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43 the resolution referred to it being located in close proximity to City Hall and did not restrict it to the size presented, which the City will be bound to accept unless the mall is renovated. Mr. Toscano said he cannot support the resolution in its present configuration. Ms. Richards said she has had a lot of concerns, but supports the concept of the monument. Ms. Richards said she thinks the City should finalize plans for the mall so we can have some flexibility with the monument and its size. Ms. Richards said she is troubled by the size and feels it will be toO large for the space. MS. Richards said that she thinks it is worth the riSk and the City stands to validate the constitution and support it by approving the monument. Mr. Cox said he is a long time supporter of the initiative, and feels it is a disturbing notion that we cannot trust the public. Mr. Cox said he recognizes that with freedom comes responsibility and he agrees it is a risk worth taking. Mr. Caravati said he agrees that it is a risk worth taking. Mr. Caravati said that his concerns about anonymity and lack of responsibility have been addressed and supporting the monument reaffirms his respect for the public realm. Mr. Caravati said that the graffiti will probably diminish over time. Mr. Caravati said it is important to address the design of the east end of the mall, but it will be a battle to find money for it. The resolution approving the First Amendment Monument was approved by the following vote. Ayes: Mr. Caravati, Mr. Cox, Ms. Richards. Noes: Mr. Toscano. Abstaining: Mr. Lynch. WHEREAS, in 1992 the Thomas Jefferson Center for the Protection of Free Expression ("Center") proposed a partnership with the City of Charlottesville, to bring a tangible embodiment of the concept of free expression to the City of Charlottesville in the form ora monument commemorating and celebrating the principles of the First Amendment ("Monument"); and WHEREAS, since 1992 the City and the Center have explored alternatives for the establishment of such a Monument in the vicinity of City Hall and in 1998 a First Amendment Monument Comnn'ttee sponsored a competition seeking ideas for the design of the monument; and WHEREAS, the design presented to the City Council at a public hearing on February 5, 2001 was the winner of the 1998 competition and City Council desires to facilitate moving forward with establishment of a First Amendment Monument adjacent to City Hail; and WHEREAS, the City Council and the Center agree that a formal, written lease and development agreement (hereafter, "Lease Agreement") will be necessary before construction of the Monument can begin, which agreement must detail fully the obligations and responsibilities of each party, and Council intends that the terms and conditions set forth within this Resolution, below, contain an outline of the essential elements of such an agreement and that a final Lease Agreement negotiated by the parties must be consistent with the terms and conditions herein stated; NOW THEREFORE, BE IT RESOLVED THAT: A.The Monument .. The proposed Monument will have three central components: (1) a simple concrete wall covered with panels of slate, which will serve as a board on which visitors may write using chalk only; (2) a separate, but smaller section of slate on which the First Amendment will be inscribed; and (3) a lectern/podium. The Monument will address City Hall, and its purpose will be will be twofold: to serve as a tribute to the principles of free expression and to provide an interactive forum for that expression. The final design of the Monument shall be subject to approval of the City's Board of Architectural Review, in accordance with established ordinances and regulations, as well as to final approval by City Council in accordance with the terms and conditions set forth herein.