City Council Meeting   10/4/2010

I'm

Thank you

I'd like to call this meeting to order and we're going to start with the Pledge of Allegiance.

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.

Dr. Brown?

Here.

I believe Ms. Edwards, you have a couple other announcements?

on the field, you know, it takes a lot of heart to do that, so just remember to keep the Black Knights as part of our community pride as well.

The first person who signed up to speak is Liz Palmer.

Thank you very much.

Jim Nix.

Thank you.

Collette Hall.

And I'm going to hand you this so you'll be able to respond to all that information.

Daniel Blissdome.

So thanks very much for making this possible.

Downing Smith.

Thank you.

Bruce O'Dell.

Hi, yes, my name is Bruce Sodell.

Thank you very much.

Eddie Banks.

The first letter, victory over trouble earth.

Everybody got to vote.

Mayor, your Honor, sir, Eddie Banks reporting to do his will.

Appreciate it.

Can I have a cookie, please?

Rebecca Quinn.

that the city be included in all email correspondence between Rivanna and the ITRT, that all materials provided to the ITRT be made available to the public, that the city see all draft materials developed for or by the ITRT, and that the ITRT workshops or meetings or whatever they may be called, whether held here in Charlottesville by conference call or by webinar, be open to public observation.

Thank you, Ms. Quinn.

Thank you very much.

Dee Dee Smith.

Thank you.

Melanie Miller.

Thanks.

And finally, Stratton Salitas.

Thank you very much.

Ms. Salidas.

Thanks.

I'm going to enjoy the book a lot more, so thank you.

Thank you.

Mr. Huja, anything?

Dr. Brown.

Jackie Lichtman, Morgan Mackenzie-Perkins, Debra Prom, Karen Sheppard, Bob Stroh and Heather Walker, to the Board of Architectural Review, Candace DeLoach, to the Jaunt Board, Raymond Herron, to the Police Advisory Committee, Quinton Harrell, Ida Lewis, and Lindell Von Schill, to the PVCC Board, Sean McCord, and to the Regional Disability Service Board, Suzanne Winter Austin.

The first committee you mentioned will be added on future also.

You said 250 years celebration committee.

We're going to continue to take applications for that committee.

I thought I'd left a name off there.

Are there any items to be removed for further discussion or any comments or questions or a motion to approve the consent agenda?

item I is a special use permit on 850 Estes Street and I want to say that as a result of a good working in the neighborhood we get a better plan than we had originally.

I agree.

Any other comments or a motion to approve?

I'll move that we approve the whole consent agenda.

And here to present is the fine leader of said college, Dr. Frank Friedman.

So that gives you a little coming attraction and a review of last year and I'd be glad to take any of your questions or comments or even complaints.

Questions?

And do you set those enrollment targets or do you just sort of take what comes?

They have helped us expand those programs because they've wanted more graduates to come through the programs.

People have decided to, not put off, but to come back to school.

And with our students, it's going to be about a third or something like that of the graduates.

Are your board meetings open to the public?

Oh yes.

So how would the public find out when the board meetings are and how do you post them?

I'd have to talk with our PR folks and marketing folks how those are handled.

Okay.

But I know the media knows because our friends over there are always there.

What is your relationship with the One Stop Center now that you have a career?

And whereas nobody's going to force them to look at PVCC, we want to at least make them aware of what we offer.

How long do you think the average person has to wait until they get admitted?

and that's why when we started that a year ago I was really pleased.

So if I apply to the program

But then for the next year's class you have to reapply.

The LPN program, is there an LPN, the RN program?

The LPN can bridge in and finish the program in one year.

I mean, what would you need?

I don't know how much they could expand our options there.

In that relationship with Augusta Medical Center?

We can continue to try to do that, although again there are certain, I guess it's some of the more acute cases, they can only get here due to the level of the hospital.

So if there's an opportunity, again, if you form a task force or some other group to look at the recruitment of citizens in the city, let me know.

So I welcome your involvement.

Do you know much?

I'm hoping in conjunction with that White House Summit tomorrow maybe we'll get some more announcements out of the leadership.

Keep up the great work.

We'll leave materials, our annual reports in there and I hope you'll take a look and as always you know where to find me.

Lieutenant Roberts.

We've had one funeral escort that was requested within the last two weeks from four to five a day, which does allow the personnel to continue their efforts in providing the services to the city and the neighborhoods that have requested it.

Any questions or comments for Lieutenant Rogers?

That's all.

And they're willing to pay for the...

Yes, sir.

your professional expertise in it but I think that it really is too bad that as a society that we have come to a place where this can't be done as a measure of respect without endangering our officers and I think it's really too bad.

Isn't one of the issues that you're having to grapple with that people's attitudes, other drivers' attitudes have changed?

That's the key.

They're just giving directions to the same place.

