CITY COUNCIL AGENDA Monday, October 7, 2019 5:00 p.m. Closed session as provided by Section 2.2-3712 of the Virginia Code Second Floor Conference Room (Legal consultation; Personnel; Boards & Commissions) 6:30 p.m. Regular Meeting - CALL TO ORDER Council Chamber PLEDGE OF ALLEGIANCE ROLL CALL ANNOUNCEMENTS PROCLAMATIONS Domestic Violence Awareness Month 1. CONSENT AGENDA* (Items removed from consent agenda will be considered at the end of the regular agenda) a. MINUTES: August 19 Regular meeting, September 3 Special and Regular meetings b. APPROPRIATION: Funding for Virginia Temporary Assistance to Needy Families Employment and Training (VTET) pilot program - $50,000 (2nd reading) c. APPROPRIATION: Charlottesville/Albemarle Adult Drug Treatment Court Substance Abuse and Mental Health Services Administration Grant Award - $300,548 (2nd reading) d. APPROPRIATION: Refund of Tax Payment to East Market Street LLC - $16,173.30 (2nd reading) e. APPROPRIATION: Virginia Department of Historic Resources (VDHR) 2019-2020 Certified Local Government grant funding for 10th and Page Neighborhood Historic Resources Survey - $31,590 (2nd reading) f. APPROPRIATION: Albemarle County funding for Albemarle County Resident Workforce Development Training - $13,395 (2nd reading) g. APPROPRIATION: Housing Opportunities for People with AIDS/H.I.V. (H.O.P.W.A.) - $240,642 (2nd reading) h. APPROPRIATION: Virginia Housing Solutions Program Grant Award - $484,785 (2nd reading) i. RESOLUTION: Hedgerow Land Acquisition - $37,500 (1st of 1 reading) j. ORDINANCE: PEG Bandwidth VA, LLC - Telecommunications Franchise (1st of 2 readings) k. ORDINANCE: Rental Relief for Elderly and Disabled (2nd reading) l. ORDINANCE: Changes to Real Estate Tax Relief Program for Elderly and/or Disabled (2nd reading) CITY MANAGER RESPONSE TO COMMUNITY MATTERS (FROM PREVIOUS MEETINGS) COMMUNITY MATTERS Public comment is provided for up to 16 speakers at the beginning of the meeting (limit 3 minutes per speaker.) Pre-registration is available for up to 8 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. 2. PUBLIC HEARING/ Release of Portion of Sewer Easement – McIntire Plaza (1st of 2 readings) ORDINANCE: 3. RESOLUTION*: Comprehensive Signage Plan for Hillsdale Place (1st of 1 reading) 4. RESOLUTION*: 602-616 West Main Special Use Permit request for a mixed-use building (1st of 1 reading) 5. RESOLUTION*: 503 Rugby Road Special Use Permit (1st of 1 reading) 6. RESOLUTION*: Allocation of FY 2020 Charlottesville Affordable Housing Funds (1st of 1 reading) 7. REPORT: Food Equity presentation 8. REPORT: Estimates for staff costs for Equity & Inclusion Department OTHER BUSINESS MATTERS BY THE PUBLIC *ACTION NEEDED This page intentionally left blank 1 COUNCIL CHAMBER - August 19, 2019 ROLL CALL The Charlottesville City Council met in regular session on August 19, 2019, with the following members present: Mayor Nikuyah Walker, Vice Mayor Heather Hill, Ms. Kathy Galvin, and Mr. Mike Signer. Dr. Wes Bellamy arrived at 6:34 p.m. Ms. Walker called the meeting to order at 6:31 p.m. ANNOUNCEMENTS / PROCLAMATIONS Ms. Galvin shared a recent request for a letter in support of using the Ivy Landfill as the site for a solar panel installation, and she read a statement of principles compiled by herself. Dr. Bellamy made an announcement regarding support for Council colleagues, despite moments of disagreement, in light of recent harsh public treatment of Councilors during a recent Council meeting. Mr. Signer made a statement about recent personal attacks in Council Chamber and thanked Dr. Bellamy for his show of support. Ms. Walker spoke of past disruptive meetings in which people were removed from Council Chamber and arrested for disorderly conduct. She advised that she is still weighing options as meeting president. Dr. Bellamy thanked everyone who participated in Unity Days events and announced that the entertainer Wale will perform in Charlottesville on October 8th. CONSENT AGENDA* Ms. Walker opened the floor for comments from the public regarding the consent agenda. Mr. John Hall asked to speak about Items 1b, 1c, 1d and 1e. He read a message about the University of Virginia. Clerk of Council, Kyna Thomas, read the consent agenda items into the record. a. MINUTES: June 17 Special meeting, June 17 Regular meeting, July 1 Special meeting Minutes - June 17, 2019 special_DRAFT Minutes - June 17, 2019 regular_DRAFT 2 Minutes - July 1, 2019 special_DRAFT b. APPROPRIATION: Charlottesville-Albemarle Adult Drug Treatment Court Grant Award - $240,000 (carried) FY2020 Drug Court Appropriation $240,000 c. APPROPRIATION: FY 2019 - 2020 Virginia Department of Transportation (VDOT) Revenue Sharing Program Multi-Modal Improvements and Local Match Transfer - $826,436 (carried) VDOT appropriation Revenue Sharing $826,436 d. APPROPRIATION: VDOT Revenue Sharing Program for West Main Streetscape Improvements Phase 1 (additional award) - $163,478 (carried) VDOT appropriation West Main Streetscape Phase 1 - $163,478 e. APPROPRIATION: Bama Works Fund Fire Safety Trailer Grant - $3,500 (carried) Bama Works Grant Appropriation $3500 f. APPROPRIATION: Virginia Juvenile Community Crime Control Act Grant (VJCCCA) -$452,704 (2nd reading) FY20 VJCCCA Appropriation $452,704 APPROPRIATION Virginia Juvenile Community Crime Control Act Grant (VJCCCA) $452,704 WHEREAS, the City of Charlottesville has been awarded $292,058 from the Virginia Department of Juvenile Justice; and WHEREAS, this grant requires local maintenance of effort funds in the amount of $52,231 from Albemarle County and $108,415 from the City; and WHEREAS, the grant award covers the period from 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 $452,704 is hereby appropriated in the following manner: 3 Revenue – $452,704 $292,058 Fund: 220 Cost Center: 3523001000 G/L Account: 430080 $52,231 Fund: 220 Cost Center: 3523001000 G/L Account: 432030 $108,415 Fund: 220 Cost Center: 3523001000 G/L Account: 498010 $53,075 Fund: 220 Cost Center: 3523001000 G/L Account: 519999 $399,629 Fund: 220 Cost Center: 3523001000 G/L Account: 530010 Expenditures - $452,704 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $292,058 from Virginia Department of Juvenile Justice, and $52,231 from Albemarle County. g. APPROPRIATION: VDOT Primary Extension Paving Project Funds - $633,442 (2nd reading) VDOT Primary Ext Paving Funds_FY20_$633,442 appropriation APPROPRIATION Primary Extension Paving Funds - $633,442 WHEREAS, the Virginia Department of Transportation and the City of Charlottesville desire to execute a standard Project Administration Agreement for a state- aided project, referenced as Virginia Department of Transportation Project Numbers 6029- 104-355 (UPC 115268) and 0020- 104-356 (UPC 115270); WHEREAS, the Virginia Department of Transportation has awarded the City of Charlottesville a Primary Extension Paving grant in the amount of $633,442, with a required local match of $8,364; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the sum of $633,442 is appropriated in the following manner: Revenue - $625,078 Fund: 426 WBS: P-00689-20-01 (SS-009) G/L Account: 430120 Expenditures - $625,078 Fund: 426 WBS: P-00689-20-01 (SS-009) G/L Account: 599999 Transfer From: $8,364 Fund: 426 WBS: SS-009 G/L Account: 599999 Transfer To: $8,364 Fund: 426 WBS: P-00689-20-01 (SS-009) G/L Account: 599999 4 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $625,078 from the Virginia Department of Transportation. h. APPROPRIATION: Thomas Jefferson Area Crisis Intervention Team Training Grant - $20,708 (2nd reading) Crisis Intervention Team funding.FY2020 - $20,708 appropriation APPROPRIATION Department of Behavioral Health and Developmental Services, Thomas Jefferson Area Crisis Intervention Team Program Grant - $20,708 WHEREAS, the City of Charlottesville, through the Thomas Jefferson Crisis Intervention Team and the Charlottesville Police Department, has received from the Department of Behavioral Health and Developmental Services, funding to support the Crisis Intervention Team programs. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $20,708, received from the Department of Behavioral Health and Developmental Services is hereby appropriated in the following manner: Revenue $ 20,708 Fund: 209 IO: 1900225 G/L: 430080 State Assistance Expenditure $ 20,708 Fund: 209 IO: 1900225 G/L: 599999 Lump Sum BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $20,708 from the Department of Behavioral Health and Developmental. i. APPROPRIATION: Moving from Foster Care to Adulthood Rental Assistance Grant - $300,000 (2nd reading) FY2020 Fostering Futures Rental Assistance Grant $300,000 5 APPROPRIATION Moving from Foster Care to Adulthood Rental Assistance Grant $300,000 WHEREAS, The City of Charlottesville, through the Department of Human Services, has received the Moving from Foster Care to Adulthood Rental Assistance Pilot Award from the Virginia Department of Housing and Community Development in the amount of $300,000; NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville,Virginia that the sum of $484,785 is hereby appropriated in the following manner: Revenues $300,000 Fund: 209 IO: 1900336 G/L: 430120 Federal Pass-Thru State Expenditures $300,000 Fund: 209 IO: 1900336 G/L: 530550 Contracted Services BE IT FURTHER RESOLVED, that this appropriation is conditioned upon receipt of $300,000 in funds from the Virginia Department of Housing and Community Development. j. RESOLUTION: WTJU Sponsor Request - City Sponsorship of the Black Business Expo on Saturday, September 14, 2019 - $2,000 Black Business Expo Sponsorship resolution - $2000 RESOLUTION WTJU Sponsor Request – City Sponsorship of the Black Business Expo on Saturday, September 14, 2019 - $2,000 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Charlottesville, Virginia that the sum of $2,000 is hereby paid from currently appropriated funds in the Council Strategic Initiatives account in the General Fund to WTJU in support of the Black Business Expo taking place on September 14, 2019. $2,000 Fund: 105 Cost Center: 10110010000 k. ORDINANCE: Amending Charlottesville City Code Section 26-29 - leaf collection (carried) Sec. 26-29 Code Amendment-leaf collection l. ORDINANCE: Amending and Re-enacting City Code Chapter 11, Article IV- Director of Finance (2nd reading) 6 Finance Director Ordinance amendment AN ORDINANCE AMENDING SECTION 11-91 OF CHAPTER 11 (FINANCE), ARTICLE IV (DIRECTOR OF FINANCE) OF THE CHARLOTTESVILLE CITY CODE (1990) After the reading of the consent agenda, Ms. Walker clarified Item “1k” for the public. For Item “1j”, she asked that in the future, Council receive the proposal for sponsorship requests. On motion by Ms. Hill, seconded by Ms. Galvin, Council by the following vote APPROVED the consent agenda: 5-0 (Ayes: Ms. Walker, Ms. Hill, Dr. Bellamy, Ms. Galvin and Mr. Signer. Noes: None.). On motion by Ms. Hill, seconded by Dr. Bellamy, Council voted unanimously to appoint the following individuals to Boards and Commissions:  Building Code Board of Appeals: Diane Caton, Charles Lewis, Kip White  Community Development Block Grant: Olivia Gabbay  Historic Resources Committee: Sally Duncan, Deirdre Smith, Jordy Yager  JAUNT Board of Directors: Lucas Ames, Christine Appert, Lucas Ames  Minority Business Commission: Andrea Copeland-Whitsett, Anthony LeCounte, Mark Menafee, Kaye Monroe, Tessa Thompson  Personnel Appeals Board: Robert Woodside  PLACE Design Task Force: Navarre Bartz, Cliff Fox  Region Ten Community Services Board: Dawn Pryor  Retirement Commission: Scott Hendrix  Sister Cities Commission: Emily Martin  Social Services Advisory Board: Janet Morrow  Tree Commission: Anson Parker CITY MANAGER RESPONSE TO COMMUNITY MATTERS (FROM PREVIOUS MEETINGS) Dr. Tarron Richardson provided responses to the following matters: - In response to a request from Brandon Morsberger for lighting in the skate park, he advised that it would be funded in the future Capital Improvement Plan. - In response to concerns about signaling at the 10th & Page Street intersection, he advised that it does not meet the criteria for installing a light and that options would continue to be considered. - Regarding a request from Ms. Gloria Beard for someone to assist seniors, School Superintendent Dr. Rosa Atkins advised that the Schools could look into it. Dr. Richardson advised that he would follow up. Regarding Ms. Beard’s request for more evening senior citizen 7 activities, Dr. Richardson advised that the Parks and Recreation Department would work on providing an evening out for seniors. - In response to Ms. Katrina Turner’s request to follow up on complaints made against Chief Brackney, Dr. Richardson advised that recent complaints were found to have been made by Ms. Turner. He advised that he would hold follow-up meetings with Ms. Turner and Chief Brackney. - In response to a request from a group of students to keep City pools open after Labor Day, he explained the challenge of staffing and advised that all pass types would be authorized to use at the indoor pools and that the spray park would also stays open past Labor Day. Dr. Richardson made additional comments about funds set aside for public safety around the first anniversary of the Summer of Hate, advising that the $1 Million was not exceeded. Funds were distributed between Police and Public Works for staffing and equipment related to public safety surrounding the anniversary; $100,000 was transferred to Unity Days 2019; and other funds were expended for mutual aid. The remaining balance is over $572,000 in that account. Dr. Bellamy asked for a future discussion of how the $572,000 would be used. COMMUNITY MATTERS Ms. Blair Williamson spoke about the general safety of the downtown mall, specifically in relation to vehicle entry to the mall at 2nd and 4th Streets. She made several suggestions for public safety and accessibility. She asked that representatives from Downtown businesses and design professionals be included to look at the big picture of accessibility. Mr. Chris Farina spoke about recent development at West Main Street, and enhancing existing neighborhoods. Ms. Megan Giltner, local business owner, spoke in opposition to a petition for closing downtown cross-streets. She advised that there are ways of improving the existing crossings without having to close the streets. Nelson, Charlottesville resident, spoke about an ongoing issue he has with the Charlottesville Police Department. Ms. Marta Keane, CEO at JABA, shared updates:  Insurance counseling is about to begin.  Thanks to a foundation grant, they will be opening additional counseling space on Allied Street, with a ribbon cutting on August 29 at 10:00 a.m.  They will be providing presentations on assistive technology.  They have a new Options counselor for the home delivered meals program. Ms. Joan Fenton of the Downtown Business Association spoke in opposition to the petition for closing downtown mall cross-streets. She has started a counter-petition. 