Categories
News

In brief: Youngkin policy rejected, and more

Collective bargaining approved

Charlottesville City Council unanimously passed a long-awaited collective bargaining ordinance during its October 3 meeting, giving many city employees the right to unionize. After union supporters pushed back against the ordinance initially proposed by interim City Manager Michael Rogers and D.C.-based law firm Venable LLP in August, city leadership and Venable representatives worked with the Amalgamated Transit Union, representing Charlottesville Area Transit employees, to improve the ordinance, and took public comments into consideration.

While the original ordinance limited unionizing to police, firefighters, and bus drivers, and only allowed units to bargain over wages and salaries, working conditions, and non-health and non-welfare benefits, the revised ordinance creates three additional units—Labor and Trades, Administrative and Technical, and Professional—and permits bargaining over health and dental insurance premiums, deductibles, and co-payments, as well as disciplinary procedures, which may be negotiated using binding arbitration. Only three units are allowed to be certified at first, but the other three can be recognized after the city’s first year of bargaining.

The final ordinance gives employees the right to request a representative during disciplinary interviews, use city technology for union communications, and hold union meetings on city premises, among other rights. It also clarifies prohibited labor practices and unit certification procedures.

After rejecting interim City Manager Michael Rogers’ initial proposal, union supporters say they’re pleased with the collective bargaining ordinance approved by City Council earlier this month. Supplied photo.

If mediation fails, all parties are now required to automatically adopt a neutral fact-finder’s recommendations (the original proposal allowed the city manager or City Council to reject the recommendations). If a party disputes the recommendations, then council will hold a public hearing regarding the issue, and take a binding vote on how to resolve it.

“We’re really pleased with the outcome of what’s happened here,” said John Ertl of the ATU during a public hearing on the ordinance. “It’s not everything we wanted, but it’s a strong step forward for the city’s workers.”

However, several community members urged the city to exclude police from unionizing, claiming it could put a stop to the city’s criminal justice reforms. 

“Unions would go further to decrease police accountability … [and] interfere with the work” of the Police Civilian Oversight Board, said Kate Fraleigh. “Police have already shown themselves to be quite well represented by the Police Benevolent Association, and that PBA did a serious number on our city [in] the face of reform,” added Brandon Collins.

Mayor Lloyd Snook explained that the local PBA sent a letter to council last month asking to be included in collective bargaining, and claimed Charlottesville—which “does not actually have a police violence problem”—would not have the same issues as bigger cities with police unions.

“In many cases what has been the problem has been mandatory arbitration of the grievance procedures,” said Snook, “so that’s if you end up with somebody being fired and the person doesn’t like the fact that he or she is being fired, then you have mandatory arbitration, which can result in the person being put back in.” 

Councilor Michael Payne noted that PCOB matters are not subject to negotiation under the revised ordinance. “I do think there’s been real thought given to ensuring there is still accountability for police,” he said.

The new ordinance will go into effect January 1, 2023, allowing unions to be certified as early as March 2023. If the city and units engage in mediation or fact-finding, then a collective bargaining agreement may not take effect until July 1, 2024, at the start of the new fiscal year.

In brief

CAT pay raises

Starting pay is now $21 per hour for Charlottesville Area Transit operators and school bus drivers, and $18 per hour for bus aides, interim City Manager Michael Rogers announced during City Council’s October 3 meeting. All bus drivers, technicians, and maintenance workers with more than one year of service will also receive a 12 percent market adjustment raise. Rogers noted that CAT—which is currently down 20 transit operators, and 25 school bus drivers—is able to fund the raises due to its large number of vacancies. “We hope that this pay increase will continue to provide incentive and withdraw back the people we need,” he said.

School boards reject Youngkin policy

The Charlottesville City and Albemarle County school boards have called on Gov. Glenn Youngkin to drop his controversial proposed transgender student policy and consult with local school districts on new guidelines. “It is unfortunate that the proposed policies were not research-based and are without the input of school divisions and the population most directly and severely affected,” reads the county board’s October 5 statement. “We will not retreat to fear, misunderstanding, and bullying,” reads the city board’s October 6 statement.

Glenn Youngkin. Supplied photo.

Police chief update

POLIHIRE plans to begin interviewing police chief candidates later this month, and provide a recommendation to Rogers in early November. The D.C.-based executive search firm is currently holding meetings with community stakeholders, and has met with Charlottesville police to “discuss what the department would like to see in a new chief,” reads the city manager’s October report.

First Hindu Heritage Month

This October marks Virginia’s first-ever Hindu Heritage Month, thanks to a resolution passed this year by Del. Suhas Subramanyam—the first Indian American and Hindu American elected to the General Assembly. The resolution recognizes several Hindu holidays in October, including Bathukamma and Navaratri. Hindu Heritage Month “is a symbol of recognition and celebration for the contribution of Hindus to the Commonwealth, and an opportunity to continue to grow awareness and appreciation,” Subramanyam said in an October 3 statement. 

Categories
News

Deadly shortcut 

In 2018, 54-year-old Joseph Mark Audia was killed when he was crushed between two cars in the Jak ’n Jil restaurant parking lot on East High Street. The Louisa County man was standing next to his car when a pickup truck ran off the road and crashed into several parked cars, trapping Audia between his car and another one. 

More pedestrians could be injured or even killed if critical improvements are not made to East High, fears Dwight Corle, owner of Charlottesville Glass & Mirror. 

