1 NOTICE OF SPECIAL MEETING A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE HELD ON Monday, August 21, 2017, AT 6:00 p.m. IN THE Second Floor Conference Room. THE PROPOSED AGENDA IS AS FOLLOWS: Closed session as provided by Section 2.2-3712 of the Virginia Code BY ORDER OF THE MAYOR BY Paige Rice SECOND FLOOR CONFERENCE ROOM – August 21, 2017 Council met in special session on this date with the following members present: Ms. Galvin, Ms. Szakos, Mr. Signer, Mr. Bellamy, Mr. Fenwick. On motion by Ms. Szakos, seconded by Mr. Fenwick, Council voted, (Ayes: Ms. Szakos, Ms. Galvin, Mr. Signer, Mr. Bellamy, Mr. Fenwick; Noes: None;) to meet in closed session for 1) Consultation with legal counsel regarding litigation strategy in the pending cases of Kessler v. City of Charlottesville and Payne v. City of Charlottesville, where such consultation in an open meeting would adversely affect the City’s litigating posture, as authorized by Virginia Code sec. 2.2-3711 (A) (7); and, 2) Discussion and consideration of prospective candidates for appointment to City boards and commissions, as authorized by Virginia Code sec. 2.2-3711 (A) (1). On motion by Ms. Szakos, seconded by Mr. Bellamy, Council certified by the following vote (Ayes: Ms. Galvin, Ms. Szakos, Mr. Fenwick, Mr. Bellamy; Noes: None; Absent at time of vote; Mr. Signer), that to the best of each Council Member's knowledge, only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the motion convening the closed session were heard, discussed or considered in the closed session. COUNCIL CHAMBER - August 21, 2017 ROLL CALL Council met in regular session on this date with the following members present: Mr. Signer, Mr. Bellamy, Mr. Fenwick, Ms. Galvin. Mr. Signer read a resolution regarding August 12 from City Council. He was interrupted, so he stopped reading the resolution and read the rules for the meeting. He was disrupted several times. He called several people in the meeting to order. Mr. Signer read a resolution in remembrance of the people who lost their lives on August 12. He called for a moment of silence. 2 AWARDS/RECOGNITIONS/ANNOUNCEMENTS Mr. Fenwick announced a scam alert and reminded residents that the City will never directly solicit donations. Please visit www.cacfonline.org to contribute to the Heal Charlottesville fund. He announced City closings for Labor Day. Mr. Bellamy announced the Heal Charlottesville Fund has been established by the community foundation. Go to www.cacfonline.org to make a donation. He encouraged staff and residents to seek mental health help in the wake of recent events. He said school starts this week, and he is looking for a group of folks to meet and greet incoming students and their parents at Buford Middle School at 8:00 a.m. He said Council will discuss a resolution about the removal of the Jackson statue later this evening. Ms. Szakos read excerpts from a proclamation for Women's Equality Day. Ms. Kobby Hoffman, Ms. Charlotte Gibson, and Ms. Abbey Guskind accepted the proclamation on behalf of the Charlottesville National Organization for Women. Mr. Signer called an attendee to order for shouting out during the meeting. Ms. Szakos said the Mental Health and Wellness Coalition is providing support for the community. Go to www.helphappenshere.com for more information. She gave information for several referral agencies. She also gave information for a police information and tip line. Ms. Galvin announced Alex Zan's "Children - All People Matter Rally" to connect people, especially children, on Saturday, August 26 at Washington Park. She also announced the Route 29 Hydraulic small area plan concepts will be presented to the public on August 23 at the Charlottesville High School Martin Luther King Performing Arts Center. Mr. Signer announced a Community Recovery Town Hall on Thursday, August 24 from 6:00 p.m. – 8:00 p.m. at the Martin Luther King Performing Arts Center, which will be facilitated by the Department of Justice Community Relations team. Mr. Fenwick read a statement about August 12. He was interrupted by multiple attendees. Mr. Signer called several attendees to order. He ordered someone removed from the meeting. The meeting was disrupted several times, and Council left the Chambers for a period of time. Council returned to Chambers, suspended their regular meeting, and held an open-ended public hearing conducted by Mr. Bellamy. Members of the public were allowed a one minute limit to speak about the events of August 11 and 12. Mr. Jones addressed the attendees and provided information. Citizens and Council discussed the need to know how and when to request changes in laws through the General Assembly. 