Month: December 2005

Tuesday, December 20

Charter school proposed for troubled students

Tonight, the Charlottesville City School Board heard a proposal for a charter school, grades 5 through 8. The proposal, advanced by Bobbi Snow, addresses the needs of kids having the most trouble in school—typically two years or more behind their classmates. Snow has already squared away a three-year, $450,000 federal grant for the project. She wants the school board to contribute $10,000 per student, with a first-year class of 60 students (that would equal just more than 1 percent of the ’05-’06 schools budget). At tonight’s meeting, board members seemed keen on some parts of the proposal (an arts curriculum) but they were sketched by the idea of spending up to $600,000 on so few students. Question: How much is too much to spend on the neediest kids?

Wednesday, December 21

Santa to vandals: You don’t even deserve coal

Four days before Christmas some Downtown residents who had parked on the street the night before awakened to slashed tires. According to City spokesperson Ric Barrick, the first call came in at 3am this morning. By Wednesday afternoon, there had been 10 reports of vandalized cars between the 200 and 600 blocks of E. High Street. As of press time there were no leads and no suspects.

Thursday, December 22

Deeds accepts loss in Attorney General race

Today Bath County Senator Creigh Deeds conceded the Attorney General race after a recount determined that Republican Bob McDonnell did, in fact, win. After the November 8 election, the State certified McDonnell as the winner by a scant 323 votes out of more than 1.9 million cast—a margin of about .017 percent. On Tuesday, vote totals were rechecked in 134 localities; Richmond Circuit Court ordered a hand count in 10 precincts because of problems with voting equipment. After the recount, reports indicated McDonnell actually picked up 37 votes, giving him a 360-vote margin of victory, the closest in modern Virginia history. State law says taxpayers foot the bill for a recount if the margin of victory is less than 0.5 percent, although the candidates must pay their own attorney fees.

Exploding dye sort of thwarts bank heist

Today a SunTrust bank teller slipped an exploding dye device into a bag of cash, stealing some of a bank robber’s thunder. At about 2:30pm, a 6′ white male wearing sunglasses and a dark coat entered the bank on Ivy Road and demanded money. He fled with an undisclosed amount of cash, but he had to drop some of it when the dye-pack exploded via radio transmitter. Witness-es say the man left the scene in a white vehicle, according to police.

Friday, December 23

Warner acts to save roadless areas

Today outgoing Governor Mark Warner asked the U.S. Forest Service to reinstate Clinton-era protections on Virginia’s sweetest national forests. In July, President Bush opened 60 million acres of America’s national forests to mining and development. The Commonwealth devotes 1.8 million acres to national forests, with 387,000 acres of undeveloped wilderness—more than any other state east of the Mississippi. Bush’s policy means governors have to beg the Forest Service to preserve their states’ forests, and Warner is apparently the first to do so. Given the record number of public comments supporting Clinton’s preservation policy, Warner’s move marks yet another positive talking point for the would-be presidential candidate.

Written by John Borgmeyer from staff and news reports.

Meet the activist
Ridge Street’s Antoinette Roades speaks on fighting big developers

As Southern Development proceeds with a 28-unit residential project called “Old Towne” at the corner of Ridge Street and Cherry Avenue, Oak Street resident Antoinette Roades has led neighborhood opposition. Her voluminous correspondence with City and State officials includes deep historical references that produced evidence of an old graveyard on the site and the history of certain trees, distinguishing her efforts from the normal NIMBY noise. Roades is a writer, journalist and fourth-generation Charlottesvillian who knows how to fight the power. In an interview via e-mail, she shared some of her secrets.—John Borgmeyer

C-VILLE: How did you get started fighting Southern Development’s project on Ridge/Cherry?

Antoinette Roades: In a way, we started the moment we moved over here in 1987. We saw that the five parcels that make up this property constituted a treasure. When we found that it was overzoned, we knew it was in trouble. We saw Southern Development’s plans for the first time in May 2004. They were really distressing.

Many citizens complain that development comes as a surprise. How would you improve citizen involvement?

My opinion is that we should understand that both City staff members and Councilors work for us, but developers do not. So we should constantly make City officials aware of what we value, like trees, greenspace and historical resources.

   We should do our homework, which includes reading relevant ordinances, keeping up with proposed rule changes and developer applications. We should establish lines of communication with key City decision-makers. Also, we should get over the idea that only neighborhood associations or task forces can speak for us. Each of us is equally entitled to direct access to City Hall.

What have you learned about development politics by working on this case?

I’ve always known that anyone pursuing a good cause can enlist allies who’re not personally affected by the challenge at hand. You just have to ask.

   Early in this fight, Ben Ford, an archaeologist by profession, helped by putting on the public record Preservation Piedmont’s concerns about the project. That took some of our objections out of the NIMBY category and made them matters of larger principal. And Doug Coleman, executive director of the Wintergreen Nature Foundation, helped immensely in July ‘04 by agreeing to guide a walk-around of the property. Seeing it through his eyes really galvanized those who took part.

   We asked for City support. It came late, but it did come. In fact, [Neighborhood Services Director] Jim Tolbert knocked our collective socks off in November when he put Southern Development on official notice that the site is “sensitive” and that there’d be no free passes on this one. Obviously, he was listening.

   I’d gotten in touch with both the U.S. Army Corps of Engineers and the Virginia Department of Historic Resources, because of Southern Development’s utter refusal even to acknowledge both deeded and anecdotal evidence of a 19th-century family cemetery on the property. [When contacted by C-VILLE, Charlie Armstrong of Southern Development said the company hired surveyors and consulted old deeds, but found no evidence of a cemetery.—ed.] As it turned out, an array of other impacts on adjacent historic resources were also relevant. I was told by the Virginia Department of Historic Resources that the Corps is suspending a permit issued to Southern Development in May of last year pending resolution of all those historic resource-impact issues. [Armstrong says he has not received any notice of a suspension; he says the company agreed to hold the project until hearing from the Corps regarding the site’s historic significance.—ed.]

   So, even though the woods at Ridge and Cherry aren’t out of the woods yet, we feel confirmed in long-held beliefs that facts weigh more than feelings, that persistence pays and that compromise is way, way overrated.

Judge rules for Faulconer
Governor-elect Tim Kaine plans to tackle issues raised by local case

After a yearlong battle in Albe-marle Circuit Court, a judge has ruled that the County cannot deny a site plan based on how traffic from the project might affect existing roads. However, Democratic Governor-elect Tim Kaine has proposed new legislation that could reopen the debate over how much control local governments have over new development.

   A court battle between Faulconer Con-struction Company and Albemarle County over the County’s de-nial of a site plan based on the conditions of current roads and in-frastructure came to (at least) a temporary conclusion December 14. Judge Paul Peatross ruled in favor of the construction company, writing, “The Court remands the case to the Board of Supervisors with direction that it approve the final site plan…”

   In September 2004, the County Plan-ning Commission rejected Faulconer’s plan to build on Morgantown Road, saying that although the site is zoned for light industry, existing roads couldn’t handle the increased traffic such development would bring. Faulconer took the issue to court, citing the Dillon Rule, which says that localities only have powers they are expressly granted by the Commonwealth. In other words, Faul-coner argued that unless Virginia specifically allows Albemarle to make infrastructure requirements, such requirements are illegal. Peatross concurred.

   In this case, Peatross deemed the County’s reasoning “illegal and in-valid.” Tim Kaine, however, promises to take up a similar issue on a statewide level once he’s sworn in. Among the governor-elect’s many transportation-related proposals, Kaine supports giving local governments the authority to deny rezoning when roads are insufficient.