“What we have is people cutting through parking lots starting at Jak ’n Jill, [who] will try to turn onto Hazel [Street] cutting through our lot, endangering the lives of myself, my employees,” explains Corle, who has owned his business for over 40 years. “Almost everybody who works here has had their life in jeopardy multiple times over the last 15, 20 years—it’s just gotten worse.”

For decades, Corle has asked the City of Charlottesville to rebuild the curbs and gutters that have eroded away in front of his shop, and create an adequate entrance. Because there are no barriers separating Jak ’n Jil and Charlottesville Glass & Mirror from East High Street, impatient drivers can easily cut through the business’ parking lots to get to Hazel Street. Curbs would also help divert stormwater runoff coming down Hazel Street into drains, instead of his store’s parking lot.

“If the curbs and gutters were there, it would be much more difficult for people to drive into the parking lot,” says longtime pedestrian advocate Kevin Cox, who became a school crossing guard at East High and Hazel streets this fall. “[Drivers are] not going to want to jump a four- to six-inch curb and damage their car potentially to cut through a parking lot.”

On September 25, Mayor Lloyd Snook joined Corle, Cox, and other concerned residents for a walk on East High to see the infrastructure issues that plague the street. The advocates also hosted a bake sale in front of Corle’s store, and collected around 34 petition signatures in support of the street improvements.

In addition, pedestrian advocates are pushing the city to move the bus stop and crosswalk located in front of the glass shop near the intersection of East High and Hazel streets—where they have seen multiple people almost get hit by cars—to a location further down the road. They suggest widening the new crosswalk, and adding plastic pylons and signs that remind drivers to yield to pedestrians. 

Once pedestrians walking down East High toward Tubby’s get near Fisher Auto Parts, they have very few sidewalks. In front of the former AT&T building, located next to Charlottesville Glass & Mirror, there is only a rough dirt path—a danger to those with disabilities.

“If [they’re] using a wheelchair to get around, people will go into the street because that dirt path is so rocky, and they don’t want to fall over,” says Cox. “I’ve literally helped people off the ground multiple times,” adds Corle. 

Some improvements to the street may be coming soon: “The consideration of moving the bus stop has been initiated, and I am awaiting staff reports on how soon we might be able to affect the change,” said Deputy City Manager Sam Sanders in an email to C-VILLE on September 28.

However, the city does not have a funded project yet for additional improvements, like sidewalks or curbs. “E. High is on the priority list of corridor projects in the city, [but] does not rank in the Top 5. … In the meantime, we continue to look at E. High because of the Safe Routes to School priority that aligns with this roadway, [and] are committed to exploring additional fixes in the interim,” said Sanders in his email.

As a temporary measure, the city recently provided Corle with plastic barriers to put between his store and Jak ’n Jill—but some people still drive around them. He hopes city leadership will implement more permanent solutions soon, and suggests they completely redesign East High after the Rivanna Water & Sewer Authority installs a central water line under the street in two to three years.

“If they’re going to be ripping all of this pavement up,” says Corle, “what a great time to put it back and put it back right the way it should be.”

Categories
News

‘Blighted’

For decades, two of Albemarle’s toniest enclaves—Farmington and Ednam Forest—have lived in proximity to a less desirable neighbor. Charlottesville Oil, built in 1950, has long been known for the junked vehicles and debris outside. And inside, when it rained, it poured.  

Albemarle County finally noticed. On April 22, it sent Charlottesville Oil president James F. “Phil” Dulaney Jr. a preliminary determination that “the property at 2839 Ivy Road is blighted.” Among the 10 violations cited are “overall lack of any or no maintenance to the building and outside property,” holes in the roof and floor, hazardous materials, mold and mildew, “unsanitary conditions” inside the building, and no heat for employees.

That was followed by an April 27 letter from county Assistant Fire Marshal Micaiah Ledford, who noted “continuing violations” of fire codes, as well as local and state statutes. He set out a timeline for hazardous materials cleanup, asbestos abatement, and demolition permits for unsafe structural sections.

On July 13, county Zoning Administrator Bart Svoboda sent Dulaney an official notice of violation. He listed the accumulation of tires and trash, multiple inoperable vehicles, structures, and a roofing contractor whose business was not a permitted use. Svoboda warned Dulaney the violations could be subject to criminal and civil penalties, and to bring the property into compliance by August 15. 

Albemarle’s deadline for compliance has been extended because Charlottesville Oil is “making forward progress,” says county spokesperson Emily Kilroy, who clarifies that the property has not been condemned. The county has taken the owners of blighted properties to court, but “that’s not where we want to be,” she says, noting the cost to taxpayers. “The opportunity to address real safety and health issues is a better outcome.”

The fire marshal was involved, she explains, because “unsafe structures pose huge risks to firefighters.” 

In an emailed statement, Dulaney says, “We have completed the asbestos removal phase and are coordinating with Albemarle County to take down what needs to be taken down and fixing up what needs to be fixed up. We look forward to a completed project in the near future.”

Dulaney owns a large portfolio of properties in prominent locations, the most notorious at Rockfish Gap where the Blue Ridge and Shenandoah national parks meet. The Howard Johnson restaurant and Holiday Inn there were thriving businesses when he took control of the primo real estate 50 years ago. 

The site included a gas station and the Skyline Parkway Motor Court, which became the target of arsonists in the early 2000s and has been partially demolished. Dulaney also faced fire code violations in 2011 and 2012 at the former Holiday Inn, by then known as the Afton Inn.

