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News

Ix fix: Downtown property gets a drive-through makeover

That “dead end” sign posted at the Second Street SE entrance to the Ix building off Elliott Avenue? Ignore it and come on through!

The 17-acre commercial property two blocks south of the Downtown Mall, bordered by Elliott and Monticello avenues, is now an owner-sanctioned shortcut that can help Mall-bound Downtown drivers avoid rush hour and construction delays on Avon Street and on Ridge/McIntire, where a new project has led to recent lane closures.

“Second Street is a great little road,” said Fabian Kuttner, who’s developing the Ix property with his father, Ludwig, and turning it into what might someday be known as the “Second Street Connector.”

While most commercial property owners ban through traffic, the Kuttners see benefit both in time-saving for local drivers and in exposure for Ix tenants, which include two restaurants, two fitness businesses, a bike shop, and the newly relocated Portico Church. The family is well known for its outside-the-box development ideas, which include the multi-use Terraces on the Downtown Mall and an unusual four-star hotel/hostel in Prague.

In fact, the Kuttners are so eager to increase traffic at Ix, they’ve added official-looking green street signs guiding drivers across the property, and they’ll soon pave the gravel road that currently carries cars up to the northern segment of Second Street that intersects with Monticello Avenue.

There’s long been a need for a connector road between Elliott and Monticello, said Jared Buchanan, assistant traffic engineer for the city, who calls the Ix cut-through “interesting,” noting that he wasn’t aware of the Kuttners’ plans to attract traffic.

While the Kuttners are encouraging drivers to use the Ix property now, eventually, they envision Ix as a car-free piazza that would extend the Downtown Mall south by four blocks and serve as a public space where visitors could shop, picnic, and attend outdoor events.

“The dream is to expand what has been started successfully,” said Ludwig Kuttner, citing the absence of cars as significant to the Downtown Mall’s success.

But while the Kuttners imagine Ix as car-free at some point, Fabian says he and his father don’t foresee Americans giving up their rides anytime soon. They envision another creative traffic solution in the future: a tunnel under the property. That, of course, would be pricey, and Buchanan noted it would be complicated for the city to assume the maintenance of a public road under private property.

“I don’t know that that’s ever been done,” he said. “It’s an interesting idea.”

Cool as it sounds, a tunnel won’t likely happen any time soon, but the already existing cut-through may be especially appreciated by drivers over the next several months as the Courtyard Marriott goes up at the corner of West Main and Ridge streets. Kuttner also pointed out that the “Ix Fix” isn’t a Downtown bypass, and therefore won’t do anything for drivers suffering on Route 250 during construction of the McIntire/250 Interchange. It’s helpful only to those who wish to be funneled straight to Monticello Avenue and then beyond to Water Street, where plentiful Downtown parking—and shopping—awaits.

Or, as the Kuttners hope, drivers passing through Ix may stop and discover that there’s more to Downtown than the Mall.

Categories
News

Man arrested on Albemarle child porn charges “never in trouble”

The man arrested on child pornography charges relating to the October 18 disappearance of a Dunlora teen, who was found safe less than 12 hours after she vanished, was denied bond in Albemarle Charlottesville Juvenile and Domestic Relations Court on Monday, October 28. Jonathan Lee Messer was arrested on October 23—his 24th birthday—in an incident that has rattled the community and shocked at least one of his family members.

“He’s never been in trouble,” said Messer’s stepfather, Kingsport, Tennessee, resident David Hicks, who learned of his stepson’s arrest from a reporter’s call on Friday, October 25. “This doesn’t sound like something he would do.”

Shackled, handcuffed and dressed in the striped uniform of the Albemarle Charlottesville Regional Jail, Messer appeared in court to request bond with his court appointed attorney, Pam Johnson, who said Messer has the support of his family, no prior record, and does not pose a flight risk. Assistant Commonwealth’s Attorney Jon Zug argued that while Messer has claimed he didn’t know the teen’s age, he has admitted to knowing she was a junior in high school and that she had only a learner’s permit. Citing Messer’s status as active military in the Navy and the chance of deployment that could prevent him from appearing in court, Zug argued that bond be denied.

“The Navy can do what it wants,” agreed Judge Claude Worrell when issuing the order.

According to the warrants, Messer is charged with four felonies: use of a communications system to procure or promote child pornography; preparing to produce child pornography; and two counts of possession of child pornography. He allegedly committed the offenses from October 13 to 18, the day the 16-year-old Albemarle High School junior disappeared. She was found walking on Rio Road the following morning by a neighbor.