   According to Dennis Rooker, chairman of the Albemarle Board of Supervisors, not only the County, but also the entire Virginia Association of Counties has lobbied the legislature for that power for years. However, says Rooker, development interests have wielded their political power against giving localities more control over development. Last year, the development and real estate industries donated more than $9 million to political campaigns, more than any other private industry.

   The difference between Kaine’s proposal and the Faulconer case is a question of zoning. In the Faulconer case, the site was already zoned for light industrial uses; Kaine stipulates that a property cannot be rezoned if the roads in place cannot handle resulting traffic.

   Local developer Frank Stoner understands the County’s concerns, and agrees that if infrastructure can’t support development then the issue of who is responsible for providing that infrastructure is legit.

   And yet, Stoner points out that in this particular case the County should have thought ahead. “The County went out and zoned that property industrial,” says Stoner. “If they didn’t want it zoned that way, they could have rezoned it. If you can’t support the uses you’ve zoned for, then down-zone.”—Nell Boeschenstein

Inside Warner’s final budget
Outgoing guv to cement his legacy as fiscal savior?

Come January 14, outgoing Gov-ernor Mark Warner is out of a job. The self-made Democratic millionaire who founded Nextel would like to move into the White House, and he’s already at work crafting the image he hopes will get him there. Warner’s 2006-08 biennial budget will be his curtain call, his last big gesture as governor.

   In a December 16 speech to legislators outlining the $72 billion budget, Warner cast himself as the common-sense business guy who saved Virginia from the financial wreckage of conservative folly. When Warner took office four years ago, the Commonwealth faced about $6 billion in budget deficits caused in large part by former Governor Jim Gilmore’s tax cuts.

   “I do not need to recount for you the roots of the…shortfall,” Warner said before proceeding to do just that. “We will not make spending or tax policy commitments whose cost will show up or escalate in the out years. We will not casually assume that Virginia’s revenues will continue to show extraordinary growth for the next two-and-a-half years.”

   This year, Warner’s got a $3 billion surplus to play with, the result of his 2004 collaboration with moderate Republicans to raise new revenue. It’s another selling point at a time when Democrats are search-ing for ways to subvert the Republicans’ powerful right wing. However, it will be Warner’s protégé, Governor-elect Tim Kaine, who will steer Warner’s budget through the Repub-lican-controlled Gen-eral Assembly. This chart highlights some of Warner’s proposed expenditures and comments from his December 16 speech.—John Borgmeyer

Warner’s money

$1.5 billion in one-time investments in economic growth, transportation and environment

$142 million to match federal grants for projects earmarked in the recently passed federal transportation bill

$518 million in new money for higher education

$200 million to upgrade water treatment plants in the Chesapeake Bay watershed

$137 million to give State employees a 3 percent raise

Warner’s money quote

“We will not start major new programs.”

“The hidden truth is that these federal earmarks came from funds Virginia would have received anyway, without the strings attached.”

“The University of North Carolina at Chapel Hill—with no medical school—conducts as much federally funded research as the Univer-sity of Virginia and Virginia Tech combined.”

“The funding is sufficient to reduce nitrogen discharges by 2.6 million pounds each year [and] keep wastewater charges at reasonable levels.”

“Virginia’s government functions as well as it does because of the knowledge, dedication and commitment that State employees display.”

What’s the price of county security? $4.3 million
Albemarle’s homeland security grants bought SCUBA gear and gas masks

All aboard the anti-terror gravy train! Since 2003, the Department of Homeland Security has awarded state and local governments more than $8 billion. A nice chunk of those grants landed right here—according to documents, Albemarle County appropriated Home-land Security grants totaling $4,284,476, including money for computers, gas masks, night vision goggles and SCUBA gear during the past three years.

Here are examples of local domestic preparedness grants. Interesting, isn’t it, that most of the money went for cool new gadgets for police, fire and rescue departments, while none seemed specifically earmarked to provide food, shelter and medicine to victims of a major catastrophe?—John Borgmeyer

$3,250,000

Part of a $14 million grant split between the City, County and UVA to establish “interoperable” regional mobile communication and data systems.

$301,339

The Department of Homeland Security awarded this grant to provide “a wellness and fitness program” for volunteer and career personnel that includes annual nutrition, back care and abdominal health education.

$280,754

This grant will be split evenly among fire, rescue and police for mobile data computers, video cameras and emergency response training in the event of an attack using weapons of mass destruction.

$224,335

Police, fire and rescue departments got this grant, one of several earmarked for night-vision tools, digital cameras and other “tactical equipment.”

$3,136

These funds reimbursed the costs of having off-duty police officers patrol the county’s reservoirs during the “heightened alertness” period, March 17-April 16, 2003.

State considers cost-of-living bonus for UVA workers
University supports new salary calculation, politicians say maybe

On Wednesday, December 21, local representatives to the General Assembly met with UVA officials and workers to discuss the legislative session that begins January 11.

   Delegate Steve Landes (R-Waynesboro), Delegate Rob Bell (R-Albemarle) and Delegate-elect David Toscano (D-Char-lottesville) sat on a panel with UVA President John Casteen to field questions about the upcoming session.

   Brad Sayler, a computer systems engineer at UVA, asked whether the General Assembly could give the school a salary differential to help UVA paychecks keep up with Charlottesville’s escalating cost of living.

   State salaries must fall within approved “pay bands” corresponding to different types of jobs. Throughout most of Virginia, the first pay band, for example, starts with a minimum salary of $14,212 with a maximum of $29,168. In Northern Virginia, however, pay bands are higher. There, the first pay band has a maximum of $37,918. Sayler says Charlottesville should get legislative approval to expand pay bands at UVA.

   “I like working at UVA. I just wish I got a little bit more in my paycheck,” Sayler told the delegates.

   Casteen and the delegates say they generally support an expansion of pay bands in Charlottesville, but it’s not that simple. NoVa’s pay expansion is actually based on regional salaries, not cost of living. Because UVA is the largest regional employer—and because recent studies indicate Charlottesville’s salaries are relatively lower than other parts of Virginia—it could be difficult for the school to convince the General Assembly that higher salaries are necessary.

   “They’re usually fairly cautious about that,” says Greg Noland at the State Department of Human Resources. Cities like Fredericksburg have made similar requests, but to no avail, he says.

   Further, State officials point out that expanding the pay bands in Charlottesville would not guarantee UVA employees more money. It would simply mean that UVA would have more freedom to spend more on salaries.

   Currently, UVA has authority to pay faculty outside the State pay bands, which allows the school to compete with other universities to hire top teachers. Classified staff, however, must be paid within approved pay bands. UVA officials say that the impending “charter” legislation would give the school more flexibility to pay classified staff competitive salaries. Whether freedom from State-mandated salaries would come through a pay differential or a new arrangement with the State like the charter bill, State officials say that under no circumstances is higher pay guaranteed.—John Borgmeyer

The Wahoos are gone…
reclaim your town!
How to make the most of UVA’s holiday break

UVA’s winter break runs until January 18, giving us another three weeks’ respite from the usual Wahoo occupation. To celebrate these precious days of unclogged streets and a more refined nightlife, C-VILLE offers the following ways that you can take advantage of UVA’s holiday break.—John Borgmeyer

Visit a friend who lives on JPA—you can finally find a spot to park.