Today, only the orange HoJo’s roof seems to have survived the half century intact, and a popcorn truck is the only business in operation.

Swannanoa, a 1912 palace on the Virginia Landmarks Register and National Register of Historic Places, is also Dulaney-owned, as are the parcels housing Wayside Chicken and the former Toddsbury in Ivy. 

Bruce Kirtley ran the Ivy convenience store for 25 years, closing it in 2019, he said, because Dulaney refused to do any maintenance. A faulty septic system was the breaking point for Kirtley, who told C-VILLE, “If I owned it, I’d fix it. That’s what rational people do. His properties speak for themselves.”

Anderson’s Seafood and Catering has resided under a canopy in the Charlottesville Oil parking lot for eight years. That use is not within the parameters of the zoning violations, says Kilroy.

“So many customers have been concerned that we’d have to move,” says Ted Anderson. “It’s the best location we’ve ever been in.” He says he has five times the business he’s had in previous locations. Dulaney and his associate, Mike Jones, “have been fantastic to work with,” Anderson says, but he does acknowledge that inside the building, “it wasn’t in very good shape.” 

The closer scrutiny of Charlottesville Oil came about after a complaint earlier this year, Kilroy says. C-VILLE Weekly did a story on Dulaney’s properties in 2015 called “The ruins of Afton Mountain: Eyesores along a scenic byway,” which reported—with photographs—the busted-up vehicles at Charlottesville Oil, and asked the director of zoning about the county’s junked vehicles ordinance.

“It’s a fair question,” concedes Kilroy about the lack of action seven years ago. She says the county was unaware of the mysterious “Crozet hum,” a noise ultimately linked to Yancey Lumber in 2018, until a Crozet Gazette reporter got in touch. “If folks see something that needs addressing, they should reach out to us.”

Editor’s note: A previous version of this article misspelled the name of county Zoning Administrator Bart Svoboda.

Categories
News

In brief: Fashion Square gets new owner, multiple shootings, and more

Re-Fashioned Square

After years of increasing vacancies and rumors of big development plans, Fashion Square Mall has a new owner: Home Depot. The Atlanta-based hardware big-box company purchased the entire property at the corner of Seminole Trail and Rio Road, minus the Belk Women’s store and the former JCPenny location on September 1, according to Athena Emmans, marketing manager for Jones Lang LaSalle, the company that manages the site.

“Our teams are all working together to create a plan for the future,” Emmans wrote in an emailed response to questions last week.

Home Depot’s corporate office did not respond to a request for comment, but Emmans says all current leases will continue, and the mall is actively seeking new tenants.

“In the past several months, we have or will be opening just over 31,000 square feet of new retail including Bintastic, Elite Empire, Snap Trapp and Nails Next Door with an additional five new tenants before the holidays,” writes Emmans.

The Home Depot purchase isn’t the only recent development at the site. This summer, Albemarle County supervisors approved a plan to spend millions to convert the former JCPenney into a public safety operations center. The space will be used for a variety of purposes, including parking, maintenance, and storage of emergency vehicles and other gear.

Police investigate multiple shootings, deaths

On September 10, the Charlottesville Police Department responded to a shots fired incident on the 300 block of East Main Street on the Downtown Mall at around 6:40pm. In a press release issued four days after the crime, the department reported that there were no injuries or property damage, but offered no additional information. 

On September 15, a Charlottesville police officer reported to the Emergency Communications Center that he “was out with a wanted suspect with whom he was familiar with” at around 4:22pm, according to a city press release. The suspect soon fled in his vehicle at a high speed, and crashed into multiple cars at intersections surrounding Elliott Avenue. As officers approached the suspect’s vehicle, he shot himself. Emergency personnel later declared the suspect deceased. Anyone with additional information about the incident should contact Detective Cundiff at 970-3373.

The CPD also responded to a shots fired report on the 300 block of Third Street NE on September 17. At around 3am, officers discovered a man who had been shot, later identified as 29-year-old Daquain Anderson. Anderson was taken to the hospital, where he died of his injuries. Anyone with information regarding the homicide can contact CPD at 970-3280.

And on September 18 at around 12:43am, the CPD responded to a multiple shots fired call in the area of Ninth Street NW and West Street. Officers found shell casings on the 800 block of Hardy Avenue. There were no injuries. Witnesses reported hearing a car speeding off, but did not see any suspects, according to a University Police Department community alert. 

In brief

Tuition rebate

The University of Virginia will give in-state undergraduate students a one-time $690 rebate to pay them back for the 4.7 percent tuition increase for the 2022-23 school year. The school’s Board of Visitors voted on September 16 to join 13 other public state institutions in keeping tuition flat, as requested by Governor Glenn Youngkin earlier this year. Students will see the rebates—which will cost UVA $7.5 million—on their accounts during the current semester and spring 2023 semester.

Human rights survey

Charlottesville’s Human Rights Commission is seeking public input on the city’s legislative priorities regarding human rights concerns, as it drafts recommendations for City Council. To take the survey, visit charlottesville.gov/hrcsurvey before it closes on October 3 at 5pm. 

False alarm

The CPD received a 911 call at around 1:20pm on September 19 claiming that “a number” of Charlottesville High School students were hurt—but later determined the call was a hoax after putting the school on a 40-minute lockdown, according to a statement issued by Principal Rashaad Pitt. Multiple Virginia schools, including Culpeper, Lynchburg, and Shenandoah County, were locked down after receiving false threats the same afternoon.

