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In brief: Councilors’ credit cards, ACA sign-up perils, abusive language verdict and more…

Using ACA insurance? Read this first

Yes, the Affordable Care Marketplace is still here, and sign-up ends December 15. Counselors at the Jefferson Area Board for Aging have seen a few surprises in the process, and want residents to be aware they could face some unpleasant results if they simply auto-enroll this year.

One big difference: Optima was the only insurance carrier in the marketplace in 2018. This year Anthem is back, which provides more options, but also can affect the amount of the subsidy for those who qualify.

Joe Bernheim at JABA explains: With two carriers, the benchmark plan—that’s the second-lowest-cost silver plan—will be less than what consumers saw last year. That means that government subsidy will be lower, and those whose income allows them to qualify for the subsidy will see higher premiums.

What you need to know

  • Don’t auto-enroll. You may be able to get a better plan or lower premium.
  • Some people have received letters with estimates from the current carrier that are inaccurate and much lower than what the premium will actually be.
  • Consumers are being offered “direct” and “select” plans. The select plans exclude most of the doctors at UVA, while direct plans offer a broad network of local providers. If you auto-enroll, you could be put in a select plan.
  • People who aren’t eligible for the subsidy will see lower premiums and a broader network of providers.
  • If you’re signing up for newly available Medicaid, there’s no deadline, but JABA advises going to the Marketplace website (healthcare.gov) to cancel ACA insurance or you may be charged.
  • Can we say it again? Don’t auto-enroll, and do sign up before the December 15 deadline.

Quote of the week

“I feel like court’s going to be watching my daughter die again, over and over and over.”—Susan Bro, Heather Heyer’s mother, on NPR.


In brief

Tinsley sexual misconduct suit

Trumpeter James Frost-Winn’s $9-million sexual harassment lawsuit against former Dave Matthews Band violinist Boyd Tinsley is scheduled for trial September 9, 2019, in Seattle. Tinsley announced he would not be touring with the band in February, the same day he got a demand letter from Frost-Winn’s attorney.

Another pipeline delay?

The U.S. Army Corps of Engineers has suspended a permit necessary for the 600-mile, $6 billion Atlantic Coast Pipeline to cross the 1,500 streams along its path from West Virginia to North Carolina, for concerns of harm to aquatic life. This is one of several setbacks Dominion has faced since it began building the pipeline this year, but a spokesperson says it’s still scheduled for completion by the end of 2019.

Censorship suit

Local attorney Jeff Fogel has filed yet another lawsuit regarding prison censorship. He’s now representing Uhuru Baraka Rowe, an inmate at Greensville Correctional Center, who claims his First and Fourteenth Amendment rights were violated when prison officials at the Sussex II State Prison censored essays he wrote about conditions in the facility.

Win for Miska

 

Anna Malinowski at a 2017 protest. Staff photo

Local anti-racists like to scream at John Miska, a veterans’ rights and Confederate statue supporter. Recently, in Albemarle General District Court, a judge found Anna Malinowski guilty of abusive language for accosting him outside a school board meeting. At an earlier hearing in the city, a judge let Donna Gasapo off the hook for similar behavior.


Councilors’ credit line

In a much-discussed story that appeared in the November 25 issue of the Daily Progress, reporter Nolan Stout examined the $26,784 in charges (and taxpayer money) that city councilors have racked up on their city credit cards over the past year and a half. All five councilors have one, and four of them have a limit of $20,000—except for Mike Signer, who as mayor inherited the council’s original card, with a credit limit of $2,500.

Vice-Mayor Heather Hill hasn’t used her card, and Councilor Wes Bellamy, who has traveled extensively for various conferences, has spent the most, charging more than $15,000 from September 6, 2017, to October 29 of this year. Local activist group Solidarity Cville has called the article a racist “hit piece” on Bellamy, and said it wouldn’t have been written if white Councilor Kathy Galvin were the highest spender. All councilors were within budget and mostly used their cards for out-of-town meals, hotels, and travel, but here’s what some of the specific charges looked like:

Charged up

  • $1,418 spent by Bellamy at a Le Meridien hotel for a National League of Cities conference in Charlotte
  • $15.52 spent by Bellamy at Kiki’s Chicken and Waffles
  • $41.17 spent by Bellamy at Hooters
  • $1,000 spent by Signer on a hotel to speak on a panel called “Local Leadership in the Wake of Terror” at the SXSW Cities Conference in Austin, Texas
  • $307.19 spent by Signer, mostly for meals and Lyfts in Austin, “many of which were at midnight or later,” notes the reporter
  • $101.09 spent by Mayor Nikuyah Walker at Ragged Mountain Running Shop ahead of her event called “Get Healthy with the Mayor”
  • $132.22 spent by Walker at Beer Run
  • $706 spent by Galvin on a Hyatt hotel for a two-day forum in Washington, D.C.
  • $4.99 spent by former City Council chief of staff Paige Rice on an iTunes bill
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Budget busters: Finding the funding for affordable housing, schools

By Melissa Moody

This is a story about numbers.

The number of families currently served by public housing and rental assistance vouchers: 826. The number of people on the waitlist for public housing or assistance: 1,866. The number of units Charlottesville needs to serve low-income residents: 3,975—or 20 percent of the city’s housing supply—in a city where 54 percent of the households qualify as low-income, very low-income, or extremely low-income.

And now there is a new number—$50 million.

That’s the amount of a bond the Charlottesville Low-Income Housing Coalition requested for affordable housing redevelopment and improvement that was discussed at a City Council capital improvement program budget work session September 6.

“At this point, housing for low-income residents within the city, outside of subsidized units, is pretty much non-existent,” said neighborhood planner Brian Haluska. “The rental vacancy rate in the city is 1.7 percent, while a healthy vacancy rate is around 5 percent.