Buy groceries in Harris Teeter without hearing Buffy on her cell phone yammering about, like, did you see how wasted Travis and Jen got last night? OMG! WTF?

Play touch football on the Lawn.

Sit down and drink a beer at Michael’s Bistro without being forced to wade through a throng of trust-fund hippies.

Just to freak them out, write odes to racial harmony on students’ dry-erase boards.

Get a copy of Charles Wright’s Negative Blue from Alderman Library, then sit near one of the big Palladian windows and read his poems about Charlottesville.

Enjoy a vomit-free game of pool at Orbit’s.

Savor a streetscape free of popped collars.

Go check out UVA’s men’s basketball home game against the University of Hartford Hawks at University Hall on December 31. Come and see what could be UVA’s last close game all year!

Emergency system switches to 800 MHz
Goal: To improve police, rescue communication

If Gramps got a shiny new radio transmitter under the tree this year, he should sit down and get cozy with it now or never. The local Emergency Communications Center, which serves Charlottesville, Albemarle and UVA, will switch to a new 800 MHz system sometime after January 1, according to Tom Hanson, the Center’s executive director. No exact date has been set for the switch because last-minute glitches in the computer system are still getting worked out.

   The changeover is bad news for Gramps—he won’t be able to track the latest car crash or house fire anymore—but good news for emergency services. Now, instead of going through dispatchers to communicate, emergency personnel will be able to radio each other directly, and thus respond more quickly to situations, says Hanson.

   For example, Hanson points out that the ice storm at the beginning of December would have been easier to manage had the new system been in place. Police would have been able to talk directly not only among different offices in the police departments, but also with rescue squads or fire departments.

   Hanson says the new 800 MHz system will standardize communication across the board. Right now, “each different entity has its own system—some low-band, some high-band. It’s a menagerie of different old components.”

   In preparation for the new system, everything from radios and portable hand units, to transmitters, microwave equipment and a couple of towers have been replaced—to the tune of $18 million. A Homeland Security grant covers one-third of that; the rest gets picked up by the City, County, UVA and the airport.

   The change is needed, too, says Hanson, because of the area’s continuing growth. A steady 2 percent growth rate for the past 10 years means Albemarle’s population doubles every 32 years, and as the population booms the need for emergency services to be coordinated increases, too.—Nell Boeschenstein

DUIs spike during holidays

Boozin’ and cruisin’ don’t mix with ho ho hoIt’s nothing to be proud of, but ’tis the season to drink and drive. At least so say the roadside statistics. For example, in 2002, of the 17,524 drunk driving-related deaths in the United States, just more than 1 percent, 207, were between Christmas and New Year’s. But in Virginia, the State Police reported 375 drunk driving related deaths in 2002, with 22, or 6 percent, occurring over the winter holidays.

   The trend holds true in Charlottesville as well. Locally, the average number of DUI arrests in December for the past four years is 33; the av-erage number of DUI arrests per month for the rest of the year is 25, according to City police. (Stats for the County were not available by press time.)

   City Sgt. Michael Farruggio speculates that the duration of the holiday season accounts for the spike in DUI arrests.

   “People spread out parties,” says Farruggio. “Instead of a single party day like the 4th of July, at Christmastime you’ll have parties almost every weekend for three or four weeks. All that leads to a higher probability of someone who does drink too much being on the road.”

   Farruggio also says it’s not a matter of officers being more vigilant about drunk driving over the holidays, but rather that the drunk drivers simply present themselves. Throughout the year the police department sets up road blocks around the city to check for sobriety, and the holidays are no different. Likewise, as part of a statewide campaign, between Christmas and New Year’s, troopers also maintain checkpoints on the state highways.—Nell Boeschenstein

Tuesday, December 13
Casteen keeps checking cheddar for UVA

Jay-Z would say UVA president John Casteen checks cheddar like a food in-spector. Today the school’s prez celebrated news of a $45 million gift—the largest in school history—from the Ivy Foundation of Charlottesville. The money is earmarked for biomedical research, and the news comes on the heels of other windfalls for UVA. Last week Governor Mark Warner announced he would seek $255 million for education in his final State budget, with UVA seeking about $25 million of that for a new cancer center. The Ivy Foundation is headed by former Wahoo William C. Battle, who set up the Foundation in 2000 to help UVA by endowing professorships and fellowships in the sciences. For example, Ivy gave UVA $3 million in 2003 for four endowed professorships in regenerative medicine.

Wednesday, December 14
“Dukes of Hazzard” action on Fifth Street

An action-packed accident on Fifth Street Extended prompted drunk-driving charges against an Albemarle woman who jumped her car over a tow truck early this morning. The incident began when a State trooper pulled over a car on Fifth Street near I-64. The driver fled, according to WINA, and eventually the trooper called a tow truck to haul away the abandoned vehicle. At about 2:30am, a Ford Taurus sped towards the scene. The Taurus hit the police cruiser and the speeding suspect’s car, then drove up the tow truck’s ramp. The car flew over the tow truck and landed right-side-up. Jodie Ellen Finney, 34, was charged with DUI in the incident that one State police official described as right out of “Dukes of Hazzard.”

Longo to recruit Jesus?

It ain’t easy being the police chief. Sure, with his well-spoken manner, ultra-fit pugilist frame and fancy education, Chief Tim Longo could be mistaken for a man who has it all. But at a morning press briefing during which the chief clarified reporting procedures for the media, he suggested that his softer side is not getting the love it deserves. “On the other side of the camera lens, telephone, reporter’s pad is a human being who has feelings, friends…,” he said. Indeed, between last year’s DNA sweep, police shootings at Friendship Court and “mistaken identity” arrests, Longo has weathered plenty of criticism. The chief wasn’t whining, however, just trying to convey the reality of being the go-to guy when the fertilizer hits the fan. “I don’t have a full-time public information officer,” he said, “…it’s not going to happen. We don’t have the funding to make it happen.” Apparently, the press, and by extension the public, need to realign their expectations for how much of the story they can get and how quickly. “I only know one person who has all the answers,” Longo said with a smile, “and he doesn’t live down here and he’s certainly not a member of the CPD.”

Thursday, December 15
Ice storm cuts power to 40,000 in Central Virginia

About an inch of ice fell on Charlottesville and surrounding areas tonight, leaving 40,000 people without power as tree limbs froze and fell across utility lines. Most people had power by Friday morning, although The Daily Pro-gress reported that about 6,500 people were still without power by 2pm Friday. Candles caused two fires in Charlottesville, and County police blamed ice for about two dozen accidents. There were no fatalities.

Friday, December 16
UVA names former guv to head Miller Center

Today UVA president John Casteen and Governor Mark Warner announced that Gerald Baliles will head UVA’s Miller Center of Public Affairs. Baliles, 65, is a 1967 UVA law grad who won the governor’s race as a Demo-crat in 1985, a year after President Ronald Reagan’s landslide re-election, and will soon retire from Hunton & Williams law firm in Richmond. Baliles replaces former Center director Philip Zelikow, who chaired the 9/11 Commis-sion and left UVA in January to become counselor to Condo-leezza Rice.

Saturday, December 17
Former Wahoo Barber sets record in NFL

Former UVA football standout Tiki Barber, now a running back for the New York Giants, ran for 220 yards today in a game against the Kansas City Chiefs. Barber’s performance set a new Giants team record for most rushing yards in a single game. Barber scored two touchdowns today, helping his team win their 10th game; if the Giants beat the Washington Redskins next week-end, they clinch the NFC eastern division title. Barber is a 1997 graduate of UVA’s commerce school; his brother, Ronde, graduated from UVA a year earlier and now plays cornerback for the Tampa Bay Buccaneers.

