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In brief: A12 legal guide, big-ticket sale, pet peril and more

Who’s suing whom

In advance of the two-year statute of limitations, a flurry of lawsuits have been filed stemming from the events of August 12, 2017, adding to several that are ongoing. Having a hard time keeping up with who’s a defendant and who’s a plaintiff?  Here’s a primer:

Sines v. Kessler

Ten victims of the Unite the Right rally, including Seth Wispelwey, Tyler Magill and Marcus Martin, filed suit against 24 UTR organizers, including Jason Kessler, Richard Spencer, James Fields, Elliott Kline, Chris Cantwell, Matthew Heimbach, David Parrott, and Andrew Anglin. It’s the oldest lawsuit filed, filed October 11, 2017.

In addition to filing another federal lawsuit against the city, Jason Kessler is also a defendant in other suits filed by Unite the Right victims. Eze Amos

Kessler v. City of Charlottesville

Kessler and David Parrott are suing City Manager Tarron Richardson, former police chief Al Thomas, Virginia State Police Lieutenant Becky Crannis-Curl, and former city manager Maurice Jones, claiming their First Amendment rights were violated. kessler v. charlottesville

Tanesha Hudson v. City of Charlottesville

The community activist claims Maurice Jones, Al Thomas, Detective James Mooney, Sergeant Ronnie Stayments, and Sergeant Lee Gibson violated her First, Fifth, and 14th amendment rights and seeks $400,000. Filed pro se, which means she’s representing herself, in Charlottesville Circuit Court.

DeAndre Harris v. Jason Kessler et. al.

The 35 defendants include Richard Spencer, six attackers, Elliott Kline, David Parrott, and John Doe 1 and 2 (aka Sunglasses and Redbeard). Harris, who was severely beaten in the Market Street Parking Garage, is alleging  conspiracy to discriminate and attack on the basis of race. DeAndre Harris v. Kessler, Spencer et.al

Greg Conte v. Commonwealth of Virginia

Richard Spencer pal Conte and UTR attendee Warren Balogh named the VSP, former governor Terry McAuliffe, VSP Lieutenant Becky Crannis-Curl, Al Thomas, Mike Signer, Wes Bellamy, Emily Gorcenski, Seth Wispelwey, and Dwayne Dixon among the 16 defendants, and alleged First and 14th amendment violations. Also filed pro se. conte, balogh v. VA

Bill Burke v. James Fields et. al.

Bill Burke waits for the jury’s verdict at the James Fields trial. staff photo

The 19 named defendants include Jason Kessler, Richard Spencer, Matthew Heimbach, David Duke, Daily Stormer founder Andrew Anglin, plus John Doe and Jane Doe 1-1,000. Burke traveled from Ohio to protest the white supremacists who came to Charlottesville. He was injured when Fields drove into a crowd, and Heather Heyer died beside him. Claims RICO violations and conspiracy, and seeks $3 million on each count. burke v. fields

Karen Cullen and Amanda Bates v. Commonwealth of Virginia

The widows of Virginia State Police’s Berke Bates and Jay Cullen, who died in a helicopter crash August 12, both filed wrongful death lawsuits seeking $50 million each.



 

Quote of the week

“The temperature at the floor when they entered was 500 degrees.”—Charlottesville Fire Chief Andrew Baxter describes the August 18 Pet Paradise fire


In brief

$4-million sale

Hawes Spencer, former editor of C-VILLE and the Hook, sold the Downtown Mall building that houses Bizou for $4 million to Bizou owner Vincent Derquenne and developer Oliver Kuttner, who purchased the property as Walters Building LLC. Spencer bought the building, which housed the Hook offices, for $2.5 million in 2006.

Elliott Harding. publicity photo

Slimed by Kessler

Independent 25th District candidate Elliott Harding’s brief association with Jason Kessler came to light last week when Kessler posted messages from Harding, who reviewed Kessler’s petition to recall Wes Bellamy in 2017. Harding, a former chair of the Albemarle County Republican Committee, says he quickly saw what Kessler was about and has worked to prevent him from gaining a platform. “We’ve been at it ever since.”

Another statue suit

Norfolk, fighting to remove its own Confederate statue, filed a federal lawsuit arguing that Virginia’s law preventing a locality from removing a war memorial is unconstitutional and forces the city to perpetuate a message it no longer stands behind, violating its First and 14th amendment rights, the Virginian-Pilot reports. City councilors are also plaintiffs in the suit.

‘Hitler’s best friends’

Two weeks after city councilors were accused of aligning themselves with the Nazi dictator for rejecting a proposal to bring D.C. rapper Wale to Charlottesville, Kathy Galvin, Mike Signer, Heather Hill, and Wes Bellamy issued a joint statement condemning the “abusive environment” created by some attendees of council meetings. Bellamy also apologized for not initially defending his colleagues, saying “I genuinely don’t believe any of you are racist.”

Fatal infection

German shepherd Gunner died after a day of swimming in the Rivanna River, NBC29 reports. He contracted a bacterial disease called leptospirosis, which is transmitted in wet places where animals have urinated and can be deadly to humans as well.

More bad pet news

A fire broke out in Pet Paradise around 6:30pm August 18. Seventy-five animals were rescued from the Concord Avenue facility, but Pet Paradise is asking for help in locating two cats and a dog that were missing after the fire.

Beauregard splits 

Interim Deputy City Manager Leslie Beauregard is leaving after 16 years working in city government and will take a position as assistant city manager in Staunton October 7, the DP reports. Beauregard was best known for her budget work. She was put in an interim position under new City Manager Tarron Richardson’s reorganization of city hall.

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In brief: Not the Daughters of Confederacy tour, City Council is back, no confidence in Cumberland, and more

Tour de force

For the past couple of years, Jalane Schmidt, UVA professor and activist, and Andrea Douglas, Jefferson School African American Heritage Center director, have been conducting tours of our downtown monuments, providing new context for the Confederate statues that have long dominated Court Square and Market Street parks.

Now, those who haven’t seen the tour in person can experience it online, thanks to WTJU. The local radio station recorded the tour and will be airing short excerpts over the next two weeks, along with putting a web version on its site.

The tour offers history from a perspective that challenges the Lost Cause narrative most Southerners were taught.

“Virginia has the largest number of Confederate monuments in the country,” says Douglas. “Seventy-five exist in front of courthouses.”

Noting that founding fathers Thomas Jefferson and James Madison frequented Court Square, Schmidt says “It does beg the question why the people who tried to overthrow the U.S. Constitution are here on this ground.” Schmidt notes that the Johnny Reb statue in front of the Albemarle Circuit Court was installed after Reconstruction in 1909, when the Confederates who had been barred from office slipped back into government “to re-establish white supremacy—and they use those words,” she says. “They were not embarrassed by it.”

Jalane Schmidt and Andrea Douglas lead a tour that challenges the Lost Cause narrative of Confederate monuments. Photos Eze Amos


Quote of the week

“Like everyone else—sick to the stomach, very angry about our elected officials doing nothing to change anything. We are so long past ‘thoughts and prayers’ and we are so overdue gun reform.” Priya Mahadevan, leader of Moms Demand Action in Charlottesville, responding to the latest mass shootings.


In brief

Riggleman rebuked

Denver Wriggleman. file photo

On July 27, the 5th District Congressional Committee tried, and failed, to muster a censure of U.S. Representative Denver Riggleman for marrying two men who had volunteered for his campaign. The determined anti-gay marriage chair of the Cumberland County Republican Committee, Diana Shores, then tried another tack: On July 29, she pushed through a unanimous vote of no confidence for Riggleman for failing to represent her values, the Washington Post reports.

