1 COUNCIL CHAMBER - September 3, 2019 ROLL CALL The Charlottesville City Council met in regular session on September 3, 2019, with the following members present: Mayor Nikuyah Walker, Vice Mayor Heather Hill, Dr. Wes Bellamy, Ms. Kathy Galvin, and Mr. Mike Signer. Ms. Walker called the meeting to order at 6:30 p.m. ANNOUNCEMENTS/PROCLAMATIONS Ms. Hill read an announcement from Mr. Alex-Zan about CYM (Close Your Mouth) Day. Dr. Bellamy announced Minority Business Week being held September 14-20. Dr. Bellamy presented a Proclamation for the 60th anniversary of the integration of Charlottesville City Schools. Mr. Alex-Zan was present to accept the proclamation on behalf of the Charlottesville Twelve – the first twelve African-American students first attended previously all-white schools in Charlottesville. Mr. Alex-Zan gave remarks thanking City Council and the City of Charlottesville Human Rights Commission. He shared the names of the Charlottesville Twelve and honored their parents as pioneers also: - Charles E. Alexander - Raymond Dixon - Regina Dixon - Maurice Henry - French Jackson - Don Martin - John Martin - Marvin Townsend - William Townsend - Sandra Wicks - Roland T. Woodfolk - Ronald E. Woodfolk He announced a commemoration reception to be held at Buford Middle School on September 28. Mr. Alex-Zan introduced Ms. Shantell Bingham of the Food Justice Network, who announced a project underway with ten students and interns to honor the Charlottesville Twelve with a sundial. Ms. Galvin read a Proclamation for the 75th anniversary of the liberation of Besançon, France, a Charlottesville Sister City, on September 8. 2 CONSENT AGENDA* Ms. Walker opened the floor for comments from the public regarding the consent agenda. Mr. John Hall, resident, spoke in support of items “1b”, “1e” and “1f”. Ms. Jeanne Chase, resident, spoke about Item 1k - leaf collection, and advised that residents should have a choice of disposal method. She guarded against storm drains becoming clogged, and advised that the option of bagged leaves should reside with the homeowner. Ms. Margaret Murray Bloom spoke on behalf of the company Panorama Paydirt, which has been the sole recipient of the City's leaves for twenty years. Panorama Paydirt is a landscape supply and organics recycling company that turns locally sourced debris into high quality horticultural materials like compost. She stated that the company is neutral on the proposal, but that they are challenged by the bags, and the quality of their composted product has improved since the vacuum truck program was implemented. Ms. Hilda Matos, with daughter, spoke in opposition to the ridding of bags because of storm drain clogging and leaves washing into her driveway. She distributed pictures to City Council. Mr. Larry Jones, resident, spoke in favor of using a container similar to trash bins to collect leaves. He advised that the vacuum truck takes much more time and manpower. With no others present who wished to talk about an item on the consent agenda, Clerk of Council Kyna Thomas read the following items into the record: a. MINUTES: July 1 regular meeting, July 31 Council retreat, July 31 special meeting, August 5 special and regular meetings b. APPROPRIATION: FY 2020 Fire Programs Aid to Locality Funding (Firefund) - $158,343 (carried) c. APPROPRIATION: Safe Routes to School Non-Infrastructure Grant Award - $93,125 (carried) d. APPROPRIATION: Charlottesville-Albemarle Adult Drug Treatment Court Grant Award - $240,000 (2nd reading) APPROPRIATION - $240,000 Charlottesville/Albemarle Adult Drug Treatment Court Grant Award WHEREAS, the Supreme Court of Virginia awarded the Supreme Court of Virginia Drug Treatment Court Docket Grant in the amount of $240,000 for the Charlottesville/Albemarle Drug Court Treatment Court in order to fund salaries, benefits, and operating expenses; and 3 WHEREAS, the City of Charlottesville serves as the fiscal agent for this grant program; and WHEREAS, the City of Charlottesville and Albemarle County both have dedicated local matches to this grant, totaling $128,704; and WHEREAS, the grant award covers the period July 1, 2019 through June 30, 2020. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $240,000, received as a grant from the Supreme Court of Virginia, is hereby appropriated in the following manner: Revenues $240,000 Fund: 209 Internal Order: 1900337 G/L Account: 430120 Expenditures $240,000 Fund: 209 Internal Order: 1900337 G/L Account: 530550 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $240,000 from the Supreme Court of Virginia. e. APPROPRIATION: FY 2019 - 2020 Virginia Department of Transportation (VDOT) Revenue Sharing Program Multi-Modal Improvements and Local Match Transfer - $826,436 (2nd reading) APPROPRIATION - $826,436 FY 2019 & 2020 Revenue Sharing Program - Multi-Modal Improvements WHEREAS, a total of $486,783 in state funds for the Revenue Sharing Program requires appropriation; NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the following is hereby appropriated in the following manner: Revenues $ 486,783 Fund: 426 WBS: P-01004 G/L Account: 430080 Expenditures $ 486,783 Fund: 426 WBS: P-01004 G/L Account: 599999 WHEREAS, a total of $339,653 in matching city funds for the Revenue Sharing Program requires transferring; 4 NOW, THEREFORE BE IT FURTHER RESOLVED by the Council of the City of Charlottesville, Virginia that the following is hereby transferred in the following manner: Transfer From $ 50,000 Fund: 426 WBS: P-00697 G/L Account: 599999 $ 239,653 Fund: 427 WBS: P-00335 G/L Account: 561426 $ 50,000 Fund: 426 WBS: P-00943 G/L Account: 599999 Transfer To $ 100,000 Fund: 426 WBS: P-01004 G/L Account: 599999 $ 239,653 Fund: 426 WBS: P-01004 G/L Account: 498010 f. APPROPRIATION: VDOT Revenue Sharing Program for West Main Streetscape Improvements Phase 1 (additional award) - $163,478 (2nd reading) APPROPRIATION - $163,478 VDOT FY20 Revenue Sharing Program West Main Streetscape Improvements Phase 1 WHEREAS, a total of $163,478 in state funds for the Revenue Sharing Program requires appropriation; NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the following is hereby appropriated in the following manner: Revenues $ 163,478 Fund: 427 WBS: P-00336 G/L Account: 430080 Expenditures $ 163,478 Fund: 427 WBS: P-00336 G/L Account: 599999 g. APPROPRIATION: Bama Works Fund Fire Safety Trailer Grant - $3,500 (2nd reading) APPROPRIATION - $3,500 Bama Works Fund of Dave Matthews Band at the Charlottesville Area Community Foundation – Fire Safety Trailer WHEREAS, the Bama Works Fund of Dave Matthews Band at the Charlottesville Area 5 Community Foundation has awarded a grant to the Fire Department, through the City of Charlottesville, specifically for fire service applications; NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that a total of $3,500 be appropriated in the following manner: Revenues - $3,500 $3,500 Fund: 105 I/O: 2000152 G/L Account: 451020 Expenditures - $3,500 $3,500 Fund: 105 I/O: 2000152 G/L Account: 451020 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $3,500 from the Bama Works Fund of Dave Matthews Band at the Charlottesville Area Community Foundation. h. APPROPRIATION: State Revenue Sharing and SmartScale funds for West Main Streetscape Improvements Phase 2 - $4,009,265 (2nd reading) APPROPRIATION West Main Streetscape Improvements Phase 2 WHEREAS, a total of $2,000,000 in state funds for the Revenue Sharing Program requires appropriation; WHEREAS, a total of $2,009,265 in state funds for the SmartScale Program requires appropriation; NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the following is hereby appropriated in the following manner: Revenues $ 2,000,000 Fund: 426 WBS: P-00336 G/L Account: 430080 $ 2,009,265 Fund: 426 WBS: P-00336 G/L Account: 430080 Expenditures $ 2,000,000 Fund: 426 WBS: P-00336 G/L Account: 599999 $ 2,009,265 Fund: 426 WBS: P-00336 G/L Account: 599999 6 i. RESOLUTION: Establishing new line of succession - City Manager RESOLUTION BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that its resolution of July 2, 2018 establishing the city’s line of succession in local emergencies is hereby repealed. AND, BE IT FURTHER RESOLVED, that in the event that the City Manager is absent, or is otherwise unavailable, the following City of Charlottesville employees may exercise the powers and duties conferred upon the City Manager by Charlottesville City Code Section 2- 146 and Virginia State Code Section 44-146.21 in the following line of succession. If an individual in the line of succession is absent or otherwise unavailable to act, then the individual next in the line of succession may exercise such powers and duties: Line of Succession: 1. Letitia Shelton, Deputy City Manager 2. Mike Murphy, Deputy City Manager 3. Paul Oberdorfer, Deputy City Manager AND, BE IT FURTHER RESOLVED, that the July 2, 2018 Charlottesville City Council Resolution establishing a line of succession in local emergencies is hereby repealed. j. ORDINANCE: Amend Charlottesville-Albemarle Convention and Visitors Bureau Operating Agreement (carried) k. ORDINANCE: Amending Charlottesville City Code Section 26-29 - leaf collection (2nd reading) AN ORDINANCE AMENDING AND REORDAINING THE CODE OF THE CITY OF CHARLOTTESVILLE CHAPTER 26 (SOLID WASTE) ARTICLE II (CURBSIDE COLLECTION BY CITY) SECTION 26-29 (PREPARATION OF LEAVES FOR COLLECTION) TO DISCONTINUE LEAF-BAGGING PROGRAM l. ORDINANCE: Petition to close a alley off Charlton Avenue, next to 931 Charlton Avenue (2nd reading) AN ORDINANCE CLOSING, VACATING AND DISCONTINUING AN ALLEY OFF CHARLTON AVENUE Mr. Marty Silman, Interim Director of Charlottesville Public Works, offered clarification on item “1k”. He advised that priorities are being set in areas with heavier leaf coverage and additional information would be shared online about where to place leaves for pickup. Mr. Signer suggested a hotline or the use of the MyCville app to identify problem areas. Ms. Walker 7 advised that citizens could also call the regular department number. Ms. Galvin asked what triggered the department to make the change. Mr. Silman gave a list of reasons including environmental and budget reasons. Ms. Hill asked about how the information is being communicated, and how accommodations can be made for those who still want to use bags. Public Works is looking into the entire solid waste program of which leaf disposal is a part. Ms. Walker asked a question of Ms. Margaret Bloom about recycling. Ms. Bloom advised that all bags are hand-debagged at Panorama Paydirt and the type of bag has not made much difference in operations. Mr. Jake Bolt, resident, spoke about item “1h”, advising that the West Main project is a gentrification project and should have public input. - Ms. Galvin spoke about West Main, public engagement from years ago, reducing carbon in the air with treescape, sustainability, equity, and more surrounding the project. - Mr. Signer shared that the intent of the project is not gentrification, but to be the City's "living room", inclusive of surrounding neighborhoods, also making multi-modal travel safer. - Dr. Bellamy advised of considerable community engagement for the project. Mr. Ikefuna gave further information about the funding for the West Main project. Dr. Richardson advised that there would need to be further discussion about Phases 3 and 4, as project costs continue to escalate, while the promised $5 Million from the University of Virginia has not yet been realized. Ms. Walker requested to vote on “1f” and “1h” separately. She asked for clarification about item “1j” regarding County protocol for being able to purchase alcohol. Mr. Blair provided clarification. On motion by Ms. Hill, seconded by Ms. Galvin, Council by the following vote APPROVED the Consent Agenda minus items “1f” and “1h”, which were voted on separately: 5-0 (Ayes: Walker, Hill, Bellamy, Galvin, Signer. Noes: None). On motion by Ms. Hill, seconded by Ms. Galvin, Council by the following vote APPROVED Consent Agenda items “1f” and “1h” simultaneously: 4-1 (Ayes: Hill, Bellamy, Galvin, Signer. Noes: Walker). Ms. Walker advised that she is concerned about the City’s matching funds and that the issue with the statue at the location of the project has not been resolved. CITY MANAGER RESPONSE TO COMMUNITY MATTERS (FROM PREVIOUS MEETINGS) 8 City Manager Tarron Richardson spoke about Downtown Mall security. He advised that within a couple of months, he will bring a presentation to City Council with results from the consultant. Dr. Bellamy asked that Dr. Richardson place the information that he just shared onto social media for clarification to the public. COMMUNITY MATTERS Mr. Avery Chenowith spoke on behalf of someone interested in purchasing the statues of Lee and Jackson. He asked to arrange a phone call to discuss. Mr. Blair advised that the Council could not take action to remove the statues and that it would need an opinion from the State legislature and that the court case has not yet concluded. Nelson spoke about numerous issues with handicap parking enforcement. Mr. John Hall proposed a Capital Improvement project for funding of solar panels and construction at the Old Landmark Hotel. He advised that no new affordable housing should be built until the City has taken care of existing affordable housing. He asked that dehumidifiers and small air conditioners be purchased for low income residents. He also spoke about STOP signs for Charlottesville Area Transit buses. Ms. Tanesha Hudson spoke about the proclamation on respect, and addressed Ms. Galvin and Mr. Signer. She referenced the Dec 5, 2016 meeting. She also advised that