Hicks, who married Messer’s mother when Messer was 15, said the young man was a typical teen who enjoyed playing Dungeons and Dragons. “He’s more of a  geek than anything else,” said Hicks, who said Messer has a long-time girlfriend in North Carolina and has been in the Navy for four and a half years. Messer’s mother died in September, a month before her son’s arrest, said Hicks.

Hicks last spoke with Messer on October 21, and said the conversation was unremarkable. His efforts to reach Messer on his birthday failed.

“I left a message late in the evening,” said Hicks. “I thought maybe he was at work or something.”

In fact, Messer had already been taken into custody by Naval Criminal Investigative Service officers, who turned him over to Virginia Beach Police, according to Officer Tonya Borman of the Virginia Beach Police Department. He was transferred to Albemarle County late last week and made his first court appearance on Friday, October 25.

While the parents of the alleged teen victim initially described their daughter’s disappearance as an abduction in anxious Facebook posts and news stories, the absence of an abduction charge only deepens the mystery surrounding the incident. Reached at home on Friday, her father declined comment.

In court, Zug revealed that the graphic sexual images were sent through “internet chat” and that Messer and the teen had arranged to meet.

Local attorney Adam Rhea said that Messer could be facing the child pornography charges even if he didn’t initially know the teen was underage.

“That defense has not really worked in sexual charges like statutory rape,” said Rhea, noting the court’s position is typically, “You knew or you should have known.”

The teen, whom C-VILLE Weekly is not naming due to her age and the nature of the charges, told her parents she was going outside to take pictures of the full moon. When she didn’t return, her parents searched for her and discovered her cell phone on the ground nearby. She was discovered walking up Rio Road the next morning by a neighbor.

According to the warrants filed in Juvenile Court, the offenses occurred between October 13 and 18, the day the teen vanished.

If convicted on all the charges, Messer is facing a sentence of between three and 45 years and will be required to register as a sex offender.

“These are really ugly charges,” said Rhea. “Your life is never the same again after being found guilty of them.”

Messer will next appear in Juvenile and Domestic Court on November 25.

Categories
Arts

C’ville Art Blog: The Whimsical World of Jessie Meehan

The Firefish Gallery is currently showcasing a collection of works by local artist Jessie Meehan that approaches painting in a refreshing and imaginative way.

The body of work, titled “Tiny Lights,” is united by many elements, including the use of white pin points, stars or “tiny lights” that show up in each piece. The artist also layers geometric shapes in every piece, creating a sense of space and movement through the use of visual building blocks. In addition, her contrast of warm and cool colors creates a rich palette that throbs with light. It is exciting to see crisp clean paint application that is technically precise and forms that are rendered with a believable sense of lighting. Furthermore, the fun, unusual narratives that develop out of the work are vibrant and unexpected.

It is interesting to note that the artist does not always enter into a project with a predetermined plan.  This leads to varying degree of successes in the work. Some of Meehan’s paintings develop a strong sense of invention. The layered forms accentuate a specific mood and narrative. However a few of her paintings seem loose and uncongealed. Maheen’s stream-of-conscious process creations, by their nature, trend toward the generic, and when not carefully directed they become murky. For example, “From the Rooftop” looks almost impressionistic in parts and highly illustrative in others. The landscape refused to become or remain a landscape and the sense of atmosphere is solely supported by curious and wispy balls of light. The forms are not grounded, and the paint application is erratic at times. Comparatively, “On the Night the Opossum Died, Cicadas Came to Kiss Her Eyes” feels like a finished thought. The composition is designed to spiral out from the focal point, the colors are consistent throughout, and the paint application is clean, conveying the story concisely.

Overall, Meehan combines an interesting painting technique with a good color sensibility and an intriguing mix of pattern, repetition, fantastical realism and unusual composition. The show is just fun! It’s as simple as that.

~Rose Guterbock and Aaron Miller

Categories
Arts

ARTS Pick: Pearl Jam

Since the late ’80s Pearl Jam has been rocking out the grunge genre it helped to define. The benchmark of the Seattle scene is currently touring on its tenth album, Lightening Bolt, and it still delivers the authentic, high energy rock ‘n’ roll performances, led by passionate frontman Eddie Vedder, that broke the mold in the band’s earliest days.

Tuesday 10/29. $40-80, 8pm. JPJ Arena, 295 Massie Rd. 575-8497.

Categories
News

What’s happening in Charlottesville-Albemarle the week of October 28

Each week, the news team takes a look at upcoming meetings and events in Charlottesville and Albemarle we think you should know about. Consider it a look into our datebook, and be sure to share newsworthy happenings in the comments section.