Filmmaker dies

Courtesy Paladin Media Group

Paladin Media Group founder Kent Williamson, 52, was on the way to the movies when an alleged drunk driver crashed into the car in which he was a passenger August 2 in Berrien County, Michigan, the Progress reports. The father of six was with three extended family members, who also died in the crash.

Fiancée killer

Cardian Omar Eubanks was sentenced August 5 to life plus eight years for the murder of his estranged fiancée, Amanda Bates, 34, whom he shot while she was seated in her car in her driveway March 24, 2018. At the time, her two sons were inside the house on Richmond Road. Bates’ family has spoken out about the tragedy to raise awareness of domestic violence.

Crozet commuter

JAUNT launched its Crozet Connect August 5, with two routes from east and west Crozet, each with three morning departures to UVA and downtown Charlottesville. The rides are free for UVA faculty, staff, and students, and free for other riders until October 1, after which the commute will cost $2 each way.

Nydia Lee. Photo Charlottesville police

Mother indicted

Nydia Lee, 26, was arrested August 5 for second-degree murder in the January 10 death of her 20-month-old child, according to Charlottesville police. A multi-jurisdictional grand jury returned the indictment and Lee is being held without bond. 

Garden director

The McIntire Botanical Garden, in the works since 2013, announced the hiring of its first executive director. Landscape architect Jill Trischman-Marks, who has served on the botanical garden’s board of directors and multiple committees, was selected through a competitive process, according to a release, and starts September 1.


Topping the agenda

It was a packed house Monday night at City Hall, where Char- lottesville City Council returned from its summer hiatus to vote
on several issues that had been at the forefront of discussion over the past few months.

The rezoning proposal for the Hinton Avenue United Methodist Church was passed unanimously, paving the way for the church to construct 15 apartments with at least four affordable housing units for the intellectually disabled. The type of rezoning received pushback from Belmont neighbors worried about increased traffic on the road and fewer parking spots.

Charlottesville City Schools Superintendent Rosa Atkins laid out a new model for Quest, the city’s gifted program that’s seeing
changes in how students are selected and will no longer be separating
kids from the rest of their classmates. The plan, which was approved in a 5-0 vote, includes $468,000 in funding for city elementary schools to hire eight new instructors to help implement the revamped program for the 2019-20 school year.

After a year of research, the Police Civilian Review Board outlined proposed bylaws for a permanent CRB (to include two full-time employees). Council will hold private discussions with staff, including Police Chief RaShall Brackney, before drafting a final proposal in October.

And Unity Days organizer Tanesha Hudson asked for an additional $35,000 to bring D.C. rapper Wale to the Made in Charlottesville Concert at Tonsler Park on August 18, but the motion, supported only by Councilor Wes Bellamy, never made it to a vote.

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Paige’s pay cut: New details on former council chief of staff’s resignation 

Paige Rice, the former Charlottesville chief of staff and clerk of council who was indicted on felony embezzlement charges June 7, decided to resign from her post in September because her salary was reduced just two months after she received a raise and expanded role, according to documents obtained by C-VILLE Weekly under the Freedom on Information Act.

In her resignation letter to City Council dated September 6, 2018, Rice wrote that she was “not able to continue providing the high level of service and hard work required of this position at a reduced salary.” In July, she had received a raise of over $25,000 for taking on an expanded role that included overseeing two new positions. C-VILLE Weekly was unable to determine how much of her salary was cut or the reason why.

Shortly after Rice resigned, City Council discussed at a public meeting whether or not the increased funds and job title change were needed. The larger council staff had been part of the budget approved earlier in 2018. Mayor Nikuyah Walker requested a guest audit of the chief of staff position to get an outside opinion about whether the salary was justified given the job’s responsibilities.

In January, Charlottesville hired former Lynchburg deputy council clerk Kyna Thomas to fill the position. Thomas’ current job title is chief of staff and clerk of council, which is the same title Rice held before she resigned. However, Thomas’ salary sits at $105,000, which is about $7,000 more than Rice received after her July 2018 raise.

Rice was indicted under unusual circumstances June 7 by a grand jury on one felony count of embezzlement after she allegedly failed to return both an Apple Watch and iPhone X that were given to her for work purposes while she was employed. The devices are valued at over $500 and the circumstances surrounding her charges are unclear.

According to Nolan Stout’s Daily Progress story published Thursday, Rice was the only city employee with an Apple Watch, which she purchased in December 2017, and she didn’t need to seek approval to purchase either the watch or the iPhone.

A former city employee, who spoke to C-VILLE Weekly last week on the condition of anonymity, said “it seems kind of odd to me someone didn’t call her and say, you need to return the phone, rather than sneak around and charge her with a felony.”

Because the criminal case is an ongoing investigation, members of City Council aren’t permitted to speak publicly on the case. Rice hasn’t responded to multiple requests from C-VILLE Weekly for comment.

Her appearance in court, previously scheduled for August 19, has been moved up to July 24.

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‘Progressive energy:’ Hudson, Payne wins signal generational shift

In the end, the 57th District race pitting a millennial and a baby boomer for the open House of Delegates seat wasn’t even close. Thirty-year-old Sally Hudson crushed two-term City Councilor Kathy Galvin with 66 percent of the vote in the June 11 primary.

The same dynamic played out in the Democratic primary for City Council, where there are three open seats. Michael Payne, 26, led the pack of five candidates. In November, he’ll supplant outgoing councilor Wes Bellamy, 28 when elected, for the title of youngest person to sit on council.

“I think it’s a big turning point for our small community,” says former councilor Dede Smith, who is a Hudson and Payne supporter. “We’re coming into a new era with our leadership.”

For former mayor Dave Norris, Hudson’s margin of victory “indicates local voters are ready for a new direction.”

Hudson says, “It was striking we won every precinct in the district.” She’s unopposed in the November general election, and she says she’ll spend time helping other Dems get elected because “the Republicans in Richmond are so unsupportive of what we want to get done.” The GOP holds the House by a slim, two-seat majority.

In the City Council race, many had predicted well-known lawyer and top fundraiser Lloyd Snook, 66, would bring in the most votes. He came in second behind Payne.

“The order surprised me,” says Smith. And Sena Magill’s taking third place was also a surprise for Smith. “I thought Brian Pinkston was emerging.”

Former city councilor Bob Fenwick, 73, trailed in last place.

“I think it’s a generational shift,” says Smith. “Being a candidate in the fairly recent past, most voters were baby boomers or older. It was shocking. I think we’re beginning to see a wake up to this maturing [millennial] generation that voting matters.”

For Payne, co-founder of Indivisible Charlottesville, leading the pack is a sign “the community wants to see bold, progressive change on affordable housing, racial equity, and climate change.”

“One of the qualities Michael and I share is a sense of the fierce urgency of now,” says Hudson.

Primary winners Payne, Snook, and Magill will face independents Bellamy Brown and Paul Long on the November 5 ballot, and while the odds are in their favor in Dem-heavy Charlottesville, in 2017 Mayor Nikuyah Walker became the first independent to get on council since 1948.

Statewide, UVA Center for Politics’ Kyle Kondik saw “some progressive energy,” but that didn’t always prevail, notably in the 35th District race in which incumbent Senate Minority Leader Dick Saslaw eked by his challenger.

“If Democrats win the House and Senate, it will be the most liberal state government in Virginia ever,” says Kondik. Hudson, he says, is to the left of outgoing House Minority Leader David Toscano. If Dems take the General Assembly and get a chance to govern, he says that could result in policy change—the same message Hudson was hammering.

