1 NOTICE OF SPECIAL MEETING A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE HELD ON Monday, May 1, 2017, AT 6:00 p.m. IN THE Second Floor Conference Room. THE PROPOSED AGENDA IS AS FOLLOWS: Closed session as provided by Section 2.2-3712 of the Virginia Code BY ORDER OF THE MAYOR BY Sarah Brazelton SECOND FLOOR CONFERENCE ROOM – May 1, 2017 Council met in special session on this date with the following members present: Ms. Galvin, Ms. Szakos, Mr. Bellamy, Mr. Fenwick, Mr. Signer. On motion by Ms. Szakos, seconded by Mr. Fenwick, Council voted, (Ayes: Ms. Szakos, Ms. Galvin, Mr. Signer, Mr. Fenwick, Mr. Bellamy; Noes: None;) (1) a motion for a temporary injunction in the pending litigation involving the removal of the Robert E. Lee statue; and (2) a response in the pending litigation filed against the City of Charlottesville by Albemarle County regarding the County’s control of the Ragged Mountain Natural Area and Reservoir, where such consultation would adversely affect the City’s litigating posture, as authorized by Virginia Code sec. 2.2-3711 (A) (7). On motion by Ms. Szakos, seconded by Mr. Fenwick, Council certified by the following vote (Ayes: Ms. Galvin, Ms. Szakos, Mr. Fenwick, Mr. Signer, Mr. Bellamy; Noes: None;), that to the best of each Council Member's knowledge, only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the motion convening the closed session were heard, discussed or considered in the closed session. COUNCIL CHAMBER - May 1, 2017 ROLL CALL Council met in regular session on this date with the following members present: Mr. Signer, Mr. Bellamy, Mr. Fenwick, Ms. Galvin, Ms. Szakos AWARDS/RECOGNITIONS/ANNOUNCEMENTS Mr. Fenwick announced the upcoming Council meeting on May 15, 2017 at 7:00 p.m. in Council Chambers. Mr. Fenwick announced the next special collection that will be held at the Ivy Material Utilization Center on the following Saturday dates from 8:30 am to 4 pm. He said to visit www.rivanna.org/hhw/ for more information. 2 Mr. Fenwick announced the Tree Spring Sale. Ms. Galvin commented on her Arbor Day experience from the week before. Mr. Bellamy announced a cookout to meet the Police Chief. He said that the cookout will be held on Thursday May 18th at 5 pm in Tonsler Park. Mr. Bellamy said that the cookout will also be an update on the Comprehensive Plan. Mr. Bellamy announced the “Talk” on Saturday May 20th at 10 am. He said that it is a discussion on young people's rights when interacting with the Police. Mr. Bellamy said that the Office of Human Rights is the contact. Mr. Bellamy read the Carroll M. Carter proclamation. Mr. Carter accepted the proclamation and said a few words. Mr. Signer acknowledged several people. Ms. Szakos reported on the experience she and Mr. Signer had during the Fire Ops 101 program. Ms. Szakos read the Mental Health Awareness Month proclamation. She invited Ms. Myra Anderson to come forward and say a few words. Ms. Anderson said a few words. Ms. Szakos said that the City may receive funding for a Social Services Docket. Ms. Galvin congratulated Mr. Core Clayborne who is now the new CEO of a company. Ms. Galvin read the LEAP Event announcement. She said that on May 25 at The Paramount Theater, The Local Energy Alliance Program (LEAP) will host a special event about climate change where guests will have the opportunity to watch a free screening of National Geographic's climate change movie, Before the Flood. Ms. Galvin said that last Monday the City was recognized as SolSmart Bronze. She said that the goal is to go SolSmart Silver. Ms. Galvin recognized Ms. Susan Elliott and Ms. Tish for all of their hard work. Ms. Galvin read the Bike to Work Week. She invited Mr. Jake Fox and Mr. Carl Schwarz, co-chairs of the Bicycle and Pedestrian Advisory Committee to accept the proclamation. Mr. Fox and Schwarz said a few words. Ms. Galvin acknowledged the hard work of Ms. Amanda Poncy. Mr. Signer announced the deadlines for voter registration as well as the deadline for the absentee voting. He said that there is an election on June 13th. Mr. Signer read the Kids to Park proclamation. 