CITY COUNCIL AGENDA Members Nikuyah Walker, Mayor October 18, 2021 Sena Magill, Vice Mayor Heather D. Hill Michael K. Payne J. Lloyd Snook, III Kyna Thomas, Clerk 5:30 PM Closed session as provided by Sections 2.2-3711 and 2.2-3712 of the Virginia Code (legal consultation) 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 October 4, 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 RECOGNITIONS/PROCLAMATIONS CONSENT AGENDA* 1. Minutes: September 7 closed and regular meetings; September 15 joint School Reconfiguration meeting; September 21 Council quorum at the Planning Commission Work Session 2. Resolution: Appropriating funds for the Charlottesville Victim Witness Assistance Grant - $257,024 (2nd reading) 3. Resolution: Appropriating funding award for the Supplemental Nutrition Assistance Program Employment and Training (SNAP E&T) - $112,708 (2nd reading) 4. Resolution: Appropriating General Assembly One-time Bonus Funding-for the City Sheriff’s Office $35,525.00 (1st of 2 readings) 5. Resolution: Appropriating Fiscal Year 2022 Fire Programs Aid to Locality Funding (Firefund) - $175,965.00 (1st of 2 readings) 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 6. Public Amending the FY 2021-2022 Substantial Action Plan and appropriating Hearing/Res.: HOME-ARP (American Rescue Plan) funding (1st of 2 readings) Page 1 of 47 7. Resolution: Appropriating American Rescue Plan funds - $1,192,836 (1st of 2 readings) GENERAL BUSINESS 8. Report: Rivanna Authorities quarterly report (written report only) OTHER BUSINESS MATTERS BY THE PUBLIC *Action Needed Page 2 of 47 CHARLOTTESVILLE CITY COUNCIL MEETING September 7, 2021 Virtual/electronic meeting via Zoom 5:30 PM CLOSED MEETING The Charlottesville City Council met in an electronic meeting on Tuesday, September 7, 2021, in accordance with a local ordinance amended and re-enacted on April 19, 2021, to ensure continuity of government and prevent the spread of disease during the coronavirus State of Emergency. On motion by Councilor Hill, seconded by Councilor Snook, Council voted 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker; Noes: none) to convene in closed session as authorized by Virginia Code Sections 2.2-3711 and 2.2- 3712, specifically: - Section 2.2-3711(A)(1), for the purpose of discussion of: (i) the appointment of individuals to city boards or commissions, (ii) the appointment of an executive director for the police civilian review board, since Council reserves to itself the right to consent to that appointment per City Code 2-456, and (iii) the city manager’s decision to terminate the employment of the chief of police. 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 6:40 p.m. BY Order of City Council BY Kyna Thomas, Clerk of Council 6:30 PM REGULAR MEETING The Charlottesville City Council met in an electronic meeting on Tuesday, September 7, 2021, in accordance with a local ordinance to ensure continuity of government and prevent the spread of disease during the coronavirus pandemic. Mayor Walker called the meeting to order at 6:41 p.m. and City Council observed a moment of silence. Clerk of Council Kyna Thomas called the roll, noting the following members present: Mayor Page 3 of 47 Nikuyah Walker, Vice Mayor Sena Magill, and Councilors Heather Hill, Michael Payne and Lloyd Snook. AGENDA APPROVAL On motion by Councilor Snook, seconded by Councilor Hill, Council by unanimous vote added Item #15 to the agenda for discussion of an Interim ADA Coordinator. Mayor Walker moved to add Item #16 to the agenda for discussion of the termination of the Police Chief. Without a second the motion failed. ANNOUNCEMENTS Mayor Walker announced Mr. Alex Zan's event CYM (Close Your Mouth) Day - September 20, 2021, a day set aside for listening to others. RECOGNITIONS/PROCLAMATIONS Councilor Snook recognized Charlottesville High School Black Knights who won their football game. Mayor Walker thanked Chief RaShall Brackney for her leadership and vision for 21st Century policing in the face of her employment termination. CONSENT AGENDA* Clerk of Council Kyna Thomas read the following Consent Agenda items into the record: 1. MINUTES: July 19 closed and regular meetings, July 27 work session, August 2 regular meeting 2. RESOLUTION: Amending the FY2020-2021 Community Development Block Grant and HOME Investment Partnerships Program Minor Action Plan Budget (2nd reading) a. RESOLUTION: Amendment to Community Development Block Grant account - $85,843.66 RESOLUTION AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT ACCOUNT Reprogramming of Funds for FY 2020-2021 WHEREAS, Council has previously approved the appropriation of certain sums of federal grant receipts to specific accounts in the Community Development Block Grant (CDBG) funds; and Page 4 of 47 WHEREAS, pursuant to section 3 of CDBG Sub-recipient Agreements, all funds not expended by the Subrecipient by June 30, 2021 shall be reprogrammed; therefore, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that appropriations made to the following expenditure accounts in the CDBG (218) fund are hereby reduced or increased by the respective amounts shown, and the balance accumulated in the Fund as a result of these adjustments is hereby reappropriated to the respective accounts shown as follows: Fund Account Code Purpose Proposed Proposed Proposed Revised Revised Revised Reduction Addition Appropriation 218 1900362 Community Investment $12.71 Collaborative 218 1900361 Ridge Street Priority $12.71 $85,843.66 Neighborhood Taskforce TOTALS: $12.71 $12.71 $85,843.66 b. RESOLUTION: Amendment to HOME Investment Partnership Program $21,384.80 RESOLUTION AMENDMENT TO HOME INVESTMENT PARTNERSHIPS PROGRAM Reprogramming of Funds for FY2020-2021 WHEREAS, Council has previously approved the appropriation of certain sums of federal grant receipts to specific accounts in the HOME Investment Partnership Program funds; and WHEREAS, pursuant to section III sub-item B of HOME Sub-recipient Agreements all invoices for the project must be submitted for reimbursement by June 30, 2021; and WHEREAS, pursuant to section 2 of the Cooperation Agreement for the TJPDC under the HOME Investment Partnership Program, funds not committed will be made available to Subrecipients under the Consortium Agreement; therefore BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that appropriations made to the following expenditure accounts in the HOME (210) fund are hereby reduced or increased by the respective amounts shown, and the balance accumulated in the Fund as a result of these adjustments is hereby reappropriated to the respective accounts shown as follows: Page 5 of 47 Fund Account Code Purpose Proposed Proposed Proposed Revised Revised Revised Reduction Addition Appropriation 210 1900366 Habitat for Humanity of $21,384.80 Greater Charlottesville TOTALS: $21,384.80 c. RESOLUTION: Approving the FY 2020-2021 Minor Annual Action Plan Amendment RESOLUTION Approval of FY 2020-2021 Minor Annual Action Plan Amendment BE IT RESOLVED, that the Charlottesville City Council hereby approves the FY 2020 - 2021 Minor Action Plan Amendment of the 2018-2022 Consolidated Plan. The reprogrammed CDBG and HOME and budget will be reflected into the 2020-2021 Annual Action Plan. 3. ORDINANCE: Amending and re-enacting the Code of the City of Charlottesville, 1990, as amended, in order to remove masculine and/or feminine language and to substitute gender-neutral pronouns (2nd reading) ORDINANCE TO AMEND AND RE-ENACT THE CODE OF CHARLOTTESVILLE, 1990, AS AMENDED, IN ORDER TO REMOVE MASCULINE AND/OR FEMININE LANGUAGE AND TO SUBSTITUTE GENDER NEUTRAL PRONOUNS 4. RESOLUTION: Appropriating Housing Opportunities for People with AIDS/H.I.V. (H.O.P.W.A.) Grant funds to the Thomas Jefferson Area Coalition for the Homeless (TJACH) - $288,172 (carried) 5. RESOLUTION: Appropriating funds from the Thomas Jefferson Area Coalition for the Homeless (TJACH) to the Department of Human Services - $10,000 (carried) 6. RESOLUTION: Appropriating funds for the Virginia Behavioral Health Docket Grant - $49,000 (carried) 7. RESOLUTION: Appropriating funds for the Charlottesville-Albemarle Adult Drug Treatment Court Grant Award - $240,000 (carried) Page 6 of 47 8. RESOLUTION: Appropriating Bama Works Grant funds for the recruitment and retention of Black, Indigenous and People of Color (BIPOC) Foster Families - $5,000 (carried) 9. RESOLUTION: Amending and reauthorizing funds to construct a Bike and Pedestrian Bridge for McIntire Park - $50,000 RESOLUTION AMENDING AND REAUTHORIZING Funds to construct a Bike and Pedestrian Bridge for McIntire Park - $50,000 WHEREAS, the City of Charlottesville, through Parks and Recreation, is no longer obligated to provide match to the VDOT Recreational Access grant fund for the McIntire Park Bike Access project; and WHEREAS, the City of Charlottesville, through Parks and Recreation, is working to construct the McIntire Park Trail and Bridge; NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $50,000 is hereby transferred in the following manner: Transfer From $50,000 Fund: 426 WBS: P-01005 G/L Account: 599999 Transfer To $50,000 Fund: 426 WBS: P-00673 G/L Account: 451020 10. RESOLUTION: Appointing the City Voting Representative to Jaunt, Inc. Shareholders’ Meetings RESOLUTION APPOINTMENT OF CITY VOTING REPRESENTATIVE TO THE JAUNT, INC. SHAREHOLDERS’ MEETINGS WHEREAS, Jaunt Inc. is a public service corporation organized in 1975 and owned by the City of Charlottesville and the Counties of Albemarle, Fluvanna, Louisa and Nelson serving these communities and the areas of Buckingham, Greene and Amherst Counties; and WHEREAS, Jaunt, Inc. utilizes local, state, federal and contract funding to provide over 300,000 passenger trips a year with its fleet of 85 vehicles; and Page 7 of 47 WHEREAS, Jaunt, Inc. is governed by a Board of Directors appointed by its member localities with officers appointed by the owner Shareholder members at an annual meeting; and WHEREAS, the City has four appointed citizen representatives on the Board of Directors and eligible for officers of the Board of Directors: and WHEREAS, the City of Charlottesville appoints a representative of either an appointed Board Member or the Charlottesville City Manager to represent the City as a voting proxy during this and any Shareholder meetings; and WHEREAS, City staff recommends the appointment of the City Manager as the Shareholder Proxy; and now th THEREFORE, BE IT RESOLVED this 7 day of September, 2021 by the Council of the City of Charlottesville, Virginia that the City Manager is appointed to represent the City as the voting proxy for this and future Jaunt, Inc. Shareholder Meetings and until such time as this representation is amended by the City Council. 