1 NOTICE OF SPECIAL MEETING A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE HELD ON Monday, December 18, 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 NEIGHBORHOOD DEVELOPMENT SERVICES CONFERENCE ROOM – December 18, 2017 Council met in special session on this date with the following members present: Ms. Galvin, Mr. Signer, Mr. Bellamy, Mr. Fenwick, Ms. Szakos. On motion by Mr. Fenwick, seconded by Mr. Bellamy, Council voted, (Ayes: Ms. Szakos, Ms. Galvin, Mr. Signer, Mr. Fenwick, Mr. Bellamy; Noes: None;) to meet in closed session for: (1) Consultation with legal counsel regarding pending litigation seeking the removal of tarps from the Lee and Jackson statues, 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 of the resignation of a specific City employee, as authorized by Virginia Code sec. 2.2-3711 (A) (1). On motion by Mr. Fenwick, 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 CHAMBERS - December 18, 2017 ROLL CALL Council met in regular session on this date with the following members present: Mr. Signer, Mr. Bellamy, Mr. Fenwick, Ms. Galvin, Ms. Szakos. MATTERS BY THE PUBLIC Ms. Szakos read the rules for Matters by the Public. Ms. Hannah Hein, City resident, addressed Council about animal welfare issues and asked residents to bring their pets inside during extreme weather conditions. 2 Mr. James Hingeley, City resident, said we have a problem with controlling passions in Council Chambers. He read Council's protocols and said this is time to renew our commitment to democratic norms that ensure civility during Council meetings. Mr. Jason Kessler, City resident, stood to speak. Ms. Szakos ordered attendees to stop speaking out of turn. Mr. Kessler said he objected to his permit being denied. He would not stop speaking when the timer rang, and he was asked to leave the meeting. Ms. Mary Carey thanked recent visitors to Midway Manor. She said that African Americans and Native Americans are still struggling. She said Emancipation Park should be renamed. Ms. Carey refused to stop speaking when her time was up, and Ms. Szakos asked her to be escorted out of Chambers. She refused to leave. Ms. Szakos adjourned the meeting to resolve the matter. Ms. Szakos called the meeting back to order. Ms. Carey was permitted to remain in Chambers as long as she did not cause further disruption. Mr. John Lawrence, 213 W. Main St., said he and his wife started Mudhouse Coffee on the Downtown Mall in 1993. He spoke about the effects of parking meters on the businesses on the mall. He said there has been a dramatic loss in numbers over the past year. Please suspend the parking program. Ms. Jennifer Tidwell, Chesapeake St., said she started a petition to oppose reinstating the parking meters, and it now has 750 signatures. She said the timing of the trial implementation was terrible, and business seems to be down. Ms. Joan Fenton, 3705 Country Ln., asked the City to support free parking for downtown businesses. Ms. Kat Mayberry, City resident and organizer for Indivisible Charlottesville, said if the County courts are moved, it would degrade access to justice, particularly for low-income communities. Please be proactive about renegotiating this matter. She said she is supportive of a civilian review board. She said the board should have subpoena powers and the ability to effect change on a policy level. Mr. Michael Payne spoke against the Dewberry Hotel performance agreement and said this is a terrible deal for the City. He suggested declaring the property a public nuisance, condemning it, and acquiring the property to develop for affordable housing. He said projects such as this will accelerate gentrification. Ms. Robin Bryant, Belmont resident, said her son, Jason Shifflett was murdered two years ago. She said she has not heard anything from the police, and she said no one is running the police department. She asked that the FBI take over her son's case. Ms. Jeanette Martin, president of the NAACP, made a statement on behalf of the Albemarle/Charlottesville branch regarding the Independent Review. She said there are still unanswered questions. She said the retirement of the Chief of Police cannot be the only resolution. She said the events of this summer cannot ever happen in our City again. 