3 CITY MANAGER RESPONSE TO MATTERS BY THE PUBLIC Mr. Maurice Jones, City Manager, said that Ms. Jelene Schmidt asked Council to consider installing a marker to remember the lynching of Mr. John Henry Brown. He said that this issue will be raised along with the remainder of the recommendations from the Blue Ribbon Commission (BRC) that have not been acted upon by Council. Mr. Jones said that staff will be presenting this on these issues at Council’s next meeting on May 15. Mr. Jones said that Ms. Rebecca Quinn said that she had trouble finding the notices for all the meetings that the City Council is involved. He said that any meeting involving more than two (2) City Councilors should be posted near the Clerk of Council’s office. He said that meeting notices are also sent via email to out media list and others. Mr. Jones said that staff is discussing other ways we may notice the meetings in the future. Mr. Jones said that Mr. Benjamin Randolph came to speak about the Special Use Permit for 1011 East Jefferson St. He said that there was a question as to when the item would come before Council. Mr. Jones reported that at the time of the April meeting the item was going to come before Council on May 15th. He said that the developer has asked that the issue be deferred to June 5th. Mr. Jones said that Ms. Jenny Keller raised an issue at the end of the meeting about some confusion of when the City Council is supposed to take action on an item and how it is listed on the agenda. He said that he spoke with the Mayor about the issue and they will work together to try to make it more apparent on future meeting agendas. MATTERS BY THE PUBLIC Mr. Signer reviewed the rules for speaking in Matters by the Public. Ms. Beth Hundt, 3276 Hardware River Road, said that every May is stroke awareness month. She read statistics of the strokes across the U.S. Ms. Hundt said that the acronym FAST is used for recognizing the symptoms of a stroke. Mr. Michael Porter, 4598 Woods Edge Road, listed his reasons in defense of Robert E. Lee as a historical figure. He also brought up the controversy about removing the statue. Mr. Spot Etal 1017 A Grove Street, said that the living wage is important for many different reasons. He said that a just society has to offer a living wage to everyone regardless of who that person is and their appearance. Mr. Etal said that there is a stall in Charlottesville because of Dillon's rule. He explained the Dillon's Rule from our history. Mr. Ross Mittiga, 812 Cable Avenue, said that he is advocating for a $15 living wage because today is Mayday. He said the $1.21 gap is something that we should close. Mr. Mittiga listed his reasons for wanting to close the living wage gap. 4 Ms. Ashley Davies, 1000 Locust Avenue, said that she is her to speak on the code audit process on behalf of CADRE. She said that Council will be receiving a letter later this week. Ms. Davies summarized the history behind the code audit. She said that it has morphed into the legal review of the code audit. Ms. Davies said that the legal review seems to suggest that the tools should be removed. Ms. Nicole Scrow, 3000 City Walk Way, listed the ways that the legal review of the code audit will change the code and how it will impact different policies. She said that the best solution would be to hold off on the code audit until after the Comprehensive plan. Mr. Michael Payne, 3164 Autumn Woods Drive, said that today is international worker's day. He said that the living wage in the City would have to be $17.15 in order to live in the City and that $15 was always a compromise. He said that Council could use their platform to inform UVA on the living wage. Mr. Payne also said to look into the Harvard and Princeton model of paying a fee each year instead of paying real estate taxes. Mr. Tyler Hammill, Albemarle County, said that he and his fellow students are from Monticello High School. He said that they are doing a project about speed detection cameras at Paul Reynolds. Ms. Elena Gordo, Albemarle County, made the case for putting cameras on heavily trafficked roads in the city that would keep pedestrians safe. Mr. Jeffrey Fogel 215 Spruce Street, said that the city did not acknowledge today as International Worker's Day. He said that he is disturbed by the City’s reference to the $13.79/ hour as a living wage. He said that it is an increase and it is good for that reason. Mr. Fogel said that the living wage according to Mr. Ridge Schuler is $17.50/ hour. He listed the statistics for the number of people suffering from a mental illness in our jail system. Mr. Fogel said that the answer to the problem is not to have another court. He said that we need to shift resources out of public safety and into public health. Mr. Duncan Waring, 5886 Alberene Rd., summarized