CITY COUNCIL AGENDA Monday, June 19, 2017 6:00 p.m. Closed session as provided by Section 2.2-3712 of the Virginia Code Second Floor Conference Room (Consultation with legal counsel regarding the status of pending litigation between the City and Charlottesville Parking Center, Inc.; Boards and Commissions) 7:00 p.m. Regular Meeting - CALL TO ORDER Council Chambers PLEDGE OF ALLEGIANCE ROLL CALL AWARDS/RECOGNITIONS Godfrey Kurauone, 2017 Mandela Washington Fellow ANNOUNCEMENTS Charlottesville Bar Assoc. Award CITY MANAGER RESPONSE TO MATTERS BY THE PUBLIC MATTERS BY THE PUBLIC Public comment is provided for up to 15 speakers at the beginning of the meeting (limit 3 minutes per speaker.) Pre-registration is available for up to 10 spaces, and pre-registered speakers are announced by noon the day of the meeting. The number of speakers is unlimited at the end of the meeting. 1. CONSENT AGENDA* (Items removed from consent agenda will be considered at the end of the regular agenda.) a. Minutes for June 5, 2017 b. APPROPRIATION: Transfer of funds for the Thomas Jefferson Health District Building to the Joint Health Department Building Fund (2nd of 2 readings) c. APPROPRIATION: Additional Funding for Family Services Program – $82,694 (2nd of 2 readings) d. APPROPRIATION: Virginia Department of Health Special Nutrition Program Summer Food Service Program - $90,000 (1st of 2 readings) e. APPROPRIATION: $23,312.37 to the Charlottesville Affordable Housing Fund for Repayment of Rehabilitation Loan (1st of 2 readings) f. RESOLUTION: Darden Towe Park Agreement (1st of 1 reading) g. RESOLUTION: Adoption of Department of Housing and Urban Development (HUD) Handbook 1378 (1st of 1 reading) h. RESOLUTION: Converting Long Term Temporary Commissioner of Revenue Business Tax Auditor to Regular Full-time (1st of 1 reading) i. RESOLUTION: Revision of Council Meeting Calendar for CY2017 (1st of 1 reading) j. ORDINANCE: Quitclaim of Gas Easement to VDOT – Founders Place (2nd of 2 readings) 2. RESOLUTION* FY 2018 – 2020 Strategic Plan and City Council Annual Workplan (1st of 1 reading) – 20 min 3. RESOLUTION * Verizon Wireless BAR Appeal – 1521 University Avenue (1st of 1 reading) – 20 min 4. RESOLUTION* Housing Advisory Committee Recommendations (1st of 1 reading) – 30 min 5. RESOLUTION* Disadvantaged Business Enterprise Update (1st of 1 reading) – 20 min 6. RESOLUTION* Response to U.S. Withdrawal from the Paris Climate Agreement (1st of 1 reading) – 15 min 7. RESOLUTION Open Data Update and Policy Approval (1st of 1 reading) – 15 min 8. REPORT CFD and CARS System Improvement Strategy and Cost Recovery Program – 15 min 9. REPORT Office of Human Rights Annual Report – 15 min 10. REPORT Social Services Advisory Board Annual Update – 15 min 11. REPORT ONLY Water Resources Protection Program Advisory Committee Annual Report (no presentation) OTHER BUSINESS MATTERS BY THE PUBLIC *ACTION NEEDED GUIDELINES FOR PUBLIC COMMENT We welcome public comment; it is an important part of our meeting. Time is reserved near the beginning and at the end of each regular City Council meeting for Matters by the Public. Please follow these guidelines for public comment: • If you are here to speak for a Public Hearing, please wait to speak on the matter until the report for that item has been presented and the Public Hearing has been opened. • Each speaker has 3 minutes to speak. Please give your name and address before beginning your remarks. • Please do not interrupt speakers, whether or not you agree with them. • Please refrain from using obscenities. • If you cannot follow these guidelines, you will be escorted from City Council Chambers and not permitted to reenter. Persons with disabilities may request reasonable accommodations by contacting ada@charlottesville.org or (434) 970-3182. CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 5, 2017 Action Required: Approve Appropriation Presenter: Leslie Beauregard, Assistant City Manager Staff Contacts: Leslie Beauregard, Assistant City Manager Ryan Davidson, Senior Budget and Management Analyst Gail Hassmer, Chief Accountant Title: Transfer of funds for the Thomas Jefferson Health District Building to the Joint Health Department Building Fund Background: The City of Charlottesville and Albemarle County co-owns the Thomas Jefferson Health Department building on Rose Hill Drive. Previously the County had been serving as the fiscal agent while the City has managed the maintenance and capital type projects for the building. It’s been a regular practice that whichever locality actually manages the projects of a jointly owned building, should also serve as fiscal agent, which is a more efficient way of providing these services than having two parties coordinate the efforts. The City and County entered into an MOU last summer that established the City as the fiscal agent and that the City will continue to manage the maintenance and capital projects for the health department. Upon the transfer of fiscal responsibilities to the City, the City received a check from Albemarle County for the remaining funds in the County’s Health Department fund, and added the Health Department Building Account to City’s Facility Repair Fund. Discussion: The Health Department Building Account was included in the F.Y. 2017 and F.Y. 2018 Budget Appropriations, with any funds received to be appropriated to the Facility Repair Fund (107). All funds received, by the City to this point, for the purposes general improvements, maintenance, and small capital projects related to the Thomas Jefferson Health Department have been deposited into the Facilities Repair fund. All of the corresponding expenditures have also been recorded in the Facilities Repair fund. The Health Department funds were placed in their own cost center within the Facilities Repair fund to keep them separate. However, the state requires complete financial reports on all Joint Activities. These State financial reporting requirements have facilitated the need to account for the funds in their own separate fund. In order to fully meet these requirements, the existing funds will need to be transferred from the Facilities Repair fund to the Joint Health Department Building Fund, and any future funding will be appropriated to this fund. Alignment with City Council’s Vision and Strategic Plan: N/A – This is an operational action and does not impact the strategic plan. Community Engagement: N/A Budgetary Impact: None - The F.Y. 2017 and F.Y. 2018 Adopted budget appropriations already include a section that appropriates the Health Department funding into the Facility Repair Fund. This action will simply transfer these funds from the Facility Repair Fund (107) into the newly created Joint Health Department Building Fund (982). Recommendation: Staff recommends approval of the appropriation. Alternatives: N/A Attachments: N/A APPROPRIATION Transfer of Health Department Building funding from the Facility Repair Fund (107) to the Joint Health Department Building Fund (982). WHEREAS, the City of Charlottesville and Albemarle County entered into an MOU that established the City as the fiscal agent, and that State financial reporting requirements have facilitated the need to account for the Health Department Building funds in their own separate fund; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that all existing funds for FY 2017 in the Health Department Building Fund (Cost Center 2412008000, Funded Program FR-052) will need to be transferred from the Facilities Repair fund (107) to the Joint Health Department Building Fund (Fund 982, Cost Center 8601001000). BE IT FURTHER RESOLVED, that the amount received as Health Department Building Account revenue for Fiscal Year 2017-2018 is hereby appropriated to the Joint Health Department Building Fund (982), to be used for general improvements, maintenance and small capital projects related to the Thomas Jefferson Health District building. Further, any unspent funds in the Joint Health Department Building Fund shall not be deemed to expire at the end of the fiscal year, but are hereby appropriated in the ensuing fiscal year unless further altered by Council. This page intentionally left blank. CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 5, 2017 Action Required: Approve Appropriation Presenter: Diane Kuknyo, Director Department of Social Services Staff Contacts: Jenny Jones, Chief of Family Services, Department of Social Services Laura Morris, Chief of Administration, Department of Social Services Title: Additional Funding for Family Services Programs -- $82,694 Background: The Governor’s Fiscal Year 2018 budget appropriated additional administrative funding to local departments of social services to assist with increased workloads in Family Services throughout the Commonwealth. The Charlottesville Department of Social Services has received $82,694 from this additional funding. Discussion: Family Services Workers handle child protective service (CPS) investigations, foster care prevention, foster care, adoptions, and adult services/adult protective services cases. The Family Services workload has been increasing over the last 5 fiscal years. There was a 6.73% increase in CPS referrals between FY 15 and FY 16. There have been significant caseload increases in foster care prevention (21%), foster care (16%), and adult service/adult protective services (13%) over the first sixth months of the current fiscal year. The Department plans to use the additional funding to add one permanent full time family services worker to support the increasing workload. Alignment with Council Vision Areas and Strategic Plan: Approval of this agenda item aligns with Council’s vision for the City of Charlottesville to be a smart, citizen-focused government that works to employ the optimal means of delivering quality services. It is consistent with Strategic Plan Goal 2: Be a Safe, Equitable, Thriving and Beautiful Community, Objective 2.4 Ensure families and individuals are safe and stable. Community Engagement: Department staff work directly with citizens to provide social services, protect vulnerable children and adults, and promote self sufficiency. Budgetary Impact: The $82,694 consists of $69,876 (84.5%) of Federal and State funds with a need for $12,818 (15.5%) of matching General Fund. The General Fund match will come from vacancy savings in Social Services in FY 2018. No new General Funds are being requested. Recommendation: Staff recommends approval and appropriation of these funds. Alternatives: Funds that are not appropriated will need to be returned to the Virginia Department of Social Services. If funds are not appropriated we will not be able to increase staffing for our mission critical work, and vulnerable children and adults will be at risk. Attachments: Appropriation APPROPRIATION Additional Funding for Department of Social Services Family Services Programs $82,694 WHEREAS, the Charlottesville Department of Social Services has received an additional $82,694 in the Fiscal Year 2018 budget from the Virginia Department of Social Services to be used for Family Services staffing, NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $82,694 is hereby appropriated in the following manner: Revenue – $82,694 Fund: 212 Cost Center: 9900000000 G/L Account: 430080 $69,876 Fund: 212 Cost Center: 9900000000 G/L Account: 498010 $12,818 Expenditures - $82,694 Fund: 212 Cost Center: 3301008000 G/L Account: 510010 $46,800 Fund: 212 Cost Center: 3301008000 G/L Account: 511010 $ 3,580 Fund: 212 Cost Center: 3301008000 G/L Account: 510020 $15,327 Fund: 212 Cost Center: 3301008000 G/L Account: 511030 $ 361 Fund: 212 Cost Center: 3301008000 G/L Account: 511040 $ 8,766 Fund: 212 Cost Center: 3301008000 G/L Account: 510060 $ 1,000 Fund: 212 Cost Center: 3301008000 G/L Account: 510130 $ 2,350 Fund: 212 Cost Center: 3301008000 G/L Account: 525251 $ 1,014 Fund: 212 Cost Center: 3301008000 G/L Account: 530030 $ 294 Fund: 212 Cost Center: 3301008000 G/L Account: 530320 $ 3,202 This page intentionally left blank. CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 19, 2017 Action Required: Approval and Appropriation Presenter: Riaan Anthony, Parks and Recreation Management Specialist Staff Contacts: Riaan Anthony, Parks and Recreation Management Specialist Title: Virginia Department of Health Special Nutrition Program Summer Food Service Program - $90,000 Background: The City of Charlottesville, through the Parks and Recreation Department, has received approval for reimbursement of up to $90,000 from the Virginia Department of Health Special Nutrition Program to provide free breakfast and lunch to children attending summer camp programs. Discussion: Charlottesville Parks and Recreation will run six Summer Camp programs throughout the City of Charlottesville. These sites serve children in Pre K-10th grades, for eight weeks during the summer, June 19-August 11. Various activities are planned from 9:00am-4:00pm, Monday through Friday. The Virginia Department of Health Special Nutrition Program provides free, nutritious breakfast and lunch for these children. Most of the children are served receive free or reduced meals during the school year. Over 600 children were enrolled in Summer Camps last year. The $90,000 appropriation covers the cost of the food and administration of the summer food service program. The lunches are purchased through the City of Charlottesville School Food Service. The Parks and Recreation Department pays the bills to the City of Charlottesville Food Service and is then reimbursed by the Virginia Department of Health Special Nutrition Programs. Alignment with City Council’s Vision and Strategic Plan: Approval of this agenda item aligns directly with Council’s vision for Charlottesville to be America’s Healthiest City and it contributes to Goal 2 of the Strategic Plan to be a safe, equitable, thriving, and beautiful community. Children will receive nutritious breakfast, lunch and/or dinner, hopefully replacing a meal that did not exist or providing a healthier balanced option for them. Community Engagement: N/A Budgetary Impact: This has no impact on the General Fund. The funds will be expensed and reimbursed to a Grants Fund. Recommendation: Staff recommends approval and appropriation of funds Alternatives: If money is not appropriated, the free breakfast and lunch program will not be offered to youth, most of whom receive free or reduced meals during the school year. Attachments: Appropriation APPROPRIATION Virginia Department of Health Special Nutrition Program Summer Food Service Program $90,000 WHEREAS, the City of Charlottesville, through Parks and Recreation, has received approval for reimbursement up to $90,000 from the Virginia Department of Health Special Nutrition Program to provide free breakfast and lunch to children attending summer camp programs; and WHEREAS, the grant award covers the period from period June 1, 2017 through October 31, 2017. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $90,000, received from the Virginia Department of Health Special Nutrition Program, is hereby appropriated in the following manner: Revenue – $90,000 Fund: 209 Internal Order: 1900282 G/L Account: 430120 Expenditures - $90,000 Fund: 209 Internal Order: 1900282 G/L Account: 530670 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $105,000 from the Virginia Department of Health Special Nutrition Program. This page intentionally left blank. CITY OF CHARLOTTESVILLE, VIRGINIA. CITY COUNCIL AGENDA Agenda Date: June 19, 2017 Action Required: Approval of Appropriation Staff Contacts: Stacy Pethia, Housing Program Coordinator Presenter: Stacy Pethia, Housing Program Coordinator Title: Appropriation of Funds - $23,312.37 to the Charlottesville Affordable Housing Fund for repayment of BXBC rehabilitation loan (CP-084) Background: The City has received funds that need to be appropriated. The City issued a $28,087.20 substantial rehab loan, through the Block by Block Charlottesville 10th & Page program, on June 25, 2013 to Lutticia Wilhite, 513 11th Street, NW. The loan term was for 15 years, with 1/15 of the loan amount forgiven each year. The terms of the loan included a 3 percent administrative fee to be applied if Mrs. Wilhite sold the property prior to the expiration of the loan term. Mrs. Wilhite is now selling the property. On May 31, 2017, the City received a check in the amount of $23,312.37 to satisfy the remaining balance of the loan ($22,469.69), as well as an administrative fee equal to $842.61 (3 percent of original loan amount). Discussion: The loan satisfaction payment received from Mrs. Wilhite meets the terms of loan agreement and needs to be appropriated to the Charlottesville Affordable Housing Fund (CP-084). Community Engagement: There has been no direct community engagement on this issue, as the payment received from Mrs. Wilhite was made to satisfy the remaining balance of her June 25, 2013 substantial rehabilitation loan. Alignment with City Council Vision and Strategic Plan: Approval of this item aligns with the City Council Vision of „Quality Housing for All‟ and with the Strategic Plan Goal 1.3 to “Increase affordable housing options.” Budgetary Impact: The appropriated funds will increase the overall budget of the Charlottesville Affordable Housing Fund, and the amount of funds available for distribution from that fund. Recommendation Staff recommends approval of the appropriation. Alternatives: There is no alternative for appropriation of the funds, as these funds must be returned to their original source. Attachments: N/A APPROPRIATION Charlottesville Affordable Housing Fund Lutticia Wilhite Substantial Rehab Loan Payoff -- $23,312.37 WHEREAS, the City of Charlottesville has received funding from the payoff of the Lutticia Wilhite Deed of Trust ($23,312.37); and NOW, THERFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $23,312.37 be received as payment from Lutticia Wilhite, and appropriated as follows: Revenues: $23,312.37 Fund: 426 Project: CP-084 G/L Code: 451160 Expenditures: $23,312.37 Fund: 426 Project: CP-084 G/L Code: 599999 This page intentionally left blank. CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 19, 2017 Action Required: Approval – Darden Towe Park Agreement Staff Contacts: Brian Daly, Director, Parks and Recreation Title: Darden Towe Park Agreement Background: Darden Towe Park is jointly owned by the City of Charlottesville and Albemarle County. The purpose of this agreement is to provide a fair and equitable allocation of responsibility between the two localities for the planning, development, operation and maintenance of the park. The attached agreement will replace a previous agreement adopted by the City and the County in 2007. Discussion: This agreement codifies the relationship between the City and the County regarding daily operations and maintenance of the park, allocation of funding for annual operations and guidance on capital improvements. The agreement also contemplates that a Master Planning Process for Darden Towe Park would be completed during the term of this agreement, which is ten (10) years. The City and County Parks and Recreation staff continue to have positive and constructive working relationships regarding the operations and programming of recreational activities at the park. Community Engagement: The Darden Towe Park Committee, comprised of two (2) members of the City Council and Board of Supervisors, along with the Directors in the City and the County and reached consensus about the contents of the attached agreement. The Albemarle County Board of Supervisors will consider and take action on this agreement at their regular meeting June 14, 2017. Alignment with City Council’s Vision and Strategic Plan: The ownership and operation of Darden Towe Park supports City Council’s “Green City” vision and contributes to Goal 2 of the Strategic Plan: Be a safe, equitable, thriving and beautiful community, and objective 2.5, to provide natural and historic resources stewardship. Budgetary Impact: Approval of this agreement has no direct impact upon the General Fund. Annual appropriations for the operation of the park are approved through the annual budget process. Recommendation: Staff recommends City Council approve the Darden Towe Park Agreement. Attachments: Attachment 1 – Resolution of Approval Attachment 2 – Darden Towe Park Agreement RESOLUTION TO AUTHORIZE ESTABLISHMENT OF A NEW DARDEN TOWE PARK AGREEMENT WITH ALBEMARLE COUNTY BE IT RESOLVED by the Council for the City of Charlottesville, Virginia, that the Mayor is hereby authorized to sign the following document, in form approved by the City Attorney or his designee: Darden Towe Park Agreement with Albemarle County DARDEN TOWE PARK AGREEMENT BETWEEN THE COUNTY OF ALBEMARLE AND THE CITY OF CHARLOTTESVILLE, VIRGINIA DRAFT This agreement, dated this _____ day of _________, 2017, is between the COUNTY OF ALBEMARLE (County) acting through its Board of Supervisors, and the CITY OF CHARLOTTESVILLE (City), acting through its City Council. SECTION I. PURPOSE Darden Towe Park is jointly owned by the City of Charlottesville and Albemarle County. The purpose of this agreement is to provide a fair and equitable allocation of responsibility between the two localities for the planning, development, operation and maintenance of the park. SECTION II. PARK OWNERSHIP The park is jointly owned by the City and the County. Each locality shall hold an undivided interest in the property and all improvements. In the event that the park or any part thereof is conveyed by the two localities to any other entity, whether public or private, any proceeds received for such conveyance shall be divided between the localities on the basis of the cumulative capital investments of each locality in the entirety of the park property. Neither the City nor the County shall make such a conveyance of its interest without the consent of the other party. SECTION III. ADMINISTRATION, MAINTENANCE AND OPERATIONS The Park shall be administered as a County park under the Albemarle County Code. The county shall provide fiscal and legal services for the operation of the park for an administrative fee of two percent (2%) of the park’s total operating budget. The County shall be responsible for the general administration, maintenance, supervision and security of the park. Persons employed for such purposes will be County employees. The County will bill quarterly for the City’s share of expenses. The City will be responsible for the operation, supervision and scheduling of City adult softball programs at the park. County residents shall be treated as City residents in terms of fees and access to those programs. The operation, supervision and scheduling of all recreational and other facilities in the park shall be the responsibility of the County. SECTION IV. PARK SUPERVISION The Directors of Parks and Recreation in the City and the County, together with appropriate staff members from those Departments will work in close consultation in the ongoing operation and maintenance of the park. Together, they will develop five-year projected operating and capital budgets, which will be updated annually. City and County staff will meet when requested by either Director to resolve issues or to rule on special problems or requests that cannot be routinely handled by staff. In the event the City and County Park and Recreation Directors cannot agree to resolve an issue, the City Manager (or designee) and the County Executive (or designee) will meet together with the Directors to resolve the issue. SECTION V. ALLOCATION OF COSTS Operating and capital costs for the park will be divided between the City and County based on the relative populations of the two localities according to the Weldon Cooper Center for Public Service Annual Population Report. All expenditures, whether capital or operating costs, are contingent upon the appropriation of funds by the Albemarle County Board of Supervisors and the Charlottesville City Council in the year of expenditure, and the failure to appropriate by either governing body shall not be deemed