8 - Dr. Bellamy made comments about the 4th Street memorial to Heather Heyer. - Dr. Richardson advised that he is working with a consultant and will present recommendations from the consultant regarding securing the Downtown Mall. Ms. Karen Walker, downtown business owner, spoke in opposition to the potential closing of downtown cross-streets. She advised that she has not personally seen any accidents as a result of those crossings. Ms. Gudrun Campbell, student, spoke about the special events Ordinance, sharing her experience as an organizer and participant of protests and demonstrations. Mr. John Hall spoke about the overburdening of the court system, about solar power, and about Habitat for Humanity and the Landmark Hotel. M.C. Blair spoke about the City Market and the need for prepared food vendors to source their meat and egg ingredients from fellow market vendors. He suggested a tax break for local sourcing. Mr. Kevin Cox, City resident, spoke in support of keeping downtown cross-streets open, as a frequent walker on the downtown mall. He asked why it is possible to drive onto the downtown mall from the crossings, and will it be corrected? Ms. Tanesha Hudson, City resident, thanked Communications Director Brian Wheeler and Office of Human Rights Manager Charlene Green for help with the recent Unity Days event. She advised that she would like for Council and staff to give more attention to concerns of the black community regarding traffic crossings in order to make every neighborhood a safe neighborhood. Ms. Mary Carey, City resident, spoke in support of keeping the downtown cross-streets open. She spoke about Freedom of Speech in relation to City Councilors. Ms. Robin Hoffman, City resident, encouraged people to sign up for CPA-TV. She advised that on Saturday, August 24, Calvin Tate would be signing up participants for 28-minute shows on CPA-TV. She spoke of a Home Energy Challenge signup. Ms. Walker closed Community Matters and Council went into recess at 7:50 p.m. The meeting reconvened at 8:10 p.m. PUBLIC HEARING/ APPROPRIATION: State Revenue Sharing and SmartScale funds for West Main Streetscape Improvements Phase 2 - $4,009,265 (carried) West Main Phase 2 appropriation $4,009,265 9 Ms. Jeanette Janiczek, Urban Construction Initiative Program Manager, made the presentation. Ms. Walker opened the public hearing. No one was present who wished to speak. Mr. Signer addressed comments from Mr. Farina about gentrification earlier in the meeting. He advised that those matters were a major consideration in the beginning of West Main improvements planning. Ms. Galvin gave additional comments about zoning in the area of the Drewary Brown Bridge as a direct response to community input. Ms. Hill made comments about Drewary Brown Bridge requests for enhancement. There were no objections to moving the item forward to the next consent agenda. PUBLIC HEARING/ ORDINANCE: Petition to close an alley off Charlton Avenue, next to 931 Charlton Avenue (carried) Ordinance-Alley Closure Charlton Ave City Attorney John Blair introduced the item and gave background information regarding scoring. He advised that the item does not need to be referred back to the Planning Commission. Ms. Walker opened the public hearing. Reverend George Gohanna spoke on behalf of his mother who was the property owner at 931 Charlton Avenue. His mother passed away June 8, 2019. He mentioned that the alley has been closed since 1967. He advised that the alley has not been in use since that time, and the land was signed over to his mother. He asked why the change is being considered now, and opposed the closing of the alley. Mr. Matt Murry, owner of 929 Charlton Avenue, advised that the house encroaches into the alley and is a defect to the deed on the property title. The house cannot be sold unless the City abandons the alley. Ms. Galvin asked if there is another way to remedy the situation. Mr. Blair explained the title loan and insurance requirements. Discussion ensued about the City abandoning a portion of the alley, possibly splitting the alley between two property owners, and about how to handle the sewer easement. 10 Council agreed to move the item forward to the next consent agenda. RESOLUTION*: Critical Slope waiver - 915 6th Street SE 915 6th Street SE Critical Slope Waiver Ms. Carrie Rainey, City Planner, presented the item, which was discussed at the May 14, 2019 Planning Commission meeting. The item came before City Council with a 3-2 recommendation for denial from the Planning Commission. On motion by Ms. Galvin to deny the request, based on the Planning Commission recommendation, and seconded by Ms. Hill, Council by the following 4-1 vote DENIED the request (Ayes: Ms. Walker, Ms. Hill, Ms. Galvin and Mr. Signer. Noes: Dr. Bellamy). REPORT: Report and Recommendations from the City Manager's Advisory on Organizational Equity Equity Committee Final Report Recommendations Mr. Mike Murphy, Deputy City Manager, presented the report. He thanked staff members for working on this effort. The report addressed the City's role in improving equity within the City organization, to better serve and meet the needs of citizens. He advised that diversity without equity and inclusion is meaningless. Ms. Kaki Dimock shared recommendations from the Equity Committee: 1) Prepare the City staff for culture change, and 2) Create an Office of Diversity, Equity and Inclusion Ms. Dimock spoke of intentional strategic goals around race and equity, and how services are delivered to the public. Included in this effort would be selecting a new Human Resources Director with experience in areas of diversity, equity and inclusion. Dr. Bellamy thanked the committee members for the work on this effort, and the leadership of Mr. Murphy and Ms. Dimock. Ms. Galvin asked about the equity impact assessment tool for informing Council decisions on development and other matters. Ms. Walker asked about timeline for establishing an advisory team. Staff advised that the additional recommendations on cost will be forthcoming. Council unanimously agreed to adopt the recommendations. 11 OTHER BUSINESS Dr. Richardson asked Mr. Wheeler to correct information about a forthcoming event. Mr. Wheeler advised that the Community Meeting Center public open house would be on September 21st and that the August 24th event would be for the faith community to sign up for programming time slots. Mr. Signer addressed comments about public gatherings brought up earlier in the meeting to clarify standard operating procedures versus ordinance. MATTERS BY THE PUBLIC Mr. John Hall directly addressed the mayor and advised that he has been psychoanalyzing her in regard to race relations. He asked for inclusion. Ms. Shaun Harris spoke about being unsettled by actions within Council Chamber. Her comments were directed to the two African-American members of City Council, as firsts in their positions for the African-American community. She asked when being profane, undignified and uncouth became the new narrative. The meeting adjourned at 9:16 p.m. NOTICE OF SPECIAL MEETING A SPECIAL MEETING OF THE CHARLOTTESVILLE CITY COUNCIL WILL BE HELD ON Tuesday, September 3, 2019, AT 5:30 p.m. IN THE Second Floor Conference Room, City Hall, 605 E. Main Street, Charlottesville, Virginia. THE PROPOSED AGENDA IS AS FOLLOWS: Closed session as provided by Section 2.2-3712 of the Virginia Code (Personnel; Boards & Commissions; legal consultation) BY ORDER OF THE CITY COUNCIL BY Kyna Thomas Second Floor Conference Room – September 3, 2019 The Charlottesville City Council met on September 3, 2019, with the following members present: Mayor Nikuyah Walker, Vice Mayor Heather Hill, Ms. Kathy Galvin, and Mr. Mike Signer. Dr. Wes Bellamy arrived at 6:15 p.m. Ms. Walker called the meeting