CITY COUNCIL AGENDA Members Nikuyah Walker, Mayor October 4, 2021 Sena Magill, Vice Mayor Heather D. Hill Michael K. Payne J. Lloyd Snook, III Kyna Thomas, Clerk 4:00 PM Closed session as provided by Sections 2.2-3711 and 2.2-3712 of the Virginia Code (Boards and Commissions; Personnel) Virtual/electronic meeting 6:30 PM Regular Meeting Register at www.charlottesville.gov/zoom. Virtual/electronic meeting in accordance with a local ordinance amended and re-enacted April 19, 2021, to ensure continuity of government and prevent the spread of disease during a declared State of Emergency. Individuals with disabilities who require assistance or special arrangements to participate in the public meeting may call (434) 970-3182 or submit a request via email to ada@charlottesville.gov. The City of Charlottesville requests that you provide a 48 hour notice so that proper arrangements may be made. CALL TO ORDER MOMENT OF SILENCE ROLL CALL AGENDA APPROVAL ANNOUNCEMENTS (and Update from Blue Ridge Health Department) RECOGNITIONS/PROCLAMATIONS • Proclamation: Domestic Violence Awareness Month BOARDS/COMMISSION APPOINTMENTS CONSENT AGENDA* 1. Resolution: Appropriating VDOT funds for VDOT Highway Safety Improvement (HSIP) Grant for Washington Park to Madison Avenue Trail - $88,350 (2nd reading) 2. Resolution: Appropriating funds for Virginia Department of Social Services (V.D.S.S.) Temporary Aid to Needy Families (TANF) Grants - $257,479.76 (2nd reading) 3. Ordinance: Amending and reenacting the Transient Occupancy Tax of the Code of the City of Charlottesville (1990), to conform the City’s process for collection and reporting of Transient Occupancy Tax with Changes in State Enabling Legislation (2nd reading) 4. Ordinance: Amending and reenacting the Meals Tax to Clarify that Meals Tax Reports are Due from the Sellers to the City Every Month (2nd reading) 5. Resolution: Considering an off-cycle budget request from the BUCK Squad - $50,000 (2nd reading) 6. Resolution: Appropriating funds for the Charlottesville Victim Witness Assistance Grant - $257,024 (1st of 2 readings) 7. Resolution: Appropriating funding award for the Supplemental Nutrition Assistance Program Employment and Training (SNAP E&T) - $112,708 (1st of 2 readings) Page 1 of 170 8. Resolution: Approving CitySpace as Central Absentee Precinct for the November 2, 2021 General Election (may be enacted on 1 reading with four-fifths vote) 9. Resolution: Approving the appointment of an ADA (Americans with Disabilities Act) Coordinator (1 reading) 10. Resolution: Ratifying the employment contract for the Clerk of Council and amending the contract to provide 120 days' advance notice of termination (1 reading) 11. Ordinance: To approve the formation of a joint entity known as the Blue Ridge Cigarette Tax Board et seq. (1 reading) CITY MANAGER RESPONSE TO COMMUNITY MATTERS and to COUNCILORS COMMUNITY MATTERS Public comment for up to 16 speakers (limit 3 minutes per speaker). Preregistration available for first 8 spaces; speakers announced by Noon on meeting day (9:00 a.m. sign-up deadline). Additional public comment at end of meeting. Public comment will be conducted through electronic participation while City Hall is closed to the public. Participants can register in advance at www.charlottesville.gov/zoom. ACTION ITEMS 12. Public Approving a long-term lease of a portion of McIntire Park to the Botanical Hearing/Res.: Garden of the Piedmont (Public hearing and 2nd reading) 13. Ordinance*: Continuity of Governance Ordinance (may be enacted on 1 reading with 4/5 vote) 14. Report: Approving the Charlottesville City School Board to proceed with a design concept process for a School Reconfiguration Project GENERAL BUSINESS 15. Report: Albemarle Charlottesville Regional Jail Authority update 16. Discussion: Police Chief termination 17. Discussion: Police Civilian Review Board Chair OTHER BUSINESS MATTERS BY THE PUBLIC *Action Needed Page 2 of 170 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: September 20, 2021 Action Required: Appropriation Presenter: Chris Gensic, Parks and Recreation Staff Contacts: Chris Gensic, Parks and Recreation Krisy Hammill, Office of Budget and Performance Management Title: VDOT HSIP grant – Madison Avenue Washington Park Bike Ramp - $88,350 Background: The City of Charlottesville, through Parks and Recreation, has received an award from the Virginia Department of Transportation (VDOT) in the amount of $88,350 to assist with efforts to construct a bicycle and pedestrian trail connector from Madison Avenue to Preston Avenue adjacent to Washington Park. The grant requires a local match of $13,450 which is to be appropriated from the Trails CIP fund. The award of $74,900 will be appropriated into a new CIP account Discussion: There is currently a staircase at the end of Madison Avenue that provides pedestrian access into lower Washington Park. The City is interested in improving this access to also provide for ADA, bicycle, and strollers as well as pedestrians. Community Engagement: The bicycle, pedestrian and trail master plan was developed with multiple public meetings and was approved by council to be an addendum to the City Comprehensive Plan. Alignment with City Council’s Vision and Strategic Plan: Construction of this trail will further council goals of being a Connected City by establishing a portion of the bicycle and pedestrian trail system that enhances our residential neighborhoods. Page 3 of 170 Budgetary Impact: If these grants funds are appropriated, the match will be taken from the annual Trail CIP account. Recommendation: Staff recommends appropriation of grant funds. Alternatives: If grants funds are not appropriated, the project will have to be funded entirely with local dollars. Attachments: Appropriation Resolution Page 4 of 170 RESOLUTION APPROPRIATING FUNDS for VDOT Highway Safety Improvement (HSIP) Grant for Washington Park to Madison Avenue Trail - $88,350 WHEREAS, the City of Charlottesville, through Parks and Recreation, has been awarded $74,900 from the Virginia Department of Transportation to construct a bicycle and pedestrian ramp to connect Madison Avenue; and at Washington Park NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $88,350 is hereby appropriated in the following manner: Revenue $74,900 Fund: 426 WBS: P-01052 G/L Account: 430120 Expenditures $74,900 Fund: 426 WBS: P-01052 G/L Account: 599999 Transfer From $13,450 Fund: 426 WBS: PR-001 G/L Account: 599999 Transfer To $13,450 Fund 426 WBS: P-01052 G/L Account: 599999 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $74,900 from the Virginia Department of Transportation. Page 5 of 170 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: September 20, 2021 Action Required: Appropriation of Grant Funds Presenter: Chris Engel, Director of Economic Development Staff Contacts: Chris Engel, Director of Economic Development Title: Virginia Department of Social Services (V.D.S.S.) Temporary Aid to Needy Families (T.A.N.F.) Grants – $257,479.76 Background: For the past three years, the City of Charlottesville, through the Office of Economic Development (OED), has been receiving matching grants from the Virginia Department of Social Services (VDSS) in order to provide workforce development training and supportive services to individuals residing in the City of Charlottesville living at or below 200% poverty. These grants include: 1. VDSS Employment for TANF Participants Grant (BEN-17-056) – a $50,000 grant awarded in 2017 for Growing Opportunities (GO) workforce development training programs and supportive services, 2. VDSS Employment for TANF Participants Grant (BEN-19-024) – a $33,800 grant awarded in 2021 to support a 40 hour long-term temporary position in the Downtown Job Center to help staff all GO workforce training programs, and 3. VDSS Employment Advancement for TANF Participants Grant (BEN-19-113) – a $173,679.76 grant awarded in 2021 for additional GO workforce development training programs including minority business/entrepreneurship training programs and supportive services. VDSS has agreed to renew all three grants for the new fiscal year (July 1, 2021 to June 30, 2022) in the following amounts: 1. V.D.S.S. Employment for T.A.N.F. Participants Grant (4th Renewal) –$50,000 2. V.D.S.S. Employment for T.A.N.F. Participants Grant (3rd Renewal) – $33,800 3. V.D.S.S. Employment Advancement for T.A.N.F. Participants Grant (3rd Renewal) – $173,679.76 The first two V.D.S.S Employment for T.A.N.F. Participants grants listed above (BEN-17-056 and BEN-19-024) require a 15 percent match of local dollars. The OED has historically matched these grants from the Workforce Investment Fund (P-00385). The third V.D.S.S Employment Advancement for T.A.N.F. Participants grant (BEN-19-113) does not require a match. The OED will once again match the grants from the Workforce Investment Fund – $7,500 for BEN-17-056 and $5,070 for BEN-19-024. Funding will be used for the same purposes stated in the original grant Page 6 of 170 proposals. Discussion: In July 2013, the City’s Strategic Action Team on Workforce Development (SAT) issued a report to City Council entitled, Growing Opportunity: A Path to Self-Sufficiency. The report, which was subsequently endorsed by Council, examines the barriers to employment for low-income City residents and makes recommendations on how to address these barriers. One of the recommendations is to “work to ensure that training programs align with the needs of new and existing businesses.” In an effort to make progress towards this recommendation, the OED has