3 Mr. Don Gathers said the removal of Chief Thomas from the head of the police department as a result of a white supremacist take-over will further fracture an already divided community. He spoke against the actions of a citizen at the December 4 meeting. He called on Mr. Signer to resign. He asked Council to reject the Dewberry Hotel. He asked Council to give the Civilian Review Board what they need to do their job. Mr. Jeffrey Fogel, Belmont, said there is a proposed amendment to the City Charter with respect to permitting, which will make it as onerous as possible to get a permit in the City. The people who will suffer from these changes are community members. He asked Council to prioritize community engagement with important issues. He asked if Chief Thomas was forced to resign. Mr. Jones said he was not. Mr. Fogel said he would like to hear the truth about what happened from Chief Thomas. He said he was most worried about the person now in charge of the department. Ms. Gloria Beard said she can never find a parking space on the Downtown Mall. She said the City threw Chief Thomas under the bus, and she thinks it was a set-up because they never wanted him there in the first place. Dr. Rick Turner asked for clarification on who the acting Police Chief is. He said silence is betrayal, and the near-silence of the black church in Charlottesville is particularly disappointing. AWARDS/RECOGNITIONS & ANNOUNCEMENTS Mr. Fenwick announced the City's holiday closings. Mr. Bellamy announced a letter to the Charlottesville Albemarle Convention & Visitors Bureau (CACVB) Board of Directors from the City will be read under other business. Mr. Bellamy said a Kwanza celebration will take place on Thursday, December 26 from 3- 5pm at the Jefferson School. Mr. Bellamy said the Councilors hear the concerns that were brought forward this evening and are working on it. Mr. Signer announced that Council received a response to the concerns regarding the tax bill from our senators. A copy may be found in the Clerk's office. Ms. Galvin announced the City's Office of Sustainability received the SolSmart award for being designated a silver level city. Ms. Susan Elliott accepted on behalf of the department. Ms. Galvin said the City negotiated a parking agreement with the County in 2016. They have asked the County to begin negotiations with the City in earnest once again. She read excerpts from a letter sent to the County this evening regarding the negotiations. This is an important step to keep the courts consolidated in Court Square. 4 CITY MANAGER RESPONSE TO MATTERS BY THE PUBLIC Mr. Jones updated Council on issues raised during Matters by the Public at previous meetings, including JAUNT service and the Department of Justice community group. Ms. Szakos asked Mr. Jones to give a brief overview of the plan for the interim police. Ms. Walker began speaking from the floor. Mr. Signer invited her forward to speak. Mr. Bellamy made a motion to invite Ms. Walker to finish her comments at the microphone, as well as an explanation from Mr. Jones regarding the decision to make Capt. Pleasants acting Chief. Ms. Galvin seconded the motion. All Councilors were in favor. Ms. Walker said the manner in which the Police Chief's retirement was announced does not build trust in the community. A black man is taking the fall for what happened in our community. She said it is unacceptable to now put someone in charge who was responsible for releasing tear gas at the July event. She said this is not a good start for moving forward in this City. She said the Council does not understand white supremacy and the foothold it has, and there is no way the current head of the police department should be in charge. She said the list of people who need to be held accountable is long, and it cannot be just Chief Thomas. Mr. Jones said Chief Thomas made a statement as part of his press release today, and it was his decision to retire effective immediately. He said any further questions should be directed to Chief Thomas. Mr. Signer asked for an update for Ms. Turner. Mr. Jones said this matter has to be cleared through the legal department. Ms. Hudson spoke out from the floor. Mr. Signer called for order. CONSENT AGENDA a. Minutes for December 4, 2017 b. APPROPRIATION: Housing Opportunities for People with AIDS/HIV - $19,543 (2nd reading) Housing Opportunities for People with AIDS/HIV WHEREAS, The City of Charlottesville, through the Department of Human Services, has received the H.O.P.W.A. Grant from the Virginia Department of Housing and Community Development in the amount of $19,543; NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the sum of $19,543 is hereby appropriated in the following manner: Revenues $19,543 Fund: 209 IO: 1900291 (H.O.P.W.A.) G/L: 430120 Federal Pass-Thru State 5 Expenditures $19,543 Fund: 209 IO: 1900291 (H.O.P.W.A.) G/L: 530550 Contracted Services BE IT FURTHER RESOLVED, that this appropriation is conditioned upon receipt of $19,543 in funds from the Virginia Department of Housing and Community Development. c. APPROPRIATION: FY 2018 Transit Grants - $793,270 (2nd reading) FY 2018 Transit Grants WHEREAS, a Federal Operating Grant of $1,556,296 and State Operating Grant of $1,722,402 have been awarded to the City of Charlottesville, the combined amounts of operating grants are $144,688 more than previously budgeted; and WHEREAS, a Federal Grant has