a breach of this agreement. Nothing in this agreement would prohibit either the City or the County from making improvements to the property at its sole expense pending the approval of those improvements by both the City and the County. SECTION VI. REVENUE GENERATION Park revenues shall be deducted from operating expenses prior to calculating the City and County share for each quarterly billing period. SECTION VII. DARDEN TOWE PARK COMMITTEE The Darden Towe Park Committee shall consist of two members of the Albemarle County Board of Supervisors and two members of the Charlottesville City Council, appointed by their respective governing bodies. The Committee will minimally meet annually in September of each year prior to the submission of the annual budget. The Committee may meet more frequently, at its own discretion. The Committee will perform the following functions: 1. Approve new capital development plans for inclusion in the Park’s annual operating and five- year capital budgets; 2. Resolve any differences on policy issues between the governing bodies as they may pertain to the park; 3. Provide direction to City and County Parks and Recreation Directors as requested; 4. Meet as directed by the Board of Supervisors or City Council to resolve issues, make recommendations, etc.; 5. Make recommendations to the governing bodies for alterations and/or amendments to this agreement; 6. To initiate and conduct Master Planning of the Park. SECTION VIII. LIGHTING In the original agreement entered into in 1986, the City and the County agreed that night lighting would not be included in any of the three development stages for any competitive sport facility. In recognition of the history and intent of not having lighted facilities in the park, no lighting of competitive sport or other recreational facilities in the park will occur without the mutual agreement of the City and the County. SECTION IX. APPROVAL, DURATION AND RENEWAL This agreement shall be for a period of ten (10) years, commencing on July 1, 2017 and ending on June 30, 2027. Prior to the expiration of the ten (10) year period, both the City and County shall reach mutual agreement to revise, renew or otherwise alter the agreement. SECTION X. AMENDMENT OF AGREEMENT This agreement can be amended with the mutual consent of the City Council and the County Board of Supervisors at any time during the duration of this agreement. IN WITNESS WHEREOF the City Council has authorized the Mayor to sign this agreement by a resolution adopted June 19, 2017, and the Board of Supervisors has authorized its Chairman to sign it by resolution adopted June 14, 2017. CITY OF CHARLOTTESVILLE Attest: By Clerk of Council Mayor COUNTY OF ALBEMARLE Attest: By Clerk of Council Chairman, Board of Supervisors CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 19, 2017 Action Required: Approve Resolution Presenter: Tierra Howard, Grants Coordinator Staff Contacts: Tierra Howard, Grants Coordinator Title: Adoption of Department of Housing and Urban Development (HUD) Handbook 1378 Background: 49 CFR Part 24 is the government-wide regulation that implements the Uniform Relocation Act (URA). HUD Handbook 1378 provides HUD policy and guidance on implementing the URA and 49 CFR Part 24 for HUD funded programs and projects. Both the CDBG & HOME programs are federally funded and as such any acquisition and relocation funded with these programs must comply with the Uniform Relocation & Real Property Acquisition Act of 1970 (as amended). The Uniform Act is federal law that establishes minimum standards for federally funded programs and projects that require acquisition of real property or displace persons from their homes, businesses, or farms. The Uniform Act’s protections and assistance apply to the acquisition, rehabilitation, or demolition of real property for federal or federally funded projects. Section 104(d) of the Housing & Community Development Act of 1974 (as amended) establishes requirements governing conversion, demolition and one for one replacement of lower income housing under the CDBG program Section 105(b)(16) of the Cranston Gonzalez National Affordable Housing Act (as amended) extends these additional requirements to the HOME program. Discussion: The City is required to adopt policies through which it will comply with the URA. HUD has issued Handbook 1378 as their guidance for compliance with URA and staff believes that adoption of this handbook would be sufficient to cover HUD requirements for use of Charlottesville CDBG and HOME funds. In the event that our funds are proposed to be used for demolition or acquisition project, it is recommended that staff work with the sub recipient on a case by case basis to ensure compliance and to develop a more targeted plan, as might be appropriate; however, the existing requirements are such that at a minimum (to comply with HUD regulations) we must adhere to Handbook 1378. Alignment with Council Vision Areas and Strategic Plan: Approval of this agenda item aligns directly with Council’s vision for Charlottesville to have Quality Housing Opportunities for All. Community Engagement: Staff presented the information to the CDBG Task Force and HAC at the May18, 2016 HAC Quarterly Meeting. Both the CDBG Task Force and HAC had the opportunity to provide comments. Budgetary Impact: There will be no budgetary impact. Recommendation: Staff recommends adoption of HUD Handbook 1378, at a minimum to provide for implementation of the URA as required. Alternatives: There are no alternatives. Attachments: Resolution Link to HUD Handbook 1378: https://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/handbooks/ cpd/13780 RESOLUTION Adoption of U.S. Department of Housing and Urban Development Handbook 1378 (Relocation and Real Property Acquisition Handbook) WHEREAS, the City of Charlottesville (herein “the City”) is implementing Community Development Block Grant and HOME Investment Partnerships (herein “HOME”) Program, and WHEREAS, said programs may involve some degree of real property acquisition which, by statute, falls under the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended, as outlined by the U.S. Department of Housing and Urban Development for projects assisted with CDBG and/or HOME, and WHEREAS, as such, the City is required to adopt policies through which it will comply with said Act. NOW, THEREFORE, BE IT RESOLVED by the City, as follows: SECTION 1. That the City of Charlottesville hereby adopts DHUD Handbook 1378, Relocation Assistance and Real Property Acquisition Handbook as its acquisition and relocation policy for the implementation of CDBG and HOME projects. SECTION 2. That said handbook is on file at the City Hall, and is hereby made a part of this action by reference. Approved by Council This page intentionally left blank. CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 19, 2017 Action Required: Authorization to Make COR Business Tax Auditor a Fulltime Position Presenter: Todd Divers, Commissioner of the Revenue Staff Contacts: Todd Divers, Commissioner of the Revenue Betty Graham, Chief Deputy Commissioner of the Revenue Pug Plumb, Business Tax Supervisor Manager Title: Converting Long Term Temporary Commissioner of Revenue Business Tax Auditor to Regular Full-time Background & Discussion: As part of the FY 2016 Adopted Budget, City Council funded an additional business tax auditor on a long-term temporary basis for two years with the understanding that the Commissioner of Revenue (COR) would track revenues generated by the position and report our findings back to Council - at which point it would be determined whether a full-time position was merited. The COR hired the long-term temp auditor in January of 2016 and he has been with the City for approximately a year and a half. In that time, the position has more than met our expectations and has paid for itself many times over. As outlined in the attached documents, the position has benefitted the COR (and the City) in a number of different ways: 1. It has conducted almost 1,500 audits of varying complexity, resulting in a total amount billed of $907,140.80 in taxes, penalty and interest. $458,930.10 of that has already been recovered; 2. Business license revenue in the second half of 2016 was more than double the previous five- year average (from $159,244.77 to $320,062.69). This is a telling statistic since most business license revenue coincides with our annual tax due dates in the first half of the year. It is not until the second half of the year that we are able to fully devote our attention to delinquents and the discovery of new license accounts; 3. Revamping the reports for meals tax reporting, transient occupancy reporting, business personal property, and machinery and tools – making them simpler to understand and use; 4. Working with colleagues in other jurisdictions to standardize our process for recovering net taxes due on all delinquent trust taxes. This has resulted in fewer criminal complaints against business owners while increasing compliance; 5. Providing businesses with the option to file meals tax and transient occupancy tax online with fillable forms; 6. Working with I.T. and the Treasurer to offer online trust tax payments in the near future. Based on the above, the COR requests that the Long Term Temp Business Tax Auditor should be converted to a full time position beginning in FY 18 (July 1, 2017). The only costs associated with that will be the addition of retirement at $16,356 based on the adopted FY18 salary and FY18 retirement rate. Community Engagement: Our long-term temp is already fully integrated into our COR staff and interacts with taxpayers every day. He has been sworn in as a deputy Commissioner of the Revenue and participates in our Association’s career development program. Alignment with City Council’s Vision and Priority Areas: This agenda item aligns with Council’s vision for Economic Sustainability and Smart, Citizen-Focused Government. It also addresses two of the goals in the City’s Strategic Plan that were recently adopted by Council: Goal 3 - Have a Strong, Diversified Economy; and Goal 4 - Be a Well-Managed and Successful Organization. Budgetary Impact: Based on the adopted FY18 salary, and at the FY18 retirement rate, converting this long term temp into a fulltime position would cost the general fund an additional $16,356 per year. The increased retirement funding for this position will either be realized through departmental savings, or if those are not available, will be funded through the Employee Compensation Pool of funds. Recommendation: Convert the Commissioner of the Revenue’s business tax auditor from a long-term temporary position to full time. Attachments: (1) Business Tax Auditor Progress Report 2 RESOLUTION Converting Long Term Temporary Commissioner of Revenue Business Tax Auditor to Regular Full-time BE IT RESOLVED by the Council for the City of Charlottesville, Virginia, that the Long Term Temporary Commissioner of Revenue Business Tax Auditor is converted to a regular full time position. 3 This page intentionally left blank. CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 19, 2017 Action Required: Approval of Resolution Presenter: Maurice Jones, City Manager Staff Contacts: Maurice Jones, City Manager Paige Rice, Clerk of Council Title: Revision of City Council Regular Meeting Schedule for 2017 Background: Council has requested revision of the meeting schedule for calendar year 2017 in order to facilitate public participation due to the July 3 and July 4 City Hall closure in observance of the July 4 holiday. The proposed revision to the Council meeting schedule for 2017 is to reschedule the July 3 meeting to Wednesday, July 5. Per the original resolution, this change will be publicized with a City press release, updated on the City’s calendar, and posted at the Clerk of Council’s office. Alignment with City Council’s Vision and Priority Areas: This aligns with Goal 4 of the strategic plan: Be a well-managed and successful organization. RESOLUTION Approval of Revised City Council Regular Meeting Schedule for 2017 BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the following dates are approved for regularly scheduled Council meetings for 2017: January 3, 2017 July 3, 2017 Wednesday, July 5, 2017 Tuesday, January 17, 2017 July 17, 2017 February 6, 2017 August 7, 2017 – no meeting (summer break) Tuesday, February 21, 2017 August 21, 2017 March 6, 2017 Tuesday, September 5, 2017 March 20, 2017 September 18, 2017 April 3, 2017 October 2, 2017 April 17, 2017 October 16, 2017 May 1, 2017 November 6, 2017 May 15, 2017 November 20, 2017 June 5, 2017 December 4, 2017 June 19, 2017 December 18, 2017 Italics indicate an adjusted date due to a holiday. BE IT FURTHER RESOLVED that these dates will be published on the City’s calendar at www.charlottesville.org and posted at the Clerk of Council’s office; and BE IT FURTHER RESOLVED that should Council have a compelling reason to amend the schedule during the year, they may do so with a majority vote; should such a change occur, it will be publicized with a City press release, updated on the City’s calendar, and posted at the Clerk of Council’s office. CITY OF CHARLOTTESVILLE CITY COUNCIL AGENDA Agenda Date: June 5, 2017 Action Required: Yes (First Reading of Ordinance) Staff Contacts: Craig Brown, City Attorney Lauren Hildebrand, Director, Public Utilities Title: Quitclaim Gas Easements to VDOT (Founders Place in Albemarle County) Background: In 2003 and 2015 the City acquired gas line easements from the County of Albemarle and the Albemarle County Service Authority within the Founders Place right-of-way off Mill Creek Drive Extended in Albemarle County. The Monticello Fire and Rescue facilities are located on Founders Place. The Virginia Department of Transportation is now prepared to accept Founders Place into the state highway system. At the request of the Gas Division, we have drafted an ordinance and deed quitclaiming to VDOT those portions of the easements crossing Founders Place. Discussion: The quitclaim deed requires the gas lines to remain in their present locations, and if the street ceases to be part of the state's highway system, the easements will automatically revert back to the City. The natural gas lines and facilities continue to be owned and maintained by the City even after the easements, or portions thereof, are quitclaimed to the state. Alignment with Council Vision Areas and Strategic Plan: Not applicable. Community Engagement: Not applicable. Alternatives: If the ordinance is not approved, VDOT will not accept the roadway into its road maintenance system. Budgetary Impact: None. Recommendation: Approval of the attached ordinance and quitclaim deed. Attachments: Ordinance and Deed of Quitclaim (with plat attached). AN ORDINANCE TO QUITCLAIM PORTIONS OF NATURAL GAS LINE EASEMENTS WITHIN THE FOUNDERS PLACE RIGHT-OF-WAY LOCATED OFF MILL CREEK DRIVE EXTENDED IN ALBEMARLE COUNTY TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION WHEREAS, the Virginia Department of Transportation (VDOT) is prepared to take over maintenance of the roadway known as Founders Place in Albemarle County; and WHEREAS, the City owns natural gas lines located within this roadway, and also owns easements for such lines, and VDOT has asked that portions of the foregoing easements crossing Founders Place be released upon VDOT's acceptance of the roadway; now, therefore, BE IT ORDAINED by the Council of the City of Charlottesville, Virginia that the Mayor is hereby authorized to execute a deed of quitclaim, substantially the same in form as the deed attached hereto, approved by the City Attorney, for release of portions of the above- described gas line easements to the Virginia Department of Transportation conditioned upon receipt by the City of a VDOT permit allowing said lines to continue to be located in said right- of-way. Prepared by S. Craig Brown, City Attorney (VSB #19286) Charlottesville City Attorney’s Office P.O. Box 911, Charlottesville, VA 22902 Albemarle County Tax Map 91, Parcel 2E and Parcel 1 (Founders Place) This deed is exempt from recordation taxes pursuant to Virginia Code Secs. 58.1-811(A)(3) and 58.1-811(C)(4). DEED OF QUITCLAIM THIS DEED OF QUITCLAIM, made and entered into on this _____ day of __________________, 2017, by and between the CITY OF CHARLOTTESVILLE, VIRGINIA, a municipal corporation, GRANTOR, and the COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION, GRANTEE, whose address is P. O. Box 671, Culpeper, Virginia 22701. WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00) cash in hand paid, receipt of which is hereby acknowledged, the GRANTOR does hereby QUITCLAIM and RELEASE to the GRANTEE, subject to the reservations hereinafter set forth, easements and rights of way, as shown on the attached plat made by the City of Charlottesville Gas Division dated May 17, 2017, to construct, maintain, operate, alter, repair, inspect, protect, remove, and replace certain improvements in the Founders Place right-of-way in the County of Albemarle, namely: Natural gas lines and related gas facilities, or portions thereof, upon, under and across Founders Place, insofar as the land embraced within said easement falls within the boundaries of a public street or highway to be maintained by the Virginia Department of Transportation. Said portions of the gas line easements in Founders Place were conveyed to the City by the following deeds: 1) Deed of Easement dated July 10, 2003 from the County of Albemarle, of record in the Clerk’s Office for the Circuit Court for the County of Albemarle in Deed Book 2526, Page 677; and 2) Deed of Easement dated June 19, 2015 from the Albemarle County Service Authority, of record in the Clerk’s Office for the Circuit Court for the County of Albemarle in Deed Book 4659, Page 128; and 3) Deed of Easement dated May 20, 2015 from the County of Albemarle, of record in the Clerk’s Office for the Circuit Court for the County of Albemarle in Deed Book 4659, Page 119. The Grantor reserves unto itself, its successors and assigns, all of the rights and privileges under the aforesaid Deeds of Easement until such time as the Virginia Department of Transportation has issued a permit to the GRANTOR subject to the following two conditions which shall also be covenants running with the land: 1. That the above described improvements of the GRANTOR may continue to occupy such streets or highways in the existing condition and location. 2. The GRANTOR shall at all times indemnify and save harmless the Commonwealth of Virginia, Department of Transportation, its employees, agents, and officers from any claim whatsoever arising from GRANTOR'S exercise of rights or privileges stated herein. The GRANTEE is to have and hold the above-described property for so long as said property is used as part of its public street or highway maintained by the GRANTEE or its successors or assigns charged with the responsibility and obligation to maintain public streets and highways, but upon abandonment of said property's use for such purposes, all rights, privileges, interests and easements in the property herein described under the aforesaid easements shall revert to the GRANTOR, its successors and assigns. Notwithstanding other language contained herein which might appear to the contrary, the parties agree that GRANTOR shall continue to own in fee simple the gas line improvements located within the above described public roadway. IN WITNESS WHEREOF, the GRANTOR has caused its name to be assigned hereto and its seal to be affixed and attested by its appropriate officers, all after due authorization, on the day and year first above written. CITY OF CHARLOTTESVILLE, VIRGINIA BY: _______________________________ A. Michael Signer, Mayor ATTEST: ______________________________ Clerk of Council STATE OF VIRGINIA CITY OF CHARLOTTESVILLE I, ___________________________, a Notary Public in and for the City of Charlottesville within the State aforesaid, do hereby certify that A. Michael Signer, Mayor of the City of Charlottesville, Virginia, and Paige Rice, its Clerk of Council, whose names are signed to the foregoing writing, bearing date of _____________________, 2017, have each duly acknowledged the same before me within my City and State aforesaid. My Commission Expires: _________________________ Given under my hand this _________ day of _______________________, 2017. ____________________________________ Notary Public Registration #____________ Approved as to Form: _________________________________ S. Craig Brown, City Attorney CITY OF CHARLOTTESVILLE PUBLIC UTILITIES: GAS PLAT SHOWING W N THOSE PORTIONS OF EXISTING GAS LINE EASEMENTS S 9 E LOCATED WITHIN THE ROAD RIGHTS OF WAY OF "FOUNDERS PLACE" TO BE QUIT CLAIMED TO THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION GAS LINE EASEMENTS RECORDED IN ALBEMARLE COUNTY AT: DEED BOOK 2526 P. 677; DEED BOOK 4659 P. 119; AND DEED BOOK 4659 P. 129 R.O DATE: MAY 17, 2017 SCALE: 1" = 80' . SWM W. POND TO: Gas Line Easement VA D.B. 4659 P. 119 & P. 129 RT 7 PORTION OF R.O.W. 4 2 PL GAS LINE not subject to this quit claim. VA ST EASEMENT SUBJECT TO PL ace" "Mill C rs Pl THIS e A n d . QUIT CLAIM. o u R.O.W "F TE RO New R ree .O.W. k Drive Extend UTE ed" New R .O.W. R.O.W. 1150 PORTION OF GAS LINE EASEMENT SUBJECT TO THIS QUIT CLAIM. R.O.W. PL R.O.W. Gas Line Easement The M.A.O.P. of 2" P.E. pipe is 99 P.S.I. D.B. 2526 P. 677 which is <20% S.M.Y.S. not subject to this quit claim. When installed minimum depth was RT 20 TO: VA 42" below paved surfaces and #1515 Monticello 36" in grassy areas. Fire & Rescue CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: July 19, 2017 Action Required: Approval of the FY 2018 – 20 Strategic Plan and City Council Annual Workplan Presenter: Leslie Beauregard, Assistant City Manager Staff Contacts: Maurice Jones, City Manager Leslie Beauregard, Assistant City Manager Title: FY 2018 – 2020 Strategic Plan and City Council Annual Workplan Background: FY 2018 – 2020 Strategic Plan City staff and City Council started a refresh of the current strategic plan in July 2016 with a series of interviews with City Council and engagement of numerous staff over the next several months. This work occurred between July and October 2016, and on November 10, 2016, City Council held a retreat at which time was spent reviewing the refreshed plan and making changes/additions to the plan. Staff has incorporated those changes into the new plan and is presenting these tonight to City Council for their final approval so that implementation may begin on July 1st. City Council Annual Workplan The first recommendation of the City of Charlottesville Efficiency Study, completed and presented to City Council earlier this year, is to have Council “Develop a prioritized annual workplan to strategically guide organizational efforts.” To quote directly from the City of Charlottesville Efficiency Study, “An annual work plan allows the governing body to respond to the changing needs of the community while not supplanting the City’s existing planning efforts. It provides a vehicle for the Council to identify, collectively, those initiatives within the various plans that are to be prioritized by City staff in the coming year. Further, it established clear guidance and accountability to City staff.” A suggested list of workplan items was sent by the City Manager to City Council this past April and include the following: • Streets that Work • Traffic Management • Code Audit and Rewrite • SIA implementation • Belmont Bridge • Small Area Plans: Cherry and Hydraulic/Hillsdale • West Main Streetscape • Parking Strategies and Plan Implementation • CRHA Requests and Needs • PHA Requests and Needs • Landmark Hotel • UVA Relationship and Projects (i.e., West Main Street, Emmett/Ivy, and pipeline) • Arts Support Strategy • Creative Economy • Efficiency Study • Schenck's Branch • Review of Neighborhood Development Services • Community Engagement Policy • Affordable Housing • Workforce Development • Historic Memorials • City Innovation Discussion: FY 2018 – 2020 