historic markers along Main Street need to be enlarged so that people can read about the contributions of African- Americans to Main Street and Starr Hill, and the pedestrian walkway needs to be completed. Mr. Kevin Cox shared thanks to the Parks and Recreation Department for the good job they do in keeping the Downtown Mall clean. He advised that a recent news story about volunteers cleaning the Downtown Mal could cause an incorrect perception that the area is not well-maintained. Ms. Emerald Young, County resident, asked Council to disband the Civilian Review Board (CRB), advising that disparities are normal. Mr. Harold Folley thanked Council for supporting the CRB. He advised that the community is anxious to see what the next steps are for City Council. Mr. Don Gathers thanked the Police Chief for visiting the community at 7th and Knight Streets to offer an apology for the recent incident conducted by the Virginia State Police. Ms. Walker added commentary about reform and the handling of the incident at 7th and Knight Streets. The meeting recessed at 8:04 p.m. 9 The meeting reconvened at 8:22 p.m. PUBLIC HEARING/ORDINANCE: Release of Portion of a Gas Line Easement - Shops at Stonefield (carried) Ms. Lauren Hildebrand, Director of Utilities, presented the proposal. Ms. Walker opened the public hearing. With no one present who wished to speak, the public hearing was closed. Councilors agreed unanimously to move the agenda to the September 16 Consent Agenda. PUBLIC HEARING/ORDINANCE: Valley Road, Monroe Avenue and Jefferson Park Avenue Easements (carried) Ms. Lauren Hildebrand, Director of Utilities, presented the proposal. Ms. Walker asked why this information was not received at the time of Council voting on the Brandon Avenue project. She asked if this project would limit neighborhood access points. Ms. Hildebrand advised that the project would not limit neighborhood access points and that the neighborhood would be accessible. Ms. Walker asked about the 40-year easement. Mr. Blair advised that per the Constitution of Virginia, the easement could not be granted for longer than 40 years and the City would be responsible for its repairs. Ms. Walker opened the public hearing. Mr. John Hall spoke of mismatched fiber optics. Ms. Walker closed the public hearing. Councilors agreed unanimously to move the agenda to the September 16 Consent Agenda. ORDINANCE: Amendment to the text of the City's Zoning Ordinance, City Code Section 34-896, to modify access requirements for various uses. (carried) Ms. Missy Creasy, Assistant Director of Neighborhood Development Services, presented the proposal, which was heard at a Planning Commission joint hearing with City Council in August. She shared some concerns of speakers at the public hearing. Ms. Creasy and Brennan Duncan, Traffic Engineer, were available to answer questions. Ms. Creasy advised that Fire Code would still impact final decisions on development requirements and access points. 10 Councilors agreed unanimously to move the agenda to the September 16 Consent Agenda. OTHER BUSINESS Ms. Hill asked about an off-cycle funding request for a Diamonds & Curls sponsorship. Ms. Hill directed the requestor, Ms. Brown-Townes to present her request to the Budget Office. Mr. Signer expressed concern about funding a book tour for an author. Ms. Galvin suggested that staff make the presentations based on guidelines. Ms. Hill asked Council about a request forwarded by the Clerk of Council regarding the African-American Teaching Fellows (AATF) Program Dinner support. Ms. Walker, Dr. Bellamy, Ms. Hill, and Mr. Signer expressed support. Council discussed setting parameters for sponsorship of local events. Ms. Galvin suggested having a separate budget line item for sponsorships. Ms. Walker shared information about a letter from The Charlottesville Winneba Foundation regarding the desire to conduct two trips to Winneba, Ghana, during 2020. Based on a successful trip in 2019 with 56 participants, the consideration is to take two smaller delegations. Ms. Walker asked if Council would be open to hearing a presentation from Nana Ghartey of the Winneba Foundation at the next Council meeting, with funds from the Equity Fund being used to support the trips. Ms. Galvin asked for drawdown information for the Council Equity Fund budget and advised that she would like to know what the strategic vision for the Equity Fund is. Council agreed to hear a future presentation from The Winneba Foundation. MATTERS BY THE PUBLIC None. Mayor Walker adjourned the meeting at 8:53 p.m.