The other trend in local Democratic primary races is that women prevailed. Chief Deputy Chan Bryant defeated RMC regional director Patrick Estes with 63 percent of the vote to secure the party’s nomination for Albemarle sheriff. She’ll face independent Ronnie Roberts, Lousia police chief, in November.

And in the Rivanna District, Bea LaPisto Kirtley edged out Jerrod Smith with 54 percent of the vote. She does not have a challenger for the Albemarle Board of Supervisors in the general election in November.

The other General Assembly primary that includes part of Albemarle is the 17th District, where former Charlottesville School Board member Amy Laufer’s 79 percent of the vote obliterated Ben Hixon. Laufer will face incumbent state Senator Bryce Reeve, who easily fended off challenger Rich Breeden with 82 percent of the vote in that district’s Republican primary.

Correction June 17: Jerrod Smith was misidentified in the original story.

 

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City vision

Former Charlottesville mayor Maurice Cox, now Detroit’s director of planning and development, talks about managing growth, recovering from a crisis, and the power of telling the right story.

There was a time when Maurice Cox couldn’t escape being recognized in Charlottesville. In August 2012, almost a decade after he served as mayor, he sat with a reporter at a restaurant on the Downtown Mall, on the eve of his departure to New Orleans to become dean of community engagement at Tulane University School of Architecture.

“The Honorable Maurice Cox!” a passerby yelled, and Cox responded with a wave and a smile. “Once a mayor, always a mayor here,” he said. “I’m going to miss that.”

More recently, the man who served as Charlottesville’s mayor from 2002 to 2004 again joined a reporter for lunch on the mall. No one called out to him, and Cox enjoyed a bacon cheeseburger in quiet anonymity. But if brilliant city planners commanded the cultural pull of movie stars, the paparazzi would have been swarming.

Now the director of planning and development in Detroit, Cox was in town for final reviews of students’ work at the UVA School of Architecture, where he was an assistant professor from 1993 to 2012. Cox, who received his degree in architecture from New York’s Cooper Union in 1983, has also been design director at the National Endowment for the Arts, spent six years teaching architecture in Florence, Italy, as part of Syracuse University’s Italian program, and, while in New Orleans, was director of Tulane City Center. Architect Magazine has noted that Cox “is considered to be a phenomenon within urban planning circles: smart, passionate, and inspiring.”

Given all of this, and Cox’s record as a public official in Charlottesville, we were eager to get his take on how our city has evolved—and dealt with adversity—since he left.

He knows dire situations. He arrived in New Orleans while the city was still reeling, albeit years later, from Hurricane Katrina. And he answered the call in Detroit in the wake of its historic population decline and declaration of bankruptcy.

Cox also faced a major crisis when he was in office in Charlottesville. In fact, if he and a group of fellow activists hadn’t stepped up, the city may have become a town in Albemarle County as part of a “reversion” movement. But Cox not only prevailed in the face of that existential threat, he laid the groundwork for Charlottesville to develop a dense urban core, become navigable on foot and by bicycle (his trademark form of transportation to this day), and combat sprawl and displacement of city residents.

The latter is still a challenge, and some of his projects (like his quest for a trolley along Main Street) never came through. But to the extent that Charlottesville exudes a sense of “urbanity” (his word) it can be traced back to Cox.

A skilled multitasker, the pin-thin former mayor, dressed in a slim gray suit and bright green shirt on a sunny day in May, managed to share his views of Charlottesville while also polishing off that fist-sized cheeseburger.

C-VILLE Weekly: Among the issues you faced as city councilor and mayor was reversion—the idea that Charlottesville would revert back to being part of Albemarle County. Why do you consider that a crisis moment?

Maurice Cox: It was ultimately an excuse to sprawl. We recognized that moment and saw an opportunity to think about how we grow in our own footprint.

The city needed to replenish its tax base. Housing, middle-class housing, was just nonexistent. So, reversion was a way of annexing effectively all of the commercial property that is the sprawl of Route 29. But it wasn’t going to address the sprawl, per se, or create urbanity—to have Charlottesville grow up.

We started looking at our commercial corridors and zoning ordinances, and we said, You know what? Let’s throw the sucker out if it’s not going to produce the kind of city we want, and look strategically at where we can absorb density.

The density you speak of is arriving on West Main Street now. Is that what you envisioned?

At the time, the goal was to give West Main Street enough density to support transit and a vibrant public realm. So, yes, the emerging density is consistent with what we had envisioned. But the goal was also to promote a density sensitive to its immediate context. Any misgivings I have today pertain to the scale of the development and the architecture of many of the new buildings.

In his time on council, Cox pushed for more density on West Main (pictured at left in 2011). Now, much of that development has materialized, but Cox has misgivings over the scale and architecture of some of the new buildings. Photos: Steve Trumbull (left); Skyclad Aerial (right).

For example?

The architecture developing towards the university hospital end of West Main appears to be of good quality and scaled for pedestrian use. The new construction beginning to intermingle with the existing buildings between the Amtrak station and Ridge McIntire Road also looks extremely promising—in large part because there was enough historical context for the architects to respond to. That end seems to be producing what I call “gentle density,” which is sensitive to its context and pedestrian in scale.

On the other hand, The Standard and The Flats are completely generic, architecturally dated, and insensitive to the scale of the neighborhoods to the north and south, Fifeville and Westhaven. The monolithic nature of The Standard effectively—and intentionally, I believe—creates a wall denying residents of Westhaven pedestrian access to West Main, and should never have been allowed to happen. The Flats student housing, which was supposed to transition down to the single-family neighborhood of Fifeville, according to the zoning, does the opposite, growing taller towards the neighborhood.

This happened because special density variances were granted, and I’m sure the council that approved the exception wishes today that they had followed their own rules. Just proves that it’s possible to get the density right and the form and the scale completely wrong.

The most obvious recent crisis the city has faced was brought on by the Unite the Right rally and its fallout. What is your opinion of how the city has handled that?

It was an enormous opportunity. But the statues are still standing, which suggests that we haven’t dealt with the crisis.

But it’s part of a larger issue that Charlottesville has dealt with for many, many years. Monticello, anyone?

It’s fascinating, because during the ’90s, the first thing Monticello had to address was the relationship between Sally Hemings and Thomas Jefferson. At first, they didn’t embrace this, but the evidence was so compelling that they had to acknowledge it. And it’s become a part of the incremental recasting of Monticello as a plantation, as opposed to a presidential retreat.

It is incremental, as you say.

On my way here, I walked past the memorial being built about UVA and its relationship to slavery. That’s another incremental step—the university coming to grips with that legacy. But the bigger issue right now is the city itself. And I think that until the city constructs another narrative, it is going to be known for that day in August.

In Detroit, the popular press wrote the narrative for 50 years. And it’s only through the force of a collective will that a new narrative is starting to emerge. I can take some ownership of that, but it does require a kind of collective courage. Individual courage, no, because you don’t do these things alone.

I presume that the narrative for Detroit is that the comeback is real. But people have heard that story before. Why is it different now?

When I arrived [in 2015], the city had just gone through bankruptcy. Without having gotten rid of that debt, I don’t think we would be able to attract the investment that’s being attracted now. We have an administration that can actually perform the duties expected of government, like getting lights to come on at night, picking up trash, demolishing burnt-down houses, getting emergency vehicles to arrive. That’s been the precursor to my being able to engage residents in a conversation about the future, because the present was being tended to.

