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Winning the lottery: City Council’s new commenting policy draws controversy

A new policy proposed by City Council for those who wish to comment at regular meetings aims to make the process more inviting, but it has some doubting the new rule’s integrity.

Currently, a sign-up sheet is made available an hour before the start of each meeting and those hoping to speak must wait in line to snag one of 12 open slots on a first-come, first-served basis.

The new procedure would require prospective commenters to call, e-mail or meet in-person with Clerk of Council Paige Rice to request a spot on the list, and a digital selector would randomly choose 12 winners, whose names would be posted by noon Monday.

But some locals who routinely sign up to speak at City Council meetings believe the new lottery process is council’s way of pushing them out.

“It’s really hard to quantify the many ways that I think it’s a bad idea,” says frequent speaker Brandon Collins, who calls the new lottery process a “deliberate attempt to limit public comment.”

He says this City Council, under the new leadership of Mayor Mike Signer, already seems “sort of perturbed by things they’ve heard during public comment.” Council isn’t favorable to anyone who criticizes them, according to Collins.

One problem with the lottery process, he says, is that some people who sign up to speak have time-sensitive concerns that need to be addressed immediately.

The clerk already receives several inquiries a month from people who want to reserve a spot to speak, says Signer. Both Rice and City Manager Maurice Jones think at least twice as many people would be interested in speaking if they could put their names on the list ahead of time, he says.

Signer says the new commenting policy will increase access at council meetings and make it easier for the disabled, elderly and people with uncertain schedules to sign up. He also says it’s important to put this policy in context with the other proposed changes council members came up with at a recent work session to make meetings more orderly and efficient.

According to Signer, the public currently expects councilors to respond to each commenter. The new procedure would defer these general responses to the city manager, who would address remarks at the next meeting, while still allowing councilors to address individual comments. For their own comments, councilors will also have the same time limit for speaking that the public has, which is three minutes, and they’ll have five minutes to speak when introducing a motion or ordinance.

Another change will limit most items on the agenda to only 20 minutes of discussion.

“Last week, we spent over an hour talking about whether two trees could be moved,” says Signer. As for public comment, he says anyone can still speak at the end of the meetings, and with the newly imposed time constraints, it won’t take nearly as long to reach that portion of a meeting.

But Louis Schultz, another frequent speaker, believes the policy change aims to “dilute the voices of people who [sign up to speak] regularly.”

He thinks those who want to speak at meetings should make a commitment to arrive early enough to sign up. “I leave work earlier than I usually would,” Schultz says. “I lose money when I go to City Council meetings.”

The rule changes City Council is proposing are about “controlling what you can say as a citizen,” Schultz says. He particularly dislikes that responses to public comments will be deferred to the city manager because he wants to hear from City Council.

Local attorney Jeff Fogel says that while he’s suspicious of the new commenting policy, it “might not be a terrible idea.” His deepest concern is with the proposed increase in the mayor’s powers.

“He wants to muzzle his own councilors to no more than three minutes,” Fogel says. Questioning Signer’s motives for wanting the authority to turn off the cameras and audio during the taping of the meetings, which are always broadcast on local television, in the case of a disturbance or disorderly conduct, or his desire for the power to evict people from meetings and bar them from coming back, Fogel says Signer is “reminiscent of an authoritarian figure.”

The mayor is already authorized to oust trouble makers from meetings and bar them from coming back for a reasonable period of time.

A Charlottesville Tomorrow poll shows that 69 percent of those responding are against the new commenting policy.

However, Vice Mayor Wes Bellamy stands behind council’s attempts to increase community engagement.

“Change is hard. Some will like it, some won’t,” he writes in a Facebook post. “But what I fear most is that if we don’t try something new, we will continue to have the same broken system.” Bellamy ends his post by saying, “I heard over and over how we wanted things to be different, progressive, fresh and new…well now is our chance.”

The new policies were proposed at the February 16 City Council meeting, after C-VILLE went to press, and if approved, go into effect March 7 for a trial period of six months.

“I want to be crystal clear the point of this is to open this up to more people, make the process more accessible and to connect us with the broader section of Charlottesville’s populace,” Signer says.

Updated February 16 at 2:15pm to clarify that the mayor already has the power to evict and bar people from meetings.

