CITY COUNCIL MEETING October 5, 2020 Virtual/electronic meeting 5:30 PM CLOSED MEETING The Charlottesville City Council met in an electronic meeting on Monday, October 5, 2020, in accordance with a local ordinance approved July 27, 2020 to ensure continuity of government and prevent the spread of disease. Mayor Nikuyah Walker called the meeting to order at 5:32 p.m. with the following members present: Mayor Nikuyah Walker, Vice Mayor Sena Magill, Councilor Heather Hill, Councilor Michael Payne and Councilor Lloyd Snook. On motion by Councilor Hill, seconded by Councilor Snook, Council voted 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker; Noes: none) to meet in closed session as authorized by Virginia Code Sections 2.2-3711 and 2.2- 3712, specifically: - as authorized by Section 2.2-3711(A)(7) for consultation and briefing by legal counsel regarding probable litigation arising from a contract, and - as authorized by Section 2.2-3711(A)(8) for consultation with legal counsel and legal advice regarding a matter relating to COVID-19 emergency regulations, and regarding a matter of the status of a previously threatened legal claim. On motion by Councilor Hill, seconded by Councilor Snook, Council certified by the following vote: 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker; 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 6:32 p.m. BY Order of City Council BY Kyna Thomas, Clerk of Council 6:30 PM REGULAR MEETING The Charlottesville City Council met virtually/electronically in regular session on Monday, October 5, 2020, in accordance with the local ordinance approved July 27, 2020 to ensure continuity of government and prevent the spread of disease. The following members were present: Mayor Nikuyah Walker, Vice Mayor Sena Magill, Councilor Heather Hill, Councilor Michael Payne and Councilor Lloyd Snook. Mayor Walker called the meeting to order at 6:33 p.m. On motion by Councilor Hill, seconded by Vice Mayor Magill, Council unanimously adopted the meeting agenda. City Council observed a moment of silence. ANNOUNCEMENTS Councilor Snook acknowledged the passing of former City Councilor John Conover, on October 4, 2020, and shared information from Mr. Conover's 1980-1984 tenure. Vice Mayor Magill announced the Request for Proposal notice for 2020 CDBG-CV3 (Community Development Block Grant – Coronavirus) funding and 2021CDBG and HOME Program funding. Dr. Denise Bonds, Thomas Jefferson Health District Director, provided an update on Covid-19 data. Mayor Walker announced the work session focused on boards and commissions scheduled for October 6 from 4:00 - 7:00 p.m. RECOGNITIONS/PROCLAMATIONS Sheriff's Deputies De’Quan M. Neal and Peter T. O’Malley were recognized for saving seven people from a burning building on September 3, 2020 at the 700 block of Prospect Avenue. Mayor Walker, Sheriff James Brown and Interim Fire Chief Emily Pelliccia shared words of appreciation for their acts of courage. Mayor Walker read a proclamation recognizing October as Domestic Violence Awareness Month. CONSENT AGENDA* Clerk of Council Kyna Thomas read the following Consent Agenda items into the record: APPROPRIATION: Fiscal Year 2021 Fire Programs Aid to Locality Funding (Firefund) - $165,628.00 (2nd reading) APPROPRIATION Fiscal Year 2021 Fire Programs Aid to Locality Funding (Firefund) - $165,628.00 WHEREAS, the Virginia Department of Fire Programs 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 $165,628.00 be appropriated in the following manner: Revenues - $165,628 $165,628 Fund: 209 I/O: 1900010 G/L Account: 430110 Expenditures - $165,628 $165,628 Fund: 209 I/O: 1900010 G/L Account: 599999 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $165,628.00 from the Virginia Department of Fire Programs. APPROPRIATION: Virginia Behavioral Health Docket Grant Award - $40,000 (2nd reading) APPROPRIATION Charlottesville - Albemarle Therapeutic Docket Grant Award - $40,000 WHEREAS, the Supreme Court of Virginia awarded the Supreme Court of Virginia Behavioral Health Docket Grant in the amount of $40,000 for the Charlottesville - Albemarle Therapeutic Docket 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 City of Charlottesville and Albemarle County both have dedicated local matches to this grant, totaling $109,450; and WHEREAS, the grant award covers the period September 1, 2020, through June 30, 2021. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $40,000, received as a grant from the Supreme Court of Virginia, is hereby appropriated in the following manner: Revenues $40,000 Fund:209 Internal Order: #1900371 G/L Account: 430110 Expenditures $40,000 Fund:209 Internal Order: #1900371 G/L Account: 530670 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $40,000 from the Supreme Court of Virginia. APPROPRIATION: Urban and Community Forestry Grant - $20,000.00 (2nd reading) APPROPRIATION Urban and Community Forestry Grant - $20,000 WHEREAS, the City of Charlottesville has received $10,000 from the Virginia Department of Forestry through the Urban Community Forestry Grant in order to perform an urban tree canopy assessment; and WHEREAS, the City will contribute $10,000 in funds from the previously appropriated Tree Maintenance funds to serve as the required grant match; Revenue - $20,000 $10,000 Fund: 209 IO: 1900375 G/L Code: 430120 $10,000 Fund: 209 IO: 1900375 G/L Code: 498010 NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $20,000 is hereby appropriated in the following manner: Expenditures - $20,000 $20,000 Fund: 209 IO: 1900375 G/L Code: 599999 Transfer From: $10,000 Fund: 105 Cost Center: 3671001000 G/L Code: 530600 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $10,000 from the Virginia Department of Forestry. APPROPRIATION: Housing Opportunities for People with AIDS/HIV (H.O.P.W.A.) - $288,172 (2nd reading) APPROPRIATION H.O.P.W.A. Grant - $288,172 WHEREAS, The City of Charlottesville, through the Department of Human Services, has received the H.O.P.W.A. Grant from the Virginia Department of Housing and Community Development in the amount of $288,172; NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $288,172 is hereby appropriated in the following manner: Revenues $288,172 Fund: 209 IO: 1900372 (H.O.P.W.A.) G/L: 430120 Federal Pass-Thru State Expenditures $288,172 Fund: 209 IO: 1900372 (H.O.P.W.A.) G/L: 530550 Contracted Services BE IT FURTHER RESOLVED, that this appropriation is conditioned upon receipt of $288,172 in funds from the Virginia Department of Housing and Community Development. APPROPRIATION: Battalion Chief Vehicle Insurance Reimbursement - $36,649.68 (carried) APPROPRIATION: Red Light Management Funds for Home to Hope for Reentry Services/Programming - $20,000 (carried) APPROPRIATION: Virginia Department of Social Services (VDSS) Temporary Aid to Needy Families (TANF) Grants – $257,479.76 (carried) APPROPRIATION: Virginia Juvenile Community Crime Control Act Grant (VJCCCA) - $452,704 (carried) Mayor Walker opened the floor for comments from the public on the Consent Agenda: Peter Krebs spoke about the Urban and Forestry grant in support of tree coverage. On motion by Councilor Hill, seconded by Vice Mayor Magill, Council by the following vote APPROVED the Consent Agenda as presented: 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker; Noes: None). CITY MANAGER RESPONSE TO COMMUNITY MATTERS (FROM PREVIOUS MEETINGS) Acting City Manager John Blair followed up on the following items: - Regarding an inquiry about the City’s Climate Action Plan, he advised that there would be an item on the City Council meeting for October 19. - He announced a Preston Commons Site Plan webinar conference being held on Wednesday, October 7. - Regarding an inquiry about election and inauguration, he advised that the Critical Incident Management Team is monitoring the election events. He advised the public to be prepared for any contingency that may occur. - Regarding questions that arose at the September 21 City Council meeting about the drug court program, he introduced Commonwealth’s Attorney Joe Platania and public defender Liz Murtagh, who spoke as members of the Drug Court Advisory Board. They shared information about the drug court program, which was started in 1998 and has grown through the years. They answered Council questions. COMMUNITY MATTERS Michelle Amt, city resident, asked Council to adopt an equitable Climate Action Plan. Katherine Slaughter, city resident, suggested ways for Council to reach the climate action goal of zero percent emissions by the year 2030. Roy Van Doorn, city resident, serving as Chair of the Virginia Restaurant