CHARLOTTESVILLE CITY COUNCIL MEETING October 18, 2021 Virtual/electronic meeting via ZOOM 5:30 PM CLOSED MEETING The Charlottesville City Council met in an electronic meeting on Monday, October 18, 2021, in accordance with a local ordinance amended and re-enacted on October 4, 2021, to ensure continuity of government and prevent the spread of disease during the coronavirus State of Emergency. Mayor Walker called the meeting to order at 5:15 p.m., and Clerk of Council Kyna Thomas called the roll, noting all members present: Mayor Nikuyah Walker, Vice Mayor Sena Magill, and Councilors Heather Hill, Michael Payne and Lloyd Snook. 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), (A)(7) and (A)(8), for: discussion of prospective candidates for employment as interim city manager; discussion and consideration of the relationships among city councilors, and among city councilors and the city attorney’s office; update regarding pending litigation (Charlottesville circuit court civil case no. CL21-116 and a personnel matter appealed pursuant to Sec. 13.5 of the Grievance Procedures), and consultation with legal counsel regarding resignation of the city manager and administrative and operational matters within the city manager’s office and police department. 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 6:43 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 Monday, October 18, 2021, in accordance with a local ordinance amended and re-enacted on October 4, 2021, to ensure continuity of government and prevent the spread of disease during the coronavirus State of Emergency. Mayor Walker called the meeting to order at 6:44 p.m., and City Council observed a moment of silence. Clerk of Council Kyna Thomas called the roll, noting all members present: Mayor Nikuyah Walker, Vice Mayor Sena Magill, and Councilors Heather Hill, Michael Payne and Lloyd Snook. AGENDA APPROVAL On motion by Councilor Hill, seconded by Councilor Snook, Council unanimously approved the meeting agenda. ANNOUNCEMENTS Vice Mayor Magill congratulated city staff for winning three environmental awards for sustainability. RECOGNITIONS/PROCLAMATIONS Mayor Walker recognized city staff for achieving recognition in the following three areas: • In July, the City was announced a winner of the 2020-2021 Better Business Challenge (hosted by the local nonprofit, C3). This year's competition included 75 area businesses, nonprofits, and schools who took actions to reduce their environmental impacts. • In August, Charlottesville was approved as a DEQ Virginia Environmental Excellence Program (VEEP) Sustainability Partner for the 9th consecutive year. The VEEP Sustainability Partners track is designed to encourage organizations across Virginia to make environmental sustainability part of their culture through leadership, innovation, and continual improvement. Organizations must demonstrate this commitment through measurable and verifiable conservation efforts, leading to direct and indirect improvements in energy usage, water usage, waste generation, and other environmental benefits. • In September, the City of Charlottesville was selected as a 2021 EPA WaterSense Program Sustained Excellence award winner. This is the 4th time the City has achieved this award level and the 7th year of receiving awards through this program. WaterSense partners contribute to the program's success by enhancing the market for water–efficient products, practices, and services. CONSENT AGENDA* Clerk of Council Kyna Thomas read the following Consent Agenda items into the record: 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) 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. 3. RESOLUTION: Appropriating funding award for the Supplemental Nutrition Assistance Program Employment and Training (SNAP E&T) - $112,708 (2nd reading) 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 4. RESOLUTION: Appropriating General Assembly One-time Bonus Funding-for the City Sheriff’s Office - $35,525.00 (carried) 5. RESOLUTION: Appropriating Fiscal Year 2022 Fire Programs Aid to Locality Funding (Firefund) - $175,965.00 (carried) Mayor Walker opened the floor for comment on the Consent Agenda. There were no speakers. Councilor Hill moved to approve the Consent Agenda, seconded by Vice Mayor Magill. A friendly amendment was accepted from Councilor Snook regarding corrections for the resolution in Item 4, related to the number of deputies included. Mayor Walker commented about equitable pay for the Sheriff’s office and making employee compensation in general a priority. Council by the following vote APPROVED the Consent Agenda: 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker; Noes: none). Mayor Walker offered Sheriff James Brown a moment to speak about Item #4 and he provided clarifying information about pay. CITY MANAGER RESPONSE TO COMMUNITY MATTERS and to COUNCILORS There was no update. COMMUNITY MATTERS 1. Lauri Shirck, UVA parent, spoke about community safety related to gunfire in the city, and comments made at the last City Council meeting. 2. Marcy Garcia, UVA parent, spoke about public safety related to gunfire near UVA grounds, and asked that University and Charlottesville police work collaboratively. 3. Jean Hiatt, city resident, spoke about litter on side streets near the Downtown Mall. Regarding Rose Hill, she asked that the speed limit be reduced to 25 miles per hour and a 4-way stop be added near Burley Middle School. She shared a concern about the size of a building under construction at Rose Hill and Amherst. 