been actively engaged in developing jobs-driven workforce development training programs in partnership with local employers. Thirty three GO programs have been administered since 2014. The flagship program, GO Driver, has been conducted eleven times and trains City residents to get their Class B Commercial Driver’s License and become Relief Transit Bus Operators with Charlottesville Area Transit (CAT) and/or Pupil Transportation at a rate of $16.53 per hour. GO Cook, which trains individuals in the culinary arts and prepares them for careers in local food and hospitality establishments has also been run seven times, resulting in almost 40 individuals being placed into employment. In addition to technical training, GO programs also include assistance with supportive services such as rental assistance, car repair, exam fees, etc. These costs, which average about $300 per participant, are also included as part of the programming. Additionally, the City recently launched the Minority Business Program, which is designed to promote the startup of minority- and woman-owned businesses in the City and the growth and expansion of existing City minority- and woman-owned business. The OED sees business creation and retention as a potential means to self-sufficiency either through full-time business ownership or supplemental income. In FY 2020, the grant funding was used for two iterations of GO Start-Up, which teaches individuals how to start up their own business and provides seed money for essential business creation purposes (e.g., business license fees, websites, business cards, logos, inventory, equipment, etc.). Fifteen individuals participated in the two programs, resulting in 15 new businesses in the Charlottesville community. Alignment with Council Vision Areas and Strategic Plan: This effort supports City Council’s “Economic Sustainability” vision and aligns directly with the SAT’s Growing Opportunity report that was approved by City Council in 2013. It also contributes to the following goals and objectives in the City’s Strategic Plan: Goal 4: A Strong, Creative and Diversified Economy • Objective 4.1: Develop a quality workforce Goal 1: An Inclusive Community of Self-sufficient Residents • Objective 1.2: Prepare residents for the workforce It aligns with Chapter 3 on Economic Sustainability in the Comprehensive Plan, and more specifically Goal 6, which focuses on workforce development and being an effective partner in creating a well‐prepared and successful workforce. Page 7 of 170 Community Engagement: Like practically all of the City’s workforce development efforts, its employment training programs are supported by numerous community agencies and organizations. Examples include: Albemarle County, Piedmont Virginia Community College, Virginia Career Works, and employer partners. Similarly, on the business development side, partners include the Chamber Business Diversity Council, the Community Investment Collaborative, the Central Virginia Small Business Development Center, and private sector organizations. None of the work that is currently being done could be possible without this strong community engagement. Budgetary Impact: There is no impact to the general Fund. All funds will be budgeted and expensed in the Grants Fund. The required match for all of the grants totals $12,570 and will come from previously appropriated Capital Improvement Program funds in the Workforce Investment Fund account. Recommendation: Staff recommends approval and appropriation of grant funds. Alternatives: If grant funds are not appropriated, more local dollars will have to be used for training or fewer low- income, underemployed City residents will be able to be trained. Attachments: • Resolution • VDSS BEN-17-056 Subaward Agreement • VDSS BEN-19-024 Subaward Agreement • VDSS BEN-19-113 Subaward Agreement Page 8 of 170 RESOLUTION Appropriating funds for Virginia Department of Social Services (V.D.S.S.) Temporary Aid to Needy Families (T.A.N.F.) Grants $257,479.76 WHEREAS, the City of Charlottesville has received a fourth renewal of grant funds from the Virginia Department of Social Services in the amount of $50,000 requiring a $7,500 local in-kind match provided by the Office of Economic Development through the Workforce Investment Fund; and WHEREAS, the City of Charlottesville has received a third renewal of grant funds from the Virginia Department of Social Services in the amount of $33,800 requiring a $5,070 local in- kind match provided by the Office of Economic Development through the Workforce Investment Fund; and WHEREAS, the City of Charlottesville has received a third renewal of grant funds from the Virginia Department of Social Services in the amount of $173,679.76; and WHEREAS, the funds will be used to support workforce and business development training programs, supportive services, and staffing provided by the Office of Economic Development; and WHEREAS, the grant award covers the period from July 1, 2021 and June 30, 2022; NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $257.479.76 is hereby appropriated in the following manner: Revenue – $57,500 $50,000 Fund: 209 IO: 1900426 G/L: 430120 State/Fed pass thru $7,500 Fund: 209 IO: 1900426 G/L: 498010 Expenditures – $57,500 $57,500 Fund: 209 IO: 1900426 G/L: 599999 Lump Sum Transfer – $7,500 $7,500 Fund: 425 WBS P-00385 G/L: 561209 Transfer to State Grants Fund Revenue – $38,870 $33,800 Fund: 209 Cost Center: 1621003000 G/L: 430120 State/Fed pass thru $5,070 Fund: 209 Cost Center: 1621003000 G/L: 498010 Expenditures – $38,870 $38,870 Fund: 209 Cost Center: 1621003000 G/L: 599999 Lump Sum Transfer – $5,070 $5,070 Fund: 425 WBS: P-00385 G/L: 561209 Transfer to State Grants Page 9 of 170 Revenue – $173,679.76 $173,679.76 Fund: 209 IO: 1900425 G/L: 430120 State/Fed pass thru Expenditures - $173,679.76 $173,679.76 Fund: 209 IO: 1900425 G/L: 599999 Lump Sum BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $257,479.76 from the Virginia Department of Social Services. Page 10 of 170 COMMONWEALTH OF VIRGINIA DEPARTMENT OF SOCIAL SERVICES SUB-AWARD AGREEMENT RENEWAL with MODIFICATION Date: April 12, 2021 Sub-Award Agreement No. BEN-17-056-01 Renewal No: 4 Modification No.: 2 Issued by: Commonwealth of Virginia Department of Social Services Division of General Services, Procurement 801 East Main Street, 14th Floor Richmond, Virginia 23219-2901 On Behalf Of VDSS Division: Benefit Programs Subgrantee/Subrecipient: City of Charlottesville Office of Economic Development Project: Employment for TANF Participants This Renewal and Supplemental Agreement Modification is entered into pursuant to the provisions of the basic Agreement. SUB-AWARD RENEWAL In accordance with Section VIII, Administrative Requirements; Paragraph A, Amendments, the Commonwealth of Virginia, Department of Social Services (VDSS) wishes to exercise its option to renew the above referenced agreement for an additional stipulated period. The period of renewal will be from July 1, 2021 through June 30, 2022. All renewals must be fully executed by both parties prior to the expiration date of the current agreement. The effective date of this renewal and the period of performance start date shall be no sooner than the date on which the last signature is obtained on this document. The total dollar amount of the obligation by the VDSS for reimbursement of actual expenses shall not exceed $50,000.00 for this renewal period. MODIFICATION Description of Modification: 1. Reference Attachment F – Budget: Replace the budget dated July 1, 2020 through June 30, 2021 with the revised budget Attachment F for the period of July 1, 2021 through June 30, 2022. 2. Reference Attachment D– Overview of Activities/Outcomes: Replace Attachment D with the revised Attachment D – Overview of Activities /Outcomes for the period of July 1, 2021 through June 30, 2022. 3. Reference RFA – Section VII – Reporting Requirements, letter D and E, is hereby added as follows: D. Informational Purposes: Contracted service providers are highly encouraged to join Unite Virginia, a statewide coordinated care network of health and social service providers. Partners in the network send and receive closed-loop, secure, electronic referrals across multiple sectors and organizations through the shared Unite Us platform. The platform enables providers to track every person’s total health journey and report on tangible outcomes. Access to the platform is free until June 10, 2022. Unite Us is the vendor selected by the state to power the Unite Virginia network and is partnering with the Office of the Virginia Secretary of Health and Human Resources, Virginia Department of Social Services, the Virginia Department of Health, Optima Health, Kaiser Permanente, the Virginia Mental Health Access Program, Partnering for a Healthy Virginia, and Virginia Hospital & Healthcare Association, among others. The platform is available at no cost to nonprofits and many organizations that are part of the safety net, like Page 1 of 4 Renewal # 4 and Modification # 2 To Contracts BEN-17-056-01 Rev1 01.08.2021 Page 11 of 170 E. Virginia Longitudinal (VLDS): Submit to VDSS within 10 business days following the end of each calendar quarter, data on subrecipients receiving services during the quarter. VDSS will use this data to evaluate contract performance and to conduct research on outcomes for subrecipients of services. Subrecipients whose data are collected must be informed that their data will be protected as required by state and federal law, and that services will not be withheld if they