“It’s hard to see a path forward using just market forces to provide additional housing for low-income residents.”

City Manager Mike Murphy and city staff briefed councilors on existing projects, unfunded improvements and new projects, and deferred maintenance for the city to be included in the CIP plan for the next five years. Increased funding for new affordable housing initiatives was a major focus of the session, as was expansion and modernization of city schools, both of which would cause substantial increases in the city’s budget over the next five years.

City staff briefed councilors on the current budget, including $131 million of debt that is paid by taxes and utility revenue, and the city’s policy of maintaining a 9 percent debt service to operating expense ratio, with a ceiling of 10 percent. According to staff, an increase in the city’s debt to fund new affordable housing initiatives would increase the debt service ratio or need to be backed by an increase in revenue streams.

But the issue also is a story about people and the repercussions of a history that echo across generations—from the work of enslaved people at the University of Virginia 200 years ago to the displacement and destruction of Vinegar Hill just 50 years in the past.

“Affordable housing is an issue of our city’s values,” said Elaine Poon, managing attorney of the Charlottesville office of the Legal Aid and Justice Center. “The city—the residents, the developers and those who need affordable housing—know that the history of systemic and institutional racism in Charlottesville and the country are directly linked to affordable housing needs today.”

The low-income housing coalition’s goals, aligned with those of the Public Housing Association of Residents, are that the city: prioritize extremely low-income housing; increase funding for the Redevelopment and Housing Authority, including issuing the first $50-million bond; earmark revenue for CRHA so that it has a stable source of income; increase funding for the Charlottesville Affordable Housing Fund to support nonprofit developers of affordable housing by at least four-fold; upzone areas of high opportunity for affordable housing; purchase and dedicate land for CRHA and nonprofit developers; and collaborate with major players in the area to develop workforce housing.

Murphy emphasized the need for council to prioritize projects to meet its goals—particularly in light of the fact that some of the goals exceed the current budget. Mayor Nikuyah Walker and councilors Wes Bellamy, Kathy Galvin, and Heather Hill agreed on the need to plan the budget strategically, to specifically address major projects like affordable housing and school modernization and expansion through more work sessions devoted to those topics in particular, and to bring in internal and external partners for input.

The cost to meaningfully address affordable housing redevelopment and maintenance and school expansion and modernization each exceed the current five-year CIP budget, Hill said. “Working with CRHA, Charlottesville City Schools, and other stakeholders to flesh out the actual costs and required timelines is critical to setting priorities.”

Community contributions to these conversations are also vital, according to council members.

Bellamy noted the importance of continuing discussions about how to fund affordable housing redevelopment and maintenance. “I think we at the very minimum, because of the history of our community and things that have transpired, we owe that much to our public housing residents.”

Council is planning to meet with housing representatives by late November. The budget discussions will continue across departments and come back to City Council in March 2019.

To watch a video of the September 6 budget work session, visit Charlottesville TV10.

Supply and demand

  • Public housing units: 376
  • City rental assistance vouchers: 450
  • People on the waitlist for public housing or assistance: 1,866
  • Years many of those people have been on waitlist: often more than eight
  • Units the city needs to serve low-income residents: 3,975—or 20 percent of the city’s housing supply
  • Percentage of Charlottesville households that qualify as low-income, very low-income, or extremely low-income: 54 percent
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‘The last straw:’ Woodard pulls the plug on West2nd

Developer Keith Woodard has abandoned his plan to build a $50 million castle of downtown luxury condos and retail space on a city-owned Water Street parking lot.

“The project was a tremendous undertaking, and over time, the process of obtaining the  necessary approvals became very difficult and at times adversarial, causing continual delays and uncertainty,” according to a press release from Susan Payne, a spokesperson with a local public relations group that represented the now-defunct West2nd development.

When Woodard responded to the city’s request for project proposals in early 2014, “it was a different City Council and different circumstances,” he said in the release.

That was under then-Mayor Satyendra Huja. While several council members have come and gone since then, Mayor Nikuyah Walker and Vice-Mayor Heather Hill, the two newest ones, have both openly opposed and voted against the project.

Keith Woodard. Photo by Amy Jackson

Woodard had been working for nearly five years to launch and build the 97-condo mixed-use development that would also house the City Market, and calls the Board of Architectural Review’s August 21 denial of an appropriateness application “the last straw.”

The BAR cited issues with the height and scale of the L-shaped building. Echoing formerly voiced concerns of councilors Walker and Hill, BAR members also questioned West2nd’s ability to properly accommodate City Market vendors.

Woodard has the option of appealing the BAR decision to City Council, but Hill says she doesn’t think he will.

Longtime developer Bill Atwood says he thinks a representative from the BAR should have been on the committee that selected West2nd as the winner of the city’s request for proposals.

“It basically turned into a beauty contest,” he says.

Atwood, whose nearby Waterhouse condos were recently foreclosed upon by Great Eastern Management, says it’s hard to build downtown.

The property where West2nd was proposed is extremely valuable, and becoming even more so, he says, and adds that the next developer who tries to tackle it should make sure his project is economically viable.

Woodard has faced several wins and losses during the life of West2nd.

City Council voted 4-1 to reject his special-use permit to build another floor and 28 additional units in February, though it met the city’s requirements, and approved the permit by a 3-2 vote two months later, when Councilor Wes Bellamy negotiated a deal to build eight units that would remain affordable for 15 years, and another eight units that the city would subsidize using property tax revenue from the West2nd project.

When Woodard called it quits August 28, 37 of the 97 units had been secured, and prices on Zillow ranged from $359,000 to $1.4 million for each condo.

The press release announcing the now-abandoned project’s fate calls the decision a “very difficult choice.”

