Archive of Blair Hawkins. Most links are outdated.

Charlottesville, Virginia
Thursday Feb 5 2004

The Future

Thurs Feb 5, 7:30pm City Council Chambers.   Candidates forum for Council Election.   (Ice pellets begin falling at 5pm.)

[Report: Meredith Richards only candidate to acknowledge that eminent domain issues come before Council sometimes and only one who explicitly promised to oppose its potential abuses.]

Sat Feb 7, 12:45pm Albemarle County office building, old Lane High School.   Democratic Convention to nominate 3 candidates for City Council.   4 candidates have announced: challengers Kendra Hamilton and David Brown, incumbents Meredith Richards and Kevin Lynch.

[Report: Hamilton, Brown, Lynch win the party's nomination.]

Mon Feb 9, 7pm, Charlottesville General District Court, 606 E. Market St.   Republican Convention to nominate candidates for City Council.   No candidates yet announced.

[Report: Ann Reinicke and Kenneth Jackson are nominated.]

Tues Feb 10, Virginia Presidential Primary.

Mon Apr 5, 5pm Last chance to register to vote in city on May 4.   Office of Registrar in City Hall Annex.

Tues May 4, City Council Election.

Tues Nov 2, Presidential Election.


The Past

Nov 4 2003   Election Results (unofficial for city of 20,000 registered voters)

  1. State Senator: Creigh Deeds (D) (2,242, 95%, unopposed)
  2. Delegate: Mitch Van Yahres (D) (2,343, 96%, unopposed)
  3. City Clerk: Paul Garrett (D) (2,325, 96%, unopposed)

Write-ins

  • Vanessa Hicks (D) (10 for Clerk) (offered herself as candidate for nomination for this seat)
  • Rob Schilling (R) (18 support votes spread across the 3 offices) (incumbent city councilor up for reelection 2006)
  • Blair Hawkins (R) (3 for Delegate) (failed to win party's nomination)
  • Robert Hodous (R) (5 across the 3 offices)
  • Stratton Salidis (I) (1 for Delegate) (ran for council in 2000 and 2002)
  • Nancy O'Brien (D) (1 for Senator) (was mayor 1976-78)
  • George W. Bush (R) (8 across the 3 offices) (incumbent president)
  • Lloyd Snook (D) (1 for Clerk) (city Democratic party chair)
  • George Loper (D) (1 for Delegate) (www.loper.org/~george)
  • None Of The Above (20 across 3 offices) ("NOTA", "NOBODY", "NONE", "ANYONE", "OTHER")
  • Other cameos: (1 or 2 votes) Kevin Cox, John Bright, Keith Drake, Joseph Bishop, David Toscano, Agnes Cross-White, Rob Bell, Ed Robb, and others.
  • Issues written in: PROLIFE (3), EMINENT DOMAIN (1), LEVY AVENUE (1), WEED (1)

Articles


"Words have power only if you feel their meaning."

"But a picture is worth a thousand words."

Aerial Photo of Vinegar Hill 1960 looking north showing business district

Looking east showing portion of Garrett and South First

Looking west immediately after clearance showing Jefferson School, Westhaven public housing, Page and Preston

Looking north 1970 Page, Westhaven, West Main

Institute for Advanced Technology in the Humanities

More photos at Alderman Library "Albert and Shirley Small Special Collections"

Photo Gallery 1.   South Rivanna the day after Hurricane Isabel, Paramount, Miller and Rhoads, National and People's Banks, Norcross, Levy Avenue, Ix building.

Photo Gallery 2.   Jefferson School, Blind Factory, Tastee Freeze, Water St. Train Station.

Albemarle County Historical Society offers some excellent walking tours Saturday mornings and much more. The society changed its name recently to Albemarle-Charlottesville Historical Society in exchange for reduction in rent of the McIntire Building and for discouraging "urban renewal" submissions. (The previous director was replaced shortly after she said the Society welcomes artifacts and recollections from the African-American community.)

Original Time Machine to Heal the Wounds of Urban Renewal

healcville@earthlink.net

In West Virginia courts: Judge to decide CURA’s eminent domain rights

Plans to build a new grocery store on the city’s East End will be delayed so a judge can decide if the Charleston Urban Renewal Authority has the right to take property for the store.

In a Wednesday morning hearing, Kanawha Circuit Judge Jennifer Bailey Walker was expected to grant CURA access to a lot in the 1300 block of Washington Street East.

Instead, Nick Barth and Bill Smith, two lawyers for the property’s owners, argued CURA does not have the right to buy the property. For CURA to use eminent domain, the property must be taken for a public use, Barth said Wednesday afternoon.

He does not believe a grocery store is a public use. Walker scheduled another hearing for Oct. 8. Before that, both sides will file briefs with the court, Smith said.

CURA wants to buy the lot to complete a piece of property large enough to build a fairly large grocery store for the East End.

Earlier this year, CURA had the property appraised, and offered owner Frank Fisher a check for $299,000. In April, Fisher refused the offer, saying the 19,000-square-foot lot is worth almost twice that amount.

So, CURA started eminent domain proceedings to take the lot in August. They wrote a check for $299,000, which is being held by the court for Fisher to accept.

Eminent domain power gives government the ability to force the sale of a piece property at its appraised value. For CURA to use eminent domain, the property must be in a designated urban renewal area, which it is, and City Council also must approve the use of eminent domain on the individual piece of property CURA wants to buy, said CURA Executive Director Pat Brown.

Urban renewal areas are established to prevent an area from becoming slum-ridden or blighted, Brown said. He said he was frustrated by the new hearing. CURA wanted to start advertising for grocery store developers, but can’t until they have been granted access to Fisher’s property, Brown said.