Sunday, December 18
Warner sets State’s first ban on bias against gays

Gay rights activists celebrated today’s news that Virginia’s nondiscrimination clause would for the first time include sexual orientation. Warner added the protection for gays into his biannual budget by executive order, putting the policy into effect immediately. Governor-elect Tim Kaine announced he would continue the policy when his administration begins on January 14. It’s the first good news for Virginia’s gays in quite a while, although conservatives in the General Assembly have vowed to fight the change.

Monday, December 19
State study: campus crime victims should call cops

A State commission released a report today saying that safety at Virginia colleges could be improved if school officials allow local law enforcement to punish law breakers instead of schools punishing them administratively.

Written by John Borgmeyer from staff and news reports.

Wheeler pushes smart growth
Local activist on how to grow and still be great

For Average Joe Citizen, trying to read a document from the City or County’s planning department is like trying to read hieroglyphics without the Rosetta Stone. This, says Brian Wheeler, executive director of Charlottesville Tomor-row, is one of the main reasons a community doesn’t complain about development until the bulldozers have already started pushing dirt around.

   The implications of a “Comprehensive Plan,” what the hell “zoning” is, who’s running for the Board of Supervisors, and putting a picture on planning-speak—all are conversations Wheeler hopes to foster via his new organization, Charlottesville Tomorrow. Launched in September, the group is nonpartisan, Web-based (www. cvilletomorrow.org) and aims to educate the public about issues surrounding smart growth in the area.

   The hope, says Wheeler, is “that [with Charlottesville Tomorrow’s help] people will be more informed, so that when an important comprehensive plan change is in front of the public, more people will be involved… Then, 10 years later when things are actually starting to happen, the public will feel like they were heard and listened to.”

   The first step in that pro-cess, however, according to Wheeler, is that people have to make the jump from getting up in arms over backyard issues, to seeing backyard issues as issues that effect the community at large.

   In fact, once upon a time, Wheeler himself was backyard issue-centric. As a parent of a second grader whose class had 27 students, Wheeler crusaded for smaller class sizes. In the process, County Supervisor Sally Thomas pulled him aside and pointed out that if he wanted to have a real impact he’d have to look further than Murray Elementary. Wheeler ended up running for and getting elected to the School Board in January 2004. He still serves.

   Likewise, Wheeler’s interest in land use sprouted in his backyard, blossoming into recognition of the bigger picture, when Faulconer Con-struction planned to build behind Murray. Wheeler rallied the troops against Faulconer’s project.

   Gradually, says Wheeler, “we learned that we didn’t just want Faulconer to go somewhere else; if they go somewhere else we’re just passing the problem on to someone else.”

   After the Faulconer case got him thinking about land use and the need for greater communication between City and County governments and the public on that issue, Charlottesville Tomorrow be-gan taking form in his head. A year ago, he quit his tech job and started recruiting backers. In the upcoming year, Wheeler hopes to consolidate on the website all information on all the transportation projects in the area, what their status is and what the funding status is.

   “We will read all the details but boil it down into terms [the public] can understand…because if the community’s voice isn’t heard, then five or 10 years down the road it’s going to come back to haunt you.”—Nell Boeschenstein

Goode deflects bribery fallout
Congressman gets folksy cred giving away dirty money

If he’s done nothing else in Congress —and, really, he hasn’t—Virgil Goode has mastered the art of winning
re-election.

   Now approaching his 12th year as U.S. Representative for Virginia’s Fifth District, Goode, a Republican, has used his deep family connections and an “aw shucks” demeanor to cement his grip on power. Lately, Goode’s image has remained largely untarnished by news that his largest contributor was involved in federal bribery and fraud. In fact, Goode may be using the scandal to his advantage.

   Last month, California Representative Randy “Duke” Cunningham resigned after confessing he accepted $2.4 million in bribes from defense contractors, especially MZM, Inc. That company is also Goode’s largest contributor, giving him $90,000 over the past two elections.

   On Sunday, December 11, The Roanoke Times detailed how Goode helped MZM get unorthodox sweetheart deals for cheap real estate in Martinsville, leading up to the company’s move there in 2003. As the paper reports, however, few people in that depressed Southside city were willing to criticize Goode for his efforts to deliver jobs.

   In the wake of Cunning-ham’s confession, pressure mounted on Goode to return the $90,000 he collected from MZM. Goode has said he sent letters to the donors asking if they wanted their money back; most, he says, did not. So last week he made political lemonade by announcing he would give the money to unspecified charities in the Fifth District. One $30,000 donation has already gone to Gleaning for the World, a Christian organization that collects surplus medical supplies for humanitarian groups.

   One of Goode’s would-be Democratic challengers, Bern Ewert, says it may have been a mistake for Goode to deal with MZM in the first place. “There is a real chance the MZM house of cards could completely collapse and leave the city and the citizens of Martinsville in the lurch,” Ewert said in a statement.

   Another challenger, Al Weed, says Goode should give the money back to the treasury. “It would be symbolic,” says Weed. “Everything MZM gets paid is through defense contracts, so in effect this is taxpayer money going into [Goode’s] campaign war chest.”—John Borgmeyer

Historic district set for approval
Planners advance new design controls near UVA

On Tuesday, December 13, the City Plan-ning Commission recommended approval of the Rugby Road-University Circle-Ven-able Neighborhood Architectural Design Control District.

   Mary Joy Scala, the City’s preservation and design planner, said there are two options for design control in the Rugby area. Option one would establish a complete architectural design control district and protect more than 200 historic buildings within an 87-acre zone.

   The second option includes a sub-area bordered by St. John and 14th streets where demolition of existing structures would need no approval. All of the structures in this sub-area, dubbed the “green zone,” are currently classified as not historically or architecturally significant.

   The two options reflect disagreement between developers and preservationists on how best to “overlay” zoning restrictions on this section
of Charlottesville—which the City recently rezoned to allow for the development of high-density student housing near UVA.

   The public comments began with residents who were in favor of protecting the entire neighborhood with option one. Developer Daniel Veliky, however, said he favors the development freedom that comes with option two. “A new building is far superior than anything they could build in the 1930s,” Veliky said.

   The Planning Commissioners ex-pressed concern over new development expected for the green zone. Commis-sioner William Lucy thought the existing streetscape would be threatened by the height and massing of new buildings; Commissioner Kevin O’Halloran pointed out that new structures might better serve the area “if they are designed well.”

   Finally, the need for more student housing and the commitment to the existing zoning ordinance convinced most of the commissioners to support option two, by a 5 to 1 margin. The City Council will make a final decision in January.—Jay Neelley

A peek at JPA
C-VILLE’s here to help neighborhood problems

The City’s Neighborhood Develop-ment Department certainly seems to have gotten its ass in gear late- ly. This month it sent out the first of what promises to be a series of newsletters called “In Our Backyard,” dedi- cated to informing people about issues and upcoming projects in their neighborhoods.

This month the newsletter describes changes afoot in the Jefferson Park Avenue neighborhood, which sits just south of UVA and north of the CSX railroad tracks. More than 4,000 people live there, with 94 percent of them renters. Here is the City’s assessment of zoning and maintenance issues in the neighborhood, amended with help from C-VILLE.—John Borgmeyer

Will Dettor’s property go up for sale?
Belmont site could be ripe for condos

Rumors circulated last week that a parcel of prime Belmont real estate could soon go on the market. Jimmy Dettor—a local businessman, neighborhood activist and auto-racing sponsor, owns 2.5 acres at 1005/1025 Carlton Ave.—directly north of Mas restaurant in Belmont. Off the record, a developer said that he wanted to buy the Dettor property for residential development, but that he couldn’t compete with other parties who might also be interested.