We’ve had hundreds of meetings with residents. We’re listening, and we’re talking about the character of their neighborhoods, and what the future should look like. It’s a very empowering experience, for anyone who was normally preoccupied with the basics, to have enough mental space to talk about the future, and have some hope.

So what else could Charlottesville do?

You think about what other generations did, how they used civil disobedience. They got arrested for things they believed in. This notion that the courts, the Virginia courts, would cart our city council off to jail if they defied the order that the monuments could not be removed—I’d be curious to test that. I think it would be a national story. It’d be an international story.

There are other cities that removed the statues, and they did not face the legal impediments that Charlottesville has faced. But you don’t deal with these issues by soft-pedaling. That’s where civil disobedience comes in. I’m afraid that ultimately that’s what it’s going to take. Every day [the statues] sit there on the plaza is a reminder of unfinished business.

Let’s return to the issue of development in Charlottesville. Is what you’re seeing now a fulfillment of your ideas? Where do you think we stand?

We clearly made the argument that there are places that could and should absorb higher density that would create a kind of context for a pedestrian-oriented development with character. And so, the density is landing in the right places, but the character is questionable.

There’s also the challenge of unintended consequences. When you create the density that could potentially support transit and walkability, you make something of value that can create displacement, which has happened. The question is, how do you offset the fact that you created something of value? The answer is generally in the realm of affordable housing.

In Detroit, the city has made a commitment to 20 percent affordable housing in any development that receives public resources, and a commitment to retain 10,000 units of federally regulated housing. That includes Section 8 housing like Friendship Court in Charlottesville. Affordable housing has to be grafted onto the market-rate housing.

You invest in the public realm, and you protect the existing inventory of affordable housing so that people don’t get displaced. You do one without the other, then you’re going to get displacement, and that seems to be the challenge that Charlottesville faces. Put in the density and investment in the public realm, but also don’t forget to put in the policies and mechanisms for robust pushback in the area of affordability.

What we’re talking about for Detroit is a growth strategy. It stems from the basic notions that everyone who stuck it out with the city through thick and thin deserves to benefit from the opportunity that growth presents, and that the city should follow public policy that assures it’ll happen.

We were talking earlier about sprawl. Have you noticed the development along Route 29, out Fifth Street Extended, along Route 20?

Yeah, there’s a lot of it.

What does that signal? For most people those places are not affordable.

It’s all feeding off of the success of the urban core and the proximity to a thriving urban center. It’s a symptom of the city’s success that the county sprawl may be a little more tidy, but the quality is really, really low. Maybe in 50 years we’ll look back and [the new developments] will have provided the massive amounts of affordable housing that we need—that’s what it’s going to become, because quality has not been a factor in its development.

There is also the issue of public transportation. What are your observations about that in Charlottesville?

It’s still a fundamentally car-dependent region that’s not pushing hard enough on the alternative transit options. This is where the governmental structure inhibits the kind of regional cooperation that you need for transit. There’ve been fits and starts, but mostly fits and stalls.

That’s not unlike other areas that have a divide between the city and county. We always said, ‘Well, let’s try to jumpstart a pedestrian-oriented, transit-oriented core.’ And that’s where a streetcar down Main Street was a very viable scenario. It would have been an important demonstration that we can weave other modes of transportation into this small city.

Maurice Cox in 2006. Photo: Jen Farielo

Is it really any different in Detroit?

There’s a similar reluctance to embrace alternative modes of transportation in Detroit, the Motor City. But we’re pushing hard by making protected bike lanes a part of all the street improvements. Detroit is wonderfully flat and the streets are wonderfully wide, and you can get a lot of different modes of transportation in them. Detroit laid more protected bike lanes, which are the ones up against the curb with a buffer, than any city in America last year.

What else is Detroit doing to support alternative transportation?

We’ve identified 30 different areas where we can make Main Streets, slow the traffic down, integrate more modes of transportation, and create a public ground. We call them micro-districts. What we’re going for is not unlike the ambiance here on the mall, where you can shop and recreate within a 20-minute walk of your house.

Charlottesville is a great example to consider, because the mall is only eight blocks long. This is about as far as you are probably willing to walk for a couple of restaurants and your favorite coffee. And so, most of the micro-districts we are conceiving of in Detroit are no more than six, eight blocks long. But can you create that kind of mixed-use, retail Main Street in every single one of the neighborhoods? We think you can in some, and that’s more or less what’s happening.

It also involves increasing density, but it’s much more gentle density than even what we’re seeing here. Most of the buildings are three or four stories, maximum six, and we’re conferring with the public to set the tone and address the question of quality. We’re not just letting the market do what it wants to do, which is to be kind of status quo and mediocre. We want excellence. We’re pushing publicly commissioned work to an extreme, and then asking the private sector, can you top it?

Given the sheer size of Detroit— 139 square miles, as opposed to Charlottesville’s 10.4 square miles —is there an acknowledgment that some parts, and perhaps even some very large parts, are going
to have to be fallow?

Or that some parts are going to have to wait, which is what interests me about Detroit. It’s a laboratory for slow, sustainable urban growth. We’re experimenting with what it’s like to create an urban environment where you can walk and bike, but at the same time, we recognize that the same set of tools won’t work in neighborhoods that have lost significant populations.

We are now getting to those neighborhoods where you have to have a different maintenance strategy for vacant land. It might be a reforestation effort. It might be intersecting reforestation with commercial nurseries, tree nurseries. We are testing that idea. It might be hundreds of flowering meadows, and we have a place where we’re testing that idea, too. We acknowledge that you’re going to have to shift to a landscape-based strategy in areas that feel more rural, so it would be a mistake to try to force them to be urban.

You get that cross-section of neighborhood types in Detroit to explore. It’s a wicked problem. Every day we attempt to address it. I see why no other city in America that went through extreme population decline has succeeded. But we do have an appetite for experimentation. We acknowledge that one size doesn’t fit all. And so, the exact opposite of uniformity is what’s going on in Detroit.

Speaking of empty space, was City Yards an issue when you were mayor? How would you deal with it, with the benefit of hindsight?

I think with City Yards and a few other places near downtown, you could afford to do some unconventional experimentation. I don’t think it’s about high-density development. It’s probably about landscape as a framework. Yeah, I think it’s too valuable to stay fallow, but it’s too big and difficult to use a conventional set of tools. And there’s no shortage of fantastic landscape thinkers right here in Charlottesville. A very intentional bridge has to be made between city government and the academy, and it can be figured out.

Of the problems that you saw and addressed when you were here, which ones still exist, and how should they be handled?

These things can’t be approached in the abstract. Racism exists. Where does it exist? Does it exist in our housing policy? Does it exist in the economic opportunity given to entrepreneurs? It has to be grafted onto something real. So getting together for a kumbaya conversation about racism, while it may temporarily make you feel good, produces very little lasting impact. When you say we’re going to address the displacement of people by changing our housing policy, that’s tangible. When you say we’re going to build a cultural center to make sure that the history and the legacy of urban renewal is forever understood, like the Jefferson Center, that’s a tangible example of addressing an issue.

Even an effort to have minority businesses on the mall would be a good start. In Detroit, we have a program that matches entrepreneurs to real estate opportunities—and everything from business planning to getting the bricks and mortar—to open up a shop. Sixty-five percent of the people who receive grants are women, 70 percent are people of color. That’s a direct answer to, will economic opportunity on these Main Streets that we’re creating look and feel like the communities they exist in?

Where does your experience in architecture come in?