Strategic Plan There are several documents attached to this memo that reflect the final version of the Strategic Plan as discussed by City Council as of their retreat last fall. It is the intent of this report to approve this plan with those changes made and implementation of the refreshed plan will begin on July 1st. There will then be regular reports made to the public and City Council every quarter, the first report being delivered mid to late October 2017. Staff will be presenting a Power Point during the meeting and will show City Council what a report will look like and the elements that will be included, and will look to City Council to provide feedback on anything else they would like to see in a report. City Council Annual Workplan The draft list, while quite comprehensive, is already in alignment with much of the Strategic Plan. Several of these items can be linked directly to an initiative in the Strategic Plan, which means that a reporting mechanism was already going to be in place. The attached document called Initiatives Roadmap/Alignment with Annual Workplan illustrates which of these workplan items fit nicely within an existing Strategic Plan initiative. These workplan items include: • Workforce Development • Affordable Housing • PHA and CRHA • Traffic Management • SIA • West Main Streetscape • Code Audit and Rewrite • Small Area Plans • Arts Support and Strategy • Creative Economy • Parking Strategies and Implementation • Citizen Engagement There are several of these priorities however that don’t fit as nicely into the Strategic Plan and staff is under the impression that they should be given priority attention at least in reporting out the progress of these on a regular basis. These items include: • Belmont Bridge • Dewberry Hotel • UVA Relationship/Projects • Efficiency Study (will have separate reporting mechanism)/NDS Review • Historical Memorial • City Innovation – this is really embedded in all we do, in particular through the City’s organizational value of Creativity - “We value innovation in the pursuit of excellence. We are a solution-oriented, problem solving organization. We share ideas and use collaborative strategies to achieve efficient, effective, community-focused results.” There are particular projects, such as Open Data and the work of the Innovation Team, that staff can and will be reporting out on as we have done for this initiative in the past few months. Similar to the Strategic Plan, there will then be regular reports made to the public and City Council every quarter, the first report being delivered mid to late October 2017. Staff will be presenting a Power Point during the meeting and will show City Council what a report will look like and the elements that will be included, and will look to City Council to provide feedback on anything else they would like to see in a report. Alignment with City Council’s Vision and Strategic Plan: This agenda item speaks directly to the City’s overall Strategic Plan. Community Engagement: As staff was developing the refreshed Strategic Plan, they took into consideration feedback from the community via surveys and other engagement opportunities that are already occurring. Budgetary Impact: While this approval has no budget impact by itself, there could be budget impact and needed resources should Strategic Plan and Workplan items be implemented and are to move forward. Staff will come back with specific recommendations when necessary. Recommendation: Approve FY 2018 – 2020 Strategic Plan and Annual City Council Workplan. Alternatives: Staff will as much as possible work any changes/recommendations from the discussion tonight into the plans going forward. Attachments: Strategic Plan Summary One Sheet Strategic Plan Goals, Objectives and Measures Initiatives Roadmap/Alignment with Annual Workplan RESOLUTION FY 2018 – 2020 Strategic Plan and City Council Annual Workplan BE IT RESOLVED, by the Council for the City of Charlottesville, Virginia, that the FY 2018-2020 Strategic Plan and City Council Annual Workplan is approved. This page intentionally left blank. City of Charlottesville VISION To be one community filled with opportunity STRATEGIC PLAN (Proposed) MISSION We provide services that promote equity FY 2018-20 and an excellent quality of life in our community GOAL 1: An Inclusive Community of Self-sufficient Residents 1.1 Prepare students for academic and vocational success 1.2 Prepare residents for the workforce 1.3 Increase affordable housing options 1.4 Enhance financial health of residents 1.5 Intentionally address issues of race and equity GOAL 2: A Healthy and Safe City 2.1 Reduce adverse impact from sudden injury and illness and the effects of chronic disease 2.2 Meet the safety needs of victims and reduce the risk of re-occurrence/re-victimization 2.3 Improve community health and safety outcomes by connecting residents with effective resources 2.4 Reduce the occurrence of crime, traffic violations and accidents in the community GOAL 3: A Beautiful and Sustainable Natural and Built Environment 3.1 Engage in robust and context sensitive urban planning and implementation 3.2 Provide reliable and high quality infrastructure 3.3 Provide a variety of transportation and mobility options 3.4 Be responsible stewards of natural resources 3.5 Protect historic and cultural resources GOAL 4: A Strong, Creative and Diversified Economy 4.1 Develop a quality workforce 4.2 Attract and cu ltivate a variety of businesses 4.3 Grow and retain viable businesses 4.4 Promote tourism through effective marketing GOAL 5: A Well-managed and Responsive Organization 5.1 Integrate effective business practices and strong fiscal policies 5.2 Recruit and cultivate a high quality and diverse workforce 5.3 Provide responsive customer service 5.4 Foster effective community engagement Website: www.charlottesville.org/strategicplan Email: p3@charlottesville.org GOAL 1: An inclusive community of self- sufficient and resilient residents OBJECTIVES 1. Prepare students for academic and vocational success 2. Prepare residents for the workforce 3. Increase affordable housing options 4. Enhance financial health of residents 5. Intentionally address issues of race and equity OUTCOME (GOAL) MEASURES INTERMEDIATE MEASURES • residents below 200% poverty • kindergartners passing PALS (literacy assessment) • residents whose housing is cost- • 3rd grade / 5th grade students reading at or burdened (less than 80% of annual above grade level median income paying 30% or more • high school graduates attending college or for housing minus university students earning credentials • city population with GED or HS • GO participants employed diploma • continuum of housing options • homeless individuals • # of units by tenure, # of units by rent (census) • Public housing and housing choice vouchers • RCLCO report • TJACH – shelter beds, transitional housing beds, rapid rehousing/housing fist units • housing support for improved economic mobility • Census data - % of affordable housing by poverty level, educational attainment, employment • supply and demand of housing • RCLCO report data • price and turnover of housing stock • For rent/sales prices – Zillow/CAAR • Turnover of sales – Zillow (unsure how to get rental information) • inventory of rental housing – Census data American Community Survey 5 year estimates (2011-2015 most recent) • supported affordable housing units in City • residents receiving SNAP benefits • students receiving free/reduced meals • residents receiving EITC payments GOAL 2: A healthy and safe city OBJECTIVES 1. Reduce adverse impact from sudden injury and illness and the effects of chronic disease 2. Meet the safety needs of victims and reduce the risk of re- occurrence/re-victimization 3. Improve community health and safety outcomes by connecting residents with effective resources 4. Reduce the occurrence of crime, traffic violations and accidents in the community OUTCOME (GOAL) MEASURES INTERMEDIATE MEASURES • preventable deaths, injuries and • emergency response performance property damage benchmarks (Fire, EMS, Police) • child welfare cases • Data for speed, enforcement, etc. • key data associated with Mobilizing • out of hospital cardiac arrest survival rate Action through Planning and • adult and child protective services reports Partnerships receive timely response and are investigated • crime rates and % change over time within industry standards (within 45 days) • traffic incident rates and % change • recurrence of maltreatment within 2 years of over time entry to the child welfare system • infant mortality rate • Crisis Intervention Team trained public safety personnel • residents who feel safe in their neighborhood day and night • data from MAPP • DMC measures • gun activity (shots fired by neighborhood, etc.), and heroin/opiate use in the City GOAL 3: A beautiful and sustainable natural and built environment OBJECTIVES 1. Engage in robust and context sensitive urban planning and implementation 2. Provide reliable and high quality infrastructure 3. Provide a variety of transportation and mobility options 4. Be responsible stewards of natural resources 5. Protect historic and cultural resources OUTCOME (GOAL) MEASURES INTERMEDIATE MEASURES • community energy and water • planning projects completed use (gas, electricity, water) • site plans approved per City Code • value of total assets (book value • emergency repairs (water, sewer, of assets for everything valued stormwater, gas) over $5,000) • roads rated at fair or above (per • acres per capita of public green Pavement Condition Index) space • public transit ridership #’s • overall appearance of the city • miles of bike and pedestrian trails • revenue generation before and • vehicle miles traveled (VDOT) after development • landfill diversion rate for curbside program • compliance with Chesapeake Bay TMDL • public trees planted (parks)/% of tree canopy citywide • properties with historic overlay GOAL 4: A strong, creative and diversified economy OBJECTIVES 1. Develop a quality workforce 2. Attract and cultivate a variety of businesses 3. Grow and retain viable businesses 4. Promote tourism through effective marketing OUTCOME (GOAL) MEASURES INTERMEDIATE MEASURES • net gain in jobs • GO participants employed • gross receipts by business sector • unemployment rate • commercial occupancy & • business by sectors and the change vacancy rate over time • property values (residential, • City SWAM/DBE vendors commercial, new construction) • sales tax revenues • meals tax revenues • BPOL tax revenues • travel spending • lodging tax revenues GOAL 5: A well-managed and responsive organization OBJECTIVES 1. Integrate effective business practices and strong fiscal policies 2. Recruit and cultivate a high quality and diverse workforce 3. Provide responsive customer service 4. Foster effective community engagement OUTCOME (GOAL) MEASURES INTERMEDIATE MEASURES • bond rating • debt as a % of general fund • citizen satisfaction data expenditures • employee satisfaction data • diversity data for applicants and • community engagement data workforce • Ranking for customer service • turnover rate satisfaction • employee hours of professional • Rating of issues responsiveness development completed. (do not have yet but will have • professional certifications, more data with new online accreditation, and awards system/app being developed) • data from tracking system once online • overall satisfaction & familiarity with values and the Strategic Plan (employee survey data) • NCS survey data • citizens engaging in open public comment at all City government meetings with public comment Charlottesville Strategic Plan Initiatives FY 2018-2020 Vision: To be one community filled with opportunity Mission: We provide services that promote equity and an excellent quality of life in our community Values: Leadership, Excellence, Creativity, Respect, Trust •Deliver and expand •Achieve and maintain •Ensure planning efforts align •Execute Growing with the policies in the •Provide the community with strategies to promote public health and Opportunities report Comprehensive Plan, educational opportunities cradle to college and safety agency recommendations related including plans incorporated about City government (e.g., career support for accreditation. to economic development by reference. **Workplan Citizen Academy, NDS101, NLI) children (e.g., City of •Expand evidence-based •Enact local strategies to •Develop citywide customer Goal 3: A beautiful and sustainable natural and built Goal 4: A well-managed and responsive organization Promise, Early Items – SIA, West Main attract and retain business, services to develop and Goal 1: A resilient community of self-sufficient Education Task Force, Streetscape, Code Audit, service standards and support healthy maximize capital implement training. Small Area Plans, Goal 4: A strong and diversified economy Black Male investment in City and Achievement) families and prevent •Develop a framework of •Administer a CIP consistent provide for a ready Goal 2: A healthy and safe city victimization. with Comprehensive Plan citizen engagement (Workplan •Execute Growing workforce that meets Opportunities report •Execute prevention, priorities business needs Item) education and access •Review and update an and resilient residents recommendations •Implement energy savings •Contribute to achieving the related to self- strategies to meet strategies in pursuit of goals of the CACVB employee reward and sufficiency ** Workplan health, wellness, safety emissions reduction goals and strategic plan recognition program that aligns environment Item- Workforce and self-sufficiency cost savings (Energy with organizational values Development needs. Management Programs, •Create a comprehensive •Collaborate with TJACH •Implement the MAPP, CitySolar, and pursuit of LEED employee development partners to implement CHIP and The WHO certification are a few program that meets the Community Plan To Age-Friendly City examples) organizational and individual End Homelessness recommendations. •Identify and implement water needs •Implement the RCLCO resources and protection •** Workplan Items – Arts •Review and update Housing Study as projects to meet permit support/strategy, creative organizational policies and •** Workplan Item – requirements for pollutant economy promotion, procedures recommended by HAC Traffic Management reductions Parking strategies and ** Workplan Item - Affordable Housing (measures) implementation •Explore the possibility of a •Nee d to add Regional Transit Authority. redevelopment •Administer implementation Initiative? Related to tools consistent with PHA/CRHA? Comprehensive Plan priorities. CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 19, 2017 Action Required: Make a determination to either uphold or overturn the decision of the Board of Architectural Review (BAR) Presenter: Mary Joy Scala, Preservation & Design Planner, Department of Neighborhood Development Services (NDS) Melanie Miller, Chair, BAR Staff Contacts: Alex Ikefuna, Director, NDS Title: 1521 University Avenue - Appeal of Board of Architectural Review (BAR) decision to deny a cell antenna concealment feature Background: The format for an appeal of a BAR decision is: (1) staff report; (2) appellant‟s presentation; and (3) the BAR‟s position presented by the Chair of the BAR, Ms. Miller. The zoning ordinance requires that an applicant shall set forth, in writing, the grounds for an appeal, including the procedure(s) or standard(s) alleged to have been violated or misapplied by the BAR….In any appeal the city council shall consult with the BAR and consider the written appeal, the criteria [standards for review] set forth within section 34-276 or 34-278, as applicable, and any other information, factors, or opinions it deems relevant to the application. [ATTACHMENT 1. Criteria and Standards and Guidelines] 1521-27 University Avenue “the Kenmore Building” was built in 1925 as a commercial duplex. It is a contributing structure in the Corner Architectural Design Control (ADC) district, and in the Rugby Road- University Corner National Register and Virginia Landmarks Register District. It is located opposite the UVA grounds. Mincer‟s has occupied the building since the late 1950‟s [ATTACHMENT 2. Historic Survey]. On April 18, 2017, the BAR reviewed three applications for Verizon Wireless, all located within ADC districts at the Corner and in Venable neighborhood. The BAR approved two of the applications, both located on non-contributing buildings, but denied (5-2) with Schwarz and Graves opposed) the proposal for a cell antenna within a “faux chimney” concealment feature to be located on the center of the flat roof of Mincer‟s, and related telecommunication equipment to be located on the outside of the east wall above the Virginian. [ATTACHMENT 3. BAR staff report April 18, 2017] The BAR‟s full motion was: Gastinger moved and Balut seconded to deny a COA for BAR 17-04-02, proposing installation of wireless communication transmission equipment on the roof of a building located at 1521-1527 University Avenue, because the proposed installation(s) and concealment feature is NOT architecturally compatible with the character of this property or the Corner ADC District. The nature and placement of the proposed “chimney” is not typical or common within this ADC District relevant for the structure, and is not in keeping with the commercial character of the existing building. The following Standards and Guidelines are referenced:  Standard #3 for the review of construction and alterations related to the interior standards for rehabilitation [Sec 34-276 (3) The Secretary of the Interior Standards for Rehabilitation set forth within the Code of Federal Regulations (36 C.F.R. §67.7(b)), as may be relevant]  page 25 related to roofs  page 28 related to building exterior roofs. (NOTE: A new BAR member referenced the Secretary of Interior‟s Standards instead of the ADC district Standards and Guidelines. The ADC Guidelines are based upon the Secretary of Interior‟s Standards, which are available online, and which apply to the rehabilitation of any contributing building in any historic district in the United States. The pertinent ADC Standards and Guidelines were included in the April 18, 2017 staff report for the BAR‟s consideration.) Discussion: In 2012, congress enacted the “Spectrum Act” to facilitate expansion of wireless broadband services. Localities cannot deny, and must approve, the proposed placement of antennas on existing towers and base stations, if the physical dimensions of the tower or base station will not be substantially changed. Note that the approval of even a single antenna on a building makes that building into a new “base station.” As a result of the 2012 federal “Spectrum Act,” the Telecommunication Facilities section of the City‟s zoning ordinance was changed in September of 2016. Pertinent sections are: Sec. 34-1073. Design control districts. (a)Within the city's historic and entrance corridor overlay districts attached communications facilities that are visible from any adjacent street or property are prohibited; provided, however, that by special use permit city council may authorize such facilities on a specific lot. Sec. 34-1080. Visibility and placement.... (b) Attached communications facilities that are permitted only if not visible from adjacent streets or properties shall comply with the following standards: (1)Such facilities must be concealed by an architectural feature or lawful appurtenance of the support structure, provided that ground-level equipment may be concealed by landscape screening. (2) The concealment referenced in [subsection] (b)(1), above, shall be provided to such an extent that the communications facilities cannot be distinguished from the architectural feature, appurtenance, or landscape plantings used to conceal them. (3)Within a design control district, any exterior construction, reconstruction, and alteration proposed for the purpose of providing concealment for any component of a communications facility requires a certificate of appropriateness. For any COA application, the BAR must approve an application unless it finds the proposal does not meet ADC district standards, or applicable guidelines, and the proposal is incompatible with the historic, cultural or architectural character of the district in which the property is located. In making their determination in this case, the BAR considered that currently, there is no existing telecommunications equipment on the roof of Mincers. A memo dated September 24, 2015, sent by the Chief Deputy City Attorney [ATTACHMENT 4. City Attorney memo], emphasizes the significance of the first approval of telecommunication equipment on a building: “Upon approval of even a single antenna to be located on an existing building, the City creates an „existing base station‟”. Therefore, collocations of new or replacements antennas cannot be denied if federal criteria are met.” The BAR determined that the proposed equipment and the specific type of proposed concealment, the “faux chimney” screening, would adversely affect the character of this property within the ADC District, because “The nature and placement of the proposed „chimney‟ is not typical or common within this ADC District relevant for the structure, and is not in keeping with the commercial character of the existing building.” Alignment with City Council’s Vision and Strategic Plan: Upholding the BAR‟s decision aligns with Council‟s vision for Charlottesville Arts and Culture: Charlottesville cherishes and builds programming around the evolving research and interpretation of our historic heritage and resources. It contributes to Goal 2 of the Strategic Plan, to be a safe, equitable, thriving and beautiful community, and objective 2.5, to provide natural and historic resources stewardship. Community Engagement: The abutting owners were required to be notified of the Certificate of Appropriateness application. Staff received five emails from the public in opposition to the proposed cell antenna. [ATTACHMENT 5. Letters received] Members of the public also participated in the public comments portion of the BAR meeting. Budgetary Impact: None. Recommendation: Council must consider the written appeal; the BAR‟s determination based on ADC district standards and guidelines, and the proposal‟s incompatibility with the character of the district; and Council may consider any other information, factors, or opinions it deems relevant to the application. Staff recommends that City Council uphold the BAR‟s decision. However, should Council support the appeal, then Council should refer it back to the BAR for action because the first approval of telecommunications equipment on a building would requires specific approval language. Alternatives: 1. City Council may determine that the BAR‟s decision to deny the certificate of appropriateness for a proposed telecommunications facility on 1521 University Avenue was correctly made, and may therefore uphold the BAR‟s decision. 