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Will the 9mm match? Bryan Silva goes to grand jury

 

In a preliminary hearing for Bryan Silva, the 25-year-old social media celebrity who starred in an hours-long police standoff January 3, was denied bond—again.

This time, his mother, Robin, was present to testify that she had no firearms at her Orange County home and Silva could come live with her if he were allowed out on bond.

Silva is charged with abduction and possession of a firearm by a convicted felon in his most recent arrest. Since 2009, he has been charged with assault, shoplifting or altering the prices of merchandise, destruction of property and possession of marijuana in Charlottesville and in Albemarle and Orange counties.

At the February 11 preliminary hearing, Assistant Commonwealth’s Attorney Joe Platania said police found a 9mm handgun in Silva’s house after the standoff and argued that it matched a gun Silva can be seen holding in his Facebook photos. Both the gun they found and the one in the photo had a LaserMax mounted onto it, which matched the description of what his 17-year-old girlfriend said he pointed at her that morning. Police found the LaserMax box, along with a pistol cleaning kit, in a desk drawer in Silva’s house.

Charlottesville Police Detective Lee Gibson testified that after Silva’s girlfriend called 911 on January 3 to report being held against her will and threatened with a gun, she gave police the Facebook photo of Silva holding the gun and said it was the same gun and laser he pointed at her.

Police arrived at Silva’s Jefferson Park Avenue home around 7am and Silva walked in and out of the front door several times while yelling at the officers, said Gibson. Soon after, they made phone contact with the local Internet celebrity, who was posting videos of the standoff to his thousands of followers but refused to exit the home. A SWAT team shot tear gas into the home, forcing Silva out around 3pm, and Gibson said he talked with Silva while other officers secured the home.

According to Gibson, Silva said a friend had left the gun in the house.

Silva’s attorney, John March, said several people had access to the home and in the bedroom where police found two live rounds of ammunition, not all materials belonged to Silva.

“I don’t think there is anything that puts the gun in possession of Mr. Silva,” March said. He also told the judge that Silva has been in solitary confinement ever since he’s been in prison.

Silva will appear in front of a grand jury February 16.

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Work at Wegmans

Wegmans, though still under construction at 5th Street Station, a retail center with almost half a million square feet of space, is currently hiring and training full-time employees.

The upscale grocery chain is on schedule to open this fall and will employ about 550 people, with current openings for 200 full-time employees. Part-time jobs will be available later this month, according to a release.

Available jobs range from entry-level management, customer service and culinary jobs, such as line cooks and restaurant servers. Apply online at or call 1-877-WEGMANS. Interviews will begin in March.

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Condemned house: City prepares to take next step

house on East Jefferson Street, flanked by doors that could hardly be opened, was deemed unfit for human occupancy for being littered with items that made it “impossible to safely travel through the house in the event of an emergency,” just weeks before the emergency responders evacuated a man through a window of the home.

Neighborhood Development Services issued homeowner C. W. Rogers Jr. an order of correction on January 1, which required him and any additional occupants to leave his home at 1108 E. Jefferson St. until he or his power of attorney fixes the four safety, health and sanitation violations to the Virginia maintenance code.

Joe Phillips, a current Charlottesville Fire Department captain and member of more than 17 years, says books and other household items were scattered on the floor of the home when Rogers’ brother arrived to retrieve some paperwork and heard a man moaning from inside a bedroom. After the brother called the fire department for help, Phillips’ crew managed to enter through the front door, but was unable to take the man out that way because of the clutter, according to Phillips.

The man was lying in bed, next to an accessible window when Rogers’ brother called for help. “It was easier to slide him out [a] window than it was to carry him across items in the house,” Phillips says. The crew hitched a ladder slide up to the open window and strapped him into a stokes basket, which is designed to slide down the rails of the ladder.

The man’s relationship to Rogers is unknown, but a neighbor speculates that it was a roommate still living in the home after Rogers relocated. Refusing to give her name, she said Rogers is the street’s oldest inhabitant and that neighbors are fond of him.

Alexander Ikefuna, director of NDS, says the East Jefferson house has already been condemned and a February 15 deadline has been set to institute a plan of action for the structure. In the January notice, the home was cited for unsanitary conditions and, though utilities were activated, records showed they hadn’t been used in several months.

“It is hard to tell what is trash and what might be salvageable household belongings,” the notice reads. “There is trash, rubbish and debris amongst all the accumulation of belongings.”