11. RESOLUTION: Approving the City Manager's hiring recommendation for the Police Civilian Review Board Executive Director RESOLUTION Approving the City Manager’s Hiring Recommendation for the Police Civilian Review Board Executive Director WHEREAS, the City Manager wishes to hire Mr. Hansel Aguilar as the Charlottesville Police Civilian Review Board Executive Director, pursuant to Chapter 2 Section 2-465 of the Code of the City of Charlottesville (1990) as amended; and WHEREAS, Mr. Aguilar has agreed to accept hiring and appointment as Executive Director of the Police Civilian Review Board, upon certain terms and conditions set forth in writing and accepted by Mr. Aguilar on August 10, 2021, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that, pursuant to Section 2-456 of the Code of the City of Charlottesville (1990), as amended, the City Manager’s appointment of Mr. Hansel Aguilar as Executive Director of the City’s Police Civilian Review Board is hereby approved. Mayor Walker opened the floor for comments on the Consent Agenda: • Jeff Fogel, city resident, spoke about Item #7 and the equal treatment of people. Page 8 of 47 On motion by Councilor Snook, seconded by Councilor Hill, Council by the following vote APPROVED the Consent Agenda: 4-1 (Ayes: Hill, Magill, Payne, Snook; Noes: Walker). CITY MANAGER RESPONSE TO COMMUNITY MATTERS and to COUNCILORS City Manager Chip Boyles shared an update on the following community and Council matters: 1. Staff is working on a financial report for the funds that the city provides for direct housing support for families and supportive housing services. 2. He is working on a status report for the bridge over the railroad on Melbourne Road. (David Brown, Public Works Director, added that the project is scheduled for completion by the end of September.) 3. He is working on a report for the Rivanna Trail Boardwalk in Greenbrier, which needs repair. 4. Fire Chief Hezedean Smith will provide a report at Council’s September 20 work session. 5. Staff has developed a formal application process to create roadside memorials along certain city streets for family members of those suffering fatalities in automobile accidents. The program should be available by October 1. 6. City Covid procedures were extended into October, and possibly further for City Hall. COMMUNITY MATTERS Mayor Walker opened the floor for public comment. 1. Dr. Forrest Calland spoke about a concern with the proximity-based dispatch protocol system being implemented by the Charlottesville Fire Department. He advised that none of the providers would get enough experience to maintain their certification. He proposed that the system in place for the past ten years met standards. 2. Elizabeth Stark, city resident, asked that the City continue working to increase density with the Future Land Use Map. She advocated for an explanation for the termination of the police chief's contract and added that Bellamy Brown, Chair of the Police Civilian Review Board (PCRB), spoke outside of the purview of the PCRB during a recent PCRB meeting and should not be reappointed. 3. Gloria Beard, city resident, shared concerns about the termination of the police chief and lack of information, as well as increased taxes on the elderly. 4. Jeff Fogel, city resident, spoke about the firing of the police chief, the impact of the Police Benevolent Association survey and the continued need for a PCRB. 5. Melvin Burruss spoke in opposition to the termination of the police chief employment contract and applauded Mayor Walker for her comments in support of Chief Brackney. He shared that Bellamy Brown should not be reappointed to the PCRB. 6. Tanesha Hudson spoke about the poor treatment of Black leaders in the City of Charlottesville, and about the sharing of personnel information. She listed City positions Page 9 of 47 with turnover. 7. Kara Elms, resident of St. Charles, Missouri, spoke in opposition to the St. Charles mayor's campaign to acquire the Lewis, Cark and Sacajawea statue removed from West Main Street. 8. Virginia Leavell, Chief of the Charlottesville Rescue Squad, spoke in opposition to the Charlottesville Fire Department's new proximity dispatch protocol. 9. Katrina Turner expressed concern that Councilors Magill, Hill, Payne and Snook did not agree to discuss in public the termination of the police chief. 10. Sherri Frantz deferred to Shawn Tevendale, small business owner and EMS (Emergency Medical Service) provider/advocate, who spoke in opposition to the new proximity dispatch model being used by the Fire Department, advising that it is not cost-effective or patient outcome centric. 11. Robin Hoffman, city resident, spoke in support of Mayor Walker's comments regarding the police chief. 12. Don Gathers, city resident, spoke of the failed motion to discuss the police chief's termination, and his disappointment at the lack of transparency. 13. Harrison Brookeman, medic and Captain at the Charlottesville-Albemarle Rescue Squad asked Council to consider ways to provide efficient and effective EMS care with existing resources. 14. Gregory Weaver, Fry’s Spring resident, spoke about global warming and the need for the City to prioritize emissions reductions related to transit by increasing the use of mass transit. 15. Andrew Shelton spoke to City Manager Boyles regarding the police chief termination and the likely difficulty for the city and citizens moving forward. 16. Jane Smith spoke about the termination of the police chief and a sense of hopelessness. She offered a personal apology for the city's treatment of Chief Brackney. Councilor Snook made comments about having a public discussion about the police chief's employment termination. He advised that there was no clarity about ground rules. He also spoke about contributions of the Rescue Squad and the direction of providership. Councilor Payne added that the timing of the recent personnel decision regarding the police chief created many questions. He spoke of the need for continued reform efforts, rebuilding trust with the community, and not returning to old ways. Councilor Hill shared Councilor Snook's sentiments. Mayor Walker offered rebuttal to councilor comments, advising that comments regarding staff be reserved when councilors do not have enough information. She advocated for fair, just and equitable processes. She asked if there were any objections to hearing comments from Fire Page 10 of 47 Chief Smith. There were no objections. Chief Smith shared comments about the proximity dispatch system based on national standards and best practices. He shared data about response time improvements in several neighborhoods since the implementation of proximity dispatch protocol July 24, 2021. Mayor Walker asked questions. Lisa Robertson, City Attorney, offered an explanation for a meeting that had been postponed between Chief Smith and the Charlottesville-Albemarle Rescue Squad. Mayor Walker commented on questions that were brought up by the public. Council discussion ensued regarding the police chief termination. Several councilors advised that they supported the role of the City Manager in making an employment decision. The meeting recessed at 8:42 p.m. and reconvened at 8:59 p.m. ACTION ITEMS 12. ORDINANCE: Amending and re-enacting Charlottesville City Code Chapter 19 Section 19-59 to change the length and number of terms for members of the City's Retirement Commission (carried) Councilor Hill presented the recommendation. Council agreed to move the item forward to the September 20 Consent Agenda for a second reading. 13. RESOLUTION *: Approving major design features from Design Public Hearing for the Barracks Road-Emmet Street Smartscale Improvement Project Brian Copeland, Senior Project Manager with the Timmons Group, presented information about the project, advising that the project was fully funded, on budget and on schedule. He shared key takeaways from the design public hearings. Councilor Payne asked about shared bike paths versus protected bike lanes. Mr. Copeland advised that considerations were given to preservation of tree canopy and slope impact, as well as maximizing use of the budget. On motion by Councilor Snook, seconded by Councilor Hill, Council by the following vote APPROVED the Resolution: 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker; Noes: none). Page 11 of 47 RESOLUTION BARRACKS ROAD/EMMET STREET SMARTSCALE IMPROVEMENT PROJECT DESIGN PUBLIC HEARING APPROVAL WHEREAS, a Design Public Hearing was conducted virtually via ZOOM on July 7, 2021 by representatives of the City of Charlottesville and the Commonwealth of Virginia Department of Transportation after due and proper notice for the purpose of considering the proposed design of the Barracks Road/Emmet Street Smartscale Improvement Project under State project number of 0029-104-336, C501, P101, R201 in the City of Charlottesville, at which hearing aerial photographs, drawings, environmental documentation and other pertinent information were made available for public inspection in accordance with state and federal requirements; and WHEREAS, all persons and parties in attendance were afforded full opportunity to participate in said public hearing; and WHEREAS, representatives of the City of Charlottesville were present and participated in said hearing; and WHEREAS, the Council had previously requested the Virginia Department of Transportation to program this project; and WHEREAS, the Council fully deliberated and considered all such matters; now THEREFORE BE IT RESOLVED that the Council of the City of Charlottesville hereby approves the major design features of the proposed project as presented at the Public Hearing with the following changes: 1. Signalize the southbound right turn slip lane on Emmet St. (matching plan to signalize the northbound right turn slip lane). 