Charlottesville High School. Photo: Eze Amos.

Plane crash

One person was killed in a small plane crash in Albemarle County on September 14. Shortly before 11:30pm, county officials received a distress call from an unidentified pilot of a private, single-engine plane, and attempted to help him land at Charlottesville Albemarle Airport, but the plane was unable to make it, according to Virginia State Police. The plane crashed and caught fire in a wooded area near Plank and Stillhouse Creek roads. The pilot was the only occupant, and died in the crash. 

Media star comes home

Slate senior editor and former local resident Dahlia Lithwick will return to Charlottesville for a discussion of her new book, Lady Justice: Women, the Law and the Battle to Save America. Lithwick, an acclaimed legal commentator and host of the Amicus podcast, will appear in conversation with Amy Woolard, chief program officer for the ACLU of Virginia. The event happens Thursday, September 22, at 6:45pm at PVCC’s Earl Dickinson Auditorium. It is free and open to the public. No reservations required.

Categories
News

Zoned out 

After several hours of discussion, Charlottesville’s Planning Commission recommended City Council deny a controversial rezoning proposal that would build up to 72 new apartments and a daycare center in the Locust Grove neighborhood. During a September 13 joint meeting, the commission cited issues with the project’s affordable units and infrastructure. However, commissioners and councilors expressed general support for the high-density development—which has received criticism from dozens of neighbors—and remained open to approving a revised proposal in the near future.

The proposal asks to rezone two empty lots next to Mount View Baptist Church on St. Clair Avenue from two-family residential to planned unit development, allowing the developers, led by Craig Builders, to build a mixture of efficiency, one-, two-, and three-bedroom units that would appear as a series of linked townhomes. The development would feature a central greenspace and a multi-use path within the Otter Street right-of-way that would be constructed to connect Landonia Circle and St. Clair Avenue. The church has also expressed interest in opening a daycare, which the PUD zoning would permit.

Seven of the new units would be set aside as affordable housing. While four would be reserved for households making less than 65 percent of the area median income, three would be for households making less than 80 percent—however, an affordable unit could become available to higher earners if it remains vacant for longer than 90 days, and all affordable units would convert to market rate after 10 years, per the current proposal.

Planning commissioners criticized the project’s short affordability period, and pushed for it to accept housing vouchers. Councilor Michael Payne urged the developers to align with the city’s draft inclusionary zoning policy and require new developments (with 10 or more units) to set aside at least 10 percent of units as affordable housing for households making 60 percent or less of the AMI—for at least 99 years. 

The developers are open to dropping the 90-day vacancy rule, and now want to make all the affordable units up to 80 percent AMI, the Charlottesville Redevelopment and Housing Authority’s payment standard, said engineer Justin Shimp, who represented the developers. “If someone has a voucher, they qualify for that standard.”

Justin Shimp, who represented the developers of the Locust Grove rezoning project, claimed the development is “like a $200,000 basically donation to affordable housing when you make … reduced-rent restrictions.” Supplied photo.

Shimp argued that the seven units could remain affordable after 10 years—Wickham Pond, a similar development in Crozet, still has affordable units today, five years after its affordability period ended.

But “I can’t think of a project that’s got 30-year, 99-year [affordability] without some kind of subsidy,” said Shimp. “This [development] is like a $200,000 basically donation to affordable housing, when you make these sort of reduced-rent restrictions.” 

Commissioners expressed additional concerns about the development’s impact on traffic, as well as pedestrian and transit connectivity in the surrounding neighborhood, particularly incomplete and inadequate sidewalks. Shimp replied that there are five CAT bus stops within a five-minute walk from the proposed site, and the developers are “open and willing to fill in those two missing pieces of sidewalk” on River Vista Avenue.

Ahead of last week’s meeting, Neighborhood Development Services staff also recommended denying the rezoning request, arguing that the development’s infrastructure and affordability issues do not comply with the city’s new comprehensive plan.

“Staff is concerned that while the proposed development includes multiple smaller buildings, these buildings are not ‘house‐sized’ in relation to the surrounding neighborhood,” which largely consists of single-family homes, reads the staff report, “[and] that no improvements to the existing River Vista Avenue sidewalk network are proposed. The existing network on the southern side of River Vista Avenue … includes multiple gaps where no sidewalk exists. Staff is also concerned that no pedestrian connection through Landonia Circle to Long Street (Route 250 Bypass) is provided.”

During public comment, multiple neighborhood residents spoke out against the development, echoing concerns brought up by commissioners and city staff. Elizabeth Hand claimed the high number of units was not “consistent” with the neighbor­hood, while Elizabeth Alcorn pointed to the area’s traffic problems.

“Two weeks ago one of my neighbors [had] her car totaled while it was parked on Calhoun Street because of the narrow width of the street and the heavy traffic—until this problem is fixed, there should be no development going on in the neighborhood,” said Alcorn.

Some neighbors, though, urged the city to approve the high-density development. Former city councilor Kristin Szakos reflected on the many proposals for denser housing she saw denied “because they were not perfect.”

“The results of those years of denials and of zoning that encouraged large houses on individual lots is that our city is experiencing a crisis,” said Szakos. “This project is not perfect, but it offers what I hope will be one of many responses to that crisis—we need housing.”

“Our neighborhood looking ahead is never going to become walkable until we increase the density to support non-residential mixed uses. Lack of density is what’s holding back walkability in our neighborhood,” added Josh Krahn. 