3 OTHER BUSINESS Ms. Szakos moved to make an immediate application to the BAR for a certificate of appropriateness for the removal of the Stonewall Jackson and Robert E. Lee statue. As the statues are located in the design control district, technically Council needs a BAR certificate of appropriateness. Council does not have to wait until after the court ruling to apply for the certificate. Ms. Szakos requested a vote on the matter tonight. Mr. Signer explained that due to the urgency for this action, a vote will be taken tonight. Ms. Galvin seconded the motion. The motion passed. (Ayes: Ms. Szakos, Ms. Galvin, Mr. Signer, Mr. Bellamy, Mr. Fenwick; Noes: None.) Mr. Signer said that the Councilors have a chance to establish future agenda items and discuss other business. Ms. Szakos moved to explore policies that can limit demonstrations. Ms. Szakos said she wants to either have a burlap cover or some black cloth over the statues, or at least a drape of mourning on the statues. Since the cloth does not damage the statue in any way, it would not be in violation of the injunction. Ms. Szakos said she wants to begin the process of memorializing Ms. Heather Heyer. There will be a longer process community engagement process about what appropriate memorials are not only to Ms. Heyer, but to all the victims of white supremacy in Charlottesville over the last several centuries. Ms. Szakos suggested an honorary street name on Fourth St. between Market St. and Water St. She requested that Council submit an application for the honorary street name. Ms. Szakos said her last item is the report and pending review of the Police Department and a review of our crisis communications strategy going forward. Ms. Galvin recommended amendments to the original approved resolution from February 6, 2017, about the master planning of both Emancipation Park and Justice Park, and make it explicitly clear that both statues would be removed. Also, she suggested an amendment to extend submittal time for applicants to give an additional three months to re-do their scope of work. Ms. Galvin asked that Mr. Brown review the amendments before placing it on a future agenda. She requested discuss of the kind of memorial that should be installed in Emancipation Park. Mr. Signer asked for Council consensus; Council agreed. Mr. Fenwick asked to make sure the Police Department and the prosecutors have the assets necessary to pursue crimes. He asked that the City be sure Heather Heyer's family is involved in the memorial process. 4 Mr. Bellamy reviewed a proposed resolution to remove and relocate the statue of Stonewall Jackson in Justice Park and expedite the removal of both the Jackson and Robert E. Lee statues, pending final disposition. He requested that it be voted on at the September 5 Council meeting. Mr. Fenwick asked for the patience of the community while the Police Department is pursuing indictments and prosecutions so that they can be sure they get it right. Mr. Signer asked to launch a comprehensive review of the City's permitting process to give the City the maximum ability to prioritize public safety in such situations as we were faced with. He asked to include limiting the size of events, increasing insurance level requirements, and exploring and updating the legal standard for "credible threat of violence" with a new approach that can address the threat of the intentional creation of mayhem before it happens, particularly when it is fomented with social media and shadow networks. The Constitution has to adapt to the life that we live, and it did not protect us during the weekend of August 12. Mr. Signer said we should also ask the General Assembly about our ability to regulate people who are intentionally wearing uniforms or insignia of military or militia to reduce confusion during events such as this. This presents a clear public safety risk and is intimidating to regular citizens. Mr. Signer reiterated that the independent review is most important. Ms. Szakos