“This project has certainly faced its challenges given its scope,” says Hill, who mentions that along with providing a permanent home for the market, residential, commercial, and retail spaces, West2nd also allotted space for private and public parking. “Layer on top of that numerous stakeholder groups weighing in on how this scope would be brought to life, often with competing priorities, along with rising construction costs, and this is unfortunately where we are.”

Hill says such a property in the “heart of our downtown” provides a tremendous development opportunity.

“I am certainly committed to evaluating partnerships, including with Mr. Woodard, that may open the door for other visions for this site’s development,” she adds.

Says Woodard, “I am disappointed that this project will not become a reality.”

And so are the people who were hoping to live there.

“I’m very disappointed,” says Ellen Teplitzky, who put a deposit on one of the condos in the spring. She had also reserved a spot at Waterhouse before Atwood “land banked” the residential properties.

“Twice burned,” she says. Teplitzky says she feels bad for Woodard, who spent an incredible amount of time and money on the project.

“All to preserve a farmer’s market,” she adds. “I’m sorry if I sound very callous.”

But some City Market vendors are glad to see the project gone.

“I think it’s a great opportunity for the vendors and the city to build a much better permanent market space,” says Janet Dob, who has been operating her Bageladies booth at the market for more than a decade.

When the city first called for project proposals in 2014, Dob says Shank & Gray Architects proposed Market Square, which “made the market space a priority with ample room to grow, rather than an afterthought tucked in a corner.”

She says it seems like the city doesn’t grasp the “enormous value” that the market—or “the soul of Charlottesville’s downtown on Saturday”—brings to the community.

Adds Dob, “Glad we’re going back to square one.”

 

Updated with comments from Bill Atwood and Ellen Teplitzky on August 31 at 3pm.

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Council listens: Citizens unhappy about heavy police presence, downtown lockdown

In sharp contrast to an August 13 press conference, in which 18 officials representing public safety agencies thanked and congratulated each other for a job well done over the August 12 anniversary weekend, city councilors heard a different assessment the next night.

Around three dozen citizens at the Jefferson School African American Heritage Center voiced concern and outrage about the presence of 1,000 cops, often in militarized gear, as well as the lockdown of the Downtown Mall and the searches of bags before entering the mall.

Several times over the weekend, including at the UVA Students United demonstration August 11 at UVA’s Brooks Hall and the memorial for Heather Heyer August 12 on Fourth Street, the presence of riot-clad police threatened to set off an actual riot.

Roberta Williamson called for police de-escalation training and offered to pay for it. “I almost want to demand this become a line item in the next city budget,” she said.

Nancy Carpenter denounced the appearance of BearCats and snipers at Fourth Street on the anniversary of Heyer’s death. “How dare you do that?” she asked. “We were in mourning.”

Several people complained about the presence of K9 dogs. “That’s a Bull Connor visual,” said Carpenter.

Civil rights attorney Jeff Fogel excoriated the limited access to the mall and the searches to enter. “You could be stopped on the streets of your city without probable cause,” he said, calling that the “hallmark of an authoritarian” government.

“And then to play that game of calling it consensual,” he said, a reference to police Chief RaShall Brackney, who said the day before that all the searches of bags before coming onto the mall were “consensual.”

Fogel and others questioned the declaration of a state of emergency without a factual basis of a threat.

“What intelligence did the city have to shut this city down?” asked Katrina Turner, a member of the newly formed Police Civilian Review Board. “Was it shut down because of antifa?”

One speaker castigated Vice-Mayor Heather Hill for thanking police, although Councilor Wes Bellamy said he appreciated Hill’s attempt to help with negotiations when officers refused to let mourners enter the mall at Fourth Street.

Of the 30 plus speakers, only one said he was glad police were there, although an unexpected defender was Mayor Nikuyah Walker. “The police were rather calm,” she said. “I did not see police officers as aggressive as what I’ve seen my entire life.”

And she said, “If we had similar people show up as last year, I’d want police to be there.”

Several people thanked Bellamy for defusing the tense scenes at Brooks Hall and Fourth Street. He acknowledged that in some instances, a “lack of communication about what was going on” could have exacerbated the situation.

And he also experienced the anxiety many felt seeing masses of riot-attired cops. Said Bellamy, “When I saw police marching choo choo choo, my blood pressure went up.”

He explained that Sunday when police removed the barricades on Fourth Street, people moved out onto Water Street, and were upset police wouldn’t let them back in and sent them through the checkpoints. “We don’t know who was in the crowd,” he said.

One thing City Council learned from last year’s violent weekend was to let people speak out about the weekend sooner rather than to wait more than a week, and the August 15 listening session was already on the calendar.

And the question asked by Tyler Magill—and many others, still to be determined: “Where is the middle ground between last year and this?”

 

 

 

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Out and in: A turnover of top local leaders

It was an unprecedented year for the city, but also one in which we saw a major shift among people in positions of power. Some heads rolled, some quietly retired, and the list of local leaders is almost unrecognizable from this time last summer.

Charlottesville Police Chief Al Thomas abruptly resigned in December, making way for Chief RaShall Brackney, who took her oath in June. Thomas wasn’t the most popular guy in town after Tim Heaphy released his independent review of the summer of hate, which alleged that Thomas deleted texts, used a personal email to skirt FOIA, and told law enforcement when white supremacists and counterprotesters went to war in the streets to “let them fight a little,” because it would make it easier to declare an unlawful assembly.

That wasn’t the only law enforcement shake-up. After nearly 15 years as Virginia State Police superintendent, Colonel Steve Flaherty retired in December, and was succeeded by Lieutenant Colonel Gary Settle. At the University of Virginia, Police Chief Michael Gibson also retired this summer, and new Chief Tommye Sutton was sworn in August 1, the same day as new UVA President Jim Ryan.