   The property is home to an auto repair shop, Cole’s Import Specialists, as well as an adjacent parking lot and warehouse. According to City records, the property is zoned for commercial use and was assessed this year at a value of $620,900. Asked by C-VILLE whether he planned to sell the property, Dettor replied he “has no comment at this time.”

   If rumors about a sale prove true, however, the Dettor property could be a choice investment for someone with the resources to put condos or apartments on the site (developer Coran Capshaw, who owns Mas, certainly seems like a prime candidate).

   Such a project would fit the recent trend in Belmont. The formerly blue-collar neighborhood has seen real estate prices soar with recent gentrification—assessments in Bel-mont went up by more than 12 percent in 2003 and nearly 15 percent in 2004. Mean-while, the influx of yuppies could mean old-school businesses, like auto repair, might give way to condos and hip new restaurants (it’s already happening with places like Mas and Frank Stoner’s Belmont Lofts.) What-ever happens with the site, we hope that Cole’s Imports finds a way to survive the changes in Belmont—the shop is a perennial favorite among readers in C-VILLE’s “Best Of C-VILLE” survey.—John Borgmeyer

UVA prof studies the brighter side of Wal-Mart
The oft-reviled retailer may not be as bad as you think

Maybe Wal-Mart is not so evil after all. The mega-retail chain is often bashed for mistreating workers and for sinking mom-and-pop shops. But according to a new report by UVA professor Zach-ary Courser, the only crime Wal-Mart may be guilty of is having the worst public relations department this side of Al-Qaeda.

   Courser’s report, “Wal-Mart and the Politics of American Retail,” suggests that the principal criticisms of Wal-Mart are nothing more than the typical response to innovation within the retail industry.

   Reviewing the history of the U.S. retail industry, Courser found many similarities with the criticisms of previous retail innovators like Sears Roebuck. Beginning with the first department stores in the late 19th century, change within the retail industry has always been met by some form of public outcry demanding that traditional retailers be protected. When Sears pioneered the first mail-order catalogue, local merchants in rural communities felt so threatened they held public burnings of Sears catalogues.

   The one major difference between the early retail giants and Wal-Mart has been its communication with customers. According to Courser, from the beginning, “Wal-Mart has had a very singular, almost evangelical zeal for low costs.” By looking at cost through a strict a dollars-and-cents lens, it seems Wal-Mart has failed to account for the cost of pissing off its customers.

   According to Courser’s report, Wal-Mart did not create a media relations department until 1989; and, despite being the largest retailer in the U.S. since 1990, it did not create a governmental relations department until 1999.

    “[Founder Sam] Walton’s attitude against managing Wal-Mart’s corporate image has carried over in the period since his death and has contributed to the rise of public misunderstanding, resentment, and protests over its business,” Courser wrote.

   Wal-Mart’s steadfast refusal to communicate with its customers and to foster a positive public image has had two significant impacts. Wal-Mart’s dominance has alienated its competitors, who understandably feel threatened; also its sheer size has alienated many American consumers to the point that they’re inclined to believe the anti-Wal-Mart propaganda.

   As previously reported, Wal-Mart costs taxpayers an estimated $1.5 billion per year. But in his report, Courser cites another study which estimates that Wal-Mart saves its customers about $16 billion. Like Wal-Mart, Courser seems to see social costs and benefits strictly in terms of dollars and cents. If “consumers” is all that we are in America, then Wal-Mart does indeed seem to be good for us.—Dan Pabst

Carl Smith’s legacy of bricks and mortar
Millionaire industrialist bankrolled recent UVA development

On Thursday, December 8, Carl Smith died at age 78. The former UVA football player made his fortune in AMVEST Corp., a local coal and natural gas company, then became one of the school’s most important benefactors.

      Smith and his wife, Hunter, contributed millions (UVA couldn’t say exactly how much, since many of the contributions were made anonymously) to develop programs in architecture, law, medicine, business, medicine and athletics.

      In 2003, Smith donated $1.5 million to pay for a marching band to replace UVA’s ragtag “pep band.” The previous year, the pep band’s halftime skit offended West Virginia fans and Governor Bob Wise; AMVEST has significant coal interests in West Virginia and had donated money to Wise.

      Smith’s most famous donation was a $25 million gift in 1997, most of which went to expand Scott Stadium. It was then the largest single monetary contribution in the school’s history, and the grounds around Scott Stadium now bear Smith’s name.—John Borgmeyer

Biomedical waste at UVA amounts to 800 tons
Most hospital waste is sterilized and dumped

What happens to all the old needles, tubes and bandages at UVA Medical Center?

   According to UVA records, the hospital produces about 800 tons of biomedical waste each year. This includes all material that has any contact with body fluids—IV tubes, needles, syringes, dressings and all medical packaging. The total does not include body parts, which are collected and incinerated by Roanoke-based Sci-Med Waste Systems.

   Before sending it off to the landfill, UVA sterilizes its medical waste by heating it with steam at 275 degrees for one hour. It is hauled away by Waste Management, Inc. and taken to the Maplewood Recycling and Waste Disposal Facility near Richmond, at a cost to UVA of about $76,000 per year. “When it leaves here, medical waste is considered the same as regular trash,” says UVA Medical Center spokesman Peter Jump.—John Borgmeyer

Man falsely accused of rape seeks $850,000
Commonwealth’s Attorney criticizes lawsuit against rape victim

Early last week, local civil rights defense attorney Deborah Wyatt filed a lawsuit on behalf of Chris Matthew against a former UVA law student who was raped in early September. The woman mistakenly identified Matthew as her attacker and he sat in jail for five days without bond before a DNA test exonerated him. A few days later, DNA evidence taken from the crime scene was found to match the genetic profile of another man—a previously convicted felon, 37-year-old Charlottesville resident John Henry Agee.

   The suit, which is unprecedented in the area, according to Charlottesville Common-wealth’s Attorney Dave Chapman, charges defamation and seeks $850,000 on behalf of Matthew.

   “The clearest person who instigated the victimization of Chris Matthew is being sued,” says Wyatt—who likens being falsely accused to being raped. “The [accusers] of these misidentifications—why should they not be held accountable? Do we say, ‘That’s life. Get over it,’ to the victim of rape? We say that to the accused.”

   Yet while Wyatt convolutedly characterizes the suit as potentially empowering to women (she says her case assumes that women can in fact think straight after they’ve been sexually assaulted), Chap-man says that this suit could only add insult to a rape victim’s injury. The normally staid Chapman is so disturbed by the lawsuit that he released an unusually impassioned statement to the media in response to it.

   “No one fails to understand that what happened to Mr. Matthew is a terrible tragedy,” wrote Chapman. But, “…this lawsuit will have a chilling effect—in this community and elsewhere—on the willingness of women to report to police when they are sexually assaulted.”

   Chapman says there is no evidence there was “intent to harm, or malice of any sort” on the part of the victim when she pointed the finger at Matthew. In order for a defamation claim to hold up in court, malice or ill will must be proven.

   Eyewitness identification is notoriously unreliable. According to the Center for Wrongful Convictions, of the 86 studied cases of inmates sentenced to death who were later exonerated based on DNA evidence, 54 percent of those convictions were based on eyewitness testimony.