been awarded to JAUNT in the amount of $518,766 and these funds must pass through the City of Charlottesville; and WHEREAS, a State Capital Grant of $100,028 and a Federal Capital Grant of $385,680 have been awarded to the City of Charlottesville, the amount of capital local match budget in fund 245 is $53,680 less than the FY2018 amount in CIP, the FTA directs that $24,396 of the proceeds from prior year asset dispositions be used for purchasing new assets, resulting in combined addition to the capital budget of $129,816 more than the amount budgeted; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the following is hereby appropriated in the following manner, contingent upon receipt of the grant funds: Revenue (Operating) $241,402 Fund: 245 Cost Center: 2801003000 G/L: 430080 State Assistance $(96,714) Fund: 245 Cost Center: 2801003000 G/L: 431010 Federal Assistance Expenditures (Operating) $144,688 Fund: 245 Cost Center: 2801003000 G/L: 599999 Lump Sum Revenue (JAUNT) $518,766 Fund: 245 Cost Center: 2821002000 G/L: 431010 Fed Assistance Expenditures (JAUNT) $518,766 Fund: 245 Cost Center: 2821002000 G/L: 540365 JAUNT Payment Revenue (Capital) $95,700 Fund: 245 Cost Center: 2804001000 G/L: 430110 St Grants $(43,960) Fund: 245 Cost Center: 2804001000 G/L: 431110 Fed Grants $24,396 Fund: 245 Cost Center: 2804001000 G/L: 435990 Warehouse Sales $53,680 Fund: 245 Cost Center: 2804001000 G/L: 498010 Transfer from CIP 6 Expenditures (Capital) $129,816 Fund: 245 Cost Center: 2804001000 G/L: 541040 Acq. Com-Veh. BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $1,822,430 from the Virginia Department of Rail and Public Transportation and $2,460,742 from the Federal Transit Administration. d. APPROPRIATION: City Schools Reimbursement for Greenbrier Elementary Modular Classroom Project -$6,306.28 (2nd reading) Greenbrier Elementary Modular Classroom Project WHEREAS, C.C.S. was billed by the City of Charlottesville in the amount of $6,306.28. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that $6,306.28 from C.C.S. is to be appropriated in the following manner: Revenues - $6,306.28 Fund: 426 Funded Program: SC-003/P-00950-01 G/L Account: 432085 Expenditures - $6,306.28 Fund: 426 Funded Program: SC-003/P-00950-01 G/L Account: 599999 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $6,306.28, from Charlottesville City Schools. e. APPROPRIATION: 2017 Grand Illumination Sponsorships - $4,000 (2nd reading) 2017 Grand Illumination Sponsorships WHEREAS, the City of Charlottesville, through the Office of Communications, has received donations to sponsor and offset costs for Grand Illumination. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville funding is hereby appropriated in the following manner: Revenue $4,000 Fund: 105 Internal Order: 2000130 G/L Account: 451020 Expenditures $4,000 Fund: 105 Internal Order: 2000130 G/L Account: 599999 BE IT FURTHER RESOLVED, that any remaining funds will carry over into the following fiscal year and future donations for the purposes of Grand Illumination will be 7 automatically appropriated. f. APPROPRIATION: Insurance Settlement for Damaged Police Car - $6,294.95 (Carried) Insurance Settlement for Damaged Police Car g. APPROPRIATION: Local Emergency Management Performance Grant (LEMPG) - $7,500 (Carried) Local Emergency Management Performance Grant h. RESOLUTION: Council Regular Meeting Schedule for 2018 Council Regular Meeting Schedule for 2018 RESOLUTION Approval of City Council Regular Meeting Schedule for 2018 BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the Following dates are approved for regularly scheduled Council meetings for 2018: Tuesday, January 2, 2018 July 2, 2018 Tuesday, January 16, 2018 July 16, 2018 February 5, 2018 August 6, 2018 – no meeting (summer break) Tuesday, February 20, 2018 August 20, 2018 March 5, 2018 Tuesday, September 4, 2018 March 19, 2018 September 17, 2018 April 2, 2018 October 1, 2018 April 16, 2018 October 15, 2018 May 7, 2018 November 5, 2018 May 21, 2018 November 19, 2018 June 4, 2018 December 3, 2018 June 18, 2018 December 17, 2018 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. 