refuse to disclose this information. VDSS will provide the vendor a formatted Excel file for submitting data, and instructions on how to submit the data securely to VDSS. The following data are required for each subrecipient, including a) First name b) Middle name c) Last name d) Date of Birth e) Social Security Number f) Gender g) Race h) Home address (if available - street, city, state, zip code) i) Email (if available) j) Phone (if available k) Service provided (i.e. Parenting education, Non-court referred mediation, or Supervised parenting time) l) Date of service m) Location of service n) Case Number – if applicable 4. Reference RFA – Section IX - General Conditions, Letters C and O, is hereby changed to read: C. ANTI-DISCRIMINATION: By submitting their applications, applicants certify to the Commonwealth that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians With Disabilities Act, the Americans With Disabilities Act and § 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender sexual orientation, gender identity, or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia, § 2.2-4343.1E). In every contract over $10,000 the provisions in 1. and 2. below apply: 1. During the performance of this contract, the subrecipient agrees as follows: a. The subrecipient will not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the subrecipient. The subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b. The subrecipient, in all solicitations or advertisements for employees placed by or on behalf of the subrecipient, will state that such subrecipient is an equal opportunity employer. c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. d. If the subrecipient employs more than five employees, the subrecipient shall (i) provide annual training on the subrecipient's sexual harassment policy to all supervisors and employees providing services in the Commonwealth, except such supervisors or employees that are required to complete sexual harassment training provided by the Department of Human Resource Management, and (ii) post the subrecipient's sexual harassment policy in (a) a conspicuous public place in each building located Page 2 of 4 Renewal # 4 and Modification # 2 To Contracts BEN-17-056-01 Rev1 01.08.2021 Page 12 of 170 in the Commonwealth that the subrecipient owns or leases for business purposes and (b) the subrecipient's employee handbook. e. The requirements of these provisions 1. and 2. are a material part of the contract. If the subrecipient violates one of these provisions, the Commonwealth may terminate the affected part of this contract for breach, or at its option, the whole contract. Violation of one of these provisions may also result in debarment from State contracting regardless of whether the specific contract is terminated. f. In accordance with Executive Order 61 (2017), a prohibition on discrimination by the subrecipient, in its employment practices, subcontracting practices, and delivery of goods or services, on the basis of race, sex, color, national origin, religion, sexual orientation, gender identity, age, political affiliation, disability, or veteran status, is hereby incorporated in this contract. 2. The subrecipient will include the provisions of 1. above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor. Faith-based organizations may request an exemption from subparagraph 1.f. above prior to the close date and time for receipt of applications. Such a request should be in writing and explain how subparagraph 1.f. us or moral convictions or polies. The request should be sent to the Contract Officer for the solicitation. For the purposes of this provision, a “faith-based organization” is (1) an entity organized for purposes of engaging a in religious practice or (2) a charitable or education organization affiliated with such an entity. O. NONDISCRIMINATION OF SUBRECIPIENTS: An Applicant or subrecipient shall not be discriminated against in the solicitation or award of this contract because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, disability, faith-based organizational status, any other basis prohibited by state law relating to discrimination in employment or because the applicant or subrecipient employs ex-offenders unless the state agency, department or institution has made a written determination that employing ex-offenders on the specific contract is not in its best interest. If the award of this contract is made to a faith-based organization and an individual, who applies for or receives goods, services, or disbursements provided pursuant to this contract objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, the public body shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider. 5. Reference RFA – Section IX - General Conditions, Letter Z: is hereby added as follows: Z. SECURTIY AND TRANSFER OF DATA: The following terms and conditions relate to the protection, sharing, and inspection of information. VDSS and its agents reserve the right to conduct any test/inspection it may deem advisable to assure goods and services conform to the specifications. a. All sensitive information shall be communicated through a secure messaging portal, encrypted email or some other means approved by Commonwealth Security and VDSS/ISRM. Attachments must be encrypted with a password or some other method enforcing encryption by Commonwealth Security and VDSS/ISRM (Information Security/Risk Management). b. Google Chrome is to be used as the method to communicate client specific data from VDSS to the sub- grantee. c. An encryption method for WORD documents must be used to encrypt all client level data that is sent from the sub-grantee and VDSS; the encryption level must be at SHAS-2 or higher with a minimum of 256-bit encryption. d. No less than annually VDSS will change the password associated with the subaward and provide this password to the sub-grantee. Page 3 of 4 Renewal # 4 and Modification # 2 To Contracts BEN-17-056-01 Rev1 01.08.2021 Page 13 of 170 Page 14 of 170 Page 15 of 170 Page 16 of 170 Page 17 of 170 Page 18 of 170 Page 19 of 170 Page 20 of 170 Page 21 of 170 Page 22 of 170 Page 23 of 170 Page 24 of 170 Page 25 of 170 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: September 20, 2021 Action Required: Approval of Amended Transient Occupancy Tax Ordinance Presenter: Todd Divers, Commissioner of the Revenue Staff Contacts: Todd Divers, Commissioner of the Revenue Title: ORDINANCE TO AMEND AND REENACT ARTICLE IX OF CHAPTER 30 (TRANSIENT OCCUPANCY TAX) OF THE CODE OF THE CITY OF CHARLOTTESVILLE (1990) Background: Chapter 30, Article IX of the Charlottesville City Code, containing the City’s transient occupancy tax provisions, requires changes to align the ordinance with changes in legislation adopted by the 2021 General Assembly. In addition, the amendment clarifies the language related to reporting requirements in the event that no tax is due. Discussion: The proposed ordinance amendments, consistent with the changes enacted by the 2021 General Assembly, will require transient occupancy tax to be based on the total charge to the customer, including accommodation fees charged to the customer by online travel companies. Prior to this update, transient occupancy tax was calculated based on the charge for the room collected by the lodging establishment. The impetus for the change reflects a desire on the part of the General Assembly that the Commonwealth not allow online travel companies to avoid collecting and paying transient occupancy tax and retail sales and use tax on the accommodation fees charged to customers for the rental of rooms. These amendments will remedy that issue by requiring the assessment of the tax on the total room charge paid by the consumer. Further, consistent with the changes enacted by the 2021 General Assembly, the proposed amendments specify the instances under which the tax is to be remitted by a lodging establishment itself or by a third-party intermediary, including online short-term rental agencies. We anticipate this requirement will pose significant administrative challenges because the online entities have declared their intention to withhold documentation that would substantiate such remittances. Despite this, third party intermediaries will be required to submit a report with their remittances sufficient to identify the lodging charges and tax owed by each individual property, including addresses and owners. Lodging providers will be required to submit a monthly return regardless of whether a third party intermediary will be remitting the tax on their behalf. Finally, the proposed amendments strengthen the language requiring that a lodging tax return be submitted to the Commissioner of the Revenue each month regardless of whether tax is due or not. Page 26 of 170 This is already our longstanding practice, but we believe that extra specificity is warranted. Requiring a zero return in such instances aligns with the Department of Taxation’s practices with respect to sales tax reporting, and is necessary in order to efficiently distinguish between delinquent taxpayers and those who legitimately had no sales to report. Alignment with City Council’s Vision and Strategic Plan: n/a Budgetary Impact: These changes will likely result in a positive impact on revenues as, 1) transient occupancy tax will now be based on the total charge paid by the customer and not just on the cost of the room rental paid to the lodging facility, and 2) online short-term lodging purveyors will now be required to remit taxes on all stays of less than thirty days