the findings of the Blue Ribbon Commission (BRC) in regards to the statues. He said that the BRC determined that the best course of action was to repurpose the statues. Mr. Waring said that he supports repurposing the statues. Mr. Brandon Mars, Albemarle County, said that the Blue Ribbon Commission (BRC) concluded that the best course of action was either to refurbish the park and add more history or to move the statue. He said that when you refurbish the park and add more history you make the site more diverse. Mr. Mars said that it would enhance the community. Mr. Clifford Hull, 1990 Avon St Ext, read a list of reasons for the Civil War. Mr. Hull said that the reasons he just read were all false. He said that the statue of Robert E. Lee should not be removed based on a false assumption. Mr. Nathan John, 602 Cabell Ave and Ms. Maeve Curtin, Alderman Road, said that she has been the liaison between UVA Student Council and City Council for the past two years. She said that Mr. Nathan John will be taking over her position as the UVA Student Council Liaison to the 5 City Council this coming year. Mr. John thanked the Council and stated his goals for the next year. Ms. Szakos said that she is proud of raising the city's wage to almost double the state's minimum wage. She thanked the members of the community to come and talk to Council about their thoughts on issues. She encouraged people to go to employers about the minimum wage. Mr. Bellamy said that UVA is the largest employer in the area has to do a better job. He said that as Council moves in the right direction it is important that they encourage their partner to move in the right direction as well. Ms. Galvin said that there was an intense conversation between UVA and Council on growth issues, partnership and infrastructure ventures with the university. Mr. Bellamy said that UVA prides itself on being an exceptional institution and if they are an exceptional institution then they needs to contribute to local municipalities. CONSENT AGENDA a. Minutes for April 11 and April 17, 2017 b. APPROPRIATION: Reimbursement from RWSA for Paving Costs to Ragged Mountain Roadway - $11,796.48 (2nd reading) RWSA Reimbursement WHEREAS, Rivanna Water and Sewer Authority was billed by the City of Charlottesville in the amount of $11,796.48 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that $11,796.48 from Rivanna Water and Sewer Authority is to be appropriated in the following manner: Revenues - $11,796.48 Fund: 107 Funded Program: FR-001 (P-00482) G/L Account: 432030 Expenditures - $11,796.48 Fund: 107 Funded Program: FR-001 (P-00482) G/L Account: 599999 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $11,796.48, from Rivanna Water and Sewer Authority. c. APPROPRIATION: Domestic Violence Services Coordinator Grant - $49,336 (2nd reading) Domestic Violence Services Coordinator Grant 6 WHEREAS, The City of Charlottesville, through the Commonwealth Attorney’s Office, has received the Domestic Violence Services Coordinator Grant from the Virginia Department of Criminal Justice Services in the amount of $38,336 in Federal pass-thru funds, Albemarle County is to contribute an additional $6,000 in local cash match, and the City Commonwealth Attorney’s Office will contribute up to $5,000 cash match, as needed to meet salary and benefit expenses. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the sum of $49,336 is hereby appropriated in the following manner: Revenues $38,336 Fund: 209 Cost Center: 1414002000 G/L Account: 430120 $ 6,000 Fund: 209 Cost Center: 1414002000 G/L Account: 432030 $ 5,000 Fund: 209 Cost Center: 1414002000 G/L Account: 498010 Expenditures $49,336 Fund: 209 Cost Center: 1414002000 G/L Account: 519999 Transfer $ 5,000 Fund: 105 Cost Center: 1401001000 G/L Account: 561209 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $38,336 from the Virginia Department of Criminal Justice Services, and $6,000 from the County of Albemarle, Virginia. d. APPROPRIATION: CDBG-HOME Funding for FY 2017-2018 Carried CDBG-HOME Funding e. APPROPRIATION: Clark Elementary School - Safe Routes to School Grant - $13,992 Carried Safe Routes to School Grant f. RESOLUTION: Hydraulic Road/29 North Small Area Planning Agreement and Funding - $30,000 Hydraulic Road/29 North RESOLUTION Small Area Plan funding of $30,000 for the Hydraulic-Route 29 Small Area Plan Project NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that previously appropriated