoning amendment looks like it's going to be three years, well they're probably going to build this.
02:35:11
If it looks like it's going to be six months, I'm certain that we would hold off and do the right thing on this site.
02:35:18
If it's somewhere in between, we'll just have to kind of make that decision.
02:35:21
We're happy to make it.
02:35:22
One of the reasons why we were happy to come forward tonight is to put in front of you an object lesson in real black and white terms about the kinds of things that I think we've been saying in the abstract for a while is that it's really hard to build the right thing in the right place in Charlottesville and it's really, really hard to do affordable housing.
02:35:42
I think some of the changes to the zoning code that would make something like this possible going down the line and really begin to make an appreciable difference may require additional enabling legislation but I really think that there's a nexus between an update to the zoning code and allowances like the density bonus that could advantage affordable housing so that a lot like this could be frankly buildable for somebody building affordable homes and not for someone else.
02:36:12
with the lack of land in the city, that's the direction you probably want to go.
02:36:17
So if you're looking at things like revising the ADU ordinance or alley frontage, et cetera, those kinds of things probably should be paired to the extent that we're able to, based on state enabling legislation with advantages for affordable housing, be it Habitat or a private developer who's deed restricting the units.
SPEAKER_41
02:36:42
Councilor Bellamy was going to say something?
02:36:45
No.
Kathy Galvin
Member, City Council
02:36:47
So, Mayor Walker, on August 30th, we're going to have a work session on the affordable housing production strategy.
02:36:58
On August 23rd, we're going to have a conversation about
02:37:01
the Conference of Plan, an NDS efficiency study, and also getting the zoning rewrite.
02:37:08
So at that point, we could, as a council, with our planning commission, make a decision to expedite this process, get the added resources we need.
02:37:18
I came across a December 7, 2017 email from Ms. Robertson that said we need additional resources
02:37:27
to complete the comprehensive plan and to move into changing our zoning.
02:37:31
That was December 7, 2017.
02:37:35
So I think August 23rd we're going to have a major discussion about how we can get our zoning integrated with an affordable housing strategy and our comp plan to be moving more efficiently together.
02:37:52
Again, this is a very disheartening example, but you've given us a timeline, six months.
SPEAKER_48
02:37:59
Not intentionally.
SPEAKER_18
02:38:02
I mean, I would say that I think that changes to the comp plan zoning code really need to be, the housing strategy in particular is something that's really important because I don't think you can make across the board changes to the zoning code without understanding the community.
02:38:16
What is our shared vision for affordable housing?
02:38:18
What are our goals?
02:38:19
What are our targets?
02:38:20
Because without dramatic changes to land use, you can set the bar high but we'll never get there.
SPEAKER_27
02:38:29
I just can't help myself but just jump in as a former planner with Albemarle County Community Development.
02:38:36
They did a rewrite of just their setback regulations.
02:38:40
a couple years ago now, but it was a zoning ordinance amendment specific to setbacks.
02:38:46
They had sort of old suburban setbacks, and they have the neighborhood model district, which allowed for a more urban type of development, and they modeled the Bi-Rite setbacks on the neighborhood model.
02:38:58
So there is a local example if NDS staff would find that helpful.
Heather Hill
Vice Mayor, City Council
02:39:10
So we just need a motion and a second today.
Kathy Galvin
Member, City Council
02:39:13
Well, there's an open public hearing.
Heather Hill
Vice Mayor, City Council
02:39:16
Oh, we haven't done that yet.
Nikuyah Walker
Mayor, City Council
02:39:17
Yeah.
Kathy Galvin
Member, City Council
02:39:18
OK.
02:39:18
Thank you very much.
Nikuyah Walker
Mayor, City Council
02:39:20
So I'm going to open the public hearing.
02:39:22
Is there anyone who would like to speak?
02:39:28
OK.
02:39:29
So I'm going to close the public hearing.
02:39:33
Is there a motion?
Heather Hill
Vice Mayor, City Council
02:39:34
I move we adapt an ordinance closing, vacating, and discontinuing an unaccepted portion of Coleman Street.
SPEAKER_41
02:39:42
All right.
Nikuyah Walker
Mayor, City Council
02:39:43
Any discussion further?
SPEAKER_41
02:39:45
And there's no vote.
02:39:47
Yeah.
Nikuyah Walker
Mayor, City Council
02:39:49
All right.
SPEAKER_41
02:39:51
Thanks.
Nikuyah Walker
Mayor, City Council
02:39:56
All right.
02:39:56
We have another public hearing on regulation of small cell wireless facilities and public right-of-ways.
Lisa Robertson
02:40:05
All right.
02:40:07
As noted in your agenda materials, in 2017 and 2018, the General Assembly enacted new legislation essentially mandating local governments to offer special procedures and special treatment to
02:40:26
communications providers that want to install small cell facilities within public rights of way.
02:40:33
Specifically, these types of facilities fit well on utility poles.
02:40:45
The attached ordinance, the ordinance attached to your agenda materials is in large part non-optional.
02:40:55
So the state laws that were amended in 2017 and 2018
02:41:03
don't allow a locality, in large part, the ability to deny a request for placement of these types of facilities on existing utility poles or other features within the public right of way.
02:41:21
I included, just so you believe me that this is mandatory and not something that's optional, I included copies of the legislation from both of those General Assembly sessions and some of you may have remembered seeing emails that I sent out during the legislative sessions encouraging people to write to your local legislators and we were certainly speaking with VML and VACO
02:41:47
regarding the loss of control over what happens in public rights of way.
02:41:53
But that being said, it's now the law.
02:41:56
The ordinance I believe is, although long, I believe it's all required in order to properly implement the requirements of the new law.
02:42:09
And I would recommend that you approve it because you don't really have an alternative.
02:42:17
I will tell you that once you approve this ordinance there will be some applications coming in front of you.
02:42:26
Essentially what you are allowed to do is review some of these placements for approval of agreements kind of in the nature of a franchise agreement.
02:42:38
And so I expect that there will be an application
02:42:42
coming forward in the near future to allow a provider to place some of these facilities on the poll.
02:42:51
So you will get to review it, but there is a limited range of things that you're allowed to review and make your decisions upon.
SPEAKER_41
02:43:01
Thank you.
PUBLIC HEARING / ORDINANCE: Regulation of Small Cell Wireless Facilities in Public Rights of Way (carried)
SPEAKER_41
02:43:06
Any questions?
02:43:11
All right.
Nikuyah Walker
Mayor, City Council
02:43:16
I'll open the public hearing.
02:43:20
Is there anyone that wishes to speak?
SPEAKER_11
02:43:27
Good evening, Madam Mayor, Councillors.
02:43:29
My name is Laurie Schweller.
02:43:31
I'm an attorney with LeClaire Ryan here in Charlottesville, and I'm prepared to make
02:43:37
presentation to you to summarize this legislation or the proposed ordinance amendment just to explain what it is that you're looking at if you'd like to hear it.
SPEAKER_41
02:43:52
About 15 slides.
SPEAKER_11
02:44:03
I sure can or I'll answer any questions if you have specific questions.
Lisa Robertson
02:44:10
So this is a first of two readings.
02:44:12
If you'd like to review the slides, Ms. Schweller could send them and you could look at them before the second reading if you'd like to.
02:44:20
I think that they might have some good information but I don't know that they'll change the bottom line which is that this is an ordinance that that you have to adopt.
SPEAKER_41
02:44:33
So how long would the presentation be?
SPEAKER_11
02:44:37
Probably seven to ten minutes.
Wes Bellamy
Member, City Council
02:44:49
She's already here.
SPEAKER_41
02:44:51
She's been waiting.
02:44:52
Why would we not just go through that?
Mike Signer
Member, City Council
02:45:00
I prefer that we wait.
02:45:01
I prefer we just get it electronically because of it.
02:45:04
Just because we have a lot.
Kathy Galvin
Member, City Council
02:45:06
Well, I agree with the mayor, though.
02:45:12
I think it's a good point.
02:45:16
it's a good protocol to follow that you don't adopt something you don't understand.
Mike Signer
Member, City Council
02:45:22
Why didn't we have these beforehand in the materials?
SPEAKER_11
02:45:33
This is a presentation in support on behalf of Verizon Wireless and I'd like to thank Ms. Roberson who's been working with me for a couple of years on this ordinance even before
SPEAKER_21
02:45:46
the 2017 legislation.
SPEAKER_11
02:46:06
So as Ms. Robertson explained, the reason for the ordinance, the immediate reason is because of legislation adopted by the General Assembly in 2017 and this General Assembly session 2018.
02:46:22
And the reasons why those statutes were adopted is to encourage wireless infrastructure, to encourage investment by the wireless community.
02:46:32
And small cells are a very efficient way to do it.
02:46:35
particularly if you locate small cells in the right of way on existing utility poles.
02:46:43
So what is a small cell?
02:46:44
This is a picture of an actual Verizon wireless facility showing you a small cell antenna, which is about two feet tall, on the top of the pole, an existing utility pole, an equipment box on the side.
02:46:56
And there's a definition within the ordinance.
02:46:59
And so why do we need small cells at all?
02:47:03
As you all know, we have cell towers, we have large installations on buildings, but there's extreme amount of data demand from people using their smartphones, their laptops, their wireless devices of all sorts.
02:47:20
And so additional capacity is needed to provide the broadband that you all need for
02:47:28
for this wireless service.
02:47:30
And of course in the future with connected cities and self-driving cars, this will be even more important.
02:47:36
So we're trying to get ahead of that with these small cells.
02:47:40
This is just an illustration of what I just described, which is macro sites, which are cell towers like the Norfolk Southern Tower in the center of the city.
02:47:49
Those are macro sites, the one on top of the condominiums nearby.
02:47:54
And then you need small cells to provide additional capacity.
02:47:58
There are more wireless devices than there are people in the US, so this is about feeding that need for additional data service.
02:48:11
50% of us don't even have landlines anymore, and we need our smartphones for making emergency calls for business, for education, for downloading the agenda for meetings like tonight's.
02:48:27
It's also important for robust home purchasers.
02:48:34
This is one of the things that they're most looking for when purchasing a home.
02:48:39
And in the city of Charlottesville, obviously, it's extremely important.
02:48:44
So the city would benefit because wireless providers would construct this infrastructure, of course, at their own expense, but it would prepare the city for the future technology.
02:48:57
So how do we make it happen?
02:48:58
As we mentioned, Senate Bill 1282 was adopted in 2017 and what that did was provide administrative zoning process for small cells and also provide a process for installing small cells on city rights of way.
02:49:16
The legislation that was just adopted this past General Assembly session is to permit installation of short polls where they're needed in rights of way
02:49:26
where there's not an existing poll.
02:49:31
To dig a little bit deeper into the details, you can see here that basically as Charlottesville has already adopted, small cells would not require special use permits.
02:49:41
They could be approved on an administrative process that would have a short timeline.
02:49:47
There would also be limited reasons for denial.
02:49:50
One of those would be that it conflicts with a historic or architectural review
02:49:55
area.
02:49:59
Then in 2018, the new legislation added the concept of installing new structures in the rights of way and co-locating on existing structures outside of rights of way.
02:50:13
The other side of the legislation is what Ms. Robertson referred to as agreements between wireless providers and the controllers of the rights of way, namely the city
02:50:25
and so anyone who wants to do that such as Verizon Wireless would need to apply to the city for permission to locate in the right of way.
02:50:36
And of course that would be subject to the requirements of the constitution and would also require relocation whenever it was necessary for projects that the city may have to do.
02:50:48
For example, if the city wanted to underground a stretch of
02:50:52
Utilities along West Main, Dominion Power would have to remove their poles and consequently Verizon would have to remove the small cells from those poles.
02:51:06
So, quick summary.
02:51:08
What this legislation does for you is a very streamlined process to put these small cells on existing new and replacement poles in the right of way.
02:51:18
Very streamlined process and to provide a way to
02:51:22
allow wireless providers to enter into agreements with the city to install those facilities.
02:51:32
That's my presentation.
02:51:33
Thank you so much for allowing me to give that.
02:51:35
And if you have questions, I'll take them.
02:51:37
Otherwise, I will email this presentation to you.
SPEAKER_41
02:51:41
I know some more than I knew.
02:51:46
Any questions?
Kathy Galvin
Member, City Council
02:51:48
Mayor Walker, I have one.
02:51:49
So, um, so in the event of a situation like West Main Street, where we are undergrounding our utilities and the poles are going to go away.
02:51:57
So there's, they're just going to be able to go put these other small poles wherever they want without coordinating with the city.
SPEAKER_11
02:52:05
If there is a plan, if the city has a plan to underground its utilities, then, and that plan is in place, then it prevents an application from coming before you.
02:52:18
If there are already small cells on utility poles and a right of way and the city decides we want to put these underground, then we're required to remove those to comply with that project.
SPEAKER_27
02:52:32
Okay, thank you.
SPEAKER_11
02:52:34
All right, thanks.
02:52:36
Thank you very much.
Nikuyah Walker
Mayor, City Council
02:52:40
Is there anyone else who would like to?
SPEAKER_19
02:52:50
I just have a couple comments about that ordinance in the presentation.
02:52:54
And what's your name?
02:52:55
Rolf Braun, 1120 East High Street.
02:52:59
First, this is in the context of cell companies wanting to serve small areas.
02:53:03
Basically, it's competing with Wi-Fi.
02:53:06
They want to use infrastructure that's kind of in common, and it's four companies, looks like soon to become three, that want to monopolize a lot of this infrastructure.
02:53:18
So just to give the context, the states required this, but I would ask if council has reviewed if this reserves all the rights that are still available to the city under state law.
02:53:28
And one thing in particular I noticed is there are four reasons for denial that you can deny a permit listed in the state law.
02:53:34
There's in the case of public of on publicly owned property, there's another reason listed that I didn't see in the ordinance.
02:53:42
And just in general, if the city still reserves all the rights to manage,
02:53:46
to manage this situation that basically seems like a giveaway from the state to the wireless companies.
SPEAKER_21
02:54:02
Kay Slaughter, city resident.
02:54:05
Just briefly, I had heard about this.
02:54:07
I believe the county had already passed their ordinance.
02:54:11
And I just want to say, it sounds like, oh, yes, you have to do it.
02:54:15
You have to do it.
02:54:16
but you will hear complaints.
02:54:19
You're gonna hear from people.
02:54:20
I've already heard in the county where there were some real complaints.
02:54:25
These were historic properties and there were view shed issues but you just should be aware some of the questions you were asking about, you know, guidelines we have on different streets and just to look over the ordinance carefully to make sure that to the extent possible
02:54:46
We are including all of the safeguards of our historic districts, any plans that we have in place.
02:54:54
Because I think when citizens hear about this, an ordinance is being passed tonight.
02:55:00
But down the road, you'll be hearing from people, I'm sure.
Nikuyah Walker
Mayor, City Council
02:55:05
It's one of two readings.
02:55:07
Pardon, yes, one of two readings.
SPEAKER_21
02:55:09
So maybe more people will hear by next time.
02:55:11
Yeah.
02:55:11
Thank you.
SPEAKER_41
02:55:14
All right, would anyone else like to speak?
SPEAKER_01
02:55:24
Hey, I'm Rory Stolzenberg, 107 Westwater, number 12.
02:55:28
I'd like to encourage you guys to pass this ordinance and to not view it as a bad thing to reduce the barriers to improving wireless infrastructure in the city.
02:55:39
It's very important, obviously, that we have strong wireless connectivity everywhere, at least for people who rely on wireless as their primary access to the internet.
02:55:49
And so usually people will give
02:55:52
aesthetic reasons or often sort of pseudo-scientific, you know, scary reasons about radiation to oppose wireless infrastructure.