not only on the room rental but on the premium that they charge for facilitating the stay. However, without knowing the amount of additional fees and charges not previously included in the gross revenues for tax calculation, and without knowing the amount of short term rental tax revenue not currently being reported, the exact amount is difficult to calculate. At this time, we do not believe the impact will be significant. The administrative changes will have no impact on revenues, though there may be some administrative burden in compelling compliance with the reporting requirements for online lodging intermediaries. Recommendation: Approval the ordinance amendments. Alternatives: n/a Attachments: Ordinance to Amend and Reenact Chapter 30 (Taxation), Article IX (Transient Occupancy Tax) of the Code of the City of Charlottesville (1990), as Amended, to Conform the City’s Process for Collection and Reporting of Transient Occupancy Tax with Changes in State Enabling Legislation Page 27 of 170 AN ORDINANCE TO AMEND AND REENACT CHAPTER 30 (TAXATION), ARTICLE IX. (TRANSIENT OCCUPANCY TAX) OF THE CODE OF THE CITY OF CHARLOTTESVILLE (1990) AS AMENDED, TO CONFORM THE CITY’S PROCESS FOR COLLECTION AND REPORTING OF TRANSIENT OCCUPANCY TAX WITH CHANGES IN STATE ENABLING LEGISLATION BE IT ORDAINED by the Council of the City of Charlottesville that the provisions of Chapter 30 (Taxation), Article IX (Transient Occupancy Tax) are hereby amended and re-ordained as follows: Sec. 30-251. - Violations of article. Any person violating or failing to comply with any of the provisions of this article shall be guilty of a Class 3 misdemeanor. Conviction of such violation shall not relieve any person from the payment, collection or remittance of the tax provided for in this article. Cross reference— Penalty for Class 3 misdemeanor, § 1-11. Sec. 30-252. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Hotel Accommodation means any public or private hotel, inn, hostelry, short-term rentaltourist home or house, motel or rooming, boarding or lodging house within the city offering lodging as defined in this section, for compensation, to any transient as defined in this section. Hotel means any structure or group of structures for rent or for hire that is primarily kept, used, maintained, advertised, or held out to the public as a place where sleeping accommodations are offered to tTransients in return for compensation. Lodging means the rental of room or space to any transient for compensation, by in an hotel Accommodation as defined in this section, by a Lodging Provider or Lodging Intermediary, or the occupancy of such room or space by such transient. If the charge for the Accommodation made by any hotel person to such transient includes any charge for meals, parking or other services or accommodations not related to the occupancy of the room in addition to lodging or the use of such room or space, then such portion of such total charge as represents only room or space rental shall be distinctly set out and billed to such transient by such hotel person as a separate item. Lodging Fee means the room charge less the discount room charge, if any, provided that the lodging fee shall not be less than zero dollars ($0). Lodging Intermediary means any person other than a lodging provider that facilitates the sale of an accommodation, charges a room charge to the customer, and charges a lodging fee to the customer, which fee it retains as compensation for facilitating the sale. For purposes of this definition, "facilitates the sale" includes brokering, coordinating, or in any other way arranging for the purchase of the right to use accommodations via a transaction directly, including via one or more payment processors, between a customer and a lodging provider. Page 28 of 170 Lodging Provider means any person that furnishes accommodations to the general public for compensation. The term "furnishes" includes the sale of use or possession or the sale of the right to use or possess. Short-Term Rental means any building, structure, or unit, on the same tax parcel, sharing the same mailing address, that is used, or is intended to be used, as a residence or home for one (1) or more persons available for rent or for hire to Transients. Transient means any person who, for a period of not morefewer than thirty (30) consecutive days, either at his own expense or at the expense of another, obtains lodging Lodging for which a charge is made at a hoteln Accommodation, as defined in this section. Cross reference— Definitions and rules of construction generally, § 1-2. Sec. 30-253. - Levied. There is hereby imposed and levied upon every transient Transient obtaining or occupying Llodging within the city, in addition to all other taxes and fees of every kind now imposed by law, a tax equivalent to eight (8) percent of the total price paid for the Lodging by the Transient, or on the Transient’s behalf. amount charged for such lodging. State Law reference— Authority of city to impose tax on transient room rentals, Code of Virginia, § 58.1-38403819. Sec. 30-254. - Exemptions. No tax shall be payable under this article on any charge for lodging Lodging in, and during care or treatment in, any hospital, medical clinic, nursing or convalescent home, extended health care facility, sanatorium or sanitorium, home for the aged, infirmed, orphaned, disabled, or mentally retarded or other like facility; or in any educational institution. Sec. 30-255. - Collection. Every person receiving any payment for lodging with respect to which a tax is levied under this article shall collect the amount of such tax so imposed from the transient on whom such tax is levied, or from the person paying for such lodging at the time payment for such lodging is made. The taxes so collected shall be deemed to be held in trust for the city by the person required to collect them, until they have been remitted to the city as provided in this article. For any Lodging not facilitated by a Lodging Intermediary, the Lodging Provider shall collect the tax levied pursuant to this Article from the Transient, or from the person paying for the Lodging, at the time that payment for the Lodging is made. For any Lodging facilitated by a Lodging Intermediary, the Lodging Intermediary shall be deemed to have made the sale of the Lodging and is responsible for collecting the tax levied for the Lodging from the Transient or the person paying for the Lodging, at the time that payment for the Lodging is made. When the Lodging occurs at a hotel, the Lodging Intermediary shall remit the taxes on the lodging fee to the city and remit the remainder, if any, to the hotel, Page 29 of 170 which shall directly remit said remaining tax to the city. When the Lodging occurs at a Short- Term Rental, as defined in this Article, or any other Accommodation that is not a hotel, the Lodging Intermediary is responsible for remitting the full amount of tax to the city. The taxes collected by any person shall be deemed to be held in trust for the city by the person required to collect them, until they have been remitted to the city as provided in this article. State Law reference— Scope of Transient Tax, Code of Virginia, § 58.1-3826. Sec. 30-256. - Reports and remittances generally. Every person collecting any tax levied by this article shall make out a report thereof, upon such forms and setting forth such information as the Ccommissioner of revenue may prescribe and require, showing the amount of lodging charges collected and the amount of tax required to be collected thereon, and shall sign and deliver the same to the Ccommissioner together with a remittance of such tax, made payable to the city Ttreasurer. If a person, including an AccomodationLodging Intermediary is collecting taxes from, or on behalf of, multiple Accommodations, the report shall also be sufficient to identify the lodging charges and tax owed byon Lodging at each individual propertyAccommodation, including the Accommodation’s address and, in cases where a Lodging Intermediary is responsible for collecting and remitting the taxes, information sufficient to identify the Lodging Provider connected to the Accommodation. Such reports and remittances shall be made on or before the 20th of each month, covering the amount of tax collected during the preceding month. Lodging Providers shall be required to file monthly reports with the Ccommissioner even in the event no tax is due and regardless of whether they collected the tax or if it was done on their behalf by a Lodging Intermediary. All remittances received under this article by the commissioner Commissioner shall be promptly turned over to the treasurerTreasurer. Editor's note— It should be noted that the provisions of an ordinance adopted April 10, 2012 become effective January 1, 2013. Sec. 30-257. - Collector's records. It shall be the duty of every person Lodging Provider or Lodging Intermediary liable for taxes under this Article or for the collection and remittance of any tax imposed by this article, to keep and preserve for the current year and a period of the two three (23) prior years such suitable records as may be necessary to determine the amounts of charges paid for lodging, and tax thereon as for which he that Lodging Provider or Lodging Intermediary may have been responsible for collecting and paying to the city. Lodging Providers who have the taxes owed on their Accommodation collected by a third party such as a Lodging Intermediary are also Page 30 of 170 obligated to keep records under this section on the