8 i. RESOLUTION: Police Civilian Review Board Civilian Review Board j. RESOLUTION: Extension of the Charlottesville Affordable Housing Fund Grant Agreement with Habitat for FY 2016 Scattered Site Down Payment Assistance Program Extension of the Charlottesville Affordable Housing Fund Grant RESOLUTION Extension of the Charlottesville Affordable Housing Fund Grant Agreement with Habitat for Humanity of Greater Charlottesville for their FY 2016 Scattered Site Down Payment Assistance Program WHEREAS, the City of Charlottesville awarded funding to Habitat for Humanity of Greater Charlottesville for the purpose of providing down payment assistance to low-income homebuyers living and/or working within the City of Charlottesville; and WHEREAS, between July 2016 and November 2017, Habitat for Humanity of Greater Charlottesville successfully used 97 percent of the program funds to provide down payment assistance nine homebuyers; NOW, THERFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the grant agreement for the Habitat for Humanity of Greater Charlottesville’s Scattered Site Down Payment Assistance Program be extended through June 30, 2018. k. RESOLUTION: Amendment to Fire Services Agreement Between the City of Charlottesville and Albemarle County Fire Services Agreement RESOLUTION BE IT RESOLVED by the Council for the City of Charlottesville, Virginia, that the City Manager is hereby authorized to sign the following document, attached hereto, in form approved by the City Attorney or his designee. Amendments to the Fire Services Agreement between City of Charlottesville and County of Albemarle to extend the current agreement for an additional five (5) years (until June 30, 2023). l. RESOLUTION: 2017 City-LEAP Climate Protection Program Support Grant - $67,000 9 2017 City-LEAP Climate Protection Program Support Grant RESOLUTION 2017 Climate Protection Program Support Grant $ 67,000 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Charlottesville, Virginia that the sum of $67,000 is hereby paid to LEAP from currently appropriated funds in the Gas Fund, Environmental Sustainability Cost Center as follows: $67,000 Fund: 631 Cost Center: 2711001000 G/L Account: 599999 m. ORDINANCE: Zoning Text Amendments (2nd reading) Zoning Text Amendments APPROVING AMENDMENTS TO CHAPTER 34 (ZONING)OF THE CODE OF THE CITY OF CHARLOTTESVILLE (1990), AS AMENDED, TO CLARIFY THE STREETWALL REGULATIONS WITHIN THE DOWNTOWN MIXED USE CORRIDOR DISTRICT; TO MODIFY THE REQUIREMENTS APPLICABLE TO EXPANSION OF CERTAIN NONCONFORMING STRUCTURES WHICH ARE INDIVIDUALLY PROTECTED PROPERTIES OR CONTRIBUTING STRUCTURES WITHIN AN HISTORIC DISTRICT; AND TO DELETE PROVISIONS ALLOWING THE DETERMINATION OF BUILDING HEIGHT BY AVERAGING HEIGHT OF BUILDING WALLS CONSENT AGENDA Ms. Galvin highlighted the changes to the resolution for the Civilian Review Board made as a result of feedback from the December 4 meeting. Mr. Bellamy made a motion to pass the consent agenda; Mr. Fenwick seconded. The consent agenda passed. (Ayes: Ms. Szakos, Ms. Galvin, Mr. Signer, Mr. Fenwick, Mr. Bellamy; Noes: None.) PUBLIC HEARING / ORDINANCE: CONVEYANCE OF PORTIONS OF CLEVELAND AVENUE RIGHT OF WAY IN EXCHANGE FOR LAND DEDICATED AS PUBLIC RIGHT OF WAY (JOHNSON VILLAGE, PHASE 3) (carried) Conveyance of Portions of Cleveland Avenue Right of Way Mr. Alfele presented the item to Council. On motion, a public hearing was opened. Having no speakers, the public hearing was closed. On motion by Ms. Szakos, seconded by Mr. Bellamy, the ordinance carried. 10 APPROPRIATION: FY 17 YEAR-END APPROPRIATION (2nd reading) FY 17 Year-End Appropriation Mr. Chris Cullinan, director of Finance, presented to Council. He reviewed the amendments since the first reading. Ms. Galvin asked for regular reporting on the Council reserve fund for racial equity. Mr. Jones said staff would bring any expenditure back to Council for consideration and approval. On motion by Ms. Szakos, seconded by Mr. Fenwick, Council voted to amend the first reading. (Ayes: Ms. Szakos, Ms. Galvin, Mr. Signer, Mr. Fenwick, Mr. Bellamy; Noes: None.) Council voted on the amended motion; the appropriation passed. (Ayes: Ms. Szakos, Ms. Galvin, Mr. Signer, Mr. Fenwick, Mr. Bellamy; Noes: None.) Council took a recess at 8:43 p.m. and reconvened at 8:59 p.m. ORDINANCE: PROPOSED AMENDMENTS TO CITY CODE CHAPTER 18 - PERMITS FOR SPECIAL EVENT AND DEMONSTRATIONS City Code Chapter 18 - Permits for Special Event and Demonstrations Mr. Craig Brown, City Attorney, presented to Council. He thanked the group of attorneys who donated their time on this matter. The attorneys from K&L Gates introduced themselves, Ms. Linda Odum, Mr. Alex Kaplan and Reece Bramle. Mr. Brown and the lawyers from K&L Gates discussed the ordinance and revisions and answered clarifying questions for Council. Mr. Brown asked for consensus to allow candles. Ms. Szakos made a motion with the changed language addressing hand-held candles. Ms. Galvin seconded the motion. The ordinance carried as revised. Council confirmed they would like to hold a public hearing ahead of the second reading at the January 2 Council meeting. RESOLUTION: DEWBERRY HOTEL PERFORMANCE AGREEMENT Dewberry Hotel Performance Agreement Mr. Engel presented to Council. Mr. Dave Prost, Sr. Director of Business Development for Dewberry Corporation, responded to questions from Council. Ms. Galvin asked for clarification on the use of eminent domain and condemnation, and for whether any distinctions can be made for a building that is considered to be blighted. 