02:56:01
I think we should encourage the rollout of 5G in Charlottesville.
SPEAKER_41
02:56:06
Thank you.
02:56:10
It's just one comment.
02:56:13
Would anyone else like to speak?
Nikuyah Walker
Mayor, City Council
02:56:24
Would anyone else like to speak?
SPEAKER_41
02:56:27
No.
Nikuyah Walker
Mayor, City Council
02:56:28
OK.
02:56:29
So we're going to close the public hearing.
02:56:32
Is there a motion?
SPEAKER_41
02:56:40
Is there a motion?
02:56:41
We'll jump in a bit.
02:56:42
We have to do.
Mike Signer
Member, City Council
02:56:44
Yes.
02:56:44
I'll move to adopt the ordinances presented to us.
SPEAKER_41
02:56:50
All right.
02:56:51
And second.
Nikuyah Walker
Mayor, City Council
02:56:52
Is there a discussion?
SPEAKER_41
02:56:54
Any more?
02:56:55
Okay.
Nikuyah Walker
Mayor, City Council
02:56:55
And it's no vote tonight.
02:56:59
All right.
RESOLUTION: Emancipation Park and Justice Park Renaming
Nikuyah Walker
Mayor, City Council
02:57:00
Moving on.
02:57:06
The Emancipation and Justice Park renaming.
Brian Wheeler
Director of Communications
02:57:14
Good evening.
02:57:14
Brian Wheeler, Director of Communications.
02:57:17
Just want to give you a brief update on the second parks renaming survey that we did that engaged the community to get their preferences on the naming of the parks.
02:57:27
During May and June, staff collected public input through a parks renaming survey.
02:57:32
It was available online on paper ballots in the city manager's office via telephone, voicemail, and through paper ballots that were inserted in utility bills
02:57:43
during June.
02:57:46
The online survey restricted participation to one submission per device and there was a screening question for location of residents.
02:57:56
So in total we had about 4,300 participants overall.
02:58:01
If you take out the non-city residents, we're at about 3,000 participants in the survey.
02:58:09
So it's not a scientifically valid sample of public opinion, but we think it surfaced some valuable information about the community's preferences.
02:58:20
So the results for Emancipation Park, the top vote getter was Market Street Park with 961 votes, or about 33% of the total.
02:58:31
and for Justice Park the top vote getter was Court Square Park with 1,646 votes or about 58% of the total.
02:58:41
So staff is seeking direction tonight on the final park names and I'd be happy to answer any questions if you had them about the survey.
Heather Hill
Vice Mayor, City Council
02:58:50
And I just looked back at the unweighted values of the first survey that was done, Market Street Park and Court Square Park also were the top folk getters and that was with 1647 and 2252 respectively.
Nikuyah Walker
Mayor, City Council
02:59:06
I don't have any other questions.
02:59:08
I think that if we were going to go through this process, I would have liked for us to have names that were representative of the community and people who had struggled in the community.
02:59:24
I know I asked Dr. Holly Edwards' family if they would want her name associated, and they said absolutely not.
02:59:34
and I left that alone as a result, but I think that if we were gonna go through this process, it should have been something more meaningful in terms of names, but I think we heard loud and clear from the community members who were speaking that there was a desire to just have a kind of neutral name, and so that's where we are.
03:00:05
Is there any other questions?
Wes Bellamy
Member, City Council
03:00:10
No, I concur with your sentiment.
03:00:15
I definitely, Mr. Conover, while I may not have agreed with necessarily naming it Legacy Park, I do think there was some validity in what Mr. Conover was saying as well as a lot of people who
03:00:33
just for whatever reason chose not to participate in the process.
03:00:37
But I think that when we choose neutral names or just easy names, it allows us to not truly deal with some of the issues that we've had.
03:00:50
And essentially, we have seen that there's been a reluctance from a wide variety of people in our community who want to deal with things head on.
03:00:59
So we like to choose what's easy.
03:01:02
Market Street Park or Court Square Park is easy.
03:01:06
It doesn't make us really have to think critically about what's going on, but that's the will of the people.
03:01:15
So be it.
03:01:18
Mr. Edwards and he was out of it.
Nikuyah Walker
Mayor, City Council
03:01:23
And I mean I think that tells the story like you know not one it's so much negativity surrounding especially Emancipation Park and not wanting
03:01:37
Dr. Edwards' name associated with a park that currently had the statue in it.
03:01:43
So there was a lot of, you know, the family gave those two reasons.
03:01:50
Her husband and four kids is why they wouldn't want.
03:01:53
And I think that's a lot of, you know, a lot of people who are probably still feeling, you know, that way.
Mike Signer
Member, City Council
03:02:00
Madam Mayor, I would add that
03:02:03
You know, it was one of the many charges that was given the Blue Ribbon Commission that didn't kind of get as much attention, but we wanted them to advise us on other naming opportunities that could exist around the city.
03:02:14
I mean, a lot of different communities named bridges and government buildings.
03:02:20
There's a lot of opportunities to include these areas in history.
03:02:24
And I think that we could take this feedback and even this discussion here about Dr. Edwards and about
03:02:31
Mr. Swanson, I mean those are two ideas that have come up very recently and there's a lot of others and I would also say with the West Main Street streetscape there is a whole piece of that that's going to be about narrative history of this community and one of the things they've really tried to be very thoughtful to given that it connects and goes through so much of the city's history
03:02:54
is ways to really highlight the city's history.
03:02:57
And I think there's funds allocated to that.
03:02:59
And there's going to be a lot of signs and visual markers and history that will be laid into the street.
03:03:06
So we have opportunities coming up where we could really recognize some of these voices and do some part to continue changing the narrative of what Dr. Bellamy is talking about.
Kathy Galvin
Member, City Council
03:03:18
OK. Mayor Walker, may I say something?
03:03:23
I hear you, Councilor Bellamy, and I also have heard the public several times as well.
03:03:29
And I do think that because the statues are still there without any context and they have not been moved, what I've been hearing is that there was a feeling that it was a contradiction.
03:03:45
hypocritical.
03:03:46
So perhaps over time, there's no reason why the names can't change again when people feel that the parks really warranted.
03:03:53
But right now, those statues are are a big issue in those parks.
03:03:57
They're they're not we can't add the context to them yet because we can't begin the park design process until the courts set free the whole our ability to even add context.
03:04:09
So I I think the will of the public is
03:04:13
is there is some wisdom in it.
03:04:16
And I think that at this point in time, we need to listen to that wisdom.
Nikuyah Walker
Mayor, City Council
03:04:22
Yeah, but most of these votes is not coming from that.
Kathy Galvin
Member, City Council
03:04:26
I don't know how.
03:04:28
I haven't been able to figure out where they came from.
Nikuyah Walker
Mayor, City Council
03:04:31
OK, so any other?
03:04:37
All right, so is there a motion?
Heather Hill
Vice Mayor, City Council
03:04:42
So we're moving to rename the parks.
03:04:45
I move to rename Emancipation Park, Market Street Park, and Justice Park, Court Square Park.
SPEAKER_41
03:04:54
Is there a second?
Kathy Galvin
Member, City Council
03:04:55
Second.
Nikuyah Walker
Mayor, City Council
03:04:56
All right, any further discussion?
SPEAKER_41
03:05:01
Vote.
03:05:06
No more depressions.
03:05:13
All right.
03:05:14
Carries four to one.
Nikuyah Walker
Mayor, City Council
03:05:21
OK, so we have a report on the transition to the mayor council form of government.
Lisa Robertson
03:05:33
That's me again.
03:05:35
So city council asked
03:05:42
the city attorney's office and staff to pull together some materials to provide some basic information about what is a mayor-council form of government and what is a council manager form of government.
03:06:00
and sort of what's the basic difference between the two of them so that you all can begin to look at those options in a way that's informed by some preliminary information and also some information about what
03:06:17
We have given
03:06:36
ask any questions about the materials.
03:06:39
The report was written by our assistant city attorney, Sebastian Waisman, and he is here.
03:06:47
So if you have any detailed questions about the different forms, where and how they're used, or whatever follow-up you'd like to have, I know Sebastian would be happy to come forward and answer your questions.
REPORT: Transition to the Mayor-Council Form of Government: A Preliminary Analysis
Wes Bellamy
Member, City Council
03:07:13
So I'm just reading Facebook comments talking about it.
03:07:20
There's been discussion in here.
03:07:24
There's been talk throughout the city.
03:07:27
Talk here.
03:07:32
One of the things that I would like for us to explore is looking at
03:07:38
A situation in which, even if we don't go strong, full, completely strong mayor, in which we elect the mayor and that person has a great deal of power, I don't know if I would want us to go that far, but I do think they're, I mean, based on the climate, not only that we're in now, but just moving along with the times, this weak mayor form of government that was founded in Stan, Virginia in 1908, in my opinion, is rather outdated.
03:08:07
and I do think that the people deserve the right to be able to elect their own mayor.
03:08:12
So it could still be a form of, I don't even like using the term weak mayor, as Ms.
03:08:17
Slaughter told me earlier, stop calling it that.
03:08:19
But having an elected mayor that still works with the city manager, I think will bode well for us.
03:08:26
And I'm open to hearing more about the ward ideas, but what I would like is
03:08:33
for the General Assembly, for us to move forward with advising delegates as well as Senator Deeds with petitioning the General Assembly to allow us to change our charter.
03:08:46
And furthermore, I think that's something that the city should be able to decide.
03:08:49
And if that means us opening it up for a vote, or if that means us doing another survey of some sorts.
03:08:56
Allowing community input more than just one town hall would also bode well for us.
03:09:01
But that would be, again, my preference as having a mayor in which is elected, still keeping a city manager, but having a mayor that has more power.
03:09:13
So what that means, being able to appoint different positions or being able to just have different power per se, but still working with the council.
03:09:23
I think the people will want that as well.
03:09:25
Just my opinion.
Heather Hill
Vice Mayor, City Council
03:09:29
And I think in general I'm interested in understanding what we can do to look at more broadly our charter because I think there's more than one area that could maybe stand a more refreshed look and I'm not sure because given this process is pretty involved to take any changes forward I would like us to look at it holistically and not just in one section.
03:09:47
I guess I certainly can share your thoughts.
03:09:49
My piece on whether we have a really strong mayor or a city manager, I still think
03:09:54
A, we're limited by Dylan's role in our state and local government, and B, we're still limited by can that person really fulfill
03:10:02
with the needs of that role.
03:10:05
I know, obviously, when we're looking for a new city manager, we're going to be doing a pretty broad search.
03:10:09
And by saying that we're going to have a strong mayor that's elected and having the similar responsibilities, we're limited to our residential footprint.
03:10:18
And that's just a pretty limited pool of people to find these skill sets every so many years.
03:10:23
And I think I was most interested when I got to the end of this packet and I saw
03:10:27
How Richmond has responded and how difficult it has been honestly for them was just really telling because obviously we keep talking about them as like
03:10:36
the poster child for how this is done but it's been quite a struggle and they still haven't found they've gotten to the vision of what they thought they could accomplish with that form of government and so I do think that there's a hybrid approach that can be taken where you know I understand like giving an elected mayor and that that's coming from the public versus just this council of five but I do think I really am interested in understanding more about the
03:11:01
how we can get to a place where we have more representation from throughout our community instead of just all at-large counselors.
Wes Bellamy
Member, City Council
03:11:09
Well the Norfolk model seems to work for them and obviously we're a lot different from Norfolk.
03:11:14
I would only push back a little bit in regards to Richmond because I think it depends on who you talk to.
Heather Hill
Vice Mayor, City Council
03:11:19
I think it depends on who's that mayor too.
Wes Bellamy
Member, City Council
03:11:22
I mean some will say that Mayor Stoney is doing a good job.
03:11:26
I know of some who liked Mayor Jones.
03:11:28
I know of others who didn't like Mayor Jones.
03:11:29
That also can be said amongst the five of us.
03:11:32
Some people will like what we do and some will hate us.
Heather Hill
Vice Mayor, City Council
03:11:36
I noted that Newport News just seemed like it was very similar to us, but the only difference with the mayor is determined by an open election, not by city council.
03:11:42
But the roles of the mayor really were very similar, very ceremonial in leading our meetings.
03:11:47
It wasn't that they had any more.
Wes Bellamy
Member, City Council
03:11:48
But Mayor Price has a little bit more leeway than we do here.
03:11:53
That's some Newport News?
03:11:54
I don't know.
03:11:55
Yes, Newport News.
Heather Hill
Vice Mayor, City Council
03:11:58
Can you comment on just those differences?
SPEAKER_05
03:12:06
Good evening, I worked with Lisa Robertson on this report.
03:12:16
So your question was about
Heather Hill
Vice Mayor, City Council
03:12:19
I was just saying, I read that I felt like the Newport News was very, it seemed to me it was very similar to Charlottesville's model, but the main difference was just that that mayor is elected versus the council choosing that mayor.
03:12:28
But what was the scope of that mayor's, you know, responsibilities?
03:12:34
Is it stronger than what we have?
SPEAKER_05
03:12:36
So I think with respect to Newport News, I think that's right.
03:12:39
But I mean, in the sense that it's very similar to Charlottesville, it's more of a ceremonial role.
03:12:45
There's not really any
03:12:47
executive or administrative power that comes with that.
03:12:50
It is still kind of the ceremonial role that Charlottesville has.
03:12:56
But I would emphasize that there's sort of generalities having mayor council, council manager, but it really depends on the specific distribution of powers and responsibilities that you choose to put into the charter.
03:13:14
and so that can vary.
03:13:15
And so you could have somebody who, and there is a city like this, I don't remember exactly which one, it may be Norfolk, maybe Alexandria, but you could have a mayor, for example, mostly ceremonial, still within the council manager system, but who may have veto power, for example, or who may play some role in the development of the budget or something along those lines.
03:13:42
It's not an all or nothing type of thing.
03:13:44
There's a lot of sort of nuances and it's kind of up to you how you want to draft that charter amendment and how you want to set up.
03:13:53
Norfolk is similar to us.
Wes Bellamy
Member, City Council
03:13:55
Mayor Alexander is essentially ceremonial but he's elected by the people.
03:14:02
That's not what, I would prefer that we would
03:14:06
that our mayor have a little bit, I don't think it should be just a ceremonial title.
03:14:10
I'm not saying that whoever the mayor is should have complete veto power and they're some kind of dictator and it's not a strong mayor per se, but having a different level of influence in terms of, I think it also helps with accountability, but, and I'm open for us having that discussion, but I think even
03:14:30
A lot of it may be premature because what we essentially need to do is request that the General Assembly allow for us to be able to make these changes because if they say no, a lot of it could be for naught.
Lisa Robertson
03:14:42
So I would say that the General Assembly is not likely to simply give you broad permission to write it at the local level.
03:14:52
What we have to do is work out exactly what you want and prepare an updated and proposed amended charter and have either an election
03:15:04
to discuss that specific draft or a public hearing.
03:15:07
There's two procedures.
03:15:09
And then once that's done, you present that as a bill to the General Assembly.
03:15:15
So you all have to work through locally and through a public process exactly what you want your updated charter to say, and then it could move forward.
Wes Bellamy
Member, City Council
03:15:24
So, Ms. Representative, if we were to say, just hypothetically speaking, that we would want to update our charter and in October, just literally throwing it out, have something presented to the public for them to have either two or three different town halls or public hearings on to provide input, would that give us enough time to get it to delegate to Scott Knoll before December for him to take to the General Assembly for January?
03:15:54
I'm just thinking about Tom.
Lisa Robertson
03:15:55
It's very tight but what I'll tell you is I would suggest that you sort of narrow down a bit more exactly what you're thinking of doing and that you actually meet with Delegate Toscano and Senator Deeds and tell them what you're thinking about doing and ask them that question because they are the ones who have to
03:16:19
help you carry a bill and they may or may not suggest that you have sort of lobbying assistance or other assistance in doing that.