made a motion that Council immediately put a process into place to cover or drape the Lee and Jackson statues with black fabric for the lives lost on the weekend of August 12, to be administered by the City Manager’s staff. Ms. Galvin said this is a customary mourning act, and the City is in mourning. Ms. Szakos amended her motion to say, "in recognition of the City's mourning." Mr. Bellamy seconded the motion as amended. When asked for advice, Mr. Brown said there is a good likelihood that this action may be challenged in court, and we will simply have to defend it. The motion passed. (Ayes: Ms. Szakos, Ms. Galvin, Mr. Signer, Mr. Bellamy, Mr. Fenwick; Noes: None.) BOARDS/COMMISSIONS On motion by Mr. Fenwick, seconded by Ms. Szakos, the following appointments were made to Boards and Commissions: to the CEDA: Ed Schmitz; to the Citizen’s Police Advisory Panel: Tara Hodges; to the Historic Resources Committee: Alissa Diamond, Genieve Keller, Melanie Miller, Jalane Schmidt; to the Human Rights Commission: Idil Aktan, Melvin Grady; to the Jefferson Area Community Criminal Justice Board, Hosea Mitchell; Jefferson-Madison Regional Library Board, Carla Mullen; to the Rivanna Corridor Planning Steering Committee, Bob Fenwick, Kristin Szakos; to the Rivanna River Basin Commission, Mike Signer; to the 5 Sister City Commission, Patrick Cory, Terri DiCintio, Tami Keaveney, Yates Nobles; to the Water Resources Protection Program Advisory Committee, Jeff Atkins, Mary Eiserman. (Ayes: Ms. Szakos, Ms. Galvin, Mr. Signer, Mr. Bellamy, Mr. Fenwick; Noes: None.) CONSENT AGENDA a. Minutes for July 17, 2017 b. APPROPRIATION: Funds for the City of Charlottesville's 2017-2018 Community Development Block Grant - $430,316.31 (2nd reading) Community Development Block Grant WHEREAS, the City of Charlottesville has been advised of the approval by the U.S. Department of Housing and Urban Development of a Community Development Block Grant (CDBG) for the 2017-2018 fiscal year in the total amount of $413,577.31 that includes new entitlement from HUD amounting to $388,048.00, and previous entitlement made available through reprogramming of $42,268.31. WHEREAS, City Council has received recommendations for the expenditure of funds from the CDBG Task Force, the SAT, the 10th and Page Priority Neighborhood Task Force and the City Planning Commission; and has conducted a public hearing thereon as provided by law; now, therefore BE IT RESOLVED by the City Council of Charlottesville, Virginia, that the sums hereinafter set forth are hereby appropriated from funds received from the aforesaid grant to the following individual expenditure accounts in the Community Development Block Grant Fund for the respective purposes set forth; provided, however, that the City Manager is hereby authorized to transfer funds between and among such individual accounts as circumstances may require, to the extent permitted by applicable federal grant regulations. PRIORITY NEIGHBORHOOD 10th and Page – Pedestrian safety and accessibility improvements $282,000.31 ECONOMIC DEVELOPMENT Community Investment Collaborative Scholarships $12,500 PUBLIC SERVICE PROGRAMS United Way – Childcare Subsidies $24,837 City of Promise – Enrolled to Launch Program $17,837 OAR Re-entry Services $15,533 ADMINISTRATION AND PLANNING: Admin and Planning $77,609 TOTAL $430,316.31 6 BE IT FURTHER RESOLVED that this appropriation is conditioned upon the receipt of $388,048 from the Department of Housing and Urban Development. The amounts so appropriated as grants to other public agencies and private non-profit, charitable organizations (sub-recipients) are for the sole purpose stated. The City Manager is authorized to enter into agreements with those agencies and organizations as he may deem advisable to ensure that the grants are expended for the intended purposes, and in accordance with applicable federal and state laws and regulations; and The City Manager, the Directors of Finance or Neighborhood Development Services, and staff are authorized to establish administrative procedures and provide for mutual assistance in the execution of the programs. c. APPROPRIATION: Funds for the City of Charlottesville's 2017-2018 HOME Funds - $90,748.69 (2nd reading) WHEREAS, the City of Charlottesville has been advised of the approval by the U.S. Department