Ryan took the reins from Teresa Sullivan, who was highly criticized for having prior knowledge that white supremacists planned to march across Grounds last August 11, not warning students, and initially denying that she was privy to any of it. She had plans to leave before last summer, and on her way out, Ryan said he admires that she stayed focused on what really mattered to the university. “These were turbulent times and I think she demonstrated remarkable courage,” he said. Nevertheless, the Beta Bridge was decorated with the words, “Nazis love T. Sully” as she left.

The university also appointed Gloria Graham as its first-ever vice president of safety and security after emboldened neo-Nazis in white polos and khakis encircled and beat several students with their torches.

Poor planning for the weekend of the Unite the Right rally also fell on the head of City Manager Maurice Jones, and City Council decided not to renew his contract on May 25. Jones took a job as town manager for Chapel Hill, and in came former assistant city manager Mike Murphy, who will serve in the interim—but not without a fight from Mayor Nikuyah Walker, who challenged the first person offered the job.

Walker wasn’t mayor, or even on City Council, last summer. She replaced then-mayor Mike Signer, whose leadership came under fire when it emerged that he threatened to fire Jones and Thomas during the height of the August 12 violence. He was also suspected of leaking emails and was publicly reprimanded by his fellow councilors. Vice-Mayor Heather Hill also joined the ranks in the November council election—Kristin Szakos did not run for re-election and Bob Fenwick got the boot in the June primary.

City Attorney Craig Brown said goodbye, and was replaced by John Blair, who most recently served as deputy county attorney in Albemarle.

And last but not least, city spokesperson Miriam Dickler stepped down as Charlottesville’s director of communications in January, and former Charlottesville Tomorrow executive director Brian Wheeler filled her shoes.

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In brief: Interim imbroglio, Miller Center imbroglio, gunman imbroglio and more

Infighting implodes council

The hiring of an interim city manager, an event that usually takes place behind closed doors, has become heated and public, with reports of shouting at a July 20 closed City Council session. Mayor Nikuyah Walker has gone on Facebook Live twice to express her concerns that the process is part of the old boys’ network because someone suggested a candidate for the position to Vice Mayor Heather Hill, which she calls a “white supremist practice.”

On July 23, councilors Hill, Mike Signer and Kathy Galvin issued a five-page response to Walker’s Facebook Live video. “We regret that our rules requiring confidentiality about closed session discussions for personnel choices—which are in place under Virginia law, to protect local elected officials’ ability to discuss and negotiate employment agreements—were broken by the mayor.”

The search for an interim city manager became more urgent when Maurice Jones took a town manager job in Chapel Hill, North Carolina, leaving the city without a chief executive as the anniversary of August 12 looms.

Chris Suarez at the Daily Progress reports that three sources have confirmed U.S. Army Human Resources Command Chief of Staff Sidney C. Zemp has been offered the job.

In the councilors’ response, all three say they’ve never met the candidate, and that review panels are not used when filling interim positions.

In her July 20 video, Walker walked back a comment she made on Facebook and Twitter July 19: “We might have to protest a City Council decision. Are y’all with me?” She said she didn’t want supporters to shut down a council meeting, but did want them to pay attention to the process.

Walker was back on Facebook Live July 23, blasting her fellow councilors for their “very privileged” backgrounds and questioning their integrity.

She says she favors an internal candidate—the two assistant city managers and a department head have been floated—which councilors Wes Bellamy and Signer initially favored.

Bellamy issued his own statement: “Elected bodies agree and disagree all of the time” and that can lead to “healthy debate.”

Will council actually vote for an interim city manager at its August 6 meeting? Stay tuned.

Mayor Nikuyah Walker expressed concern in a July 20 Facebook Live video about the hiring process for an interim city manager.


In brief

Too much heritage

The Louisa County Board of Zoning Appeals said the giant Confederate battle flag on I-64 must come down because its 120-foot pole is double the county’s maximum allowable height. Virginia Flaggers erected the “Charlottesville I-64 Spirit of Defiance Battle Flag” in March and argued that after putting up 27 flags across the state, they wouldn’t have spent $14,000 on this one without confirming county code.

Controversial hire

A petition with more than 2,000 signatures of UVA faculty and students objects to the Miller Center’s hiring of Trump legislative affairs director Marc Short as a senior fellow. The petitioners are opposed to Trump administrators using “our university to clean up their tarnished reputations.”

Presidential paychecks

New UVA president Jim Ryan commands a higher salary than his predecessor, but can’t touch Brono Mendenhall’s paycheck. Photo UVA

Outgoing UVA prez Teresa Sullivan’s base pay of $580,000 and total compensation of $607,502 last year makes her one of the higher paid university chiefs, according to the Chronicle of Higher Education. Her successor, Jim Ryan, starts with a $750,000 base pay, but to put those numbers in perspective, remember that UVA football coach Bronco Mendenhall makes $3.4 million—with a possible $2 million-plus bonus. At this week’s ACC Kickoff event, media members predicted—for the fifth straight year—that UVA will finish last in the conference’s Coastal Division.

New tourism director

Adam Healy, the former CEO of online wedding marketplace Borrowed and Blue, which closed abruptly last October, will now serve as the interim executive director of the Charlottesville Albemarle Convention and Visitors Bureau.

Standoff on Lankford

A state police vehicle on the outskirts of the standoff.

About 50 city, county and state police and SWAT team members were on the scene of a four-hour standoff with 29-year-old Alexander Rodgers, who had barricaded himself inside a Lankford Avenue home on July 19. Someone called police around 8am and reported shots fired. Rodgers, who has a history of domestic violence and was wanted on six outstanding warrants, eventually surrendered and was charged with three felonies and a misdemeanor.