11 On motion by Ms. Galvin, seconded by Mr. Signer, the resolution failed. (Ayes: Ms. Galvin, Mr. Signer; Noes: Ms. Szakos, Mr. Fenwick, Mr. Bellamy.) OTHER BUSINESS Ms. Szakos said there is a request for a review of downtown parking. Ms. Galvin asked Mr. Rick Siebert and Mr. Andrew Mondschein to review the City's parking strategy. Ms. Szakos said we need to continue engaging with businesses and educating the public. She said she supports continuing the parking pilot. Ms. Galvin agreed that we should continue with the pilot and data collection. OTHER BUSINESS Ms. Galvin read a letter drafted to the CACVB stating that Council is requesting that the CACVB move forward with restructuring their governing body. OTHER BUSINESS Mr. Fenwick said he would like to request two mobile metal detector frames. MATTERS BY THE PUBLIC Ms. Robin Bryant said Mr. Joe Platania called her and let her know the FBI would have to take her case in order to get her son's murder solved. Ms. Nancy Carpenter said the homeless need homes, not a bathroom. She asked for an update on what happened with the ten housing vouchers. She said there was a homeless man who was pushed down and brutalized by the police in front of City Hall early this evening. She said a CIT-trained officer should be involved with these sorts of incidents. Ms. Tanesha Hudson, 711 Prospect Ave., said Council is worried about the businesses on the Downtown Mall and are not focused on issues facing black people in the City. She said the only people who will protect the City when the white supremacists come back is the counter- protestors, no matter what changes are made to the permitting process. She said the groups need to be declared as gangs or hate groups. She said it was a disgrace that Mr. Jones appointed the current acting Chief of Police. Ms. Ivy McCall said the City cannot allow Mr. Kessler to come back to the City, and they should not have allowed him to speak here. She said people cannot be expected to stay for an entire Council meeting before being permitted to speak. She said the City needs to prioritize affordable housing. Ms. Jalane Schmidt, City resident, asked the Council to find a way to work with their counterparts in the County to make sure the courts remain downtown. 12 Ms. Joy Johnson, 802 Hardy Dr., said she is frustrated over the CRHA voucher system. She said the HAC committee, on which she serves, worked hard to come up with a policy, which Council did not approve. She said the housing authority board should remain in place. The rent relief program should not allow landlords to take people to court. She said the interim Police Chief makes her uncomfortable. Mr. Michael Payne said the model for public hearings at City Council meetings does not work. He said Jackson, Mississippi has a model for citizen engagement, including a people's assembly process. He called for a redistribution of political power. Mr. Ken Horne, County resident, said the City needs to work hard with the County to make sure the courts are not moved. Parking issues should be a top priority. He said he was concerned that two Councilors voted for the Dewberry Hotel performance agreement. He said there should have been public comment after the presentation. Ms. Lena Seville, 808 Alta Vista Ave., asked that Capt. Pleasants not be appointed as interim Chief of Police. She said developers are writing the code they want, with no public comment. She called for increased transparency at every level of City government. Regarding the special events ordinance, she said organizers need more than two days to plan a spontaneous response. The 10 person limit is too low of a threshold, and 60 days is too long. Ms. Madeleine Conger, City resident, said the interaction between a homeless person and the police she witnessed in front of City Hall was deeply disturbing. She called for de-escalation training for the police force. Mr. Pete Robertson, Ruckersville resident, said there was no discussion of public transportation regarding the parking pilot program. He said it is unbelievable that we cannot control armed militias. Ms. Elliot Brown, City resident, said it is sad that a black man has to resign and is the only one who is a scapegoat for what happened over the summer. Mr. Ken Horne, County resident, said a 10-person threshold for gathering is shutting down dissent in the City. He asked the City to reconsider their interim Chief of Police appointment. Ms. Galvin asked Mr. Jones to give the Council more information on what happened tonight in front of City Hall. She said it is important that the interim Police Chief can be a partner with the community. Mr. Bellamy expressed his appreciation for Mr. Fenwick and Ms. Szakos's service. Mr. Signer, and Ms. Galvin echoed the sentiments. Meeting adjourned at 11:07 p.m. Clerk of Council