amounts that were collected on their behalf by said third party. All records kept under this section should be sufficient to identify each individual Accommodation from which the lodging charges were collected, and the tax owed for Transient stays at that Accommodation, including the Accommodation’s address and, where taxes were collected and remitted by a Lodging Intermediary, identifying the Lodging Provider connected with the Accommodation on whose behalf the taxes were collected. The commissioner Commissioner of revenue Revenue shall have the right to inspect all such records at any reasonable time. Sec. 30-258. - Duty of collector going out of business. Whenever any person required to collect and remit to the city any tax imposed by this article shall cease to operate or otherwise dispose of his business, such tax shall immediately become due and payable, and such person shall forthwith make a report and remittance thereof. Sec. 30-259. - Penalty for late remittance. If any person, whose duty it is to do so, shall fail or refuse to make a report and remit the tax as required by this article within the time and in the amount required, there shall be added to such tax by the cCommissioner of Rrevenue a penalty in the amount of five (5) percent of such tax, or a minimum of two dollars ($2.00), if such failure is for not more than thirty (30) days in duration. Sec. 30-260. - Procedure upon failure to collect, report, etc. (a) If any person, whose duty it is to do so, shall fail or refuse to collect the tax imposed under this article and make timely report and remittance thereof, the Ccommissioner of Rrevenue shall proceed in such manner as is practicable to obtain facts and information on which to base an estimate of the tax due. As soon as the Ccommissioner has procured such facts and information as may be obtainable, upon which to base the assessment of any tax payable by any person who has failed to collect, report or remit such tax, the Ccommissioner shall proceed to determine and assess against such person the tax, penalty and interest provided in this article, and shall notify such person by certified or registered mail sent to his their last known address, of the amount of such tax, penalty and interest, and the total amount thereof shall be payable within ten (10) days from the date such notice is sent. (b) It shall be the duty of the Ccommissioner of Rrevenue to ascertain the name of every person operating an AccommodationhotelLodging Provider and Lodging Intermediary providing Lodging in the city, liable for the collection of the tax imposed by this article, who fails, refuses or neglects to collect such tax or to make the reports and remittances required by this article. The Ccommissioner may have issued a summons for such person, which summons may be served upon such person by any city police officer in the manner provided by law, and one (1) return of the original thereof shall be made to the general district court for the city. Sec. 30-261. - Reserved. Editor's note— An ordinance adopted Nov. 15, 2004, § 6, repealed § 30-261, which pertained to application of correction. See also the Code Comparative Table. Page 31 of 170 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: September 20, 2021 Action Required: Approval of Amended Meals Tax Ordinance Presenter: Todd Divers, Commissioner of the Revenue Staff Contacts: Todd Divers, Commissioner of the Revenue Title: ORDINANCE TO AMEND AND REENACT ARTICLE X OF CHAPTER 30 (MEALS TAX) OF THE CODE OF THE CITY OF CHARLOTTESVILLE (1990) Background: Chapter 30, Article 287 of the Charlottesville City Code, containing the City’s meals tax provisions, requires a change to clarify the language related to reporting requirements in the event that no tax is due. Discussion: The proposed amendment strengthens the language requiring that a meals tax return be submitted to the Commissioner of the Revenue each month regardless of whether tax is due or not. This is already our longstanding practice, but we believe that extra specificity is warranted. Requiring a zero return in such instances aligns with the Department of Taxation’s practices with respect to sales tax reporting and is necessary in order to efficiently distinguish between delinquent taxpayers and those who legitimately had no sales to report. This change also aligns with a similar amendment proposed for the transient occupancy tax ordinance. Alignment with City Council’s Vision and Strategic Plan: n/a Budgetary Impact: This change will have no impact on revenue. Recommendation: Approval the ordinance amendments. Alternatives: n/a Attachments: Ordinance to Amend and Reenact Chapter 30 (Taxation), Article X (Meals Tax) of the Code of the City of Charlottesville (1990), as Amended, to Clarify that Meals Tax Reports are Due from the Sellers to the City Every Month Page 32 of 170 ORDINANCE TO AMEND AND REENACT CHAPTER 30 (TAXATION), ARTICLE X. (MEALS TAX) OF THE CODE OF THE CITY OF CHARLOTTESVILLE (1990), AS AMENDED, TO CLARIFY THAT MEALS TAX REPORTS ARE DUE FROM SELLERS TO THE CITY EVERY MONTH BE IT ORDAINED by the Council of the City of Charlottesville, Virginia, that the provisions of Chapter 30, Article X, Section 30-287 are hereby amended and reenacted, as follows: Sec. 30-287. - Registration of sellers; reports and remittances generally. The commissioner of revenue may require all prospective sellers of meals licensed to do business in the city to register for collection of the tax imposed by this article. Every seller shall make a report for each calendar month, showing the amount of charges collected for meals and the amount of tax required to be collected. The monthly reports shall be made on forms prescribed by the commissioner and shall be signed by the seller. They shall be delivered to the commissioner on or before the 20th of the calendar month following the month being reported. Each report shall be accompanied by a remittance of the amount of tax due, made payable to the city treasurer. A report shall be filed every month, even in cases where no tax is due. The commissioner shall promptly transmit all taxes received to the city treasurer. Page 33 of 170 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: September 20, 2021 Action Required: First Reading of Resolution to Appropriate Funds Presenter: Chip Boyles, City Manager Staff Contacts: Chip Boyles, City Manager Title: Proposed Charitable Donation to Support Community Civilian Policing Background and Discussion: On September 8, 2021 Brothers United to Cease the Killing (BUCK) Squad, submitted a request to the City for support to their effotts to reduce the cycle of gun related crimes by implementing a community policing program that will provide assistance of crisis management in "conflict mediation, mentorship, and economic development" through proactive civilian patrols within predominately black communities with low-income households, in high crime areas. On Febmmy 16, 2021 Council made a $20,480.00 donation to "Guns Down, Inc.", a charitable corporation that holds IRS 401 (c)(3) tax exempt status. At that time the BUCK Squad had not yet fully organized as a charitable organization within the Commonwealth of Virginia. The materials submitted by the BUCK Squad for the current request document that they now have an organizational status. Staff believes that the attached documentation demonstrates that the BUCK Squad is eligible to receive funding directly from City Council pursuant to Va. Code 15.2-953(A), because it appears to be a charitable institution providing services to residents of the City of Charlottesville. The BUCK Squad is registered with the US IRS with a federal EIN registration number and registered with the Virginia State Corporation Commission as of April 15, 2021 including the Virginia Depattment of Agriculture and Consumer Services for solicitation of funds to Five or Fewer Contiguous Cities and Counties. Alignment with City Council's Vision and Strategic Plan: The services and projects proposed to be funded contributes to Goal 1 of the Strategic Plan, to be an inclusive community of self-sufficient residents through intentionally addressing issues of race of equity; Goal 2 to be a healthy and safe City through reducing adverse impact from sudden injmy and illness; meeting safety needs of victims and reducing the risk of re-occurrence / re-victimization; improving community health and safety outcomes by connecting residents with effective resources; and reducing the occurrence of crime, traffic violations and accidents in the community; and Goal 5 to be a well-managed and responsive organization through fostering effective community Page 34 of 170 engagement. Community Engagement: The BUCK Squad has unofficially been operating in the Charlottesville Community since late 2020 and adopted its official bylaws on April 15, 2021. Numerous news articles and community discussions have occurred bringing public engagement to The BUCK Squad. This funding consideration is being conducted during a public meeting of Council open to public input. Budgetary Impact: Should City Council vote to make this a charitable donation, the donation will come from the funds which have been appropriated to Council's budget department line item for Strategic Initiatives. The current balance that is available in this fund is $222,507.00 Recommendation: Should City Council desire to make this a charitable donation, the recommendation is that the donation be made to The BUCK Squad. Alternatives: City Council may elect not to appropriate funding for these purposes