Brown said CURA would probably appeal to the state Supreme Court if it lost in Kanawha Circuit Court. He doubted CURA would pay more than the appraised value for the property.

“We’re talking about taxpayers’ money, and we have an independent opinion on what it’s worth,” Brown said. “We don’t want to spend more than it’s worth.”

Last fall, CURA bought a 44,000-square-foot Burger King lot, and had that building torn down and property cleared earlier this summer. The East End has been without a grocery store since 2001, when the Smith Street Kroger closed. City officials have discussed bringing a new grocery store to the neighborhood for several years.

Full story Sep 2 2004


National Taxpayers Union report: How systemic is eminent domain abuse?

"Since the 1970s, National Taxpayers Union (NTU) and other citizen groups have been slowly but surely rolling back and lifting taxes at many points of the system...

Taxpayer subsidized eminent domain abuse tends to follow a consistent pattern. First, a few taxpayers and property owners whose property is coveted by a powerful developer have their land forcibly taken from them by the government, usually with minimal or completely inadequate compensation. Then, a greater number of taxpayers, perhaps those in a city or county jurisdiction, are also forced to pay for massive subsidies to support the developer or whatever project the eminent domain abuse originally cleared the way for...

Most government officials see nothing wrong with stretching and abusing the Constitutionally outlined power of eminent domain..."

Full story Aug 26 2004


Michigan Supreme Court rules: Economic development is not eminent domain

The Court decisively rejected the notion that "a private entity's pursuit of profit was a 'public use' for constitutional takings purposes simply because one entity's profit maximization contributed to the health of the general economy."..."We overrule Poletown," the Court wrote, "in order to vindicate our constitution, protect the people's property rights..."

The Michigan Supreme Court also decided another important eminent domain case, although one that has received less attention. In Detroit Wayne County Stadium Authority v. Alibri, the Stadium Authority told Frida Alibri it would condemn her property if she didn't sell "voluntarily." It promised, among other things, that it would not be given to a private party. After the sale, it was indeed transferred to a private corporation. At that point, Alibri sought to get her property back, because the Stadium Authority didn't have the power to condemn for that purpose, and it had told her that the purpose was not transfer to a private party. The trial court agreed with Alibri; the appellate court, however, agreed with the Stadium Authority. The Michigan Supreme Court returned the property to its rightful owner-Mrs. Alibri.

Full story Aug 2 2004


Pushing the limits of 'public use'

But Riviera Beach [Florida] now wants to bulldoze the Cories' home and 2,200 others to make way for one of the nation's grandest redevelopment plans: a collection of high-rise condos, bigger homes and upscale shops. The city plans to use eminent domain — its power to confiscate private property for projects that benefit the public — to take the homes of 5,100 people if the residents do not agree to move.

Local governments are using eminent domain to acquire land for Wal-Mart, Target and other retailers that need big sites for stores. Land also is being taken for manufacturing plants, hotels, condominiums and parking lots.

Whether economic development justifies the use of eminent domain is at the heart of many disputes.

In a landmark case, Detroit cleared the ethnic Poletown neighborhood in 1981 for a General Motors luxury car plant. The city took 1,300 homes, 140 businesses, six churches and a hospital. The Michigan Supreme Court is considering whether to overturn the precedent in a current case that involves taking 1,300 acres near the Detroit airport for a business complex.

But Herman McCray, a restaurant owner and former city councilman [in Riviera Beach], says razing whole neighborhoods is too great a price to pay. "Things should be done in moderation," he says.

Full story Mar 31 2004 USA Today


Charlottesville defies court order

City officials provided Jim Moore with a cost breakdown for the CityLink computer system in response to his Freedom of Information Act request and a judge's order--but blacked out all the information he wanted.

Full story May 27 2004 "Secretsville D.O.A: City loses F.O.I.A. appeal"


Public school inherently bad

It is unfortunate that the Constitution did not prevent government schools, though they are nowhere authorized. In addition to ending government's racism, Brown should have ended government schools. The separation of school and state is as important as the separation of church and state. It's not too late.

Full story May 27 2004 "Brown needs more"


A time to remember

"I never knew what hatred was until I came to Charlottesville," said George Tramontin, superintendent of Charlottesville's public schools during the era of massive resistance...

"I never knew who to trust. There was so much phoniness," he said, referring to parents who feigned colorblindness one minute and burst out in racial hostility the next...

"Area Residents Discuss Painful Past for Better Future", May 13 2004, The Tribune, Charlottesville's 50-year-old African-American newspaper.


More local leaders from faraway lands

Thomas L. Frederick Jr., 47, will replace interim RWSA executive director Lonnie Wood, who was appointed after the previous permanent director Larry Tropea left in June, who replaced interim executive director Cole Hendrix, who replaced permanent director Author Petrini early in 2001. Wood will return to his post as director of finance for both authorities.

"A consultant for Arcadis G&M in Greensboro, N.C., Frederick manages various professional teams in engineering and utility management services. Before that, he served as director of water resources for three years in Asheville, N.C., where he managed a department of 106 employees providing water to more than 110,000 people.

David C. Hanks, interim executive director of water resources for the city of Asheville, said that Frederick did an excellent job as head of the department."

It appears that Frederick has taken this new job in Charlottesville after serving as permanent water director of Asheville, NC, for only 3 years and before a replacement was found.

Rivanna appoints executive director May 14 2004

"More than a year after starting its quest for a head jailer, the Albemarle-Charlottesville Regional Jail’s Board Authority announced Thursday that the search is over.