The power of design is its ability to convene people around a project, not an abstraction, and that is one of the reasons why design is so engaging even for the laypeople. At the end of it, there’s something standing there that’s a built environment, that’s a natural environment as a result of your hours and hours and hours of meeting. I think those are tangible ways to address issues of equity and inclusion. That’s been a mainstay. At least it’s been a mainstay in my career to use the imperative to build, to shape, as a way to have a larger conversation about what kind of community we want, who belongs in it, and how do we all get access to it.

In Detroit, we do it by culturally tagging infrastructure that is unifying the city. The Joe Louis Greenway, which unites dozens of neighborhoods, was purposefully named so that for the next hundred years people will think of this iconic sports figure as someone who unites the city. Or we do a park, and we bring a renowned African American artist, Hubert Massey, to work in the infrastructure of art, in this case a 160 foot-long mosaic tile wall that turns into a community build with kids and adults. It’s also in a park named after Ella Fitzgerald, another cultural icon. And so, these are ways to bring in a creative impulse that tells people…that this belongs to them.

So, you’re still commuting by bicycle in Detroit, as you did here?

I am. I live a commutable distance from work. I’ve always insisted on biking, and hiking and walking, ever since Charlottesville. I can see the city with all of my senses, and it helps you pay attention to detail and to the feel and the character of a place. It’s my way of doing some research even in the most banal act of going from home to work.

Do you think Detroit will ultimately be a success story?

Well, in some ways it already is. Let’s not forget that it’s also the largest African American city in America. So when a black city builds more protected bike lanes than a city like Portland, that in and of itself is newsworthy, and what does that mean? I’m always mindful that it’s not like we’re just doing this in any city. We’re doing this in the blackest city in America. Majority African-American cities have long been equated with dysfunctionality, corruption, and poverty. We have a chance to defy that stereotype and write a different narrative about a progressive, exploratory, inclusive, African American-majority city.

We are mindful that it’s a narrative that is very, very powerful. And that’s what I mean by Charlottesville has to find a way to snatch back its public narrative. Detroit did it with an onslaught of positive, affirming, forward-looking, progressive stories.

All of a sudden people feel like we’ve cured something. But we still have poverty. We still struggle with vacant land and home abandonment. But the counter-narrative is so compelling that people are not writing exclusively about Detroit’s decay and decline. I’ve seen that happen in a matter of four or five years, so I know that Charlottesville can do that.

It’s not going to happen just by the passage of time. People are not just going to forget, and I think that’s the issue: What willful actions can your public leaders and civic leaders take to snatch back the narrative of Charlottesville?


Highway blues: losing the battle for McIntire Park

When Maurice Cox was elected to the City Council in 2000, debate over the proposed road then known as the Meadowcreek Parkway had ground on for decades. The road, eventually christened the John W. Warner Parkway, is now a reality, but it looks the way it does (“a beautiful parkway rather than a highway,” as Cox puts it) in large part because of efforts by Cox and other local activists.

After decades of debate, the John W. Warner Parkway, which connects East Rio Road to McIntire Road at the U.S. 250 Bypass, finally opened in January 2015. Photo: Skyclad Aerial

The parkway, first proposed in the 1960s, aimed to connect East Rio Road with McIntire Road, easing traffic on Rio and Park Street, and providing more direct entry into the city of Charlottesville from suburban northern Albemarle County neighborhoods.

“I was convinced then and still believe today that the Meadowcreek Parkway was Charlottesville’s greatest gift to Albemarle County,” Cox says. “Charlottesville sacrificed the city’s largest park, McIntire Park, in order to relieve traffic pressures from the county’s out-of-control growth along 29 North.”

Plans were coalescing by the time Cox was elected, but opponents, who challenged the then-prevalent idea that building more roads would ease traffic on existing ones, had laid out a set of demands for keeping it circumscribed. Among other concerns, they sought to ban truck traffic, limit speeds, and reduce the number of travel lanes from four to two.

“We never had the votes to kill the darn thing,” says Cox, “so instead I spent eight years of my political career trying to ‘defang’ a four-lane divided highway, aimed straight through the heart of downtown.”

Cox fought successfully for design restrictions that kept its interchange with the U.S. 250 Bypass relatively compact and its footprint narrow, so future leaders wouldn’t easily be able to widen it.

“Being a designer, I figured if you couldn’t kill it then perhaps I could use the power of design to resize the threat and remake it into one of the best two-lane parkways Virginia has built in a generation.”

But he adds, “we shouldn’t forget that we lost out on a great opportunity to gift to the next generations a world-class McIntire Park.”

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Show them the money: Revenue commissioner says no to Airbnb collecting local occupancy taxes

Over graduation weekend, Fry’s Spring resident Chris Meyer rented his house for a “ridiculous amount of money to someone from California,” he said at City Council May 20.

He appeared before council to complain about the difficulty he encountered in getting the proper city permits and in trying to remit the transient occupancy tax, and asked councilors: Why not do what Alexandria and Blacksburg do and have Airbnb collect the lodging tax? He also suggested raising the rate from 7 percent to 15 or 20 percent, and using that money for affordable housing rental vouchers.

Mayor Nikuyah Walker commended his “very different perspective,” and councilor Kathy Galvin noted that in 2018, the city lost about 250 housing units to short-term rentals.

Commissioner of Revenue Todd Divers is not enthusiastic about the idea of turning lodging tax collection over to a “multinational corporate entity that has repeatedly shown its willingness to flout tax, zoning, and regulatory structures all over the world.”

In a memo to City Council and City Manager Tarron Richardson, Divers says his office is doing a “fantastic” job of collecting transient occupancy tax of licensed homestays—over $1 million since the city created a hotel residential permit a few years ago.

His problem with having Airbnb collect the lodging tax is that the company will not disclose the identity and location of hosts, nor will it allow the city to audit its tax records more than once every four years, which means the city has to take Airbnb’s word it’s collecting all the taxes. Meanwhile, the city still must make sure hosts have business licenses and homestay permits.

Divers also questions how Airbnb can determine the appropriate jurisdiction for an Albemarle rental with a Charlottesville address.

“We’ve done this all over the world,” says Airbnb spokesperson Liz DeBold Fusco. Airbnb has collected more than $1 billion in taxes in 400 municipalities. “I’m not sure why [Divers] thinks our methods don’t work.”

She also “vehemently” disagrees with his characterization the company flouts regulations. “We think that’s baseless.”

Divers points out that 189 jurisdictions in Virginia collect lodging taxes, and he contends that rather than asking why Charlottesville doesn’t follow the Alexandria/Blacksburg model, the question should be, “why did 187 other jurisdictions in Virginia reject it?”

In Meyer’s case, Divers says someone who rents out his home once or twice a year, is “de minimis” by taxation standards, which means the person doesn’t have to get the short-term rental permit. “I’m not going to make you do anything” as far as trying to collect the lodging tax, says Divers, although one is still free to pay the tax if he wants.

However, he’s still checking the Airbnb website, and if someone claims to have an infrequent rental and he finds out otherwise, “I’m going to come to get you,” says Divers.

Meyer met with Divers after the City Council meeting, and learned he didn’t have to do the paperwork, but he still feels the city should be collecting the $125 tax in his case.

And he likes the idea of making a difference between the lodging tax hotels pay and the tax on short-term rentals, upping the transient occupancy tax to 15 or 20 percent on the latter to help mitigate the loss of housing stock.

“That excess revenue should be plowed into rental housing vouchers,” he says, “to help people displaced by Airbnb.”