to order at 5:35 p.m. On motion by Ms. Hill, seconded by Ms. Galvin, Council voted (Ayes: Walker, Hill, Galvin and Signer. Noes: None. Absent: Bellamy) to meet in closed session as authorized by Va. Code sec. 2.2-3712, specifically: - as authorized by Virginia Code Section 2.2-3711(A)(1) to discuss the performance of the Charlottesville City Manager and a specific employee of the Office of the Charlottesville Clerk of Council; and - as authorized by Virginia Code Section 2.2-3711(A)(1) for the discussion and consideration of prospective candidates for appointment to the Charlottesville Minority Business Commission; and - as authorized by Virginia Code Section 2.2-3711(A)(8) for consultation with legal counsel and staff members regarding specific legal matters related to insurance claims. On motion by Ms. Hill, seconded by Dr. Bellamy, Council certified by the following vote (Ayes: Walker, Hill, Bellamy, Galvin, and Signer. Noes: None.), that to the best of each Council member’s knowledge only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the Motion convening the closed session were heard, discussed or considered in the closed session. The meeting adjourned at 6:25 p.m. 2 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. This page intentionally left blank CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: September 16, 2019 Action Required: Approve appropriation Presenter: Diane Kuknyo, Director of Social Services Staff Contacts: Mary Jane Skidmore, Chief of Benefit Programs Laura Morris, Chief of Administration Title: Funding for Virginia Temporary Assistance to Needy Families Employment and Training (VTET) pilot program - $50,000 Background: The Charlottesville Department of Social Services (CDSS) has received $50,000 in funding to serve as a pilot site for an initiative between the Department of Child Support Enforcement and the Virginia Department of Social Services. Discussion: The Division of Child Support Enforcement (DCSE) is collaborating with the Virginia Department of Social Services Temporary Assistance for Needy Families (TANF) program for an employment services pilot. The pilot initiative will be managed by the Virginia Initiative for Education and Work (VIEW) team at CDSS. This pilot program will serve certain noncustodial parents with a DCSE TANF case and current and/or past due child support obligation. Pilot participants will be identified and referred to the VIEW team at CDSS by DCSE staff. Pilot participants will be offered the opportunity to receive employment and supportive services through the Virginia TANF Employment and Training (VTET) program. The pilot will be administered in Fairfax County, Charlottesville, and Norfolk beginning June 1, 2019, and will run for 18 months. DCSE district offices and the department of social services staff will work together to assist participants on working towards self-sufficiency, paying off child support debts, and paying child support on a consistent basis. Alignment with City Council’s Vision and Strategic Plan: This pilot project aligns with the Council Vision for Economic Sustainability, and Strategic Plan Goal 1: An Inclusive Community of Self –sufficient Residents. Community Engagement: CDSS and the VIEW team are actively involved in the community and aware of the gap in employment services and support for non-custodial parents in TANF involved cases. This pilot offers a resource to meet that longstanding need. Budgetary Impact: There are no general funds required or being requested for this program in FY 2020. Recommendation: Staff recommends approval and appropriation of these funds. Alternatives: If the appropriation is not approved, CDSS will not be able to participate in the pilot and the target local cohort will not be served. Attachments: Appropriation APPROPRATION Funding for Virginia Temporary Assistance to Needy Families Employment and Training (VTET) Pilot Program $50,000 WHEREAS, the Charlottesville Department of Social Services has received $50,000 from the Virginia Department of Social Services to participate in the TANF Non-Custodial Parent Employment Pilot. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $50,000 is hereby appropriated in the following manner: Revenue-$50,000 Fund 212 Cost Center: 9900000000 G/L Account: 430080 $50,000 Expenditures-$50,000 Fund 212 Cost Center: 3333002000 G/L Account: 540060 $50,000 This page intentionally left blank CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: September 16, 2019 Action Required: Appropriation of grant funds Presenter: Susan Morrow, Offender Aid and Restoration Staff Contact: Ryan Davidson, Senior Budget and Management Analyst Susan Morrow, Offender Aid and Restoration Title: Charlottesville/Albemarle Adult Drug Treatment Court Substance Abuse and Mental Health Services Administration Grant Award - $300,548 Background: The City of Charlottesville, on behalf of the Charlottesville/Albemarle Adult Drug Treatment Court, has received a grant from the Substance Abuse and Mental Health Services Administration (hereinafter SAMHSA), a division of the U. S. Department of Health and Human Services, in the amount of $300,548 for operations of the drug court program, which is operated by Offender Aid and Restoration (O.A.R.). The City of Charlottesville serves as fiscal agent for the Substance Abuse and Mental Health Services Administration Drug Treatment Court Grant. Discussion: In its twenty-first year of operation, the Charlottesville/Albemarle Adult Drug Treatment Court is a supervised 12 month drug treatment program that serves as an alternative to incarceration for offenders. Drug Court is a specialized docket within the existing structure of the court system given the responsibility to handle cases involving non-violent adult felony offenders who are addicted to drugs. The program uses the power of the court to assist offenders with moderate to severe substance use disorders to achieve recovery through a combined system of intensive supervision, drug testing, substance abuse treatment, and regular court appearances. The SAMHSA grant will fund enhancements that are intended to close current gaps in the drug court treatment continuum, support consumer specific clinical needs and create a supportive environment that connects participants with a broader, community-based system of services and support, bridging the gap between treatment and recovery communities. All of the new enhancements are evidence based and are expected to improve retention rates and graduation rates while reducing recidivism among drug court participants and graduates. The total budget for the SAMHSA grant is $300,548, and it does not require a local match. Alignment with City Council Vision and Strategic Plan: This program supports the Council’s Goal C2: Be a safe, equitable, thriving and beautiful community and Objective C2.1: Provide an effective and equitable public safety system. The drug court is a valuable, less expensive alternative to incarceration for certain substance dependent criminal offenders which utilizes a blend of court-ordered supervision, drug testing, drug and mental health treatment services, court appearances, and behavioral sanctions and incentives to reduce recidivism and drug use among participants beyond what is observed after incarceration alone. Community Engagement: The Drug Treatment Court is a direct service provider and is engaged daily with non- violent criminal offenders with drug driven crimes who are at a high level of risk for reoffending due to active addictions and long standing patterns of criminal behavior. By