Ronald Matthews, who has served as deputy superintendent at the Western Tidewater Regional Jail in Suffolk, was named superintendent at the board’s May meeting. Matthews will replace Charlottesville Sheriff Cornelia D. Johnson, who has filled the post for the five months since Superintendent John R. Isom retired.

Matthews is scheduled to begin work June 1, and he comes to the jail at a challenging time. A tight budget has left the facility with the worst staffing shortage in at least nine years, according to officials, and inmate overpopulation persists. A recent attack on an inmate by another prisoner highlighted the overcrowding problems that have plagued the jail, which serves Albemarle and Nelson counties as well as Charlottesville.

Jail names new superintendent May 14 2004

The Charlottesville City School Board is pleased to announce the hiring of Dr. Scottie J. Griffin of New Orleans, Louisiana for the position of Superintendent of the Charlottesville City Schools. Dr. Griffin, currently an Area Superintendent in the New Orleans Public School District, will succeed Ron Hutchinson, who will retire on June 30, 2004 [after 2 years as interim superintendent].

Full story


Staples to open on Vinegar Hill

The new store will be between the Omni Charlottesville Hotel and Jefferson School, in what used to be the IGA grocery store. Staples leased the building this week.

Full story May 12 2004


More closed government

Critics are saying Charlottesville is spending way more than a city this size needs to for its new $6.6 million computer system-- and that the actual cost will be closer to $17 million over 10 years...

"There's something terribly wrong here when a citizen can't ask its government what it's spending money on," [Jim Moore] says.

He's challenging the city's denial of his FOIA request in General District Court. State law requires such petitions to be heard in seven days. Moore and City Attorney Craig Brown will appear in court May 14 [Friday].

Full story May 13 2004


More election fallout

McGuffy Art Association drafted a letter, and mailed it to about 300 people on their list--people whom they considered friends of McGuffey. They did not anticipate the reaction the letter brought.

"April 27, 2004
Dear friends of McGuffey Art Center:

As we approach our thirtieth anniversary, we would like to enumerate the benefits that result from McGuffey's presence in the community. Founded in 1975, the McGuffey Art Center grew from the efforts of Charlottesville citizens and a collective of artists who transformed the dilapidated elementary school building into what has become an important Charlottesville landmark...."

...After...the "firestorm of opposition" from Democrats and subsequent discussion, the council came to view the letter as having been a poor idea.

It was decided to quickly send a postcard of clarification to the same mailing list as the letter.

"Dear Friends of the McGuffey Arts Center,

Since our April 27th letter went out defining the issues facing the McGuffey Arts Center, it has been brought to our attention just how close and critical this City election may be. While we stand by our statement, we want there to be no question that we acknowledge and appreciate City Council's longstanding support for the arts in Charlottesville. The letter was in no way intended to be a partisan position.

The Executive Council of the McGuffey Arts Center and The McGuffey Arts Association"

Photo of McGuffy Elementary school, which opened 1916 and schooled 3 generations before it was discontinued as a school in the early 1970s.

Full story May 10 2004


Civic study of representation in Charlottesville: task force needs members

This study is the most important one we may ever see, a once in a life-time civic pursuit of knowledge.

Full story May 9 2004


Election Results

A majority of voters in each of the eight precincts have decided to stick with what works. The top vote-getter won with 17% of possible votes and 65% of those who voted. The 3 Democrats won every precinct. (includes map of precincts, breakdown of votes by precinct)

Dems keep Charlottesville: Stay the course, don't look back May 5 2004


Election Day May 4 2004

Eminent domain issue in Council race for #1 City in USA: Get out the vote! May 3 2004

Former urban renewal / water board chairman endorses Democrats for Council Apr 30 2004

Candidate Reinicke (R) to address Charlottesville Police Association

Write-in Meredith Richards campaign is real: Ex-mayors endorse party line-up Apr 29 2004

Independent endorsed by Police group: Opposes urban renewal Apr 25 2004


Legislation Could Make Eminent Domain Easier

Scott Huss moved into his Charlotte County [Florida] home 15 months ago and he may have to move out soon. "I'm not packing," he says. "I'm just waiting." The county plans to redevelop 1100 acres in his neighborhood and make room for a shopping center. The county wants to buy out 85 homeowners, but many are fighting. "At this point they're trying to force people out of their home that don't want to go," he says.

The county claims the land is deteriorated, which means they can use eminent domain to buy the property. Under proposed legislation city and county governments could more easily seize property like Huss'. Residents in Charlotte County are experiencing eminent domain first hand and fear giving government more power means homeowners have even less control over what happens.

House 1513: Relating to Consolidation & Recordation of Lands
Senate 2548: Relating to Land Development

Full story Apr 27 2004

This story aired on the Neil Boortz show 10am to 1pm Mon/Tues Apr 26/27 on WINA AM-1070 in Charlottesville.


NAACP Hosts City Council Candidate Forum

NAACP forum: Democrats poised to lose power on May 4 2004 Apr 28 2004 (all 13 questions)

Candidates articulate strengths: City weaknesses, education, economy addressed at NAACP forum Apr 26 2004

The NAACP will host a forum for all prospective City Council Candidates on Monday, April 26th, from 6 p.m. to 8 p.m. in the City Council Chambers.   Each candidate will be asked four initial predetermined questions, after which the forum will be open to questions from the audience.   The focus of the forum will be the "State of the African American Community."

National Association for the Adancement of Colored People


League of Women Voters Hosts City Council Candidate Forum

Daily Progress continues black-out of urban renewal debate: One candidate aware of the issue Apr 22 2004

The League of Women Voters of Charlottesville-Albemarle will host a forum for all prospective City Council candidates on Wednesday, April 21st, from 7:00 p.m. to 9:00 p.m. in the City Council Chambers, 605 E. Main Street.   Each candidate – there are currently six – will have two minutes to make an opening statement.   These statements will be followed by a question from the moderator, then questions from the floor.   This event will be filmed and broadcast on public access television daily during the following week.