Quote of the week:

“The fish rots from the head.”—Senator Tim Kaine, after U.S. Secretary of Homeland Security and UVA alum Kirstjen Nielsen said about last summer’s violence in Charlottesville at a July 19 press briefing, “It’s not that one side was right and one side was wrong.”


County crime report

The Albemarle County Police Department released its annual crime report for 2017 last month. Here are a few things that caught our eye.

-Police misconduct has been reframed in a new “cheers and jeers” section, where police complaints are compared side-by-side with commendations.

  • Complaints: 57
  • Commendations: 69

-The award section may come as a surprise, because Detective Andrew Holmes, who faces five lawsuits for racial profiling, was granted a community service award.

-Albemarle County had the second-lowest crime rate in the state while Charlottesville had the highest. Crime rate is measured by tallying the number of crimes committed per 100,000 people.

  •   Fairfax: 1,273
  •   Albemarle: 1,286
  •   Prince George: 1,334
  •   Arlington: 1,355
  •   Prince William: 1,370
  •   Chesterfield: 1,450
  •   James City: 1,611
  •   Roanoke: 1,638
  •   Henrico: 2,548
  •   Charlottesville: 2,631

-County police officers made 2,296 arrests and used force “to overcome resistance or threat” on 14 occasions.

-Assaults on police officers have gone up and down.

  • 2015: 3
  • 2016: 10
  • 2017: 7
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West2nd smackdown: Council rejects permit despite meeting city requirements

When Mayor Nikuyah Walker chaired her first City Council meeting February 5, citizens got to see how previously out-of-control meetings would be run under a new regime—and learned that  the heckling continues both for councilors and for the West2nd developer seeking a special use permit that was rejected for reasons that had little to do with city code.

When Keith Woodard won a bid in 2014 to build a mixed-use building on a city-owned Water Street parking lot that would house the City Market, parking, retail and residential, he had the blessings of City Council for his innovative design. Four years later, costs soared and he retooled the project, adding 28 luxury units and another floor, which required the special use permit. He also offered to build affordable housing units on Harris Street.

Of all developers in town, Woodard has the best track record on affordable housing. When he bought Dogwood Housing in 2007 from local mixed-income housing icon Eugene Williams, he promised to maintain the affordability of most of the units—and has done so.

So it was odd that Woodard would be the one to be asked to jump through higher hoops by Councilor Wes Bellamy and receive jeers from the Greek chorus in attendance as he sought approval to increase density for West2nd.

That Woodard offered to build affordable units on Harris Street instead of contributing to the Affordable Housing Fund, as most developers do, is unusual. And he said he’d exceed the city’s requirement of 16 units kept below market rate for 4.7 years. When councilors said they wanted a longer term, he said he’d make eight units affordable for 10 years.

Bellamy badgered him to up the number of affordable units. “Why couldn’t all 16 units be affordable for 20 years?” asked Bellamy.

“The project still has to be financially feasible,” explained Woodard, eliciting a big sigh from Bellamy.

Woodard pointed out that he could have put the amount required—$316,000—into the Affordable Housing Fund, “which maybe we should have stuck with that,” and that keeping eight units affordable for 10 years was already challenging at an estimated cost of $474,000.

Bellamy said he was perplexed that Woodard said it wouldn’t be financially feasible “when some would say you’ve made a lot of money in this city and because you’ve already made so much money maybe you can give some back.” That was greeted by whoops from some attendees.

And when Bellamy asked Woodard how much money he was going to make from West2nd, Deputy City Attorney Lisa Robertson advised councilors to “focus on the land use issues” for a zoning application and said that enabling legislation didn’t give council the ability to require more.

“That was a silly question,” says Eugene Williams. “[Bellamy] doesn’t have the facts and he doesn’t know how much [Woodard] had to spend.”

When councilors voted 3-2 to deny the permit, the hecklers applauded. “Those young people know nothing about investing,” says Williams. “That just bothers me to know we had three councilors who wanted to accommodate the audience more than actually trying to make this feasible for both sides.”

Bellamy, Walker and Heather Hill voted against the special use permit. ”It’s not all right to vote against it without explaining specifically what the developer needs to do,” says Williams. He opines that it would have been wiser to say what they wanted and table the vote.

Williams also criticizes Kathy Galvin and Mike Signer’s yes votes and says they seemed more concerned about downtown businesses than low-income residents.

However, Signer spent a fair amount of time during the meeting discussing whether revenue from the project could be directed exclusively to the affordable housing fund. He says he voted for the permit because it would allow the city to increase its current $3.5 million affordable housing annual budget by about 30 percent.

Others have concerns about the Monday night performance, and the word “extortion” has been bandied about.

“If I’m a developer and read those [news] accounts, a red flare has gone up,” says attorney Fred Payne, who is a plaintiff in the lawsuit against City Council for its vote to remove Confederate statues. “Why would I want to invest in this town?”

With the vote to deny the permit, “You can see the degree to which City Council is out of control,” says Payne. “I have a feeling if this were litigated, the city would probably lose.”

He adds, “I don’t think this City Council understands there are limits on what they can do.”

Part of the problem Woodard faces is that four councilors were not around when the city bid out the project in 2014. Galvin was, and at the meeting she said—after a five-minute recess to calm the interruptions from the crowd—“The demand was that the City Market be downtown on that city parking lot. It was not affordable housing.” The project has moved along “based on criteria the city gave this developer.”

Galvin also said the special use permit meets the comprehensive plan and zoning ordinance, and the project would add 80 people living on the mall and 100 jobs in the face of increasing competition to downtown businesses, as well as increase city revenue from the parking lot from $6,500 a year to $945,000 a year. “That’s huge,” she said.

For Bellamy, the message to developers is, “This council will prioritize affordable housing.” He says he appreciates Woodard’s efforts and understands that he met city requirements. “We still have discretion,” says Bellamy. “I hope we can still work together.”