  • Those voting early in the November election have until Tuesday, October 29 to mail their absentee ballots. Saturday is the last day to vote by absentee in person. Visit the State Board of Elections website for details.
  • The Rivanna Water and Sewer Authority holds a regular meeting at around 11:30am Wednesday, October 30 at CitySpace, following its annual half-day retreat, which starts at 8:10am. Odor control at the Moore’s Creek Wastewater Treatment Plant is among the items up for discussion on the agenda.
  • The three locals running in uncontested races for Albemarle County School Board will gather for a candidates’ forum from 6-8:30pm Wednesday at Greer Elementary.
  • The City of Charlottesville will hold a community forum from 6-7:30pm Wednesday at CitySpace to explain planned additional landscaping along the Route 250 Bypass interchange project at McIntire Road. Check out details on the project website.
Categories
Arts

ARTS Pick: Neko Case

The prolific solo artist and front woman of The New Pornographers performs to support her seventh studio album, The Worse Things Get, The Harder I Fight, The Harder I Fight, The More I Love You. Case’s newest work, includes tight ballads and punchy rock songs like “Night Still Comes” and “Man,” explores themes of freedom and womanhood with sardonic humor and simmering intensity.  Lyrics like “If I puked up some sonnets/Would you call me a miracle?” and “I’m a man/ That’s what you raised me to be” unveil an artist who’s traded questions of love and longing for darker subjects—and the quest to defeat them. Karen Elson opens.

Sunday 10/27 $40, 8PM. The Paramount Theater, 215 East Main Street. 434-979-1333.

Categories
Arts

ARTS Pick: Mainstage One

Charlottesville Ballet’s Mainstage One mixes classic and eclectic dance pieces “Grand Pas de Deux” from Don Quixote and the “Odalisques Pas de Trois” from Les Corsaire together with new choreography from guest R. Colby Damon of Philadelphia and co-director Sara Clayborne. The evening of dramatic physical expression also includes the premiere of new work from local choreographers Elizabeth Reynolds and Julia Mitchell.

Saturday 10/26. $12-17, 7:30pm. Dickinson Theater, PVCC, 501 College Dr. 961-5376.

Categories
The Editor's Desk

Editor’s Note: Politics aside

The more I think about Tip O’Neill’s old adage “All politics is local,” the less it makes sense. When I first heard it in the ’80s, it sounded spot on. People care about their wallets and their backyards, and when they vote, they express those local priorities. But consider the negative space the phrase defines. “No politics is national” sounds patently wrong in an election season during which I have to clear my inbox of vitriolic political spam on an hourly basis to avoid being crushed by it. The financial disclosures in the Cuccinelli-McAuliffe race show that over 40 percent of their money comes from national partisan groups, even though our state has deep pockets.

And then you start to think how totally un-local the messaging feels on television ads and in the blogosphere, and you find yourself in a place where O’Neill’s mantra rings with a resounding absurdity. In fact, if an authoritative, red-nosed Irish pol with a lock on Congress stepped out on the Capitol steps one day and declared “All politics is national,” I’d buy it.

This week’s feature on Delegate David Toscano tells the story of how a local politician has waded into deeper water, dragging supporters from his deep-pocketed backyard into the messy fight to re-establish a statewide party power base. Toscano is every bit a Democrat, but he’s never been seen as a partisan. He is well-respected by his colleagues, well-liked by his neighbors, and well-protected in his district. Virginia Democratic leaders chose him as House minority leader because they knew they couldn’t win swing districts expressing priorities from Norfolk and Arlington. Toscano’s job is to paint Richmond purple.

Meanwhile, at the city and county level, the candidates are running their races close to the center rail. Fiscal responsibility, long a Republican code word for no taxes, is now a shared battle cry, while long-range planning, Democratic speak for government interference, elicits substantive responses from both tickets. Maybe it’s just that we’re situated along the border of the urban-rural divide that has defined the national political discourse for the past two decades, but it makes me wonder if without the third-party money we’d be able to say “All politics is practical,” and sort of believe it.

Categories
News

What’s Happening at the Jefferson School City Center?

Jefferson School City Center Receives Statewide Award For Exceptional Restoration Projects at Preservation Virginia Conference

The restoration of Charlottesville’s historic Jefferson School received one of two statewide community preservation awards from Preservation Virginia, the state’s premier historic preservation organization, at their annual conference in Roanoke, VA on October 21, 2013. Martin Burks, President of the Jefferson School Foundation, and Andrea Douglas, Executive Director of the African American Heritage Center, received the award.