at this time. Attachments: Resolution for the Appropriation of funds. Page 35 of 170 RESOLUTION ALLOCATING CITY COUNCIL STRATEGIC INITIATIVES FUNDINGTO SUPPORT A "COMMUNITY CIVILIAN POLICING" PROGRAM PROVIDED TO CITY RESIDENTS BY THE BUCK SQUAD, A CHARITABLE ORGANIZATION BE IT RESOLVED by the City Council of the City of Charlottesville, Virginia, pursuant to authority set forth within Virginia Code § 15.2-953, THAT a charitable donation is hereby approved to be made to The Brothers United to Cease the Killing (BUCK) Squad, a charitable institution or organization that provides services to residents of the City of Charlottesville, in the amount of $50,000.00, said donation of funds to be used exclusively for and in support of the Community Civilian Policing" services to be provided by The BUCK Squad for residents of the City of Charlottesville to reduce the cycle of gun related crimes by implementing a program that will provide assistance of crisis management in conflict mediation, mentorship, and economic development through proactive civilian patrols within the City of Charlottesville. BE IT FURTHER RESOLVED that the aforesaid amount shall be paid to The BUCK Squad from currently-appropriated funds in the City Council Strategic Initiatives account in the General Fund, in support of the local Community Civilian Policing Program, as follows: $ 50,000.00 Fund: I 05 Cost Center: IO I I 0010000 Page 36 of 170 IB.U.C.K. SQUAD Brot;hers Unit;ed t.o Cease the Kllllrig September 8, 2021 BOARD OFDIHECTORS BOARD CHAIR Kli\lHAYES Charlottesville City Council EXECUTIVE Charlottesville, VA DIRECTOR HERB DICKERSON Dear Councilors: lUE)ffiERS REY. AI,VIN EDWARDS The Buck Squad is requesting funding from the City of Charlottesville to support JAY TURNER the City of Charlottesville in achieving its goals to reduce the cycle of gun related KEVIN i\ICDONALD crimes by implementing a community policing program that will provide KRISTEL TOWNSEND assistance of crisis management in "conflict meditation, mentorship, and economic MARILU THOMAS development" through proactive civilian patrols within predominantly Black DR. SHARON communities with low-income households, in high crime areas such as - South BECKMAN-BRINDLEY First Street Housing Project 900 Block of South First Street, Green stone on 5th Street (Prospect 700-722 Prospect Ave and West Haven Housing Project 800 block of Hardy Drive. Currently, we are focusing solely on the South First Street area. Toward the end of2020 we faced trying times across the nation and specifically in Charlottesville as gun violent killings sparked the serious and dangerous reality in which we face. A national health crisis, and economic downturn has led to extreme unemployment, and a spike in shootings and violent crimes throughout the City. During a five-week time period between Thanksgiving 2020 and the first week in 2021, there were four murders. In Januaty 2021, the crime statistics, released on www.charlottesville.gov, displayed a spike of shooting related incidents in one week (1/4/2021 to 1/11/2021) of 4 shooting and 2 assaults reported. This was one week after the murder of Mr. Jamarcus Washington which sparked the birth of The B.U.C.K. SQUAD initiative. Our work has led to a dramatic decrease in 2021 in shooting incidents in the South First Street area. The problems are futther complicated with protests of police brutality and social injustice due to the deaths and mistreatment of black and brown people such as George Floyd, Eric Gamer, Breonna Taylor, Jacob Blake and so many others at the hands of police across the nation. This has resulted in a lack of trust in law enforcement by the individuals they are swom to protect. P.O. Box 2616 • Charlottesville, VA 22902-2616 + www.bucksquad9 I l.org • BUCKSquad91 J@gmail con1 * 434-242-2851 Page 37 of 170 Off Budget Program Funding Application- (1 of 4) Charlottesville Conditions of Eligibility Report Form To submit a funding application, an organization must meet these criteria/answer these questions: ORGANIZATION NAME: IH.:':.- (ov..c.\c 5Q.,._A D 1. Is the organization organized, qualified, and recognized as nonprofit and tax-exempt as defined by the Internal Revenue Service under 26 U.S.C. 501(c)(3)? D Yes D No AQfcis.-0 Fo~-.;1u.c_J \JA d9<\D 0--,,, v:>D....\.LD C::2-:,A v-.J\ci P'Rf!R.5:::-c I flr--., Y':::. M ,_,Q,c:. Briefly describe the program for which funding is requested (25 words or less). \ 0 (LS~ ~u.N '\Jl()U"'.A..)<-S \N Cf..\(\(Z_L~~"i\Ll<'= ,o Briefly state the organization's mission. li2;"::o-C4_0;::, G,\Ar-:, \l ~ I I',) (::u.Q ~ I G,j-\\~(Rt-l~S, Why is this funding needed outside of the City's normal funding cycle? f0'6w (){IJ;.fy0, zfiTT"~ Signatures: ~ 2 : / , £/4,--4:C;- Executive Director Date Submitted: S \i \~Y}I Program Narrative to be completed by all programs requesting operational funding. 1. Need: Indicate which Council Vision Area(s) and goal(s) in the City's Strategic Plan (www.charlottesville.org/strategicplan) the program addresses. Describe the local needs the program addresses. Who are the beneficiaries (include number served and relevant demographic information) Gu"2l \J\<:>wc,.0c:.e -:s?w.s.O \•'-I UlT"" a.:,ef-::, w::.Ki-1 \"JCL.'-'O~ Lj l\f\ u (2.03<-':> 1~ Ci-lJ\RLcl\S.::,'\J\Lc:::.. I et, Wtp ~ o I C> q=.p \J.fi~\(6.)e- Q::13,F-~ w/\lF1(1..E ~ ' " ' · ALL M::MWL'=> ~._s, (F--00 Cr- ~ - - n is<:,\I, U;;_ VJ\ w... ~~ 11 r'Ro/Y\ ".",..M=.<2-G.SNG~ \¾.:>, L\Al :::_ "r <::A,\/\J~ _ 1 N-.;.,c,.l-\~Z l¼<::>D::, 10 \03,..:>llf=-..j, ~o-n-~11/\L-- I $'-\'->1 6"i.£. -, 3. Evaluation: What specific outcomes are expected as a result of the requested funding? Describe how the program is evaluated. _ n~ _"'- (W:c /W\!Y" Ii,, BZ.__ 5"1<-H (2.cCl.ACc: ~ '\J\t::>l-Svu-_' v=0>11..-, _, - \ 1'\11 eJZ-'10 'Tl ,:y-:::. Page 39 of 170 Off Budget Program Funding AppHcation- (3 of 4) Activities and Outcomes Plan and Report Indicate which Council Vision Arca(s) and goal(s) of the 1. Strategic Plan Alignment City's Strategic Plan the program addreSses (www.charlottesville.orgistrategicl!l•n) L'\J A ', /3,0\-\1\,-,:>u."... l~ ?DC. IA L- i="AC-<2)(~ {:pf),-(S : ' \'\ EA L-,\,\y ' '3/.\-i"c CiTVI I Provide at least two meaningful indicators that this J!roject 2. The indicators this project will address. addresses are ... U) /VYW.1;_ cny St-"H32... 6{ Q2 0-< CI "Cl "" GciN ✓ •ouc.Nq,c_ ~ ~fY\~ CCN\IV\U-v 1--,Y S'\----.J t-l:::::.J I Describe what you n:rovlde1 to whom 1 how man:y:1 and time 3. The goal of this project is to frame I produce/provide ... 10'\/\'\':) 8U'-l10-" Or--lvA::,i/0'- . \ ) \ ~ (products or services, \.AJi~QJl(::,.,.::i \N r-.:,:=o, (., '~ e.-,:_ I Describe what changes you exn:ect 5. So that ' participants/beneficiaries 5'l F' (:5<... Nf.-\Gl\~\-\;::,uO-=:, ' G#-0.,c.:: I can ... \JI., L-'3,-..)J Cw-v VIOLB--:><---"=--- \'V S.:,.....,1-\ r•et'?, 71~1 /(c-:::f't ~\ (.,,N, y \(N\✓ \N~\ Page 40 of 170 Off Budget Program Funding Application- (4 of 4) !-.cc'-~-•-;Si;e<--. ,r· < ,·.· -- Agency: f Program: i, _c /, ., ' ' .l ,. '_,'~ .. -- ,,. . " . ,' t,: :•j ,,-, , __ C '"" Funding Request Prior Year Year 2016/17 2017/18 ~6 11\\ILl"\4) Revenue: Actual* Budaet 1. City of Charlottesville 2. Albemarle County 3. Other Local Governments 4. United Way-Thomas Jeff. Area 5. Albemarle County-other 6. City of Charlottesville-other 7. State Funding 8. Federal Funding 9. Grants: Foundation and Corp. 10. Fees: Program Service Fees 11. Fundraislng/Gifts and Bequests 12. Investment Income/Transactions 13. Miscellaneous Revenue 14. TOTAL REVENUE _,·;:----:-_<<_ _ ::_ . :;o . ·•: : :,•::0:• " ' Expenses: 15. Personnel (Salaries/Fringes) 16. Operational Expenses 17. TOTAL EXPENSES 18. Surplus/(Deficit) * Explain any Surplus or Deficit: Note about FY 17 Actuals - Project the actuals as you best know them at the time of this funding application. Page 41 of 170 5:51PM Tho BUCK Squad ,mm, Profit & Loss Budget Overview ....,.,.,,,a..i. Ma~hthrough Oecembsr1021 Mu2i ., TOTJ.l. ..... .m,21 ,,_ dls ctPu!>li,Suppo,t "'"" 31,J»J.3 33,lllJ.3 33_331.3) 33,311.33 :i.3,3.)l.31 ""'" ,1.:m.3,3 U,iK,d Woy, CFC Cw,lrflu,UoM 0.00 •m ,m ,.oo ,.oo ,oo om ,.oo 0.C,) ,m •m Toll! 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"J• ll u a- . Cl.