All members of the public are welcome and encouraged to attend.   For more information, call or email the League office at 434-970-1707 or lwv@avenue.org.

Charlottesville League of Women Voters


Kilgore: Majority suffices for land sell

Attorney General Jerry W. Kilgore has issued an opinion telling Charlottesville officials that a supermajority of four members of City Council is not required for the city to sell 9.2 acres of McIntire Park to the state to build the Meadowcreek Parkway.

Kilgore’s opinion, which was requested by City Attorney S. Craig Brown, said transfer of the parkland for construction of the parkway would take only three votes of the five-member council.

In January, when Brown requested the attorney general’s opinion at the urging of three pro-parkway council members, the city attorney’s opinion was that three votes would be needed to give the state an easement to use parkland for the road and four votes would be required for a sale.

As for Kilgore’s opinion, “I thought the opinion was very interesting and I think it’s right on target,” [John J. “Butch” Davies III, the Culpeper District representative on the Commonwealth Transportation Board] said. “He said the supermajority applied for private use and not for public use.”

Editor's note: The council did not "urge" the city attorney. The council voted 3-2 on Jan 5 2004 to instruct the attorney to request the opinion.

Full story Apr 23 2004


Republicans give press conference the day before League of Women Voters' candidates forum

He said as a former teacher, he has never seen such "fear of the truth" reflected in a culture and its institutions.

Full story and 1 image Apr 21 2004


Another piece of the puzzle

1960 Aerial Photo by Charlottesville Housing Authority
A - Midway House built 1828, public school 1893
B - South Street
C - Standard Produce opened 1910
D - Lawn mower repair, 1820s-1952 Alexander Garrett's house
E - Garrett Street, Ivy Industries since 1979
F - South First Street, H.M Gleason's


A long and winding road: City residents recall integration battle

Francis Fife was very eager to see who would show up at a White Citizens Council meeting, and nearly went to one. "But my better judgment said, 'No, your picture will be taken there with all these people against integration,'" he chuckles.

He credits Charlottesville Mayor Tom Michie, who later became a judge, for keeping things calm in Charlottesville.

"I was extremely proud of the mayor," says Francis Fife. "He went on the air and was asked if there would be trouble. He said, 'No, the people of Charlottesville will obey the law.'"

"He was the first elected official in the South to publicly state we were going to obey the law," says Michie's son, Tom Michie Jr. "His statement was, 'We've got an able police force, and we're going to enforce the law.'"

Editor's Note: Thomas Michie Sr. was the chief advocate for Vinegar Hill urban renewal. Francis Fife supported the project at the time but apologized a few years ago saying it was a mistake. While on Council in the '70s and to this day, Mr. Fife supports urban renewal of South Downtown, including clearance of Garrett Street in 1972 and Ware Street in 1977. Also, as "separate but equal" was unconstitutional despite the 1896 Supreme Court ruling, so urban renewal remains unconstitutional despite the 1954 Berman v. Parker case that said forced land transfers are legal.

Full story Apr 8 2004


Public Housing in Charlottesville: The Black Experience in a Small Southern City

On March 11, 1960, the city council received an application by the CRHA under amendment 14A: Title 36 VA Code 1950.1 (This section, referred to as the McCue amendment, required a referendum vote on public housing projects; it was overturned in 1971.) The application called for the redevelopment of the Vinegar Hill area and the construction of public housing on Ridge Street and Hartman's Mill Road. The purpose of the project was to clear a substandard area for several reasons—to facilitate the expansion of the downtown business district, to improve traffic flow, and to provide housing for many of the families who would be displaced as a result of the redevelopment.

Although the redevelopment of Vinegar Hill was viewed by many as beneficial to the city, the proposed Ridge Street and Hartman's Mill Road locations for public housing met with strenuous opposition. Three other sites were then considered, with- the Westhaven site ultimately being selected. In March of 1963, CRHA received authorization from the U.S. Department of Housing and Urban Development to award a contract for the first public housing development in the city of Charlottesville. The 126 units in Westhaven were completed in 1964.

Full story May 1988


3-1 Council vote charters commission on ward-mayor system: Overshadowed by integrity of documents

The task force was approved with councilors Maurice Cox, Meredith Richards, and Rob Schilling for; Blake Caravati against; Kevin Lynch abstaining.

Full story Apr 6 2004


Charleston, W.Va., to Use Eminent Domain to Buy Land for Grocery Store

Charleston urban renewal commissioners on Monday voted to forcibly buy East End property needed for a grocery store from a landowner who has said the commissioners "should be ashamed" of their offer.

City officials could begin luring potential storeowners next month, assuming a Kanawha Circuit judge approves the use of eminent-domain rights on a 19,000-square-foot patch of land on Washington Street East's 1300 block.

A judge's approval is a fairly routine step in the process, said Pat Brown, executive director of the Charleston Urban Renewal Authority.

"The only unresolved question is value," Brown said.

Full story Apr 13 2004 (website requires registration)


Testing the limits of eminent domain

The 30 or so holdout homeowners [in Long Branch, NJ] have planted signs saying "NOT for Sale" in their sandy yards, and they have filled the windows of their pastel bungalows with posters declaring "Eminent Domain Abuse." They have signed petitions, shouted at public meetings and written vitriolic letters to the local newspaper questioning the mayor's and the City Council's motives.

"What makes this one particularly outrageous is that the city is deciding they don't want these residents in this area," Bullock said. "That takes it to a new level of outrage."