2. Add an additional sharrow (shared lane) marking on the westbound approach to the Barracks/Emmet signal. 3. Minimize impacts to existing holly trees that exist at the Buckingham Road intersection. BE IT FURTHER RESOLVED that the City of Charlottesville will acquire and/or furnish all right-of-way necessary for this project and certify the same to the Virginia Department of Transportation and Federal Highway Administration at the appropriate time. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute, on behalf of the City of Charlottesville, all necessary agreements required in conjunction with Page 12 of 47 acquiring such rights of way, as well as all other associated standard agreements for construction activities. 14. RESOLUTION *: Update on the disposition of the Lewis, Clark and Sacajawea and confederate statues, and ratification of Council's July 10, 2021 decision City Manager Boyles provided an update on offers received for the Lewis, Clark and Sacajawea statue. Council was not asked to make a decision at the time; however, Mr. Boyles recommended that a small community group including two Council members convene to review and compare proposals and discuss the disposition of the statue. Mayor Walker expressed concern about having the statue in its current location at Darden-Towe Park and she expressed that she would be concerned about the statue going to another locality. Vice Mayor Magill and Councilor Snook volunteered to represent City Council on the committee. Councilors Payne and Snook added that the group should work with the indigenous community and familial descendants of Sacajawea. Mr. Boyles introduced the resolution to ratify the July 10 City Council decision to move the statue. On motion by Councilor Hill, seconded by Vice Mayor Magill, Council by the following vote APPROVED the Resolution: 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker; Noes: none). RESOLUTION TO RATIFY CITY COUNTIL’S JULY 10, 2021 DECISION TO REMOVE AND RELOCATE A CITY-OWNED STATUE DEPICTING MERIWETHER LEWIS, WILLIAM CLARK AND SACAJAWEA WHEREAS for some time, the Charlottesville City Council has publicly expressed its desire, and has stated its intention, to remove and relocate a statue/ sculpture depicting Sacajawea, Meriwether Lewis, and William Clark currently located on West Main Street in the City (hereinafter, referred to as the “LCS Statue”), such desires and intentions having previously been expressed by Resolution adopted by City Council on November 15, 2019; and WHEREAS on July 10, 2021, unforeseen circumstances arose, when the contractor engaged in the process of removing other statuary within the City notified City staff that it would finish that work in substantially less than the full day that had been anticipated, and the contractor offered that, since the personnel, cranes and other equipment had already been Page 13 of 47 mobilized for a full day, for a fixed-price, the contractor would remove and relocate the LCS Statue at no additional cost to the City; and WHEREAS on July 10, 2021, in order to take advantage of an opportunity to save hundreds of thousands of public dollars, the circumstances presented to City Council by the aforesaid contractor required immediate action by City Council; therefore, the Mayor called a special/ emergency meeting of City Council upon public notice, reasonable under the circumstances, and said notice was given contemporaneously to the public and members of city council; and WHEREAS pursuant to Section 14 of the municipal Charter for the City of Charlottesville, this City Council has broad and express authority, without the requirement for a public hearing, to control and manage the City’s personal property; and WHEREAS this City Council now desires to ratify its decision to remove and relocate the LCS Statue; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CHARLOTTESVILLE THAT the City’s July 10, 2021 removal of the LCS Statue from its original location on West Main Street, and its relocation on July 10, 2021 to a storage location owned/ co-owned by the City of Charlottesville, is hereby ratified. 15. ADDED Motion: Appointment of Interim ADA Coordinator Deputy City Manager Samuel Sanders presented the request, advising that the intent is to be better in compliance with the City’s ADA Transition Plan. He advised that Alex Ikefuna was asked to work in the role until a full-time hire is determined. On motion by Councilor Snook, seconded by Councilor Hill, Council by the following vote APPROVED the appointment of Alex Ikefuna as Interim ADA Coordinator: 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker; Noes: none). GENERAL BUSINESS There were no items of general business. OTHER BUSINESS Mayor Walker asked questions for the record and made additional comments: • Based on the information presented by Bellamy Brown, the platform that he used, and that process seeming to have started with his collaboration with the PBA because he did Page 14 of 47 not get the position with the PCRB, staff was asked to address the issue because Mayor Walker felt targeted and “Chief Brackney was targeted”: o To make clear to Mr. Brown the roles that Mayor Walker and Chief Brackney had in the hiring process for the PCRB Executive Director, and o To address “that platform being used for this purpose”, and o To determine whether Council needs to decide when to respond to something or when the people with the most information should respond. • Regarding the unsigned August 20 press release, who worked on it and why were names left off? If the press release was not approved, how did it get released? Specifically, why was the City Manager’s name not on the release? If he did not approve the release, how did it reach Communications? With Mr. Wheeler being on vacation at the time, did Mr. Rice post the statement? • What occurred between the August 20 press release and the August 30 press release? • When was it discussed for Major Mooney to take the Interim position and was the decision made to place the Chief on leave instead of totally firing her so that Council would not have to appoint that position? • Regarding comments from Mr. Boyles about three things that Major Mooney requested for retirement, could that information be sent to Council if it is protected information? • How was his retirement able to be reversed so quickly? • How many meetings were there with Michael Wells? If he was secretly recording Major Mooney, who has seen those tapes and what’s on those tapes? • About the direction of the department and reforms, how did police officer concerns trump reform goals? • Regarding the internal survey: o How many police officers? o How was it determined that “Command” equated “Chief”? • Regarding the Police Benevolent Association survey which had grave concerns about the community and Command, what did the City Manager do to determine how valid those concerns were? • Additional questions awaiting answers were sent by email. • Were there exit interviews? • Who are eight individual sources referenced by Councilor Hill? Should we be able to keep external sources secret in a decision this great? If so, why? • Regarding supervision of the position, did the City Manager meet with Dr. Brackney and inform her of concerns from internal and external sources known for weeks, and why did the decision end the way it did on that day? Councilor Payne asked what specific plans, steps and actions would be taken to ensure that the department does not reverse course related to its relationship with JADE, certain data reporting, disciplinary actions, etc.? Page 15 of 47 MATTERS BY THE PUBLIC Mayor Walker opened the floor for comments from the public. - Ang Conn advised that the termination of the police chief contract makes a case for dismantling the police department. She asked several questions related to housing vouchers. John Sales, Executive Director of Charlottesville Redevelopment and Housing Authority (CRHA) provided an explanation of the housing voucher program. - Tanesha Hudson spoke about leadership recommendations to CRHA to find other funding sources besides the City. She spoke about City leadership transparency, accountability and treatment of Black leaders. - Don Gathers supported questions asked by Mayor Walker and asked why Assistant Chief Mooney was brought back from retirement instead of promoting Captain Durette to Acting Chief if equity is important. - Michael Wells of the local and state PBA made comments about their survey, advising that the results were about leadership and not race. - Katrina Turner pleaded with councilors to speak up about the concerns of citizens instead of choosing the side of the police. She shared concerns about Bellamy Brown being Chair of the Police Civilian Review Board since he spoke out in support of police and against Chief Brackney, and about concern that complaints sent to the PCRB would not be reviewed fairly. - Rosia Parker spoke as a Black mother and expressed distress about the decision to remove the police chief and the greater good of the people. She advised that the community is hurting. - Nancy Carpenter spoke in response to comments from Ang Conn. She spoke in support of the Consent Agenda appointment of Hansel