2. City Council may determine that the BAR‟s decision to deny the certificate of appropriateness for a proposed telecommunications facility on 1521 University Avenue was incorrectly made, and may overturn the BAR‟s decision. In that case, Council should refer the application back to the BAR for action because the first approval of telecommunications equipment on a building would requires specific approval language. Attachments: 1. ADC District Criteria [Zoning Ordinance Section 34-284 (b)] and Standards for Review of Construction and Alterations [Zoning Ordinance Section 34- 276] and pertinent ADC District Guidelines 2. Historic Survey 3. BAR staff report April 18, 2017 4. City Attorney memo 5. Letters received 6. Additional photosimulations from applicant (not included in BAR's original package) ATTACHMENT 1. ADC District Criteria [Zoning Ordinance Section 34-284 (b)] and Standards for Review of Construction and Alterations [Zoning Ordinance Section 34-276] And pertinent ADC District Guidelines (all included in April 18, 2017 BAR staff report) Review Criteria Generally Sec. 34-284(b) of the City Code states that, In considering a particular application the BAR shall approve the application unless it finds: (1) That the proposal does not meet specific standards set forth within this division or applicable provisions of the Design Guidelines established by the board pursuant to Sec.34-288(6); and (2) The proposal is incompatible with the historic, cultural or architectural character of the district in which the property is located or the protected property that is the subject of the application. (Section 34-276) Pertinent Standards for Review of Construction and Alterations include: (1) Whether the material, texture, color, height, scale, mass and placement of the proposed addition, modification or construction are visually and architecturally compatible with the site and the applicable design control district; (2) The harmony of the proposed change in terms of overall proportion and the size and placement of entrances, windows, awnings, exterior stairs and signs; (3) The Secretary of the Interior Standards for Rehabilitation set forth within the Code of Federal Regulations (36 C.F.R. §67.7(b)), as may be relevant; (4) The effect of the proposed change on the historic district neighborhood; (5) The impact of the proposed change on other protected features on the property, such as gardens, landscaping, fences, walls and walks; (6) Whether the proposed method of construction, renovation or restoration could have an adverse impact on the structure or site, or adjacent buildings or structures; (8) !ny applicable provisions of the ity’s esign Guidelines. Pertinent Design Review Guidelines for Site Design and Elements H. Utilities and Other Site Appurtenances Site appurtenances, such as overhead utilities, fuel tanks, utility poles and meters, antennae, exterior mechanical units, and trash containers, are a necessary part of contemporary life. However, their placement may detract from the character of the site and building. 1. Plan the location of overhead wires, utility poles and meters, electrical panels, antennae, trash containers, and exterior mechanical units where they are least likely to detract from the character of the site. 2. Screen utilities and other site elements with fences, walls or plantings 3. Encourage the installation of utility services underground. 4. Antennae and communication dishes should be placed in inconspicuous rooftop locations, not in a front yard. 5. Screen all rooftop mechanical equipment with a wall of material harmonious with the building or structure. ATTACHMENT 2. Historic Survey cfile/Jllijl~xdt'on. STREET ADDRESS: 1525-1527 University Avenue HISTORIC NAME: Kenmore Bui I ding MAP S PARCEL: 9-82 DATE I PERIOD: 1923 CENSUS TRACT AND BLOCK: STYLE : Vernacu 1ar PRESENT ZONING: B-3 Wi 11 iam s. Brady HEIGHT (to cornice) OR STORIES: 3 storeys ORIGINAL OWNER: Eugene Hildreth, Fannie P. Brady and DIMENSIONS AND LAND AREA: 59.3' x (3904 sq. ft.) ORIGINAL USE : Grocery/Men's Clothing Store CONDITION : Good PRESENT USE: Tobacconist and Bookstore SURVEYOR : Bibb PRESENT OWNER: Hampton Bu i 1ding Corporation DATE OF SURVEY ; Summer 1986 ADDRESS: 1527 University Avenue SOURCES: City Records Ch'ville City Directories Charlottesville, Virginia 22903 Sanborn Map Co. - 1920, 1929-57 Eddins Around the Corner After War 1d War_ _1 ARCHITECTURAL DESCRIPTION This duplex store building with apartments above is three storeys tall and two bays wide. Wall construction is of brick, laid in stretcher bond on the facade and east side and 4-course American-with-Flemish bond on the Elliewood Avenue elevation. Brick quoins mark the corners and separate the bays on the facade and the first bay on the Elllewood elevation. Both storefronts have recessed entrance loggias at the eastern side with 15-light doors and 3-light transoms. (The entrance to the eastern store room was closed in 1986). The eastern storefront has a slate pentroof with a steep half-timbered central gable with a scalloped bargeboard and a finial and pendant. The display window is in the form of a Victorian veranda, with turned posts at the corners and a turned balustrade below. There was once an ar,ched opening between this entrance loggia and the one in the building to the east, from which ~n open stair gives ~ccess to the basements of both buildings. The western storefront is much plainer. There is a sign at the level of the other's pent-roof, and both probably cover glass-brick panels matching the one remaining in the first bay of the side elevation. A brick cornice with mousetoothing extends across both storefronts . Second and third storey windows on the facade are segmental-arched tri-partite compositions consisting of a 6-over-6 light window flanked by two narrow 1-over-1 light windows. A wooden cornice with modi] I ions extends across the fdcade and along the Elllewood Avenue elevation below a plain brick parapet. The building extends back eight bays along Ell iewood Avenue. In all but the end bays, there are segmental-arched 6-over-6 light windows at the upper levels and short and high segmental-arched windows (now closed) at the first storey level. In the rear bay, a frontispiece entrances gives access to the apartments above. Fluted pilasters carry an entablature with triglyphs and dentil moulding. The name KENMORE is over the door. Fennestration on the rear elevation is irregular, with windows on the stair landings. HISTORICAL DESCRIPTION Eugene Hildreth, Fannie P. Brady and Wl lliam S. Brady purchased this lot in 1923 (City DB 42-27~; 43-41, 440; 45-453). Tax records show that this building was erected the same year, and it appears on a plat in 1924 (DB 46-495). Mrs. Brady eventually acquired full ownership {WB 3-413, 436; DB 85-270), and she sold toW. D. Haden in 1943 (DB 114-227). Hampton Building Corporation bought it from his estate In 1970 (WB 5-333, DB 317-468). The eastern store room was occupied by Collins, Inc., a men's clothing store, from the mid--1930's until the mid-1950's, and then by Rehmann' University Sport Shops until 1986. Two grocery stores, the Cash and Carry and then the A & P, occupied the western store room in its first decade. Then it housed a restaurant called The Corner Shops from the mid-1930's until the mid-1950's. It has housed Mincer's Pipe shop since the late 1950's. The basement was occupied by a pool room in the 19330's and 1940's. loii~Tnglr. I AwnuAglt~ r.nuut~~tn..a - n~PARTU~NT OF cnUUUNITY b£VELOPMENT Sources and bibliography Publishl'd sourc~s (Books, articles, etc., with bibliogr~p1hic datJ.) -·;sae t~~""' 1~-tt>'-lv-..\ ~"- ~.n~·.--.e'< a...'""'~ \.D.\)_;.:r. ~ - ·--· · ··-- -- - --- -- - ---··---- I \ctll. Primary sources (M anuscript documentary or graphic matnials: give location.) \l\7 o Sa"'>-."' r.,.. fflt~ ~ \ '<'<'<'~' ' \. • ~ '\ \J • '-:·o N>l'> )j p~roY-'>~ ( l'll: I .• I i ~ i: .i ;i ·'l"l'JMJt]i 1i - 'tH i i ; -,---j-l- , I ·_ ! I! i I ' ; i I -:::-;-~· I-: -j County---------------­ l'hotographcr ..J. i- • "-.r .I Con Ienis . .. lf~ --'-· ..'.:!..:.... - ­ ·­ - - - - - - - - - - - -·· .... --·- ··· ··-· - - - - - - NPS Form !0.8CJO.• OMB No. 1024-0018 ~ EJp. 10-31-84 United States Department of the Interior National Park Service National Register of Historic Places Inventory-Nomination Form RUGBY ROAD-UNIVERSITY CORNER HISTORIC DISTRICT, CHARLOTTESV Continuation sheet /!43 Item number 7 Page 43 7. DESCRIPTION-- Inventory (continued) UNIVERSITY AVENUE (continued) 1500 Block (continued) 1517 (Sophie's): Dance hall on main floor. Neo-Georgi8.n Commercial . Ca. 1920s. Brick (random American bond); 2 stories; parapet roof; 4-bay front, including angled bay at E corner of building. Entry located in arched recess flanked by brick pilasters; Classical cornices above first and second stories. From 1942 to 1983, this Neo-Classical commer- cial building housed the University Cafeteria, one of the area's most popular eating establishments. 1521-23 (The Virginian): Restaurant; shops in basement. Commercial Vernacular. Ca. 1920s. Brick {stretcher bond); 1 story; parapet roof; asymmetrical 3-bay front; ~ecessed entry to basement shops; modern shopfront of traditional form and materials. This single-story brick structure repeats the parapet roof and mousetooth brick cornice of its neighboring 1920s commercial buildings. 1525-27 (Kenmore Building): Shops on first floor, apartments above. Decorated Vernacular. Ca. 1920s. Brick (stretcher bond); 3 stories; parapet roof; 4-bay front. Rusticated brick quoins; corbelled mousetooth brick cornice above shopfronts; wooden modillion cornice below parapet; triple windows with segmental-arched heads; shopfront at No. 1525 fea- tures decorative Tudor-style cross-gable with mock half-timbering and scalloped barge boards. Occupying a prominent corner lot at the inter- section of Elliewood Avenue, this handsome 3-story brick building fea-. tures a Tudor-style shopfront at No. 1525. Next door at No. 1527 is Mincer's tabacconist and bookseller, for over three decades one of the most popular shops on the Corner. 1601 (Stevens-Shepherd Building; Arnette's): Department store. Nee- Georgian Commercial. Ca. 1925. Brick (stretcher bond); 2 stories; parapet roof; symmetrical 3-bay front. Round-arched shop windows; recessed arched entry with large traceried fanlight; wooden entabla- ture above first story, and corbelled brick cornice above second story. This attractive Nee-Georgian commercial building housed the Stevens- Shepherd Company, an exclusive men's clothing store, from the 1920s to the early 1960s, *1609 (Burger King): Restaurant. Vernacular. Built 1972. Brick veneer (stretcher bond); 1 story; "clip-on" mansard roof; symmetrical 3-bay front with large plate-glass windows. This modern building is relatively inconspicuous~ being set back from the s tre et with a gigan tic hickory tree in front of i to (See Continuation Sheet II 44) ATTACHMENT 3. BAR staff report April 18, 2017 CITY OF CHARLOTTESVILLE BOARD OF ARCHITECTURAL REVIEW STAFF REPORT April 18, 2017 Certificate of Appropriateness Application BAR 17-04-02 1521 University Avenue Tax Parcel 090082000 Hampton Building Corporation, Owner/ Verizon, Applicant Proposed cell antenna Background 1521 University Avenue is a brick commercial vernacular structure circa 1925. It is a contributing structure in the Corner ADC District, and in the Rugby Road- University Corner National Register District. It is a 3-bay vertical frame with boarding below, one story parapet, with a flat roof. It has a corbelled cornice below the parapet with an angle recessed doorway in the west bay leading to a basement stairway. It also has a recessed entrance in the center bay, and a single plate glass window. After World War I the building housed a sandwich and soda fountain run by Mr. Billy Gooch and Ellis Brown. (The historic survey is attached.) Application The applicant is requesting approval the installation of a new attached, concealed, wireless telecommunications facility to be installed on the roof of the Mincer’s UVA Imprinted Sportswear. This data node facility will consist of a 6;7”(W) x 23;6”(L) panel antenna that will be mounted using a non-penetrating, ballasted sled and enclosed within a stealth concealment chimney near the center of the roof. The chimney will be designed to look like bricks, using color and textures that closely match the bricks and mortar of the existing building. It will extend 4 feet above the highest point of Mincer’s building wall; The supporting base station transmitting equipment will consist of a radio cabinet that is approximately 23;4”(L) x 19;4”(W) x 10;8”(D), two Remote Radio Heads and a fiber optic cable Diplexer (coupler), which will be mounted on the side building wall with access to be provided from the roof of The Virginian restaurant. The applicant sates that this equipment, which is like various types of other electrical equipment will not be visible from University Avenue, due to the existing parapet wall the currently screens HVAC units and other rooftop utilities. Other views from nearby properties and the UVa grounds will be obscured and/or blocked completely by the walls of adjoining buildings and trees lining the southern side of University Avenue. The security cabinet can also be painted to match the existing wall or any other color that is deemed acceptable by the BAR. Criteria and Guidelines Review Criteria Generally Sec. 34-284(b) of the City Code states that, In considering a particular application the BAR shall approve the application unless it finds: (3) That the proposal does not meet specific standards set forth within this division or applicable provisions of the Design Guidelines established by the board pursuant to Sec.34-288(6); and (4) The proposal is incompatible with the historic, cultural or architectural character of the district in which the property is located or the protected property that is the subject of the application. Pertinent Standards for Review of Construction and Alterations include: (1) Whether the material, texture, color, height, scale, mass and placement of the proposed addition, modification or construction are visually and architecturally compatible with the site and the applicable design control district; (2) The harmony of the proposed change in terms of overall proportion and the size and placement of entrances, windows, awnings, exterior stairs and signs; (3) The Secretary of the Interior Standards for Rehabilitation set forth within the Code of Federal Regulations (36 C.F.R. §67.7(b)), as may be relevant; (4) The effect of the proposed change on the historic district neighborhood; (5) The impact of the proposed change on other protected features on the property, such as gardens, landscaping, fences, walls and walks; (6) Whether the proposed method of construction, renovation or restoration could have an adverse impact on the structure or site, or adjacent buildings or structures; (8) !ny applicable provisions of the ity’s esign Guidelines. Pertinent Design Review Guidelines for Site Design and Elements H. Utilities and Other Site Appurtenances Site appurtenances, such as overhead utilities, fuel tanks, utility poles and meters, antennae, exterior mechanical units, and trash containers, are a necessary part of contemporary life. However, their placement may detract from the character of the site and building. 6. Plan the location of overhead wires, utility poles and meters, electrical panels, antennae, trash containers, and exterior mechanical units where they are least likely to detract from the character of the site. 7. Screen utilities and other site elements with fences, walls or plantings 8. Encourage the installation of utility services underground. 9. Antennae and communication dishes should be placed in inconspicuous rooftop locations, not in a front yard. 10. Screen all rooftop mechanical equipment with a wall of material harmonious with the building or structure. Discussion and Recommendations In 2012, congress enacted the “Spectrum Act” to facilitate expansion of wireless broadband services. Localities cannot deny, and must approve, the proposed placement of antennas on existing towers and base stations, if the physical dimensions of the tower or base station will not be substantially changed. The Telecommunication Facilities section of the City’s zoning ordinance was changed in September of 2016, due to the 2012 federal “Spectrum Act;” Pertinent sections are: Sec. 34-1073. Design control districts. (a) Within the city's historic and entrance corridor overlay districts attached communications facilities that are visible from any adjacent street or property are prohibited; provided, however, that by special use permit city council may authorize such facilities on a specific lot. Sec. 34-1080 (a) Attached communications facilities that are permitted to be visible from adjacent streets or properties shall comply with the following standards: (1) Such facilities shall be designed and located so as to blend in with the existing support structure. The facilities shall be attached to the support structure in the least visible location that is consistent with proper functioning of equipment. The colors of the facility and the attachment structure will be coordinated, and compatible neutral colors shall be utilized. (b) Attached communications facilities that are permitted only if not visible from adjacent streets or properties shall comply with the following standards: (1) Such facilities must be concealed by an architectural feature or lawful appurtenance of the support structure, provided that ground-level equipment may be concealed by landscape screening. Currently, there is not any existing telecommunications equipment on the roof of Mincers. The BAR should read the attached September 24, 2015 memo sent by the City Attorney on telecommunication issues, and decide if adding this proposed equipment and its screening will adversely affect the character of this property within the ADC District. In a subsequent communication regarding 1521 University Avenue, she writes: “The proposed attached [communications] facility is not visible from an adjacent street, so it is permitted by right in the CD, however, per 34-1080(b), concealment is required and, in an ADC District a COA is required for addition of a concealment feature. /action on both the O! application and zoning verification will be completed within 60 days (this is not an eligible facilities request).” Staff would like to add while there may be little aesthetic impact on the overall property, putting telecommunications equipment on this roof will open up the property to the additions of more antennas in the future. Therefore, the BAR should discuss how future antennas would be screened. The city attorney writes, “Upon approval of even a single antenna to be located on an existing building, the City creates an ‘existing base station’”. Therefore, collocations of new or replacements antennas cannot be denied if federal criteria are met.” The BAR may want further clarification of the appearance of the equipment to be located on the lower roof, and the conduits that will run along the rear of the building to make sure they will not have unexpected impacts. Suggested Motion Having considered the standards set forth within the City Code, including City Design Guidelines for Site Design and Elements, I move to find that the proposed cell antenna and additional telecommunications equipment satisfy/do not satisfy the BAR’s criteria and are compatible/ not compatible with this property and other properties in The Corner ADC District, and that the BAR approves/denies the application as submitted, (or with the following modifications<); ATTACHMENT 4. City Attorney memo From: Robertson, Lisa Sent: Thursday, September 24, 2015 4:46 PM Subject: Telecomm Issues Members of the BAR and ERB, I am writing to call to your attention two circumstances in which applications seeking approval for installation of telecommunications equipment will not be subject to BAR/ ERB review. Staff has two pending applications that must be approved per federal law, but we wanted to provide you with the following information before approval letters are sent out. 1. “Eligible Facilities Requests” pursuant to the Federal Spectrum Act. You may or may not be aware that, in 2012, as part of the Middle Class Tax Relief and Job Creation Act, Congress enacted the “Spectrum Act” in order to (among other things) facilitate the expansion of wireless broadband services. Pursuant to Section 6409 of the Spectrum Act (codified at 47 U.S.C. Sec. 1455(a)) localities cannot deny, and must approve, the proposed placement of antennas on existing towers and base stations, if the physical dimensions of the tower or base station will not be substantially changed. The FCC regulations implementing the Spectrum Act requirements are attached to this e-mail. In a nutshell: in cases where (i) an existing building currently serves as the support for any “transmission equipment”, including any antenna (together, the building and transmission equipment are referred to as an “existing base station”), (ii) the existing base station was reviewed and approved under the local zoning process, or an applicable state review process, (iii) the installation as proposed will not defeat any concealment element(s) of the building/ support structure, and (iv) the physical dimensions of the existing base station will not be substantially changed, then federal law prohibits the City from doing anything other than approving the application. Upon approval of even a single antenna to be located on an existing building, the City creates an “existing base station”. Thereafter, collocations of new or replacement antennas cannot be denied if federal criteria are met. Localities cannot make applicants comply with general submission requirements for site plans or other development reviews—for “Eligible Facilities”, the City may only require the submission of a minimal amount of information, as necessary to demonstrate that the federal criteria are met. The City is required to make a decision on an Eligible Facilities request within 60 days of the day on which the application is received. Therefore, going forward, when NDS receives “Eligible Facilities” Requests, I am recommending that those requests be reviewed by staff in relation to the applicable criteria, and then approved by the Director of NDS without review by either the BAR or the Entrance Corridor Board. At the existing Monticello Hotel Building (500 Court Square) there are two pending applications (see attached draft correspondence). We have reached the 60-day deadline, and the applicants‟ attorney is requesting a decision. For each: (i) the existing building serves as the support for numerous items of transmission equipment, including antennas; (ii) one or more of the existing equipment items located on the rooftop was previously approved by the City, either upon original installation, or subsequent replacement; (iii) none of the existing equipment is concealed by any feature of the building, so there are no existing “concealment elements” that could be defeated by additional [unconcealed] antennas, and (iv) we have two applications which, according to plans and the certification of an attorney, propose installation of antennas in a manner that will not substantially change the physical dimensions of the existing base station. It is my opinion that these two applications must be approved administratively by the Director, without going through zoning review procedures, because there are no local limitations or requirements (other than USBC requirements) that can be imposed on these installations. 