Full story Apr 10 2004 (website requires registration)


Public Hearing on Charlottesville City Budget

4-1 Council approves $100.4M budget Apr 14 2004

The Charlottesville City Council will hold a public hearing on the city budget on Monday, April 5, at 7:30 p.m. in the City Hall Council Chambers. After the April 5 hearing, the final adoption of the City Council budget is set for April 13. Full story


Lawsuit dismissal advised: Car wash operator will appeal opinion

A federal judge has recommended the dismissal of a lawsuit filed last year by a Charlottesville car wash operator against the city over water restrictions imposed at the height of the 2002 drought.

U.S. magistrate Judge B. Waugh Crigler rejected claims by Henry Weinschenk, general partner of Express Car Wash, that the restrictions prohibiting all motor-vehicle washing constituted an “unlawful taking of property.” He recommended that the presiding federal judge, who will ultimately decide the case, grant the city’s motion for dismissal.

Full story Apr 6 2004


Capshaw-ville II: DMB boss buys SNL building

The broker for the deal was Bob Kahn, who listed the building late last fall for $3.75 million. The sales price is $2.9 million, according to Reid Nagle, SNL's chairman and founder.

According to city records, SNL bought the building in 1998 for $1.8 million and performed extensive renovations. The current city assessment is $4.3 million.

Built in 1955 as a branch of Miller & Rhoads, a Richmond-based department store chain, the structure originally featured [an elevator].

"The terrace was built as the Miller & Rhoads Tearoom, which many old-timers remember fondly," says Nagle.

As for Capshaw, his real estate dealings have generated beaucoup headlines recently. His name has been linked to a proposed downtown hotel envisioned by noted developer Lee Danielson, and his 225 Walker Square apartments are quickly rising by the Amtrak station in Fifeville. And after donating its use for the upcoming SPCA Rummage Sale, Capshaw plans to renovate the former Ivy Industries building as the new downtown Atlantic Coast Athletic Club.

One building Capshaw didn't purchase but renovated anyway is the former home of Mt. Zion Baptist Church. A massive Dave Matthews Band concert last fall in New York's Central Park helped raise $800,000 for creating the new home of the nonprofit Music Resource Center for local teens.

Full story April 1 2004 Photo


Charlottesville voters approve "Commission" form of government in 1920

Exactly how the previous bicameral city legislature functioned is still a mystery. Switching from wards to atlarge seems to have been a byproduct of the simplification process.

Full story Apr 1 2004


Wrecking Property Rights: How cities use eminent domain to seize property for private developers

In the current climate, many of the traditional constraints on public takings of private property seem to have disappeared. Most redevelopment laws, including Arizona’s, explicitly acknowledge that land can be taken even if the beneficiaries will be other private parties. This principle is even articulated in federal law, through the 1954 Supreme Court decision Berman v. Parker, which allowed local governments to condemn land for urban renewal and then transfer title to private parties. Even then, local governments didn’t have carte blanche; they had to justify the taking as a way to mitigate "urban blight." But over the years that term has become little more than a name for property a government wants to take. Today redevelopment agencies enjoy more discretion than ever, and eminent domain is becoming their tool of choice

Full story Feb 2003


City Council blocks affordable apartments

What I saw at the March 23rd, 2004 Santa Cruz City Council meeting made me feel ashamed to live here. Council rejected 46 affordable apartments slated for an empty lot at High and Cardiff. Developer Maynard Manson intended to build studios for workers, students and people with disabilities. Instead, Council gave in to privileged homeowners who live nearby. This article focuses on homeowner prejudice and city council equivocation.

Full story Mar 30 2004


Housing Authority archives out on loan for preservation

She said she didn't know where the archives were, but they're not here.

Full story Mar 30 2004


Speakers remember massive resistance in Prince Edward County, Virginia

They were protesting not for integration, but for updated school facilities.

Full story and 1 image Mar 26 2004


Fire and Rescue conduct exercise at Frank Ix building

Scenario: hazardous material...possible hostage situation.

Full story and 1 image Mar 26 2004


Kansas Senate rejects bill to restrict eminent domain

The Kansas Senate on Wednesday rejected efforts to restrict the ability of governments to take property and turn it over for private development.

Heeding the complaints of cities, counties and chambers of commerce, the Senate voted down a bill that would have barred using eminent domain to take private property for economic development. The vote was 22-15.

Supporters of the measure said it was intended to protect property owners from businesses that team with governments to acquire property and make a profit.

A 2003 report by the Institute of Justice placed Kansas third in the nation in the number of properties taken for private development from 1998 to 2002. At 155, Kansas trailed only Pennsylvania and California.

Full story Mar 25 2004 (website requires registration)


Indianapolis Parking Garage Owner Loses Eminent Domain Suit

City officials insist Downtown housing is critical to the future and the project represents a key opportunity. Attorney Jennifer Weflen, who has handled the case for the Department of Metropolitan Development, said planners are simply trying to help a blighted area.

"It's one thing if your ground is needed for a road," the owner said. "It's another thing if your garage is being taken and it may remain a garage for someone else."

Full story Mar 23 2004


Eminent Domain -- Coming To A Neighborhood Near You?

The biggest project for the CCDC has been Petco Park and surrounding development in the East Village, now being called the "Ballpark District." The CCDC condemned 26 square blocks for the project.

"Now that downtown is a destination point, I want to be part of it," said Ahmed Mesdaq, a Gaslamp quarter cigar lounge owner. " I don't want to be chased out. But I'm constantly, constantly harassed by developers to sell my property. And I do not like to sell my property. I want to benefit from this economic boom."

