Categories
News

(Don’t) take a seat: Downtown Mall still lacks public benches

Last year, the Seattle Department of Transportation installed 18 new bike racks on a stretch of pavement underneath Highway 99. However, the racks were not meant to provide more resources for cyclists—but to prevent the homeless people who had been camping there from coming back.

Seattle is just one of many cities known to use hostile, or “defensive,” architecture to deter “unwanted behavior,” such as loitering or sleeping in public spaces. Curved and slanted benches, street spikes and dividers, boulders and spikes under bridges, and benches with armrests—among other examples—have been spotted and posted on social media in cities across the country.

While city governments claim that such architecture is needed to maintain order and public safety, critics say it unfairly targets the homeless, preventing them from having places to rest.

In Charlottesville, this debate has lasted for years, specifically surrounding public seating on the Downtown Mall. In 2012, the North Downtown Residents Association released a report (endorsed by downtown businesses) claiming that the increasing amount of panhandlers and loiterers on the mall “yelling obscenities, verbally assaulting passersby, fighting, and engaging in other disturbing behavior” made mall employees and patrons feel unsafe and uncomfortable, The Daily Progress reported. The report recommended, among other things, that sitting and lying down be banned on the mall.

The same year, the city removed the fountain-side chairs in Central Place near Second Street, and replaced the seating in front of City Hall with backless benches, in an effort to prevent “disorderly conduct” on the mall. 

However, no bans on sitting or lying down were passed, and, as of today, “individuals who are residentially challenged or unsheltered” on the mall are not breaking the law, but “can be arrested for trespassing…if [they] are blocking entryways to businesses, or for aggressive soliciting, just to name a few examples,” says Charlottesville Police Department Public Information Officer Tyler Hawn.

Controversy arose again in 2016 when the Charlottesville Board of Architectural Review unanimously denied the Parks & Recreation Department’s request to replace all of the mall’s wooden chairs with backless metal benches to discourage loitering. BAR members believed the benches would be uncomfortable, and they’d prevent those who did not want—or have the means—to spend money at a business from fully enjoying the mall, dishonoring architect Lawrence Halprin’s intentions and design (which included 150 public chairs).

The city has since listened to mall patrons’ complaints that the backless benches in front of City Hall were not “human-friendly,” replacing them with the originally designed wooden chairs, says city Communications Director Brian Wheeler. But it has not added any more public seating to the mall, which, according to Wheeler, currently has 37 wooden chairs 

Stephen Hitchcock, executive director of The Haven, says the issue doesn’t feel as loaded as it did a few years ago.

“Obviously, you’re going to have people who have pretty strong opinions about folks who are holding signs on the mall, or asking for money, or sitting in front of the landmarks,” says Hitchcock. “But, I feel slightly encouraged, at least in contrast with what I hear happening around the country [with hostile architecture]…something that I feel is really important about the Downtown Mall is that it is one of the only places where the city sees itself, across race, class, gender, sexual orientation, you name it.” 

However, on January 4, Charlottesville resident and activist Matthew Gillikin revived the discussion surrounding mall seating on Twitter, pointing out the very few public chairs available, compared to the hundreds of private chairs owned by restaurants and cafés.

In response, someone else listed the fees the city charges each downtown business with outdoor seating: $125 annually, plus $5 per square foot—revenue generated from what is ostensibly public space.

The Center of Developing Entrepreneurs, currently under construction on the west end of the mall, could add more public space–plans call for an exterior courtyard and outdoor amphitheater for public and private events.

According to Wheeler, if the community wanted to add more wooden chairs to the mall, or even “a different type of bench that was much longer, [that] you could lay down on,” the proposal would have to approved by the BAR. 

The city would also have to allocate a significant amount of funding for the seating, says Wheeler. He estimates the wooden chairs on the mall cost $1,200 to $1,500 each, and says they are expensive to maintain.

And while the city wants to be “good stewards of the mall…the number one architectural change we can make for our homeless population is to give them an affordable home and economic opportunities,” says Wheeler. “We want to get people out of homelessness.”

 

Categories
News

‘Inexhaustible curiosity:’ Lawyer, banker, civic leader Lloyd Smith dies at 85

 

Lloyd Smith, a founding partner of Tremblay and Smith law firm, Virginia Broadcasting Corporation, the parent company of what is now NBC29, and Guaranty Bank, as well as the North Downtown Residents Association and Park Lane Swim Club, died June 25 at age 85.

“He had a good life and died quietly with his family there,” says his son Garrett Smith.

Lloyd Smith served on myriad civic boards, including that of the Jefferson-Madison Regional Library, where he was instrumental in acquiring the former post office and federal courthouse for what is now the main library.

His purchase of a rundown Park Street manse, the Marshall-Rucker house, and restoration over 50 years resulted in its listing on the National Register of Historic Places.

When Lloyd and Ashlin Smith bought the house in 1960, there was no zoning, no architectural review board or preservation efforts, says Smith. Early members of the North Downtown Residents Association at times would buy an at-risk house to preserve it, he says.

Lloyd Smith served on pretty much every city zoning board—the planning commission, Board of Architectural Review and Board of Zoning Appeals. He also was a director of the Albemarle Charlottesville Historical Society and served as its president in 1982. And he was a member of the Monument Fund, which is suing the city for its decision to remove Confederate monuments from two downtown parks.

His obituary cites his “inexhaustible curiosity” on far-ranging topics. “He was interested in all kinds of things—architecture, undergrounding [utilities], the law or business,” says Garrett Smith.