   This is why, says Chapman, eyewitness testimony should always be considered along with other evidence. It’s not a matter of doubting what a victim might say, but as with any crime that involves close physical contact, explains Chapman, “those are circumstances where there are factors that can make the ability of an involved party to identify somebody subsequently less accurate.” Circumstances, presumably, like the trauma of rape.—Nell Boeschenstein

UVA law school ducks ROTC controversy
Others challenge military’s “don’t ask, don’t tell”

policy in court, but UVA stays homeDoes the military’s “don’t ask, don’t tell” policy violate nondiscrimination rules on college campuses? That’s a question some major schools are taking to the Supreme Court; UVA, however, is ducking the controversy.

   Two weeks ago the Supreme Court heard oral arguments in the case of Rumsfeld v. Forum for Academic and Institutional Rights (FAIR), a coalition of 36 of the nation’s law schools. FAIR’s challenge is to the Solomon Amendment of the Constitution. The 1995 amendment denies certain funding to any college that does not permit military recruiting on its campus.

   FAIR argues that by allowing military recruiters, colleges are implicitly kowtowing to the military’s “don’t ask, don’t tell” policy towards gays and lesbians. Doing so, FAIR maintains, is in violation of the nondiscrimination policies most colleges and universities employ.

   The FAIR coalition includes Top 20 law schools like Stanford, NYU and George-town, but not UVA, currently ranked eighth nationally. Only 24 of the participating FAIR schools have attached their names to the case; 12 remain anonymous.

   As for the University’s position on the issue, Law School Dean John Jeffries, Jr. calls it a “controversial question,” saying that “the law school doesn’t take corporate opinions of that sort” as a matter of policy. Moreover, he considers the matter settled by the Solomon Amendment: UVA both accepts federal funding and allows military recruiters.

   Further insight into the law school’s tight-lipped approach to the controversy can be found in its Fair Employment Policy. The policy states that the school is “committed to a policy against discrimination based on age…race, religion, sex, sexual orientation…” However, an addendum states, “The Law School policy applicable to sexual orientation will not be applied to military employers.”—Nell Boeschenstein

Tuesday, December 6
UVA football co-captain reaches new high

Today, Tony Franklin, a defensive starter on the UVA football team, received an early Christ-mas present: a court summons charging him with possession of marijuana. The Daily Pro-gress reported that the team co-captain faces a misdemeanor possession charge, indicating that the officer found less than 14 grams and did not believe that Franklin had the intention to distribute. According to ESPN.com, through- out the NCAA approximately 25 percent of football players surveyed reported using pot. What’s the most popular sport for toking up? Riflery (no joke), with nearly half of all surveyed sport shooters reporting regular use. Woah… like, duck, dude.

Wednesday, December 7
Warner pads his image with money to colleges

No doubt hoping to cement his legacy as a popular and successful governor, Mark Warner announced that his last State budget could include $255 million for university research in the Commonwealth. UVA is looking for about $25 million from that pie to build a new cancer treatment center on Jefferson Park Avenue. The announcement comes with the news that UVA has tapped Katie Couric, a former Wahoo who now co-hosts NBC’s “Today” show, to help raise another $100 million for the cancer center. If the General Assembly approves Warner’s proposed budget, the Democratic guv and would-be presidential candidate says the $255 million will bolster Virginia’s biological sciences. No doubt Warner hopes it won’t hurt his image, either.

Thursday, December 8
Big price tag for Jefferson School

Renovations to the historic Jefferson School building could cost $30 million or more, according to estimates delivered to City Council in a work session today. Since 2002, the Jefferson School Task Force has been discussing plans for the dilapidated formerly all-black school; the group concluded that the building should be turned into an African-American cultural center that includes adult-education classrooms and a community space in the adjoining Carver Recreation Center. City Councilor Kevin Lynch repeatedly questioned whether the task force’s ideas can be financed, while some task force members suggested that the City should simply figure out a way to do the project to satisfy local African-Americans who, as Councilor Kendra Hamilton put it, “have not had a fair shake.” Jefferson School has been added to the Virginia Landmark Register, which means private investors can get tax credits if they contribute to the site’s renovation.

Friday, December 9
County hires supe while City keeps looking

“Our students live in a global community, and they will work in a global economy,” said Pamela Moran as she accepted the job of Albemarle school superintendent this afternoon. “We need to prepare our students to succeed. We need to eliminate the achievement gap.” Moran has been serving as interim superintendent since outgoing supe Kevin Castner announced he would retire in June, and reportedly she enjoys wide support among county parents and school employees. The County’s smooth transition is in contrast to the Charlottesville School Board, which has been looking in vain for a new superintendent since April. Today the City learned that the State has extended its deadline for hiring a new superintendent.

Saturday, December 10
Eco-friendly building can save some green

Today, with the completion of the first ecoMOD house, UVA and the Piedmont Housing Alliance proved that the green building movement isn’t just good for our environment—it’s good for our wallets as well. The 1,290 square foot, three-bedroom house was designed and constructed by UVA students in eight small modules at a decommissioned airport just outside Charlottesville. The modules, which were created using structural insulated panels, were then transported to 502 7 1/2 St., where they were craned onto the home’s foundation. The eco-MOD project led by UVA professor John Quale is designed to encourage modular building and show that it’s possible to create affordable, environmentally friendly homes even in dense urban areas. PHA plans to sell the home to a qualified low-to-moderate income family. Over the next few years, PHA and UVA expect to build at least two more ecoMOD houses in the Charlottesville area.

Sunday, December 11
Low temps cause minor wrecks

Temperatures were in the 40s this weekend after freezing temperatures and precipitation combined to coat Central Virginia with a glaze of ice. Thursday night’s storm prompted the usual freak-out that accompanies the white stuff in Charlottesville. Local residents’ notorious inability to drive on slick roads prompted dozens of accidents on Thursday and Friday, but luckily there were no deaths or serious injuries.

Monday, December 12
Local law center scores win for James River

Today the local Southern Environmental Law Center celebrated an agreement that requires trash barges on the James River to be watertight. A Virginia company called Waste Management wants to haul as much as 6,000 tons of out-of-state trash per day by barge up the James to a port in Charles City. Negotiating on behalf of the James River Association, the SELC encouraged Waste Management to make sure their barges don’t leak into the river.

Written by John Borgmeyer from staff reports and news sources.

City and County want Richmond’s help with growth issues Albemarle to raise roaming pooch penalty

Expect a $250 fine if you let the dogs out

As the Albemarle County Code currently stands, letting your dog off leash is considered a Class IV misdemeanor, bearing a maximum fine of $25. However, a new County amendment raises the maximum fine for a free-roaming Fido to $250.

   The impetus behind this change, approved by the County Board of Supervisors on Wednesday, December 7, stems from a neighborhood dispute in the Peacock Hill subdivision in Ivy. In a letter to the Albemarle County Board of Supervisors, Phil Hightower, president of the Peacock Hill Community Association, cited “residents…plagued by an individual who lets his many dogs run loose in their yards.” The dogs, unleashed, rove through the subdivision in packs, intimidating children and disturbing the peace, he says. According to County records, the owner, Paul Gregory, has five convictions for violating the dog ordinance. Though convicted, Gregory insists that the dogs were not his, saying, “Every time there is a loose dog in the neighborhood, people assume that it is mine.”