Full story Mar 23 2004


Public talks about ward system but not sure it's the fix

The nagging question of the discussion is this: what happened in 1922? Why did the city switch from a ward to an at-large system of representation?

Full story and 2 images Mar 23 2004


Public has look at Council candidates: Affordable housing theme

If this forum is an indication of the campaign to come, affordable housing and development will be hot topics as they have been in every city election for 50 years and counting.

Full story and 1 image Mar 19 2004


Is Charlottesville the next Staunton?

How to bring Free Enterprise back:

  1. Stop abusing eminent domain.
  2. Tally the number of cases.
  3. Compensate the victims.
  4. Establish penalties for the abuse.
  5. Change the city charter.
Full story posted Mar 15 2004

High Winds Knock Down Forest Lakes Building

Two walls of a 2-story big box retail space being constructed at the Forest Lakes shopping center collapsed Sunday evening under high winds from thunderstorms triggered by the cold front that ushered in this week's cold spell.

Full story and 6 pics   Mar 11 2004


SPCA Rummage Sale to be in former South Downtown Neighborhood

As you rummage through the junk this year, take a minute to reflect on the history surrounding you. You\'ll be shopping where people lived for more than a century. In the 1960s, these houses on Diggs Street (Monticello Ave.), Parrott St. (Gleason St.), and Garrett had become shacks and were often cited as a reason for urban renewal of south downtown. But have these projects really benefitted us? Look around when you go to the sale and see how revitalized South Downtown is more than 30 years later.I\'m not advocating a boycott of the sale, but we need to deal with these issues sooner or later...

Full story   Mar 8 2004


Racism, Money, and Development In Charlottesville

Do the wealthy people of Charlottesville have a greater right to safety and comfort than less-wealthy neighbors?   Does race determine who is displaced or put at personal risk by new development?   New developments promise to repeat old patterns in our community.

Full story   Mar 5 2004


Is Buck Mountain Reservoir eminent domain abuse?

At the city council meeting Feb. 17, The Rivanna Water and Sewer Authority said that the Buck Mountain Reservoir might not be built for a hundred years, but the agency was keeping the land purchased in 1983 as an "insurance policy" for future water demands.   The proposed reservoir is near Free Union west of Charlottesville on the Buck Mountain Creek, a tributary of the South Rivanna river. (History of Rivanna)   The water athority was created in 1972 to consolidate city-county municipal water services.

Mike Gaffney, chairman of the RWSA board, presented the status report and said the agency welcomes input from the public as to possible public uses until the reservoir is eventually constructed.   The idea of a hiking/biking natural area was mentioned.   Acting executive director Lonny Wood also spoke at the meeting.

After 19 years, the reservoir still has not been approved.   There is no funding for the new reservoir.     The previous owners of Buck Mountain may want to bring a class action lawsuit to have the land returned to them and to be compensated with 19 years of rent.   In a 100 years when the reservoir is constructed, the government can have the land back.   Recent water hikes were said to be earmarked for dredging of existing reservoirs and raising the height of the South Rivanna dam by 4 feet.   None of the increase goes into a Buck Mountain Reservoir fund.   The land for the reservoir is now publicly owned and no longer a source of real estate tax revenue.

"Special Meeting Notice:
Two special meetings of the Board of Directors of each of the Rivanna Water & Sewer Authority and the Rivanna Solid Waste Authority have been called by the Chairman of each Authority for the purpose of holding joint closed sessions to consider personnel matters related to the selection of an Executive Director.   The meetings will be held on March 4 and 10, 2004 at 1:00 p.m. at the Omni Hotel, Charlottesville, VA."   rivanna.org   RWSA is also seeking a Watershed Manager and Civil Engineer.

(The Omni Hotel at west end of Downtown Mall is itself an abuse of eminent domain.   Built in the early 1980s and subsidized by the city, the hotel was the first structure built on Vinegar Hill, a black neighborhood and business district cleared in the early '60s urban renewal, the best known case of eminent domain abuse in Charlottesville.   Aerial Photo of Vinegar Hill 1960)

- Blair Hawkins, Feb 27 2004

Published to Cville Indy Media Newswire.


DOUBLETHINK!
Superlatives 2003

Wettest at 75 inches crushing the old record of 72 inches in 1937.   Precipitation was above normal every month of the year.   Sleet storm February 16-18, Hurricane Isabel September 18, and 3 snows in December.   In early July, heavy rains from remnants of Tropical Storm Bill threatened the Mill Creek dam on Route 20 south of I-64.   In contrast, the previous drought was the third driest ("Drought Perspective").

Most Important Troubled Agency is probably the Rivanna Water and Sewer Authority, which now has its fourth executive director in 2 years.   Arthur Petrini, Cole Hendrix, Larry Tropea and Lonny E. Wood, Director of Finance/Administration and acting CEO of RWSA, RSWA. www.rivanna.org   In four years, there's been 2 temporary and 2 permanent CEOs.   Maybe we don't need an executive director. The operations director since the 70s, Eugene Potter, has retired and was replaced by Robert C. Wichser, P.E., DEE, REM, Director of Water & Wastewater Operations.

In the last four years, the agency's direction has shifted away from either-or, either a new reservoir or dredging of existing reservoirs, but not both.   The agency and its advisory board now seem to know that dredging is routine maintenance of infrastructure and required whether there is a new reservoir or not.   Water rates have increased to fund these capital improvements.   The new policy is to dredge when there's an opportunity such as low water. Most of the sedimentation is upstream from the dam and accessible with conventional means such as a bulldozer.   No opportunistic dredging has yet occurred.   (In 1885, the town was connected to municipal water and real estate taxes rose from 60 cents to 90 cents per $100 of assessed value to pay for the civic improvement.)