03:16:31
But they would need to give you information also about what they might expect the public engagement process to look like.
03:16:43
I know that even on regular bills these days it's become very important to
03:16:49
both legislators the first question they ask when you send them your legislative agenda in October, November, December the first thing they want to know when you're proposing new legislation is have you at the local level vetted it with businesses or other people that may be affected and we have had a couple occasions
03:17:11
in recent years where they declined to pursue requested legislation because city council had not prepared at the local level long enough in advance.
Nikuyah Walker
Mayor, City Council
03:17:30
Some of the solutions to this would be just hiring
03:17:43
a city manager who is, you know, more open to the things that we desire, I guess.
03:17:58
I mean, the communication that I know some of the concerns that I've had, I think, with
03:18:09
Yeah, I don't even know what I can say.
03:18:10
But anyway, I just think that maybe some of the concerns would be addressed if there was a person in the city manager position that was
03:18:30
treating the council management relationship as team, then we would all feel, I think, at least I would feel like we were on the same page and moving forward and there wasn't a separation that would create the need for this.
Heather Hill
Vice Mayor, City Council
03:18:48
But again, I don't.
03:18:52
It's whether you call it a strong mayor or city manager, whoever fills which either of those roles still has to have qualifications that really get the job done and however you define that.
Nikuyah Walker
Mayor, City Council
03:19:02
Yeah, I don't know the qualification piece and I have some comments about that that I'll
03:19:10
maybe share but I'm thinking of the right way to share because I think most of the people who've been talking about qualifications have been directing those comments directly at me.
03:19:19
I don't think that if Mike was sitting in this chair that there would be as many
03:19:22
conversation surrounding qualifications.
03:19:25
And I was not referring to that in the least.
03:19:30
And so from the comments that I've heard since, what is it, the GEO, whatever that group, Lawrence, is a part of, that's been a very different conversation than I think we would have heard based on who was up here before.
03:19:45
And I mean, I heard a lot of no's, but you can say that.
03:19:48
But it's no way, because I'm the one sitting here.
03:19:51
But that's neither here nor there.
03:19:56
I still think that moving forward, if this is something that we desire to move forward with, I'm still very
03:20:06
I still have to think about this process a little bit more because I think with the issues that we have in this city, I don't think that even having a strong mayor would necessarily fix that.
03:20:18
It may make it better, and that just really depends on who that person is.
03:20:23
and that's all I was getting at.
03:20:25
Yeah and so I support like what you some to look at it to be able to make that decision I don't think that the government has been working for the people and I think that it's still struggling to work and so if that's a possible change that would you know make things better then I would support it but I'm still looking at it.
Mike Signer
Member, City Council
03:20:55
Madam Mayor, I just wanted to give a couple thoughts about just trying to think about how to approach this.
03:21:08
Madam Mayor, I totally agree.
03:21:11
We're operating within a context and this, everybody should know, I mean this is playing out around the whole country.
03:21:18
There's thousands of cities.
03:21:20
As I understand it, close to 50% of them have
03:21:23
the city manager form of government in some way.
03:21:26
So that means you're going to have a lot of variation with different city managers and different mayors.
03:21:32
And I'm going to watch the public comments that I missed when I was not here, but I'm eager to see what the other people have served and the body have said.
03:21:43
So there have been city managers that we had in the past who were both extremely strong to the public.
03:21:51
As I understand it, I believe that Cole Hendricks used to run meetings.
03:21:55
That's at least what I was told by another mayor, but that wasn't true.
03:22:00
Well, with hanging out with a lot of other mayors at these different things, there are some city managers who, to the public, are very strong.
03:22:09
It's very clear that they're the CEO of the government.
03:22:13
cities around the country where the city manager is elected.
03:22:16
Like in Maryland, the county executive is elected.
03:22:19
And they've gone even in that direction.
03:22:22
So I just want to think about that because obviously then the mayor is going to bring very different personalities too and how proactive they are.
03:22:32
much they try to expand the position.
03:22:35
It was extremely difficult and frustrating to navigate during a crisis last year and for me.
03:22:44
And I'm sure that there's lots of blame that I can share in part because the public gets very confused about what the role of the office is.
03:22:55
And so I want to talk just a little bit about that.
03:22:59
I see three facets as we have this discussion.
03:23:02
The first one is the actual duties of the mayor.
03:23:04
The second one is the constructive duties, which is what can they create from the powers that they're given.
03:23:09
And the third one is what's the public comprehension of them.
03:23:14
So the actual duties are running the meetings, it's being the chair of the council, which does have the capacity to set policy.
03:23:22
So the mayor is the chair, but that's not a chairmanship that comes with
03:23:26
much else other than the power that you bring, some chairs of bodies are stronger, some are weaker, some are more leaders, some kind of more coordinators, so there's a lot of flex in there.
03:23:39
And then the third one is the budgeting.
03:23:40
Budgeting is really important, but the budgeting process right now is really led from the city manager.
03:23:47
Then there's the constructive duties.
03:23:49
I would say to Mayor Walker, there's a lot of,
03:23:54
You're actually creating, I think, in this mayorship, a fair amount of constructive power with the mayorship and with the bully pulpit, with alliances.
03:24:03
Different mayors have different relationships to the public.
03:24:06
And I think that in this mayorship, we're witnessing, I think, a very robust example of constructing a lot of authority around the mayorship and the relation to the public, which I think is really good and really healthy.
03:24:22
So that's up to the mayor, what you kind of construct.
03:24:26
And the third one is the public comprehension.
03:24:27
This is really important.
03:24:29
I just had a conversation with a long time activist in the city.
03:24:33
She said I've been doing this for, who everybody here knows really well, I'm just not considering, she said I've been doing this forever.
03:24:40
And I did not know up until recently how little power the mayor had and how much power the city manager has.
03:24:45
I just didn't know.
03:24:47
and I look at some of these other cities where they really they labor to explain over and over again on the website it's very clear what the powers of the city manager are versus the mayor versus the council and it just is kind of you know people don't think about government a lot of time until they need it so they're not going to know a lot of the time what the actual roles are so I would say whatever we do we should have a very strong public explanation of it so there are three
03:25:14
There are just two areas of reform that I think that we should think about, and I agree with Dr. Melmy.
03:25:19
I think that we could do
03:25:21
Town meetings where we would look through, we'd have like six or seven specific changes that we would think about individually and each of them we could have some research on.
03:25:30
The first one is directly selected by the public.
03:25:32
I think this could be a great idea for the city.
03:25:35
You do have it all around Virginia.
03:25:38
To the extent that people want a mayor who can construct more authority if he or she wants to do that and has the skills to do that,
03:25:46
That is aided by a directly elected mayor because the people see the mayor and they made a choice for that mayor as opposed to the mayor being selected by the city council and the mayor campaigns to the public so they have an opportunity to talk to the public, here's why I want to be mayor, here's why I want to be the chair of this body, here's the powers I'd like to construct even though it's still fairly limited and Virginia is a Dylans rule state.
03:26:08
So direct elected mayor would do that and there's lots of precedent around Virginia.
03:26:12
In looking at this report that we were just given, I think it's really illuminating that 14 years ago when they did this, one of the things that they looked at was giving council more staff.
03:26:22
And we have just done that.
03:26:24
That is a huge change that the community really should, I hope, understand over the last year.
03:26:31
And it's the result of a lot of work that happened with the last council in thinking through this form of government.
03:26:36
So now we're going to have a real staff.
03:26:38
We've got a chief of staff.
03:26:40
I believe three staff will be under, is that right?
03:26:43
And it really will enable us to create a parallel government to the city manager and that's really important because we're the political and policy making arm of the government and you need staff.
03:26:55
These jobs are extremely hard when you're getting paid $15,000 a year and especially if you have a second or a day job and it really helps to have somebody who wakes up in the morning and goes to sleep at night thinking about what city council is doing and helping you.
03:27:09
So that's already in the works, and I think it's going to change what Council and the Mayor can do.
03:27:14
And the Mayor has a much more direct relationship to the staff that we have.
03:27:18
That's just how it works, because the demand that the Mayor is under as compared to the rest of Council is probably a factor of 25.
03:27:27
The amount of requests that you get, the amount of people coming to you, and the staff is the ones who are going to help.
03:27:35
with that.
03:27:36
I think that the veto power is something we really should think about.
03:27:39
That would be a very direct way that the mayor could have more power within the form of government we have.
03:27:44
It would be a power of a negative rather than a positive power, like I can just spend this budget or hire or fire this person.
03:27:54
But I think that I would like to have a discussion with the public about a veto that the mayor could have, and that would be overcome by a vote of four on council.
03:28:03
just a couple other two other things.
03:28:07
We just have learned in the process of hiring a city attorney that we have a very unusual system in Charlottesville where the city attorney has two equal masters in our form of government, the city manager and the city council.
03:28:23
as we learn most other cities and counties in Virginia, that's not the case.
03:28:27
The city attorney reports directly to city council and does not report to city manager.
03:28:33
That explains a lot of what has happened in the last couple of years, in my view.
03:28:39
And I think we should, in Albemarle County, the county attorney
03:28:42
reports directly to county board and not to the executive.
03:28:45
They are parallel.
03:28:47
And that is a change that I think we should initiate directly, and it would apparently be authorized within Dylan's rule.
03:28:53
And I think that would give council a lot more latitude to follow its mission, which is policy and political and community engagement.
03:29:02
And it would be a change that would make it relatively stronger and be good for all the concerns that have come up recently.
03:29:10
and I also think that we should think about whether this would be a big change, whether council and the mayor could draft their own budget.
03:29:19
because we're going to have staff, there will be a four member staff and we would have the ability to draft a budget.
03:29:25
That's really where the action is and that's a highly, it could be a much more political rather than professional process.
03:29:32
I would like to have these discussions with the public.
03:29:35
I think we are looking, in my view, I would favor a stronger mayor but not a strong mayor.
03:29:41
I think that Vice Mayor Hill's concerns are well stated.
03:29:46
Richmond is a very different city than a city of 50,000 people.
03:29:50
It would get in all these questions about are you making it full-time because these are part-time positions.
03:29:55
Would only the mayor be full-time?
03:29:57
Then how do you deal with that?
03:29:59
I think that within the design of the government we have, we could tweak and change and address some of the concerns and have a city manager come in who I believe is going to probably have a much different approach than the last several years that we've been under which did not present to the public.
03:30:16
like the city manager was as powerful as the city manager was, but the city manager was extremely powerful during this period of time, but it created a lot of confusion.
03:30:25
So those would be my recommendations, and I think we need town meetings to get opinion, and we need, above all this, whatever we do, I think we have to explain to the public very amply and repeatedly what the roles and powers of our entities within our government are.
Kathy Galvin
Member, City Council
03:30:43
Near Walker, may I say something?
03:30:47
I think this is a good healthy debate.
03:30:49
I'm also very concerned that it's also potentially distracting from the major, major job at hand before us, which is to find an excellent city manager.
03:31:01
We must find an excellent city manager, and we have to really dig down deep and listen.
03:31:06
And what were the frustrations from the public that we were hearing about the functioning of the city?
03:31:15
and to beginning right now at this moment to be also then trying to change the form of government, I feel it's gonna derail us from having the kind of candid conversations that we need as a group, that we need with our community to find out what those attributes, essential attributes and skill sets have to be for the city manager.
03:31:37
So I really do think that right now that is the main
03:31:42
task at hand.
03:31:44
Because the frustrations I heard from the public are directly related to an executive function, i.e.
03:31:50
execution, getting things done and implemented in a timely way that reflected the policies of council.
03:31:57
That is something we need to make sure our next city manager is really on top of.
03:32:02
And I don't see changing our form of government is going to change that at all.
Wes Bellamy
Member, City Council
03:32:09
So my response or rebuttal to that would be, your points are well taken, but as we heard earlier, these are discussions and conversations that have been going on from at least 2004.
03:32:20
So it's not a sentiment in my personal estimation of one that only has to do with Mr. Jones.
03:32:27
So like, individuals have been having this discussion and wondering and talking about why don't we appoint, or excuse me, vote or elect our own mayor.
03:32:37
well before Mr. Jones became the city manager.
03:32:39
This isn't an issue in regards to him because there are also some people who thought that he did a great job.
03:32:45
So it's aside from him or even the city manager as a whole, I think what I'm hearing from the people is that they want to be able to have some kind of input in regards to who they elect as mayor.
03:32:59
And then furthermore, they want to be able to have accountability from an elected position.
03:33:04
and I think that we owe it to the community to at least have the conversation.
03:33:08
Our role as city councilors is to be multifaceted so we can still listen to the community in regards to what they want.
03:33:15
Personally, I believe that we can still listen to the community and work through the fact of whether or not we want to change our city charter and still go out and get a good city manager.
03:33:25
That's our job.
03:33:26
I personally don't think that it dilutes the applicant pool because I think if people want to come here, they're going to want to come here regardless.
Kathy Galvin
Member, City Council
03:33:35
Mayor Walker, I disagree with the sequence.
03:33:38
I really think we need to stay focused on the task at hand.
03:33:41
Once we get the city manager in place, once we have worked out our way of developing the teamwork we need to be working with him, as Mayor Walker said, then we can move forward and look at this next horizon, the next change for the city government.
03:33:58
But I personally don't think that we do have the ability to do both at the same time and do any of it well.
Nikuyah Walker
Mayor, City Council
03:34:05
But anybody that's coming to the city will hopefully have done their research and know that this is a topic that we are pursuing, whether we put it off until they get here or not.
03:34:19
So if it's the intention to pursue it, then I think we can, if that's gonna deter them, it's gonna deter them either way.
Kathy Galvin
Member, City Council
03:34:29
Just to clarify, I don't think it's going to deter candidates from applying.
03:34:33
I think it's a question of our time, our ability.
03:34:37
All of us are already overextended.
03:34:39
And I think this is now a situation where we're going to be doing something else with the community, another engagement process.
03:34:45
We need an engagement process with our community to find the right city manager.
03:34:49
And I do think we need to pace ourselves.
03:34:51
That's really pretty much all I'm saying.
Wes Bellamy
Member, City Council
03:34:54
I understand that, but we're the change agents.
03:34:56
Like, we're the ones who, in my opinion, are the trailblazers in terms of doing what the people have requested.
03:35:03
Again, we've been hearing about this since 2004.
03:35:06
And if we don't do it, are we going to pass the buck along to the next council?
03:35:12
We have the opportunity to do so.
03:35:14
The discussion this year, we've heard from people that they want it done.
03:35:17
I don't understand why we're going to wait even longer.
Heather Hill
Vice Mayor, City Council
03:35:23
I hear you, but I also feel like if the city manager search is what we expect it to be, a certain time frame, I do feel a capacity issue for all we're trying to take on, especially as we're looking at the comprehensive plan and rezoning and
03:35:38
I think if we'd heard I had heard this conversation everyone was all about going to a strong mayor form of government I might feel differently about how we're prioritizing but I'm not hearing that I'm hearing about a hybrid approach but still leaning towards
03:36:02
in terms of the city manager's role, very similar to where we are today, but there's other facets that we might evaluate.
03:36:07
And as a result of that, then I do still, I would say that yes, that we do need to be focused on the task at hand for the shorter term.
Nikuyah Walker
Mayor, City Council
03:36:16
So I would support exploring.
03:36:18
I think, I mean, we have stuff just tossed at us at, I mean, all the time.
03:36:22
I don't think this is any different than the other one million things that people bring up and that we take on.
03:36:32
And so this is, I mean, I think the ask is whether we just want to add this to our work session calendar.