2. Certain “attached communications facilities” within historic and entrance corridor districts Under Sec. 34-1073 of the City‟s Zoning Ordinance, certain attached communications facilities are permitted uses within the City‟s historic and entrance corridor districts. These permitted facilities, so long as they comply with certain height and dimensional requirements, are not subject to the requirement for a certificate of appropriateness—only a building permit is required. See City Code 34-1083. The facilities are as follows:  Attached communications facilities that utilize utility poles, or other electric transmission facilities, as the attachment structure (subject to certain visibility requirements of Sec. 34-1080), and  Other attached communications, e.g., antennas mounted on an existing building, if they are invisible (“not visible from any adjacent street or property”). Examples: antennas concealed within existing exterior light fixtures; antennas concealed within an existing chimney structure. For these facilities, compliance with the visibility, placement and dimensional requirements of the Code must be verified by zoning staff administratively, prior to the building official‟s issuance of a building permit. Note: I will qualify the above by saying that, in the event a NEW structure is proposed to be added onto an existing building—to serve as the concealment mechanism for an antenna— (for example, a fake chimney) then a certificate of appropriateness would need to be obtained for the new structure. (As part of that review, the BAR/ ERB should also address how subsequent antennas added to the same site will be concealed). Recommendation: I recommend that, when the BAR or ERB receives an application seeking approval of the first antenna proposed on a building, the applicable review board (or staff granting administrative approval, if applicable) should consider requiring a comprehensive concealment plan demonstrating how that first, and each potential subsequent antenna, will be and remain concealed in the future. (See Paragraph 1, preceding above). If you don‟t establish concealment requirements with the very first approval, then the new federal regulations don‟t allow you to require concealment at the time when additional antennas are later proposed to be added. We are planning to send the letters out tomorrow. Feel free to contact me with any questions. Lisa Lisa A. Robertson, Esq. Chief Deputy City Attorney City of Charlottesville| Office of The City Attorney P: 434.970.3131 | robertsonl@charlottesville.org ATTACHMENT 5. Letters received From: Chris Hendricks [mailto:chris@mincers.com] Sent: Monday, April 17, 2017 1:59 PM To: bar@charlottesville.org Subject: Proposed Cell Tower on University Ave Members of the Charlottesville Board of Architectural Review, I arrived in Charlottesville in 1989 as a student at the University of Virginia. I have lived and worked in our town since the fall of 1989. The historic UVA Corner has been a second home to me for the last 26 years as a student at UVA, and then as an employee at Mincer‟s. I am opposed to the cell tower being placed on the roof of our historic building. A fake fiberglass chimney and cell tower have no place on a building listed on the National Historic Register. Please reject the proposal to add a microcell to the roof at 1527 University Ave. Thanks, Chris Hendricks UVA Class of 1993 chris@mincers.com From: Suzanne Clark [mailto:sleighc6221@gmail.com] Sent: Monday, April 17, 2017 4:13 PM To: caschwarz83@gmail.com; Justin.sarafin@alumni.virginia.edu; Whit@evergreenbuilds.com; melanie@houseofmillers.com; bgastinger@gmail.com; corey.clayborne@gmail.com; earnst.emma@gmail.com; sbalut@hotmail.com; tmohr@tmdarch.com Subject: Allowing Verizon Antenna Good Evening, I have been informed of the meeting this evening regarding Verizon and Mincers. I do not feel there should be an antenna allowed on the roof of Mincers. The corner is an Historic area, where tourists visit and spend money,and it should be protected.. Thank you for your consideration in this matter. Sincerely, S. Clark From: Jones, Susan [mailto:susan@pvcinc.com] Sent: Monday, April 17, 2017 10:30 AM To: caschwarz83@gmail.com; Justin.sarafin@alumni.virginia.edu; Whit@evergreenbuilds.com; melanie@houseofmillers.com; bgastinger@gmail.com; corey.clayborne@gmail.com; earnst.emma@gmail.com; sbalut@hotmail.com; tmohr@tmdarch.com Subject: OPPOSED: Verizon Wireless antenna on top of Mincer's Dear BAR members, Please do not permit a Verizon Wireless tower (or any tower for that matter) to be placed atop the historical Mincer‟s building, or any other iconic buildings on University Ave. This area deserves the same protections as the other historical areas in Charlottesville and no technology should be visible from the lawn when looking over at The Corner buildings. I am a Verizon Wireless customer and never have any trouble getting connected anywhere on The Corner, so I do not see why this tower is even needed. You are now the only the historical heart and soul of Charlottesville. The City Council seems determined to tear down old buildings, overbuild on any available property and cram any tax producing building in all corners of Charlottesville, without regard to historical significance, architectural continuity, neighborhood culture and maintaining our “Green City‟ status. We count on all of you to help protect these areas and are grateful for your work. Kindest regards, Susan Jones Local property owner and townie (born and raised here) 1204 Edge Hill Rd. Charlottesville, VA 22903 (804) 339-3941 Shjones000@aol.com From: Mark Mincer [mailto:mark@mincers.com] Sent: Monday, April 17, 2017 1:24 PM To: BAR Subject: OPPOSED: Verizon Equipment on The Corner Members of the Board of Architectural Review, I have worked here on The Corner for my grandfather, my father and now myself for over forty years. Unfortunately, I am now a tenant in this building, without direct input on decisions like this. I am very much opposed to the Verizon equipment on our roof for many reasons including, but not limited to: The addition of a false chimney is not in keeping with the historic character of this building that is listed on the National Historic Register and the Secretary of the Interior's Standards for the Treatment of Historic Properties. Adding a non-essential structure to the existing roof of a historic building could damage the integrity of the structure unnecessarily. This structure, a fake chimney, will be visible during the early Spring, late Fall, and Winter months as you look East down The Corner from in front of the Bank of America building and the historic UVA grounds. This changes the historic context of this building and is not in keeping with BAR guidelines for development in a Charlottesville Historic District. For these reasons, I ask the Board of Architectural review reject the proposal to add a microcell structure on the rooftop of 1527 University Avenue. _________________________ Mark Mincer President/Owner http://www.mincers.com Mincer's University of Virginia Imprinted Sportswear 1527 University Avenue Charlottesville VA 22903 (434) 296-5687 fax (434) 971-8821 mincer@cstone.net Mark Mincer [mailto:mark@mincers.com] Sent: Monday, April 17, 2017 2:04 PM To: BAR Subject: Legal Opinion on the Verizon equipment Letter to me from John Little attached. _________________________ Mark Mincer President/Owner http://www.mincers.com Mincer's University of Virginia Imprinted Sportswear 1527 University Avenue Charlottesville VA 22903 (434) 296-5687 fax (434) 971-8821 mincer@cstone.net f'.l>WARD B. LOWRY OjCaw/.l"ef RONALD R TW£El. EDWARD R SLAUGHTER, ]R GARY W KENDAL:. JOHN V Lf1TLE Relfrtld El.!ZAfJEnt P COlJGiiTER THO.\.IAS J MICHIE JAME> P C:OX,lll LEROY It HAMJ.mT, }K M JlRVAN SLAUGffJ"EK (VA. WV) CHRISTrNE ntOMSON J GREGOHY WEUO (Vi\, WV) R LEE L iVINGSTON -J.iiuiCe oii:-\sMi!SS'EN DAVIDW THOMAS(VA, DC) i\11CJ iWl IA:\ILJTr (1946-2004) F. KYlE MCNEW i\ nnR!\FY' ·I r L\IX' JASON P SElDEN JORDAN E MCKA;·(VA. DC) LISA S Br Reduce local GHG > Address the impacts of emissions. climate change. > Measure community > Identify climate hazards. emissions inventory using > Assess vulnerabilities. the GPC – a consistent and robust standard. > Develop climate adaptation plans. > Set data-based targets for the future. > Develop climate action plans to deliver on city targets. A city may register at carbonn Climate Registry or CDP or email a letter of intent to join to info@compactofmayors.org. (A template letter is available for download on www.compactofmayors.org.) 11 STEP 2 — INVENTORY TAKE INVENTORY. MITIGATION ADAPTATION ••Build and complete a • Identify climate hazards community-wide GHG inventory using the GPC • Report hazards via the CDP or carbonn Climate Standard. Registry questionnaires. • Report via CDP or carbonn Climate Registry. In year one, cities only need to report on emissions in two sectors: stationary energy and inboundary travel. In year two, they must report on all sectors. 12 STEP 3 — TARGET SET REDUCTION TARGETS. MITIGATION ADAPTATION • Update GHG inventory to • Assess climate change also include a breakdown vulnerability utilizing of emissions from waste Compact guidance. sector. • Report in chosen platform. • Set GHG reduction target. ••Report in chosen platform. 13 STEP 4 — PLAN CREATE EITHER A JOINT OR INDIVIDUAL ACTION PLAN TO ADDRESS CLIMATE MITIGATION AND ADAPTATION. MITIGATION ADAPTATION • Develop climate action • Develop a climate plan demonstrating how change adaptation plan city will deliver on its demonstrating how the commitment to reduce city will adjust to actual or greenhouse gas emissions. expected climate change impacts. • Report in chosen platform. • Report in chosen platform. Once Step 4 has been completed, a city will have met all of the Compact of Mayors requirements and will be fully compliant. To maintain compliance, a city will report its progress on mitigation and adaptation annually. 14 HOW TO REPORT: REPORTING VIA CDP 1. Register your commitment. 2. Report your inventory and climate risk. 3. Report your target. 4. Upload your climate action plan. 15 HOW TO REPORT: REPORTING VIA CARBONN CLIMATE REGISTRY 1. Register your commitment. 2. Report your inventory and climate risk. 3. Report your target. Step 1: Go to www.carbonn.org 4. Upload your Step 2: Login or Register climate action Step 3: Tick box - intent to comply plan. with Compact of Mayors, add date and upload commitment letter. 16 HOW DOES THE COMPACT OF MAYORS SHOWCASE CITY ACTION? Once cities input their data into carbonn Climate Registry or CDP, data is: • Consolidated in the Compact’s central database, the carbonn Climate Registry, accessible through… A city profile: A searchable database: Including highlights around All city Compact data will be commitment status, key made available publicly through a actions taken and a mayoral consolidated database; every city profile. will input the same data. • Aggregated to show the collective impact of all Compact commitments: > A summary number of GHG impact of all city commitments, globally > A summary number of population covered by city commitments, globally • Shared with the UNFCCC NAZCA (The Non-state Actor Zone for Climate Action) website via the carbonn Climate Registry database as an input into the official UN climate negotiation process 17 RESOURCES FOR CITIES Measurement and planning tools for cities at each step Tools for compliance of process: GHG inventory, climate action planning, risk assessment framework and more Technical support Materials and guidance documents covering GPC inventories, and training climate action planning, risk assessment, etc. Direct support info@compactofmayors.org 18 TELL YOUR STORY Once a city commits to the Compact of Mayors, we will work with you to tell your story, including: A press release announcing participation A letter to share with mayors in your network Media relations > Statements Social media templates > Commentary A city profile on the Compact of Mayors > Media interviews website: www.compactofmayors.org > Op-eds 19 THE ROAD TO COP 21 APRIL 8-12 JUNE 8-10 ICLEI World World Cities Summit Congress (Seoul) Mayors Forum (NYC) MARCH 27 C40 Latin American JUNE 29 JULY 1-2 NOV. 30-DEC. 11 UNGA Event World Summit of UNFCCC COP21 (Paris) Mayors Forum (Buenos Aires) on Climate Territorial Climate WEEK OF DEC. 5 SEPT. 21-27 MAY 27-28 Change (NYC) Action with Civil Climate week Cities and Local Global Infrastructure Society (Lyon) Governments Day (NYC) Basel Summit (Paris) JUNE 1-11 SEPTEMBER 2014 UNFCCC Climate Change Conference (Bonn) JULY 13-16 SEPT. 25-27 WEEK OF DEC. 5 UCLG World Conference on Financing for UN Summit: Post Council (Paris) Development 2015 Development (Addis Ababa) Agenda (NYC) NOV. 30-DEC. 11 Compact of Mayors MAY 20-21 JUNE 8-10 Local Government launched Business & Climate ICLEI Resilient Cities SEPT. 20-23 Pavilion at COP21 Summit (Paris) Congress (Bonn) Bogota Climate Summit (Le Bourget, France) (Bogota) 20 COMPACT OF MAYORS PARTNERS Founding Partners Michael R. Bloomberg is an entrepreneur and philanthropist who served three terms as mayor of New York City, from 2002 through 2013. In 2014, U.N. Secretary-General Ban Ki-moon appointed Bloomberg to be Special Envoy for Cities and Climate Change, for which he is focusing on helping cities and countries set and achieve more ambitious goals for mitigating and adapting to climate change. The C40 Cities Climate Leadership Group, now in its 10th year, connects more than ICLEI-Local Governments for Sustainability is a global association of over 1,000 75 of the world’s greatest cities, representing 500+ million people and cities, towns and metropolises committed to building a sustainable one quarter of the global economy. Created and led by cities, C40 future. ICLEI has around 300 urban development professionals is focused on tackling climate change and driving urban action that working in 17 secretariats and offices, supporting cities and reduces greenhouse gas emissions and climate risks, while increasing regions to become sustainable, low-carbon, resilient, biodiverse, the health, wellbeing and economic opportunities of urban citizens. resource-efficient and productive, ecomobile, smart, and healthy The current chair of the C40 is Rio de Janeiro Mayor Eduardo Paes; and happy. More than 20% of the world’s urban population three-term Mayor of New York City Michael R. Bloomberg serves as benefit from ICLEI’s work which is global in scope and impact, and president of the board. yet very local in implementation. Created in 2004, United Cities and Local Governments (UCLG) is the united voice The United Nations Human Settlements Programme, UN-Habitat, is the United and world advocate of local and regional self-government. Nations agency for sustainable urban development. It Members of UCLG are present in 140 countries, and is mandated to promote socially and environmentally are organized into seven regional sections, a Forum of sustainable towns and cities while advocating adequate Regions, and a metropolitan section. UCLG’s membership shelter for all. includes over 1,000 cities and regions, as well as 155 local government associations. Other Partners Reporting Partners Funding Partners City, Local and Regional Government Networks Endorsing partners 21 www.compactofmayors.org info@compactofmayors.org CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 19, 2017 Action Required: Approval of Formal Open Data Policy Presenter: Leslie Beauregard, Assistant City Manager Staff Contacts: Leslie Beauregard, Assistant City Manager Paige Rice, Clerk of Council Title: Open Data Update and Formal Policy Approval Background: The City of Charlottesville is committed to creating a formal open data program which includes the creation of an open data portal where the City's data will be publicly available online. Open Data is a philosophy and practice, to provide some of the municipally-generated data to the public in a machine-readable format, without the restrictions of copyright, patent or other control mechanisms and, most importantly, free of charge. The most commonly used Open Data focuses on structured data, such as geographic data, scheduling, statistics, and demographic data. The objective of Open Data is to eliminate burdens to access data created or managed by government agencies, while respecting privacy and sensitivity concerns. It enables entrepreneurs, academics, community groups, other learning communities, developers, and interested citizens to use data to improve the social experience and stimulate economic growth through data applications. Discussion: City staff first presented a report to City Council last September introducing the concept of Open Data and a proposal to move forward with this initiative. Since that time, City staff has worked with a group of citizen stakeholders, called the Open Data Advisory Group, or ODAG, to develop the policies and practices that will drive the Open Data Initiative. The attached roadmap shows where we have been and where we are going. The policy is also attached for your review. Alignment with Council Vision Areas and Strategic Plan: An open data policy is in alignment with Goal 4: Be a well-managed and successful organization, and Goal 5: Foster strong connections. It also embraces the values of leadership and trust. Community Engagement: City staff has worked closely with ODAG, a citizen stakeholder group, for several months now. Their input has been critical to the development of this formal policy, along with the technical and practical practices that go along with such an initiative. Budgetary Impact: At this time, staff does not know what the budgetary impact will be to implement an Open Data policy. Recommendation: Staff has prepared a resolution in support of a formal policy around Open Data. Alternatives: If there are changes/edits that Council would like to make to the formal policy, this would be the time to communicate that to staff. Attachments: 1. Open Data Guidelines and Policy 2. Open Data Roadmap and Timeline 3. Resolution in Support of Open Data (adopted on September 19, 2017) RESOLUTION Open Data Formal Policy Approval BE IT RESOLVED, by the Council for the City of Charlottesville, Virginia, that the formal policy for the Open Data Initiative is approved. CITY OF CHARLOTTESVILLE OPEN DATA INITIATIVE GUIDING PRINCIPLES 1. The City of Charlottesville encourages an open and transparent government by using open data to improve citizen engagement, promote civic innovation, engage community problem- solving. 2. The City places a priority on providing open data sets that help the City achieve its mission and goals. 3. The City will strive for proactive disclosure, in accordance with existing open data laws. 4. The City will respond to new data set requests while considering available staff and financial resources. 5. The City will collect and publish data that is accessible to all users, published in a machine- readable format, and broad and non-discriminatory. ____________________________________________________________________________ I. PURPOSE AND POLICY STATEMENT The purpose of this Management Policy is to establish guidelines for the City of Charlottesville Open Data Initiative. The City of Charlottesville is committed to creating a formal Open Data program that includes the creation of an Open Data Web Portal where machine-readable data will be publicly available online. The initiative is intended to advance a number of public policy objectives, including: ● Increased transparency and access to public information ● Enhanced coordination and efficiencies among City departments and partner organizations ● Better informed decision making through the aggregation, synthesis, and analysis of data ● Higher levels of civic engagement and provision of valuable public feedback to government officials regarding local issues This policy and the process outlined within seeks to move the City toward proactive publication of selected data containing information consistent with relevant public records law and pertinent to the City’s programmatic priorities, beginning with data related to identified key strategic goals. While advancing these public objectives, this policy upholds that the protection of privacy, confidentiality, and security will be maintained as a paramount priority. 1 II. DEFINITIONS a. “Data” means statistical, factual, and quantitative information that is regularly maintained or created by or on behalf of a City department. b. “Open Data” means data that is available online, in an open format, with minimal legal encumbrances on use or reuse. c. “Open format” means any widely accepted, nonproprietary, platform independent, machine-readable method for formatting data that permits automated processing of such data and facilitates search capabilities. d. “Dataset” means a named collection of related records, with the collection containing data organized or formatted in a specific or prescribed way, often in tabular form. e. “Protected information” means any dataset or portion thereof to which an agency may deny access pursuant to applicable laws, rules, and regulations. f. “Sensitive information” means any data that, if published on the Open Data Web Portal, could raise privacy, confidentiality or security concerns or have the potential to jeopardize public health, safety or welfare to an extent that is greater than the potential public benefit of publishing that data. g. “Publishable data” means data that is not protected or sensitive and that has been prepared for release on the Open Data Web Portal. III. IMPLEMENTATION The City will develop and implement practices that allow it to: 1. Continuously advance Open Data practices that move the City closer to the eventual goal of proactive release of all publishable City data, making it freely available in open formats, with minimal restrictions on use or reuse 1, and fully accessible to the broadest range of users to use for varying purposes; 2. Establish and maintain an Open Data Web Portal that provides a central location for published City data; 1 The Data available via the Open Data Web Portal will be licensed under a standard “Creative Commons” public copyright license which enables the free distribution of otherwise copyrighted data. 2 3. Publish quality, updated data with documentation about the data (metadata) to encourage maximum use; 4. Automate where possible the publishing and update process to ensure the most current data is available on the portal and reduce resource time spent in publishing data; 5. Minimize limitations on the disclosure of public information while appropriately safeguarding protected and sensitive information; and 6. Encourage innovative uses of the City’s publishable data by agencies, the public, and other partners. The development and implementation of these practices shall be overseen by the Open Data Advisory Group, who shall be appointed by and report directly to the City Manager and Assistant City Manager. V. GOVERNANCE Implementation of the Open Data Initiative will be overseen by the Open Data Advisory Group who will work with the City’s departments to: 1. Identify the data owners who will be involved with the department’s participation in the Open Data Initiative; 2. Oversee the development of a prioritized inventory of datasets held by departments that can be published to the Open Data Web Portal; 3. Develop and implement a process for determining the relative level of risk and public benefit associated with potentially sensitive, non-protected information so as to make a determination about whether and how to publish it; 4. Establish processes for publishing and keeping up to date datasets to the Open Data Web Portal, including processes for ensuring that datasets are reviewed for use appropriate formats, quality, timeliness, and exclusion of protected and sensitive information; 5. Develop and oversee the Open Data Web Portal platform. 6. Ensure that – where possible – the automation of data publishing to ensure the most current data is available. In order to increase and improve use of the City’s Open Data, the Open Data Advisory Group will actively encourage department and public participation through providing opportunities for 3 feedback and collaboration on the portal and through internal and public sessions. VI. PRIORITIZATION AND ITERATIVE APPROACH The Open Data Advisory Group will be charged with developing and implementing a process for prioritizing the release of datasets to the Open Data Web Portal that takes into account the City’s programmatic priorities, new and existing signals of interest from the public (such as the frequency of FOIA requests), existing opportunities for data use in the public interest, and cost; 1. Datasets identified as pertinent to measuring progress of the City's Strategic Plan Goals will be given a high priority; 2. Processes developed through the initial release of prioritized data will be continuously evaluated and replicated as part of an iterative process intended to expand to all City data over time, moving the City closer to the stated goal of proactive release of publishable data. VII. OPEN DATA REPORT AND REVIEW Within one year of the effective date of this Management Policy, and thereafter once per year, the Open Data Advisory Group shall submit to the City Manager and City Council an annual Open Data Report. The report shall include an assessment of progress towards achievement of the goals of the City's Open Data program, a list of datasets currently available on the Open Data Web Portal, and a description and publication timeline for datasets envisioned to be published on the portal in the following year. During the review and reporting period, the Open Data Advisory Group shall make recommendations for improving the City's Open Data management processes in order to ensure that the City continues to move towards the achievement of this policy's goals. 