Most Reticent Water Official is a tie between Cole Hendrix, recent interim executive drirector of the RWSA and city manager in the 70s, and Rich Collins, RWSA advisory board chair recently and chairman of the board for the city's Redevelopment and Housing Authority in the '70s.   These men represent old policies.   They both failed to give the public any perspestive or precedent for last year's mandatory water conservation.   As officials, they both implemented conservation plans in the drought of 1977.   They allowed Tropea to make false claims repeatedly that it was the worst drought in history.

Biggest New Old Scandal of History is the Downtown Mall, approved in 1974 with 2 votes in the 5 member city council, 3 abstaining because of conflicts of interest on East Main Street.   The attorney general at the time, Andrew Miller, advised that it was legal.   First black mayor of Charlottesville, Charles Barbour, and councilman Mitch Van Yahres were a majority of those voting and there was a quorum.   Cole Hendrix was city manager. WINA reports this story December 16, the day following a contentious city council meeting whether to ask Attorney General Jerry Kilgore if he thinks a 3-2 vote to convey an easement to VDOT for the Meadowcreek Parkway is legal under a state constitution provision that selling of park land requires at least 4 of the 5 votes.   On Jan 5 2004 the Council voted 3-2 to instruct the city attorney to request the opinion.

Biggest Longest-Running Modern Scandal of History goes to urban renewal aka eminent domain abuse.   The nation catches up with Charlottesville.   A study is published documenting over 10,000 such cases 1998-2002.   "60 Minutes" has the story on September 28.   Conservative radio shows tackle the topic.   Jefferson Area Libertarians take on eminent domain October 5 but make no connection to Charlottesville.   Public allegations about 10th Street and Prospect Avenue.   Housing Authority director resigns.   Mayor joins Belmont Neighborhood Association to drum up support to develop Levy Avenue which is still open space since its clearance in 1972.   Plans by developer Bill Dittmar to build condos on the 300 block of what was once 4th and 5th Streets SE.   Activist Blair Hawkins (that's me) gave a speech on eminent domain in city council chambers to a capacity crowd in June 2000 and tried to ride the issue this year all the way to the House of Delegates.

Most Ironic Revelation by an Elected Official is awarded to Mitch Van Yahres for his campaign ad the week before election.   He states that he has always done what is "right and just" without saying what he has done.   So it's hard to know what he is referring to.   He must have done something wrong at some point in his career.   Most likely he was reassuring his base that urban renewal was and is "right and just" and that the more than 2,000 who voted for him, even though he was unopposed, can expect continued benefit from the status quo abuse of eminent domain.   Van Yahres was mayor when the city condemned fifty-some acres of developed land in the Garrett area, which was a 100-year-old predominantly black and blue collar neighborhood with business and industry.

Lamest Logic Award goes to city councilor Kevin Lynch for disrespecting the state attorney general Jerry Kilgore in council discussion Dec. 15 on the possibility of an AG opinion on the Meadowcreek Parway land transfer.   How does an opinion on contraception relate to an opinion on a land transfer?   Also, back on Feb. 3, he opposed the war in Iraq because the USA had supplied Saddam Hussein with weapons.   If a dealer sells a customer a gun for self-defense and the customer shoots someone, is the dealer the guilty party?   Incumbent Lynch has announced he is seeking his second term on council this spring.

Most Public Embarrassment for Charlottesville goes to former mayor Kay Slaughter.   Governor Mark Warner appointed her to the state water control board but the Republican controlled state senate did not confirm.   The senate then reversed itself and Slaughter promised no conflicts of interest.   Less than a year later, she resigns after getting caught commiting conflict of interest, private consultation with entities that lobby the board.

Most Improved Party Official goes to city Republican committee chairman Robert Hodous for articulating the party's philosophy in the form of letters and articles to newspapers and speeches at city council meetings.   In particular, the Nov. 26 article in The Observer where he identifies a method by which a political machine sustains itself.   The goal of a bureaucracy is growth and increased funding regardless of its stated mission.   Those who benefit from an agency will vote for it even if the service is harmful to the community.   More generally, those who benefit from status quo don't want change.

Biggest Lie of our Time:   "The Meadowcreek Parkway distracts city Democrats from focusing on our commitment to social and racial justice, educational excellence, participatory democracy and economic prosperity for all" ("Meadowcreek Parkway: Caravati and Richards Letter to Friends of the Democratic Party",December 20, 2003).   Every political machine has a big lie.   And that lie has to be so big that any discussion of it would expose it as a falsehood.   So supporters of the machine either believe the big lie in the face of overwhelming contrary evidence or they must have some other unstated motivation.   The greater the cynicism, the more absurd the lie, the more blatant the oppression.   That's the message I got from George Orwell's novel 1984 written in 1948.

Best Case for Free Speech Wall:   A UVA Hospital worker comes under public criticism for using the N-word in a discussion of the word's meaning.   Because it is prohibited from utterance in both written and spoken form, the N-word must represent a powerful truth or a powerful lie.   Thought crime legislation adds a stiffer penalty if you are found guilty of expressing this or other select words in the commission of a legitimate crime.

Gloomiest Prediction:   Expect massive resistance to the downsizing of government.   The genius of former governor Jim Gilmore was that if you can't cut spending then taxes, you can do it in reverse.   Cut taxes now to force spending cuts later.   In addition to cutting services, hopefully we can reduce the number of laws so we'll need fewer funds to enforce them.   The lesson of DMV was not closing one day a week or reducing hours by 20%.   That's a good idea, but they should have reduced the regulations so you would need to go there 20% less often.