And you're really only saving a couple extra minutes by getting there and going with the normal flow of traffic.

the dead as we used to as a society and I know my, you know, relatives of mine who've passed and we've had the processions in other parts of the country, smaller towns, people still do pull over, it's still part of the culture and I think we're losing that and that's a sad thing but again, I agree, I would defer to your professional, you know, judgment on this and any other comments or questions?

This department estimates it loses between 100 to 150,000 in parking fines each year.

They've actually lost that entire time of having to go back and restart their chalking period again with all the vehicles that are parked in those two hour zones.

And if it really makes it a budgetary impact, there would be a way to just keep a record of that data.

I certainly can do that for you.

It requires payment but still it will affect the parking still in the sense that there will be a way.

It's before us tonight, the first of two readings and here to present is Mary Joy Scala.

I'd be happy to answer any questions.

And how would that be decided in a case like that?

There's been a lot of thought and discussion about that and so I can just, that's all.

Thanks.

I would be supportive of this resolution.

I just don't see any downsides to it, and I really would, again, like to thank the neighborhood for bringing this to us so quickly, and I'm completely in support of it.

No comments, let me just move it to the second reading.

You're making a motion?

I'd like to second.

Next item on our agenda tonight is a report on the city's response to microburst storms this summer in Maurice Jones.

Chief Warner.

So with that, I'm going to turn it over to

And in all honesty, there's just no way I can catch up before, you know, we start leaf season November, first week in November.

There'll be less leaves this year.

And Charles and I are happy to answer any questions.

32 houses significantly damaged, 3 that were condemned.

You know, I think people who didn't live in the affected neighborhoods couldn't really have a sense of what it was like in some of our neighborhoods.

So there is a benefit of paying taxes in the city.

I also lived in an affected neighborhood and although our house didn't have enough trees to be affected a lot of our neighbors did and I just saw the work that people were doing with the city to clean it up and not only doing the work but doing it with a goodwill and like you know waving at people as they walk by and chatting you know not stopping work but you know just being really good-natured about it so I appreciated that too.

So the bad news is if we have another one like this, those of you that had damage are probably going to have damage again.

But what would be like the top three things that as citizens we could do to take care of ourselves and our neighbors?

I think those are kind of the three things that I would suggest.

And then, in addition, folks were very patient, because they understood how difficult this storm was, and they were very patient and helpful, and that helps a lot from a staff perspective as well.

Characterization and so why is that and what can we do about it?

But I don't know if it's a fair assessment.

And I think that once we get our communications even better, we can do a better job.

I think underground power lines are probably the solution, but that's a huge... Well, it's a huge cost.

And the other problem you have, though, is if you have a problem with your wiring, it's that much more expensive to fix.

Right.

Or to find.

The last item on our regular business agenda tonight is a report and an ordinance amendment to the driveway regulations, first of two readings, Nick Rogers.

I'd be happy to answer any questions.

So just from a process perspective then, if this is denied, I assume is the thought then that it would go back for further revision or did the Planning Commission essentially say that's the end of the road?

I think they were looking for this to be sort of the final statement on this topic.

And if this is denied, then what's the recourse, for instance, for the household on Locust Avenue?

The property owner would receive a notice of violation from the zoning administrator, and then the property owner would work with our staff to come up with a design solution for their improvements that would meet the zoning code's requirements for that 25%.

Yes, sir.

The current standard allows sufficient space for parking and they can go to one of the many appearances at hardship.

Other comments or questions?

I agree.

What exactly are we being asked to do tonight?

Yes, sir.

Is there a second on that motion?

Mr. Jones, do you want to?

Mr. Mayor.

and what kind of provisions do we want to put in place both with that process and with the Black & Veatch study or the review of the Black & Veatch work to ensure full transparency and accountability.

and that's why we agreed to as majority of the council I think at that time and I still support that.

And so, now those are all assumptions, those are not what Carla was doing.

I recognize why some people want us to keep on to it because I think if we control it we can decide how it goes but I think that for our rate payers and or our taxpayers or whoever ends up paying for that I think that that's asking a lot.

And if you're going to have part of the water plan, there's a water body who are organizing it, and you can be watchful with our staff and involved in that process of RFP, so make sure that it goes well.

I agree.

But we had a review committee where we appointed a couple of citizens to sit on that committee and I think everybody felt like that was a good process and made sure that the city's interests were safeguarded and there was more accountability and transparency in that process.

But I'm not interested in throwing a new wrinkle into this that wasn't discussed at the last meeting.

Again, I think the process that was used for the dredging feasibility study is one that everybody seemed to agree worked well and I don't see that as an undue burden or even necessarily a new

Are you suggesting that the committee be city as well as the county board?

It was Rivanna led.

I'm not sure who was appointed on the committee.

Do you remember who else?

Who were the county representatives?

Do you remember who Albemarle County Service Authority I believe had?

Who were the citizen members from Albemarle County?

They didn't appoint any city, they didn't ask to them.