4. Katrina Turner, city resident, spoke in response to comments from UVA parents about community safety. She read an email statement from Bellamy Brown, Chair of the Police Civilian Review Board (PCRB) to Councilor Hill regarding the process for hiring the Executive Director for the PCRB. 5. Robin Hoffman, city resident, spoke in support of the work done by staff at the Charlottesville Community Media Center. 6. Jeffrey Fogel, city resident, spoke in response to comments from UVA parents regarding community safety, advising of the reduction in crime over time in the city, and the need to evaluate today's needs versus the needs of years ago. 7. Gloria Beard, city resident, asked about the previous Registrar Melissa Morton. She expressed that the current people in place in the Registrar’s Office have been disrespectful to people of color. 8. Justin Reid, city resident, spoke about concerns for community safety and stated that he does not want UVA parents determining the safety of the city. He expressed concern that police have not reached out to neighborhood associations. 9. Vizena Howard, city resident and native of Charlottesville, expressed concern that attention would be given to safety issues because of concerns expressed by UVA parents rather than concerns expressed by black and brown residents for years. She expressed disappointment in councilors for lack of support for the mayor. 10. Genevieve Keller, city resident, shared a personal story regarding a pleasant encounter with a police officer. Councilor Hill provided a response to comments from Ms. Turner regarding the hiring of the PCRB Executive Director and comments from the PCRB Chair. She also responded to comments about city safety and expressed support for the concerns of parents and residents. Mayor Walker addressed Ms. Beard's comment and advised that the Electoral Board makes decisions about the General Registrar. She expressed concern about safety discussions being centered around UVA students and the need to take into consideration the viewpoints of native residents. ACTION ITEMS 6. PUBLIC HEARING/RESOLUTION: Amending the FY 2021-2022 Substantial Action Plan and appropriating HOME-ARP (American Rescue Plan) funding (carried) Erin Atak, Grants Coordinator, provided a detailed report to introduce the request. Mayor Walker opened the public hearing. There were no speakers. Mayor Walker closed the public hearing. Council agreed to move the item to the November 1 Consent Agenda for the second reading. 7. RESOLUTION: Appropriating American Rescue Plan funds - $1,192,836 (carried) Chris Cullinan, Director of Finance, introduced the resolution and provided information regarding available funds, funding requests, and American Rescue Plan (ARP) guidelines. Mayor Walker suggested that funds be used to provide a bonus for employees. Mr. Cullinan mentioned premium pay guidelines of the ARP, linking job duties as related to risk of Covid. He explained that the final ARP rules had not yet been determined. Councilors made comments and asked questions about Covid testing, the ambassador program, and the Pathways re-entry program, intended uses for reconfigured office space, future projects, and the treatment of vacation time for employees who have not been able to take time off. Mr. Cullinan and Deputy City Manager Ashley Marshall provided responses. Council agreed to move the item to the November 1 Consent Agenda for the second reading. GENERAL BUSINESS 8. REPORT: Rivanna Authorities quarterly report (written report only) Councilor Snook addressed a question received from Dede Smith by email regarding the route of the central water pipe project. Based on information that Councilor Snook received from Rivanna Authorities personnel, between 2023 and 2027 the Rivanna Water and Sewer Authority is projecting that they will do a replacement of central water pipe that runs from the observatory water treatment plant through Charlottesville along a route which may include: Stadium Road, JPA Extended, Cleveland Avenue, Cherry Avenue, Elliott Avenue, 6th Street, 10th or 11th Street, and East High Street at the intersection with Long Street. The design engineering consultant is completing detailed surveys of existing surface conditions and underground utilities to try to assess any conflicts and finalize the route. They expect to finalize the route within 12-18 months and begin construction in 2024. To complete the full five miles of replacement would take 2-3 years. OTHER BUSINESS There were no additional items for consideration. MATTERS BY THE PUBLIC Mayor Walker opened the floor for public comment. - Gregory Weaver, city resident, commented about consequences of climate change denialism, and provided information about density and emissions. - Kathryn Laughon spoke in response to comments from UVA mothers, advising that increased police presence would not make her feel safer. She spoke in support of a proposal from the Jefferson School African American Heritage Center regarding disposition of the removed Lee statue. - Ang Conn, city resident, asked about City Council response to the City Manager's communication with the Police Benevolent Association. She asked about Councilor Payne's views on continued police reform within the Charlottesville Police Department. • Councilor Payne provided a response. - Katrina Turner, city resident, commented on City Manager Chip Boyles's reasoning for resignation and councilors who expressed support. - Robin Hoffman, city resident, encouraged people to get vaccinated for Covid-19. The meeting adjourned 8:29 p.m. BY Order of City Council BY Kyna Thomas, Clerk of Council