Aguilar as Executive Director of the PCRB. She asked for commitment to data transparency with the police department and advised of the PCRB meeting on Thursday, September 9. She spoke about the optics of the treatment of Black leaders in the city and what is being done to create barriers for people of color in the city. - Tee Rar, member of another city council, asked what he could do to apply for the statues recently removed in the city. - Dr. Forrest Calland, city resident, spoke about the Charlottesville Albemarle Rescue Squad (CARS) and dispatching. He advised that CARS provided 80% of EMS care in the city. He asked if CARS would be participating in the September 20 meeting presentation. City Attorney Robertson confirmed the presentation forum for September 20. o Fire Chief Hezedean Smith provided clarification about the decision to present to Council on September 20 and cancellation or postponement of a meeting with CARS after it was determined that they had retained legal counsel. - Gloria Beard, city resident, thanked Mayor Walker for her comments during the meeting. She noted that she wanted to see support for the Fire Chief. She also shared information about Midway Manor and the need to help the elderly in the community. Page 16 of 47 - Kate Fraleigh, city resident, responded to a comment from Councilor Payne. She advised that Council could work swiftly on the ordinance and operating procedures sent by the PCRB, in an open and transparent discussion. She asked that Council appoint Rosia Parker to the PCRB. She asked Mr. Boyles about the start date for the PCRB Executive Director. She also commented about comments from Michael Wells. - Walt Heinecke spoke about the lack of transparency and accountability in the removal of the police chief. He asked Council to vote for strong oversight policies for the Police Civilian Review Board. - Abby Guskind, city resident, agreed with comments from Ms. Fraleigh and Mr. Heinecke. She spoke in support of questions asked by Mayor Walker. She spoke in opposition to comments from Mr. Wells. She advised that Mr. Boyles needs to engage more with the public. - Joy Johnson, city resident, spoke about racism an about councilor promises during their campaigns. - Valerie Washington, city resident, spoke of fear for her child given verbiage used by Mr. Wells regarding policing in Charlottesville. Mayor Walker made closing comments and adjourned the meeting at 10:45 p.m. BY Order of City Council BY Kyna Thomas, Clerk of Council Page 17 of 47 CHARLOTTESVILLE CITY COUNCIL Joint Work Session with Charlottesville City School Board September 15, 2021 SCHOOL RECONFIGURATION Virtual/electronic meeting via Zoom 6:30 PM WORK SESSION The Charlottesville City Council met on Wednesday, September 15, 2021, for a joint budget work session with the Charlottesville City School Board to hear a presentation and discuss school reconfiguration and budget. The meeting was held electronically pursuant to a local ordinance amended and re-enacted on April 19, 2021, to ensure the continuity of government and prevent the spread of disease during the coronavirus pandemic. Nikuyah Walker, Mayor, called the Charlottesville City Council to order at 6:36 p.m. Clerk of Council Kyna Thomas called roll and noted the following members present: Mayor Nikuyah Walker, Vice Mayor Sena Magill and Councilors Heather Hill and Michael Payne. Lisa Torres, Chair, called the City of Charlottesville School Board meeting to order and noted a quorum present. Clerk Julia Green conducted School Board roll call. Ms. Torres introduced new Schools Superintendent Royal Gurley. Mayor Walker turned the meeting over to Wyck Knox, representing the design company VMDO. Mr. Knox shared a presentation, beginning with a historical view of city schools. He advised that VMDO would present: 1. Recommended approach on scope and budget at Buford starting in 2023, 2. Recommended approach on scope and budget for PreK to temporarily occupy Walker building A in 2026, and 3. Recommended approach to build a future new PreK center at Walker. Councilors and Board members asked questions about ages of buildings reconfigured in other cities, reconfiguration versus new build, and classroom capacity. Kristen Hill, VMDO, shared information about the Working Group and Community Design Team, as well as what defines success for the process: • Achieve reconfiguration • Prioritize the student experience • Community driven design Maria Bninski, VMDO Project Architect for Walker, presented improvement ideas for preparing Walker Building “A” as a Temporary Preschool Facility. Page 18 of 47 Councilor Lloyd Snook joined the meeting at 7:51 p.m. Mr. Knox presented options for Buford Middle School reconfiguration. Option 1: Renovate More, Build Less Option 2: Big Room/Build Compactly Option 3: Build in the Bowl He then contrasted costs for renovation versus reconstruction and deferred maintenance. He advised that deferred work is subject to additional inflation and phased work is more expensive. City Manager Chip Boyles and Krisy Hammill, Senior Budget and Management Analyst, presented funding scenarios, including options for removing existing Capital Improvement Projects and increasing taxes. City Council and the School Board engaged in discussion about such topics as: - City’s reserve policy - Funding multiple programs such as CHAP (Charlottesville Housing Assistance Program) with taxes - Tax-equivalence - Bond capacity versus bond exceeded - General Fund capacity - Reprogramming funds for projects currently listed in the Capital Improvement Plan - Achieving other City goals such as affordable housing and equity - City strategic planning Chris Cullinan, Finance Director, provided an explanation of the use of American Rescue Plan funds. In response to questions from Mayor Walker, Michael Goddard, Senior Project Manager - Facilities Development, added that savings from reallocating maintenance costs from Buford and Walker to fund debt services would be minimal. Jim Henderson, Acting Superintendent, reiterated the community desire since 2007 for reconfiguration. Council agreed that the West Main Street project and parking garage would not move forward, given other priorities. Mr. Knox advised that VMDO would bring a report to City Council on October 4. Page 19 of 47 Kim Powell, Assistant Superintendent for Finance and Operations, answered a financial question for Councilor Magill regarding State funding and impacts of a local tax rate increase. Mr. Knox summarized next steps for VMDO. PUBLIC COMMENT Mayor Walker opened the meeting for public comment. - Michael Joy, city resident, parent and licensed architect, shared support for the information presented by the consultant team. - Chris Meyer, city resident and parent, spoke of the prioritization of school modernization and the need for action sooner than later. - Michael Allen, band director at Buford Middle School, spoke of challenges facing students and the need to reconfigure the school to accommodate current and future students and equipment. - Holly Hatcher, city resident and parent, affirmed comments about equity through support of public education, advocating at the statewide level, and parent support. - Annie Suttle, city resident, parent and member of the Community Design Team spoke of the urgency to act, and the desire for local parents to help. School Board members James Bryant and Lashundra Bryson Morsberger made final comments. Superintendent Gurley shared that children learn best in quality facilities and thanked all for their time working on the project. Councilors made closing comments. Mayor Walker adjourned the meeting of City Council at 9:52 p.m., immediately followed by adjournment of the School Board meeting. BY Order of City Council BY Kyna Thomas, Clerk of Council Page 20 of 47 CHARLOTTESVILLE CITY COUNCIL QUORUM AT PLANNING COMMISSION WORK SESSION September 21, 2021 Virtual/electronic meeting via Zoom 5:00 PM WORK SESSION Pursuant to Virginia Code Section 2.2-3707, a quorum of City Councilors participated in a work session held by the Charlottesville Planning Commission on Tuesday, September 21, 2021. The purpose of the meeting was to discuss the draft Comprehensive Plan Future Land Use Map and for Planning Commissioners to share additional comments related to the draft Comprehensive Plan chapters, which were the focus of the discussion at the September 14, 2021 Planning Commission meeting. The meeting was held electronically pursuant to a local ordinance amended and re-enacted on April 19, 2021, to ensure the continuity of government and prevent the spread of disease during the coronavirus State of Emergency. The meeting was called to order at 5:00 p.m. and the following City Councilors were present: Heather Hill, Lloyd Snook and Michael Payne. Jennifer Koch with Cville Plans Together reviewed the agenda and project schedule, indicating a joint hearing with the Planning Commission and City Council at the October 12 Planning Commission meeting, and a Council hearing at the November 15 City Council meeting. The meeting Agenda was as follows: 1. Chapter revision overview/reminder 2. Future Land Use Map 3. Planning Commission comments and discussion 4. Community comments Mayor Nikuyah Walker joined the meeting at approximately 5:37 p.m. After the presentation from Cville Plans Together and input from Planning Commissioners, City Councilors participated in discussion. The meeting recessed at 7:25 p.m. and reconvened at 7:30 p.m., at which time the Planning Commission took public comment. The meeting adjourned at 10:00 p.m. BY Order of City Council BY Kyna Thomas, Clerk of Council Page 21 of 47 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: October 4, 2021 Action Required: Appropriation Resolution Presenter: Pat O’Donnell, Coordinator Victim and Witness Assistance Program Staff Contacts: Pat O’Donnell, Coordinator Victim and Witness Assistance Program Title: Victim