Developer Oliver Kuttner owns nine apartments on the Downtown Mall that he rents full-time on Airbnb, for which he pays more than $1,000 per month in transient occupancy taxes. He says the city pays “lip service” to affordable housing. In 2015, he wanted to build micro-apartments behind the Glass Building on Second Street SE, but couldn’t get the rezoning needed. An office building is now going up in that spot.

“It cost me $80,000 [in permits] and six months of my life to be denied the permit to build micro-units,” he says. “The city is the single biggest obstacle to lower-cost apartments.”

Now, he wants more decentralized hotels like Airbnb. “We need to support the person who wants to build one hotel,” says Kuttner. “I would like to see more independent hotels than a fifth Marriott downtown.”

Currently Charlottesville has no plans to funnel lodging taxes into affordable housing vouchers, says city spokesperson Brian Wheeler. The taxes go into the general fund, which funds the city’s affordable housing initiatives, he says.

Meyer says he thinks Divers is doing a “very good job” in collecting the lodging tax, but says, “I wonder if we can do better.”

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In brief: City digs in, winemaker dies, rioters plead, and more

Truth in scheduling: Progress joins City v. Civilian Review Board fray

A Daily Progress reporter was a topic of discussion during public comment at the May 6 City Council meeting, following Nolan Stout’s story earlier that day that police Chief RaShall Brackney’s calendar seemed to contradict claims that she was unavailable to meet with the Police Civilian Review Board.

CRB member Rosia Parker thanked Stout for his reporting, while Mayor Nikuyah Walker blamed Stout for the escalating tension between the chief and the review board. Councilor Wes Bellamy said he had “personal issues” with the article, and defended Brackney and her calendar. Police gadfly Jeff Fogel yelled at Bellamy to “not punk out,” and Bellamy replied, “You’re the last one to tell me to punk out.”

The latest outburst follows a bizarre April 26 city press release that accused a CRB member of lying about Brackney refusing to meet with the board. That was followed by an even weirder April 30 retraction of the falsehood allegation, which instead pointed the finger at the Progress’ reporting. The paper stands by its story.

And in the latest deepening of trenches in the war of words, city spokesman Brian Wheeler told Stout his Freedom of Information Act request for emails between Brackney or her secretary and City Council or CRB members, and emails between councilors and CRB members, would cost $3,000 and require a $700 deposit. Wheeler refused to break down the costs, which are unprecedented in C-VILLE Weekly’s experience with FOIA.

Megan Rhyne with Virginia Coalition for Open Government says this is only the second time she’s seen a local government refuse to detail its alleged costs, and tells the DP, “I don’t think it’s very transparent.”


Quote of the week

“I believe we have more than enough mandatory minimum sentences—more than 200—in Virginia state code.” Governor Ralph Northam on why he won’t sign any more such bills, which he calls punitive, discriminatory, and expensive


In brief

Carbon friendlier

Charlottesville’s carbon emissions per household—11.2 tons annually—are a ton above the national average. City Council voted unanimously at its May 6 meeting to approve a climate action plan that includes a goal of 45 percent carbon emissions reduction by 2030, and total carbon neutrality by 2050.

Wine pioneer dies

David King. file photo

 

David King, patriarch of King Family Vineyards, died May 2 after what the family calls a “hard-fought” battle with cancer. The 64-year-old was a past chair of the Virginia Wine Board, a polo player, pilot, and reserve deputy with the Albemarle County Sheriff’s Office search and rescue division. The family will host a celebration of life on June 14 at their Crozet family farm from 7:30-9:30pm.

Rioters plead

The last two members of the now-defunct California white supremacist group Rise Above Movement, who traveled to Charlottesville for the August 2017 Unite the Right rally to brawl with counterprotesters, pleaded guilty May 3 in U.S. District Court. RAM founder Benjamin Drake Daley, 26, from Redondo Beach, and Michael Paul Miselis, 30, from Lawndale, each pleaded guilty to one count of conspiracy to riot. Fellow RAMmers Cole White and Thomas Gillen previously pleaded guilty.

The Guys

Unrelated Bridget Guy and Kyle Guy got top UVA athletics honors at the Hoos Choice Awards May 1. Bridget, from Greensburg, Pennsylvania, is an all-American pole vaulter who was undefeated this season. Indianapolis-native Kyle was named Most Outstanding Player of the NCAA Final Four, in part for his sangfroid in firing off three free throws in a row to beat Auburn 63-62.

Flaggers appeal

Confederate battle flag-loving Virginia Flaggers were in circuit court May 2 to appeal a Louisa Board of Zoning Appeals decision that the 120-foot pole they raised on I-64 in March 2018 to fly the “Charlottesville I-64 Spirit of Defiance Battle Flag” exceeded the county’s maximum of 60 feet. The judge has not yet issued a ruling.

Cruel and unusual

The U.S. 4th Circuit Court of Appeals ruled in favor of Virginia’s death row inmates, who spend years alone in a small cell for 23 to 24 hours a day. The justices said the inmates face a “substantial risk” of serious psychological and emotional harm in violation of the Eighth Amendment in the case filed by local attorney Steve Rosenfield.

UVA student sentenced

When former UVA student Cayden Jacob Dalton drunkenly abducted and strangled his ex-girlfriend in August 2018, she told the judge “there was no doubt in my mind that I was going to die.” Now, he’ll serve one and a half years for the crime, with the rest of his 15-year sentence suspended.


Show us the money

With the first campaign finance reports filed March 31, we learned who’s pulling in the bucks ahead of the June 11 City Council Democratic primary,  as well as the funds raised by independents Paul Long and Bellamy Brown.

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We’ve got work to do: Lagging behind, Charlottesville aims for more ambitious climate goals

In the words of Kermit the Frog, it’s not easy being green. Though the Muppet references the color of his amphibian skin, the famous line is a sentiment that also rings true for Charlottesville, where carbon emissions per household are more than a ton above the national average.

With 10 tons of carbon emissions per home annually, the United States trails the considerably more environmentally-friendly Europe by nearly five tons, but “as a city, we’re even further behind,” says Susan Kruse, the executive director of the Charlottesville Climate Collaborative.

Charlottesville lags behind both America and its neighboring continent by clocking in at 11.2 tons of greenhouse gas emissions per household, according to local environmentalists like Kruse, who used an emissions calculator from the California-based Community Climate Solutions.

“We have a lot of work to do,” she says.

City data shows that local greenhouse gas emissions have decreased by nearly a quarter since 2000, from approximately 470,584 metric tons to 362,192 metric tons in 2016. But according to an Environmental Protection Agency equivalency calculator, that’s still enough carbon dioxide to match the greenhouse emissions from 76,899 cars in one year.

Why is an ostensibly progressive community like Charlottesville doing so poorly? Kruse has a few theories, including that the city’s current emissions reduction goal is weak, and the average income here is greater than the national average, so more people own bigger homes and additional vehicles.

“Another factor is that our city was not designed around a robust public transportation system,” she says. “Without an adequate base of affordable housing to serve our community, those who cannot afford to live in Charlottesville rely on their cars to get to work.”

Time for a change

There’s a bit of history to the city’s various attempts to reduce its footprint. In 2011, it committed to a community-wide greenhouse gas reduction goal of 10 percent below those 2000 baseline levels by 2035, a far less ambitious goal than other Virginia cities like Richmond, which has pledged to reduce emissions by 80 percent by 2025. But when city leaders signed on to the Global Covenant of Mayors in June 2017, they agreed to tackle a more aggressive, three-phase goal, which started with an inventory of citywide gas emissions, and will now require setting a new target for reduction, and the development of a climate action plan.