Hill was more concerned about the City Market. “I’m not convinced the market will thrive there,” she said.

She says she’s not “anti development” and suggests looking at the project through a “new lens” and “recognize we ultimately may not be able to accommodate the market on this specific site if we are to meet the needs of the vendors while also competing with other community priorities.”

Woodard says he doesn’t think City Council’s vote to deny the permit was about increased density. “I think this project should be part of [affordable housing] but not all of it,” he says.

Litigation is not an option at this point, he says. “We’re looking at alternate paths to go forward.”

He says he does need a decision soon because people have reserved condos in West2nd. And he’s put $2 million into underground utilities, as well as four years of effort.

“We’re trying to work things out,” he says. “I’m trying to be positive.”

Updated 3:53pm to clarify Mike Signer’s reasons for his vote for the special use permit.

 

 

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Climate change: All quiet on the council front

The second City Council meeting of the new year on January 16 was markedly different from council meetings of the past year: no interruptions, no yelling and no profanities, behavior that suspended 2018’s first meeting two weeks ago.

Newly elected Vice-Mayor Heather Hill ran the meeting in the absence of Mayor Nikuyah Walker, who was ill after she appeared on “The View” in New York the day before.

Several speakers promised continued incivility, but refrained from the disruptions of the recent past.

When former mayor Kay Slaughter said, “All citizens who speak should be respected” and “not subject to heckling, jeering and profanity,” she was not booed as were speakers asking for the same at the last meeting—although some hissing has been reported.

“I don’t think anyone should be subjected to crowd bullying when they are presenting their ideas,” she said, noting that some of those who were jeered “had served the city well.”

One of those would be former public defender Jim Hingeley, about whom Slaughter says, “Nobody’s done more in trying to help with criminal justice than Jim.”

He was greeted with catcalls and interruptions when he made a plea for civility January 2, and described the tactics as the “hecklers veto” and “intimidation by an angry mob,” which brought further jeers.

Hingeley watched the most recent meeting from California, and says, “I don’t know that one meeting is a trend.”

Councilors discussed changes to the public comment section of the meeting, which has been a sore point since former mayor Mike Signer implemented changes two years ago that included online sign-up—and which led to a court ruling of unconstitutionality for banning group defamation.

Hingeley attributed the less-heated meeting to “possibly the fact council has made it clear they’re going to make changes to their public comment format that had people holding back from their normal disruptions.”

In September, after the deadly white nationalist and neo-Nazi invasion of Charlottesville when council chambers were out of control, then vice-mayor Wes Bellamy declared that “white supremacy masks itself through politeness.”

“Does that mean the Ku Klux Klan is civil?” asks Hingeley. “That’s nonsense.”

He offers a definition of civility from Wikipedia, which also says the word comes from the Latin for “citizen”: “The notion of positively constructive civility suggests robust, even passionate engagement is found in respect of differing views.”

The irony, he says, is that the biggest disruptors want to have white supremacy addressed, but “yelling about it the loudest and taking time away from policy leaders is not the way to make progress.”

Hingeley also says he doesn’t like the inequality in the way City Council enforces its rules based on content, escorting unpopular speaker Jason Kessler out of the chamber, while allowing activist Mary Carey to stay. “That’s a violation of the First Amendment,” he says.

UVA prof and activist Jalane Schmidt has also declared that politeness masks racism. She says she’s talking about “systemic” incivility, such as the lack of affordable housing and economic inequality.

“The lack of transparency created uncivil conditions,” she says. Some of those getting booed are also contributors to those on council. “They get more than their three minutes,” she says.

After the new year’s first meeting, Schmidt suggested that Walker could have a calming effect on the “rambunctious” council meetings.

She says she doesn’t know why the climate changed at the January 16 meeting, but she offers a few theories. “New year, new council. It also had a short agenda and a lot of listening by councilors.”

For Signer, who has been in the hot seat pretty much his entire term as mayor and is the target of frequent calls for his resignation, the cooler temperature was no doubt a pleasant change of pace.

He says in an email, “I enjoyed the meeting and was glad to join in a constructive conversation with community members and my colleagues about community engagement and exciting new ideas like participatory budgeting.”

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Independent Nikuyah Walker elected first black female mayor

 

The first meeting of the new City Council January 2 went into uncharted territory with formerly behind-the-scenes decisions—the new mayor and vice mayor—made publicly, and for some on the dais, uncomfortably. New councilors Nikuyah Walker and Heather Hill were elected mayor and vice mayor, respectively, while the airing of the grievances allowed some rebukes and score settling among councilors.

Senior Councilor Kathy Galvin wanted the mayor’s job, and she had several supporters endorse her during public comment, to catcalls from some attendees. Ultimately she didn’t have the votes, and she ended up being the single “no” in Walker’s 4-1 election as mayor.

With City Manager Maurice Jones leading the meeting—and calling disruptive citizens to order—the councilors made statements, nominations and expressed concerns about their fellow officials.

Hill, who nominated Galvin, her North Downtown neighbor, acknowledged that Galvin’s experience on council might not be enough. “We need a new direction,” she said, and pointed to Walker.

The concern with Walker for Hill—and for Galvin and former mayor Mike Signer—was Walker’s unwillingness to meet and make nice with her new colleagues on council before the January 2 meeting.

Walker explained that she planned no meetings before the new year, and that she found congratulatory emails sent by Signer, whose resignation she repeatedly called for last year, and Galvin “not authentic.”

Said Walker, “I’m comfortable with making people uncomfortable.”

“I am considering voting for Nikuyah Walker,” said Signer. “It’s awkward to talk critically about your potential colleagues going forward for a two-year or four-year term. That’s the reason this decision is done beforehand.”