Mike Signer
Member, City Council
03:36:39
Right.
SPEAKER_18
03:36:41
Are the Our Town meetings starting up again?
Mike Signer
Member, City Council
03:36:45
Because I remember we talked a little bit about having some topics that would be included within the programming of the Our Towns rather than just having
SPEAKER_39
03:36:56
We're planning on starting them up again concurrent with the new school year around the September timeframe and we just as you all know hired our outreach coordinator so he'll be helping lead that effort and so we'll be working with him to figure out what the strategy is for going forward with our time meetings.
Mike Signer
Member, City Council
03:37:11
So I agree with with Dr. Bellamy on this.
03:37:15
I think we can walk and chew gum at the same time and that
03:37:23
because we're not talking about the most radical probably changes and we can at any city manager we bring on will know by virtue of watching this meeting and that we are that this is an active topic of discussion and they'll be the sort of city manager could roll with the punches if the mayor
03:37:41
was given a little bit more powers over the course of the next year, which is what this would take because it looks like we have to get enabling legislation.
03:37:48
So it would be a very full public discussion.
03:37:50
I agree with Councilor Galvin, though, that I would not want this to become a massive lift where it's like the comprehensive plan.
03:37:59
But I don't think we need to do that.
03:38:00
I think that we could come out of this with five or six options.
03:38:05
And the most minimal one would just be we'd just shift to a directly elected mayor.
03:38:09
That's it.
03:38:10
like a bunch of other cities do.
03:38:11
We've talked about a few other things and if that's kind of the skinny option and then there's four or five other ways that we could increase the power and then we just look at that over the next three or four months and we revisit it.
Wes Bellamy
Member, City Council
03:38:24
I wouldn't even be willing to remove the
03:38:29
quote unquote super strong mayor, the Richmond model off the table and we just looked at the stronger model and I would be open to helping with the leg work in terms of bringing back a couple of options and working with legal to council because I just think that we should vote our mayor.
03:38:50
I think the other way is just outdated.
03:38:52
It was started in 1908.
03:38:53
It's 2018.
03:38:56
Kind of like those statues.
03:38:57
There's a lot of stuff.
03:38:58
that happened to be updated.
Nikuyah Walker
Mayor, City Council
03:39:01
All right, so we are going to add this to the work session.
03:39:05
Is that what we're saying?
03:39:07
So you have a work session planned?
03:39:09
Well, I think Page is just going to look at the schedule and see where it can fit.
03:39:14
And you're saying we need to have this maybe drafted by October.
03:39:21
Is that what I heard?
Wes Bellamy
Member, City Council
03:39:22
Yeah, I was just literally throwing out October, having it drafted so that we could have enough time to have community input as well as enough time to get it to our state reps so they can properly present it to the General Assembly in January for them to review in our legislative packet.
Kathy Galvin
Member, City Council
03:39:40
Mayor Walker, if I may, I just want to make sure that we get community input at least to the same degree as we got the naming of our parks.
Mike Signer
Member, City Council
03:39:48
This is huge.
03:39:50
Huge.
Kathy Galvin
Member, City Council
03:39:51
And so, I mean, we should have a referendum.
Wes Bellamy
Member, City Council
03:39:56
All right.
Kathy Galvin
Member, City Council
03:39:57
Let's do it.
03:39:58
And that's going to be, that's an option.
03:40:02
But certainly, the public has got to be very clear that this is what they want.
03:40:06
This cannot be just a decision by five people.
Wes Bellamy
Member, City Council
03:40:09
So I was thinking that we would do two to three different public meetings or have them also included on the Our Towns.
03:40:16
But if you're open to having a referendum, you know I'm with them.
Lisa Robertson
03:40:20
It sounds like we need to have a very clear model for the referendum.
03:40:24
You'll need to have your charter amendment drafted, but we'll need to ask Ms. Bencoach how long in advance of the next election it has to be settled.
Wes Bellamy
Member, City Council
03:40:39
OK.
03:40:42
So one thing that I'm open to committing to doing is putting some time with Ms. Roberson and her staff to have something maybe by September so that, because October will be too late.
Mike Signer
Member, City Council
03:40:59
I don't think there's any, my view would be we don't need to rush, we have staff coming on, like this is a great thing for our new council and staff to work on.
03:41:11
It's terrific because this is exactly why we set this up is to advise council on very significant things like this.
03:41:18
So I think the, it seems like to me that we could
03:41:23
You know, I don't think we're probably going to resolve it right here.
03:41:25
There could be discussion.
03:41:26
I mean, we've talked about four or five different ways that this could be stronger.
03:41:32
If there's consensus among those, then we can refine those into some options.
03:41:36
Those could be, we're not deciding anything.
03:41:41
could go, then there would be public engagement on it, right?
03:41:43
And then we could.
Heather Hill
Vice Mayor, City Council
03:41:44
I asked the one here from the public on like a ward type system.
Mike Signer
Member, City Council
03:41:47
Well, that's a whole other.
Kathy Galvin
Member, City Council
03:41:48
Yeah, I think that's just as important.
03:41:50
That's just almost more important to me right now.
03:41:51
That is just as important, if not more so, I agree.
Wes Bellamy
Member, City Council
03:41:53
Well, I said that initially.
03:41:54
Yeah.
03:41:55
There's no reason why we couldn't discuss both.
Kathy Galvin
Member, City Council
03:41:58
More of a body to inform coalitions with.
Wes Bellamy
Member, City Council
03:42:02
But there's precedent out there for us.
03:42:04
Like, we don't have to reinvent the wheel.
03:42:06
Yeah.
Mike Signer
Member, City Council
03:42:07
Thank you.
03:42:28
doing the city manager as well, but that if we did, you know, I would really like to have, I think you're absolutely right, a lot of public meetings.
03:42:36
Everybody would have to understand how major this is.
Kathy Galvin
Member, City Council
03:42:39
And it could be that you would plan that section in the town halls where it's a window of that meeting where it can be discussed, but the focus has got to be, we've got to get a new city attorney, we've got to get a new city manager,
03:42:53
and we've got to work on our whole teamwork ethic.
03:43:00
Are we looking at this as a symptom or a cause of our problems and what is our problem?
Wes Bellamy
Member, City Council
03:43:06
It's been a problem for years.
03:43:09
This is the body to fix it.
Kathy Galvin
Member, City Council
03:43:11
Well, then we might consider having a task force look at it like they did in 2004.
03:43:15
Well, I just I really got to get input from the community.
Nikuyah Walker
Mayor, City Council
03:43:20
And I would so and I would also like to just make sure that people remove me.
03:43:31
especially people who support me, remove me from the equation and make sure that you are paying very close attention to this process because part of what I think happened with the initial group that brought this up, even though they are not seeing me at the end of this,
03:43:51
They would like to use me and my relationship with the community to get this passed through, right?
03:44:01
And again, we need to know where we've been in the past, whether there could be significant changes under this.
03:44:07
So when you're talking about community engagement, I will be pressing people to pay very close attention to what this would set up in the future.
03:44:17
I'm here now but may not be here in the future and just make sure that you want to set the stage for this type of model and exclude me from that thought process when you do it and that's what I would encourage people to do also.
SPEAKER_41
03:44:37
Alright so, alright.
03:44:40
Moving forward.
03:44:42
Alright, thank you.
03:44:43
Into the 21st.
03:44:43
Quick break, five minutes.
03:44:45
Really five.
SPEAKER_42
03:45:01
Ooh, Ooh, Ooh, Ooh, Ooh,
03:46:31
I'm
03:48:46
you
SPEAKER_42
03:49:00
Ooh, I love it all, love it all Ooh, I love it all, love it all Ooh, I love it all, love it all Ooh, I love it all, love it all
03:49:27
The river, the river, the river, the river The river, the river, the river
03:51:37
you
03:53:52
you
03:54:21
you
SPEAKER_42
03:55:30
Music Playing
03:56:08
you
03:57:05
Music
Wes Bellamy
Member, City Council
03:57:58
Snickers, Fruit Snacks
SPEAKER_08
03:58:29
All right.
Nikuyah Walker
Mayor, City Council
03:58:33
Call this meeting back to order.
03:58:36
And now we have the Belmont Bridge replacement project.
03:58:42
Public hearing.
SPEAKER_03
03:58:44
Yes.
03:58:44
Good evening.
03:58:45
I'm Jeanette Janicek.
RESOLUTION: Belmont Bridge Replacement Project - Approving Design Public Hearing
SPEAKER_03
03:58:46
I'm with the Neighborhood Department of Development Services.
03:58:49
and I'm here to talk about the results of the latest public hearing, which was the design public hearing for Belmont Bridge.
03:58:56
We've held an extensive public process that includes a steering committee, project website, several community meetings as well as some follow up surveys as well as stakeholder meetings with various city committees.
03:59:11
The design public hearing was held on Thursday, May 24th at City Space.
03:59:15
It was advertised in the newspaper electronically,
03:59:18
through direct mailings as well as erected banners and an electronic sign notifying the public of the meeting.
03:59:26
Sixty-one people attended from five to seven.
03:59:30
It was an informal plan review.
03:59:32
So we had the original documents, plans, and then we also developed boards that synthesized this information into more readable content
03:59:43
that outlined project details, how it's going to look, what the maintenance of traffic currently looks like, environmental impacts, et cetera.
03:59:53
After seven, after the public had a chance to talk with the project team, ask questions for those two hours, we opened it up to a public hearing where individuals could listen to others, express their comments or questions, and we had a court reporter record that.
04:00:12
We accepted public comment through the court transcript as well as a comment form and for 15 days after the public meeting we also accepted comments.
04:00:24
The boards were located online and also they're still on the project website if you care to take a look.
04:00:32
So we provided to you the court reporter transcript, a summary of the comment forms, as well as the emailed comments and some of our responses in your packet.
04:00:41
Those two are available online.
04:00:44
So there are three main objectives to a design public hearing from a transportation standpoint.
04:00:51
One is to review the environmental impacts, review the environmental documents, see what the project is going to, how it's going to impact the environment.
04:01:02
Since we're replacing a bridge with a new bridge, there aren't many impacts.
04:01:07
We're going to have to mitigate if there is soil, contaminated soil.
04:01:12
We'll have to properly dispose of it, but we're not impacting a stream.
04:01:16
We're not impacting any kind of natural, unspoiled environment.
04:01:21
We're in a built environment.
04:01:22
The public had no comments or questions regarding the document or the board.
04:01:29
The second major objective is talking about the major design features.
04:01:33
So looking at the details of the project and having questions or responding to what they liked or disliked about the project.
04:01:41
And from the comments we distilled four major themes.
04:01:47
One was a concern over the two-lane bridge as well as the maintenance of traffic during construction.
04:01:53
We have explained and reviewed through the traffic report that by focusing on taking traffic counts and focusing on the hours of peak travel in the morning and the afternoon, so the highest amount of cars on the road in a 24 hour period, adding a growth period or growth factor to take in future years,
04:02:20
By focusing on the design length of the turn lanes as well as signal timing, we should be able to maintain the level of service that we experience now at the bridge opening as well as in the future.
04:02:35
There will be no big changes.
04:02:37
We also discussed that we do need to, one of the objectives of the project was to maintain traffic on the bridge because the detour, if we were to close that bridge to peds and to vehicles,
04:02:51
the detour would be too extensive and too long.
04:02:53
It wouldn't, it would be too confusing to the community, have too much of an impact.
04:02:59
Another theme was the elimination of the left turn at Grave Street on 9th and Avon Street and removal of the at grade crosswalk.
04:03:09
This was, has been discussed numerous times over the public process.
04:03:15
It's included in our traffic report as well as a separate memo.
04:03:19
There's a safety concern there that staff has tried to explain that that crosswalk and that left turn are too close to the other signalized intersection at Levy.
04:03:29
We focused on providing different alternatives.
04:03:32
So in a quarter mile on 9th and Avon, there are four crossings.
04:03:37
One's at Levy, one's at East Market.
04:03:40
We're creating a new ped tunnel underneath 9th, a little north of Graves.
04:03:45
And then we're also creating another way
04:03:48
North of the railroad where you could use a mezzanine and stairway system to either access Water Street or go to the downtown mall without conflicting with traffic.
04:03:59
For the left turn, the city is looking at a pilot program of flipping the traffic on Monticello.
04:04:05
So we're trying to accommodate different alternatives that are a little safer.
04:04:10
Safety also was brought up with the ped tunnel that we're creating.
04:04:15
Some individuals are concerned about safety, so this
04:04:18
Design team is focused on making it as big as possible.
04:04:21
So we're looking at it 10 feet tall, 16 feet wide, and 93 feet long.
04:04:27
So about twice as tall as me and a few times wider.
04:04:34
Let's see.
04:04:35
We're going to focus on lighting and other safety issues.
04:04:38
Again, with alternatives, some individuals we're focused on, I would never go through the PED tunnel.
04:04:44
I certainly understand that you wouldn't want to go maybe in the middle of the night, but in the middle of the day with a crowd, hopefully like a lunch crowd or whatever, maybe you'll feel more comfortable.
04:04:55
But again, providing alternatives that if you don't feel comfortable at the tunnel, there are other options that we have provided you.
04:05:01
So maybe over time in the long range scheme of things, you'll be more comfortable.
04:05:07
And then the fourth is railroad fencing.
04:05:10
It is a requirement of the railroad to erect
04:05:13
a vertical fence of a certain height with a certain amount of gap for safety for both individuals on the bridge not jumping over or individuals throwing things down onto the railyard.
04:05:29
We are aware of this requirement.
04:05:30
We are aware that it's currently not an issue with either of those things happening.
04:05:35
We would like to work with the railroad during the right of way phase to provide the supports
04:05:41
have a design ready and not erect it during construction because a lot of people find it unsightly.
04:05:49
But if there was a problem, like a safety problem, we would erect the fence at a later date using city funds.
04:05:55
It's a way to negotiate or come to a middle ground with a railroad requirement because they ultimately are in charge of that aspect.
04:06:06
And then the third major objective to a design public hearing is to disclose
04:06:11
the right of way impacts, whether we would be acquiring it permanently or on a temporary basis.
04:06:17
So before the design public hearing, we mailed certified letters to adjacent property owners.
04:06:22
We were able to meet with a vast majority of them.
04:06:25
Three of them attended the meeting.
04:06:27
Hubbard Properties was looking for a way to connect their building to the pet tunnel.
04:06:34
Avon Court was looking to reinstate
04:06:37
Champion Brewery entrance and relocating a temporary easement entrance to their property.
04:06:45
And LexisNexis, which is 701 Water Street, was looking to narrow the sidewalk and bike lanes on 9th Street as well as remove a landscaped buffer, all in an effort to reduce right-of-way.
04:07:01
So we've received a lot of positive comments on the look, a lot of neutral comments.
04:07:07
didn't receive many negative comments.
04:07:09
Based on everything that we would received, we would recommend reopening the access point to Champion Brewery.
04:07:17
It would be a loss of a little bit of parking to off street parking and some landscaping, a couple trees maybe.
04:07:27
We met with them earlier today.
04:07:29
They're opening to shortening it.
04:07:32
We're gonna have to work through some details, but they do have a dumpster
04:07:35
There is a need to reopen that.
04:07:39
If the parcel or the lessee changed, there would be a possibility to close that again through a site plan amendment.
04:07:50
And then we also, several people raised a question about adding a bike lane or a bike ramp, I'm sorry, to the shared use path that leads to the ped tunnel from Monticello and Graves.
04:08:04
And we thought that was a very good point.
04:08:06
as well as creating a connection for pedestrians between Old Avon and the Ped Tunnel through the additional parking, making sure that they have a way of accessing that without walking in the driveway or the drive access.