The time may be right, says Susan Elliott, Charlottesville’s Climate Protection Program manager. Given the changes in available technology, cost improvements, utilities integrating more renewables into their fuel mixes, and the city’s increased focus on affordable housing, “Charlottesville is both capable and at a timely point to adopt a new and more ambitious reduction goal,” Elliott says.

She gave the most recent update on this initiative to City Council in November, when she said the inventory phase was finished, and that residential energy, commercial energy, and transportation were the highest contributors to carbon dioxide emissions—at 29.8, 27, and 26.6 percent, respectively. The city then accepted public comments through March to give community members a chance to weigh in on a draft recommendation for an official reduction target and action plan, which will be presented to council May 6.

The Charlottesville Climate Collaborative is one of several groups urging what it calls a “best in class” climate goal of a 45 percent reduction (of 2010 emissions levels) by 2030, with the additional objective of total carbon neutrality by 2050. This is the threshold recommended by the Intergovernmental Panel on Climate Change, and one that Elliott says she expects her draft recommendations will reflect.

Albemarle officials recently proposed the same net zero goal for 2050.

But Anna Bella Korbatov, chair of the Cville100 Climate Coalition, says environmentalists are urging local leaders to do more than just set robust climate goals. In order to meet their target, she suggests committing to conducting a greenhouse gas inventory every two years, benchmarking progress, and making the data clearly available to the public to make the process more transparent.

And while Charlottesville is already taking steps to address climate change, areas in which the city could use some work include addressing equity issues, tree cover, and transportation, she adds.

Making goals a reality

“Energy efficiency work is really at the nexus of affordable housing and climate change action,” says Chris Meyer, the executive director of the Local Energy Alliance Program “It is not very sexy, but it delivers immediate results to reduce energy bills [and] related greenhouse gas emissions, and increases a low-income household’s quality of living.”

LEAP is tackling this issue head-on, and in 2018 it delivered free energy efficiency improvements—such as new insulation, LED light bulbs, and aerators for faucets and shower heads—to 475 low-income homes in Charlottesville and Albemarle, with financial support from the city, county, and Dominion Energy.

Charlotte and Ralph Terrell are grateful to the Local Energy Alliance Program for improvements that keep their home warm in the winter and cool in the summer. Photo: Eze Amos

Over the past several years, LEAP has made multiple improvements to Charlotte and Ralph Terrell’s home in the 10th and Page neighborhood, including insulating multiple walls, ceilings, and closets. They’ve also made safety enhancements to their dryer hose, installed an upstairs heating and cooling unit, and replaced 13 60-year-old windows.

“Our gas bill has gone down considerably because the house is holding the heat in the winter,” and staying cool in the summer, says Charlotte. “We are very, very thankful for that.”

One of the major challenges Meyer’s organization faces is identifying those in need. “There are resources available, we just have a tough time connecting with those who are eligible,” he says.

Another way to make a home—and a city—more efficient is quite simple, says Wild Virginia board member and lifelong nature lover Lil Williams. Look no further than the trees.

“You don’t have to recreate the wheel,” she says. “You have to plant the right kind of trees in the right place and you have to maintain them.”

Cities are heat islands that absorb and retain warmth, and are generally a few degrees warmer than rural areas. Planting shade trees is proven to decrease a city’s temperature from two to nine degrees based on the type and location, she says.

Due to increasing development and natural causes, Virginia cities are losing approximately 3,000 acres of trees per year, and globally, 20 percent of total greenhouse gas emissions can be attributed to deforestation, says Williams.

“In Charlottesville, we’ve cut down whole swaths of forest and put in apartments and shopping centers,” she adds.

While development may be inevitable, Williams recommends the city plant broad-leaf deciduous trees in more densely populated areas with higher pollution levels, such as near schools, hospitals, and in disadvantaged communities, where shade is proven to decrease the cost of air conditioning and electricity.

The city’s 2007 comprehensive plan established a goal of 40 percent tree cover, and a 2009 study found that number at 47 percent. When the city reassessed it in 2015, tree cover had decreased by 2 percent.

Williams expects tree cover has continued to decrease over time, and seemingly without a one-for-one replacement.

A 2018 city “greenprint” noted that, “while 45 percent is a good canopy coverage, the citywide percentage does not tell the whole story,” because 72 percent of that canopy was on private land, and increasing cover would require participation from the private and public sector.

The city’s urban forester, Mike Ronayne, says the tree commission has recently said it would like to instate a 50 percent canopy goal.

Aside from encouraging the planting of more trees, community activists also hope the city’s forthcoming climate action plan will include a better plan for regional transportation, which accounts for 26.6 percent of all local gas emissions.

City residents have long complained about the ineffectiveness of the Charlottesville Area Transit. “People have a hard time getting from point A to point B in a reasonable amount of time,” says C3’s Kruse. “The buses are not always reliable.”

She says the city should look at public transportation and its layout as an aspect of affordability and emissions reduction.

“It’s not just about whether Charlottesville is walkable or bikeable, it also has to have public transit for the people for whom those are not options,” she adds.

Signs of hope

But it’s not all bad news—there are some areas in which the city is successful. Charlottesville has been a leader in piloting and funding climate protection-related programs, including joining the U.S. Mayors Climate Protection Agreement in 2006, and drafting its vision for becoming a “green city” by 2025 three years later, CPG’s Elliott says.

In 2017, Charlottesville was the first Virginia city to earn a SolSmart designation, meaning city leaders incentivized going solar by hosting a community “solarize” campaign, reviewing zoning codes, and identifying and addressing restrictions that prohibited solar development.

Several city buildings—including the Smith Aquatic and Fitness Center, Fontaine Fire Station, and Lugo-McGinness Academy—have installed solar panel systems, and the city tracks their energy production. The solar arrays at Charlottesville High School, installed in 2012, supply about an eighth of the school’s annual electricity usage.

Some private companies have followed suit: Carter Myers Automotive in Albemarle, for example, recently built a solar array that covers more than 90 percent of the dealership’s energy use.

To meet a more ambitious carbon reduction goal, the city will also have to work with UVA, its largest employer. The university has its own climate goal—currently, it’s a 25 percent reduction of 2009 emission levels by 2025. Despite university growth, it has already reduced emissions by nearly 19 percent, says sustainability director Andrea Trimble, and is on a trajectory to meet its goal ahead of schedule. Like the city and county, UVA is in the process of developing a new sustainability plan and more aggressive climate goal, and Trimble says all three entities are working on coordinating their efforts.

Says Kruse, “We have leaders in our community who are stepping out and doing the right thing. What we need to do as a community is learn from those leaders and put forward new policies.”

Corrected April 17 at 1:43pm with the correct figure from the Environmental Protection Agency equivalency calculator.

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Surprise, surprise: Councilors Bellamy and Signer will not run for re-election

For some, it came as a shock when City Councilor Wes Bellamy announced yesterday that he would not run for re-election, especially considering his public remarks the week before that made it sound otherwise.

At his March 20 Virginia Festival of the Book event with former New Orleans mayor Mitch Landrieu, where the two politicians discussed how Confederate statues are symbols of institutional racism, Bellamy indicated he was likely to run for a second term because the best way to change policy “is through elected office.”

But a Rob Schilling report—from just a few hours before the 125 signatures needed to participate in the Democratic primary were due yesterday—cited “recent reports from deep inside the nascent Bellamy campaign” that he was more than 75 signatures short.

Then the former vice-mayor penned an open letter to the community, which said, “I love the people of this city, but I love my wife, my daughters, and our unborn child more. And because of my love for them, I am stepping aside for new energy. …Honestly, I need a break for my mental health, my physical health, and my family’s well being.”