collaborating with the Court system, Region Ten Community Services Board, and the Sheriff’s department, the Drug Treatment Court provides these offenders with a highly structured, rigorously supervised system of treatment and criminal case processing that results in a significant reduction in recidivism rates for program participants and graduates. Participants gain access to the Drug Treatment Court through referrals from police, probation, magistrates, defense attorneys and other local stakeholders. Participants have active criminal cases pending in the Circuit Court. If they successfully complete the program which takes a minimum of 12 months and requires a minimum of 12 months substance free, participants may have their pending charges reduced or dismissed. If participants are unsuccessful and have to be terminated from the program, they return to court to face their original charges. Successful Drug Treatment Court participants return the community’s investment in them by maintaining full time, tax paying employment, providing for and taking care of their children and families including paying off back child support, behaving as good role models in the community, and supporting the recovery community in Charlottesville. Budgetary Impact: There is no budgetary impact to the City. All funds will be appropriated to the grants fund and no local match is required for the SAMHSA grant. Recommendation: Staff recommends approval and appropriation. Attachments: N/A APPROPRIATION Charlottesville/Albemarle Adult Drug Treatment Court Substance Abuse and Mental Health Services AdministrationGrant Award $300,548 WHEREAS, the Substance Abuse and Mental Health Services Administration, a division of the U. S. Department of Health and Human Services, in the amount of $293,745 for the Charlottesville/Albemarle Drug Court Treatment Court in order to fund salaries, benefits, and operating expenses; and WHEREAS, the City of Charlottesville serves as the fiscal agent for this grant program; and WHEREAS, the grant award covers the period October 1, 20119 through September 30, 2020. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $300,548, received as a grant from the Substance Abuse and Mental Health Services Administration, is hereby appropriated in the following manner: Revenues $300,548 Fund: 211 Internal Order: 1900335 G/L Account: 431110 Expenditures $300,548 Fund: 211 Internal Order: 1900335 G/L Account: 530550 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $300,548 from the Substance Abuse and Mental Health Services Administration. This page intentionally left blank CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: September 16, 2019 Action Required: Approval of Refund of Tax Payment Presenter: Jason Vandever, City Treasurer Staff Contacts: Jason Vandever, City Treasurer Jeffrey Davis, City Assessor Title: Refund of Tax Payment to East Market Street, LLC - $16,173.30 Background: In 2014 a property transfer was incorrectly recorded at 0 10th St NE. The property record should have indicated that 923 East Market Street, LLC was the owner of the property, but instead the record indicated that the property was owned by East Market Street, LLC in error. At the time, neither party notified the City of the clerical error. Both parties have been notified of the error and the correct owner will be billed for the taxes that are due. As a result, the City owes East Market Street, LLC a refund of taxes paid from 2016-2019. However the correct property owner will be billed for these taxes resulting in no change in the real estate tax or stormwater fee revenue. Discussion: City Code requires Council approval for any tax refunds resulting from an erroneous assessment in excess of $2,500 (City Code Sec. 30-6b). Payment of interest is required in accordance with Code of Virginia 58.1-3918. Code of Virginia 58.1-3990 limits refunds due to exonerations to the current tax year and three prior tax years. The refund has been approved for presentment to Council by the City Attorney, City Assessor, and City Treasurer. The total refund amount is $16,173.30. Alignment with City Council’s Vision and Strategic Plan: n/a Budgetary Impact: The refund will reduce Interest Revenue (GL 400030) by $2,089.70. Because the assessments will be correctly billed to 923 East Market Street, LLC, there will be no change in the real estate tax or stormwater fee revenue upon payment of the taxes by the correct property owner. Recommendation: Approval of the tax refund. Alternatives: n/a Attachments: Interest Calculation Council Resolution Due Date Tax Stormwater # of Days Daily Interest Rate Interest 6/5/2016 $ 1,266.35 $ 115.20 1183 $ 0.35 $ 410.44 12/5/2016 $ 1,266.35 $ 115.20 1000 $ 0.35 $ 346.95 6/5/2017 $ 2,148.90 $ 115.20 818 $ 0.59 $ 481.59 12/6/2017 $ 2,148.90 $ 115.20 634 $ 0.59 $ 373.26 6/5/2018 $ 2,148.90 $ 115.20 453 $ 0.59 $ 266.70 12/5/2018 $ 2,148.90 $ 115.20 270 $ 0.59 $ 158.96 6/5/2019 $ 2,148.90 $ 115.20 88 $ 0.59 $ 51.81 Total $ 13,277.20 $ 806.40 $ 2,089.70 Calculation Date 9/1/2019 Tax Interest Rate 10% Grand Total $ 16,173.30 224 14th ST NW 22903 RESOLUTION AUTHORIZING REFUND TO EAST MARKET STREET, LLC OF REAL ESTATE TAXES PAID FOR 2016-2019 $16,173.30 WHEREAS, the City Assessor has determined that East Market Street, LLC was incorrectly identified as the owner of 0 10th St NE; and WHEREAS, the real estate taxes for the Property for calendar years 2016-2019 were paid on time and as billed; and WHEREAS, the City Assessor has certified that a refund of taxes paid and interest is due in the amount of $16,173.30; and WHEREAS, City Code Section 30-6(b) requires City Council approval for any tax refund exceeding $2,500.00; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the City Council hereby authorizes the City Treasurer to issue a refund of $16,173.30, payable to East Market Street, LLC. This page intentionally left blank CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: September 16, 2019 Action Required: Appropriation of Funds Presenter: Jeff Werner, Preservation & Design Planner, Department of Neighborhood Development Services (NDS) Staff Contacts: Jeff Werner, Preservation & Design Planner, NDS Alex Ikefuna, Director, NDS Title: Virginia Department of Historic Resources (VDHR) 2019-2020 Certified Local Government grant funding for 10th and Page Neighborhood Historic Resources Survey Background: The City of Charlottesville through the Department of Neighborhood Development Services has been awarded $21,060 from the VDHR 2019-2020 Certified Local Government (CLG) Subgrant program towards a historic survey of the 10th and Page neighborhood. In addition to the grant of $21,060 from VDHR, there is a local match requirement, which will be met through the usage of $31,590 in existing city funding for historic resources. The project’s estimated total cost is $52,650.