He wondered whether Walker would be able to work with him. “You’ve said some very hard things about me personally,” he said.

“While you were talking about removing the personal,” replied Walker, “I don’t think people understand how difficult my campaign was, and you, in particular, made it very difficult.”

Days before the election, the Daily Progress ran an article headlined, “Emails show Walker’s aggressive approach.” Signer admitted sharing emails that demonstrated Walker’s “profane attacks” against staff.

Said Walker, “Talking about official council business is one thing,” but she said she didn’t feel it was necessary “to pretend” the congratulations were sincere. When Signer pressed her about whether she could get past their previous interactions, Walker reminded him that she did speak to him when he entered the room.

“There is no returning back to normal,” said Wes Bellamy, who nominated Walker and defended the unruly City Councils of the past year that have led to the meetings being suspended.

Except for the first council meeting following the deadly August 12 rally, which was turned into a town hall after sign-carrying demonstrators leapt on the dais and shut down the meeting, “We have never not been able to get city business done.”

“I haven’t been grandstanding,” said Galvin, nor does she “seek the limelight,” a barb that seemed pointed toward Signer, who was taken to the woodshed by his fellow councilors after the Unite the Right rally for forgetting that the mayor’s role is ceremonial and to lead the meetings, but otherwise is an equal with the other councilors. “The way I’d be as mayor would be the way I’ve been as councilor.”

Signer seemed to have his own ax to grind with Galvin, and said the long emails she sends to city staff were burdensome and caused “friction.”

“I will never stop asking questions,” said Galvin, who suggested her colleagues relied on her detail-oriented efforts. “I will never vote for anything I do not understand.”

Galvin asked Walker whether she could do the job as mayor with all the reading involved, which Walker supporters Dave Norris called “condescending” and Jalane Schmidt said was “patronizing.”

“I would venture to guess that [Walker] knows more about the budget than many people who have served on council,” says Norris, a former mayor. “I thought her response was perfect: ‘There is a learning curve and I’m up for it.’”

And Walker offered her own critique of Galvin’s performance on council: “Kathy, you appear to listen but you don’t hear.”

Once Walker was elected mayor, Bellamy lost the job of vice mayor when fellow incumbents Signer and Galvin threw their votes to Hill, giving her a 3-2 win.

Signer appeared still sore that Bellamy voted December 18 against the plan to give Atlanta developer John Dewberry a tax break to get the derelict Landmark Hotel finally under construction again. “It’s hard to work consistently when assurances are broken,” he said to Bellamy, a characterization Bellamy disputed.

“There was definitely a Festivus feel to it with the airing of the grievances,” says Norris, referring to a “Seinfeld” episode. “Overall it was very positive. You definitely got a sense of councilors’ strengths and weaknesses.”

The public process to elect a mayor was unprecedented, but fit in with Walker’s pledge to bring transparency to how government is run, says Norris. “It’s messy. It’s awkward at times. And to restore trust in government, one way to do that is to bring more decision-making to the public.”

He’s enthusiastic about Walker and Hill being the new faces of City Council. “There was a lot of frustration about the direction of the city,” says Norris. “I think it’s a good move to put fresh faces of people who are unencumbered. The election was anti-incumbent.”

Schmidt applauds the “uncomfortable” public process of choosing a mayor, and notes, as did Walker, that minorities are used to feeling uncomfortable every day. Having Walker front and center on City Council—“That’s going to be uncomfortable for people used to calling the shots,” says Schmidt. ”And people who have been made to feel uncomfortable now have a voice.”

She also says Walker could be a calming effect on the “rambunctious” council meetings.

Walker was blunt about taking the job of mayor and said it would be a challenge. She said she learned a lot from running a campaign, and intends to do that with her new part-time position. “I will figure it out,” she vowed.


City’s first black mayor elected 44 years ago

charles barbour
Charles Barbour, photographed in 2006. Jen Fariello

When Charles Barbour was elected to City Council in 1970, he gave Democrats a 3-2 edge in an era when Republicans were still on council. And in 1974, he was elected the city’s first black mayor.

Barbour was one of two councilors who voted to close Main Street and turn it into a pedestrian mall in 1974. The controversial decision passed 2-0 because the other councilors had to abstain because of conflict-of-interest concerns. His fellow yes-vote, Mitch Van Yahres, called him “the father of the Downtown Mall,” and Barbour dedicated the mall in 1976.

He didn’t always vote with his fellow Dem councilors, though, and saw himself as more of a swing vote.

Then, like today, race was an issue, and Barbour took stands on divisive issues. He got the city to stop having events at Fry’s Spring Beach Club because in the early ’70s, it was segregated, and he pressed to have two black Charlottesville School Board members rather than one.

Updated January 9 with Charles Barbour sidebar.

 

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Independent upset: Dems crush everywhere—except Charlottesville

 

Election night 2017 in Charlottesville had quite a different feel from 2016. Democrats swept statewide offices, with Ralph Northam winning the governor’s race by an even wider margin—9 percent—than pundits had predicted. And no one saw it coming that Dems would dislodge the hefty 66-34 Republican majority in the House of Delegates, and, depending on recounts, Charlottesville’s own David Toscano could end up house majority leader.

The unprecedented evening continued in Charlottesville, where Nikuyah Walker bucked the Democratic groundswell and became the first independent to win a seat on City Council since 1948. Also unprecedented: It’s the first time two African Americans will serve on council when she joins Vice-Mayor Wes Bellamy on the dais in January.

Walker’s supporters—a younger, more diverse crowd than the older, whiter Dems awaiting returns at Escafe—gathered at the Jefferson School African American Heritage Center, where she led from the first precinct report.

“She’s the first Charlottesville native in decades to serve on council,” former mayor Dave Norris, a Walker supporter, points out. “She’s someone who’s actually experienced some of the issues facing council. She lived in Garrett Square,” which is now known as Friendship Court.