Brightest Prediction:   President George W. Bush is reelected in 2004 on the basis of tax cuts and national defense.   Mr. President, if you're reading this, I invite you to my hometown to give a campaign speech, a report on how you have upheld the oath of office in your first term.   Tell us how you have promoted freedom, equality, and prosperity for America.   Let me know if you're coming so I can try to reserve the auditorium of Jefferson School for the historic event.

- Blair Hawkins, Feb 4 2004.


Directly Elected Mayor-Attorney-Ward System for Charlottesville

People have been talking about changing the government since before there was a government.   When discontent is high, the talk is loud.   The debate fades to a whisper when happy days return.   Sometimes there's talk of changing political boundaries.

Albemarle County was created in 1744.   Back in those days, you could buy land from the British Crown or get huge land grants if you were rich.   The government promoted development and sprawl and subdivided counties as populations grew.   In 1744, nine men owned more than ninety percent of Albemarle.   These land barons were not as favored in the subdivisons of 1761 which made Albemarle smaller.

Out of the kindness of his heart, one of the wealthy landowners, Colonel Richard Randolph, donated 50 acres to become the town of Charlottesville on December 23, 1762, the new county seat replacing Scottsville, and named after Charlotte Sophia of Mecklenberg-Strelitz, young wife of King George III.   After the revolution, the county's boundaries remained fixed and the town-county government was one and the same.

Until 1888, that is, after a mass meeting to petition the General Assembly.   That's when the town of Charlottesville incorporated as a city, the county lost territory, and a city government was created.   The new city's acreage was more than 15 times larger than the original town.   The city started out with an elected mayor, ten councilmen, and various appointed officals.

By the 1950s, the city had adopted a city manager-4 ward-5 member council system.   This change was likely prompted by perceptions that the mayor had too much power and there were too many unfilled council seats.   The 1963 annexation transferred four and a half square miles of newly developed land from Albemarle to Charlottesville.   The four wards were subdivided into eight precincts.   Today, the city appoints members of the school board by ward.

(Albemarle: Jefferson's County, 1727-1976, John Hammond Moore, 1976)

Any change to the city charter would still require approval of the General Assembly and possibly a direct referendum.   Wards and referendums are touchy subjects in Charlottesville because of urban renewal and annexation.   Why do we have precincts and not wards?   Annexation.   A referendum is fine as long you realize that people cannot vote for unconstitutional initiatives.  

If you combine a referendum with a ward system, the election demographics can show a divided city.   The seven housing referendums in the 1960s showed that the affluent northside of town wanted public housing in the southside.   The southside was in greater opposition.   Any referendum would show a division.   If we had a referendum on the Meadowcreek Parkway, the southside would vote for the road on the north side of town.   Of course, the parkway affects public land and public use, unlike urban renewal and annexations.

No system will function properly if elected officials and appointees disregard the law.   When elections fail to bring about progressive change, we can change the process and hope for the best.   Whatever the system, it should be no more complicated than the game of chess.   A fifth-grader should be able to fully grasp the process.   And the process should have brief rituals that explain the system as it is exercised.

MAYOR
Elected for 2 year term citywide
Would be the city manager
Would have a narrowly defined veto, a double negative vote.

COUNCIL
4 councilors elected by ward to 4 year term
2 wards up for election every 2 years

CITY ATTORNEY
Elected for 6 year term city wide

In my system, only elected officials would sit at the table of city council in council chambers.   This fixes the problem that some people think city council has 7 members.   Well, that's how it looks.

A vote would have a defined ritual.

(1) A councilor or mayor makes a motion to take a vote.
(2) A second councilor or mayor seconds the motion.
(3) The mayor always votes last and is the tie breaker, symbol of unity
(4) Mayor states: "Please vote on measure #whatever."   The mayor must state the name of the ordinance.
(5) Mayor states: "The council has voted X-X in favor/against the measure."
(6) Mayor states his vote.   Possibilities: yes, no, double no.
(7) Mayor states: "The final vote is X-X.   The bill is passed / is rejected."
(8) Mayor strikes the gavel and moves to next issue.

Stating the outcome of a vote lets those who cannot see or who are listening on the radio to know the result of an electronic vote.

The mayor's simple no vote means he opposes the bill for whatever reason.   His double no vote must follow this particular ritual.   For example:

"Please vote on ordinance #418723.   The council has voted 3-1 in favor.   The mayor votes double no BECAUSE I SINCERELY BELIEVE THIS BILL WILL CONTRADICT (state specific constitutional provision or statute).   The final vote is 3-3.   IS THERE A PROTEST?   So noted.   The bill is rejected.   (Strike the gavel!)"

If the mayor thinks the bill is a bad idea, he has a simple no vote.   Four yes votes, or 3 if there is an abstention, can override the mayor's veto.   Any final vote that is a tie means the bill is rejected.

In the final analysis, the system is less important than the people who serve within the system.   No political process will function well if the leaders act on hidden agendas or the people don't participate.   This mayor-attorney-ward system has elements similar to the state and federal systems except the council is one house.   The CEO of a city, mayor or city manager, is arguably the most powerful official of a local government.   He or she should be elected with frequent opportunities for recall.

- Blair Hawkins, Feb 4 2004


To Top of Page     HealingCharlottesville@yahoo.com

Downtown Mall, 2d St W looking east Downtown Mall, 2d St W looking west Jefferson Theater Boxer Learning, old Central Fidelity Bank, soon to be a 9-story hotel Paramount Theater since 1931 Paramount Theater Paramount Theater, former Stacy's Music on the corner Regal Cinema, former Leggett's and Sears Former Woolworth's Department Store and Lunch Counter McGuffy Elementary School 1916, Market and 2d St W Fellini's Restaurant, Market and 2d St W Lee Park