On receiving news of the award Burks said, “The restoration of Jefferson School is something Charlottesville’s African American community worked toward for a very long time. We’re honored to receive this award and we thank Preservation Virginia for recognizing how much the restoration and re-opening of Jefferson means to our community and our entire city.”

The restoration of the school is the result of twenty years of advocacy and determination on the part of Jefferson School Alumni and committed citizens to save Charlottesville’s most important remaining African American civic landmark.

Jefferson School and Carver Recreation Center, located adjacent to Vinegar Hill neighborhood, served as the center of educational and recreational life for Charlottesville’s African American community for generations before falling into disrepair in the late 1990s. The building re-opened in December 2012 as Jefferson School City Center (JSCC). It houses a collaborative team of tenants that include the Jefferson School African American Heritage Center, Carver Recreation Center, a YMCA Child Care Center, Piedmont Virginia Community College programs, Literacy Volunteers, Common Ground Healing Arts, a Martha Jefferson Hospital Clinic, the Women’s Initiative, Jefferson Area Board for Aging’s Mary Williams Senior Center and Vinegar Hill Café.

This is the second statewide award received for the restoration of Jefferson School City Center. In April 2013, the Virginia Downtown Development Association (VDDA) gave an Award of Excellence to the Charlottesville Redevelopment and Housing Authority for their role in assisting with the restoration. According to the VDDA, “The Annual Awards of Excellence program recognizes and encourages excellence in historic downtown revitalization throughout the Commonwealth of Virginia.”

Literacy Volunteers Receives Challenge Grant, Celebrates by Serving Pancakes

Literacy Volunteers will launch its 30th birthday celebration with a Pancake Party at Vinegar Hill Cafe on Saturday from 8 am until noon. The event, part of Vinegar Hill Cafe’s pancake fundraiser series, will kick-off Literacy Volunteers’ “30 for 30” Campaign, which encourages new donors to give $30, continuing donors to add $30 their current contribution level, and supporters to start social media fundraising campaigns through the website.

LVCA just learned that the Perry Foundation has offered a matching grant of up to $15,000 toward the costs of technology for Literacy Volunteers. LVCA is trying to raise the matching $15,000 by December 1. “We think raising $30,000 would be a terrific way to celebrate our 30th birthday!” Executive Director Ellen Osborne said. “This grant will help us reach more students through additional computers, new language-learning software, and other technology infrastructure.” In the last 30 years, Literacy Volunteers’ tutors have helped thousands of students gain the literacy skills they need to improve their lives.

Saturday’s celebration will feature a pancake buffet, complete with toppings and bacon, along with birthday favors, a video booth, and a raffle sponsored by New Dominion Bookshop. Pancake tickets are $8.00 and available at the door. LVCA and the Vinegar Hill Cafe split the profits.

Yin Yoga Workshop Tonight at Common Ground Healing Arts

Tonight (Friday, October 25) from 6 to 8 pm Common Ground will host a workshop on Yin Yoga, which is considered an inward practice that can be used to build awareness of the body, encourage a sense of non-attachment, and move towards inner contentment. It complements Yang styles of yoga like vinyasa, ashtanga, power yoga, which help muscles stretch and move. In a Yin Yoga practice, the focus is on the connective tissue and joints, rather than the main bulk of the muscle.

Leading the workshop is Sue Bovenizer, a natural health therapist, bringing an eclectic array of modalities to her therapy practice. Having been trained and certified in aromatherapy and classical massage techniques in England in the 80′s, Sue returned to America in the early 90′s to become a certified advanced cranio-sacral therapist with Upledger Institute. Other modalities she offers in her practice include Somato-Emotional Release work, Visceral Manipulation, Infant and Pediatric CST, Instructional TMJ Release work and Reiki (Master level). As a certified Integral Yoga teacher, Sue offers restorative yoga training individually and in classes.

The class costs $30 and participants can register online. Funds raised through these workshops enable Common Ground to offer many healing arts opportunities on a sliding scale.

JSCC logoJefferson School City Center is a voice of the nine nonprofits located at Charlottesville’s intergenerational community center, the restored Jefferson School. We are a legacy preserved . . . a soul reborn . . . in the heart of Cville!

Categories
News

Former Albemarle staff sue county to get their jobs back

Imagine your boss approaches you one day, takes you aside, thanks you for your many years of dedicated service to the company, and then offers you a chance to retire early with increased retirement pay. Doesn’t sound too bad, does it? Now imagine that you accept the offer, taking early retirement in reliance on the specific amount of the offer, only to learn a few months later that your stipend amount was incorrectly calculated, resulting in an overpayment of benefits.