The home, sold to Rogers in August 1962, was up for a re-inspection on February 5, but Ikefuna says the items in the house had not been removed, so the home was not re-inspected. It is unclear whether the home will require demolition, but in 2011, the city did demolish a structure that wasn’t maintained at 704 Montrose Ave.

According to city records, Rogers also owned that home.

Year to date, Ikefuna says 12 city properties were deemed unfit for human occupancy for various reasons. In some cases, repairs were made immediately and that designation was lifted. For example, he says that after a roof collapse on Market Street just weeks ago, the structure was deemed unsafe and owners immediately had a portion of the building demolished, making the building stable enough to allow workers inside to continue construction.

To condemn a structure, the city follows the Virginia maintenance code “to adjudge unfit for occupancy,” which Ikefuna says has two meanings.

An unsafe structure could be one with conditions causing at least a portion of the building to collapse and endanger the safety of occupants or the surrounding public—such as the Market Street roof collapse—or a structure could have conditions that are dangerous to the occupants or public by disrepair or lack of maintenance, sanitary conditions, lack of utilities or required plumbing facilities—such as the East Jefferson and Montrose Avenue homes.

“If owners make repairs then all is well,” he says. “If owners are neglectful then we can take them to court.”

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Quick trial resumes

Brothers have testified against each other and an ex-girlfriend has been pitted against her former boyfriend in a retrial for the suspects in the murder of Waynesboro Police Reserve Captain Kevin Quick after a May mistrial.

Quick, a 45-year-old father, was reported missing January 31, 2014, and his body was found in Goochland County a week later.

Suspects Daniel Mathis, Shantai Shelton, Mersadies Shelton and Kweli Uhuru (aka Travis Bell) are charged with kidnapping, robbery, racketeering and murder and are alleged members of a gang called the 99 Goon Syndikate, which has connections to the Bloods and is responsible for about a dozen robberies across Central Virginia near the end of 2013 and into 2014, according to the prosecution.

After the mistrial in Charlottesville’s U.S. District Court when one defendant obtained a list of potential jury members, the newly selected 12-member jury was chosen in a Roanoke federal court February 1, with opening statements beginning on February 3.

Former gang member and brother of Uhuru, Shaquan Jackson, testified that he was aware of Uhuru’s and other suspects’ affiliation with the gang. In November 2014, Jackson pleaded guilty to taking part in gang activity and agreed to testify against several of the defendants, according to NBC29.

Jackson referred to a 99 Goon Syndikate meeting, or “bee hive,” in summer 2013 after members in the Louisa County area had joined. That was shortly before the reported violent spree in Central Virginia.

The defense argued that this wasn’t necessarily gang related. And though Jackson testified that Uhuru had called him after murdering Quick, saying he needed to “lay low,” the defense got Jackson to admit that he has lied before to get what he wanted from police and argued that Jackson is hoping for a more lenient sentence in exchange for testimony.

On the fifth day of the trial, Devante Bell—another brother of Uhuru who has already pleaded guilty to the federal gang conspiracy charge—testified that he and Jackson were asked to help get rid of “some car,” which he believed to be Quick’s SUV.

Dierre Lloyd, Mathis’ former girlfriend, testified that he told her about killing a police officer and, though she initially tried to cover for him, she changed her mind when she was charged with two counts of conspiracy to commit robbery and two counts of robbery. She is currently on house arrest and has been granted immunity in exchange for her testimony, NBC29 reports.

After the defense cross-examined Lloyd, she admitted to the jury that there’s no reason to believe what she says and attorneys have questioned the credibility of all of the convicted witnesses, including Lloyd.

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UPDATED: STAB students praised for presenting to City Council

Three St. Anne’s-Belfield seniors hoped to draw attention to the current positioning of a nearly hidden plaque that commemorates the predominantly African-American neighborhood of Vinegar Hill that was razed by urban renewal in the ’60s. The students presented a petition to City Council February 1.

Christopher Woodfolk, 17, says he and his classmates created the petition as part of a final project for their issues of race and gender course. During the course, he learned the history of Vinegar Hill and took a trip downtown to see the neighborhood’s marker.

Describing the plaque as barely visible, low to the ground and hidden behind a trashcan and a planter, he says, “For such a vibrant African-American community, we thought that was a poor way of commemorating it.”