04:08:22
So with that, staff was looking for questions or comments.
04:08:27
If you agree with our recommendation and would agree to pass a resolution, if you have changes you would like to see,
Kathy Galvin
Member, City Council
04:08:36
I have a quick question.
04:08:37
Yes.
04:08:38
I see the recommendation that has the three changes as a result of the public hearing.
04:08:47
But then I'm not sure which alternative resolution goes with that recommendation.
04:08:52
Is it B?
04:08:53
And then I'm not sure I see attachment B.
04:09:01
Or is it attachment A?
SPEAKER_03
04:09:05
Attachment B was the concept.
04:09:07
Attachment A was the resolution.
Kathy Galvin
Member, City Council
04:09:10
Okay.
SPEAKER_03
04:09:11
And the resolution was by B.
04:09:15
Or, sorry, number two.
04:09:18
To approve the attached resolution, approving the design, public hearing and the major.
Kathy Galvin
Member, City Council
04:09:22
So that attachment A is actually the alternative under, that's number two under the alternatives.
04:09:29
Yes.
04:09:30
Okay, thank you.
SPEAKER_41
04:09:41
OK, are there any other questions?
04:09:46
All right.
04:09:49
Is there a motion?
04:09:51
Is there a public hearing?
Heather Hill
Vice Mayor, City Council
04:09:52
No.
04:09:52
No.
04:09:53
This is the public hearing was what we're talking about.
Kathy Galvin
Member, City Council
04:09:57
I move that we adopt Belmont Bridge replacement project design public hearing approval resolution.
04:10:06
Second.
04:10:08
Any further discussions?
04:10:10
I just want to thank Vice Mayor Hill for participating on the steering committee.
04:10:15
And this took a lot of work.
04:10:17
It's been a long time in coming, and I want to thank Ms. Ianczak that has been shepherding this through for
04:10:25
over six years.
04:10:27
And projected, I think, construction is in 2019, end of 2019?
SPEAKER_03
04:10:34
2019 is probably when we would have the bid out, and 2020 is when you actually see the round.
Kathy Galvin
Member, City Council
04:10:39
Well, thank you.
04:10:39
I just want to say thank you.
Mike Signer
Member, City Council
04:10:42
We could take another six months to think about it.
04:10:45
I'm just kidding.
Heather Hill
Vice Mayor, City Council
04:10:52
It was a great, this last round was a great process to be part of, so thank you for all the hard work.
Kathy Galvin
Member, City Council
04:10:58
That was a campaign issue the first time I ran.
Nikuyah Walker
Mayor, City Council
04:11:03
All right, next we have the mountainside funding request from memory care unit.
SPEAKER_30
04:11:17
Good evening, Stacey Pethia, the housing program coordinator.
04:11:21
The Jefferson Area Board for Aging has requested $50,000 from the Charlottesville Affordable Housing Fund to support the construction of a memory care unit in the Mountainside Senior Living Facility.
04:11:35
Mountainside Senior Living is the most affordable assisted living facility within our region.
04:11:42
They recently completed a market study which demonstrated that more than 400 individuals within our region are in need of a secure residential setting with appropriate supportive services for dementia-related diseases.
04:11:56
To meet at least a portion of that need, Mountainside decided to renovate one of the floors in their facility into a memory care unit.
04:12:05
and the new unit includes beds for 20 residents, a common room for social interaction, a dining room, and a therapeutic room equipped with a multi-sensory environment which is a feature that research has shown has beneficial calming effects for patients suffering from dementia and Alzheimer's related diseases.
04:12:24
The total cost of the renovation is $400,000 and the requested $50,000 from the housing fund represents 13% of that total construction cost, which aligns with, as you heard earlier, the number of city residents that currently reside within the mountainside facility.
04:12:44
Staff supports this request.
04:12:45
It does align with the city's goal, a strategic goal, to provide housing options for
04:12:52
of people across the city.
04:12:53
And on a personal level, I have had two grandmothers that suffered from dementia.
04:12:58
One was placed into a really nice home where she received the individual support she needed as she got older, and the other one went to a nursing home.
04:13:07
So I've seen the difference that it really makes in the care and comfort for people suffering from dementia.
04:13:16
That's all I have, really.
04:13:17
If you have any questions, I can answer.
Heather Hill
Vice Mayor, City Council
04:13:19
And this is coming from fiscal year 18.
SPEAKER_30
04:13:22
Correct, correct.
04:13:22
This will be FY18 funds that we're using.
Nikuyah Walker
Mayor, City Council
04:13:27
Alright, are there any questions?
APPROPRIATION: Mountainside Funding Request for Memory Care Unit - $50,000 (carried)
Wes Bellamy
Member, City Council
04:13:33
I know you answered this question via email, but just for the public to have an understanding, can you tell us how many city residents will be
04:13:44
taking advantage of mountainside and kind of what's our contribution.
SPEAKER_41
04:13:47
Or currently are there?
Wes Bellamy
Member, City Council
04:13:49
Currently are there.
SPEAKER_30
04:13:49
Correct, so they're out of 100 residents, 13% of those, and sorry it's a bit late I can't do the math in my head, 13% of those are originated from the city of Charlottesville.
04:14:01
Out of the 20 beds, I don't know how many currently are city residents.
04:14:06
They're not leased up yet, they're just getting rooms together, so I don't have those numbers.
04:14:11
But the $50,000 is 13% of the total construction cost, which is the same for- We're paying for our residents.
04:14:18
Exactly.
Wes Bellamy
Member, City Council
04:14:20
Not more, not less, just for public knowledge.
Heather Hill
Vice Mayor, City Council
04:14:22
Correct.
04:14:22
Well, I mean, it's a fluid population.
Wes Bellamy
Member, City Council
04:14:26
Yeah.
Heather Hill
Vice Mayor, City Council
04:14:28
I think it certainly meets a unique need in our community that we don't just have everywhere and I don't think that we have something quite like this in the city for the lower income levels.
04:14:37
I'm certainly in support of it.
Kathy Galvin
Member, City Council
04:14:40
I have a comment.
04:14:45
I do appreciate all the answers to the questions that you sent me back, because I was concerned about whether or not the city residents were benefiting from this.
04:14:57
And by the same token, it does represent, I think, something that we have to seriously think about more and more, is really working with the county to expand the use of our funds for affordable housing, because they do have the land, and they do have the properties.
04:15:15
But it did get me thinking that there should be some reciprocity that as we redevelop Crescent Halls, for example, I can imagine that they would really appreciate a memory care unit.
04:15:32
And I don't know if there's ever been any discussions to begin that conversation because I'm sure that there are Almon County residents that live in Crescent Halls.
04:15:43
I mean, it's just something that I think we should be thinking about, that if we're going to be contributing to facilities in Almonte County for seniors, and it's open to both city and county seniors, then we need to be thinking in terms of what our senior facilities need that also could benefit from a co-contribution.
04:16:04
I'm not sure how to begin that conversation, but I do think that that reciprocity would be very important to begin
04:16:13
to talk about.
04:16:16
And I also like the fact that this facility is in an integral part of a town.
04:16:23
It's not isolated or remote.
04:16:25
The residents can get out and walk, go to the restaurants, meet different people.
04:16:30
That's why I think something nearby, Crescent Halls, would have the same impact.
04:16:36
It wouldn't be isolated and requiring the use of
04:16:42
cars and vehicles to get around.
04:16:44
So I think this is important.
04:16:47
I would like to see more of it.
04:16:48
And I'd like to see it happen on both sides of the boundary.
Heather Hill
Vice Mayor, City Council
04:16:51
I think it's a really good point with give and take.
04:16:54
I think it's got to be about a partnership for all of this.
04:16:56
And we're going to have opportunities, and they're going to continue to have opportunities.
04:16:59
So thank you for raising that.
SPEAKER_41
04:17:02
OK. Any other comments?
Heather Hill
Vice Mayor, City Council
04:17:06
Or is there a motion?
04:17:08
I move we adopt a resolution for the Charlottesville Ordinal Housing Fund assistance for the Mountainside Memory Care Unit in the amount of $50,000.
04:17:14
Second.
SPEAKER_41
04:17:14
All right, any further discussion?
04:17:20
All right, there's no vote tonight.
04:17:23
All right.
04:17:26
All right, thank you.
Nikuyah Walker
Mayor, City Council
04:17:28
All right, next we have the policy on paper streets and alleyways.
RESOLUTION: Policy on Public ROW for Paper Streets and Alleyways
Alexander Ikefuna
Director of Neighborhood Development Services
04:17:41
Good evening, Mr. Alexander Ikeifuna, India's Director.
04:17:44
Good evening, Madam Mayor, Councillors.
04:17:51
My presentation tonight deals with ALI policy and the past reach.
04:17:59
Council had requested that staff evaluate existing policies and
04:18:07
I'll make or propose changes to the policy in terms of doing that staff has to take a look at the existing policies and then decide what's going to take for staff to fulfill this particular council directive.
04:18:24
In terms of taking a look at what's going to take, there's a consultation with the appropriate city department, public utilities, public works,
04:18:36
NDS staff and Parks and Recreation because every one of these department have some kind of vested interest on the outcome of the policy recommendations and currently the city has existing policies which dates back to 1946.
04:19:00
One was pre-1946 which dealt with subdivision plans and
04:19:06
It's got two components to it.
04:19:09
One component is administrative approval by the city council and the other has to do with the application process to NDS with the public noticing and the other part of it, which is part two, also deals with the post 1946 subdivision
04:19:29
Platt.
04:19:31
This also requires application process through NDS and subsequently a presentation to the Planning Commission with recommendation to the City Council.
04:19:41
It has a 30 days appeals process after Council has taken action.
04:19:48
In reviewing the scope of work which we guide the evaluation process and subsequent recommendation to the City Council
04:20:00
staff determined that inventory of existing islands, both those dedicated and maintained by the city and those that are not dedicated and are out there.
04:20:12
Hundreds of them, if not thousands, will have to be inventoried and this will have to require some kind of research, legal reviews and things like that.
04:20:23
We also have to identify alleys with the connectivity opportunity.
04:20:28
This one has an implication for planning purposes and then some of those that would be conducive for affordable housing.
04:20:39
The other part of the scope of work will also include an estimation of potential acquisition and future maintenance costs for the alleys and then pepper street, storm water and pipe
04:20:52
utility pipes and systems that are currently privately owned that the city may have to acquire to become part of the public domain.
04:21:01
The other part of the work would include the evaluation of potential benefits of allowing adjacent property owners to split the alley and then maybe replatter their properties for taxing purposes.
04:21:17
And then finally recommendations and proposed changes to existing
04:21:21
policies and procedures.
04:21:23
So these are the elements that will constitute what staff will be doing.
04:21:29
Now there are some challenges that utility department, public works, NDS, traffic engineer, they have identified.
04:21:39
And those were incorporated into the staff report that is before you this evening.
04:21:44
Some of them are extensive because part of the resolution that council is proposing to adopt tonight will include reacquisition of some of the alleys.
04:21:58
They have to be reviewed for compliance with the existing street standards.
04:22:05
Some of them may not.
04:22:07
We don't know until we take a look at those.
04:22:09
and some of them might even be eligible or conducive for affordable housing development.
04:22:15
Property owners may want to acquire parts of the alley and then replant their properties and then use them for affordable housing.
04:22:29
Seattle does have that kind of policies where they can sell portions of the alleys for maybe a dollar.
04:22:37
and then you can use it to create affordable housing.
04:22:43
The use of ALI varies from community to community.
04:22:46
For instance, in Savannah, Georgia, the city has a policy where they split it in two.
04:22:51
You have to replant.
04:22:52
If you decide to take it, replant the property and then record it again for taxing purposes.
04:23:00
and sometimes the city does donate that to the neighborhood association or adjacent property owners for community guidance or what have you.
04:23:08
However, in this case, staff will be taking a very comprehensive evaluation of the existing system we have for planning purposes for reuse, for affordable housing or reconnection of inter-district grades.
04:23:27
If we do go that route or whichever route we go, the procedure or plans will align with the City Council vision of connectivity.
04:23:38
And at this point, staff has estimated that we take up to January 2019 or February for staff to complete the study and make presentation back to the City Council for either a new policy or amendment to existing policy.
04:24:01
Okay, thank you.
SPEAKER_41
04:24:02
Thank you.
Kathy Galvin
Member, City Council
04:24:06
So, Mayor Walker, I'd like to make a motion.
04:24:09
I'd like to move that we adopt the resolution that was dated May 21 to develop a new policy in the public right of way as it pertains to alleys, local and paper streets, with the one amendment that instead of December 2018,
04:24:27
for the completion date, that it would be February 2019 as per staff recommendations.
SPEAKER_41
04:24:42
I'll second.
04:24:44
Any other?
Lisa Robertson
04:24:48
I'd like to just say that there's one aspect of this that is very difficult and that's the prospect of someone being tasked with providing an inventory of every single alley in the city.
04:25:07
I don't know if any of you have ever had to do deed research, but a lot of the alleys coming forward were
04:25:14
established in the 1800s and just to do the research on one alley can take hours of review in the land records and then can take analysis by a number of different deeds in the chain of title.
04:25:32
If there's a way to
04:25:36
I think everything else in here can be very productive, but I just don't know if it's feasible to get you a comprehensive inventory.
04:25:44
One thing we certainly can do, we need to update the list of alleys that we know are already maintained by the city.
04:25:51
I know that there's one on this old 2005 memo that's not accurate, or at least not any longer.
04:26:00
but maybe if we could have a little leeway to provide a recommendation as to how you could do an accounting yeah or just maybe within a policy address how these you know just
04:26:16
provide a little more information, hopefully, that identifies which things are, how we go about determining at the outset what may be public, what may be private, and what the difference is between the two in terms of how you might look at a proposed closing of one of these things, or what you might need to do to acquire it.
04:26:39
Everyone's assuming that if there's a platted alley that the city already has an interest in it and that's not necessarily true.
04:26:46
It may well be private property that you could use for an important purpose that you want to use such as completing a street network or an alley network in a particular area of the city, but you might have to buy it.
Kathy Galvin
Member, City Council
04:27:00
So could it be something inventory as feasible and practicable?
Lisa Robertson
04:27:07
or maybe even identifying a way to take an inventory if there's an area of the city where you want to complete a network, if we could identify a mechanism for doing an inventory and searching for alleys that may exist that might help you complete a network in a specific area.
04:27:29
So it'd be more like a strategic.
Kathy Galvin
Member, City Council
04:27:30
Right, right.
04:27:31
So maybe I'd be willing to entertain an amendment to that effect, a strategic inventory?
Lisa Robertson
04:27:37
or at least a mechanism for doing a strategic inventory so we can come back and include something like that in an updated policy but I think I don't see how in the world we can come back with a comprehensive list of every alley that's been created in the city since the 1800s.
Nikuyah Walker
Mayor, City Council
04:27:56
So that would be like a small area plan if there was something that we could use
04:28:02
You would inventory the alleys in that area and then give us the information on the possible uses.
Lisa Robertson
04:28:09
I think that's certainly a smaller scale that would be more doable.
04:28:13
I still don't know if we could promise, I don't even know, I think we could go back and look at and try to figure out what subdivisions originally created the lots in that particular area of the city, but at least it would be
04:28:31
more potentially doable than saying we have to do it citywide right at the outset.
Kathy Galvin
Member, City Council
04:28:38
So again, I don't mind narrowing the scope, but in a strategic way.
04:28:43
And I think that sounds like what everyone's thinking of.
04:28:47
Because clearly, it was felt that it needed to be that which created the most impact in terms of connections.
04:28:59
But right now we're just getting them one by one coming before us and we have no basis to understand whether we're being strategic or not with them.
04:29:08
or that they're being beneficial in a bigger comprehensive way.