Former mayor Dave Norris and Vice-Mayor Wes Bellamy were on hand for Nikuyah Walker’s historic win. Photo Eze Amos

Her victory “is a rebuke to the dirty tactics of the anonymous source,” adds Norris, referring to the November 4 Daily Progress story prompted by an unnamed city official who suggested Walker’s “aggressive” communication style would make it difficult for her to work with other councilors and city staff.

Before the election, conventional wisdom predicted Laufer, who’s served on the school board, would get one of the open council seats now held by Bob Fenwick and Kristin Szakos, and the second would be a toss-up between Hill and Walker. Instead, Hill edged Laufer by 55 votes in what were extremely close margins between the three frontrunners.

“Heather worked her tail off,” says Norris. “Whenever someone criticized Heather, she would sit down and talk to them. She personally hit up every street in Charlottesville.”

Democrat Heather Hill had expected to sit on council with Amy Laufer, but the election, with everything else this year, was “unprecedented,” she says. Photo Eze Amos

The election “played out in a different way than I expected,” says Hill. “This year has been unprecedented, and there was no doubt in my mind this election was going to be unprecedented. I’m really excited to be part of this change.”

One big change for Walker: As a city employee with parks and rec, she will be her own boss as a councilor—sort of. State code on conflicts of interest says an elected official may keep her job with a government agency provided employment began before election to the governing body.

Surrounded by her son, two daughters and mother on stage at Jefferson School, Walker admitted, “I drove my family crazy.”

She said, “It’s hard growing up black in Charlottesville. I only ran because of [the late vice-mayor] Holly Edwards. She told me if I️ ran, I’d win.”

Walker said, “People told lies about me. They should have told the truth.”

And she acknowledged the broad grassroots support she had, with contributions ranging from $5 to $10,000. She urged her supporters to hold onto the “we” and stay engaged. “It’s not a temporary thing.”

Walker’s win “breaks up the total Democratic control on council,” says UVA Center for Politics’ Geoffrey Skelley. “It’s meaningful in the aftermath of all the terrible things that happened in Charlottesville” with the monument debate and neo-Nazi invasion, which some put at the feet of City Council.

“Walker was offering something different,” he says. “It’s a reaction locally when Democrats were crushing it everywhere else. It’s a reaction to local issues that have become national issues.”

In Albemarle County, the Samuel Miller District was the only contested Board of Supervisors race, and incumbent Liz Palmer handily beat Republican challenger John Lowry with 68 percent of the vote.

In county school board races, Katrina Callsen, who had opponent Mary McIntyre’s supporters grousing about outside money from a Teach for America affiliate, won 63 percent of the Rio District vote. In the Samuel Miller District, incumbent Graham Paige held on to his seat with 65 percent of the vote, fending off 18-year-old challenger Julian Waters.

Statewide, Skelley had anticipated a narrower race between Northam and Ed Gillespie. Northam’s win was the largest margin for a Democratic candidate since 1985, when Gerald Baliles won, says Skelley.

Voter turnout was up 15 percent over the last governor’s race in 2013, and in some places like Charlottesville, it was up 31 percent. In Fairfax, 23 percent more voters went to the polls than in 2013, and that increase “has got to be looked at as a response to President Trump,” says Skelley.

Democrat Justin Fairfax won the lieutenant governor’s race and became the second African American to hold that position, which Doug Wilder won in 1985. Incumbent Attorney General Mark Herring held on to his seat and gave Democrats a sweep in statewide offices.

Before the election, Skelley predicted Democrats might pick up seats in the high single digits in the House of Delegates. “I was very cautious,” he says. Several close races will face recounts, and if the Dems win, it’s possible they could have their first majority in the house since 2000.

Almost all the Democratic gains came from the 15 districts that Hillary Clinton carried in 2016, says Skelley. “It’s not like they’re winning a bunch of red seats.”

A couple of Latina delegates, an African-American veteran, Dawn Adams, the first openly lesbian delegate, and Danica Roem, the first transgender legislator in the country, will change the makeup of the mostly white male House, says Skelley.

Roem’s win over 13-term social conservative Bob Marshall, who carried the state constitutional amendment to ban gay marriage and who last year carried an unsuccessful bathroom bill, is particularly significant and an outcome Skelley wasn’t willing to bet on. “Prince William County has changed,” he says. “[Marshall] didn’t change with it.”

No one was predicting an unseating of Albemarle’s three GOP incumbents—Steve Landes, Matt Fariss and Rob Bell—who held on to their seats, although Bell and Fariss did face challengers, unlike in 2015 when they were unopposed. While Dem Angela Lynn lost for a second time to Landes, this year she narrowed the margin from 32 points to 16.

For House Minority Leader Toscano, who was unopposed, the evening was particularly enjoyable. “I must admit I never really thought we could do it all this cycle,” he says. “I thought we’d pick up some seats.”

Currently the Dems have 49 seats, he says, and both sides are calling for recounts in a handful of races. He’s not speculating on what will happen if his party takes the majority—and he could potentially be elected speaker. “First we have to count all the votes,” he says.

However, even if the Democrats don’t hold a majority, with a 49-51 split, “immediately we’ll get a lot more representation on committees. Immediately we’ll make strategic alliances with Republicans to pass legislation,” says Toscano.

“The election makes clear Virginia is a bellwether election following Trump,” he says. It shows that voters like candidates engaged with their communities, they like what Democrats like Governor Terry McAuliffe have been doing with economic development, and says Toscano, “They don’t like the divisiveness and hate of Trump.”

Correction 10:22am November 9: The story originally said Walker would have to resign her job as a city employee, but apparently that’s not true if she held the job before being elected.