Over the past few months, several dozen other neighborhood residents have sent the commission emails urging it to deny the rezoning request, criticizing the project’s high density, increased traffic, parking needs, and other concerns. “THERE WILL BE A DISRUPTION OF NEIGHBORHOOD INTEGRITY AND VALUES … THIS INCREASE IN POPULATION DENSITY IS A SERIOUS ASSAULT ON THE NEEDS OF EXISTING RESIDENTS,” reads one email included in last week’s meeting packet. Around a dozen neighbors sent messages in support of the project, praising it for bringing more diverse housing options to Locust Grove.

Councilor Juandiego Wade expressed concerns about the affordable units, while Councilor Brian Pinkston encouraged the developers to address traffic issues—but felt the proposal was “in general, a good project in a good place.” 

“This is the kind of density of a project that our zoning rewrite encourages … so I want to figure out how we can get to yes,” said Payne. “I just don’t think the affordability proffers are quite there yet.”

The developers will work with city staff over the next few weeks to improve their proposal, before it goes before City Council for a vote next month. 

Categories
News

Fuming over FLUM

Ask anyone about Charlottesville’s most pressing problems, and chances are affordable housing will top their list. The city’s new Future Land Use Map, adopted last November as part of the comprehensive plan, has been touted as a solution. It aims to increase housing supply by allowing greater density in every city neighborhood from three units per parcel in general residential areas to more than 13 units per parcel in areas designated high density. While the details of the zoning are still being worked out, the plan has been met with fierce opposition. 

First came a lawsuit from anonymous plaintiffs alleging the city violated state law when it adopted the FLUM. After three of the four complaints in that suit were dismissed by a Charlottesville judge in August, dozens of city residents have now signed an open letter that claims the process to create the Future Land Use Map has been “flawed from the beginning” and that it is not the best way to accomplish the city’s affordable housing goals.

“Insufficient data was collected, insufficient analysis was done on data, insufficient citizen participation was solicited, which led to a faulty diagnosis of the problem in Charlottes­ville with housing affordability, which is leading now to a proposed treatment which is not indicated,” says Ben Heller, one of the city residents who signed the letter.

“The idea of upzoning is [that] pure density solves the problem, and it’s not been demonstrated in any city that’s tried it,” says Martha Smythe, another letter signer. 

The letter’s other stated concerns include that the city’s consultants never provided the number of needed units at various levels of affordability, that the Plan did not address the infrastructure needs of the city today or those required to accommodate implied future growth, and that the character of existing neighborhoods is threatened.

“The idea of going and upzoning the whole city, if you stop and think about it, feels very much like trying to make amends for past faults and past issues,” says another letter signatory, Philip Harway. The FLUM “feels like our elected and appointed representatives are throwing a Hail Mary pass.”

Vice-Mayor Juandiego Wade, who had just been elected to council last November when the previous council voted to adopt the FLUM, disputes that characterization. He says the actual zoning ordinance will take about a year to be finalized. Even then, council can make adjustments. 

“If we approve something and two months or two weeks later, we see something needs to be changed, then we can change it,” he says. “I see it as a dynamic process.”

The other councilors were either unavailable or did not respond to a request for comment.

Real estate analyst Quinton Beckham, principal broker for K.W. Alliance, agrees with the letter’s claim that higher density alone will not solve the affordable housing crisis.

“How this affects affordable housing in our city is one cog in a very, very large machine,” says Beckham, noting that the lack of housing inventory does contribute to the high cost of homes and increasing the number of units will relieve some of the market pressure.

“Every person that we get placed is one less person that strains the system,” he says. Beckham disputes the letter’s claims that higher density creates more traffic—“it’s sprawl that increases traffic”—and says greater density reduces other costs associated with growth.

Developer Kyle Redinger also disputes some of the letter’s assertions and says Charlottesville hasn’t kept up with the pace of housing demand. He says greater density is overdue.

“When people see the zoning opportunity, they get nervous because they think they’re going to have a lot more density in their part of the city. And the reality is, that should have happened 20 years ago,” he says. In his opinion, the FLUM doesn’t go far enough.

“If your goal is to solve housing affordability, any restrictions or barriers to land use has to be done away with,” he says. 

The controversy is likely to continue as the city completes the zoning process. Heller says more specifically targeted density should be a part of the affordable housing picture, but he says there are better solutions than zoning. 

“We could look at making it easier to convert commercial centers to residential housing. We could look at land trusts where the city contributes its own land to developers in exchange for affordable housing,” he says.

While Habitat for Humanity and Piedmont Housing Alliance are the major players in constructing Charlottesville-area affordable housing, Heller believes there are other organizations in the country that could do the same work for lower per-unit price. 

Wade says council is “listening to what people have to say,” but Harway claims better communication and more public input during the process would have reduced some of the current opposition. 

“I think there’s really an issue of trust with the city that a lot of residents have expressed to us that they do not trust what the city’s doing as being in their best interests,” says Harway. “And, yes, these are mostly middle class folks. But they’ve been paying the taxes for, you know, as long as they have owned homes here. And to ignore them and put them at risk is certainly not a smart move.” 

Courteney Stuart is the host of “Charlottes­ville Right Now” on WINA. You can hear interviews with Martha Smythe, Ben Heller, Philip Harway, Quinton Beckham, and Kyle Redinger at wina.com.  