Witness Assistance Program Grant $257,024 Background: The City of Charlottesville, through the Commonwealth’s Attorney’s Office, has received the Victim Witness Program Grant from the Virginia Department of Criminal Justice Services in the amount of $156,817 in Federal Funds and $67,207 in State Special Funds, and $33,000 supplement from the Commonwealth Attorney’s operating budget for a total award of $257,024. Discussion: The victim’s rights movement began in the 1970s as a result of victims being re-victimized by the criminal justice process. Victims had difficulty navigating the complexities of the criminal justice system and no voice or recourse when their cases were continued or pled out without their knowledge or consent. Prosecutors did not have the time or skills to respond to victims who were traumatized, but knew that in order to proceed with their case, many victims would need more services than the prosecutor’s office could provide. In response to this need, the federal Victims of Crime Act was passed in 1984 and funds became available through the Virginia Department of Criminal Justice to respond to the needs of victims. The Charlottesville Victim/Witness Assistance Program was established in 1989 and has been meeting the needs of Charlottesville crime victims ever since. The Program is one of more than 60 such programs in the state that provides crisis intervention and advocacy, information and support during and after criminal justice proceedings, access to compensation and restitution, referrals to local community agencies and ensures victims are afforded their rights as outlined in Virginia’s Crime Victim and Witness Rights Act. The Program also provides training on victim issues to law enforcement and allied agencies. It regularly serves more than 1,000 victims and 20 witnesses each year. Alignment with City Council’s Vision and Strategic Plan: Approval of this agenda item aligns directly with Council’s vision for Charlottesville to be America’s Healthiest City, a Community of Mutual Respect and a Smart, Citizen-Focused Government. According to the Bureau of Justice Statistics, the total economic loss to crime victims was $1.19 billion for violent offenses and $16.2 billion for property crime in 2008. Page 22 of 47 Statistics vary on the amount of intangible losses victims accumulate, such as the effects of the crime on their sense of security, mental health and relationships. The Charlottesville Victim Witness Assistance Program contributes to the health of the community by connecting crime victims with medical and mental health providers through the Criminal Injury Compensation Fund. The Program helps create a Community of Mutual Respect by responding to the needs of crime victims and helps achieve a Smart, Citizen-Focused Government by ensuring their rights are recognized throughout the local criminal justice system, including police, prosecution, judges and probation. Community Engagement: The Victim Witness Assistance Program is engaged daily with victims of crime who access services through referrals from police, court services, social services and other allied agencies. Program staff contacts crime victims within 48 hours of their reported victimization. Program staff serves on several coordinating councils, such as the Multi-Disciplinary Team on Child Abuse, the Domestic Violence Coordinating Council, the Sexual Assault Response Team, the Monticello Area Domestic Violence Fatality Review Team, the Charlottesville/Albemarle Human Trafficking Task Force, and the Charlottesville/Albemarle Evidence Based Decision Making Policy Team. The program regularly provides outreach in the forms of government services day, training and speaking engagements at UVA, PVCC and other allied agencies as requested. Budgetary Impact: There is no impact to the General Fund. The City’s match of $33,000 was previously appropriated as part of the Commonwealth’s Attorney’s Office FY2022 Adopted Budget. The Victim Witness Assistance Program Grant is renewed annually and the funds will be received and expensed in the grants fund. Recommendation: Staff recommends approval and appropriation of grant funds. Alternatives: If grant funds are not appropriated, Charlottesville crime victims will have no access to compensation, advocacy or services afforded to them under Virginia’s Crime Victim and Witness Rights Act. Attachments: Appropriation Resolution Page 23 of 47 RESOLUTION APPROPRIATING FUNDS for Charlottesville Victim Witness Assistance Program Grant $257,024 WHEREAS, The City of Charlottesville, through the Commonwealth Attorney’s Office, has received an increase in the Victim Witness Program Grant from the Virginia Department of Criminal Justice Services in the amount of $224,024; and WHEREAS, the City is providing a supplement in the amount of $33,000, the source of which is the Commonwealth’s Attorney’s operating budget; NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the sum of $224,024 is hereby appropriated in the following manner: Revenues $ 56,006 Fund: 209 Cost Center: 1414001000 G/L Account: 430110 $168,018 Fund: 209 Cost Center: 1414001000 G/L Account: 430120 $ 33,000 Fund: 209 Cost Center: 1414001000 G/L Account: 498010 Expenditures $244,241 Fund: 209 Cost Center: 1414001000 G/L Account: 519999 $ 12,783 Fund: 209 Cost Center: 1414001000 G/L Account: 599999 Transfer $ 33,000 Fund: 105 Cost Center: 1401001000 G/L Account: 561209 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $224,024 from the Virginia Department of Criminal Justice Services. Page 24 of 47 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: October 4, 2021 Action Required: Approve appropriation Presenter: Sue Moffett, Director, Charlottesville Department of Social Services Staff Contacts: Sue Moffett, Director, Charlottesville Department of Social Services Mary Jane Skidmore, Chief of Benefit Programs, Charlottesville Department of Social Services Title: Supplemental Nutrition Assistance Program Employment and Training (SNAP E&T) funding award ($112,708) Background: The Charlottesville Department of Social Services submitted a proposal for funding the Supplemental Nutrition Assistance Program Employment and Training (SNAP E&T) Program. The proposal has been approved by the Virginia Department of Social Services with an effective date of January 1, 2022. As part of the approval, the Charlottesville Department of Social Services will receive $112,708 in funding. Discussion: The Charlottesville Department of Social Services (the Department) developed a proposal to operate the Supplemental Nutrition Assistance Program Employment and Training Program (SNAP E&T). The funding will allow the Department to provide SNAP participants with education and training opportunities that lead to meaningful employment. The full award includes monies for adding one full-time self-sufficiency specialist position to administer the program, purchase of education and training services for SNAP E &T participants, and provision of supportive services to support successful outcomes. The Department has no other funding source to provide employment and training supports to SNAP recipients. The program administration will be housed with the Virginia Initiative for Education and Work (VIEW team) in the Department. Expansion of services to the SNAP target population will enhance the existing collaborations with other education, training and employment service providers in the community. Page 25 of 47 Alignment with City Council’s Vision and Strategic Plan: The SNAP E&T program leverages workforce development systems in the community and aligns with the Council’s vision for Economic Stability. It contributes to Goal 1 of the Strategic Plan, an inclusive community of self-sufficient residents, Objective 1.2 prepare residents for the workforce, and Objective 1.4 enhance the financial health of residents. It also contributes to Goal 4 of the Strategic Plan, a strong, creative and diversified economy; Objective 4.1 develop a quality workforce. Community Engagement: Like practically all of the City’s workforce development efforts, its employment training programs are supported by numerous community service providers and organizations. Examples include: Piedmont Virginia Community College, Virginia Career Works, the International Rescue Committee, Region Ten, Department of Aging and Rehabilitative Services, Offender Aid and Restoration-Jefferson and Community Corrections, and employer partners. None of the work that is currently being done could be possible without this strong community engagement. Budgetary Impact: The Virginia Department of Social Services is providing 100% of the funding for FY22 with no local general fund match required. A 15.50% local general fund match will be required beginning in FY23 and in future years. The department is not requesting any new general funds for this new program. Recommendation: Staff recommends approval and appropriation of the funds Alternatives: Funds that are not appropriated will need to be returned to the Virginia Department of Social Services. The Department will not be able to operate the SNAP E&T program if the funds are not appropriated. Attachments: Resolution Award letter Page 26 of 47 RESOLUTION APPROPRIATING FUNDING FOR Supplemental Nutrition Assistance Program Education & Training (SNAP E&T) Program Administration and Purchase of Services - $112,708 WHEREAS, the Charlottesville Department of Social Services has received $112,708 in the Fiscal Year 2022 budget from the Virginia Department of Social Services to be used for Supplemental Nutrition Assistance Program Education & Training (SNAP E&T). NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $112,708 is hereby appropriated in the following manner: Revenue – $112,708 Fund: 212 Cost Center: 9900000000 G/L Account: 430080 $112,708 Expenditures - $112,708 Fund: 212 Cost Center: 3301009000 G/L Account: 510010 $ 49,511 Fund: 