   According to Cindy Perfater, a Peacock Hill neighbor, the current $25 fine is an inadequate deterrent to make dog owners take the leash ordinance seriously. Perfater says the amendment will enable judges to enforce higher penalties on repeat offenders. A $250 fine, Perfater says, will “hurt someone’s pocketbook enough to make them wake up.”—Anne Metz

But will their pleas be muted by development bucks?

When the 2006 General Assembly session begins January 11 Albe-marle County and Charlottes-ville both will look to Richmond to help local officials manage the costs of reckless de-velopment and assist low-income residents to meet the demands of the Central Virginia housing market. Here are two items that local lobbyists will take to the General Assembly, according to City and County documents, and what they might mean for local voters.

   The proposed changes may not go through, of course. Politically powerful developers and the real estate industry oppose the measures. In 2005, real estate and construction interests donated $8,404,120 to state candidates, nearly twice as much as any other private-sector interest group in Virginia.

Albemarle County The County wants the State “to provide local governments with additional tools to manage growth.” These tools include “impact fees, flexibility for proffers, adequate public facilities ordinances and transfer and purchase of development rights to manage growth.” The reasoning for this request is simple: Infrastructure costs associated with new developments are now borne by all taxpayers, rather than by those who profit the most from development.

   Supervisor Sally Thomas pointed out that the County’s current annual allocation of $1 million for the purchase of development rights did not remedy the problem and said, “We would like to have the tools that support adequate public facilities such as schools and roads that match the size of a development.”

City of Charlottesville The City of Char-lottesville has requested a “Charter Amend-ment Regarding Affordable Housing” that would allow for the acquisition, construction, lease and/or sale of “Land or buildings in the city for the purpose of providing housing for low or moderate income persons or for elderly or handicapped persons.” It also calls for the allocation of grants to owners of dwellings or dwelling units “for the purpose of subsidizing, in part, the rental payments” for persons of low or moderate income.

   Delegate-elect David Toscano said a similar Charter approved by the General Assembly for the city of Alexandria served as a model. He said the raising of capital for “folks who work full-time but don’t make enough to get into that first home” would complement existing programs provided by Charlottesville and the Piedmont Housing Alliance.—Jay Neelley

Council changes local car tax
That new ride will cost you

Last week City Council voted to change the way it levies taxes on your vehicle, which will likely increase most people’s personal property tax bill.

   In the past, the City has assessed vehicles by using its “average loan value,” which is based on amounts that banks and finance companies value certain types of vehicles for loans. Now the City will figure taxes based on a vehicle’s “trade-in value,” the amount a dealership will pay for a trade-in.

   The change means that most people will see their car tax go up; however, the hike will be less for an old car than a new car, which has a higher trade-in value. The chart below shows some specific examples of how tax bills might change for different types of vehicles.—John Borgmeyer

Do hunters get too close?
Near-miss prompts questions about the county’s “rural character”

On Saturday afternoon, December 3, UVA history professor Joe Miller sat reading a student’s paper when he heard what sounded like an explosion just over his shoulder. Shards of glass showered over him; turning around, he saw a fist-sized hole in one of his living room’s 6′ windows, which was completely spider-webbed with cracks.

   “I stood up and thought, ‘Holy smoke. That’s a bullet hole.’”

   Miller, who lives on a hilltop along Dry Bridge Road in Ivy, called the Albemarle County Police. Meanwhile, Miller found a warped lead rifle bullet and a copper shell casing lying on his hardwood floor. “How close they came to my head, I don’t know,” he says.

   Miller and the police surmise that the shot came from one of the hunters who routinely fire at deer in the woods around Miller’s home. During hunting season, “we hear gunshots constantly,” he says.

   Although his home sits in what the County has designated a “rural area” of Albemarle, Miller says so many homes have been built in the past 10 years that the “rural” description no longer fits. Ivy hasn’t seen any of the huge subdivision projects (like the ones that transformed nearby Crozet)—instead, a steady progression of new homes have turned Ivy into what amounts to a heavily wooded residential neighborhood. The abundance of both woods and tasty lawn plantings make Ivy a haven for nuisance deer. Miller wants hunters to be more careful where they point their guns, while police say hunters should never trespass to hunt because they don’t know that someone’s office might be just over the next hill. But as the County’s struggle over development continues, the incident speaks to a larger controversy over growth management in Albemarle.

   County planners attempt to channel development into “growth areas” like northern Albemarle and Crozet, but it doesn’t always work. According to a recent County report, since 1997 31 percent of all new homes in Albemarle were built in rural areas.

   Miller says the Board of Supervisors should recognize that “the existing hunting laws are either not adequate or not being en-forced.” His Super-visor, Sally Thomas, says the Board is un-likely to change policy. “A consequence of growth is more residential development in rural areas,” says Thomas. She says some county neighborhoods allow bow-hunters to shoot deer in their backyards, while the County has considered handing out pamphlets to new rural residents that life in “the country” is not all peace and quiet In other words, prepare for unpleasant smells, loud noises and the occasional flying bullet.—John Borgmeyer

Albemarle’s gun laws

–   Shooting a gun is prohibited in residential areas, except in defense of “person or property.” Penalty for violation is between $25 and $1,000.

–   Transport of loaded shotguns and rifles is prohibited, except for police, the military, or any person “who reasonably believes that a loaded rifle or shotgun is necessary for his personal safety in the course of his employment or business.”

–   It is unlawful to hunt within 50 feet of a road. Violation is a Class 1 misdemeanor.

–   It is a Class 4 misdemeanor to shoot across a road with a fire-arm or crossbow.

Source: Albemarle County Code, Chapter 10

Love me, build me, Chapter 2
More empty buildings that long for fulfillment

Earlysville Professional Center

Address: 395 Reas Ford Rd., Earlysville

Empty since: Technicolor moved out in December 2002

Price: Lease for $4 per square foot for warehouse space, $7-$10 per square foot for office

Status: Still vacant

Frank Ix Building

Address: Second Street SE & Elliott Avenue

Area: 324,626 square feet, 17 acres—almost as big as the Downtown Mall

Empty since: November 1999

Price: Lease built-to-suit space for $9 to $14 per square foot

Status: Currently home to 13 tenants, including three local television stations, Total Performance and the AIDS Services group

John Kluge’s stuff at auction
At Christie’s a glimpse of how the other 3 percent lives

On Friday, December 16, the contents of 91-year-old billionaire John Kluge’s Albemarle estate, Morven, goes on the auction block at the venerable New York auction house Christie’s. The approximately 550 lots up for sale are expected to bring in anywhere from $5.8 million to $8.7 million, according to Christie’s.

   At an estimated net worth of about $11 billion, Forbes puts Kluge as the 30th wealthiest man in the world. He gave his 7,378-acre estate, valued at around $45 million, to UVA in 2001. He now lives in Palm Beach, Florida. The University is allowed to either use the property for educational purposes or sell it off. According to spokesperson Carol Wood, UVA does not plan on bidding in Friday’s sale and while it plans to use Morven for educational purposes, the specifics are up in the air.

   The selling off of Morven’s furnishings marks the last of Kluge’s ties with the area (except for ex-wife and PVCC benefactor Patricia Kluge). The collectables up for sale span the 18th, 19th and 20th centuries, and include everything from glass and crystal to cigar shop signs and antique tables. However, according to Melissa Gagen, senior vice president and head of European furniture for Christie’s, Kluge was “very interested in looking at [the house] from an historical point of view,” and thus, since the house was built in 1820, many of the furnishings were also of that era and are considered “American classical.”

