CITY OF CHARLOTTESVILLE, VIRGINIA
                 CITY COUNCIL AGENDA




  Agenda Date:         September 7, 2021

  Action Required:     Ratification of Prior Council Action (no public hearing required)

  Presenter:           Charles P. Boyles, II, City Manager

  Staff Contact:       Charles P. Boyles, II, City Manager; Lisa Robertson, City Attorney

  Title:               Ratification of Council’s July 10, 2021 decision so remove and
                       relocated the Statue of Lewis/Clark/Sacajawea (“LCS Statue”)



Background:
On July 10, 2021 a contractor engaged by the City to remove and relocate statuary from two
Downtown public parks completed that work much more quickly than anticipated. The
contractor was performing that work for a fixed price ($980,000), and the time allotted for
removal of the statuary was one day (24 hours). By mid-morning the contractor had successfully
removed both statues that were the subject of the City contract. Since specialized workers, cranes
and other equipment had been mobilized for a full day, the contractor offered to remove the LCS
Statue—at no additional cost to the City—if the City could authorize that work before the
contractor demobilized its forces. Following conversations among councilors and staff, a special/
emergency meeting of Council was called.

Discussion:
The LCS Statue is not subject to the “pre-disposition” process set out within Virginia Code §15.2-
1812. Pursuant to Section 14 of the City’s Charter, the City has broad express authority to control
and manage its personal property (such as statues) without any requirement for an advance public
hearing. City Council has delegated to the City Manager day-to-day supervision and control of all
personal property belonging to the City, see City Code §2-154. However, City Council itself has
taken an active role in planning for the disposition of the LCS Statue and consulting relatives of
Sacajawea (in November 2019 Council conducted a work session for extensive discussion of this
topic). City Council is the decision-maker as to any ultimate disposition of the LCS Statue.

In that context: on July 10, 2021, the special/ emergency meeting of City Council was called, and
took place, after notice given to the public and City Council members contemporaneously. Staff
believes that the notice given was reasonable, given the circumstances of the unforeseen
opportunity that arose on the morning of July 10, 2021.

As City Council prepares to give consideration to various proposals for final disposition of the
LCS Statue, and to ensure that the matter of deciding the ultimate disposition of the LCS Statue
can be as transparent and expeditious as possible, we recommend that City Council ratify the July
10, 2021 decision at its regular meeting on Tuesday, September 7, 2021. On that same meeting
date, City Council will also receive an update regarding the various proposals and expressions of
interest received from persons interested in acquiring ownership of the LCS Statue. Eventually,
City Council will vote to determine whether or not to approve a sale to a third party, or some other
final disposition of the LCS Statue.

Budgetary Impact: None.

Alignment with Council Vision Areas and Strategic Plan: Yes.

City Manager Recommendation: The City Manager recommends approval of the attached
Resolution, to ratify the City Council’s prior July 10, 2021 decision.

Community Engagement: yes; previously, in November 2019 City Council conducted an in-
depth workshop meeting, at which a public comment period was provided, and comments were
received from descendants of Sacajawea.

Attachment:
   • Proposed Resolution (to Ratify the City’s July 10, 2021 removal/ relocation of the LCS
      Statue)
                                         RESOLUTION

     TO RATIFY CITY COUNTIL’S JULY 10, 2021 DECISION TO REMOVE AND
              RELOCATE A CITY-OWNED STATUE DEPICTING
          MERIWETHER LEWIS, WILLIAM CLARK AND SACAJAWEA

        WHEREAS for some time, the Charlottesville City Council has publicly expressed its
desire, and has stated its intention, to remove and relocate a statue/ sculpture depicting
Sacajawea, Meriwether Lewis, and William Clark currently located on West Main Street in the
City (hereinafter, referred to as the “LCS Statue”), such desires and intentions having previously
been expressed by Resolution adopted by City Council on November 15, 2019; and

        WHEREAS on July 10, 2021, unforeseen circumstances arose, when the contractor
engaged in the process of removing other statuary within the City notified City staff that it would
finish that work in substantially less than the full day that had been anticipated, and the
contractor offered that, since the personnel, cranes and other equipment had already been
mobilized for a full day, for a fixed-price, the contractor would remove and relocate the LCS
Statue at no additional cost to the City; and

        WHEREAS on July 10, 2021, in order to take advantage of an opportunity to save
hundreds of thousands of public dollars, the circumstances presented to City Council by the
aforesaid contractor required immediate action by City Council; therefore, the Mayor called a
special/ emergency meeting of City Council upon public notice, reasonable under the
circumstances, and said notice was given contemporaneously to the public and members of city
council; and

        WHEREAS pursuant to Section 14 of the municipal Charter for the City of
Charlottesville, this City Council has broad and express authority, without the requirement for a
public hearing, to control and manage the City’s personal property; and

      WHEREAS this City Council now desires to ratify its decision to remove and relocate
the LCS Statue;

        NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
CHARLOTTESVILLE THAT the City’s July 10, 2021 removal of the LCS Statue from its
original location on West Main Street, and its relocation on July 10, 2021 to a storage location
owned/ co-owned by the City of Charlottesville, is hereby ratified.