Alexander Ikefuna
Director of Neighborhood Development Services
04:29:13
But hopefully staff have done all the parts of the application process and so they... Yeah, would that, the strategic considerations in terms of connectivity, would that also include an opportunity for affordable housing as part of that?
Kathy Galvin
Member, City Council
04:29:27
Well, and I'm glad you brought that up because the way I've seen them used is that they actually become another street with an address for assisted housing.
04:29:36
So it's not that they're lost.
04:29:38
They actually become another street in a way.
04:29:41
They're just a tiny street.
04:29:42
But you can have addresses on them.
04:29:45
And that could really facilitate the accessory dwelling unit.
Alexander Ikefuna
Director of Neighborhood Development Services
04:29:49
Exactly.
Lisa Robertson
04:29:53
And then one other question just to clarify.
04:29:55
So the resolution says that council will deny the adoption of ordinances to vacate alleys.
04:30:02
Do you still want us to accept applications or do you want a complete moratorium on applications until you have this done?
Kathy Galvin
Member, City Council
04:30:13
I think the way we have it now, they still come back to us.
04:30:18
So we'll accept applications and come forward
04:30:23
how we amended the resolution, the ordinance last time should apply to this.
Lisa Robertson
04:30:29
Okay, so we may want to change the wording because this says you shall deny every ordinance and so you may instead of shall would probably take care of it.
04:30:41
Okay.
04:30:42
Give you the option if you saw one that you felt needed to be done.
Kathy Galvin
Member, City Council
04:30:45
It could even reference as per the amendment to the ordinance on
Lisa Robertson
04:30:53
I think just change it and y'all and Mary will take care of it.
04:30:56
Thank you.
04:30:56
Well, thank you for bringing those up.
Kathy Galvin
Member, City Council
04:30:58
Thank you.
SPEAKER_41
04:31:01
All right.
04:31:03
Any other questions?
Wes Bellamy
Member, City Council
04:31:06
Do we have to second your amendment or?
Kathy Galvin
Member, City Council
04:31:09
You made a motion.
04:31:10
I made a motion.
04:31:11
I accepted these friendly amendments.
Wes Bellamy
Member, City Council
04:31:12
The friendly amendments.
04:31:13
OK. You accepted the friendly amendment.
04:31:14
OK. You second.
04:31:15
Second.
Kathy Galvin
Member, City Council
04:31:15
All right.
SPEAKER_41
04:31:17
All right.
04:31:17
Vote.
Wes Bellamy
Member, City Council
04:31:18
Yeah, we're voting.
SPEAKER_41
04:31:20
Great.
04:31:21
OK.
04:31:21
Thank you.
04:31:22
That was great.
04:31:23
Thank you.
04:31:24
5-0 carries.
Nikuyah Walker
Mayor, City Council
04:31:25
Thank you.
04:31:27
All right, next we have, um, amending city special events ordinance.
ORDINANCE: Amending City's Special Events Ordinance (Carried)
Nikuyah Walker
Mayor, City Council
04:31:36
First of two readings.
Lisa Robertson
04:31:37
All right.
04:31:39
So earlier this year, city council, um, adopted a new city ordinance, a section within the parks and recreation
04:31:50
Chapter that for the first time included within the city code a reference to how special events regulations get established and very specifically a list of things that cannot be done during
04:32:14
particular types of demonstrations and special events.
04:32:19
In the ordinance as adopted, section 18-25, there's a restriction that currently specifies that holding, carrying, displaying, or using any prohibited item as defined in the ordinance within the area where a permitted event is taking place is something that is made unlawful.
04:32:45
and as you may recall from your discussion earlier this year, prohibited items is a list of things primarily that could be dangerous if they're used as weapons or that people would be bringing specifically to possibly cause harm to other people.
04:33:08
As city staff and the unified command has gone about planning for this event, we've reviewed a lot of other places in which the stadium approach to managing events is utilized and one of the things that we realized in sort of getting down to the specifics of planning
04:33:34
is that there could be events that take place that don't specifically have a permit.
04:33:41
And that as written, this original provision would not allow police to set up secure areas or safety zones, which are areas that courts have upheld when necessary to protect the safety of people engaged in a demonstration.
04:34:03
And so we're recommending that city council consider adding a new provision that also allows prohibited items to be excluded from a restricted area that would be established by police officers as a security measure.
04:34:19
for or in connection with any event.
04:34:22
So it wouldn't need a permit, but it would only be prohibited within an area that police set up as a secure area, which necessarily would have a defined perimeter and people would be notified as they're coming into that area that certain things are restricted.
04:34:44
So it's the recommendation of the Unified Command as well as myself and the Commonwealth's Attorney that for purposes of clarity and to make sure that we're implementing what I think most people thought we were implementing that City Council should consider making this change.
04:35:09
And we would waive a second reading.
04:35:11
That's right.
SPEAKER_41
04:35:14
All right.
04:35:16
Any other questions from council?
Heather Hill
Vice Mayor, City Council
04:35:23
All right.
04:35:23
I invite a motion.
04:35:24
Do I have the motion to waive first?
04:35:27
I move that we waive the requirement for a second reading for this ordinance.
SPEAKER_41
04:35:32
Second.
04:35:35
All right.
Heather Hill
Vice Mayor, City Council
04:35:44
I move we adopt an ordinance amending and re-ordaining section 1825 of Article III of Chapter 18 of the Code of the City of Charlottesville, 1990 as amended, relating to permits for special events and demonstrations.
SPEAKER_41
04:35:57
Second.
04:35:57
Any further discussion?
04:36:00
Vote.
04:36:05
It carries four to one.
04:36:07
Thank you.
Nikuyah Walker
Mayor, City Council
04:36:16
All right.
04:36:16
And so now we bring the items back from the consent.
SPEAKER_41
04:36:25
You know why this is doing this.
04:36:27
I can't get to my notes.
04:36:43
And it's just that one, like, that's the statement.
04:37:04
Oh, no, I have that.
SPEAKER_41
04:37:05
I have that, but I can't.
04:37:07
All right.
04:37:12
That's fine.
04:37:13
That's fine.
04:37:14
All right.
Nikuyah Walker
Mayor, City Council
04:37:20
So, we can start with, I guess, do E and F first.
04:37:30
So, the authorizing the city to retain legal counsel, I just had questions about
04:37:41
what situations that would be, how would the council be notified that council had been retained, and what do we expect the duration of those contracts and stuff like that.
04:38:00
Those were the questions that I had.
OTHER BUSINESS: RESOLUTION: Authorizing the City Attorney to retain legal counsel
Lisa Robertson
04:38:02
So the resolution that I presented to you has two scenarios.
04:38:11
One is to allow me to engage counsel to continue in the statute lawsuit for some period of time.
04:38:22
The second category would allow
04:38:27
you to direct me to consult with an attorney.
04:38:32
So this is not a situation in which I would be seeking to go retain an outside counsel just to help with the ordinary course of our office business.
04:38:44
But in cases where you all might be working on a specific project and let's say we might need
04:38:53
the services of an experienced environmental law attorney to give you an opinion about somebody or someone who has a specialized expertise this would allow you to direct me to go do that and so that's what this is for so you would know about it because you it would be a council project or an assignment that that you were asking for a consultation on.
04:39:21
but it would not be for me to just be able to go out and hire attorneys to help with day-to-day business.
04:39:27
That's not what it would be.
SPEAKER_41
04:39:32
Any other questions?
Heather Hill
Vice Mayor, City Council
04:39:36
I move we adopt a resolution authorizing the city attorney to retain legal counsel.
SPEAKER_41
04:39:42
I second.
Nikuyah Walker
Mayor, City Council
04:39:48
Carries 5-0.
04:39:51
The delegation of contract and authority of director of emergency management.
04:40:00
So it was pretty much the same questions that I had just now.
04:40:05
Just the period between today, it looks like through August 31st,
04:40:16
How would council be updated on the plans of the director?
04:40:24
And I'm assuming the director wouldn't be acting, who is right now is the fire chief, correct?
04:40:31
So it would be a group.
Lisa Robertson
04:40:33
Well, the director of emergency management is generally the city manager, but if it's not the city manager, it goes through a line of succession that's identified in the emergency operations plan, which
04:40:49
If it's not the city manager it would move to... Is this not the Andrew Baxter?
04:40:57
Only if the city manager is not available.
04:41:01
He is the local coordinator of emergency management.
04:41:08
It's sort of a different function.
04:41:12
What this proposed resolution is trying to do is
OTHER BUSINESS: RESOLUTION: Delegation of Contracting Authority to Director of Emergency Management
Lisa Robertson
04:41:18
make sure that there is a mechanism in place for someone to go out and quickly sign an agreement if there's a property owner that has a parcel of property that we might need to stage something from or if there is a
04:41:34
a community that's willing to send some law enforcement officers and it may not be a community that we have a mutual aid agreement with.
04:41:43
We're not going to have time.
04:41:44
Normally, for example, mutual aid agreements would come back in front of city council for approval and this would allow for a brief period of time
04:41:53
for the Director of Emergency Management to go ahead and sign those types of agreements.
04:41:59
One such agreement that I'll tell you about, you heard everyone here tonight give an update.
04:42:05
One of the recommendations that came out of last year was that the city should have had a memorandum of understanding with the state police.
04:42:12
and we have worked through that, we have language for that and the state police and their attorney are going to wrap up final versions of that executed but we didn't have it here for you to vote on and sign tonight.
04:42:29
I will certainly share that with you and that will also be a public document but approving this resolution will allow that to be signed
04:42:39
under authority that you have conferred and then we'll have that in place among the other documents that we've been working on.
04:42:50
So this was intended some of these things the city manager would normally have the ability to do so if there was some sort of property that the city wanted to lease or Reserve for a particular period of time the city manager can lease property on behalf of the city without it necessarily coming to City Council and
04:43:11
But we just wanted to make sure that, for example, if over that weekend we're in a situation where the city manager is for some reason not available or is in the right place at the right time, whoever is next in the line of the position of director of emergency management under our emergency operations plan could go ahead and sign that document and have it be effective and could do it quickly.
Nikuyah Walker
Mayor, City Council
04:43:39
So do we have situations last year where this occurred?
04:43:44
I mean, the use of adjacent properties, those conversations were able to happen.
04:43:52
Like the library, they didn't agree, but those conversations did occur.
04:43:58
I'm just a little, because a lot of things could fall under this resolution.
04:44:07
And so how,
04:44:08
I guess and especially since we're not, we're going to have an interim city manager at least for a month of this.
04:44:18
How will council be notified and that interim city manager, how are they going to make a decision in coordination with the, I mean it's just a lot.
04:44:33
I don't think that
04:44:36
I would be leery of the resolution, even if we had our regular, you know, our current city manager under it.
04:44:44
But even with having an interim city manager in place when this is going to be adopted, it makes me a little, and then again, how are we going to be updated about what decisions are being made and why they are being made.
Lisa Robertson
04:45:04
well I would I think I mean those are valid points I think that once you appoint an interim city manager that person will then become your director of emergency management so unless if that person isn't in
04:45:22
a position for some reason or another when something needs to be decided then the authority would pass to the next person in the line of succession but as a practical matter once you make that appointment that person will be the person who's the director of emergency management who would have this authority.
04:45:42
I would say that if you weren't comfortable
04:45:48
proceeding to approve all three.
04:45:51
If you could at least approve the first paragraph, that will allow us to get the MOU with the state police executed when it comes in.
04:46:03
And as I said, I can certainly send that to you to take a look at before somebody signs it if you'd like.
04:46:11
It's a fairly straightforward agreement that will be a public document and everyone can look at it.
04:46:20
It's just documentation that, as you heard tonight, that the city and the state police have been working together.
04:46:27
They're going to participate in a unified command and everyone's going to...
04:46:30
So who would normally sign that?
04:46:33
Normally we would bring that to city council.
04:46:37
it just wasn't, it wasn't ready in time to get it here to you tonight.
Mike Signer
Member, City Council
04:46:43
Would it be, um, this is just in the spirit of this discussion.
04:46:47
I know that one of the concerns that came up a lot last year and that actually with the manual that we were, that we were given when this came, when we were briefed in council was that, um, a couple months ago by Mr. Jones is that the best practice, and this was in the Virginia emergency management as to
04:47:06
Reed elected officials into the security strategy, which did not happen last year.
04:47:13
And maybe it could be that we would include here another line where we would say, counsel shall be briefed.
04:47:30
I don't know, expeditiously on any exercise of the authorities hereto and we would require that.
04:47:39
So if that didn't happen then that would be a breach of this policy but we would have to know any time that this has been used and then a further amendment would say we shall have the power to revoke the powers
04:47:51
here too if by majority vote we could also give ourselves that power.
04:47:55
So we would establish this and give you enough, but if we could put in a couple extra checks where we'd say we want to know any time this is happening and we would have the ability to revoke it and that would involve us.
04:48:06
And I think that right now you're seeing a debate and we just had it with the whole mayor, council manager thing about how much should we be involved in operational details.
04:48:18
You know, I think that our public would like us to be more involved than we were.
Wes Bellamy
Member, City Council
04:48:23
I would concur, excuse me, concur with Dr. Signer, but also on a serious note, us having the ability to revoke it, but I guess, but I would only add a caveat of a majority vote, or a super majority vote, so four out of five.
Kathy Galvin
Member, City Council
04:48:44
It's written in the charter what we have to do by supermajority.
04:48:47
So I think it's just the majority.
Lisa Robertson
04:48:53
So no issues whatsoever with having you all notified immediately if it's exercised.
04:49:00
I think that, and as a general rule, anything that you do by resolution, you can later revoke by resolution.
04:49:14
I think the only one potentially that could cause problems, I mean I think that's a rule anyway.
04:49:31
I think on number three if someone enters into an agreement and agrees to some terms and conditions for the use of certain private property and let's say that it's verified that funds are available and the director of finance says that that can be done it could potentially be problematic if we entered into this agreement and then City Council
04:50:01
voided it, but the other two would be, I can't imagine that you all would want us to revoke an agreement with the state police, but if you did, you could certainly adopt that by approving a new resolution.
SPEAKER_41
04:50:21
Did you have a comment?
Mike Murphy
Assistant City Manager
04:50:24
I would have just said what Ms. Robertson said.
04:50:28
Anybody who's going to be in the role of Director of Emergency Management can fulfill a council desire to be advised any time this was exercised.
04:50:40
And I would just put out a caveat that should we be in a true state of emergency, that that may not be on the same timeline as it may be if it was exercised a week from now.
Mike Signer
Member, City Council
04:51:02
Yeah, but I think that's true.
04:51:04
I mean, these things move very quickly.
04:51:07
Last time, we convened a special session under that special authority that we had to allow the police chief to declare the curfew.
04:51:19
We did that within half an hour of that press conference on Saturday on the 12th.
04:51:24
So I mean, in an emergency situation, we'd all be ready to, if something was happening here that was bringing this
04:51:31
the terrain that the mayor's concerned about.
04:51:33
I'm not fixed on having there be a power in here to revoke a change, because I think we would still have that.
04:51:41
If something really extreme were happening, there was an abuse of power or something really that was concerning, we could just go into special session, I think, under some authority.
04:51:51
But the informing cast, I think, should be in here.
Wes Bellamy
Member, City Council
04:51:54
And I did similar.
Paige Rice
Clerk of Council
04:51:59
Just for a point of clarification, when you're talking about informing, is this before or after the agreement is executed, that you're informing Council?
Mike Signer
Member, City Council
04:52:07
After.
04:52:08
I would say after.
Kathy Galvin
Member, City Council
04:52:09
After.
04:52:09
They don't need permission.
04:52:10
You just need to be informed.