Small Area Plan funding in the sum of $30,000 is available to be used to fund the City of Charlottesville’s portion of the cost for Phase I of the Hydraulic- 7 Route 29 Small Area Plan Project. We also authorize the City Manager to execute the Memorandum of Understanding between the City, County and the Charlottesville- Albemarle Metropolitan Planning Organization. Fund: 426 WBS Element: P-00818 g. RESOLUTION: Initiate Zoning Text Amendments to Planning Commission for Solar Energy Systems Zoning Text Amendments RESOLUTION INITIATING A ZONING TEXT AMENDMENT TO AMEND THE ZONING ORDINANCE REGULATIONS GOVERNING SOLAR ENERGY SYSTEMS BE IT RESOLVED by the City Council of the City of Charlottesville that City Council hereby initiates a zoning text amendment for consideration of amending certain zoning ordinance definitions and regulations pertaining to the installation and use of solar energy systems on land, buildings and structures within the city, and hereby refers the attached proposed zoning text amendment to the Planning Commission for its review and recommendations. h. RESOLUTION: Opt Out of Virginia Transit Liability Pool Membership Virginia Transit Liability Pool Membership RESOLUTION. AUTHORIZING WITHDRAWAL OF MEMBERSHIP FROM THE VIRGINIA TRANSIT LIABILITY POOL. WHEREAS, in 1987, the Council of the City of Charlottesville, Virginia, (the “City”) authorized the City to join with other political subdivisions to establish and become a member of the Virginia Transit Liability Pool (“VTLP”); and WHEREAS, the City has since remained, and currently is a member of VTLP, such that through its membership in VTLP, the City insures the operations of Charlottesville Area Transit as to comprehensive general liability, automotive liability, and automobile physical damage; and WHEREAS, the City has determined that it is no longer in the best interests of the City to remain a member of VTLP; NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Charlottesville, Virginia, that the City Manager is hereby authorized to do all things necessary to withdraw the City of Charlottesville, including Charlottesville Area Transit, from membership in the Virginia Transit Liability Pool. 8 i. ORDINANCE: Homeowner Tax Relief Grant Program Carried Homeowner Tax Relief Grant Program Ms. Szakos said that for item D, the CDBG Home Funding FY 2017-2018, she is a volunteer with City of Promise. She said that her volunteer work involves writing grant proposals and she said she did write the grant proposal for the fund on tonight’s agenda. Ms. Szakos said that she does not get any compensation or any benefit for that. On motion by Mr. Bellamy, seconded by Mr. Fenwick, Consent Agenda was approved. (Ayes: Mr. Signer, Mr. Bellamy, Mr. Fenwick, Ms. Galvin, Ms. Szakos; Noes: None.) PUBLIC HEARING /RESOLUTION: APPROVAL OF CDBG AND HOME ACTION PLAN FOR FY2017-2018 CDBG and HOME Action Plan Ms. Tierra Howard, Grants Coordinator with the Department of Neighborhood Development Services (NDS), presented to Council. Ms. Szakos said that Congress just approved a continuing resolution and that nothing changed in regards to funding as least until September. Ms. Galvin said that she appreciates the thoroughness of the plan. She said that some community members made comments on the Strategic Investment Area (SIA) and how the SIA is to promote affordable housing in a mixed income neighborhood. She read the core goals as per the consolidated plan. Mr. Signer opened the Public Hearing. Mr. Signer closed the public hearing. On motion by Ms. Szakos, seconded by Mr. Fenwick, PUBLIC HEARING /RESOLUTION: Approval of CDBG and HOME Action Plan for FY2017-2018 was approved. (Ayes: Mr. Signer, Mr. Bellamy, Mr. Fenwick, Ms. Galvin, Ms. Szakos; Noes: None.) RESOLUTION Approval of FY 2017-2018 Annual Action Plan BE IT RESOLVED, that the Charlottesville City Council hereby approves the 2017-2018 Action Plan of the 2013-2018 Consolidated Plan as presented at the May 1, 2017, City Council meeting. 