Categories
News

In brief: Jail renovation, Brackney out of retirement, and more

‘People don’t get well in a cell’ 

Charlottesville City Council passed a resolution last week supporting the Albemarle Charlottesville Regional Jail’s request for state funding for a massive $49 million renovation project. Jail leadership hopes the state will contribute around $12 million, leaving the three localities that use the facility—the City of Charlottesville and Albemarle and Nelson counties—on the hook for the rest.

In addition to upgrading and replacing the 46-year-old jail’s HVAC units, electrical systems, lighting, and air filtration, the renovations will add outdoor recreation space, classrooms, programming space, bathrooms, and a larger visitation area. The housing areas will be upgraded with stress-reducing colors, more natural sunlight, and sound-deadening materials.  For years, people incarcerated at the jail have called attention to numerous health and sanitary issues, including black mold, poor plumbing, leaky ceilings, standing water, freezing temperatures, and bug infestations.

The renovations will also create a dedicated mental health unit—which some community members spoke out against during last week’s City Council meeting, calling for more mental health-support resources that do not involve police or prisons. 

“People don’t get well in a cell,” said Kate Fraleigh. “Those resources should go to community-based programs.”

“If there’s money for locking people up, there is surely money for treating those in crisis,” added Gloria Beard. “If anything, being locked up creates mental health issues.”

ACRJ superintendent Martin Kumer emphasized that the renovations will not increase the jail’s capacity—40 beds currently at the jail will be demolished during the renovations, and moved to the new mental health unit upon completion. If a bed is not needed for someone experiencing a mental health crisis, then it will be used for the jail’s general population. 

“A lot of the critics forget that it is not up to the jail or to the City Council to decide that we are going to imprison people with mental illness,” said Mayor Lloyd Snook in response to concerns voiced during public comment. “It is frankly in most cases the product of judges having no good choice … [or] there’s no other way to protect society from someone who is mentally ill because we have no good way to compel them to receive treatment when they’re on the outside.”

“The only thing we can do is to make sure that if they’re going to require that somebody with a mental illness be locked up, we are at least trying our best to have some way of getting those people at least some help,” added Snook.

The Virginia Board of Local and Regional Jails is expected to vote on ACRJ’s funding request this month. Once it approves the funding, the member jurisdictions will be asked to fund their portion of the renovations, based on the number of people they have incarcerated at the jail.

Next June, the jail plans to advertise a request for proposals, and hire an architectural engineer for the renovations. Construction is expected to begin in August 2024 and finish in November 2025.

In brief

Out of retirement?

Former Charlottesville police chief RaShall Brackney is one of three finalists to be the next police chief in Minneapolis, where George Floyd was murdered by MPD officer Derek Chauvin in 2020. In February, Brackney—who has filed a $10 million wrongful termination lawsuit against the City of Charlottesville—announced that she was retiring from policing, and was appointed as a visiting professor at George Mason University. The two other MPD chief finalists are Brian O’Hara, deputy mayor of Newark, New Jersey, and Elvin Barren, Southfield, Michigan’s police chief. Minneapolis Mayor Jacob Frey is expected to nominate his top candidate—who will replace recently retired chief Medaria Arradondo—in the coming weeks, according to Patch.com.

UVA hate crime

The University of Virginia Police Department has released photos of a person connected to a hate crime at the school, and asked the public to help identify them. On September 7, someone appearing to be a white male wearing a dark-colored jacket, jeans, and shoes placed a noose—a weapon used to lynch Black people for centuries—around the neck of the Homer statue on central Grounds. Anyone with information about the incident is asked to contact UPD at 924-7166.

An unidentified person caught on camera is wanted by UVA Police for questioning. Photo: UVA Police Department.

Boost up

Free bivalent COVID-19 booster shots—designed to fight against both the original form of the virus and the Omicron variant—are now available at local pharmacies and clinics. While Pfizer’s shot is available to everyone 12 and up, Moderna’s is only available to adults over 18. To schedule an appointment, visit vaccines.gov.

Categories
News

Pedestrian unfriendly

Nearly a year ago in the early hours of September 13, 2021, Sarah Peaslee got the knock on the door no parent ever wants to hear. A police officer told her that her son, 29-year-old Will Davis, had been struck by a motorcycle crossing Richmond Road—U.S. 250 east—and died instantly.

“Will was coming home from a friend,” she says. Will, the grandson of Charlottesville Observer founder Kay Peaslee, was staying with his mother at Carriage Hill on Pantops, and she acknowledges he jaywalked. “He was jaywalking because it’s frustrating to try to cross.” 

Richmond Road is not the only Albemarle County road built to move cars, not pedestrians, and eight pedestrians have died on county roads since 2016, compared to the five deaths in Charlottesville’s city limits over the past 10 years.

Through the ’80s and ’90s, “the flow of vehicles was considered more important than pedestrians,” says Kevin McDermott, Albemarle’s planning manager. At U.S. 250 on Pantops, “we had eliminated all of the opportunities for pedestrians to cross from the [Rivanna] river to I-64. The sidewalk system is inadequate and that’s why we’ve ended up with a road not safe to walk along or to cross.”

Five-lane Richmond Road is notorious for late-night speeding, says Peaslee. While the speed of the BMW motorcycle that struck Davis has not been determined, after it hit him, it totaled a parked Mercedes at the dealership there and its driver, Robert Nikodem, was hospitalized for weeks, she adds. 