   For those interested in a deal, this sale might be the place to find it. For a majority of the lots, there is no minimum price, since says Gagen, the aging Kluge is eager to sell things off. For example, one of the showboat pieces is an enormous picnic “basket” that includes two tables, fine china and crystal, and for which Kluge originally paid around $100,000, according to Gagen. The estimate for the sale is bargain-priced between $20,000 and $30,000.

   Other highlights, in Gagen’s view? A Georges II walnut side table estimated at $70,000 to $100,000, Georgia O’Keefe’s “Sunflow-ers” estimated at $150,000 to $250,000, and an Indian cigar store princess estimated at $15,000 to $25,000, all of which, Gagen says, people have been “very excited” about.—Nell Boeschenstein

“The zone” explained
UVA tries to figure out what it is about Tiger Woods, anyway

Every athlete has been there. Some call it “the zone,” and you know you’re there when the 18th hole looks like a crater or the approaching baseball is the size of a ripe melon. While it might sound like pure nonsense, as it turns out, this might be why some players always seem to succeed at crucial moments, and why their athletic performances sometimes seem effortless.

   According to recent research by psychologists at UVA, our minds can alter our perception of attainable goals. In the case of sports, this element of the brain can change the size of playing balls, depending on how well one is playing.

   “I experience it in the sports I play,” says UVA graduate student Jessica Witt, who conducted the research. In hopes of ex-plaining this phenomenon in her softball play, as well as supporting the existing anecdotal evidence, Witt went straight to UVA’s playing fields.

   She approached intramural and club softball teams and offered free sports drinks to players willing to participate in a one-minute batting experiment. The researchers recorded the batters’ hitting percentages and asked them to approximate the width of the ball on a poster bearing eight circles of various sizes. Sure enough, those with more hits perceived the ball as larger than those with lower batting averages. These results confirmed her broader claim that “reachable things seem closer than nonreachable things.”

   Her findings, written with psychology professor Dennis Proffitt, will appear in a forthcoming issue of the journal Psychological Science. Someone get Tiger Woods a copy so he’ll be able to sleep better knowing that he isn’t completely crazy.—Doug Black

Summer dreams
What does June feel like again?

Weather in Charlottesville can have the peculiar effect of erasing memory. In the thick of summer, I always find that I can’t remember what winter is like. Conversely, in the middle of winter, I can never remember what the summer is like.

   Luckily, a few things can remind me of certain seasons that are, at the moment, out of season. One of these memory-restoring landmarks is the massive Southern Magnolia near Brooks Hall East, which was given in honor of Mrs. Frederic W. Scott in 1980. As Southern as the humidity itself, Mrs. Scott was a Sweet Briar College graduate, president of the Martha Jefferson Hospital’s Pink Ladies organization, Miller Center board member and of course, president of the Garden Club of Virginia.

   If you find yourself doubting the possibility of 90 percent humidity and heat indices in the triple digits, just visit Mrs. Scott’s lush, green Southern Magnolia on a frigid January day. The tree will remind you that so long as there are magnolias dedicated to women who to prefer to be posthumously known as “the Missus,” rest assured, the Southern summer heat will, for better or for worse, return again.—Anne Metz

Getting to know Debbie Wyatt
Dena Bowers’ defense attorney explains why she’s always taking on “The Man”

Debbie Wyatt has been one of Charlottesville’s hardest-hitting lawyers for more than 20 years. She’s taken on everyone from UVA to City and County police. She is currently representing former UVA recruiter Dena Bowers, who is an outspoken critic of the charter initiative and who was recently dismissed from her position by the Uni-versity. Typical of a Wyatt case, people have rallied on behalf of Bowers, and the University has been doing some serious damage control. Aside from Bowers, other high-profile “little guy” clients Wyatt has represented include Shirley Presley in her case against the City for guiding a portion of the Rivanna Trail through her land, and a Fluvanna man, Kerry Cook, who was shot by police during a violent encounter at Friendship Court. C-VILLE asked Wyatt why she loves to fight the power, and an edited transcript follows.—Nell Boeschenstein

C-VILLE: You seem to have a special affinity for cases that involve underdogs or people of limited resources versus “The Man” (whoever that may be at the moment).

Debbie Wyatt: It’s obviously of much more interest to me to represent an underdog because they need it more. It’s also more challenging, frankly…and fewer and fewer lawyers, for reasons I can probably understand…aren’t doing this kind of work [because] of money and it’s too difficult. [“The Man”] has endless resources, it seems, to fight you and the desire to fight you… They’ll put however much money they need into fighting.

Do you remember a specific moment when you knew that this was the kind of work you wanted to do? What set you on this course?

I’d like to say that seeing To Kill a Mockingbird, reading that book, but to be quite honest I’m not sure that that was the moment. I remember reading Tales of Hoffman, which was about the trial of the Chicago Seven. The law-yers, the judges, everybody was out of control. Why that would have attracted me, I don’t know.

What legal issues interest you in particular, philosophically speaking?

The ones that get me going are run-of-the-mill civil rights. I don’t like seeing governmental bullies… I see [bullying] most frequently with law enforcement. Now, certainly not all law enforcement, but that’s certainly an occasion when bullying happens… Cer-tainly, the biggest bully in town is UVA… It is the 800-pound gorilla here, as I think was just demonstrated with Ms. Bowers.

Do you feel like there have been negative repercussions for taking on these powerful local institutions? What price, if any, have you paid?

I’m always doing things that make people hate me… I think that there are, unfortunately, some judges who are sufficiently conservative and “good old boys,” that I may have a harder time [than other lawyers]… [I also] had to tell my second son that he should probably not apply to the University of Virginia, that he would very likely be turned down, being my son.

Can you recall a particularly memorable case and why was it memorable?

I represented a fellow ac-cused of rape, sodomy, malicious wounding… It was amazing to me the close-mindedness of the community. They couldn’t even listen to me articulate why I didn’t think he was guilty… He was innocent and he was convicted… Fortunately, they granted the appeal; fortunately, we won the appeal…and [the case eventually] got dropped. That’s 20 some years ago and to this day that man will call up and cry.

Santa drops by the jail
Local couple organizes gift drive for inmates’ children

When Holly Heilberg’s eldest son served five months in jail for a driving violation, the Albemarle resident witnessed first hand the strain that having a family member in jail puts on a family.

   “I didn’t feel I could enjoy life until I knew he was out,” she says. “It weighs on your heart all the time.”

   Heilberg describes her-self and her husband, David, as “middle class,” and they were able to send their son books and CDs while he was incarcerated. However, she was affected by the financial hardship she saw other families bearing and vowed to do something to help them once her son was released.

   “It costs money for someone to be in prison,” says Heilberg. “If they want to make a phone call or write a letter they have to pay… It’s an extra financial burden just to stay connected with the person inside prison.”

   Heilberg’s fulfilling the vow she made to herself by organizing a gift drive to collect Christmas presents for the children of inmates at the Albemarle-Charlottesville Regional Jail. It’s up to the inmates to nominate their children for eligibility, then Heilberg will find a volunteer willing to buy their kids presents, each present worth around $20. While she hadn’t received the children’s wish lists by press time, she already has about 20 volunteers ready to donate and hopes “to double that number” by the time the presents are given out.

   The Heilbergs are planning to present the gifts in the jail auditorium on December 23. Although the Heilbergs are Jewish, in the holiday spirit, David plans to dress up as Santa and a friend has offered to play a Christmas elf.—Nell Boeschenstein