Though city council voted unanimously to remove Charlottesville’s Confederate monuments after the Unite the Right rally, Bellamy, who has been calling for their removal since 2016, bore the brunt of the vitriol from local and faraway statue supporters and racists. Those included Jason Kessler, who dug up some problematic, years-old tweets from the only black councilor at the time, and called for his resignation.

Bellamy has publicly discussed the multitude of threats he and his family members receive daily.

“Some people will say that I’m quitting, or that I’m giving up, and that’s okay,” Bellamy wrote. “Some will say that the haters won. That’s okay, too. What matters most is not what people say, but what we do.”

Local activist and UVA professor Jalane Schmidt says Bellamy’s legacy includes bringing up the city’s difficult white supremacist history and present, a push for equity, a community presence, and an effort to connect people who’ve “been left out by the system” to city resources.

Deacon Don Gathers says he was “troubled and somewhat hurt” to find out Bellamy wasn’t running again, but he understands putting family first.

“I applaud him and I appreciate everything that he’s done and tried to do for the city as a whole and the black community, specifically,” says Gathers. “I really think that he has always had the community’s best interest at heart, and not everybody was going to agree with the direction that he took to try to move us forward.”

Gathers initially planned to run for council this term, but cited health concerns as a reason he did not officially launch a campaign. He and Schmidt have publicly supported Democratic candidate Michael Payne, who will now officially run against Lloyd Snook, Bob Fenwick, Sena Magill, and Brian Pinkston in the primary, where no incumbents will be on the bill.

Former mayor Mike Signer’s name also didn’t make the list of those in the running, and in the public statement he posted to Twitter yesterday, he also mentioned his family.

“My wife and I never intended that I would serve more than one term on city council,” he said. “Another four years would however be hard to balance with the competing demands of raising two young kids, my day job, and my work on initiatives like Communities Overcoming Extremism.”

Schmidt says it was no secret that Signer had higher political ambitions—including an unsuccessful campaign for the Democratic nomination for lieutenant governor in 2009—before moving to Charlottesville and being elected to city council in 2015.

“There were many of us who suspected that this was a kind of stepping stone,” she says. “It seems that his aspirations were dashed by his failure to address the [August 11 and 12, 2017,] attacks.”

Signer’s leadership came under fire in former federal prosecutor Tim Heaphy’s independent review of that summer’s white supremacist events. In what was already a maelstrom of poor planning, Heaphy found that city council further complicated matters by making a last-minute decision to move the Unite the Right rally to McIntire Park, despite nearly unanimous advice that such a move would not withstand a legal challenge and spread police resources even further.

In an August 24 Facebook post, Signer publicly pointed the finger at then-city manager Maurice Jones and police chief Al Thomas for the devastating events.

And then on August 30, his fellow councilors held a three-hour closed door meeting to discuss his performance and potential discipline, where they seemingly accepted his apology—which he also read to reporters and community members who gathered in council chambers.

“In the deeply troubling and traumatizing recent weeks, I have taken several actions as mayor, and made several communications, that have been inconsistent with the collaboration required by our system of governance and that overstepped the bounds of my role as mayor, for which I apologize to my colleagues and the people of Charlottesville,” he said.

Schmidt says he’ll also be remembered for his reluctance to move the statues, support of luxury developments such as Keith Woodard’s now-defunct West2nd condos at a time when affordable housing was a pressing need, and his “foray into public consciousness,” when he became president of the Fifeville Neighborhood Association just as it was starting to gentrify, she says.

Though Gathers was one of Signer’s more vocal critics, especially in the fallout of August 12, he says he wishes him success in all his future endeavors.

“As he exits, I’m certainly not going to take shots at him,” he says. “I’m sure that he did the best that he thought he could, and what he felt was best at the time.”

Though Fenwick is once again in the running, the departure of Signer and Bellamy—along with Kathy Galvin, who’s running for the House of Delegates, instead—means there could be no remaining councilors on the dais who called the shots during the Summer of Hate. Is Charlottesville turning over a new leaf?

 

Updated March 29 at 2:37pm.

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A moral map: The city budget is a chance to show what matters to us

It’s budget season. For four months every year, council and staff hold public meetings about the coming year’s priorities. For four months, I sit through what I am absolutely certain is the exact same PowerPoint at least a dozen times. Much of it remains inscrutable to me. I am growing comfortable with the idea that I’ll never be entirely sure what it means in the real world to move money around on paper. What I do understand, though, is that the city, like most of us, can’t pay for everything it wants.

“The city has better ways of getting income,” Joan Fenton, president of the Downtown Business Association of Charlottesville, said at a March 4 council meeting of the possibility of raising tax rates. Better ways than taxation? Localities too afraid to raise taxes (because of the ire of business owners like Fenton) often rely on fees and fines to increase revenue. That means raising court costs and turning the city into a speed trap to fill the holes in our budget, which would disproportionately impact the poor. It is regressive and unreliable and relies on a weaponized justice system.

While a truly progressive tax is an avenue not available to the city under the Dillon Rule, there are revenue streams that don’t literally rely on criminalizing poverty. Raising tax rates provides a reliable, steady revenue stream to tackle the problems the alternative would only exacerbate.

While much about the budget process remains opaque to me, it is bewildering to see what feels like intentional misrepresentations about what it would mean to raise meals and lodging tax rates. Business owners have appeared at public comment to make the case that increased meals and lodging taxes would hurt their business. One restaurant owner said he would have to raise prices to account for the “loss,” but failed to explain how an additional one dollar in tax on a $100 meal at his pricey establishment would drive down business to the point that he would have to raise prices to make a profit.

The restaurant experiences no loss here. The tax is paid by the consumer and only passes through the business. The hysteria is puzzling to me.

When you make your personal budget, you have to make hard decisions about what’s important to you and what things you can do without. It’s the same when a city makes a budget, except we’re deciding what our neighbors should do without. The real hurdle in balancing the budget is not a column on a spreadsheet, but in the public understanding of what the budget is. A budget is more than just a balance of revenues and expenditures—it’s a moral document, an agreement about what is important to us.

Beyond the public protestations of business owners about the meals and lodging rates, there has been a lot of uncertainty about the real estate tax rate, whose increase would fund affordable housing. At a March 16 budget forum, Councilor Kathy Galvin was vocally in favor of a 1-1-1 increase. By Wednesday night, she was expressing relief that the real estate tax would remain steady for another year. While the higher rate was advertised, it seems we won’t know the fate of the tax until the March 27 work session.

At the first reading of the final 2019 budget in April of last year, the meeting went into an hour-long recess due to threats of violence from an armed neo-Confederate. A woman had just commented that the Downtown Mall was the jewel of Charlottesville. That jewel sits in a crown forged by centuries of racial inequity. The violence isn’t always as overt as an angry racist with a gun in council chambers. Sometimes, it creeps insidiously into our lives, in the form of a budget that doesn’t value the lives of our most vulnerable community members.

UVA professor Walt Heinecke offered us a positive reframing at a recent public comment period: When the national press returns to Charlottesville this summer to ask us what we’ve done to address the conditions underlying the violence of the summer of hate, let this budget be the jewel in our crown, he said. He urged council to move forward with the real estate tax increase to put money into affordable housing and to publicly frame the meals and lodging tax increases as a public good—even going as far as proposing a campaign to put signs in restaurant windows advertising the meals tax increase as a micro-investment in equity. I’m not sure this budget goes far enough to deserve to be called a crown jewel. But it has the potential to be a down payment on a crown this city never earned.