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2001-02-05
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2001
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2001-02-05
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City Council
Meeting Date
2/5/2001
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Minutes
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Mr. Toscano asked who will be called when there is an issue about what is on the <br />chalkboard, and Mr. Wheeler said that a 501c3 organization will be in charge of <br />maintenance and planning of programs arotmd the monument, and they should be called <br />with complaints. <br /> <br /> ~Mr. Caravati asked about plans for maintenance, and Mr. Wheeler said that the <br />chalkboard will be cleaned on a regular basis, with a predetermined time period for <br />everything to be erased, Perhaps on a weekly basis. Ms. Wheeler said there will also be a <br />rapid response team. <br /> <br /> Ms. Richards noted that there is a termination clause in the lease and asked what <br />would be entailed in moving the monument should that occur. <br /> <br />Mr. Wheeler said he thinks it could be disassembled and relocated. <br /> <br /> Ms. Richards said she would like to see a rendering of what the monument would <br />look like, and also expressed concern about the site lines. <br /> <br /> Mr. Cox said he chaired the committee that helped select the monument, and <br />noted that Mr. Toscano also served on the committee. Mr. Cox said he thinks we are <br />looking at an ideal siting, and he is prepared to support the concept, but feels we should <br />stand firm on the siting. Mr. Cox said he favors keeping the terms that give the most <br />responsibility to the Center for Free Expression. Mr. Cox said he is prepared to move the <br />ordinance. <br /> <br /> Mr. Lynch asked what options the City would have to exit the lease before three <br />years, and Mr. Craig Brown, Deputy City Attorney, said the City has absolute right to <br />terminate the lease after three years, and also has the opportunity to terminate if the lease <br />is in default after reasonable notice, such as in the case that the Center fails to maintain <br />the monument. <br /> <br /> Mr. Lynch asked what the City's response would be to libelous and slanderous <br />comments on the wall, and Mr. Brown advised the City not be involved in what goes up <br />or comes down ~om the wall. Mr. Brown said libel and slander are legal determirmtions. <br /> <br /> Mr. Lynch asked what constitutes libel and slander, and Mr. Wheeler said that the <br />City or Center would not be liable for defamatory remarks, but would be the <br />responsibility of the individual who made them. <br /> <br /> Mr. Lynch said he understands that City employees could not participate in <br />writing or erasing on the wall in their capacity as employees, and Mr. Brown said that <br />City employees could do so on their own time as they have first amendment rights as <br />well. <br /> <br /> Mr. Cox moved approval of the concept of the monument as outlined in the <br />ordinance. Mr. Lynch seconded the motion. <br /> <br /> Ms. Richards expressed concern that item #8 in the lease is a little open, and she <br />would like to see cleaning of the monument more clearly def'med. <br /> <br /> tvlr. Toscano said he continues to have concerns about cleaning offofoffensive <br />language and graffiti, and said he does not want to have a monument that fails. Mr. <br />Toscano said such a monument should be in world class places, but he does not feel the <br />t~ont of City Hall is a world class location. Mr. Toscano said he would like a site that <br />does not block views and creates a public plaza, and suggested that Council not get tied <br />to a site. <br /> <br /> Mr. Caravati agreed with Mr. Toscano, and said the City needs to consider what <br />they want the east end of the mall to look like, and the monument should work with that. <br />Mr. Caravati said he does not support the plan right now. <br /> <br /> <br />
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