4 Open Data Initiative - Roadmap Initiative Action Items Status Dates Appoint Open Data Staff Open Data Committee will work to Assistant City Manager November 2016 Working Group create suggested Open Data policy, tasked staff from OBPM, roadmap, guiding principles, and OED, Treasurer, Clerk, IT Open Data introduction to staff Establish Open Data Advisory Open Data Committee will work on Staff has invited December 2016 Group key tasks for implementation representatives from SmartCville, HackCville, UVA, Computers4Kids, and the community Lead Team Presentation ACM will present an Open Data Done January 2017 introduction via video to the Lead Team to introduce the topic and to solicit ongoing feedback Incorporate public perspectives Open Data Advisory Group will Done February/March into policy implementation develop a plan for collaborating with 2017 community stakeholders to identify best practices for implementing a comprehensive Open Data policy Communicate initiative to Share informational video with all Done as part of P3 May 2017 Citywide organization City employees Newsletter, City Manager email Develop comprehensive Open Staff will write a final version of the Done April - June 2017 Data policy policy, which will be shaped by the final portal and public feedback. This will specify methods of determining the prioritization of data release Implementation Begin collecting initial sets of data In progress April - July 2017 that are readily available and accessible Training Require publishing metadata; In progress Ongoing Mandate data formats for maximal technical access; Remove restrictions for accessing information; Mandate data be explicitly license- free Create a central location Develop an Open Data portal using Draft complete May - July 2017 devoted to data publication and ESRI (GIS software) policy Initiative Action Items Status Dates Update to City Council Provide an update on the policy prior Scheduled for June 19th June 2017 to the portal being available for public viewing. Data is available to the public August 2017 on the Open Data portal Citizen engagement Host a public “Open House” meeting Fall 2017 Citizen engagement Participate in local “Hackathon” City Fall 2017 staff working with community partners to support this event. RESOLUTION In support of Open Data WHEREAS, open government is based upon the principles of transparency, efficiency, and collaboration; and WHEREAS, the evolving technology landscape now offers additional opportunities to promote open government, such as mobile applications to provide City services and social media to engage the public; and WHEREAS, Open Data, proactively disclosing City data, is the foundation of open government, is consistent with citizens’ right to public information, and promotes engagement with the potential benefit of civic development to improve service delivery through expanded an innovative uses; and WHEREAS, Open Data promotes open government by engendering collaboration and opportunities for citizen-developed functionality with the added potential to decrease costs and increase robustness of City services; NOW THEREFORE BE IT RESOLVED that the Charlottesville City Council is committed to open government and the principles of transparency, efficiency, and collaboration and hereby directs the City Manager to develop and implement an Open Data policy with a comprehensive set of initiatives, guidelines and standards, including machine-readable data, to promote transparency, efficiency and collaboration. An initial policy recommendation will be presented in three months, and an update will be provided in six months. Approved by Council September 19, 2016 Clerk of Council CITY OF CHARLOTTESVILLE, VIRGINIA. CITY COUNCIL AGENDA. Agenda Date: June 19, 2017 Action Required: None – Report Only Presenter: Andrew Baxter, Fire Chief, Charlottesville Fire Department Staff Contacts: Andrew Baxter, Fire Chief, Charlottesville Fire Department Title: Charlottesville Fire Department and Charlottesville Albemarle Rescue Squad Emergency Medical Services System Improvement Strategy and Cost Recovery Program Background: City Staff and leadership from the Charlottesville-Albemarle Rescue Squad (CARS) have recognized the need for a new, strategic approach to the delivery of E.M.S. (Emergency Medical Services) transport services in the City. Implementation of the E.M.S. System Improvement Strategy will help to ensure the provision of timely, efficient, and effective EMS transport services for the community. Funding for the new strategy will be provided in large part through the implementation of an E.M.S. Cost Recovery Program. The report tonight will provide information on the key elements of this strategy, how we got here, and how we plan to move forward. Discussion: Since 1960, the Charlottesville-Albemarle Rescue Squad (CARS), an all-volunteer, not-for-profit organization, has been the primary provider of E.M.S. transport services in the City. Since 2014, the Charlottesville Fire Department (C.F.D.) has provided staffing support to CARS through a Memorandum of Understanding. This supplemental staffing model has provided some stability to daytime CARS staffing. However, several factors make the current approach less than optimal, including increased call demand, challenges with developing and retaining experienced volunteer E.M.S. Advanced Life Support (A.L.S.) providers, increased costs associated with the delivery of more complex E.M.S. care, and decreasing community contributions to CARS annual fund drive. Over the course of the last 18 months, City staff and CARS leadership have collaborated to develop a comprehensive strategy that will add needed E.M.S. transport capacity and provide for the more consistent availability of A.L.S. providers at the medic-level. A volunteer-career combination E.M.S. system will provide the needed E.M.S. transport and A.L.S. capacity while leveraging both the continued commitment of CARS volunteers and the consistency in staffing provided by C.F.D. career firefighter-E.M.T’s and firefighter-medics. The focus of the combination E.M.S. transport system will be on the provision of high-performance E.M.S. while ensuring the health and safety of the community and its responders. Funding for the City of Charlottesville Emergency Medical Services System Improvement Strategy, which will be largely provided through the implementation of an E.M.S. Cost Recovery Program, will ensure adequate E.M.S. transport capacity in the following ways: supporting three additional full-time sworn firefighter-E.M.T. positions; providing operational funding for the Charlottesville- Albemarle Rescue Squad; and providing for one civilian E.M.S. billing specialist/privacy officer. The following chart provides a combined overview of the projected revenues and expenses for the program for F.Y.18. Billing rates for ambulance transport services will be set by Council in the form of a resolution. Fees for ambulance transport will range from $500 - $850 per transport, depending on the level of E.M.S. care required for the patient. Revenue EMS Billing $720,000 Expenditures Salaries and Benefits $388,288 Other Operating Expenses 17,292 Contribution to CARS 346,811 TOTAL EXPENDITURES $752,885 Alignment with City Council’s Vision and Strategic Plan: The implementation of the E.M.S. System Improvement Strategy supports Goal 2 of the City’s Strategic Plan, to be a safe, equitable, thriving and beautiful community; objectives 2.1 & 2.3. Community Engagement: C.F.D. and CARS leadership have collaborated for the last 18 months to develop a comprehensive strategy for E.M.S. system improvement. Further public input will be received at a scheduled public hearing on July 17, 2017, 7:00pm in City Council Chambers. Budgetary Impact: Revenue from the E.M.S. Cost Recovery Program (E.M.S. System Fund) will partially offset expenditures associated with supporting a combination volunteer-career E.M.S. system. Estimated F.Y.18 revenues for the E.M.S. Cost Recovery Program are $720,000 based on current call volume and area recovery rates. Recommendation: This is a staff report at this time. A public hearing will be held on July 17, 2017 to gather further public input to this strategy. City Council will eventually be asked to approve the schedule of fees and appropriate funding for the program. Those items are scheduled to come before City Council on August 21, 2017. Alternatives: If this funding is not approved, the E.M.S. transport system will not develop in a manner consistent with other services provided by the City. Attachments: • DRAFT Resolution to Establish the Schedule of Fees for Emergency Medical Services Vehicle Transport Services • DRAFT E.M.S. Cost Recovery Program Start Up Revenues and Expenditures • E.M.S. Cost Recovery Program Frequently Asked Questions RESOLUTION TO ESTABLISH THE SCHEDULE OF FEES FOR EMERGENCY MEDICAL SERVICES VEHICLE TRANSPORT SERVICES WHEREAS, on June 2, 2014, the City Council enacted Sec. 12-43. of the City Code of Ordinances, which requires that reasonable fees shall be charged for services provided by an agency operating emergency services vehicle transports; and NOW, THEREFORE, BE IT RESOLVED that the following E.M.S. vehicle transport service fees are hereby established, effective ___________ 2017, for all E.M.S. vehicle transport services provided in accordance with Sec. 12-43 of the City Code of Ordinances: 1. For Basic Life Support (B.L.S.) transport services: $500. B.L.S. is defined as the emergency response and transport of a patient that requires assessment and treatment by a B.L.S. Technician and no Advance Life Support procedures. 2. For Advanced Life Support Level 1 (A.L.S.1): $600. A.L.S.1 is defined as the emergency response and transport of a patient that requires assessment and treatment by an A.L.S. Technician and one or more Advanced Life Support procedures. 3. For Advanced Life Support Level 2 (A.L.S.2): $850. A.L.S.2 is defined as the transport of a patient that requires defibrillation, pacing, intubation, or the administration of 3 or more Schedule IV medications. 4. For Ground Transport Miles (G.T.M.): $15.00/mile. G.T.M. is defined as the charge per patient transport mile. BE IT FURTHER RESOLVED THAT no person shall be denied transport services due to his or her inability to pay. E.M.S. Cost Recovery Program Start-Up Revenues and Expenditures Revenues FY18 FY19 Notes/Comments F.Y.18 Assumes 6 months of billing revenue collection due to estimated lag time between when service is provided and billing Ambulance Service Billing $ 720,000 $ 1,440,000 revenue is collected. REVENUE TOTAL $ 720,000 $ 1,440,000 Expenditures FY18 FY19 Notes/Comments 24 Hour C.F.D. Medic Unit Represents cost of 3 new F.T.E's – F.Y. 18 represents 10 months of Salary and Benefits $ 208,405 $ 255,088 expenses. First year of medical supplies and fuel will be absorbed in current C.F.D. operating budget ($29,025), but need to budget for Operational Costs 17,292 49,776 those costs beginning in year 2 Sub-Total $ 225,697 $ 304,864 Peak Activity Unit Overtime rates for 1 Firefighter- E.M.T. & 1 Firefighter-Medic (M- F, 7:00-18:00) - FY 18 represents Daytime Overtime Staffing 121,550 148,777 10 months of expenses. Sub-Total $ 121,550 $ 148,777 E.M.S. Billing Specialist Salary and Benefits 58,333 70,000 Sub-Total $ 58,333 $ 70,000 CARS F.Y.18 represents 10 months of payment and is based on the percentage of the CARS Operating budget that is proportionate to the percentage of CARS calls that Contribution to CARS 346,811 424,496 are run in the City. Sub-Total $ 346,811 $ 424,496 EXPENDITURE TOTAL $ 752,391 $ 948,137 FUNDING (GAP)/BALANCE $(32,391) $ 491,863 The F.Y.18 Budget figures represent 10 months of expenses based upon the projected start date for the billing program. The FY19 figures represent 12 months of service. One-Time/Capital Costs FY18 FY19 Cost to outfit 12 CARS vehicles with same mobile data computers as C.F.D. - necessary for billing and closest unit deployment model and will be funded through Mobile Data Computers $ 60,000 $ - C.I.P. Contingency. City of Charlottesville Emergency Medical Services (E.M.S.) Cost Recovery Program Frequently Asked Questions I. General Questions Q: What is the E.M.S. Cost Recovery Program? A: E.M.S. cost recovery is the process of obtaining financial reimbursement for the cost of providing medically necessary ambulance transportation. The E.M.S. cost recovery program will not and is not designed to cover all E.M.S. system costs but will provide a stable financial foundation. The program will be funded through available reimbursements from Medicare, Medicaid, and private insurance companies. No one will ever be denied service based on their ability to pay or any outstanding bills. ALWAYS call 911 in the event of an emergency; we will ALWAYS be ready to answer your call 24/7/365. Q: How will this program affect me? Will I get a bill? A: City residents covered by Medicare, Medicaid, or private insurance will not be billed for any balances due after applicable insurance payments have been collected. City residents without insurance will not be billed at all. Non-City residents will receive a bill for any remaining balance after all insurance reimbursement has been obtained. Non-City residents, in cases of hardship, may apply to the City for a hardship waiver once all applicable insurance payments have been collected. No one will ever be denied emergency service because of the E.M.S. cost recovery program. If a patient calls 911 but is not transported, there is no charge. ALWAYS call 911 in the event of an emergency; we will ALWAYS be ready to answer your call 24/7/365. Q: Why is the City of Charlottesville engaging in EMS cost recovery? A: Emergency medical calls account for a large percentage of the total number of emergency services calls in the City. For example, in 2016, there were over 5,000 E.M.S. incidents in the City and 54% of Charlottesville Fire Department responses were for E.M.S. incidents. In the same period, the Charlottesville-Albemarle Rescue Squad transported over 5,000 patients from City incidents to area hospitals. As the need for emergency medical services continues to grow, the City, like many other localities, is seeking ways to fund these services without relying solely on local tax revenue or donations to local volunteer agencies. E.M.S. cost recovery permits localities to recover system costs from those individuals who benefit directly from E.M.S. delivery, including non-City residents, with the vast majority of the costs collected from Medicare, Medicaid and insurance companies. The E.M.S. cost recovery program will be utilized to support the volunteers at the Charlottesville-Albemarle Rescue Squad (CARS), will provide a funding stream to support additional Charlottesville firefighters to staff ambulances in the City, and will support the acquisition and deployment of sophisticated E.M.S. equipment. Q: Will the Charlottesville-Albemarle Rescue Squad (CARS) bill for service in the City? A: Yes. Both CARS and Charlottesville Fire Department staffed ambulances will bill for service as part of the E.M.S. cost recovery program. Q: Is the fire department “taking over” the rescue squad? A: No. The rescue squad will remain a non-profit, volunteer agency but will receive operational funding from revenue generated through the E.M.S. cost recovery program. CARS and the City will continue to closely collaborate to ensure the provision of high-quality emergency medical services in the City. Q: How much money will be recovered? A: The City estimates that between $1M and $1.4M will be recovered annually. These funds will be used to support and strengthen the City’s combination volunteer-career E.M.S. system. Q: What other localities in this area have EMS cost recovery programs? A: Nearly 80% of Virginia residents live in localities that bill for E.M.S. transport. Of the 38 independent cities in Virginia, 37 currently have some form of E.M.S. billing in place to recover expenses and offset system costs. Localities in our region including Albemarle, Augusta, Greene, Fluvanna, Louisa, Nelson, Orange, Staunton, Waynesboro, and Rockingham bill for service, as do Richmond, Chesterfield, Hanover, Stafford, and Spotsylvania. II. How Billing Works Q: How will the billing process work? A: The City of Charlottesville has contracted with a billing company, Digitech Computer, to administer the E.M.S. billing process. Once patient information is collected, a claim form will be forwarded to the patient’s insurance provider, Medicare, or Medicaid. Q: Will City residents be required to pay any co-payment or deductible that may be included in their insurance policy? A: No. Co-pays and deductibles will be waived for City residents. Taxes paid by City residents are considered co-payments for City residents. Q: Will visitors and non-City residents be charged a co-payment? A: Yes. Only City residents will have their co-payments and deductibles waived. Q: What are the billing rates for this E.M.S. service? A: Fees for ambulance transport range from $500 - $850 per transport, depending on the level of E.M.S. care required by the patient. Rates are established by City Council. Q: If an ambulance comes to my house but I don’t need transport, will I receive a bill? A: No. Fees are recovered only if a patient is transported. Q: If a fire engine comes to my house to provide EMS care, will I receive a bill? A: No. E.M.S. first-response will remain a core municipal service provided by the Charlottesville Fire Department. There is no fee for E.M.S. first-response services. Fees are only recovered if a patient is transported in an ambulance to the hospital. Q: Who do I contact with questions about my bill? A: The City’s billing company, Digitech Computer, has customer service representatives to handle your billing and insurance questions at (888) 248-7936. III. Ability to Pay What if I don’t have insurance and am unable to pay or have insurance but am unable to pay any balances due? The City of Charlottesville E.M.S. cost recovery program includes compassionate billing provisions. If the patient is a City resident, he/she will not be responsible for any balance due once all applicable insurance payments have been collected. If the patient is not a City resident and cannot pay, he/she may request a hardship waiver form and may not have to pay. All patients will be treated and transported regardless of the ability to pay. If I have an outstanding balance on my insurance, will I be refused ambulance service? All patients will be treated and transported, regardless of their ability to pay. This program will not change the ambulance service provided to anyone in the City of Charlottesville, regardless of insurance coverage or any other factor. The City of Charlottesville will not deny service to those with delinquent accounts. Billing does not occur until after service has taken place. Emergency responders who respond to a call will have no knowledge of who has paid and who has not paid. IV. Insurance Information Will my health insurance premiums increase because of this billing? Unfortunately, health insurance premiums continue to rise regardless of whether a community decides to bill for E.M.S. transports. Factors including the rise in prescription drug prices, the rising costs of hospitalization, an aging population, and litigation have resulted in escalating healthcare costs. Despite the steep increase in healthcare costs, ambulance transport costs represent less than 1% of health care expenditures. Many other local governments in Virginia have implemented similar E.M.S. cost recovery programs, and they have reported no evidence that E.M.S. billing increases health insurance premiums. V. Effects on the Volunteers How does this new program help the volunteers at the Charlottesville-Albemarle Rescue Squad (CARS)? The volunteers of the Charlottesville-Albemarle Rescue Squad have faithfully served the citizens of Charlottesville and Albemarle County for almost 60 years. The City is committed to utilizing a significant amount of this revenue source to provide operational funding to CARS. This funding stream will allow our dedicated volunteers to continue to focus on providing top-notch emergency medical care to our community. E.M.S. cost recovery program funds will also help offset the rising costs associated with the provision of E.M.S. services in the City. Will the rescue squad still need our donations? Yes. The cost of providing E.M.S. services continues to rise and CARS will still need the public’s support. This page intentionally left blank. CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 19, 2017 Action Required: Update Presenters: Charlene Green, Manager, Office of Human Rights Staff Contacts: Paola Salas, Community Outreach and Investigation Specialist Title: 2016 Annual Report – Office of Human Rights Background: On May 20, 2013, City Council approved the Charlottesville Human Rights Ordinance which included responsibilities for an Office of Human Rights (OHR) and a Human Rights Commission (HRC). The overall focus of both the OHR and the HRC included; 1. Systemic and Institutional Change that focused on addressing discrimination barriers in public institutions. The scope of this work could include but would not be limited to, soliciting community feedback by conducting focus groups on various topics, reviewing City policies for equity and possible changes and providing legislative recommendations for City Council. 2. Service Coordination and Awareness that would be responsible for increasing the awareness and ease of accessing existing resources that address illegal discrimination. These resources would include preparing individuals for their appointments with the Equal Employment Opportunity Commission (EEOC), and making referrals to the Piedmont Housing Alliance and the Virginia Fair Housing office. 3. Community Dialogue and Engagement that built on the success of the Dialogue on Race. The OHR and the HRC would engage Charlottesville residents in honest dialogue, community awareness and brainstorming on issues of equity and opportunity and potentially provide the systemic and institutional change group with recommendations for further study. 