of Housing and Urban Development of HOME Investment Partnerships (HOME) funding for the 2017-2018 fiscal year; WHEREAS, the region is receiving an award for HOME funds for fiscal year 17-18 of which the City will receive $57,113.25 to be expended on affordable housing initiatives such as homeowner rehab and down payment assistance. WHEREAS, it is a requirement of this grant that projects funded with HOME initiatives money be matched with local funding in varying degrees; BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the local match for the above listed programs will be covered by the Charlottesville Housing Fund (account CP-0084 in SAP system) in the amount of $14,278.31; to be held in P-00507 until applied to individual projects. Project totals also include previous entitlement made available through program income of $19,357.13. The total of the HUD money, program income, and the local match, equals $90,748.69 and will be distributed as shown below. PROJECTS HOME EN % MATCH MATCH OTHER TOTAL Habitat for Humanity, DPA $32,000 20 % $8,000 $40,000 PHA, DPA $25,113.25 20 % $6,278.31 $19,357.13 $50,748.69* * includes Program Income which does not require local match. BE IT FURTHER RESOLVED that this appropriation is conditioned upon the receipt of $57,113.25 from the Department of Housing and Urban Development. The amounts so appropriated as grants to other public agencies and private non-profit, charitable organizations (sub-recipients) are for the sole purpose stated. The City Manager is authorized to 7 enter into agreements with those agencies and organizations as he may deem advisable to ensure that the grants are expended for the intended purposes, and in accordance with applicable federal and state laws and regulations; and The City Manager, the Directors of Finance or Neighborhood Development Services, and staff are authorized to establish administrative procedures and provide for mutual assistance in the execution of the programs. d. APPROPRIATION: HOME Investment Partnerships Program - $3,214.26 (2nd reading) WHEREAS, The City of Charlottesville has received $3,214.26 from Charlottesville Redevelopment and Housing Authority as repayment for loans made through the HOME Investment Partnerships Program (HOME) program in prior years; NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the sum of $3,214.26 is hereby appropriated in the following manner: $3,214.26 Revenue Fund: 210 IO: 1900280 HOME PI Carry-forward G/L: 451070 HOME PI $3,214.26 Expenditures Fund: 210 IO: 1900280 HOME PI Carry-forward G/L: 530670 Other Contractual Services e. APPROPRIATION: Amendment to Community Development Block Grant Account (2nd reading) WHEREAS, Council has previously approved the appropriation of certain sums of federal grant receipts to specific accounts in the Community Development Block Grant (CDBG) funds; and WHEREAS, it now appears that these funds have not been spent and need to be reprogrammed, and therefore, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that appropriations made to the following expenditure accounts in the CDBG fund are hereby reduced or increased by the respective amounts shown, and the balance accumulated in the Fund as a result of these adjustments is hereby re-appropriated to the respective accounts shown as follows: Program Account Code Purpose Proposed Proposed Proposed Year Revised Revised Revised Reduction Addition Appropriation 14-15 P-00001-05-03 C4K Websites $37,340.08 8 15-16 P-00001-05-08 Seedplanters $150.29 15-16 P-00001-02-72 City of Promise $2,624.77 15-16 P-00001-05-12 ReadyKids Facility Project $1,556.12 16-17 P-00001-02-79 OED GO Driver $597.05 16-17 P-00001-05-19 Priority Neighborhood $42,268.31 $42,268.31 TOTALS: $42,268.31 $42,268.31 $42,268.31 f. APPROPRIATION: Virginia Department of Social Services (VDSS) Employment for Temporary Aid to Needy Families (TANF) Participants Grant - $66,667 (Carried) TANF Participants Grant g. RESOLUTION: Authorizing Execution of a Standard Project Administration Agreement for State-Aid Highway Maintenance Projects Highway Maintenance Projects RESOLUTION AUTHORIZING EXECUTION OF A STANDARD PROJECT ADMINISTRATION AGREEMENT FOR STATE-AID HIGHWAY MAINTENANCE PROJECTS WHEREAS, the Virginia Department of Transportation and the City of Charlottesville desire to execute a standard Project