Lodging Association, spoke about concerns facing the restaurant industry, and made recommendations for distribution of the second round of CARES funding. Cale Jaffe, city resident, Associate Professor of Law at the University of Virginia along with his 11th grade daughter Caroline Jaffe, spoke about the need for Charlottesville City to adopt a climate action plan. Tanesha Hudson spoke about Council dynamics and the need to be fair and impartial. Sara Santa Cruz, representing the Charlottesville Food Justice Network and the International Rescue Committee spoke about benefits of urban agriculture for the refugee community, and food equity issues that should be addressed in the City's Strategic Plan. Kathryn Laughon, city resident, spoke about delays in appointing members to the Human Rights Commission. - Mayor Walker advised that Council would be waiting to make appointments. Shantell Bingham spoke on behalf of the Food Justice Network in support of CARES funding for the Public Housing Association of Residents (PHAR). Peter Krebs, city resident, spoke in support of the Healthy Streets trial on the Belmont Bridge. Nancy Carpenter, city resident, spoke about her working relationship with the Home to Hope program peer navigators and clients. Daniel Kaufman, local restaurant(s) owner, spoke about a social media post from the mayor regarding closing outdoor dining. Ang Conn, city resident, asked a question about the number of drug court successful cases. Chris Meyer, Executive Director for the Local Energy Alliance Program (LEAP), shared information about declining funds for the program. Don Gathers spoke in favor of the LEAP and PHAR requests for Coronavirus Aid, Relief, and Economic Security (CARES) Act Funding. Jeanette Abi-Nader, city resident and Executive Director for Cultivate Charlottesville, spoke about Farm to School and Healthy Schools Week, October 5-9. She also spoke in support of the PHAR request for CARES funding. Carol Thorpe spoke about a recent City settlement with Tanesha Hudson. - Mayor Walker provided a response, and Acting City Attorney Lisa Robertson added that the press release from the City disclosed all necessary City actions taken, and that any monetary compensation would have been determined between third parties. The meeting recessed at 9:11 p.m. and reconvened at 9:25 p.m. ACTION ITEMS PUBLIC HEARING/APPROPRIATION: Coronavirus Aid, Relief, and Economic Security (CARES) Act Funding, second allocation - $4,123,776 (2nd reading) Acting City Attorney John Blair introduced the item and gave a recap of the first round of CARES Act funding. The following staff members provided answers to questions raised during the September 21, 2020 City Council meeting: Director of Finance Chris Cullinan, Deputy City Manager Letitia Shelton, and Director of Human Services Kaki Dimock. Mayor Walker opened the public hearing and the following people spoke: Brandon Collins spoke on behalf of the Public Housing Association of Residents and in support of a request from Charlottesville Redevelopment and Housing Authority. Don Gathers spoke of the need to support housing and food security with CARES Act funding. Jay James spoke on behalf of the Bridge Ministry program regarding partnership with drug court and requested $200,000. Mayor Walker closed the public hearing. After discussion, Council guided staff to return with a report to show prioritization options for community support funds and removal of funding for employee support. On motion by Councilor Snook, seconded by Councilor Hill, Council by the following vote APPROVED the appropriation: 4-1 (Ayes: Hill, Magill, Payne, Snook; Noes: Walker). APPROPRIATION Coronavirus Aid, Relief, and Economic Act (CARES) Funds – Second Allocation $4,123,776.00 WHEREAS, Commonwealth of Virginia has allocated a second round of federal funds from the Coronavirus Aid Relief and Economic Security (CARES) Act to the City in the amount of $4,123,776 to address the COVID-19 pandemic; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the following is hereby appropriated in the following manner which conform with the conditions and guidance established by the Commonwealth, U.S. Treasury, and the City: Revenue $4,123,776 Fund: 208 Cost Center: 9900000000 G/L Account: 430127 $4,123,776 Expenditures Business Support $825,000 Fund: 208 Order: 1900353 G/L Account: 599999 Community Support $639,000 Fund: 208 Order: 1900354 G/L Account: 599999 Operational Modifications $1,275,000 Fund: 208 Order: 1900355 G/L Account: 599999 Employee Support $381,876 Fund: 208 Order: 1900356 G/L Account: 599999 Technology $377,400 Fund: 208 Order: 1900357 G/L Account: 599999 Contingency Reserve Fund $625,000 Fund: 208 Order: 1900358 G/L Account: 599999 BE IT FURTHER RESOLVED, the amounts above appropriated appropriation shall not be deemed to expire at the end of the fiscal year, but are hereby appropriated in the ensuing fiscal year unless altered by further action of this Council. BE IT FURTHER RESOLVED, the amounts hereinabove appropriated for the categories of Business Support, Community Support, Operational Modifications, Employee Support, Technology, Contingency Reserve Fund, may on authorization from the City Manager, or his designee, between categories as needed to meet unforeseen circumstances. PUBLIC HEARING/ORDINANCE: Closing, vacating and discontinuing certain utility easements within the public rights of way for Jersey Pine Ridge and Sunset Drive, public streets within the Briarwood subdivision located in Albemarle County Director of Utilities Lauren Hildebrand presented the item summary and answered clarifying questions from Council. Mayor Walker opened the public hearing. With no speakers coming forward, the public hearing was closed. On motion by Councilor Snook, seconded by Vice Mayor Magill, Council by the following vote APPROVED the Ordinance, waiving the second reading: 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker; Noes: none). ORDINANCE CLOSING, VACATING AND DISCONTINUING CERTAIN UTILITY EASEMENTS WITHIN THE PUBLIC RIGHTS OF WAY FOR JERSEY PINE RIDGE AND SUNSET DRIVE, PUBLIC STREETS WITHIN THE BRIARWOOD SUBDIVISION LOCATED IN ALBEMARLE COUNTY, VIRGINIA GENERAL BUSINESS PUBLIC COMMENT: Council Strategic Plan Update Mayor Walker shared information about the strategic planning process and opened the floor for public comment. Brandon Collins spoke about the housing crisis as a priority. REPORT: City of Promise Report Mary Coleman, City of Promise Executive Director, presented the City of Promise report. She shared the mission “to end generational poverty and to foster a culture of achievement in which all children graduate from high school ready for college or career.” The report shared information about current City of Promise leadership, staff and services. REPORT: Home to Hope Report Hollie Lee from the Office of Economic Development presented the Home to Hope report and success stories along with peer navigators and other staff members. Ramanda Jackson, peer navigator, reviewed the Home to Hope process. Whitmore Merrick, peer navigator, reviewed peer recovery services. Shadee Gilliam, peer navigator, reviewed supportive services. Darrell Simpson with the Downtown Job Center reviewed Supportive Services related to housing. Stacey Washington, peer navigator, reviewed referrals, community engagement and partnerships. Roy Fitch with the Downtown Job Center shared future plans for Home to Hope: 1. Self Odyssey 2. Peer Training 3. Enhanced partnerships and community engagement 4. Continued growth. Councilors made comments in support of the program and the work being done. REPORT: Mayor's "Imagining a Just Cville Working Group" update Mayor Walker reported that the number of individuals involved with the work group has increased to 21: 1. Nikuyah Walker 8. Neal Goodloe 15. Kelisha Powell 2. Michael Payne 9. Janice Redinger 16. Martize Tolbert 3. Rashall Brackney 10. Cherry Henley 17. Nicholas Fagan 4. Kaki Dimock 11. Ramanda Jackson 18. Herb Dickerson 5. Joe Platania 12. Stacey Washington 19. Jay James 6. Harold Folley 13. Whitmore Merrick 20. Tasha Smith 7. Jeffrey Fogel 14. Joy Johnson 21. Jordy Yager She advised that an update would be provided at the second Council meeting in November. OTHER BUSINESS Mayor Walker brought up the topic of temporary employee layoffs and advised that Council agreed to have a public discussion at the next regular Council meeting. MATTERS BY THE PUBLIC Tanesha Hudson spoke about CARES funding, wage disparities, and transparency. The meeting adjourned at 12:32 a.m. BY Order of City Council BY Kyna Thomas, Clerk of Council