Worse yet, your former company decides to immediately correct your stipend amount resulting in a reduction of your monthly payments. Uh-oh. You confront your boss, but to no avail. While he sympathizes with your position and apologizes for the error, he says the company’s board of directors determines retirement benefits and the amounts can’t be increased by a calculating error. Now what?

A few years ago, 13 former Albemarle County employees found themselves in that exact situation. Each employee decided to retire in 2009, after the county offered them an incentive to do so. That incentive, provided by the Voluntary Early Retirement Incentive Program (VERIP), was in addition to their retirement benefits under the Virginia Retirement System. Unfortunately, a clerk in the county’s human resources department made a mistake in calculating the amount of the offer given to the employees and, upon discovering the error, the county reduced the employee’s agreed upon retirement compensation under VERIP.

After the Board of Supervisors disallowed payment on the promised retirement benefits in 2010, the retirees appealed to the circuit court of Albemarle County where a jury ultimately found that the county breached its contracts with the employees and awarded them their full promised benefits. The retirees’ success proved to be short-lived, however, as the Supreme Court of Virginia reversed the jury award and entered final judgment in favor of the county earlier this year due to a procedural error in the retirees’ original appeal. While a major setback, the Supreme Court’s decision was not the end of the story for the former county staff.

The former employees’ attorney, Edward Lowry, has brought a new complaint against the county and Board that argues for rescission of the retirement contracts because of a mutual mistake of fact—the amount of the stipend—and a declaration that the contracts are void. The fight isn’t over yet, and the remedy the plaintiffs are seeking is reinstatement to their prior positions at their previous salaries.

Jim Guynn, the attorney representing the county, maintains that the retirees’ new complaint is identical in all material respects to their original appeal and complaint. Accordingly, the State Supreme Court’s dismissal of the retirees’ original claim invalidates the viability of the new complaint, even though the dismissal was based on the retirees’ procedural error rather than on the merits of their claim.

“The county takes the position that the Supreme Court’s decision extinguished any claims the employees had,” Guynn said.

Illegal procedure 

Whether the retirees will be successful with this new complaint is for the court to decide. Regardless of the outcome, there is an important takeaway from this case: If you plan on suing a Virginia county, be sure you follow the correct statutory procedure. To perfect their appeal to the Board, the retirees were required by law to execute a bond to the county and file a separate written notice of appeal on the clerk of the Board. They did not file the notice of appeal.

Virginia counties, being governmental districts of the Commonwealth, enjoy sovereign immunity against many types of lawsuits, which means a doctrine prevents the government or its political subdivisions from being sued without its consent. There are certain exceptions from immunity involving other civil disputes that allow citizens to sue counties but strict rules apply.

One such exception allows citizens to appeal the disallowance of their claims against a county by the governing body of that county, like the Board of Supervisors. However, the claimant must fulfill the bond and written notice of appeal requirements mentioned above. The retirees’ failure to file the notice was ultimately the reason the county prevailed at the Supreme Court.

The only question that remains is whether the Supreme Court’s dismissal of the retirees’ original appeal bars their current claims. Whatever the outcome, the retirees have made it clear from the start of this case that they intend to keep fighting for their promised benefits.

“[W]e remain disappointed in the county’s unwillingness to honor its commitments to its employees who relied on the county’s offer of a supplemental retirement payment when they chose to retire at the time they did,” said Lowry.

The county court is expected to issue a ruling on their appeal soon.

Lori H. Schweller. Staff photo

LAW STAR

Lori H. Schweller,
Partner at LeClairRyan

What type of law do you practice? 

Primarily real estate law–both transactional and land use/zoning.

What is one case you’ve worked on that is particularly meaningful to you?

It’s always meaningful to me to help someone accomplish something or solve a problem. It’s particularly satisfying to come up with a creative solution to a difficult problem and then make it work. I’ve enjoyed working with several Virginia localities to help them amend zoning ordinance provisions relating to wireless communications towers because the work requires balancing my industry client’s needs and pertinent law with the concerns of local officials and citizens. It’s also very rewarding to complete a complex deal with lots of moving parts just because of the sheer volume of work and the energy it requires to pull everything together to meet a deadline.

What advice would you give newly graduated law students?

Law practice can vary greatly from firm to firm, public sector and in-house, so explore to find the type of work you like to do, the type of client you like to serve, and people with whom you enjoy working. Keep in mind that landing a job can be a matter of timing – so make your availability known so you’re called when needed.

What is one thing you like about practicing law in the Charlottesville/Albemarle community?

The real estate attorneys in our community are collegial and conscientious. We’re always learning from one another to improve our practices.