Smith was a Marine who served in Korea before obtaining degrees from UVA. Submitted photo

He recalls learning attention to detail from his father, who “spent every weekend of my childhood” restoring the 1894 house. “It’s a process and we focused on details,” learning how to burn paint off wood or how to disassemble a window, says Smith. His father was thrifty and learned how to do the work himself. “That was his hobby.”

Harold Wright, general manager of NBC29, had obtained a license with fellow broadcaster Bob Stroh to start Charlottesville’s first television station, “but we didn’t have the business experience to do it,” says Wright. After teaming up with Lloyd Smith and Gerry Tremblay, “within six months they raised the money” and the station went on the air in 1973.

Smith had a deep interest in history—and in sailing. After he retired, he bought a house on the Chesapeake Bay where he sailed and did historic research. “He loved boating,” says Garrett Smith, recalling trips through Europe on canal boats traveling very slowly.

The Park Lane Swim Club was a neighborhood institution. Garrett Smith remembers the vintage pool empty during his childhood. When his thrifty father decided to restore it in 1980, he asked 10 neighbors to put in $1,000 for a 20-year lease for use of the pool. When the lease expired, the pool was incorporated as a nonprofit and now has a waiting list. The gatherings of the Friday Evening Philosophical Society there were “our Fridays after 5,” he says.

Lloyd Smith “was one of the most interesting men in Charlottesville,” says author Mariflo Stephens, who is a neighbor and member of the pool and philosophical society and Smith’s croquet club. “He was also one of the most generous men in Charlottesville. He could have kept the pool private.”

Garrett Smith says his father would most like to be remembered for the institutions that survive him, such as the bank, TV station, pool club and neighborhood association.

“That’s what he’d like as his legacy—these institutions that made the community better.”

A graveside service will be held at 10am Saturday, June 30, at Riverview Cemetery.

 

Categories
News

Noisy neighbors: Residents ask Allied Concrete to quiet down

North Downtowners have long complained about the noise from Allied Concrete, which was established on industrially zoned Harris Street in 1945—just on the outskirts of a residential neighborhood.

Colette Hall, who has lived in downtown Charlottesville for 16 years and served on the North Downtown Residents Association board for 12, five as president, says the noise has persisted as long as she can remember. And it’s not just during the day. With normal operating hours from Monday to Saturday, Allied also has a third shift that sometimes works overnight.

With the constant clanging and banging and noise of the utility vehicles’ backup beepers,“You cannot sleep if this is going on all night long,” Hall says.

In 2002, she, City Attorney Craig Brown and then-NDRA president Chad Freckmann approached former Allied president Gus Lorber about the noise. He allegedly agreed to have the backup beepers silenced at night, Hall says, but she awoke to the familiar noise of incessant beeping soon after. At around 3am, she got dressed, marched over to the plant and confronted a man operating a utility vehicle. He agreed to silence it and she says she thought the battle was over.

“It seems to do some good for a while, but then things go back to the way they used to be,” says Mark Kavit, another former NDRA president who still serves on the board. He says he suspects between three and five couples have moved out of the neighborhood to elude the noise.

To this day, Hall says about Allied, “They haven’t been a friendly neighbor.”

But Ted Knight, the company’s current president, says, “We are good neighbors and stewards and try to be as courteous as possible.” In his three years of presidency, he says he hasn’t received any noise complaints. But with crews currently working up to four nights a week on a Route 29 solutions project, he says neighbors are probably hearing additional noise.

About those backup beepers, though? Regulations require backup alarms on Allied’s hulking utility vehicles for safety. “Those are things we can’t disable,” says Knight.

For William Hunter, a Nelson Drive resident since 2004, the beepers aren’t the biggest issue. He has recorded several nights’ worth of what he calls a “medley of very loud machinery,” and says the noise has become louder over the past several years. In a recording taken from his front doorstep at 3am last week, Hunter plays what he says sounds like a mortar shot or a loud snare drum going off in 30-second intervals.

The city’s noise ordinance says the maximum sound level for residential areas is 65 decibels during the day and 55 at night. No limits are imposed for industrially zoned areas, and Charlottesville Police say no calls for Allied-related noise have been received over the past year.

“I wouldn’t bother the police with a complaint when I know they are well within their rights to make as much noise as they need deem necessary,” Hunter says about the company.

The ordinance declares that “the people have a right to and should be ensured an environment free from excessive sound that may jeopardize the public health, welfare, peace and safety or degrade the quality of life; and that it is the policy of the city to prevent such excessive sound.”

“The city holds all the power,” Hunter says, acknowledging that no noise limits are imposed at Allied and some neighbors have been reluctant to bring the issue before city staff in the past. As part of a “peaceful protest,” he has constructed a Scrabble-style piece of folk art in his yard that uses words such as mitigate, buffer and please.

William Hunter's "peaceful protest." Staff photo

His house is just a five-minute walk from the Downtown Mall and Hunter says the city should be just as concerned about the effect of Allied’s noise on his neighborhood as they are of concerts and other events downtown. On any street in Charlottesville, there is legal recourse for a dog barking loudly, he says, and some similar enforcement should be in place for the “industrial roar” he lives next to, such as the construction of a buffer or wall.

“Noise pollution is a real thing and this is an extreme example of it,” Hunter says.

City staff isn’t always aware of situations that could be violations of city code, says spokesperson Miriam Dickler, though they are aware of past complaints against Allied. “If folks can contact us and let us know, it allows us to investigate and work with them on a faster timetable than waiting for us to come across it on our own.”

However, Allied’s president offers another perspective: “When you move next to a railroad track, you can’t complain about the train.”