9 RESOLUTION: AUTHORIZE ISSUANCE OF GENERAL OBLIGATION BONDS - $15,250,000 Issuance of General Obligation Bonds Ms. Sarah Brazelton, Acting Clerk of Council, informed the Mayor that this item is supposed to be a public hearing. Mr. Signer asked Ms. Brazelton to create a signup sheet for the public hearing. Ms. Szakos asked if the city was within legal bounds to declare the public hearing now. Mr. Chris Cullinan, Finance Director, said that the notice was advertised appropriately and in due time. He said that the agenda is not reflecting the public hearing status. Ms. Szakos said that she prefers to wait until the item is re-advertised and posted as a public hearing on the agenda. Mr. Jones said that it would be best to wait until next meeting and re-advertise. Mr. Fenwick asked Mr. Cullinan asked about the brokerage fee and the funds. He asked if the bonds are sold one by one. Mr. Cullinan said that it is sold all at once to the lowest bidder. APPROPRIATION: USE OF CHARLOTTESVILLE-ALBEMARLE CONVENTION & VISITORS BUREAU FUND BALANCE FOR MARKETING - $100,000 (1st of 2 readings) - Deferred ORDINANCE: INCREASE IN SALARY COMPENSATION FOR CITY COUNCIL MEMBERS (2nd reading) Increase in Salary Compensation for City Council Members AMENDING AND REORDAINING SECTION 2-40 OF ARTICLE II (CITY COUNCIL) OF CHAPTER 2 (ADMINISTRATION) OF THE CODE OF THE CITY OF CHARLOTTESVILLE, 1990, AS AMENDED, TO PROVIDE FOR AN INCREASE IN THE ANNUAL SALARIES OF THE MAYOR AND MEMBERS OF CITY COUNCIL Mr. Signer said that at the last meeting he asked to receive information on cities with comparable workloads and like populations. He said he asked for the information so he could compare where the city is in relation to other municipalities. Mr. Signer said that he received some information right before the meeting and it did not provide any comparison against other workloads. 10 Mr. Jones said that the problem with finding the information is that it is impossible to determine the workload is on an individual City Councilor in each jurisdiction. Mr. Signer said that he would like some more investigation into finding out the information. He said that maybe the Virginia Municipal League might have the information. Mr. Jones said that the workload depends on the individual City Councilor and how much work they do on a regular basis. He said that it would be difficult to get the information and feel comfortable and confident with presenting the data to Council. Ms. Szakos noted that the information that staff gave Council was given by population. She said she believes it is a proxy for workload. Ms. Szakos said that she believes that is why the General Assembly has set different rates for different populations. Mr. Signer said that he would have preferred to know that the information was not obtainable before the meeting. He commented on the information that Smart Cville provided Council. Mr. Signer said that the way the government is structured; sitting on Council will always be a part time job. He said that he is more concerned about getting more resources for staff to help Council with the increasing time demands. Mr. Signer said that he is concerned about the message it sends to increase the pay to the max and will not support the ordinance at this time absent more research. Ms. Galvin listed the ways that technological innovation has increased the demand and workload of the City Councilors. She also said that Charlottesville’s population has increased over the last nine years. Ms. Galvin said that the Council job is structured as a 40 hours a week position. She also said that she supports adding additional staff to the Clerk’s office. On motion by Ms. Galvin, seconded by Mr. Bellamy, ORDINANCE: Increase in Salary Compensation for City Council Members was approved. (Ayes: Mr. Bellamy, Mr. Fenwick, Ms. Galvin, Ms. Szakos; Noes: Mr. Signer.) REPORT: PLACE DESIGN TASK FORCE ANNUAL REPORT PLACE Design Task Force Annual Report Mr. Mike Stoneking, Chair of PLACE Design Task Force, presented to Council and answered questions. Ms. Galvin said that her question is in regard to the Place request for City Council action. She said she did not know if this needs a resolution or a vote on a specific action. Mr. Stoneking said that he wanted feedback tonight so he could come back to Council with a clear request to vote on in the future. 