212 Cost Center: 3301009000 G/L Account: 511010 $ 3,787 Fund: 212 Cost Center: 3301009000 G/L Account: 511020 $ 14,678 Fund: 212 Cost Center: 3301009000 G/L Account: 511030 $ 359 Fund: 212 Cost Center: 3301009000 G/L Account: 511040 $ 9,072 Fund: 212 Cost Center: 3301009000 G/L Account: 510161 $ 276 Fund: 212 Cost Center: 3301009000 G/L Account: 510130 $ 2,475 Fund: 212 Cost Center: 3301009000 G/L Account: 525251 $ 486 Fund: 212 Cost Center: 3301009000 G/L Account: 530030 $ 264 Fund: 212 Cost Center: 3301009000 G/L Account: 530320 $ 3,202 Fund: 212 Cost Center: 3301009000 G/L Account: 530216 $ 298 Fund: 212 Cost Center: 3301009000 G/L Account: 520010 $ 800 Fund: 212 Cost Center: 3301009000 G/L Account: 530100 $ 300 Fund: 212 Cost Center: 3301009000 G/L Account: 530020 $ 100 Fund: 212 Cost Center: 3301009000 G/L Account: 530010 $ 1,000 Fund: 212 Cost Center: 3301009000 G/L Account: 530210 $ 300 Fund: 212 Cost Center: 3301009000 G/L Account: 520690 $ 100 Fund: 212 Cost Center: 3301009000 G/L Account: 520030 $ 200 Fund: 212 Cost Center: 3301009000 G/L Account: 520900 $ 300 Fund: 212 Cost Center: 3301009000 G/L Account: 520990 $ 200 Fund: 212 Cost Center: 3333002000 G/L Account: 540060 $ 25,000 Page 27 of 47 September 15, 2021 Ms. Susan Moffett, Director Charlottesville Department of Social Services 120 Seventh St., N.E., P.O. Box 911 Charlottesville, VA 22902 Dear Ms. Moffett, Congratulations! On behalf of the Virginia Department of Social Services, I am pleased to inform you that the Charlottesville Department of Social Services proposal for funding the Supplemental Nutrition Assistance Program Employment and Training (SNAP E&T) has been approved with an effective date of January 1, 2022. Funding for your agency’s SNAP E&T program is as follows: Budget Line 855 (Administrative) $87,708 Budget Line 84403 (Purchase Services) $10,000 Budget Line 84404 (Supportive Services) $15,000 Your agency may request additional funds through BRS on a quarterly basis. Any additional request for funding must be substantiated and justified. Requests will be fulfilled based upon the availability of funds. Please ensure that your agency’s SNAP E&T program is established and operated in accordance with federal and state guidelines as set forth in the U. S. Department of Agriculture/Food and Nutrition Service’s Federal Register 7CFR Parts 271 and 273 and the Commonwealth of Virginia’s SNAP Employment and Training Plan, FFY 2022. If you agree to the terms outlined above, please sign below. It is requested that this signed document be scanned and returned by email within 5 business days to workforceservices@dss.virginia.gov. Sincerely, Julie Jacobs Julie Jacobs Workforce Services Manager This acknowledges that I have read and agree to the terms outlined above. Authorized Signature: Title: _________Director__________________ Date: ________Sept 21, 2021______ 801 East Main Street · Richmond VA · 23219-2901 http://www.dss.virginia.gov · 804-726-7000 · TDD 800-828-1120 Page 28 of 47 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: October 18, 2021 Action Required: Appropriation of Funding Presenter: Sheriff James E. Brown, III Staff Contacts: Sheriff James E. Brown, III Kara C. Thomas, Administrative Assistant Charlottesville Sheriff’s Office Title: General Assembly One-Time Bonus Funding-for the City Sheriff’s Office - $35,525 Background During the 2021 General Assembly Special Session II, a one-time bonus of $3,000 was approved to be paid to all sworn Sheriffs, sheriffs’ deputies and regional jail officers currently funded through the Virginia Compensation Board. The legislative intent was to provide this funding as a one-time bonus to these employees and can not be used to supplant local salary supplement funds. Discussion During the 2021 General Assembly Special Session II, the General Assembly approved the allocation of federal American Rescue Plan Act (ARPA) funding to the Compensation Board to provide a $3,000 one-time bonus in FY22 for Compensation Board-funded sworn Sheriffs, sheriffs’ deputies and regional jail officers. In many localities, the Compensation Board does not adequately fund the total amount of staffing needed for most Sheriffs’ Offices to function. This is true for the Charlottesville Sheriff’s Office. The Charlottesville Sheriff’s Office has three (3) otherwise qualifying positions that would be eligible for the bonus but because those positions are not funded by the Compensation Board, City funds would be need to cover the bonus payout for those three deputies. The funds from the Compensation board will be reimbursed to the City once documentation of the bonus payment has been provided. In order to qualify for reimbursement, the bonuses must be paid out by November 30, 2021. The City Sheriff’s has eleven (11) employees who are eligible to receive the bonus: seven (7) which are reimbursable and four (4) which will need to be covered using City funds. A total of $12,918 (4 bonus payments and FICA taxes) in City funds is being requested to cover the four (4) positions which would not be reimbursed by the Compensation board. Alignment with City Council’s Vision and Strategic Plan This funding will support Goal 2 of the Strategic Plan to be a safe, equitable, thriving, and beautiful community. It specifically supports Goal 2.1, to provide an effective and equitable public safety system. Page 29 of 47 Community Engagement N/A Budgetary Impact Budgetary savings realized through attrition will be used to fund the $12,918 being requested to payout bonuses for the four (4) deputies not covered by the state funding. Recommendation Staff recommends approval and appropriation of the funding. Alternatives The appropriation to approve funding for the non-Compensation Board positions could be denied resulting in not being equitable for members of the Sheriff’s Office and not acknowledging and supporting the work of some members based solely on their funding source. Attachments Resolution Page 30 of 47 RESOLUTION TO APPROPRIATE General Assembly One-Time Bonus Funding-for the City Sheriff’s Office $35,525.00 WHEREAS, the City of Charlottesville will receive a total of $22,607.00 from the State Compensation Board (SCB) as reimbursement for the General Assembly approved the allocation of Federal American Rescue Plan Act (ARPA) funding to the State Compensation Board to provide a $3,000.00 one-time bonus in FY22 for Compensation Board-funded sworn Sheriffs, sheriffs’ deputies and regional jail officers; WHEREAS, the Charlottesville Sheriff’s Office has a total of ten (10) sworn positions that meet the qualifications for the one-time $3,000.00 bonus. Seven (7) are funded with Compensation Board funds and three (4) are fully funded by the City; who also qualify for the $3,000.00 bonus, $12,918.00 in City funds will be used to cover approved to be fair and equitable for sworn members of the Sheriff’s Office. We are requesting an additional $12,918.00 to cover these positions. NOW, THERFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $22,607.00 will be reimbursed by the Compensation board and $12,918.00 in City funds will hereby be appropriated as follows: Revenues - $35,525.00 $22,607.00 Fund: 105 Cost Center: 1501001000 G/L Account: 430030 $12,918.00 Fund: 105 Cost Center: 1501001000 G/L Account: 498010 Expenditures - $35,525.00 $35,525.00 Fund: 105 Cost Center: 1501001000 G/L Account: 510150 Page 31 of 47 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: October 18, 2021 Action Required: Appropriation Presenter: Mike Rogers, Deputy Chief – Business Services, Charlottesville Fire Dept. Staff Contacts: Mike Rogers, Deputy Chief – Business Services, Charlottesville Fire Dept. Fiscal Year 2022 Fire Programs Aid to Locality Funding (Firefund) Title: - $175,965.00 Background: The Code of Virginia provides for the collection of an annual levy each fiscal period from the insurance industry. Such levy is collected by the State Corporation Commission, and the amounts collected are then transferred into the Fire Program Fund (Firefund). These aid to locality monies are then distributed to the jurisdictions to supplement the localities funding for fire service based training, training supplies, training equipment, prevention activities, and some response equipment. This is an annual allotment of funding. All usage and any carryovers are reported out to the Department of Fire Programs at the end of the fiscal period before the next fiscal period monies are granted. The City of Charlottesville has been awarded $175,965.00 in these funds for FY 2022. Discussion: The Aid to Locality monies are distributed annually to aid departments in their training, prevention, and equipment efforts. While the monies cannot be used to directly/indirectly supplant or replace other locality funds, they help us to provide for additional firefighting training resources, logistics, courses, and equipment as outlined in the Department of Fire Programs Aid to Locality allowable uses chart. Alignment with Council Vision Areas and Strategic Plan: The Aid to Locality/Firefund allocation supports the City’s mission “We provide services that promote equity and an excellent quality of life in our community” by providing supplemental training and equipment funding for fire prevention, firefighting, hazardous materials, and technical rescue. With this additional funding being put towards these purposes we are better able to prepare our responders to deliver emergency services and/or information to the citizens, students, business community members, and guests of the City. Page 32 of 47 The assistance from this annual funding allotment also aligns with Goal 2.1, Reduce adverse impact from sudden injury and illness and the effects of chronic disease, as well as the elements within Goal 5 - A Well-managed and Responsive Organization. Community Engagement: N/A Budgetary Impact: There is no impact to the General Fund, as these funds do not