* The city’s share, $31,590, is currently available in the Neighborhood Development Services New Historic Surveys fund ($20,568) and in the Historic Resources Task Force fund ($11,022). [* Note: Prior information, including the attached, indicate a project cost of $52,550. Amount is here revised by $100 to correctly reflect the 60/40 split of city funding and CLG grant funding.] Discussion: This funding will provide a comprehensive, reconnaissance-level survey of approximately 350 properties, most of which have not been previously surveyed. It will also provide a Preliminary Information Form (PIF) based on the survey results, to determine if part or all of the neighborhood would qualify for future listing as a National Register historic district. Alignment with Council Vision Areas and Strategic Plan: • Council’s Vision 2025: o Charlottesville cherishes and builds programming around the evolving research and interpretation of our historic heritage and resources. • City Strategic Plan: o Goal 3.5: Protect historic and cultural resources. • Additionally, from the recommendations of the BRC on Race, Memorials, & Public Spaces: o Highlighting and Linking Historic Places: […] council provide financial and planning support for historic resource surveys of African American, Native American and local Appropriation 2019-2020 CLG Grant, 10th & Page Historic Survey (8/21/2019) Page 1 labor neighborhoods and sites, seeking National Register listing and zoning and design guideline protection, where appropriate. Community Engagement: In July 2017, the 10th and Page Neighborhood Association expressed support for the historic survey. Following that, city staff reviewed the request with VDHR staff, who recommended the boundaries of the survey. Budgetary Impact: The city’s share, $31,590, is available in Neighborhood Development Services fund 426 for New Historic Surveys P-00484 ($20,568) and in the Historic Resources Task Force fund 3901005000 ($11,022). Recommendation: Staff recommends approval and appropriation of funds. Alternatives: The alternative is to not approve this project, which would be contrary to Comprehensive Plan Historic Preservation Goal 3 Incentives & Tools, 3.2: Pursue National Register and Virginia Landmarks Register status for all future local historic districts. Attachments: • Draft resolution • Narrative from May 15, 2019 CLG Grant Request • CLG Subgrant Agreement letter (signed by City August 12, 2019) Appropriation 2019-2020 CLG Grant, 10th & Page Historic Survey (8/21/2019) Page 2 APPROPRIATION Virginia Department of Historic Resources 2019-2020 Certified Local Government Grant Funding for 10th and Page Neighborhood Historic Survey $52,650 WHEREAS, the City of Charlottesville, through the Department of Neighborhood Development Services, has received from the Virginia Department of Historic Resources, funding to support a historic survey for the 10th and Page Neighborhood, NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $21,060 for the fiscal year 2019-2020 received from the Virginia Department of Historic Resources is hereby appropriated in the following manner: Revenue $ 21,060 Fund: 209 IO: 1900338 G/L: 430120 (State/Fed Pass Thru) $ 31,590 Fund: 209 IO: 1900338 G/L: 498010 (Transfer from other fund) Expenditure $ 52,650 Fund: 209 IO: 1900338 G/L: 530670 (Other contractual services) Transfer $20,568 Fund: 426 WBS: P-00484 G/L: 561209 (Transfer to grants) $11,022 Fund: 105 CC: 3901005000 G/L: 561209 (Transfer to grants) BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $21,060 for the fiscal year 2019-2020 from the Virginia Department of Historic Resources. Approved by Council September 16, 2019 __________________ Clerk of Council 10th and Page Neighborhood Historic Survey Charlottesville, Virginia A proposal to the Commonwealth of Virginia Department of Historic Resources 2019-2020 CLG Sub-grant Program Submitted by Tue City of Charlottesville May 15, 20191 iitt:i 't. a! r"'\ M: d>GlN"IA • '\ Narrative for 2019-2020 CLG Grant Request - 10th & Page Neighborhood Historic Survey (15 May 2019) 1 D HR_1 Virginia Department of Historic Resources CERTIFIED LOCAL GOVERNMENT SUB GRANT APPLICATION FY 2019-2020 Section B. Project Description 1. Proposed Project Type: (Check one that applies) ☐Archeological Project ☐ Preservation Planning Project ☐ National Register Nomination(s) ☒ Survey/Inventory Project ☐ Historic Preservation Planning Project ☐ Construction/Development/Pre-Development Project ☐Preservation Training ☐ Education & Outreach ☐ Design Guidelines ☐Other Narrative Statement of Project Description and Design. 2019-2020 10th and Page Neighborhood Historic Resources Survey, Charlottesville, Virginia Summary The City of Charlottesville Department of Neighborhood Development Services (NDS) is requesting 2019- 2020 Certified Local Government Local Grant funds toward a selective historic resources survey in the area of the City’s 10th and Page neighborhood. The City’s Comprehensive Plan recommends that this neighborhood be surveyed and its documentation will enable the City and its residents to better understand the architectural and historic significance of the neighborhood. The 10th and Page neighborhood is rich with social and community value. Historically it was a working class community composed primarily of modest, single-family residences, with a majority of the houses constructed prior to 1929 and a few as early as the late 1800s. Portions of the neighborhood were once owned by John West. Formerly enslaved, upon emancipation West trained as a barber and began amassing real estate. Upon his death in 1927 West was one of the wealthiest people in the community. During his lifetime he subdivided much of his land and sold lots to African-American families, allowing them to obtain wealth and power in a time before Civil Rights. This area has never been fully surveyed at the level required by the Department of Historic Resources (DHR) standards. In fact, it is only in the last decade that the City’s traditionally African-American neighborhoods and sites have received the attention long given to historically white neighborhoods and sites. This survey will bring the City closer to a more complete inventory of its historic resources. Fieldwork will include neighborhood outreach and preliminary discussions with DHR staff. Deliverables will include preparation and submittal of Virginia Cultural Resource Information System (V-CRIS) inventory forms and a survey report. The total project cost is $50,900. The City is requesting $24,000 (nearly 50%) in matching CLG grant funding. (Note July 2019: Project cost revised to $52,550; grant amount awarded is $21,060.) Narrative for 2019-2020 CLG Grant Request - 10th & Page Neighborhood Historic Survey (15 May 2019) 2 Project Description Survey Area and Description The proposed survey area is based roughly on the traditional boundaries of the 10th and Page neighborhood, with adjustments to account for an adjacent, related section that is of a later period of development. (Note: After discussions with DHR’s Marc Wagner, Director, Eastern Region Preservation Office, it was decided to include the small area to the north of Grady Avenue.) The survey area appears to encompass one of the City’s largest concentrations of buildings constructed in the first quarter of the 20th century. The area of approximately 100 acres is bounded: • on the west by 13th Street NW; • on the south by the properties fronting Page Street (including a small segment of 10th Street NW); • on the east by the railroad tracks; • on the north by Preston Avenue, from the railroad tracks to a line just north of Rosser Avenue East. Objectives The objectives of the 10th and Page neighborhood survey are: • Satisfy the community’s request to learn more about the significance of the history and buildings in a neighborhood that is associated with the history and culture of African Americans. • Raise public awareness and understanding, thereby encouraging a greater commitment to the voluntary protection and preservation of historic resources. • Provide a base level of information about the location and type of resources within the area to inform local planning decisions, including any potential future requests by the neighborhood for a local historic district. • Determine the feasibility and