Nikodem has been charged with driving under the influence. Assistant Commonwealth’s Attorney Lawton Tufts declined to comment on the case, and says the investigation is ongoing. C-VILLE was unable to reach Nikodem.

While Richmond Road has seen two pedestrian fatalities in the past two years, it’s not the deadliest road in the county. The worst, says McDermott, is U.S. 29 from the city limit at Hydraulic to Hollymead. “Currently there are only two designated pedestrian crossings,” he says. “Drive on 29 any day, you’re going to see pedestrians dash across four or five lanes to the median.”

He says, “I consider that our most unsafe corridor for pedestrians.”

One option Albemarle’s Board of Supervisors likes a lot is photo speed cameras, which warns drivers, snaps pictures of speeders, and sends a ticket in the mail, but that may be a long-shot in photo-ticketing-averse Virginia.

“It’s very effective,” says Supervisor Bea LaPisto-Kirtley. “To me it seems like a no-brainer. We have to use technology because we don’t have the people to enforce speed limits.” Photo speed cameras are at the top of the board’s legislative agenda, she says.

Delegate Rob Bell carried a photo speed camera bill in this year’s General Assembly, but he says it was geared toward two-lane rural roads where it’s unsafe for police to ticket safely. That bill died in subcommittee. 

Cameras have been used to target redlight-runners and school-bus-passers, notes Bell, but the “idea of the presumption of guilt and mailed tickets is not something generally done in Virginia.”

And when a bill fails 10-0, “I’m not planning to bring it back,” he says.

Albemarle is looking at other ways to make crossing multi-lane thoroughfares safer, says McDermott. Pedestrian crossings are in design for Richmond Road at Route 20/Stony Point Road and at Rolkin Road. 

The 250 Access Management Project would close the center lane used for both right and left turns, which LaPisto-Kirtley dubs the “suicide lane,” and put in a median. The project should be ready for public feedback in spring 2023, with construction two years after that, says McDermott.

The recent federal infrastructure bill offers a Reconnecting Communities grant, dedicated to those areas—often African American—that previously were cut off from economic opportunities by transportation infrastructure. The county is applying for a grant, says McDermott, to “identify places we want to enhance safety.”

Plans for U.S. 29 include a pedestrian bridge north of Hydraulic at Zan Road, and an at-grade crossing south of the Hydraulic intersection, he says.

And unlike in the past, when adding more lanes was often a solution to traffic woes, “We don’t do any major transportation projects without a major pedestrian component,” McDermott says.

Albemarle traditionally has a higher number of traffic fatalities than the city, and county police are using public outreach, public education, and targeted enforcement to address dangerous behaviors by all road users, says county spokesperson Emily Kilroy. 

With the shortage of school bus drivers and more children walking to school, pedestrian safety is an even bigger concern. Police posted a ped safety graphic on social media to lay out the best practices for walking, especially on roads without sidewalks or crosswalks.

Will Davis was “quite adventurous,” a big biker and walker who was interested in community permaculture, mushrooms, and music, says his mother. His family describes him with the phrase, “Where there’s a Will, there’s a way.”

Peaslee may be channeling her son in her efforts to prevent such accidents with safer crossings and attention to speeding and drinking. “I’d like his memory to live on as a safe crossing so that this doesn’t keep happening.”

She sighs. “It’s just so slow to get anything done.”

Categories
News

Bus-ted

Expanded walk zones. Double bus routes. Delayed student arrivals. The bus driver shortage in Albemarle and Charlottesville is creating challenges for schools, drivers, kids, and parents. 

“It’s an inconvenience,” says Teresa Green, a mother of two students at Charlottesville High School. Green and her family live in the Fry’s Spring neighborhood, and both her kids rode a bus to public school until the driver shortage changed that in the 2020-21 school year.

“My son did bike a couple of times to Buford, but I was always worried,” says Green, who has now arranged a carpool for her kids—a neighbor drives them in the morning and she or her husband do afternoon pickup. 

This summer, in response to the severe driver shortage, Charlottesville City Schools announced a plan to address the problem: expanded walk zones of varying distances, depending on student age, as well as “walking school buses,” in which students would be led by an adult on foot. 

But even though Green’s neighborhood is far beyond acceptable walking distance at 4.4 miles, including a long stretch on Fifth Street, only one of her children was offered a seat on a bus. She declined it.

“What if there’s a parent out there who doesn’t have a car or who doesn’t have access or whatever?” she says. “I don’t want to take somebody else’s seat because we don’t really have a way of knowing if there’s kids who have more needs than my kids.”

Charlottesville Schools Superintendent Royal Gurley says that’s an issue the administration considered.

“Some of our most vulnerable students can potentially be impacted by this, meaning that on inclement weather days, they can’t just jump in the car with mom and come to school because the car doesn’t exist,” he says, noting that community partners have offered rainy day transportation and assistance. 

Albemarle County is also dealing with a severe school bus driver shortage, and since much of the area is too rural for students to walk, spokesperson Phil Giaramita says many parents are driving and forming carpools to ease the burden.

“We began last year with about 8,000 students requesting bus service. And it turns out that about 5,000 students actually rode our buses,” he says. 

Both Gurley and Giaramita say the pandemic exacerbated the already developing shortage, and Albemarle school bus driver Earl Smith agrees. He estimates about 75 percent of the Albemarle drivers were retirees doing the job for the benefits.

“Suddenly you’ve got this pandemic starting and nobody knows if you’re going to live or die,” he says. “Why would they stay?” 