require a City match. The FY 2022 funds will be budgeted and expensed in the City’s grant fund. Recommendation: Staff recommends approval and appropriation of grant funds. Alternatives: If Aid to Locality funding is not appropriated, the Fire Department will not be able to utilize this supplemental funding to help support its training, prevention, and equipment efforts. Attachments: Resolution Page 33 of 47 RESOLUTION APPROPRIATING FUNDS for Fiscal Year 2022 Fire Programs Aid to Locality Funding (Firefund) $175,965.00 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 $175,965.00 be appropriated in the following manner: Revenues - $175,965 $175,965 Fund: 209 I/O: 1900010 G/L Account: 430110 Expenditures - $175,965 $175,965 Fund: 209 I/O: 1900010 G/L Account: 599999 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $175,965.00 from the Virginia Department of Fire Programs. Page 34 of 47 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: October 18, 2021 Action Required: Public Hearing and Substantial Action Plan Amendment Presenter: Erin Atak, Grants Coordinator Staff Contacts: Erin Atak, Grants Coordinator Title: Public Hearing of the FY 2021-2022 Substantial Action Plan Amendment and Appropriation of HOME-ARP Funding Background: The City of Charlottesville has been authorized to receive a special allocation of HOME Investment Partnership Program American Rescue Plan (HOME-ARP) funding from the United States Department of Housing and Urban Development (HUD) through the American Rescue Plan Act of 2021. Funds are aimed at providing housing, services, and shelter to individuals experiencing homeless and other vulnerable populations, to be allocated by formula to jurisdictions that qualified for HOME Investment Partnerships Program allocations in Fiscal Year 2021. Given the immediate needs faced by the Charlottesville community, HUD has announced an allocation of $2,452,270 to the City of Charlottesville. Discussion: HOME-ARP funding is separate from the regular, annual HOME entitlement funds that the City receives every year. HOME-ARP funds are available for expenditure until September 2030. These funds can be used for four eligible activities including the production or preservation of affordable housing; tenant-based rental assistance; supportive services, including homeless prevention services and housing counseling; and the purchase or development of non-congregate shelter for individuals and families experiencing homelessness. HOME-ARP funds must be used for individuals or families from the following qualifying populations: homeless; at risk of homelessness; fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking, or human trafficking; other populations where helping would prevent the family’s homelessness would serve those with the greatest risk of housing instability; and veterans and families that include a veteran member that meet one of the preceding criteria. Under the Cooperation Agreement of the HOME Investment Partnership Program, the Thomas Jefferson Planning District Commission members and the City of Charlottesville will begin consulting with homeless service providers, domestic violence service organizations, public housing agencies, and other organizations and agencies before undertaking activities using HOME-ARP funds. Members of the Consortium agree to cooperate to undertake or assist in undertaking housing assistance activities for the HOME Investment Partnership Program, and 1 Page 35 of 47 members per the Cooperation agreement agree to affirmatively further fair housing within the Consortium. Staff will ask that City Council review and approve the HOME-ARP final activity list once the HOME Consortium members have reviewed all project recommendations. Community Engagement: Members of the public were given the opportunity to voice their opinions during the HUD authorized expedited 15-day public comment period between September 29, 2021 through October 13, 2021 and at the public hearing on October 18, 2021. Alignment with City Council’s Vision and Strategic Plan: Approval of this agenda item aligns directly with Council’s vision for Charlottesville to have Economic Sustainability, A Center for Lifelong Learning, Quality Housing Opportunities for All, and A Connected Community. It contributes to variety of Strategic Plan Goals and Objectives including: Goal 1: Inclusive, Self-sufficient Community; Goal 3: Beautiful Environment; Goal 4: Strong, Diversified Economy; and Goal 5: Responsive Organization. Budgetary Impact: None Recommendation: Staff recommends approval of the proposed HOME-ARP Substantial Action Plan Amendment. Funds included in this budget will not be spent until after HUD authorizes the approved FY 2021 amended Substantial Action Plan Amendment. Alternatives: None Attachments: Resolution: Substantial Action Plan Amendment & Appropriation for HOME-ARP funds 2 Page 36 of 47 RESOLUTION Amending the FY2021-2022 Substantial Action Plan and Appropriating HOME- American Rescue Plan Funding BE IT RESOLVED, that the Charlottesville City Council hereby approves the FY2021-2022 Substantial Action Plan Amendment for the 2018-2022 Consolidated Plan as presented on the October 18, 2021 City Council Meeting. All HOME-ARP funding of $2,452,270 shall be included into the City of Charlottesville Annual 2021-2022 Action Plan. Approved by Council October 18, 2021 Kyna Thomas Clerk of Council, MMC 3 Page 37 of 47 CITY OF CHARLOTTESVILLE, VIRGINIA. CITY COUNCIL AGENDA. Agenda Date: October 18, 2021. Actions Required: Approval of Resolution to Appropriate Funds (1st of 2 readings). Presenter: Chris Cullinan, Director of Finance. Staff Contacts: Chris Cullinan, Director of Finance. Chip Boyles, City Manager. Title: Resolution Appropriating Funds from the American Rescue Plan for Eligible Local Activities - $1,192,836. Background: On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (the Act) to provide additional relief for individuals and businesses affected by the coronavirus pandemic. The Act includes funding for state, local, and tribal governments as well as education and COVID-19-related testing, vaccination support, and research. The City of Charlottesville will receive direct funding from the American Rescue Plan (ARP) in two tranches: $9,804,854 already received in May 2021 and $9,804,854 to be received in May 2022 for a total of $19,609,708. These funds must be obligated by December 31, 2024. City Council appropriated $1,986,100 of ARP funds in July 2021 to address urgent community and organizational needs arising from the impacts of COVID-19. City staff continues the process of identifying needs resulting from the impacts of the COVID-19 virus. This appropriation request includes requests to “support the public health response” and “address negative economic impacts caused by the public health emergency”. Discussion: The specific funding requests are detailed below. These requests are eligible for ARP funds per the guidance provided by US Treasury in their May 17, 2021 Interim Final Rule. 1 Page 38 of 47 Request: Information Technology Department. Amount Requested: $175,904. ARP Eligibility: Supporting the public health response. Description: Unbudgeted technology items required to continue to support remote operations securely. Specifically; (1) Adobe Sign for business digital e-signature solution (2) Bluebeam digital markup and editing solution for engineers/planners (3) DUO multi-factor verification for VPN, and (4) Varonis ransomware, information & insider threat protection Request: Upfit of space at Market Street Parking Garage. Amount Requested: $400,000. ARP Eligibility: Address negative economic impacts caused by the public health emergency. Description: Funding is requested to ensure that staff and community members have a safe location to work for and directly with the community. As of August 2021, while the United States has more than enough COVID-19 vaccines a racial gap persisted presenting a grave danger to communities of color. As of August, while Black people make up 12% of the U.S. population, but only account for 9% of people who have received at least one dose of the vaccine. Further, the socioeconomic divide is clear as well - from a July survey by the U.S. Census Bureau, roughly 7 million people who have a household income of less than $25,000 had not received the vaccine, and over 8 million people who have a household income between $25,000-$49,999 have not received the vaccine. The City of Charlottesville's Office of Human Rights, Home to Hope Program, and Jobs Center (via Economic Development) work directly with the community at-large yet are currently in locations where social distancing is difficult as well as locations that have high community foot-traffic. Further, each of those departments and programs provide critical services to our neighbors who happen to be on a low income, or may be a part of a marginalized community. The proposed update to a city-owned location will provide safe and welcoming office space for staff and citizens to engage safely in service provision program support during the time of COVID-19 and beyond. Further, if approved, this move will allow our PCRB staff to relocate from a temporary office space to the current Office of Human Rights for that programs permanent location. This location will also provide the PCRB the ability to safely socially distance versus their temporary office space, as the office currently has a staff of one. While this is also a one-time funding request to immediately provide safe spaces for three community- focused critical departments/programs, the plans have been created where the space could easily flex to another department or program if needed in the future. Request: Department of Social Services – Emergency Shelter. Amount Requested: $15,000. ARP Eligibility: Supporting the public health response. Description: In the state of Virginia, local departments of social