The team, demanding the city to take action in their presentation, wants the trashcan removed, as well as a replacement of the plaque with a bigger, more visual “interpretive sign depicting the history of Vinegar Hill.”

“If young people take anything away, it’s that they can create change,” Woodfolk says. “You’re really never too young.”

With over 400 signatures, Woodfolk said he hoped the petition would garner their goal of 500 by the end of the night. It did.

But that wasn’t the only good news for the students. After they presented and the audience erupted in a round of applause and a standing ovation, City Manager Maurice Jones said the city is already planning to replace the sign, adding that the historic resources committee, in conjunction with the Office of Human Rights, has been working on the project for several months.

“How’s that for action?” Jones said.

Updated February 2 at 10:30am following the City Council meeting.

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Harringtons speak to parents of slain 13-year-old

A Virginia Tech student is charged with abduction and murder after a 13-year-old Blacksburg girl, Nicole Lovell, went missing last week. Dan and Gil Harrington, parents of a slain daughter who disappeared from Charlottesville six years ago, speak out.

“We have just heard that the body of your precious daughter, Nicole, has been found and will be brought to the medical examiner’s office in Roanoke,” the Harringtons wrote to Lovell’s family.

The local group they founded, Help Save the Next Girl, posted their message on a Facebook page called Help Find Nicole Lovell, where more than 4,000 Facebook users posted information before Lovell’s death and grieved once the middle-schooler was found dead.

“That office is just a few blocks from our home, and our daughter also spent time in that place,” the Harringtons added.

Their daughter, 20-year-old Morgan Harrington, was abducted from a Metallica concert at the John Paul Jones Arena in 2009. Jesse Matthew is charged with her death, as well as the death of UVA student Hannah Graham.

Nicole Lovell was last seen in her family’s apartment home between 7pm and midnight January 27. Her remains were found January 30—about 100 miles from home, on the side of Route 89 in North Carolina, according to Blacksburg police.

A family member found Lovell’s dresser pushed against her bedroom door and suspected that she climbed out of her window, the Roanoke Times reported.

Before police located her remains, the family had already expected the worst. Lovell required daily medication for a liver transplant and didn’t take the medicine with her when she left, police said in a press conference. Lovell’s mother, Tammy Weeks, spoke to the media about how her daughter survived a liver transplant, MRSA and lymphoma by age 5, adding that Lovell was bullied at school for the scar left by the operation.

Virginia Tech student David E. Eisenhauer, 18, was charged January 30 with murder and felony abduction. Nineteen-year-old Natalie Keepers, who is also a Tech student, was charged January 31 with a felony count of improper disposal of a dead body and a misdemeanor for accessory after the fact in the commission of a felony.

Blacksburg police said investigators determined that Eisenhauer and Lovell were acquaintances. “Eisenhauer used this relationship to his advantage to abduct the 13-year-old and then kill her.”

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Tom Tom Founders Summit speakers announced

Mark your calendars for the 2016 Founders Summit, a day of inspirational talks by world champion athletes, famed entrepreneurs and inventors, sponsored by the Tom Tom Founders Festival in partnership with the iLab at UVA.

Speakers for this year’s day-long Summit will gather at the Paramount Theater on April 15 to discuss everything from entrepreneurship to climate change and lip balm. With plans to announce more speakers in February, those already lined up for the event are listed below.

Bill Crutchfield

The founder of Crutchfield started his business from his mother’s basement with only $1,000 in savings and has since built the company into a $250 million annual revenue, 500-employee Charlottesville-based enterprise.

Rodney Mullen

This 35-time skateboarding World Champion is also an inventor and investor with a deep understanding of the role of passion and creativity in entrepreneurship.

Sukhinder Singh Cassidy

As founder of Joyus—the leading online video entertainment platform reimagining online shopping—she is a leading technology executive and entrepreneur who served as president of Asia Pacific and Latin America at Google, leading an 18 country expansion.

Craig Dubitsky

As founder of Eos Lip Balm and Hello Products, his approach to the $30 billion dental industry launched his products into 20,000 stores. Along with numerous honors and awards, Dubitsky holds six patents.

Doug Stoup

A movie stuntman turned extreme explorer and founder of Ice Axe Expeditions, he is the world’s leading polar adventurer who documents the effects of climate change on his record breaking expeditions.