Administration Agreement for one state-aided project, referenced as Virginia Department of Transportation Project Number 6250-104-347 (UPC 111325); NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that said Council hereby commits to fund its local share of construction, as applicable, for the Projects administered under agreement with the Virginia Department of Transportation, in accordance with the project financial document(s); and BE IT FURTHER RESOLVED, by said Council that the City Manager is hereby authorized to execute the Project Administration Agreement for the above-referenced projects on behalf of and as the agent of the Charlottesville City Council. h. APPROPRIATION: VDOT Primary Extension Paving Project Funds - $52,085 (Carried) i. APPROPRIATION: Substance Abuse and Mental Health Services Administration Drug Treatment Court Grant Award - $294,140 (Carried) Drug Treatment Court Grant Award 9 j. APPROPRIATION: Charlottesville/Albemarle Adult Drug Treatment Court Grant Award - $205,000 (Carried) Drug Treatment Court Grant Award k. RESOLUTION: Supporting Safe Routes to School ("SRTS") Projects Supporting Safe Routes to School RESOLUTION Supporting Safe Routes to School (“SRTS”) Projects WHEREAS, obesity is one of the most serious threats to American public health, ranking third among preventable causes of death in the United States; WHEREAS, motor vehicle crashes are also a leading cause of death and injury to children; WHEREAS, between 1969 and 2009 the percentage of children walking and biking to school dramatically declined from 48 percent to 13 percent; WHEREAS, the Safe Routes to School program, created by Congress in 2005, aimed to increase the number of children engaged in active transportation when traveling to school by funding (1) infrastructure projects, located within two miles of a public school, that directly increase safety and convenience for public school children walking and/or biking to school, and (2) non-infrastructure projects designed to encourage public school children to walk and bicycle to school; WHEREAS, Safe Routes to School projects are a proven, effective approach to increasing the number of children actively traveling to school by foot or bike; WHEREAS, Safe Routes to School projects provide important health, safety, and environmental benefits for children, including reducing risk of obesity/chronic disease and pedestrian/bicycle injuries as well as improving air quality; WHEREAS, the need for Safe Routes to School projects is especially strong in low- income areas, which suffer from a disproportionately high incidence of both childhood obesity/chronic disease and pedestrian and bicycle injuries and often have inferior pedestrian and bicycle infrastructure; WHEREAS, Safe Routes to School projects make it safer and more convenient for all residents to walk and bike to destinations, further promoting public health; WHEREAS, a goal of the City of Charlottesville’s current Comprehensive Plan, Bicycle and Pedestrian Master Plan, Complete Streets Resolution and Healthy Eating Active Living Resolution supports active transportation options, which can be met in part by implementation of Safe Routes to School projects; 10 NOW, THEREFORE, BE IT RESOLVED that the City of Charlottesville affirms its commitment to active transportation and supporting Safe Routes to School infrastructure and non-infrastructure projects. l. APPROPRIATION: Safe Routes to School Non-Infrastructure Grant Application - $59,000 (Carried) m. APPROPRIATION: Juvenile Accountability Block Grant - One-Time Special Fund Family Check Up and Everyday Parenting Training Grant - $20,000 (Carried) Juvenile Accountability Block Grant n. APPROPRIATION: Greenstone on 5th Corporation Sponsorship Agreement for Enhanced Police Coverage - $82,184 (Carried) Enhanced Police Coverage o. APPROPRIATION: Albemarle County Reimbursement for the Central Library Water Infiltration Project - $22,789.83 (Carried) Reimbursement for the Central Library Water Infiltration Project p. APPROPRIATION: Emergency Medical Services System Improvement Strategy and Cost Recovery Program (Carried) Emergency Medical Services System Improvement q. RESOLUTION: Establish Fee Schedule for Emergency Medical Services Vehicle Transport Services RESOLUTION ESTABLISHING 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 EMS vehicle transport service fees are hereby established, effective August 21, 2017, for all EMS vehicle transport services provided in accordance with Sec. 12-43 of the City Code of Ordinances: 11 1. For Basic Life Support (BLS) transport services: $500. BLS is defined as the emergency response and transport of a patient that requires assessment and treatment by a BLS Technician and no Advanced Life Support procedures. 