I'm not interested in that myself, but I'll defer to the majority of counsel.

I think if the Rivanna board was willing to do something like that and make it part of the project, I would have no objection to it, but I don't think it's something that I want to impose as the city on it.

And again, and correct me if I'm wrong, for those who are in the room, the Rivanna board would actually, frankly, wouldn't have even argued, I think, with the city.

Well, if we paid for it, but I'm not sure, that's what I mean, I'm not sure I would want it to be our thing to be paid for.

So you're saying as long as the Rivanna board doesn't object, you're okay using the same process?

No, I don't think that the process should include the city having to pay for it.

In terms of using the same committee.

I mean, that's what I'm saying.

We are the Rivanna board.

If the Rivanna board comes back affirmatively saying, yes, they would like to have this structure, I'd agree with you.

I don't think we should make it a condition of our agreement, at least personally.

Judy's not here.

So I'm just concerned about the staff feeling supported well in this endeavor because this will be a stretch for them.

Staff works for us and I think they're going to be responsible to us.

And they probably would contract with HDR Engineering to provide some of that expertise and assistance.

And they'll be fine.

I think that's what I'm hearing is that you want to make sure that Rivanna or that the county is not seeing this as an undue imposition.

Ultimately, it is a public process because it's a public RFP using public money.

So it can be brought up, but I don't think it's Council's position that we're asking them to do this, but we're comfortable with it, if that's decided, it's a good way to move forward.

So you're okay if I propose it, as long as it's clear that I'm not... You're not speaking on it.

It's a nuance, but I'm sure between the two of you, you'll be able to convey it well.

I just want to make sure that they're well supported as we continue this journey.

They're buying equipment and managing it, and I've just asked them to do a little research and see what the pros and cons have been of that approach so that we have that as an option to consider.

There are plenty of private contractors who can do that.

And would this be for the city to provide the service?

Well it's either the city or Rivanna.

So in some ways you're getting this information, the city's spending staff time getting this information to provide to Rivanna?

And with the Black and Beach study, I know we're moving forward on the next phase of the Black and Beach study.

Well, I believe what we're doing, what we'll do is we'll present the Black & Veatch Study to the RTRT and then they will give us their feedback on it and at that point council will make a decision as to how you'd like to move forward with the potential for moving forward on the next phase of the Black & Veatch Study.

It's less easy to second or to

Okay, thank you.

Okay, any other thought, was there any other sort of decision or guidance you were looking for on the water supply issue tonight?

I think we know how to move forward.

I think it's important that we do go on record in that regard rather than this being sort of a decision that's made informally or without public action.

Maybe you can share that with the public, if you are willing to.

So I think that's the substance of how I'll respond to Mr. Huja.

I think that's fine, yes.

I would agree with that approach.

just to let us know and I think that I agree that to just kind of vote you know just reaffirm that intent would be a good idea in public.

Is there a second?

I would second.

Or do you think it would be?

and the latest communication that I've seen from the Department of Transportation is that once the reconstruction of East Rile Road between Dunlora and Penn Park Lane is complete, they will close the parkway and they don't have any plans on reopening it until the entire project is complete.

setting any kind of precedent if we were to allow a temporary opening could VDOT at some point in the future come back and say that created a condition that

I don't know how to phrase this, but there's a presumption there that... That would support an argument for a permanent opening for it?

Correct.

I don't know.

Who made the motion?

Mr. Brown, do you have any comment?

anticipated to take approximately six weeks after which the parkway will be closed.

So I would say for the duration of six weeks bothers me.

Well, you said anticipated to take approximately six weeks.

You know, if winter comes early and it's like last year, then that may throw it behind, but I think it sounds like what you want to convey is that you're okay with the parkway opening on a temporary basis only for so long as it takes to do this reconstruction piece on East Fry Road.

Thank you very much.

And if so, maybe we could have staff look into whether that's feasible, legal, you know, does it compete with other good ideas, things like that.

You're asking that we look into that?

I think it can easily have lots of implications or not be entirely legal or we already got the money decided for other things, but it does seem to me there are an awful lot of people who have lost trees and we would like to encourage them to immediately replace those trees if possible.

And I think this might be another good opportunity to also explore the tree commission that we had talked about creating.

I'm not sure if we'll be able to get all the facts together concerning a planting program, but we'll try our best.

And I know talking with some builders, I mean, there's a lot of variety in a lot of the trees that, you know, some varieties of oaks, for example, are much less likely to have a problem than others.

Mr. Klayman.

in making changes to the ordinance that was approved on June 2, 2008.

Thank you very much.

I don't know if he's still...

He's still working for the state.

Thank you.

Thank you, Ms. Hall.

Thank you.

Thank you, Ms. Murray.

Thank you.

Thank you.

Thank you.

Mr. Nix.

Thank you.

Thank you very much.

Dr. Michael Kochis