4. Investigation and Enforcement that addressed individual allegations of discrimination but also recognized the need to establish strong ties with support organizations in housing and employment due to the limitations of the enforcement in those two areas. Discussion: Human Rights Commission Mission Statement: “Promoting an inclusive, empowered, and diverse community through education, engagement, and enforcement of Charlottesville’s Human Rights Ordinance” The Human Rights Commission meets monthly for its regular business meetings and additional meetings are scheduled to address concerns that are handled through their subcommittee work. Those standing committees are: • Race Discrimination Committee (RDC): The RDC shall be responsible for advancing the goals of the Charlottesville Human Rights Commission and shall expressly be responsible for identifying and reviewing policies and practices of an institutional nature regarding discrimination within the City against the protected classes of race, color, and national origin. The committee shall also be responsible for development of legislative recommendations for City Council. • Lesbian, Gay, Bisexual & Transgender Concerns Committee (LGBTQCAC): The LGBTQCAC shall be responsible for advancing the goals of the Charlottesville Human Rights Commission and shall expressly be responsible for identifying and reviewing policies and practices of equity within the City as well as hearing from the public the concerns and issues related to sexual orientation, transgender status and gender identity. The committee shall also be responsible for development of legislative recommendations for City Council. • Disability, Age and Religious Discrimination Committee (DARDC): The DARDC shall be responsible for advancing the goals of the Charlottesville Human Rights Commission and shall expressly be responsible for identifying and reviewing policies and practices of an institutional nature regarding discrimination within the City against the protected classes of disability, age, and religion. The committee shall also be responsible for development of legislative recommendations for City Council. • Administrative Matters Committee (AMC): The AMC shall be responsible for developing and recommending all Commission operating rules and procedures and any amendments, meeting structure, officer election procedures, officer nominations, additional committee formation, and any training and education initiatives for the Commission. • Community Engagement Committee (CEC): The CEC shall be responsible for developing and facilitating community dialogue and engagement pursuant to City Code Sec. 2-434. The CEC shall plan and provide assistance for ongoing community engagement, dialogue, and educational and informational programs on human rights and issues of equity and opportunity, including those raised by the City's Dialogue on Race Initiative. • Housing Concerns Committee (HCC): The HCC shall be responsible for advancing the goals of the Charlottesville Human Rights Commission and shall expressly be responsible for identifying and reviewing policies and practices of an institutional nature regarding equity and discrimination related to housing within the City. The committee shall also be responsible for development of legislative recommendations for City Council. 2016 Work Plan Focus The Human Rights Commission 2016 Work Plan was based on community input as well as Commissioner discussions about topics of local and state importance. Some of the HRC priorities were: • Community Bridge Builders • Safe Space Training Collaboration with Cville Pride • Police and Community relationships In addition to addressing work plan priorities, the HRC members were able to participate in different City department meetings such as the Historic Resources Committee and the Americans with Disabilities Act Advisory Committee when scheduled. A HRC member also participated on the Blue Ribbon Commission on Race, Memorials and Public Spaces. The 2017 Work Plan is reflective of the social and political climate in Charlottesville. Therefore HRC priorities for 2017 (Attachment A) involve immigration, law enforcement, deaf and hard of hearing, housing, and transgender concerns. The scheduled Dialogue on Race study circles will also play an important role in the work of the Human Rights Commission for 2017. Office of Human Rights “Acting as a strong advocate for justice and equal opportunity by providing citywide leadership and guidance in the area of civil rights.” The primary responsibilities of the Office of Human Rights are to: 1. Assist individuals who believe they have been victims of an unlawful act of discrimination as outlined in the Charlottesville Human Rights Ordinance; 2. Educate and engage community members in meetings, forums, and other activities that involve collaboration with different City departments and community organizations; and 3. Provide staff support for the Human Rights Commission. Some of the 2016 goals for the OHR were: • Promote the visibility of the Office of Human Rights • Maintain a customer friendly intake process • Support the Human Rights Commission with their Work Plan priorities With the addition of a part-time staff person in the Office of Human Rights, it has allowed for increased community access for walk-ins and phone calls. There is also more opportunity for expanded community outreach and stronger support to the HRC Work Plan priorities with immigration, refugee, religious and disability discrimination concerns. Inquiries and Complaints Contacts with the OHR were categorized as an inquiry or a complaint. Inquiries were defined as a question about services, programs or procedures. If a person wanted to file a complaint and his/her discrimination allegation occurred outside of the city limits then their contact was logged as an inquiry. If a person who felt he/she experienced discrimination and it fell within the jurisdiction of the Human Rights Ordinance and that individual wanted to take action, the contact was logged as a complaint. The following is the breakdown of contacts with the OHR since the last update: CONTACTS FOR 2016 – 2017 NUMBER Inquiries (includes calls, emails, walk-ins) 1,250 (4-5 per day) Complaints (Charlottesville only) 41 Investigations 7 Alignment with City Council’s Vision and Priority Areas: Community of Mutual Respect In all endeavors, the City of Charlottesville is committed to racial and cultural diversity, including racial reconciliation, economic justice, and equity. As a result, every citizen is respected. Interactions among city leaders, city employees and the public are respectful, unbiased, and without prejudice. Budgetary Impact: The Office of Human Rights is not making a budget request at this time. Recommendation: The Office of Human Rights encourages City Council to accept this report reflective of the 2016-17 activities. Attachments: A. 2016 Human Rights Commission Work Plan B. 2016-17 Inquiries and Complaint Data ATTACHMENT A 2017 HUMAN RIGHTS COMMISSION WORK PLAN COMMITTEE PRIORITY Race Discrimination We will: Alignment with • Examine City policies for inequities based on race, skin color or national origin City of Charlottesville Goals & Objectives • Identify and address immigration and refugee concerns Goals 2 and 5 • Collaborate with the Police Citizen Advisory Panel • Collaborate with the Adult DMC group LGBTQC Ad Hoc We will: Alignment with • Examine City policies for inequities based on sexual orientation, transgender City of Charlottesville Goals & Objectives status and gender identity Goals 1,2, and 5 • Continue to collaborate and support the Charlottesville Albemarle Safe Space Training Coalition Disability, Age, We will: Religious • Examine City policies for inequities based on age, disability or religious/non- Discrimination religious beliefs Alignment with • Continue to participate in the Charlottesville ADA Advisory Board City of Charlottesville Goals & Objectives • Identify and address issues related to the deaf and hard of hearing Goals 1, 2, and 5 Administrative We will: Matters • Review the “Rules and Guidelines” for the HRC for accuracy and consistency Alignment with • Make necessary amendments to ensure a smooth and efficient commission City of Charlottesville Goals & Objectives Goal 4 Community We will: Engagement • Assist in refining the Community Bridge Builders mission, selection criteria, Alignment with and promotion to expand community involvement City of Charlottesville Goals & Objectives • Implement outreach plan of community engagement in collaboration with Goals 1, 2, and 5 other city and community groups HR Commissioner We will: Priorities • Increase visibility with attendance at local events Alignment with • Create opportunities for public responses to community concerns City of Charlottesville Goals & Objectives • Strengthen subcommittees Goals 1-5 • Review HRC work in a timely manner in order to submit recommendations to City Council for policy or program considerations Housing Concerns We will: Alignment with • Examine City policies for inequities in housing and housing related matters City of Charlottesville Goals & Objectives • Complete Charlottesville Community Impact Assessment Tool Goals 1-5 ATTACHMENT B 2016-17 Office of Human Rights Inquiries and Complaints Data PROTECTED ACTIVITY NUMBER Employment 35 Housing 10 Public Accommodation 12 Credit 0 Private Education 0 Did not list/would not say 3 TOTAL # OF COMPLAINTS 60 PROTECTED CLASS NUMBER Race/skin color 30 Sex 3 Age 3 Disability 8 Religion 8 National Origin 15 Marital Status 0 Pregnancy/Childbirth 0 Did not indicate 9 Other (i.e., criminal history) 3 TOTAL # OF COMPLAINTS 79 LOCATION NUMBER Charlottesville 41 Albemarle County 4 Other 7 TOTAL # OF COMPLAINTS 60 CONTACTS FOR 2016-17 NUMBER Inquiries (includes calls, emails, walk-ins) 1,250 (4-5 per day) Complaints 41 (Charlottesville only) CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 19, 2017 Action Required: None - Informational Presenter: Rachel Thielmann, Social Services Advisory Board Chair Staff Contacts: Diane Kuknyo, Director of the Department of Social Services Title: Social Services Advisory Board Annual Report to City Council Background: The City of Charlottesville Code Section 25-1(b) (4) requires that the Social Services Advisory Board make an annual report to City Council. Discussion: This report highlights the various programs administered by the Department of Social Services and also touches briefly on some upcoming challenges and opportunities. Alignment with Council Vision Areas and Strategic Plan: Goal 1: Enhance the self-sufficiency of our residents • Promote education and training • Reduce employment barriers • Enhance financial health Goal 2: Be a safe, equitable, thriving and beautiful community • Consider health in all policies and programs • Ensure families and individuals are safe and stable Goal 4: Be a well-managed and successful organization • Recruit and cultivate quality employees • Continue strategic management efforts Goal 5: Foster Strong Connections • Build collaborative partnerships Community Engagement: The Department of Social Services’ Advisory Board consists of one City Councilor and eight community members appointed by City Council. Monthly meetings are open to the public. Meeting notices are posted on the Department of Social Services’ web page and are also posted on the informational bulletin boards in City Hall and City Hall Annex. Budgetary Impact: N/A – This is an informational report Recommendation: N/A – This is an informational report Alternatives: N/A – The annual report is mandated by the City of Charlottesville Code Attachments: 1. Social Services Advisory Board 2017 Annual Report - PDF 2. PowerPoint Presentation Charlottesville Department of Social Services Advisory Board ANNUAL REPORT TO CITY COUNCIL June 2017 The Social Services Advisory Board is pleased to present its 2017 Annual Report to City Council. We appreciate the Council’s support for the Charlottesville Department of Social Services’ mission. Our Mission To join with the community in providing social services that meet essential needs, promote self-sufficiency, and enhance the quality of life for all residents. Our Vision We envision a community where the basic needs of individuals and families are met, all vulnerable people are safe, and everyone has the support needed to achieve their potential. The Department of Social Services provides Benefits and Family Services programs to the residents of Charlottesville. Federal and state mandated Benefits Programs help low income families and individuals meet basic needs for food, shelter and medical care. Major programs include but are not limited to:  Supplemental Nutrition Assistance Program (SNAP)  Medicaid  Family Access to Medical Insurance Security (FAMIS)  Temporary Assistance for Needy Families (TANF)  Virginia Initiative for Employment not Welfare (VIEW)  Child Care Assistance Family Services Programs provide case management services through federal and state mandated programs. Major programs include but are not limited to:  Adult Protective Services (APS)  Adult Services  Child Protective Services (CPS)*  Foster Care Prevention*  Family Engagement*  Foster Care*  Adoption*  Fostering Futures* In this year’s report the Advisory Board chose to focus on Children and Family Services programs.* Children and Families Services Practice Model The safety and well-being of children and families is the fixed center of Social Services work. Ensuring safety requires a collaborative effort among family, Social Services staff, and the community. The Department values family strengths, perspectives, goals, and plans as central to creating and maintaining child safety. Through collaboration with families, Social Services develops and implements creative, individual solutions that build on their strengths to meet their needs. Children have a right to connections with their biological family and other caring adults with whom they have emotional ties. However, when caregivers present a safety threat to children, the Department separates the caregivers and children, and when needed seeks court action for temporary and permanent plans in the interests of the children’s safety and well-being. When children cannot live safely with their families, the first consideration for placement is with kinship connections capable of providing a safe and nurturing home. Social Services actively seeks out extended family networks. Lifelong connections with kinship and siblings are crucial for children. Planning for the well-being of children is focused on the goal of preserving their family, reunifying their family, or achieving permanency with a kinship or adoptive family. Social Services will treat families, children, and community collaborators with dignity and respect. Child Protective Services (CPS) Child Protective Services (CPS) responds to reports from the community of abuse and/or neglect by conducting assessments and investigations. The goal of CPS is to identify, assess and provide services to children and families in an effort to protect children, preserve families whenever possible, and prevent further maltreatment. # of Children identified in CPS (Child Protective Services) 1,400 Referrals 1,200 1,000 1,227 1,060 1,015 1,003 1,110 800 600 400 200 - FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 Source: Virginia DSS Division of Family Services, VCWOR/ Oasis reports1 Referrals come from a variety of sources. Anyone can report suspected child abuse or neglect, but if you are identified in the Code of Virginia as a mandated reporter or you have received training in recognizing and reporting suspected child abuse and neglect, you are required by law to immediately report your concerns to the local department of social services or to the State Abuse and Neglect Hotline. FY 2016 CPS Referral Reporters Educational Personnel Medical Personnel 18% Legal, Law Enforcement 32% Social Services Personnel 8% Mental Health 1% 9% Parent/ Relatives 7% Friends/ Neighbors 7% 6% 11% Anonymous Other Source: Virginia DSS Division of Family Services, VCWOR/ OASIS reports The CPS intake process begins once a referral is made. A uniform intake tool is used by all local departments of Social Services in the Commonwealth of Virginia. The four criteria required to start a CPS assessment or investigation are: 1. Age: the victim must be under the age of 18. If a report is made for a victim 18 or older, it will be referred to APS (Adult Protective Services). 2. Caretaker: the alleged abuser is the child’s parent or other caretaker. 3. Jurisdiction: the incident must occur within Charlottesville city limits 4. The incident has to fit the definition of abuse and neglect.2 1 Some children may have multiple referrals. 2 http://www.dss.virginia.gov/files/division/dfs/cps/intro_page/manuals/07-2011/section_2_definitions_of_abuse_and_neglect.pdf The majority of validated referrals are due to neglect not physical abuse. This includes referrals pertaining to domestic violence, substance abuse, and unstable housing. Validated referrals follow one of two tracks:  Family Assessment: A referral of abuse and or neglect in which the Department of Social Services determines level of risk of harm to the child(ren).  Investigation: Certain referrals of abuse or neglect are mandated to receive an investigative response. These referrals contain information that alleges a parent or caretaker abused or neglected the child and it resulted in a serious injury. Sexual abuse and out-of-family referrals are also mandated to receive an investigative response. At the end of the investigation, the Child Protective Services worker determines whether the case is founded or unfounded. If a finding is made, the information is retained in the Virginia Child Abuse Central Registry. Services are provided to the family based on the risk level and specific needs. FY 2016 Validated CPS Referrals 66% Referrals Assessed 34% Referrals Investigated Source: Virginia DSS Division of Family Services VCWOR/ OASIS reports In Virginia, physicians, Child Protective Services workers, and law enforcement, when investigating a complaint of child abuse or neglect, are the only ones allowed to remove a child from the home. After an emergency removal, a court hearing will be scheduled within 24 hours or the next business day. Parents can either select an attorney or one will be provided to represent them. At this court hearing, the judge decides what is in the best interest of the child(ren) moving forward. Family Engagement Family Engagement increases the likelihood of children staying in their homes and community. In Family Partnership Meetings (FPM), parents, extended family members, non-relative supporters, and other caregivers are brought together to assist social work staff in developing a comprehensive assessment of the children’s and family’s strengths and challenges. Everyone works together to create a service plan and delivery system. # of FPM Meetings 97 100 87 84 79 74 80 60 40 20 0 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 Source: Safe Measures Success Story- A Family Partnership Meeting was held to determine an alternate plan for three children in foster care. The biological parents were not following the recommendations of their service plan in order for their children to return home. In preparation for the meeting, the Family Partnership Meeting (FPM) Coordinator spent many hours looking for extended family members and interviewing known family. During the meeting, the FPM Coordinator offered the use of “family time” to the relatives in attendance. All family services specialists and community providers stepped out of the room to allow for space and discussion for the family to decide what would be in the best interest of the children. The family developed a plan at the meeting for custody to be transferred to an extended family member. This plan was approved by the judge at their recent court hearing. The collaboration between the family and the Department was successful in moving this case forward and achieved permanency within the federal timeframe. *Success Stories are not case specific and identifying information has been changed to protect confidentiality. Foster Care Prevention Foster Care Prevention provides services for families whose children may be at risk for further abuse/ neglect and out-of-home placement. Services may include counseling, referrals to parenting programs, and other beneficial resources. The Family Services Specialist works with the family to strengthen parents and prevent disruption to the family system. The Family Services Specialist or service provider meets with the family several times a month based on the level of need. Utilizing family treatment team meetings and other interventions, the case worker helps children remain in their homes, prevents child abuse and neglect, and assures the safety of the child. In fiscal year 2016 Foster Care Prevention services prevented 85% of children served from entering foster care. # of Children Served in Foster Care Prevention 200 150 100 110 114 116 115 108 50 - FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 Source: Charlottesville DSS Umbrella- Foster Care Prevention Case Management Statistics Report Success Story- When parents are interested in receiving services from the Prevention Unit great change can occur. Recently a father who had been violent towards his wife reached out and asked for services. The Prevention Worker engaged the entire family in services while respecting the mother and children’s fear of future abuse. The father completed a mental health assessment and engaged in counseling services. The children and their father began supervised visits when everyone was therapeutically ready to do so. After successful supervised visits, the children and mother felt safe to begin unsupervised visits. Everyone in the family system worked very hard at healing from a traumatic situation. The family will be going forward to amend a court order to allow for open communication between the parents. This family system was reunited through the coordination of Family Services Specialists, counselors, the parents, and the children. *Success Stories are not case specific and identifying information has been changed to protect confidentiality. Foster Care Foster Care provides out-of-home placements for children whose parents or guardians are unable to adequately care for them. The program is designed to be a temporary response for a family in crisis. The Family Services Specialist develops a service plan with the parents that addresses strengths and needs in order to remove the barriers that brought the child(ren) into foster care. The plan also discusses what is needed for the child(ren) to return home. If the child(ren) cannot return home, the goal will be changed to placement with relatives or adoption. The Family Services Specialist serves as the guardian for the child in foster care and ensures safety, permanency, and well-being. The current Foster Care caseload for children age 0-17 is 110. # of Children Served in Foster Care 200 150 100 115 110 92 86 92 50 - FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 Source: Virginia DSS Division of Family Services, VCWOR/ OASIS reports As of 6/30 each year (Point in Time) Adoption Family Services works to find permanency for children unable to return home. If custody cannot be transferred to appropriate family members, the Department moves toward the goal of adoption. The Family Services Specialist completes all court documents necessary for a child to be adopted in the Commonwealth of Virginia. Children adopted through the foster care system are eligible for post-adoption services from the local departments of social services. These services provide support for the adoptive parents as well as prevent adoption disruptions. Services may include counseling and adoption support groups. # of Children receiving ongoing Adoption Assistance 120 100 109 113 112 110 106 80 60 40 20 - FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 Source: Virginia DSS Division of Family Services, VCWOR/ Oasis Reports Success Story- A removal of a medically fragile one-year-old occurred due to the child’s high needs and the parent’s inability to care for the child. The parents were homeless and substance abusers. Through the use of Family Partnership Meetings, the Family Services Specialist engaged the parents and the family that came to the table. As services were implemented over a six month time period, the parents decided that they were not able to care for a child with such severe needs as they were not able to improve their own situation even with services in place. At a Family Partnership Meeting, the parents decided to relinquish their parental rights and wanted the foster parents to adopt their child. The adoptive parents are open to the biological parents continuing to have contact with the child and will update them on the child’s progress. This child will be adopted in the next six months and within the expected timeframe of 24 months. *Success Stories are not case specific and identifying information has been changed to protect confidentiality. Fostering Futures A foster care child who turns 18 years of age on or after July 1, 2016 may participate in the Fostering Futures program. Additionally, any youth adopted after 16 years of age and who turns 18 on or after July 1, 2016 may also participate in the program. Fostering