2. For Advanced Life Support Level 1 (ALS1): $600. ALS1 is defined as the emergency response and transport of a patient that requires assessment and treatment by an ALS Technician and one or more Advanced Life Support procedures. 3. For Advanced Life Support Level 2 (ALS2): $850. ALS2 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 (GTM): $15.00/mile. GTM 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. r. RESOLUTION: Transfer Capital Contingency Funds for Purchase of Mobile Data Computers for the Charlottesville-Albemarle Rescue Squad RESOLUTION. Mobile Data Computers for Charlottesville-Albemarle Rescue Squad (CARS) $60,000 BE IT RESOLVED by the City Council of the City of Charlottesville, Virginia that the sum of $60,000 is hereby transferred in the following manner: Transfer From $60,000 Fund: 426 WBS Element: CP-080 G/L Code: 599999 Transfer To $60,000 Fund: 426 WBS Element: P-00936 G/L Code: 599999 s. ORDINANCE: Urban Archery Ordinance and related revisions (2nd reading) Urban Archery Ordinance AMENDING AND REORDAINING CHAPTER 33 (WEAPONS) OF THE CODE OF THE CITY OF CHARLOTTESVILLE, 1990, AS AMENDED RELATING TO URBAN ARCHERY HUNTING. t. ORDINANCE: Closing and Vacating First Street South (2nd reading) First Street South 12 CLOSING, VACATING AND DISCONTINUING A PORTION OF THE FIRST STREET, SOUTH, RIGHT-OF-WAY u. RESOLUTION: Confirmation of the Declaration of a Local Emergency Confirmation of the Declaration of a Local Emergency A RESOLUTION CONFIRMING THE DECLARATION OF A LOCAL EMERGENCY IN THE CITY OF CHARLOTTESVILLE ON AUGUST 12, 2017 WHEREAS, on Saturday, August 12, 2017 the Charlottesville City Manager, in his capacity as the local Director of Emergency Management for the City, declared a local emergency pursuant to Virginia Code §44-146.21, due to ongoing civil disobedience and unrest, and the potential for injury to persons and destruction of public and personal property arising from the “Unite the Right” rally held at Emancipation Park; and, WHEREAS, the Virginia Emergency Services and Disaster Law provides that the declaration of an emergency by the local Director of Emergency Management is subject to confirmation by the local governing body at its next regularly scheduled meeting or at a special meeting within 45 days of the declaration, whichever occurs first. NOW, THEREFORE, BE IT RESOLVED by the Council for the City of Charlottesville, Virginia that pursuant to Virginia Code §44-146.21 (A) City Council hereby confirms the Declaration of Local Emergency made on August 12, 2017 by the Charlottesville City Manager, and further declares and confirms that the declared local emergency is no longer in existence. On motion by Ms. Galvin, seconded by Ms. Szakos, the Consent Agenda passed. (Ayes: Ms. Szakos, Ms. Galvin, Mr. Signer, Mr. Bellamy, Mr. Fenwick; Noes: None.) MATTERS BY THE PUBLIC Mr. Jason Blackwell, Belmont, said Council is trying to demonstrate transparency. This can quell a lot of the anger; please continue with the transparency. Mr. Randall Prigton said we should add memorials to Grant and Truman instead of removing monuments. He said he fears for his life and the life of his black girlfriend because of extremists. David, a UVA student, said the University is undertaking a "March to Reclaim Our Grounds" and read a list of demands. The demands ranged from removing the confederate plaques from the Rotunda and placing them in a museum to increasing the racial make-up of faculty and students to reflect state demographics. 13 A woman asked about plans for opening 4th Street. Mr. Jones said it will be kept closed for now, pending further discussions with Council. Mr. Clifford Hall, 938 5th St. SW, gave his solution to economic problems in Charlottesville. Mr. Fenwick said he disagreed with presenting the right and left as equally at fault. Mr. Bellamy seconded his remarks. Meeting adjourned. Clerk of Council