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53 Mr. Toscano said that opens up the whole issue of the jail with Albemarle County, which would involve a new public process that will take longer than 38 months. Ms. Richards said she does not think Council is going to resolve this issue tonight, but said we do not need to delay the matter by 38 weeks. She said she will not vote for any motion that does not enhance the jail. Mr. Toscano said the negotiating team had a long discussion about that issue. Concem was expressed about the service bay and it was scaled back, other things were done to improve the relationship with the jail, and a compromise was negotiated on the courtyard. Mr. Toscano said the decision was made in the first phase to do the court and preserve the jail area for the future. Mr. Toscano's motion was defeated by the following vote. Ayes: Mr. Caravati, Mr. Toscano. Noes: Mr. Cox, Ms. Richards. Absent: Mr. Lynch. Mr. Caravati said the matter will be dealt with at a future meeting. REPORT/PUBLIC HEARING: DOWNTOWN AREA SERVICE DISTRICTS Mr. O'Connell explained that State law provides options for creation of special districts to provide revenue for enhanced services. The revenue is generated based on the assessment of real property within the designated boundary. Mr. O'Connell said that all property owners within the boundary have been notified of the proposal and the public hearing. Ms. Renee Knake, Assistant City Attorney, reviewed the proposed ordinance that creates the special service district and contains the following: boundary of the service district; the duration of the ordinance; the amount of the tax to be assessed; the exclusion of owner-occupied residences; and the services to be provided to the district. Ms. Knake said that a few issues need to be resolved, particularly with respect to the proposed plan for providing services in the district, including administration, procurement, budget and fiscal controls. Mr. David Repass, a member of the audience, asked about notification requirements for the ordinance, and Mr. Craig Brown, City Attorney, said that the public hearing has been legally advertised, but there is no legal requirement about publishing the ordinance itself. Mr. David Pettit, a member of the Board of Directors of the Downtown Property Owners Council (DPOC) who proposed the service district to the City, noted that the scope of the ordinance has been narrowed and administration of the district by a non- profit organization has been added. Mr. Colin Rolph, Chairman of DPOC, offered the support of DPOC for the service district. Mr. Rolph said the group has concluded that the model used in Richmond is the best way to proceed. Mr. Rolph presented a video showing support from business people in the downtown area for the service district. The public hearing was opened. Mr. Brent Nelson, 214 West South Street, opposed the proposal. He said members of DPOC have been meeting behind closed doors to discuss the proposal with the City, and many people know nothing about it. Mr. Nelson said it is getting too expensive to live and work downtown. Mr. Nelson said that if the special district is approved, his taxes will have increased 53% in this year alone. Mr. Nelson said the district offers no benefit to him and he is fed up with the tax and spend mentality. Ms. Pam Fitzgerald, 3005 Waverly Drive, managing partner in the Ivy Group which manages Seminole Square's marketing program, applauded the initiative of downtown businesses, but she challenged creation of the district as proposed and said it needs more work. Ms. Fitzgerald suggested that a voluntary and private program be encouraged, and