Futures provides a safety-net for youth aging out of foster care. The program requirements are intended to permit options for youth aging out of the program. The program supports youth in the critical period between the ages of 18 and 21 with education and employment options to assist them in becoming self- sufficient. Along with financial and support services, Social Services staff provide case management including monthly visits with each participant in his or her home. Currently 7 young adults are receiving services through the Fostering Futures program. OPPORTUNITIES AND CHALLENGES Additional Funding for Administration Virginia’s fiscal year 2018 budget includes additional funding for Family Services Specialists in local social services departments. Charlottesville expects funding sufficient for 1.5 to 2 additional positions. Given the significant increase in child protective services referrals and growing numbers of families and children being served in prevention and foster care, we look forward to City Council approving the appropriation of these new funds and new positions. Unknown Fiscal Year 2018 Federal Budget Currently Health and Human Services does not appear to be high on the list of priorities for many elected officials in the executive and legislative branches of the federal government. In fiscal year 2016 federal funds provided 50% of Social Services’ total expenditures (including administration and client services and benefits). At this point in time we have received notice that energy assistance for low-income families and individuals may be discontinued in the 2018 federal budget. In fiscal year 2016, $294,694 in federal energy assistance provided 643 City households with heating assistance, 344 households with cooling assistance, and 32 households with emergency energy assistance. Residential Managed Care (CSA) Beginning July 1, 2018 an additional approval method will be needed to receive funding for foster care children in residential placements. Currently, the Charlottesville Family Assessment and Planning Team (FAPT) determines eligibility and approves funding for residential placements. Along with gaining FAPT approval, Family Services Specialists will also have to present their cases to the Virginia Department of Medical Assistance (DMAS)/Magellan Independent Assessment and Care Coordination Team (IACCT). This will add an additional time-consuming layer of redundant administrative work to the workloads of Family Services staff. Community Attention Group Home (A-Home) Charlottesville Social Services is concerned about how child welfare staff will manage emergency placements in light of the Community Attention Group Home closing. The Attention Home has been an option for placements of youth coming into foster care when the department has been unable to identify a relative or family- based placement at the time of the removal. Often, they are between the ages of 12-17. After June 30th, there will be no appropriate local facility to place a child in the middle of the night if a removal occurs and a foster home is not available. Economic Impact Economic Impact - $77,152,901 Total Federal and State Funding for Fiscal Year 2016 = $77,152,901. Many of these funds were spent on rent, utilities, payments to medical providers and hospitals, purchases at grocery stores and gas stations, and purchases of clothing and school supplies, thereby increasing the economic impact to the community as the funds recycled through the local economy. The matching local costs for fiscal year 2016 totaled $3,347,541 for Social Services and $1,996,580 for the Children’s Services Act (CSA).  $54,483,594 in Medicaid and Family Access to Medical Insurance Security (FAMIS) payments to providers  $6,292,351 in the Supplemental Nutrition Assistance Program (SNAP)  $5,186,707 in Children’s Services Act (CSA) payments to providers3  $4,991,247 in Staff, Administrative, and Operations costs  $1,907,601 in Adoption Assistance payments to adoptive parents  $1,180,084 in Title IV-E Foster Care payments to providers  $1,272,349 in Child Care payments to providers  $963,914 in Temporary Assistance to Needy Families (TANF)  $294,694 in Low-Income Home Energy Assistance Program (LIHEAP)  $202,964 in Auxiliary Grant payments to providers  $133,259 Other Purchased Services for clients  $114,081 in Central Service Cost Allocation4  $68,992 in Virginia Initiative for Employment not Welfare (VIEW)  $41,012 in Independent Living Services  $14,267 in Refugee Assistance  $5,785 in General Relief Government Funding Source $3,347,541 $1,996,580 Federal/ Sate Funding Local Funding Social Services $77,152,901 Local Funding CSA 3 The Children’s Services Act (CSA) enacted in 1993 established a single State pool of funds to purchase services for at-risk youth and their families. Charlottesville Social Services coordinates administration and financial services for the CSA collaborative interagency team of Social Services, City Schools, Region Ten and the Court Services Unit. 4 Federal reimbursement for services from other city departments including, but not limited to: City Manager, City Attorney, Human Resources, Facilities Management, City Finance, City Treasurer and Purchasing. Respectfully submitted by Charlottesville Department of Social Services Advisory Board Members:  Rachel Thielmann, Chair  Jean Zearley, Vice Chair  Kathryn May Gallanosa  Christine Gough  Amanda Key  Cathee Johnson Phillips  Ivy Porpotage  Michael Signer, Mayor  Judith Zeitler CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: June 19, 2017 Action Required: Report Only – no verbal presentation Presenter: Report Only– no verbal presentation Staff Contacts: Lauren Hildebrand, Director of Utilities Dan Sweet, Stormwater Utility Administrator Title: 2016 Water Resources Protection Program Advisory Committee Annual Report Background: City Council established the Water Resources Protection Advisory Committee (WRPP-AC) by resolution in February of 2013. One of the duties of the WRPP-AC per the resolution is “to make an annual report to City Council”. Discussion: The WRPP-AC met throughout calendar year 2016 and prepared the attached annual report with minimal support from staff. Alignment with City Council’s Vision and Priority Areas: The work of the WRPP-AC and therefore the annual report supports City Council’s “Green City”, “America’s Healthiest City vision. It contributes to Goal 2 of the Strategic Plan, Be a safe, equitable, thriving, and beautiful community, and objective 2.5, to provide natural and historic resources stewardship. Community Engagement: Not Applicable Budgetary Impact: This has no impact on the General Fund. Recommendation: Not Applicable Alternatives: Not Applicable. Attachments: The 2016 WRPP-AC Annual Report Charlottesville Water Resources Protection Program Advisory Committee (WRPP-AC) End-of-Year Report to City Council, CY2016 Executive Summary The Water Resources Protection Program (WRPP) was established to comply with federal and state stormwater regulations, rehabilitate the City’s aging stormwater system, address drainage and flooding problems and pursue environmental stewardship in an economically practicable and sustainable manner. The program implementation is proceeding as expected. The stormwater utility fee has been through six billing cycles and appears to be proceeding smoothly. Revenue generated by the fee continues to be invested in on-going drainage pipe rehabilitation and future design and construction of capital improvement projects. The City offers a Stormwater Utility Fee Credit to reduce the stormwater utility fee for property owners that implement Best Management Practices on their property. Property owners are not responding to the Stormwater Utility Fee Credit Program, most likely due to the high cost of implementing a practice and the modest reduction in the fee that would be generated. The Water Quality Incentive Program continues to attract attention, though applications were significantly down in CY2016. Potentially a stewardship program, where property owners are recognized for their conservation efforts, would create more interest in BMP implementation by property owners. The City of Charlottesville’s Chesapeake Bay TMDL Action Plan was accepted by Virginia DEQ in 2016, putting the City substantially in compliance of all the requirements for the Chesapeake Bay TMDL through the next permit cycle ending in 2023 and on tract to meeting the final reduction goals for phosphorous and total suspended solids by 2028. Remaining nitrogen reduction requirements may be more challenging to meet. Regulatory uncertainty persists with the Chesapeake Bay TMDL Program which may result in changes to guidance and/or increased requirements over time. For the time being, with the water quality objectives apparently being met, the immediate program emphasis is turning to addressing drainage issues inherent to a comingled public/private drainage system. A city-wide Water Resources Master Plan is under development to identify, prioritize and select water quality drainage improvement projects. 1 Background The Water Resources Protection Program Advisory Committee (WRPP-AC) was established to advise City Council and City staff on issues regarding continued development and implementation of the Water Resources Protection Program (WRPP) and the Stormwater Utility. The WRPP is designed to comply with federal and state stormwater regulations, rehabilitate the City’s ageing stormwater system, address drainage and flooding problems and pursue environmental stewardship in an economically practicable and sustainable manner. In February 2013, City Council established the stormwater utility fee to provide an adequate and stable source of funding for the WRPP. The stormwater utility fee is a "fee for service" based on the amount of impervious surface area on individual private properties (impervious area is a basic representation of the amount of stormwater that drains from properties into the city’s regulated stormwater system). Revenue from fees is deposited in a dedicated Stormwater Utility Fund that can only be used for activities and services required to meet the objectives of the WRPP which include: • Meeting state and federal regulatory requirements contained in the City’s stormwater permit; • Identifying and implementing capital projects, including: o Rehabilitation, repair and replacement of the City owned stormwater pipe systems; o Stormwater retrofits to attain mandated pollution reductions; o Drainage improvement projects to address local flooding and drainage issues; o Stewardship projects to preserve, enhance, and restore the integrity of the City's water resources; and • Developing a City-wide Water Resources Master Plan to identify, select, and prioritize projects to accomplish the WRPP’s goals and objectives. To meet these objectives, the WRPP contains various program elements, as outline below: • Stormwater Utility Fee: The stormwater utility fee, a “fee for service” based on the amount of stormwater that drains into the City’s regulated stormwater system, provides an adequate and stable funding source for the WRPP. • Stormwater Utility Fee Credit: Fee credits (waivers) required by state law for property owners that own and maintain stormwater management facilities that provide permanent reductions in pollutants and/or stormwater runoff. • Water Quality Incentive Program: Program established by the City and the Thomas Jefferson Soil & Water Conservation District (TJSWCD), known as the Charlottesville Conservation Assistance Program (CCAP), to provide one-time incentive grants for construction of on-lot stormwater practices. • Pipe Rehabilitation & Other Project Implementation: Work to-date through capital projects to replace or line City-owned clay and metal pipes; implementation of new stormwater practices as part of other CIP projects, stand-alone stormwater retrofit projects, and redesign and reconstruction of existing stormwater practices. • Public Education & Citizen Engagement: WRPP efforts to educate, inform, and engage citizens in the program. 2 WRPP Advisory Committee Overview WRPP-AC Duties As established by City Council resolutions dated February 19, 2013 and December 16, 2013, the WRPP-AC is tasked with the following duties: • Engage in matters pertaining to the Water Resources Protection Program; • Monitor the formulation and implementation of the Water Resources Protection Program including, but not limited to, the following elements; o Master planning; o Progress with respect to pollutant reduction requirements established via the municipal separate storm sewer system (MS4) general permit; o Infrastructure rehabilitation, repair, and maintenance; o Capital drainage program; • Conduct periodic assessments of program priorities and funding needs, including recommendations for potential adjustments in the stormwater utility fee rate by City Council once specific program objectives or milestones have been satisfied; • Report to City Council from time to time on the appropriateness and effectiveness of the credits and incentives program; and • Make an annual report to City Council. WRPP-AC Membership In 2016, the WRPP-AC was composed of the following nine (9) committee members: Brian Becker (Chair), Morgan Butler, Meg Byerly Williams, Dustin Greene, David Hirschman, Leslie Middleton (Secretary), Michael Ramsey (TJSWCD), Trey Steigman, and Rebecca Quinn. Members of City staff who regularly attended and contributed to WRPP-AC meetings include Dan Sweet (Stormwater Utility Administrator), Lauren Hildebrand (Director of Utilities), Bart Pfautz (Stormwater Technician) and Bob Brown (Stormwater Technician). Summary of Year 3 WRPP-AC Activities The WRPP-AC held four meetings during CY2016: • WRPP-AC Meeting #9 – February 1, 2016 • WRPP-AC Meeting #10 – March 25, 2016 • WRPP-AC Meeting #11 - July 25, 2016 • WRPP-AC Meeting #12 - October 25, 2016. The Advisory Committee activities undertaken during 2016 are described below. • Stormwater Utility Fee implementation, including the credits and incentives program: Staff provided briefings to the WRPP-AC during CY2016 on the Stormwater Utility Fee billing, collection and use of the funds. CY2016 included two billing cycles for the Stormwater Utility Fee (June 2016 and December 2016) in which $1,924,770 was billed. As per the approved budget of the Stormwater Utility Program, funds generated from the 3 utility program fees have been capitally invested in on-going drainage pipe rehabilitation projects, the master planning process, program operational costs, and banked-in capital reserves for future year design and construction of capital improvement projects. After a small number of initial petitions for adjustments, the implementation of the Stormwater Utility Fee, which has now been through 6 billing cycles since its inception, is proceeding smoothly. The Stormwater Utility Fee Credit is an ongoing partial reduction of the stormwater utility bill for property owners that own and maintain stormwater management facilities that provide permanent reductions in pollutants and/or stormwater runoff. By state law, all stormwater utilities adopted in Virginia must include a credit program. There were no requests for credit adjustments in CY2016 and only eight requests have been approved since the program’s inception. As such, the utility fee credit program continues the first- year trend of having little impact on program implementation or the overall budget. The stormwater utility fee does not appear to be at a rate that is high enough to provide a strong incentive for property owners to invest in stormwater BMPs on their properties. Because the fees are modest the savings per billing cycle are low for those who may choose to take advantage of credits which results in a long pay-back period. Additionally, the credit program application process is complex and usually requires the assistance of a stormwater professional to navigate, increasing an owner’s investment. The WRPP-AC believes that, at the current stormwater utility fee rate, the credit program might be better marketed as a stewardship opportunity. With little financial incentive to apply, some property owners are more likely to consider implementing BMPs or improving their properties because it is the “right thing to do” for the City’s water resources and environment. The WRPP-AC will continue to explore the idea of a stewardship-orientated program in 2017. In addition to the credits (reduction in annual stormwater utility fees) the Water Quality Incentive Program offers cost-share for home owners to install stormwater BMPs on their property. The Charlottesville Conservation Assistance Program (CCAP) is a component of the Virginia Conservation Assistance Program (VCAP), administered locally by the Thomas Jefferson Soil and Water Conservation District (TJSWCD). CCAP funding is earmarked for Charlottesville residents only and is leveraged by VCAP funding as available. VCAP has been funded entirely through grants, so funding availability varies significantly. In 2016, CCAP received 5 applications from Charlottesville property owners. The most popular practice has been conversion of turf grasses to native meadows or landscapes but rain water harvesting and infiltration practices are on the rise. City staff and the WRPP-AC have observed that many homeowners install practices on their own initiative. Anecdotally, it appears that some homeowners balk at the requirement for the 10-year maintenance agreement, which is necessary to allow the City to count these practices towards the regulatory pollution reductions. Whether or not the City can count these practices, numerous, distributed stormwater BMPs positively impact water quality. • Regulatory Compliance In early 2016, the Virginia DEQ approved the City of Charlottesville’s Chesapeake Bay TMDL Action Plan, a requirement of the City’s municipal separate storm sewer system (MS4) General Permit. The Action Plan describes the phased reductions of the three pollutants of 4 concern before the end of FY2028: total nitrogen (N), total phosphorous (P), and total suspended solids (TSS, also referred to as sediment). With the approved Action Plan in place, which includes existing stormwater best management practices (BMPs), repairs and rehabilitation of existing projects, the implementation of a few new BMPs, and street sweeping, the City is in compliance with the Chesapeake Bay TMDL through the next permit cycle ending in 2023. The City is also on track to meet 2028 reduction goals in phosphorous and total suspended solids, but still requires additional reductions in nitrogen. In addition to the Chesapeake Bay TMDL, Virginia DEQ is expected to start requiring TMDL action plans for local impaired streams, which may lead to more accountability and requirements. Currently, approximately 16 stream miles in the City are listed as “impaired or threatened for one or more designated uses by a pollutant(s) and requires a TMDL.” Evaluating the program is complicated by the regulatory uncertainty with Virginia DEQ and Chesapeake Bay Program models, regulations, and permits. The City must meet specific pollutant reduction targets outlined in its MS4 permit. However, the numbers are subject to change in 2017 when the EPA Chesapeake Bay Program updates the Chesapeake Bay Model and issues the 2017 Mid-Point Assessment, which will reallocate pollutant loads and reductions to land uses across the Watershed. In addition, Virginia DEQ, responding to changes at the Bay Program, has modified its guidance to regulated MS4 permit holders on how to compute the specific reductions and the “credit” allocated to each type of practice. For instance, in 2015, DEQ modified crediting for street sweeping, stream restoration, and several other practices – all key practices that MS4 permit holders use to compute their pollutant reductions. It is anticipated that additional guidance and crediting modifications may occur in the coming years. While the City is currently on a sound trajectory for compliance with its 2023 and 2028 goals, it is anticipated that these goals may shift, as will the methods of compliance. This uncertainly makes it difficult at present to fully evaluate the program, its funding, and the rate of implementation. The WRPP-AC, with assistance from staff, plans to keep abreast of the regulatory framework and to evaluate program priorities and funding on an ongoing basis. • Capital program implementation City-Wide Water Resources Master Plan The purpose of the Water Resources Master Plan is to identify, prioritize, and select Capital Improvement Projects to improve water quality and address drainage issues. The City contracted with AMEC Foster-Wheeler to develop the Master Plan. The Advisory Committee has provided input to program staff regarding the weighting factors (e.g., cost, pollution reduction, visibility in the community, etc.) that the decision support tool uses to rank potential projects. Stormwater BMPs The only Stormwater BMP project completed in 2016 was the Charlottesville High School Stormwater Retrofit Project. This project was primarily funded by a grant and Environmental Sustainability Funds. The Stormwater Utility made a partial financial contribution. 5 Infrastructure rehabilitation, repair, and maintenance Repair and rehabilitation of the 13 miles of City-owned clay and metal stormwater drains continues. By the end of CY2016, the City had lined 6.2 miles of pipe, replaced 1.3 miles of pipe and made 89 “point” repairs to the stormwater system. Charlottesville stormwater pipes are a complicated, comingled system, with two-thirds of the pipes on private land most of which are privately owned. The City cleans and flushes the pipes on a 5-7-year cycle and maintenance on the +/- 50 mile publicly owned system is ongoing, as needed. Capital drainage projects While the City is substantially in compliance of its TMDL MS4 permit requirements, there is much work to do on the existing stormwater conveyance infrastructure. Therefore, the there is a current program emphasis on the stormwater conveyance rehabilitation program and capital drainage projects. As part of the Master Plan, drainage projects from a population of previously-identified drainage issues dating back to the late 1970s are being evaluated and prioritized. Given the comingled privately and publicly owned stormwater conveyance system, these projects are challenging and often require temporary and/or permanent agreements regarding access, ownership, and responsibility. Program staff work with the City Attorney’s office to navigate the more complex legal issues generated by the City’s comingled public/ private stormwater conveyance system. Conclusions In general, the program implementation is going as expected. The utility fee has been through six billing cycles now and appears to be proceeding smoothly. Property owners are not responding to the credit program, most likely due to the high cost of implementing a practice and the modest reduction in the fee that would be generated. The incentives program continues to attract attention, though applications were significantly down in CY2016. Potentially a stewardship program, where property owners are recognized for their conservation efforts, would create more interest in implementation by property owners. The City of Charlottesville’s Chesapeake Bay TMDL Action Plan was accepted by Virginia DEQ, putting the City substantially in compliance of all the requirements for the Chesapeake Bay TMDL through the next permit cycle ending in 2023 and on tract to meeting the final reduction goals for phosphorous and total suspended solids by 2028. However, regulatory uncertainty persists with the Chesapeake Bay TMDL Program. While the City’s action plan was approved by DEQ, the 2017 Mid-Point Assessment may change the reduction goals. There has been a recent emphasis on addressing challenges arising from a comingled public/private drainage system. The Master Plan, upon completion, will guide water quality and drainage improvement project implementation. 6