The fifth annual Tom Tom Founders Festival will take place April 11-17 at various locations in Charlottesville and include “concerts, talks, competitions and public art that connect hundreds of bands, startups and visionaries,” according to a release. In 2015, over 26,200 people attended the festival, which showcased over 400 community organizations and had an economic impact of $1.5 million on the city.

Tickets are on sale for the “Early Bird” price of $69. The price will increase when the next round of speakers is announced.

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Old and new: West Main complex keeps Blue Moon Diner

A new apartment complex is in the works for West Main, but the Board of Architectural Review has already ruled out tearing down some of the street’s oldest buildings to accommodate the building.

Developer Jeff Levien says he would prefer to demolish Blue Moon Diner and the next-door convenience store and rebuild them, adding that Blue Moon tenant Laura Galgano has publicly supported the plan, and the diner and store are not historical by nature or registered landmarks.

Blue Moon, built in 1951 at 512 West Main and originally operated as the Waffle Shop, is an addition on the facade of a two-story duplex called the Hartnagle-Witt House, which was built in 1884.

Beside the Hartnagle-Witt House sits the Hawkins-Perry House, which was built in 1873 by Ridge Street resident James Hawkins. Cecil Perry added a store, called Midway Cash Grocery, to the front of the house in 1931 and operated it for 30 years while his family lived above the store. That space at 600 West Main is now a convenience store.

“They’ve seen their better days,” Levien says about the old buildings, but the Board of Architectural Review insists that the structures remain standing, citing that the properties are the only two remaining dwellings built along West Main in the last half of the 19th century. Levien calls the BAR’s November decision to preserve them putting “history over function.”

In its reasoning for not permitting demolition, the BAR also says, “Both houses could be reproduced, but would not be old” and “the public purpose is to save tangible evidence and reminders of the people of Charlottesville, their stories and their buildings.”

Blue Moon2
Photo courtesy of Neighborhood Development Services

Staff requested both houses be incorporated into the new development proposal, so that’s what Levien and his architect Jeff Dreyfus, are planning to do.

In preliminary site plans, the four-story mixed-use building can be seen to the left of and behind both historic houses, which include the diner and convenience store. Levien says the ground floor will be used for retail and higher levels will include rental apartments.

“It won’t be like The Flats,” Levien says. The Flats @ West Village was highly criticized for its height, which required a 101-foot special use permit and “turned everyone off to these big-box buildings,” he says. Levien has addressed height by planning for a 35-foot-tall street wall along West Main and setting the remaining three stories of the complex back.

Proposed zoning plans for West Main will eventually allow four-story buildings, so Levien says he isn’t asking to add any extra height. He also says he hopes to rent to young professionals, hospital employees, professors or even graduate students rather than undergrads.

Design-wise, Levien looks to Oakhart Social, a restaurant across the street from his complex’s proposed site that has taken over a renovated building, but used its historic character in its aesthetic by featuring the space’s original exposed brick walls and showcasing “old and new,” he says.

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Partial demolition underway on West Market

An owner of the two-story brick building on West Market Street says a partial demolition is currently underway after a January 25 roof collapse.

“It would’ve happened one way or another,” owner Josh Rogers says. He and his partners had plans to renovate the 206 W Market St. building for their proposed private club, called Common House. He doesn’t think the roof collapse will significantly interfere with the club’s construction because it was previously ahead of schedule.

“It accelerated our production schedule,” he says, though he hasn’t made any permanent plans for after the demolition.

The building’s roof also collapsed in 2010 when snow cracked one of the trusses supporting the rafters, according to the city’s building code official, Tom Elliott.

While Rogers says he was aware of the initial collapse, the back right corner truss that failed this time was not the one repaired six years ago. He and his partners are paying for the selective demolition, he says, which will require removing loose bricks and wood from the roof and second floor of the building.

According to the Neighborhood Development Services website, specific design criteria for Charlottesville requires buildings to be designed to withstand temperatures of 16 degrees with a ground snow load of 25 inches per square foot. According to principal planner Brian Haluska, that doesn’t translate exactly to number of inches of snowfall.

Rogers says the demolition could take between two and three days and the strip of West Market between Old Preston and 2nd Street NW is projected to stay closed during that time. City inspectors want to be sure engineers have confirmed that falling debris will not be a threat, he says.

Even though the damage is on the backside of the building, city spokesperson Miriam Dickler says, “We want to know the structure is stable and sound before the road opens,” adding that it could stay closed until Saturday.