[ 11,_-, _..., ' Brothers United to Cease the Killing ((• B.U.CK SQUAD '''""""'""•w<>•'"" Executive Summary RtJNDOV\fN The B.U.C.K. Squad provides an immediate response to the critical needs of reducing gun violence in Charlottesville to keep our city safe for everyone. B.U.C.K. Squad is currently the only gun violence prevention/de-escalation program of its kind in the city addressing conflict through violence interruption. Who We Are Our mission is to reduce the cycle of gun related crime and homicides through education and economic empowerment by restoring a sense of commitment, community and personal development. We use mediation, mobilization and motivation as a means to carry out our mission. We are known to the community as violence interruptors, using our experience and credibility to connect with the highest risk individuals and intervene in potentially deadly conflict. Well known ex-offenders answered the call to address the uptick in violence, independent of law enforcement to preserve community trust in high-risk areas where they were previously known to protect or patrol unofficially. While the idea of using ex-offenders to stop violence may seem unorthodox, the violence interruptor concept has shown proven results in reducing violent crimes in the areas where such programming is implemented. Engagement is key to our visibility in the community to gain the trust and respect of our neighbors who trust us with managing the well-being of our community. https://mail.google.com/mail/u/3/#inbox/FMfcgzGkZZknWBwGGIJmmSFskBTXPsfq?projector=1&messagePartld=0.1 Page 45 of 170 1/1 917121, 2:10 PM Buck Squad Who We Serve.jpg WHO W'E SERVE We serve at-risk communities who are consistently underserved. High-risk communities tend to suffer from the most violent crimes and benefit the least from necessary resources to prevent these same crimes from happening. We look at the cause of violence through a scientific and mental health lens to gauge how to treat each case. The B.U.C.K. Squad has identified high-risk areas by zones to properly identify a distress call or violent situation needing attention. These are also areas that are routinely patroled by the B.U.C.K. Squad to make their presence known. Our zones cover South First Street, Prospect Avenue, Westhaven Community and Friendship Court all deemed as "high-risk." EXPECTED BEN'EFITS Based on our brief six-month experience doing this work and some research, we've found that prevention can reduce the likelihood that any firearms will enter the community, criminal activity or family conflicts. This logic forms our strategy on hosting community events that focus on youth and families interacting in positive ways to show the benefits of unity and preventative measures to combat this escalating problem of gun violence. ORGANIZATIONAL TEAM Organizational Lead: Herb Dickerson - Executive Director Organizational Lead: Dean Smith - Field General Organizational Lead: Bryan Page - Operations Manager Expenses - $10,000 I Operations - $2,500 I Insurance/Liabilities - $2,700 I Payroll - TOTAL· $50,200* *This total is our basic operations budget so far, and does not reflect our greater need that would fund a more sustainable program with planning into the future. We can provide a line-item budget per your request. 1 fHE SUCCESS OP' OlJR, PROGRAM DEPENDS ON SUPPORT FROM SPON"SORSHIP As the need for our work increases, please consider assisting us in our quest to grow our program so we may fund the personnel to staff this effort and effectively manage community crises that involve gun violence. With significant support from the city, we can effectively rally for greater community support. https:l/mail.google.comlmail/u/3/#lnbox/FMfcgzGkZZknWBwGG\jmmSFskBTXPsfq?projector=1&messagePartld=0.2 Page 46 of 170 111 The BUCK Squad Clarifying information for City Council After many meetings with members of City Council, areas of concern or confusion have come to light and we would like the opportunity to clarify these misunderstandings. The BUCK Squad (TBS) would request that if you have any further questions that you do not hesitate to reach out to Herb Dickerson (herb.locust@gmail.com 434-284-8288), Tommy Everett (jteiii13@gmail.com 434-996-5334) or Kim Hayes (thekirnhayes@gmail.com 301-806-0203) so that we may can further promote understanding of what we are doing in the community. 1. There seems to be a substantial misunderstanding about what TBS does. Below are three examples of calls/interventions that have been addressed by TBS. Additionally, TBS does periodic canvasing of the South First Street area to let the community know that they are present and take their mission of reducing gun violence in Charlottesville seriously. The Squad has a series of goals, first to reduce/end gun violence in a targeted area where gun violence is currently prevalent. Second is to expand TBS' influence and safety net to the entirety of the Charlottesville community, growing into each hot spot as TBS gains traction and influence. And third as immediacy of violence declines to help our community, put an end to the underlying causes that lead to gun violence. Work flow HOTLINE-> INVESTIGATION-> DISPATCH-> INTERVENTION-> FOLLOW-UPS The goal of TBS is to reduce/end gun violence in our community. Our current objective is to intercede with as many possible situations before they reach a point of gun violence. When a call is received, the TBS team strategizes as to the best way to intercede based on the information that we receive through the hotline, the team's knowledge of the people involved, the recent history that has been observed as well as cross referencing information that we may receive from other sources. We always do a basic risk assessment and when it is decided if the squad should become involved (as well as who should be involved), we send at least two members to engage in a consultation or intervention. We take the safety and security of our squad members and our community members very seriously. Below you will find three scenarios of situations that TBS has handled. We recognize that we are NOT law enforcement. However, many in our community lack ttust in law enforcement and are more comfortable dealing with TBS. Our community ttusts and believes in the work that we are doing to reduce gun violence in our neighborhoods. Gun violence has increased across the nation to epidemic proportions and Charlottesville has not been spared. While traditional policing has its place, TBS can engage in situations before they escalate to the need for police involvement, preventing gun violence and loss of life in our community. Page 47 of 170 SCENARIO 1 We received a phone call through the hotline from multiple people (including the individual involved). The gentlemen had ban'icaded himself in a hotel room and was threatening ha1m to himself and others. Upon learning police were responding to the crisis, we disengaged from the situation so as not to interfere with the officers. TBS continued to receive calls from the community via the hotline requesting TBS presence. When the man who had batTicaded himself in his room reached out our field general, we reassessed and advised a team member to continue to talk to the man, trying to deescalate the situation and encouraging him to surrender himself in a peaceful matmer. Eventually, we were able to engage with the individual's mother, who was at the scene. She assisted us in gaining access to her son. Once we engaged with him, we were able to talk him down and bring him out safely. Result: After being released from incarceration, the gentlemen contacted our organization again for help and resources. We were able to provide him with the tools and resources that he requested. He is currently being mentored by Herb Dickerson, our Executive Director. SCENARIO2 The field general received a phone call that a young lady was missing and could TBS help find her. Numerous calls were received from community members about the missing young lady. After evaluation of the situation, we decided to assist in locating her. Her Facebook picture was shared with all the members of TBS and we tried to ascetiain her last known communication. We contacted mutual friends of hers through Facebook to gather information on places that she frequents. Then the team divided up responsibilities and forged out to try to find her. A few of the team members knew her parents, so they were in constant contact with them. The field general had received a phone call saying that a young lady fitting her description had been seen with her uncle. The team was dispatched to that location and eventually she was found by TBS. Seven team members were present upon making contact with the young lady. Three of the team members were speaking with the young lady inside while the others remained outside to provide safety for the young lady. The young lady was at first hesitant to speak with us. We ensured her that her safety was our main concern and anything that she wished to share with us was confidential (unless it was to bring harm to herself or others). She explained that she ran away from home, because she felt unloved and disrespected by the cu11"ent person that her mother was dating. She gave us Page 48 of 170 examples of why she felt that way and she just needed time to regroup. We asked her questions and the main one was, how we could help her? We explained to her that our main goal is to prevent gun violence before it escalates; however, we help in situations like hers too. We have resources that we are able to connect her with. She stated that she did not want to go home. We asked if she could at least call her mother to let her know that she was safe, which she agreed. Her uncle said that she could stay with him until things were resolved. Result: Subsequently, we discovered that she had mental health issues. We linked her with CAVA (Counsel Alliance of VA) and Gene Cash. He refen-ed her to an in-house mental health facility treatment program. Upon release, she now resides with her aunt in the Tidewater area. Currently, the field general, Dean Smith, is in contact with her mother for periodic follow-up on how she and her family are doing in the aftermath of the unsettling event. SCENARIO 3 After a recent shooting that occurred at Friendship Comi, we received multiple requests from residents to come to Friendship Court to provide assistance. The field general had a meeting with the team and decided to venture out of our normal zone (South First Street). While we were handing out business cards and canvassing the area, some of the residents gave us information about the location of the shooting. As we approached the location, we could see the broken glass, the bullet holes in cars, and one of the apatiments had a hole in the window. We knocked on the door to make sure the resident was well, considering the damage to her home. Once we