boundaries of a possible future NRHP district that would allow tax credits to encourage rehabilitation. Properties in the Survey Area There are approximately 480 parcels; 435 parcels have structures on them, with construction dates ranging from 1870 to 2016, per City tax data; 344 structures are dated prior to 1960. Of the pre-1960 buildings: • 323 are single-family homes (over 230 of these are pre-1930); • four are apartment buildings; • 13 are commercial buildings; and • four are places of worship. Locally-designated properties: • 134 10th Street NW, Coca-Cola Bottling • 946 Grady Avenue, Monticello Dairy • 1000 Preston Avenue, Southern Bakery Building • 212 [also 0] Rosser Avenue East, Holy Temple Church VLR/NRHP listed properties: • 722 Preston Avenue, Coca-Cola Bottling Works in Charlottesville (104-5174) • 1010 Preston Avenue, Rock House or Charles B. Holt House (104-5098) The survey area is bounded almost entirely by neighborhoods that have been previously surveyed: • To the west: the Rugby Road/University Corner Historic District (104-0133). • To the south: West Main Street (104-0083) and Wertland Street (104-0136). • To the east: the Starr Hill neighborhood (PIF in 2017). • To the north: the Rose Hill neighborhoods (PIF in 2018). Narrative for 2019-2020 CLG Grant Request - 10th & Page Neighborhood Historic Survey (15 May 2019) 3 Note: The 10th and Page neighborhood includes Westhaven, a 10-acre, 126-unit public housing complex constructed in the early 1960s, during Charlottesville’s period of “urban redevelopment.” This action included the razing of African-American neighborhoods at Vinegar Hill, Garrett Street, and, within 10th and Page, Cox’s Row. The Westhaven buildings and site have been documented and will not be surveyed with this work. However, Westhaven is a critical component of the neighborhood’s history, as well as the City’s, and the historical narrative from this survey will include that impact. Scope of Work (See detailed summary in the attachments) • To manageably and effectively complete a reconnaissance-level documentation of such a large area, the project will employ a selective survey of only those properties with structures dating prior to 1960.* Included will be 106 properties surveyed by City interns between 2012 and 2016. Six properties are locally designated; two are listed on the Virginia Landmarks Register (VLR) and the National Register of Historic Places (NRHP). (*Note: 88 buildings are listed as being constructed in 1920. Maps and other information suggest earlier construction dates. See comments in the attachments.) • Schedule: All work to be completed by June 2020. (See attached Section C.) • Phasing: o Task 1 – Kickoff Project/Engage Neighborhood (106 Group, NDS Staff) o Task 2 – Research (106 Group) o Task 3 – Conduct Fieldwork (106 Group) o Task 4 – Process Data/V-CRIS Entry (106 Group) o Task 5 – Draft Survey Report and PIF (106 Group) (Revised July 2019) o Task 6 – Draft Survey Report and PIF Review (NDS Staff, DHR) (Revised July 2019) o Task 7 – Review V-CRIS Form (DHR) o Task 8 – Prepare Deliverables (106 Group) o Task 9 – Present findings (NDS Staff) • Deliverables: o A DHR inventory form for all properties in the project area, submitted digitally via V-CRIS, and one (1) final hard copy version of each form will be submitted to DHR and to the City of Charlottesville (including a digital version compiled on a CD). o Digital color photos of each property will be saved to a CD and submitted to the City of Charlottesville, as well as uploaded to an FTP site for submittal to DHR. o A brief survey report will be prepared. One (1) final hard copy and one (1) final digital copy of the final survey report will be submitted to the City of Charlottesville and DHR. City Qualifications and Project Support The City of Charlottesville adopted its first local district ordinance in 1959 and adopted a Historic Preservation Plan in 1993. The City’s 2013 Comprehensive Plan updated previous plans with a Historic Preservation chapter that includes nine historic preservation goals. The 10th and Page Neighborhood Historic Survey proposal will support the achievement of at least four of the nine goals: • GOAL 2. Educate property owners and potential property owners of historic resources about the significance of their properties; • GOAL 3. Continue to identify and make available incentives to encourage historic preservation; • GOAL 4. Systematically inventory and evaluate all historic resources in the City and develop context narratives that provide the historical and architectural basis for evaluating their significance and integrity; o Objective 4.1 states, “Work with the following neighborhoods to develop interest and participation in documentation of neighborhood buildings and history through architectural and historic surveys: 10th & Page, Starr Hill, and North Belmont.” • GOAL 6. Provide effective protection to the City of Charlottesville’s historic resources. Narrative for 2019-2020 CLG Grant Request - 10th & Page Neighborhood Historic Survey (15 May 2019) 4 The City’s efforts to survey and protect historic properties have accelerated in recent years in anticipation of, and in reaction to, increased development and associated demolitions. In 2003 Charlottesville adopted a new zoning ordinance designed to encourage increased density and mixed-use development. At the same time, it recognized the need to further protect its historic resources. Since 2003, the City has designated five new local districts, expanded two existing districts, and added twelve individually designated properties. In all, approximately 1,400 properties are now protected by local regulation. In addition, seven new districts have been listed on the VLR and NRHP; the City’s total now exceeds 2,000 contributing sites and structures. As with prior surveys, City staff will provide assistance to the consultant, including GIS data/mapping, access to City records and documents, and taking the lead on community outreach and engagement. Through the Preservation and Design Planner and other NDS staff, the City has successfully managed multiple historic resource surveys, as summarized above. These projects are programmed into our annual work plan. Currently underway is a survey of the Little High neighborhood and, as a result of the 2018 survey of the Rose Hill neighborhood and with overwhelming local support, the City has retained a consultant to prepare the nomination for VLR and NRHP listing of the Burley School. Project Design Historical Context Although segregated within its boundaries--with the white homes all but exclusively located east of 10th Street and north of Page Street—10th and Page was initially a diverse neighborhood. Through the 1930s and 1940s it transitioned to predominantly African-American and remained so late into the century. A number of families have connections to individual properties that span generations and several families have owned and lived in the same house for half a century or more. A temporal snapshot of the community is available from the 1930 US Census, when almost 500 households were registered within the survey area. More than half are black (275) and of these 156 (57%) owned their homes—slightly higher than the nearby white households. Of the 252 occupations listed for black heads of household, over two-thirds are listed as either Servant (37), Laborer (33), Janitor (28), Waiter (25), Laundress (19), Chauffeur (13), or Cook (13). Only 14 report professional occupations, which include one dentist, one doctor, and three ministers. Of the 122 white