Mike Signer
Member, City Council
04:52:16
So the language would be something like, any exercise of the powers here to counsel
04:52:30
shall be informed, I would say, as soon as possible of any exercise of the powers hereto.
Nikuyah Walker
Mayor, City Council
04:52:42
Yeah, but that's leaving it to be defined by, I don't know.
04:52:47
You could say immediately.
Mike Signer
Member, City Council
04:52:48
Immediately.
04:52:48
You could say immediately.
04:52:49
Yeah, I mean, this is a big enough deal.
04:52:51
Immediately.
04:52:51
Okay, immediately.
04:52:52
Council shall be informed immediately of any exercise of the powers hereto.
04:53:01
OK. Sure.
Lisa Robertson
04:53:04
And I'll put that in right after.
04:53:09
The terms and conditions of the agreement shall be subject to the review and approval by the city attorney and the city's director of finance prior to signature period.
04:53:17
And then I'll insert the provision you just stated.
SPEAKER_41
04:53:23
OK.
Nikuyah Walker
Mayor, City Council
04:53:32
And the date, if it's the issues that we're not going to be in session, does the date have to go through the end?
Lisa Robertson
04:53:47
It does not.
04:53:50
What's the second council meeting?
04:53:52
You want to make it the 20th?
04:54:02
So I'll change August 31st to August 20th.
SPEAKER_41
04:54:07
OK. All right.
Heather Hill
Vice Mayor, City Council
04:54:15
So motion.
04:54:18
I move we adopt a resolution, a delegation of contracting authority to the director of emergency management with the amendments discussed.
04:54:26
Motion.
04:54:28
Second.
SPEAKER_41
04:54:28
Second.
04:54:30
And vote.
Nikuyah Walker
Mayor, City Council
04:54:43
All right, and then the review of discretionary process for non-profits.
04:54:56
And for some reason my PDF reader saw all of my notes or I don't have them.
04:55:02
But this isn't what
04:55:05
what we discussed.
04:55:06
No, I have it up.
04:55:07
It's just it's not in the way that I've taken notes on.
04:55:13
And we probably have to just pull this, I think.
04:55:17
Did you read it?
04:55:21
Yes.
04:55:22
You know, just being so we've already had an initial meeting the day after we Mr. Murphy was in the
OTHER BUSINESS: RESOLUTION: Review of discretionary funding process for nonprofits
Nikuyah Walker
Mayor, City Council
04:55:33
staff meeting that I had with them about the first steering committee meeting that was going to take place the next day.
04:55:45
So this seems, as it's written, that it's going to undo the steering committee that
04:55:54
in place that I was hoping for would be the steering committee that would lead this.
04:56:01
There were four staff members that participated that it was my understanding would continue as a part of that steering committee and
04:56:12
it seems like that's going to be undone and staff is going, you know, put in place this new process that's been clearly laid out and that a steering committee will be selected by then and then it will be council review of the process and there were already two council members committed to being a part of the steering committee process, myself and
04:56:39
Councilor Hill, so I didn't get this before it was uploaded in the packet and because I was away last week I was just doing most of this work over the weekend but once I started reading it it was just
04:56:58
it's clear that I think staff sees a different vision and so just had a lot of concerns.
Mike Murphy
Assistant City Manager
04:57:04
I know Madam Mayor my name's on this you know I wasn't really part of that group but I was the person who was going to be in town tonight so what I can say is that you know I think based on the timing
04:57:22
of when the application is typically released, if council might entertain endorsing really just the first paragraph of the recommendation, which is that in principle you believe this system needs review
04:57:37
and that you're going to basically hold agencies harmless in this next upcoming cycle at the level that they just got funded at and that you are going to undertake a comprehensive review of ABRT.
04:57:54
Now, how and who the members are of whatever group is constituted, I would
04:58:02
say we do need to keep in mind that the county is a partner in AVRT in the way we do it now, so you may need to expand your group to allow for some county membership, but that staff could easily come back to you and say this is the group and be in keeping with what your expectations were.
04:58:23
The question is
04:58:25
We would typically be educating the nonprofits in the same time frame that the next meeting happens and releasing the documents to them.
04:58:35
So it gets really tight if we don't decide that today and that they may need to start preparing an application.
04:58:43
So that's my only sensitivity on this for the staff that will be doing the process, but understand completely if you need to pull it entirely.
Mike Signer
Member, City Council
04:58:54
Sir, Murphy Mayup, can you explain why a consultant is necessary or recommended?
Mike Murphy
Assistant City Manager
04:59:07
I can say that we've done some overhauls in the past that were entirely staff and agency driven and there continue to be questions about that.
04:59:17
It may be that staff thought that this would be helpful.
04:59:19
It can certainly be done with or without a consultant if council has a concern.
Mike Signer
Member, City Council
04:59:24
It may be that it's really necessary.
04:59:28
I just know, you talked about what you hear running for this office, I heard so much
04:59:32
running for council concern about consultants.
04:59:35
And it just seems like in this area, it's fairly, I'm sure that it will be a fair amount of work, but it doesn't seem like it's, given the concern that we've heard about.
04:59:49
But if it is, then I'm not meaning to just blow it out.
Kathy Galvin
Member, City Council
04:59:52
Having another pair of outside eyes looking at the issue can sometimes be extremely helpful.
Nikuyah Walker
Mayor, City Council
04:59:59
It can be, but I think you,
05:00:01
You weren't a part of our group, but to just trust.
05:00:06
I think we have a very diverse group with a lot of specialty.
05:00:15
And Sally just left.
05:00:16
She walked out.
05:00:19
But Sally is at UVA.
05:00:24
Not bad, as well.
05:00:25
Great research oriented, I mean great with members.
05:00:32
She was a member of the ABRT process last year, her first time going through the cycle, and she actually spoke at the budget meeting when Holly Hatcher was there.
05:00:45
So she was one of the members.
05:00:47
Holly Hatcher is one of the members.
05:00:51
There are
05:00:53
two other professors affiliated with UVA, but then also some, you know, Joy Johnson is a member of the group, Lisa Woolfolk, who wasn't there that day, but Abel.
05:01:08
There's Diane McNeil, who's a retired attorney.
05:01:11
So it's a great, it's a different group of people than has traditionally
05:01:15
And Sally had a great idea for getting the non-profits on board to help because there had already been some discussions with some non-profits.
05:01:33
I've even had them.
05:01:35
but they didn't necessarily feel comfortable coming forward before they knew where the city council vision for the process was going.
05:01:47
So I think we have a really good group of people and then
05:01:55
and also two counselors who, on top of that, was committed to.
05:02:00
Andrea Douglas, Dolly Joseph was in the meeting, so it's a...
Mike Murphy
Assistant City Manager
05:02:07
I agree that the mayor's done a tremendous job attracting people to the conversation.
05:02:12
I would just reiterate that
05:02:16
Our approach has always been to share a joint application process with Albemarle County and if we're going to continue to do so going forward, I would just encourage us to either approach the Board of Supervisors and add some of them to the group since we have council members on it and see if they'd like to add to the group, no question that a good group of people has been recruited.
Nikuyah Walker
Mayor, City Council
05:02:41
and I spoke with Mr. Jones earlier today about the process so I think it's the understanding that staff was supposed to speak with the Board of Supervisors about this process and to see whether they were even on board with the change.
05:03:03
I thought something was going in front of them related to this.
Mike Murphy
Assistant City Manager
05:03:06
Maybe I misunderstood.
05:03:09
I believe that Mr. Walker was going to bring that forward, but we'll confirm that for you all tomorrow.
Kathy Galvin
Member, City Council
05:03:17
OK. All right.
05:03:17
That sounds very good.
05:03:18
Thank you.
Heather Hill
Vice Mayor, City Council
05:03:22
Thank you.
05:03:22
So you're comfortable with resolution understanding that that group of people can be aligned with what's been already proposed, obviously then engaging the county?
Nikuyah Walker
Mayor, City Council
05:03:36
engage in the county and also maybe you know for viewing this process to see if that is the process that the group desires.
05:03:53
And then we'll have to make a decision if the county and that was one of
05:03:59
Mr. Jones comments today if the county decided that this is not the direction they wanted to take, then we need to have some deeper discussions about what our next steps would be and whether we want to continue if they didn't want to go through the process.
05:04:18
Okay, so is there a motion?
Heather Hill
Vice Mayor, City Council
05:04:25
I move we adopt resolution authorizing review of the ABRT process of maintaining funding for currently funded organizations at the fiscal year 19 level.
05:04:35
Second.
SPEAKER_41
05:04:39
And vote.
05:04:45
All right.
05:04:47
And then we have a ordinance.
05:04:55
Do I have it?
05:05:02
Can I borrow yours?
05:05:03
I don't know.
05:05:06
Which one are you doing first?
05:05:08
You got Chris?
05:05:09
I've got two.
05:05:10
I don't know where we're going.
Heather Hill
Vice Mayor, City Council
05:05:16
I think we have a couple items under other business.
05:05:19
Let's start with this one.
SPEAKER_41
05:05:26
Okay, it's the CPC settlement agreement.
Chris Engel
Director of Economic Development
05:05:42
Good evening, Chris Engel, Director of Economic Development.
05:05:44
I'll be joined here by Rick Siebert, our parking manager.
05:05:48
We're here to speak with you tonight about a resolution of litigation with Charlottesville Parking Center.
05:05:54
regarding the Water Street Parking Garage.
05:05:57
You all are aware of this litigation that's been a little over two years.
05:06:00
We've been in this process and we're here tonight to recommend to you a settlement agreement.
OTHER BUSINESS: RESOLUTION: Charlottesville Parking Center Settlement Agreement
Chris Engel
Director of Economic Development
05:06:07
We just passed out an agenda item as well as a resolution that would authorize the city manager and mayor to sign the three documents that would make this resolution occur.
05:06:20
We briefed you earlier this evening.
05:06:22
We're happy to go into detail.
05:06:24
at a similar level or greater if you desire about the specifics.
05:06:29
But basically the settlement involves a purchase of spaces that were under contention between the city.
05:06:39
It was our counter suit against CPC to purchase spaces that we felt we had a right to purchase.
05:06:45
So there's a purchase of 73 spaces.
05:06:47
So we would become owners of those and then we would lease the remaining spaces.
05:06:52
ultimately resulting in full control of the Water Street parking garage by the city, able to control the operations and the rate structure therein.
05:07:03
Mr. Siebert has been involved in negotiating the details with CPC and their attorneys, along with our city attorney, Ms. Robertson, and can go into some of the details if you like, where we can simply answer questions.
Heather Hill
Vice Mayor, City Council
05:07:19
Mr. Signer, I know you weren't here earlier today, so this is the video.
Mike Signer
Member, City Council
05:07:23
That's OK. No, it's better getting it like this.
Wes Bellamy
Member, City Council
05:07:27
So essentially, just for the sake of the public, it appears on which the city is entering into an agreement with CPC that's going to alleviate what has been a multi-year back and forth in regards to the parking garages.
05:07:43
And some of the highlights include
05:07:48
duality, if you will, or both parking garages, both Market Street and, thank you, Water Street, it's late, I can't even think.
05:07:58
Market Street and Water Street having the same price will also continue the validation.
05:08:04
The city will be in management over, the space is correct, and this appears to be, in your opinion, a win for the city.
SPEAKER_48
05:08:15
Yes, there are three parts.
05:08:18
There's a sale of the 73 spaces, which was the specific performance that we required in our lawsuit against CPC.
05:08:29
Then there's the lease of the remaining spaces owned by CPC in the Water Street garage by the city so that the city would then have full control of all the parking units within the Water Street condominium.
05:08:44
We would then be able to set parking rates, hours of operation, and we would be able to set our own budget.
05:08:52
We would also experience some significant efficiencies of operation.
05:08:57
We would bring linear parking that currently operates the Market Street garage over to the Water Street garage to substitute for the CPC management of that garage.
05:09:10
and as I said, I think we gain significant efficiencies by doing so.
05:09:16
Based on that, the city should generate more revenue from the operation of the garage than we have through our partial ownership of the condominium over the last two historical years.
05:09:33
That's in addition to the fact that we would gain that control of the garage which I think is so important to the service to the public to be able to then have both garages fully operated by the city and operated under the exact same terms as we're currently operating Market Street.
05:09:53
And then the last document is simply the resolution of the lawsuits technically that talks about executing the other two agreements and holding each other harmless from the original suits.
Mike Signer
Member, City Council
05:10:12
I just want to say that Calvin and I have some scar tissue and war wounds from this.
05:10:21
And we have short memories sometimes
05:10:23
with some of the issues that come up.
05:10:24
This is the result of two years of tenacious
05:10:31
Long range, I mean, a lot of work.
Kathy Galvin
Member, City Council
05:10:34
All day long, mediated sessions.
Mike Signer
Member, City Council
05:10:36
Yeah, and you and I, we did a full day of press conferences.
05:10:39
You were on the negotiation teams, and we really decided to stick to our guns and stick up for this being a public good, a public asset.
05:10:49
And it was very difficult, and there was a lot of fighting from the other side.
05:10:56
There was a lot of scaremongering.
05:10:58
Some local journalistic outlets very willingly took that scaremongering on.
05:11:03
And the government stuck with it.
05:11:08
And you came on board and decided to make sure that this was a public good.
05:11:13
And this settlement represents, a couple of years later, a good result for the public on all fronts.
05:11:20
So thank you.
05:11:23
Ms. Galvin, do you want to say anything?
05:11:25
I can't answer that.
Kathy Galvin
Member, City Council
05:11:26
I just want to say great work.
05:11:28
Thank you for bringing it home.
05:11:31
It took a lot of effort.
Nikuyah Walker
Mayor, City Council
05:11:33
And are the positions, are they FTEs or are they temporary positions?
SPEAKER_48
05:11:41
First, the Water Street Garage is going to continue to be operated under the condominium regime.
05:11:48
That does not change.
05:11:50
We simply obtain the votes to completely control the parking units.
05:11:55
So the employees are intended to be hired by Lanier Parking.
05:12:02
who were formerly working for Charlottesville Parking Center, the management company, as differentiated from the owner of some of the spaces in the garage.
05:12:14
So we're going to transfer those employees over to the Lanier contract, but they will work for a private company, Lanier Parking.
05:12:25
Part of the agreement is that we will continue at the same wage or at a higher level than they're currently receiving.
05:12:35
So we are protecting those hourly employees.
05:12:39
There are a number of CPC employees in management positions whose positions will be terminated, but that's also agreed to in the lease and the resolution.
Nikuyah Walker
Mayor, City Council
05:12:55
So Lanier is contracted with the city?
SPEAKER_48
05:12:59
Currently Lanier is contracted with the city to operate the city-owned Market Street garage.
05:13:06
Our intention is for the same contract to be used as a model and for that contract to be accepted by the condominium association in accordance with its bylaws.
Nikuyah Walker
Mayor, City Council
05:13:19
So for both sets of employees, are they part-time, temporary staff?
SPEAKER_48
05:13:28
Some of them are full-time, some of them are part-time, all of them are under the city's living wage.
05:13:37
There is no employee of Lanier working on the city contract or who will be working under the contract with the Water Street Condominium Association that will be making less than the city minimum wage.
Nikuyah Walker
Mayor, City Council
05:13:51
But do they receive benefits?
SPEAKER_48
05:13:53
Yes, they do.
Nikuyah Walker
Mayor, City Council
05:13:54
OK. All right.
Mike Signer
Member, City Council
05:13:58
and we get to set the rates and the garage is not going to be sold to a hedge fund converted not anytime soon, up to 25 years.
Chris Engel
Director of Economic Development
05:14:07
The lease is for 16 years plus two times.
Mike Signer
Member, City Council
05:14:10
And that's what we wanted all the way along.