services are mandated to provide emergency shelters for residents during emergency operations. Shelters are primarily opened due to 2 Page 39 of 47 weather emergencies; but can be opened for other reasons depending on the emergency situation. To mitigate potential Covid exposure for residents and department employees, the department plans to implement non-congregate shelters if the need arises, using single room hotels for placement. These funds would be used to pay for hotels, meals, transportation, and other associated resident needs. Funding may also be used for staff overtime when needed to coordinate placements. The department plans to incorporate this funding request into its FY23 budget submission; but would be open to accessing ongoing ARPA funds if available. Request: COVID testing for City employees. Amount Requested: $500,000. ARP Eligibility: Supporting the public health response. Description: These funds would cover approximately 6 months of COVID testing for City employees. Request: Human Services request for one full time long-term temporary employee for one year to support Community Resource Hotline/Housing Navigation needs. Amount Requested: $80,751. ARP Eligibility: Address negative economic impacts caused by the public health emergency. Description: Salary, plus benefits (not retirement) and IT phone system/software to address call volume into the Community Resource Hotline, one year of service. Request: Communications Department – annual Zoom renewal. Amount Requested: $1,181. ARP Eligibility: Supporting the public health response. Description: Two Zoom webinar accounts for virtual public meetings required by the state of emergency and the continuity of government ordinance. Request: Treasurer’s Office- continuation of the Ambassador’s Program. Amount Requested: $20,000. ARP Eligibility: Supporting the public health response. Description: This staffing request would continue for the provision of temporary staff to service customers through an appointment system for the lobby area of City Hall to maintain social distancing and capacity limits. Budgetary Impact: This request in addition to the previous ARP appropriation totals $3,178,936. If Council approves this second appropriation, the remaining balance of ARP funds totals $6,625,918. . Alignment with Council Vision Areas and Strategic Plan: This resolution contributes to Goal 1 of the Strategic Plan, to be an inclusive community of self-sufficient residents; Goal 2 to be a healthy and safe City; and Goal 5 to be a well-managed and responsive organization. 3 Page 40 of 47 Recommendation: Staff recommend that Council approve the attached resolution. Alternatives: City Council may elect not to appropriate funding for these purposes at this time or may elect other ARP eligible program expenditures. Attachments: Resolution 4 Page 41 of 47 RESOLUTION APPROPRIATING FUNDING FOR American Rescue Plan for Eligible Local Activities $1,192,836 BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the sum of $1,192,836 from American Rescue Plan funding is hereby designated to be available for expenditure for costs associated with following eligible purposes and amounts: Information Technology Department. $175,904. Upfit of Market Street Parking Garage Space. $400,000. Department of Social Services – Emergency Shelter. $15,000. COVID testing for City Employees. $500,000. Human Services Support for Community Resource Hotline and Housing Navigation. $80,751. Communications Department – Zoom Renewal. $1,181. Treasurer’s Office – Continuation of Ambassador Program. $20,000. TOTAL. $1,192,836. Revenues - $1,192,836 Fund: 207 Cost Center: 9900000000 G/L Account: 430120 Expenditures - $1,192,836 Fund: 207 I/O: 1900437 G/L Account: 599999 $177,085 Fund: 207 I/O: 1900438 G/L Account: 599999 $400,000 Fund: 207 I/O: 1900439 G/L Account: 599999 $15,000 Fund: 207 I/O: 1900440 G/L Account: 599999 $500,000 Fund: 207 I/O: 1900441 G/L Account: 599999 $80,751 Fund: 207 I/O: 1900442 G/L Account: 599999 $20,000 5 Page 42 of 47 434.977.2970 RIVANNA SOLID WASTE AUTHORITY 695 Moores Creek Lane Charlottesville, Virginia 22902-9016 434.293.8858 RIVANNA WATER & SEWER AUTHORITY RIVANNA SOLID WASTE AUTHORITY www.rivanna.org RIVANNA WATER & SEWER AUTHORITY MEMORANDUM TO: THE HONORABLE CHARLOTTESVILLE CITY COUNCIL FROM: BILL MAWYER, EXECUTIVE DIRECTOR RIVANNA WATER & SEWER AUTHORITY RIVANNA SOLID WASTE AUTHORITY SUBJECT: QUARTERLY UPDATE DATE: OCTOBER 2021 This quarterly update is to provide general information on the drinking water supply and treatment, wastewater collection and treatment, and solid waste programs managed by the Rivanna Authorities, as follows: 1. Drinking Water Supply as of October 4, 2021: Urban reservoirs (Sugar Hollow, South Rivanna, Ragged Mountain) are in good condition and collectively are 92% full, as we move into our typical fall and winter rainy season. Our most essential urban reservoir, South Rivanna, is 100% full and overflowing. 2. VDEQ Drought Monitoring Report as of September 30, 2021: Conditions are normal in central Virginia. 3. The production of drinking water for the Urban area (Charlottesville and adjacent developed areas of Albemarle) averaged 9.85 million gallons per day (mgd) in September 2021 (FY 2022), which was below the five-year average for September (10.66 mgd), as shown by the following graph: Page 43 of 47 Urban Water Flows 12.00 11.00 Million Gallons Per Day 10.00 9.00 8.00 7.00 6.00 5.00 July Aug. Sept. Oct. Nov. Dec. Jan. Feb. Mar. Apr. May June 5 YR AVG. 10.81 10.48 10.66 9.77 8.57 7.79 7.93 8.28 8.25 8.86 9.51 10.01 FY 2020 10.79 10.62 11.18 10.14 8.59 7.98 8.16 8.39 8.14 7.85 8.39 9.74 FY 2021 10.78 10.10 10.17 9.81 8.94 8.26 8.07 8.35 8.79 9.17 10.26 10.62 FY 2022 11.04 10.98 9.85 4. Urban wastewater flow for September 2021 (10.78 mgd), including flows from Crozet, was slightly above the five-year average for September (10.29 mgd), as shown by the following graph: Urban Wastewater Flows 14.0 13.0 Million Gallons Per Day 12.0 11.0 10.0 9.0 8.0 7.0 6.0 5.0 July Aug. Sept. Oct. Nov. Dec. Jan. Feb. Mar. Apr. May June 5 YR AVG 9.11 10.07 10.29 10.29 10.78 10.63 10.10 11.37 10.19 10.39 10.81 9.64 FY 2020 9.58 9.66 9.48 10.26 9.63 9.38 10.37 10.84 8.99 10.56 9.66 9.19 FY 2021 9.03 10.20 10.10 10.79 11.85 12.75 10.06 11.95 10.67 10.72 9.51 9.27 FY 2022 8.84 9.23 10.78 5. A general overview of significant current and future water and wastewater Capital Improvement Projects is provided below. Costs for these projects are typically shared between the City Utilities Department (48%) and the Albemarle County Service Authority (52%). 2 Page 44 of 47 A. Water Treatment Plant Renovations Scope: Replace equipment which has reached end-of-service life at the South Rivanna and Observatory Water Treatment Plants. Increase water treatment capacity from 7.7 to 10 million gallons per day at the Observatory Water Treatment Plant. Completion: 2020 - 2023 Cost: $43 million B. Exterior Lighting Replacement, Moores Creek Wastewater Treatment Facility Scope: Replace exterior lighting fixtures and poles on the 80-acre facility to improve safety and compliance with Albemarle County lighting requirements. Completion: April 2021 – February 2022 Cost: $0.6 million C. Electrical System Replacement, Moores Creek Wastewater Treatment Facility Scope: Replace major electrical cabling, transformers and motor control centers installed around 1980 which have reached the end of their service lives. Completion: March 2022 – June 2024 Cost: $5 million D. Water Pipe and Pump Stations Replacement, Ragged Mountain Reservoir to Observatory Water Treatment Plant Scope: Replace untreated water pipes and two water pump stations which have reached the end of their service lives or will require significant upgrades to adequately support the increased treatment capacity of the upgraded Observatory Water Treatment Plant. Completion: 2023 - 2027 Cost: $25 million E. Urban Area “Central” Water Pipe Scope: Water piping improvements to increase capacity and maintain pressure in the Urban drinking water system. This five-mile long piping project will extend from the Stadium Road area to the Long / High Street bridge. Completion: 2023 - 2027 Cost: $25 M F. Upper Schenks Branch Wastewater Piping Replacement, Phase II Scope: Replace sewer piping installed in the mid 1950’s in conjunction with the City’s sewer upgrade program to increase system capacity. The new piping will be located along McIntire Road between the McIntire Recycling Center and Preston Avenue. Completion: TBD Cost: $5 million: 100% City G. South Rivanna to Ragged Mountain Reservoir Pipe Scope: Acquire easements and construct a pipe to transfer untreated water between the South Rivanna and Ragged Mountain reservoirs, as required by the Community Water Supply plan completed in 2012. A short section will be constructed from Birdwood to Old Garth Road in 2022 – 2023. Completion: 2027 - 2033 Cost: $80 million: 80% ACSA / 20% City 6. The recycling program at the McIntire Recycling Center and the Paper Sort processing facility continues to be a very popular service for our community. Tonnage from mixed paper, cardboard 3 Page 45 of 47 (including pizza boxes), glass, plastics, metals, compostable food waste and cooking oil continues to increase, as shown below: 7. By increasing the number of days/week the Transfer Station is open, and by lowering the disposal fee from $66/ton to $52/ton, average refuse volume at the Ivy Transfer Station has increased from 105.68 tons per day in September 2019 to 174.03 tons per day in September 2021, as shown below: 4 Page 46 of 47 8. Keene Convenience Center Design is underway for a recycling and bagged residential refuse collection center to be constructed in southern Albemarle County. Completion: January - August 2022 Cost: $1.1 million: 100% Albemarle County Please let me know if you have any questions. cc: RSWA Board of Directors RWSA Board of Directors 5 Page 47 of 47