households listed, 56% own their homes. While one-quarter of the heads of household have professional occupations, the remainder are service related. However, in contrast with the black households, there are only four Laborers, one Janitor, and none employed as a Servant, Waiter, Laundress, Chauffeur, or Cook. Interestingly, the 1930 Census identifies 20 men as military veterans. Of the 19 who reported service in World War I, twelve are black and seven are white. The other individual is Civil War veteran William Garrison of 909 Anderson Street. Born in 1848, at age 17 he served a mere four months in the Albemarle Light Artillery Battery before Lee’s surrender at Appomattox. In the survey area north of Grady Avenue is a collection of small, simple, concrete-block dwellings constructed mid-century for African-American families. Here—and in other parts of the City--Reverend Charles H. (C.H.) Brown worked with local civil rights leader Drewary Brown to help African-American families acquire property and secure the financing to construct their own homes. In 1947, C.H. built the church at the corner of 12th Street and Rosser and in 1953, at 706 12th Street NW, built what would be the first of many of his signature concrete-block houses. (Reverend Brown, whose family lived at 354 10-1/2 Street NW, formed the C.H. Brown Construction Company that from the 1950as through the 1970s would build for African-American families an estimated 150 of these homes throughout the City.) Narrative for 2019-2020 CLG Grant Request - 10th & Page Neighborhood Historic Survey (15 May 2019) 5 Threats and Stewardship Needs The City of Charlottesville has a wealth of historic resources, both grand and vernacular. The City has long had a goal of systematically surveying all of its historic buildings. Charlottesville is also committed to providing protection for its historic buildings, through both VLR and NRHP listings and local designation. While completing a neighborhood survey does not necessarily lead to VLR, NRHP, or local designation, that documentation serves a valuable purpose: It raises public awareness of the neighborhood’s history and historic resources. That awareness leads to interest in the tools and incentives available to protect those resources. A historic survey also provides the City and its residents the information needed to plan for the preservation and wise use of historic and cultural resources. To date, the architectural history of the 10th and Page area has been surveyed for less than one-third of the neighborhood’s pre-1960 structures, and very little of that work has been entered into V-CRIS The City is currently reviewing its Comprehensive Plan (last updated in 2013). Public comments repeatedly include concerns about the loss of the historic buildings in older neighborhoods and the encroachment of new development, particularly into the historically black neighborhoods north and south of West Main Street, like 10th and Page. Since 2000 alone, within the proposed survey area, no less than 36 pre-1960s structures have been razed, primarily houses: 24 were pre-1920; 12 constructed in the 1920s to 1950s. Also since 2000, on these cleared lots and others that were vacant, 38 new houses have been built. Given this vulnerability, and the recent escalation of property values in all City neighborhoods, a historic survey is needed to document existing resources before they are replaced or remodeled, and to help ensure that the character of this neighborhood will be maintained as the areas around it are more intensively developed. Among the lost resources: • A small, single-story, neighborhood grocery store once stood at the corner of 10th Street NW and Paoli Street. Constructed prior to 1920, all that remains today are its concrete steps. • The Cox Row Houses were constructed in the late 1800s by the Cox brothers. Built to meet the need for worker housing, over fifty of these modest, wood-framed, two-story units—each unit serving two families—once stood along Page Street and what was known as Cox’s Row. Today only five remain- -824, 836, 838, 903, and 905 Page Street. Benefits Charlottesville’s Comprehensive Plan recommends three neighborhoods for historic resources surveys: Starr Hill (completed in 2017), North Belmont (completed in 2017), and the 10th and Page neighborhood. The 10th and Page Neighborhood Historic Resources Survey will address the following statewide priorities: • Provide broad-based survey coverage of an area that has been only partially surveyed. • Survey an area that is under threat or endangered, that is under-documented, and for which its historic context is not well understood. • Identify and document resources associated with Virginia’s culturally diverse history. In March 2001, DHR staff met with Charlottesville city planners to look at CDBG neighborhoods. At that time, 10th and Page was recommended for survey by DHR staff. In 2003, a CLG grant request to support a survey of a portion of this area was declined due to limited available funds and because the request lacked clarity on the proposed work. Subsequently, between 2012 and 2016 NDS interns completed a limited inventory of the area. Completing this survey will move the City closer to a more complete inventory of its traditionally African- American neighborhoods and sites, which only in the past decade (list below) have received the attention long given to historically white neighborhoods and sites. • Fifeville-Tonsler (104-0213), surveyed 2008; Narrative for 2019-2020 CLG Grant Request - 10th & Page Neighborhood Historic Survey (15 May 2019) 6 • Daughters of Zion Cemetery (104-5153), surveyed 2010; • Starr Hill, surveyed 2017; • Rose Hill, surveyed 2018. Additionally, this survey will support the recommendations of the City’s Blue Ribbon Commission on Race, Memorials, and Public Spaces, a 2016 report that included a unanimous recommendation that the City “provide financial and planning support for historic resource surveys of African American, Native American and local labor neighborhoods and sites, seeking National Register listing and zoning and design guideline protection, where appropriate.” (See attachment for full text.) Information from the survey will be shared with the community through neighborhood meetings and be made available on-line through the City’s historic preservation page. Part of the 2012-2016 work by NDS interns was interviewing several 10th and Page residents and collecting photos and other information. Through the public engagement process for this survey we plan to again invite residents to share their stories, adding valuable context to the physical inventory of the neighborhood. Schedule and Capacity The 10th and Page Neighborhood Historic Resources Survey will commence in late-summer 2019, including neighborhood meeting and initial documentary research. Field work and documentation will occur in late 2019, followed by drafting of the report and V-CRIS entry in early 2020, and project completion with deliverables by mid-spring 2020. Groups who provide support and assistance on projects of this nature include the City’s Historic Resources Committee, the Jefferson School African American Heritage Center, the Charlottesville Center for History and Culture [formerly the Albemarle County Historical Society], the Central Virginia History Researchers, and Preservation Piedmont. Among the residents of the 10th and Page Neighborhood are two members of the City’s Board of Architectural Review and one member of the City’s Planning Commission. 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