The topic itself—whether a vehicular Mall crossing is consistent with the city’s comprehensive plan—has traditionally inspired more than its fair share of conflict. But the question of who should—or rather, shouldn’t—discuss and vote on the topic proved to be much more heated at the December 11 city Planning Commission meeting. As soon as Jim Tolbert, director of Neighborhood Development Services, had finished his report, Commissioner Cheri Lewis raised a question of privilege.
"There are three members of this commission that have publicly expressed their personal opinions that they oppose the vehicular crossing," said Lewis, referring to Bill Lucy, Jason Pearson and Michael Farruggio. "They’ve actually criticized Council’s decision on this matter. …I question whether the three people who have publicly, very publicly expressed, in FOIA-able e-mails and public communications—when they’ve expressed their partiality, whether they can sit here and listen to this. And I’d really ask that they recuse themselves at this point."
 City Planning Commissioner Bill Lucy was asked to recuse himself from discussing the Mall crossing by fellow Planning Commissioner Cheri Lewis because she thought he had advocated inappropriately against the crossing. |
But Lucy, Pearson and Farruggio opted not to recuse themselves. "I do believe that Ms. Lewis is misinterpreting the communications that occurred as criticism of Council and an expression of opinion of matters coming before this body," said Pearson.
"As to whether Council can ever make a mistake, that seems unlikely," said Lucy, drawing a big laugh from City Council that cut down the tension in the room.
"I’m concerned about discussions that go on in e-mail form that are not publicly called hearings," said a more conciliatory Lewis. "I would just ask my fellow commissioners, and these three people that I deeply respect, I would just ask that we do not conduct business by e-mail."
Pearson agreed with that "whole-heartedly," and, oddly enough, Pearson—who doesn’t own a car himself—was among the four of seven commissioners to vote for the permanent Mall crossing. Farruggio, Lucy and Hosea Mitchell all voted against it. Though the Commission was scheduled to decide whether the crossing should be on Fourth or Fifth Street, it punted the matter to a work session. The city has budgeted $950,000 for a permanent crossing that will take the place of the temporary crossing on Fourth Street, which the city opened in May 2006.
Perhaps only in Charlottesville could a vehicular Mall crossing become one of the city’s most hotly contested issues. On one side are pedestrian advocates and north Downtown residents like Peter Kleeman and Colette Hall, who argue that a crossing endangers walkers, values vehicles over perambulators and prolongs the tyranny of the gas-guzzling car. On the other side are Downtown business owners who think a crossing gets more people into their shops, as well as people like Virginia Amiss, an elderly woman who just wants to get to Timberlake’s Drug Store.
"The drug store lunch counter is a real experience," Amiss said. "So I very much appreciate being able to cross Fourth Street going south and then turn to go north on Second Street as a way of getting to and from where I live."
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