11 Ms. Szakos said that a couple of action items for PLACE need to happen in a certain order. She said that the other two action items would mean that Council would look at budgetary impacts. Mr. Stoneking said that his group is working on those items now. Ms. Szakos asked about the 3d- he said that it will be digital. Ms. Galvin said that the city has the software but the staff has never been trained on it. Mr. Stoneking commented about whether the the 3d models have to be presented to certain boards and small area plans. Mr. Stoneking said that adding a Human Rights Commission member there would be a conduit in the PLACE Design Task Force. Ms. Galvin said that she sees value in the recommendation. PLACE only recommends and has not discretionary review. Mr. Stoneking asked for CRHA and HRC members to PLACE. Council members said that they will ask those boards and come back before including in the PLACE board. Mr. Stoneking said that they will come back to give estimate and scope for the trees. Mr. Jones said that he will talk to Mr. Stoneking and maybe bring it back in June. OTHER BUSINESS Mr. Bellamy said that he wants to discuss procurement and minority business contracting. He listed the statistics for minority contracting for the city. Mr. Bellamy said that he spent time with many other procurement teams around the state and nation. He proposed four points to increase minority presence in procurement and contracting for city services. 1. Create Minority Business Plan and have an advisory council. 2. Bond waiver and prequalification program. 3. Commit to increase the number of minority and women owned businesses. 4. Revamp the ACE program. Mr. Bellamy provided his fellow Council members with several resolutions and an ordinance for their review. He wants to move forward and hopes that Council will adopt the resolutions soon. Ms. Szakos seconded the suggestion and that she strongly supports these resolutions/ ordinances. She suggested that the city look into how it can take the large contracts and break them into smaller chunks. Ms. Szakos pointed out that many times women and/or minority owned business are not getting a contract because the contract is so big. Mr. Bellamy said that for larger contracts the cities of Virginia Beach and Charlotte saw several different smaller businesses partnering together to go after the large contracts. 12 Ms. Galvin said that she has a lot of questions/ comments that she will be sending out to Council. She said that the city has a diversity business council. Ms. Galvin said that she is not sure if this is redundant or how it will come across to staff. She asked Mr. Bellamy if he planned to have a set percentage higher for minority businesses within out city contracts. Mr. Bellamy said that he does not plan to have a certain percentage of minority business present in city contracts at this time. Ms. Galvin said that she wants this to be measureable and have a metric that can show growth. She said that she wants this to be geared to the local community. Mr. Bellamy said that this is a separate initiative from the diversity business council. He said he has spoken to people on the Diversity Business Council and they have moved toward networking for individuals who have businesses. Ms. Galvin said that she wants Mr. Jones to set a timeline on when it will come back before Council. Mr. Bellamy said that he has had several meetings with Mr. Jones in regards to the wording of the resolutions/ ordinances. Ms. Galvin said that there is an Economic Advisory Council for the growing opportunity report as well as the Diversity Business Council and now Mr. Bellamy is proposing a third council. She said that maybe they need to reflect on the council structure if the councils are not being effective. Mr. Bellamy said that in his proposal it would not be another council. Mr. Jones said that there have been a number of conversations with Mr. Bellamy. He said that there is work that needs to be done and Council needs to know what that work is. Mr. Jones said that he wants Council to be prepared for what the resolutions will mean and what would it take to get there. He said that if there is going to be a creation of an advisory group then a staff person will need to be assigned to the group. Ms. Galvin asked Mr. Jones asked if the city cannot contract with anybody who is not the lowest qualified bid. Mr. Bellamy said that Ms. Galvin is correct. Ms. Szakos said that she is comfortable to leaving it up to City Manager. Mr. Bellamy said that he wants to see this back to Council on the first meeting in June. Mr. Jones said that in the next 45 to 60 days it will be brought back to Council. MATTERS BY THE PUBLIC 13 Ms. Edith Goods, 2nd Street, said that someone had mentioned earlier in the meeting about having a hard time finding information about city meetings. Ms. Goods said that she does not have email. She suggested putting the notices in the Daily Progress. Meeting adjourned at 9:39. Approved by Council May 15, 2017