Smith, who took the job so he’d have time in the middle of the day to care for his ailing mother, is hoping that some of the school system’s recruitment efforts, including higher pay and immediate employment start times, will help fill the empty driver spots. Recruiting single parents, who can bring their kids on the bus, and other people who need a job that leaves their midday free also helps. 

“Making it look like a cooler job,” he says. “When you say to somebody, ‘Come drive a bus,’ they go, ‘Oh my God, I can’t keep up with them kids.’” He laughs. “It’s not that hard to put up with these kids, I swear.” 

Courteney Stuart is the host of “Charlottes­ville Right Now” on WINA. You can hear interviews about the school bus driver shortage at wina.com.  

Categories
News

In brief: Violent arrest under review, and more

PCOB director to review first case

In July, Charlottesville’s Police Civilian Oversight Board was scheduled to hold its long-awaited first hearing concerning the 2020 violent arrest of a man experiencing homelessness, but on the day of the hearing, complainant Jeff Fogel, a local attorney, and the Charlottesville Police Department agreed to an alternative dispute resolution after Fogel claimed that board members Jeffrey Fracher and Bellamy Brown were biased against him. Last week, there was another change in plans—PCOB Executive Director Hansel Aguilar will conduct a neutral evaluation of the case.

According to Aguilar in an email to C-VILLE, before Fogel and the CPD could meet with hearing examiner Cecil Creasey for the alternative dispute resolution, “[city attorney Lisa Robertson] expressed concern that: 1) Mr. Creasey’s contract with the Board only allowed him to serve as a hearing examiner and not an ADR facilitator and 2) while the ordinance and interim hearing procedures mention informal resolution, the City Council had not yet passed the operating procedures which specify the process for ADR resolutions.”

“In an attempt to preserve the spirit of the parties’ willingness to resolve this matter informally and to honor Mr. Fogel’s concerns [about] … ‘hostilities’ he has been subjected to by Board members, I proposed utilizing the neutral evaluation option,” added Aguilar. After Fogel and the CPD agreed to the neutral evaluation, the board adopted a resolution allowing Aguilar to review the complaint on August 18.

Fogel filed his complaint against the CPD in July 2020, after a Charlottesville police officer arrested 36-year-old Christopher Gonzalez, who had been lying down on the Downtown Mall. After Gonzalez admitted to drinking alcohol, and said he was homeless, the officer threatened to arrest him for public intoxication unless he left the mall, which Gonzalez refused to do. The officer tried to handcuff him, but he pulled away. The officer then pinned Gonzalez to the ground, and put him in a headlock for nearly a minute, according to a now-deleted Instagram video. Gonzalez was later charged with felony assault of a police officer, and was held without bail for almost three weeks at the local jail. Though Gonzalez’s charges were later dismissed, in September 2020 the CPD exonerated Fogel’s allegations of excessive force and concluded that the allegations of bias-based policing were unfounded.

Hansel Aguilar. Supplied photo.

After reviewing the CPD’s investigative files and meeting privately with the two parties, Aguilar will decide if the department “thoroughly, completely, accurately, objectively, and impartially” investigated Fogel’s claims that the unnamed officer assaulted, kicked, and used a chokehold on Gonzalez, as well as Fogel’s concern over the appropriateness of Gonzalez’s arrest and felony charge.

Fogel believes the case is an example of the unjust criminalization of people experiencing homelessness and poverty, particularly on the Downtown Mall. “The officer told him, ‘If you leave the mall, I won’t arrest you.’ … If we had the same rules for the mall as we have for the rest of the town, he wouldn’t have been arrested,” says Fogel. The attorney hopes Aguilar’s decision will clarify the CPD’s policy regarding intoxication on the Downtown Mall, as well as highlight the need for a downtown center where people can sober up—and not get arrested or jailed. Additionally, Fogel wants to prevent CPD officers from filing felony charges against residents “just because [the police are] angry.” 

Aguilar will issue his decision by September 28. The CPD will have 10 days to respond to the report, then Fogel will have 10 days to follow up. The report and responses will be posted on the PCOB website.

In brief

Pipeline deadline extended

Federal regulators have given the developers behind the Mountain Valley Pipeline four more years to complete the controversial 303-mile project, which would carry natural gas from West Virginia to southern Virginia. The pipeline, initially set to be completed in 2018, now must be finished by October 13, 2026. Since the Federal Energy Regulatory Commission approved the $6.6 billion project in 2017, activists concerned about the pipeline’s environmental impacts and legal violations have fought the project in court, causing construction delays. The developers hope to have the pipeline completed by next year, but must first secure three federal permits that have been repeatedly denied, according to The Roanoke Times.

MVP developers will have four more years to finish the controversial 303-mile natural gas pipeline. Photo: Mountain Valley Watch.

Up in the air

The State Corporation Commission is reconsidering forcing Dominion Energy to include a ratepayer protection in its plans to build a wind farm off the coast of Virginia Beach, after the utility company filed a petition last week claiming the protection would cause financial losses and force it to scrap the $9.8 billion project, reports the Associated Press. The commission’s August 5 order approving the 176-turbine wind farm—now temporarily suspended—contained a performance guarantee, which would prevent Dominion from charging customers for replacement energy “if the Project does not generate the amount of electricity upon which Dominion bases its request.” Anyone who objects to Dominion’s petition must file a response by September 13, then the utility company will have until September 22 to respond to arguments. If the farm moves forward, it is expected to be completed in 2026.