Kathy Galvin
Member, City Council
05:14:12
It's got everything.
05:14:13
That's what we wanted.
05:14:13
Is there a motion?
Mike Signer
Member, City Council
05:14:15
I would like to move the approval of this resolution.
05:14:25
I would like to be resolved by the City Council of the City of Charlottesville, Virginia that City Council does hereby approve the settlement of the lawsuit pending in Charlottesville City Circuit Court between Charlottesville Parking Center Incorporated.
05:14:36
The City of Charlottesville has set forth within the settlement agreement made as of June 29, 2018.
05:14:40
And in connection with the settlement, the City Council hereby authorizes the city manager to execute the settlement agreement on behalf of the city, authorizes the city manager to execute the real estate purchase agreement,
05:14:50
and authorizes, made as of June 29, 2018, attached as exhibit A, and authorizes the mayor to execute the deed of lease, made as of June 30, 2018, attached as exhibit B.
Kathy Galvin
Member, City Council
05:15:01
Second.
SPEAKER_41
05:15:03
All right, vote.
05:15:06
Okay.
05:15:08
Bravo.
05:15:08
Five to zero.
05:15:09
Bravo.
SPEAKER_05
05:15:12
Thank you.
05:15:13
Now the work is done.
SPEAKER_41
05:15:15
Yeah.
05:15:17
All right, and now we have one more.
Lisa Robertson
05:15:21
This is an ordinance proposing to amend and re-ordain section 2-41 of the Charlottesville City Code governing the place and time of regular city council meetings.
OTHER BUSINESS: ORDINANCE: Amending Code Governing the Place and Time of Regular City Council Meetings
Lisa Robertson
05:15:50
and the proposal is to amend section 2-41 to provide that a majority of the city council could take action by motion or resolution to cancel any regular meeting of city council.
05:16:09
and so if you would like to adopt this ordinance, there's no public hearing requirement associated with this type of ordinance, so you may adopt it and if you would like to waive the second reading, you may do that as well.
Nikuyah Walker
Mayor, City Council
05:16:25
So I have one question for Council, just or something for us to think about.
05:16:34
Just based on the events of, you know, that we are preparing for, is this something that we want to move to September?
05:16:47
Or are we open to, I mean, is that possible?
05:16:53
Or do you all just want to keep the... You mean for when we're off?
05:17:03
Well, I know you'll be traveling.
SPEAKER_41
05:17:05
Is anyone else out of town?
Nikuyah Walker
Mayor, City Council
05:17:09
I could be back if we need four of us.
Heather Hill
Vice Mayor, City Council
05:17:15
I'm sorry.
05:17:15
I didn't understand.
05:17:16
I mean, that was something that we voted on in January.
05:17:19
I thought that was a decision that was made.
05:17:21
And so that's why there was such a short window to plan any travel.
05:17:24
And I'm coming back like the day after.
Kathy Galvin
Member, City Council
05:17:26
This is coordinated with family in Massachusetts, so I can't.
Mike Signer
Member, City Council
05:17:32
I have a technical, legal question about whether we actually need to do this.
05:17:38
I know it says council shall hold regular meetings, but it would seem that if we didn't have a quorum or something, if everybody had the flu, we wouldn't be in violation of the ordinance.
05:17:52
We couldn't have a meeting on the first Monday.
05:17:54
It seems like when you're governing yourself, it's not,
05:17:59
I understand the argument of the citizen who brought this forward, but it just doesn't feel exactly right to me that we would have to specifically amend it.
Lisa Robertson
05:18:10
So I know what you're saying, and that's been Council's position for a number of years, but this is particularly bothersome to this one person who points out that the charter provision
05:18:25
states that you set the dates and times of your meeting by adopting an ordinance.
05:18:32
So I'm not disagreeing with you, Councilor Signer.
05:18:36
I think that if you can adopt this ordinance implementing this, you're certainly in control of your own public meeting schedule.
05:18:47
But there's also a notion that, I suppose, that
05:18:53
by adopting it by ordinance that seems to fix it.
05:18:58
And people can know that unless you take more formal action, you're going to have your regular meetings all the time.
05:19:06
But you have all historically taken the first meeting off in August, as long as I can remember.
05:19:14
So I think that most of the public anticipates that.
Mike Signer
Member, City Council
05:19:19
Can we make me feel better instead of Madam Mayor?
05:19:23
instead of it saying to cancel any such regular meeting it just said otherwise or unless the majority of the council takes action by motion or resolution otherwise because we can it just seems like we've had discussions here about adding
Heather Hill
Vice Mayor, City Council
05:19:43
Is it open to adding meetings, taking away meetings?
Mike Signer
Member, City Council
05:19:46
Yeah, we could just open it up.
05:19:48
It's not canceling a regular meeting because then that means if it's canceled, what if we want it?
05:19:54
We shouldn't have to come back to this.
Heather Hill
Vice Mayor, City Council
05:19:58
I think he's just trying to say that we also might make the decision that we add a meeting, and so that's not particularly laid out here.
05:20:05
So it gives us the flexibility to change the schedule as we see fit.
05:20:09
Right.
Lisa Robertson
05:20:10
but we probably won't but so we are talking about just this specific or I think that it would be perhaps a little bit clearer to to if you want to say that you would also could also add a meeting just to say that at the end so unless the majority of the City Council takes action by motion or resolution to cancel any such regular meeting
05:20:37
Well, do you want to have to add a meeting by motion or resolution?
Mike Murphy
Assistant City Manager
05:20:43
Ms. Robertson, isn't it already codified that the council, with appropriate public notice, can call a meeting at any time?
Lisa Robertson
05:20:50
So I don't know what the addition is.
05:20:52
Yes.
05:20:54
So just as it is, to cancel.
05:20:56
It's the cancellation that has been problematic for the person who has asked you to correct this.
SPEAKER_39
05:21:05
So there was also an issue when we moved our council meeting from the July 4th, Monday, it fell like right on that and we moved it to the Wednesday night last year.
05:21:15
So I don't know if this would contemplate that as well.
Lisa Robertson
05:21:21
To cancel or move the date of any such regular meeting.
05:21:26
Okay.
05:21:26
How about that?
05:21:27
All right, that sounds good.
Mike Signer
Member, City Council
05:21:28
Yes, cancel or move the date of.
SPEAKER_41
05:21:31
Nope, that was good.
Heather Hill
Vice Mayor, City Council
05:21:35
OK.
05:21:35
So I'm going to make a motion to waive the second reading first.
05:21:39
I make a motion to waive the second reading of this ordinance.
05:21:42
Second.
05:21:42
Second.
Nikuyah Walker
Mayor, City Council
05:21:45
All right.
05:21:48
It carries 5 to 0.
Heather Hill
Vice Mayor, City Council
05:21:51
Making a motion to adopt the ordinance amending and re-ordaining section 2-41 of Article 2 Chapter 2 of the Code of the City of Charlottesville as amended related to the time and place of city council meetings.
Mike Signer
Member, City Council
05:22:03
Second.
SPEAKER_41
05:22:06
Any further discussion?
05:22:11
Carries five to zero.
Nikuyah Walker
Mayor, City Council
05:22:15
All right.
MATTERS BY THE PUBLIC
Nikuyah Walker
Mayor, City Council
05:22:18
So we are back to matters by the public.
05:22:23
Is there anyone that would like to speak?
SPEAKER_13
05:22:34
I'm Elliot Brown.
05:22:34
I live in Charlottesville.
05:22:36
I heard you when you said having a meeting next time and rescheduling y'all's day off in September.
05:22:42
Y'all deserve a day off.
05:22:43
But it would be pretty important to the world right now, I think, in Charlottesville to have another meeting between now and then.
RaShall Brackney
Chief of Police
05:22:50
And August 12th weekend.
SPEAKER_13
05:22:53
Thank you.
SPEAKER_19
05:22:58
I'm Rolf Braun.
05:22:59
I live in Charlottesville.
05:23:00
The first issue I want to raise is one I wish I did not have to raise, but for August 11th and 12th we've heard a lot about who will be doing what security-wise, and a lot about procedures, and some of that is theater, and I know I saw with Tom Thomas Spring, some security theater, you know, you have to walk in through certain paths and such, but the barriers they had were flimsy.
05:23:27
They wouldn't have protected a pedestrian from a vehicle.
05:23:31
And last year we had the problem that when the police officer felt scared and had to move her vehicle, the only thing protecting 4th Street was a plastic salt horse.
05:23:40
And I want to ask if the city traffic department and engineers have looked into buying or leasing enough
05:23:50
Jersey barriers, water barriers, other obstructions, traffic control devices, so that it is not up to a plastic sawhorse or a police officer who doesn't want to be there or a city employee in a pickup truck who doesn't want to be there to make sure that, as you said, there is no mixing of pedestrian with potentially malicious vehicle traffic.
05:24:19
We should never have something like that happen again and we should not be relying on one city employee in a police car or pickup truck to be protecting from that when every construction site I walk by has more equipment than that.
05:24:37
Regarding, I had some comments on the mayor-council thing but they're too complicated for now.
05:24:43
And I did want to say I don't like the idea of a word system.
05:24:46
And Joe Thomas said, well, you know, Dave Toscano likes the Voting Rights Act.
05:24:51
And the Voting Rights Act says maybe sometimes at large, but it's actually a complicated issue.
05:24:55
It doesn't work.
05:24:56
But in fact, Dave Toscano is in a district.
05:25:01
A lot of people feel maybe he's a liberal line.
05:25:04
I feel he's a conservative power broker.
05:25:06
A lot of people on both sides don't feel well represented by people in a district.
05:25:11
and it's a basic principle of modern political science that districts, a lot of people's votes are wasted in the district, just as they are at large.
05:25:23
I would say if the city did go to wards to have proper representation, you'd need at least nine people, probably more on city council to avoid the kind of shenanigans and gerrymandering that usually happen with districts.
05:25:34
And if you write a modern constitution, a national constitution, most of them don't, a lot of them do not have
05:25:41
single member districts first passed the post in their national or state legislatures.
05:25:46
I would urge if the city does feel that at large does not adequately represent the city residents, that you instead petition the state government to allow for proportional representation by the single transferable vote.
05:26:01
And you could have better representation with five or seven people than you'd have with nine or 11 in single member districts.
05:26:09
Thank you.
SPEAKER_41
05:26:15
Good morning.
SPEAKER_35
05:26:16
Hi.
05:26:20
I saw no one was here, so I was like, I've got to say something, right?
05:26:23
I'm Anna.
05:26:25
I'm your worst nightmare.
05:26:29
No, I actually came up here because I haven't seen you guys in a while.
05:26:34
And last time I did, I was talking about my PTSD from the cops manhandling me on July 8.
05:26:42
And I don't come to these things anymore because of that.
05:26:46
and I really just, I like came from work and stopped in to like see what was going on here and I was really disappointed that you guys passed an ordinance that I feel put more hands into the power, or more power in the hands of the police and less power in the hands of community citizens and individuals when it came to the ordinance about if the police think that something's
05:27:14
like a non-permitted just group of people can now be subject to whether or not certain items are allowed or not allowed.
05:27:26
I've been at places where the police have decided that my cane for like a disability is actually like seen as a weapon so and I don't really trust the police because of my past interactions and seeing what they did to the eight community defenders who were
05:27:43
protesting the wrongful conviction of Corey Long and the way that they manhandled them.
05:27:50
I just don't understand why you guys keep putting more power into their hands and keep trusting them.
05:27:58
And I understand that you're trying to cover your butts, but there's a lot of ways without having to shift power towards a really large institution with historical racism
05:28:12
that has never proven itself to be effective in this city at all.
05:28:16
And I just urge you to think a little bit more when you have these upcoming, like you say, you convene if stuff happens, like really quickly, right?
05:28:24
Within a half hour, you said, Mike.
05:28:27
Think about what you're doing when you say, OK, VSP, you're going to take charge, AP, you're going to take charge, and how a lot of times,
05:28:36
That doesn't come back on the Nazis.
05:28:38
It doesn't come back on the fascists.
05:28:40
It comes back on the counter protesters.
05:28:42
So I would just be remiss if I didn't come up and say that in good faith.
05:28:48
And I really hope you guys make good decisions with upcoming events.
SPEAKER_41
05:28:53
Thank you.
05:28:54
Thank you.
05:28:57
Anyone else?
Wes Bellamy
Member, City Council
05:29:02
My name is Bernie Collins.
05:29:03
I have two kids.
05:29:05
You not coming?
05:29:06
Oh, I said it for you.
05:29:08
No, I was just kidding.
05:29:10
I was just kidding.
05:29:12
I was just kidding.
SPEAKER_41
05:29:14
No way.
Wes Bellamy
Member, City Council
05:29:15
Look at the look on their faces.
SPEAKER_24
05:29:17
I'm Brandon Collins.
05:29:18
I lived in Charlottesville my entire life.
05:29:20
I have three children, one of whom delivered me French fries earlier because he was curious how city council worked.
05:29:26
And he should have shaken his fist at you guys and said power to the people.
05:29:33
Since you asked, I think a lot of the comments about what's coming up in the weeks ahead, I hope you all take into consideration.
05:29:43
One thing that always bothered me about last year that I feel like I didn't articulate in advance as much as I should was that this body, and really the entire city, the entire city staff, needs to stand up for the people of Charlottesville, stand with us.
05:30:02
Right?
05:30:02
It's not just about making sure we're safe.
05:30:05
It's not just about making sure your police behave, you know, the way they probably should or shouldn't.
05:30:12
It's about getting in the streets and saying to these knuckleheads, I'm not going to use an adjective, but go home.
05:30:21
We don't want you here.
05:30:23
This is not a place for you.
05:30:24
And that means every single one of you in the streets, particularly those of you who have more privilege than others,
05:30:32
humbly get out in the streets and confront these guys.
05:30:35
If they don't show up, that you're still in the streets humbly standing with this community and standing up with this community.
05:30:44
I think that that's something that we wanted in the past that we didn't get and you now have the opportunity to do that.
05:30:51
On the other stuff, our award system, I totally agree.
05:30:55
I think as we look at these philosophies of deconcentration of poverty in particular, what happens is you also deconcentrate political power from people living in neighborhoods who already have a power imbalance in their neighborhoods.
05:31:09
Even when there are high concentrations of power, there's still an imbalance.
05:31:15
So if a strategy of deconcentration is pursued,
05:31:21
then that means a weakening of political power for folks who honestly need more access to political power.
05:31:27
So that's something to consider if you're considering award systems.
05:31:32
I think if the trend of gentrification similarly continues, if we, you know, pursue that then again what you're doing is you're going to dilute political power because of award system unless you have like
05:31:48
a million wards.
05:31:49
And I think you can look at other cities, you can look at strong mayor systems, you can look at ward systems.
05:31:57
You can see there's a whole lot of room for corruption.
05:32:00
I know there still exists room for corruption in a system we have now, but I think as money becomes tighter and as neighborhoods maybe get smaller and power gets congealed in these smaller neighborhoods that you're opening up a lot more corruption.
05:32:14
And ultimately, I think poor people would lose out.
05:32:18
It's worth discussing.
Heather Hill
Vice Mayor, City Council
05:32:20
All right.
05:32:21
Thank you.
05:32:22
Anyone else?
05:32:24
All right.
05:32:25
So I have a motion for us to go into closed session.
05:32:30
OK. Pursuant to section 2.23712 of the Virginia Code, I hereby move that the city council close this open meeting and convene in closed session for the following purposes.
05:32:40
As authorized by Virginia Code section 2 to 3711 A1 for interviews, discussion, and consideration of prospective candidates for appointment to the position of city attorney.
05:32:50
Is there a second?
05:32:54
All in favor?
05:32:55
Aye.