introduced ourselves to her and explained to her who we were (she recognized the name), she asked if we could come in and see the damage. We could see that she was visibly distraught. Upon looking at the damage, we asked her how she was doing in the aftermath of the shooting. She explained in depth on how bad it had gotten and that she is not able to allow her children to go out and play. We spoke for a few minutes more, offered her some counseling resources and left our business card. We then continued our canvassing. Three days later, we got a call on the hotline from a different young lady, requesting we come to the park to have our presence there to enable the children to go to the park and play. We assembled a team the next day, set up a 3-hour window which allowed the children to play safely in the park. Result: The following week, TBS held a community event filled with free haircuts, a pizza patiy, games, prizes, and the rescue squad. Due to limited funding and manpower, we are not able to venture out to all the zones that need our attention. We try to visit when we have the resomces and enough team members available. Our goal is to eventually be able to provide the services and resources to other zones. Page 49 of 170 In all of these instances, TBS has helped to reduce violence and harm to our community tluough our relationships. Being from the communities hardest hit by recent gun violence, we are using those relationships to stop the escalation of violence, to ease worried parents and to help provide healing to those who have suffered. Our presence allows moments of peace so children can go outside and get exercise and sunshine. Our relationships with the community give us a network to draw upon to help find missing teens and intercede when someone has gotten in over their head and don't know how to step back. These are only a few examples in the last 8.5 months of our work. 2. What is typical call volume and actions taken by TBS? TBS has provided data from two random weeks. THE B.U.C.K SQUAD DATA FOR WEEKS ENDING 5-7-21 AND 7-9-21 Introduction: The hotline was established to provide a safe way for concerned citizens to bring awareness to situations that they feel are potentially dangerous in their communities. Calls are kept private and confidential. The type of calls that TBS receives on a day-to-day basis, range from domestic violence, threats, altercations, adolescent interventions, substance abuse concerns, and our focus which is reduction of gun violence. The following data will show the calls that TBS received in one week within two different timefrarnes. FOR THE WEEK ENDING OF 5-7-21 • Answered 63 calls. • 9 calls were general questions about what TBS does or potential to work for TBS. • 32 calls were threats on an individual not involving a gun. • 11 were potential gun violence situations. • 6 were hang-ups. • 5 were false alarms, like fireworks instead of a gunshot. A total of29 calls were dispatched to the team members for week ending 5-7-21 to provide de-escalation tactics and resources. FOR THE WEEK ENDING 7-9-21 • Answered 136 calls. • 51 calls were threats on an individual not involving a gun. • 15 calls were domestic violence • 22 calls were accolades. • 17 calls were potential gun violence. • 6 calls were for teenage/parental guidance assistance and resources. Page 50 of 170 • 3 calls were false alarms, like fireworks instead of a gunshot. • 4 hang-ups. • 18 calls were general questions about what TBS does or potential to work for TBS. A total of74 calls were dispatched to team members for the week ending 7-9-21 to provide de-escalation tactics and resources. 3. What do the citizens in the area that TBS services think of TBS? Below is a survey conducted by TBS. Citizens of South First Street were surveyed with approximately 80% of the residents agreeing to participate. FEBRUARY MAY JULY HAVE YOU HEARD OF THE B.U.C.K 12%Yes 77% Yes 93%Yes SQUAD? 85%No 15%No 3% No DO YOU FEEL SAFER WITH OUR 82%No 88%Yes 95%Yes PRESENCE? 9%NIA 7%N/A 2%NIA As the BUCK Squad has become more visible and present in the community, our recognition has increased as has an increased feeling of safety in the community. Additional comments given by residents is that they feel safer having their children play outside, they are more familiar with resources and more likely to utilize resources that will lead to improving overall quality of life. 4. Please explain how TBS operates financially. There seems to have been a substantial misunderstanding about how much funding that TBS is seeking from the City. In February, after the training with Interrupt the Violence (ITV), Pertelle Gilmore and Sean Pryor presented proposals to members of Council in attendance as to how TBS would operate, including 3 budgets, a blue-sky budget, a middle of the road budget and a bare bones budget. Each of these budgets were future thinking and assumed TBS had reached normalization. The financial plan of TBS has always been a public/private partnership model and that may not have been communicated well to Council. TBS was asking the City for as much of the budget as they were comfortable funding at that point, not full funding. With the City onboard as a major Page 51 of 170 donor, the plan is to leverage that donation to secure private donations and matching grant opportunities. The Board of Directors of TBS is a working board that consults daily with the Executive Director and other members of TBS. The Board assists in soliciting donations and grants to TBS, has helped set up the financial structure, made the necessa1y filings with governmental agencies and overall mission delivery. Additionally, Tommy Everett, a retired CPA that has lived and worked in Charlottesville for over 30 years is assisting the organization on a pro-bono basis to ensure compliance with all federal, state and local financial requirements. On April 15, 2021, The Board of TBS decided to disassociate from Guns Down Inc. (GDI). TBS determined that it was more financially prndent to develop our anti-gun violence program without the aid of this fiscal agent. Since then, we have filed all necessaiy paperwork with the state (see attachment) and ai·e waiting for final IRS approval as a tax-exempt entity. Since becoming an independent entity, the organization has raised over $67,000, and can expect additional funding with a show of monetary support from the City. While TBS no longer has access to the records held by Guns Down Inc., roughly $50,000 was raised locally while under the GDI umbrella. These fund raising efforts were not sufficient to pay TBS members as originally budgeted, so the organization pivoted and decided to pay the members on an on-call, hourly basis. This model has allowed our members to receive compensation for their time as many work multiple jobs and have family obligations. TBS does this work out oflove of their community but none are wealthy and cannot give the time needed without compensation. The organization is currently operating under this payment model until enough funding can be secured to bring all the members on a full-time salaiy basis so calls for help don't go unanswered. Of the funds that have been raised to date, a lai·ge ainount has been donations under $1,000. This speaks to the broad community support TBS has received. The organization has been cultivating several larger donors that are looking to the City to commit before making their donation. The off-cycle request is $50,000. We have at least $50,000 of additional funding from private donors pending that are looking to the City to commit before they donate and quite possibly more as new donors are approached. CmTently the organization has a pledge of $9,000 per quaiier from a private donor, of which 3 quarters are ($27,000) are future payments. The next installment should be made in late September. The organization also has approximately $20,000 of donations being held at CAFC until final IRS approval as a tax-exempt entity has been received. As stated above, the organization has already received the tax-exempt approval from the Commonwealth of Virginia. TBS believes that the data is clear that gun violence in the South First Street area has been reduced significantly since its inception. The City's own shots fired data supports this assertion (See Shots Fired) as there has only been one rep01ied gunshot in that area in 2021 (and we believe that was firecrackers, not a real gunshot). The organization is aware that there are other Page 52 of 170 factors that also are contributing to that reduction, but firmly believes that it is an integral part of the reduction in gun violence that South First Street is experiencing. TBS would like to have its off-cycle request re-evaluated and additionally would like to be included in the annual budget process of the City. Public safety is being reimagined across the country and Charlottesville has a chance to patt of that with a group that has already proven in 8.5 months it can help our community grow and heal from this recent epidemic of gun violence. While TBS does not expect the City to be the sole supporter of this endeavor, our community safety is one of the City's responsibilities. As the last year has shown, "traditional" policing has not been able to be trnly equal in our country. The neighborhoods with the most at-risk people are being victimized and do not trnst the police. TBS can help those communities not have their children live in fear of going outside to play or going to sleep in case a bullet goes through a wall. Page 53 of 170 cf '"t.Jo'-'1