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  • City of Charlottesville
  • Council Work Session 12/10/2020
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Council Work Session   12/10/2020

Attachments
  • AGENDA_20201210Dec10-BudgetWS
  • Budget Work Session Presentation 12/10/2020
  • MINS_202201210Dec10WS
    • SPEAKER_11
    • 00:02:17
      Good evening, team.
    • SPEAKER_13
    • 00:02:19
      Good evening.
    • SPEAKER_02
    • 00:03:13
      Brandon, are we waiting for Michael?
    • 00:03:15
      I'm not missing a minute.
    • 00:03:20
      Just give him another minute or so.
    • SPEAKER_13
    • 00:04:07
      And he's joining now, Mayor Walker.
    • SPEAKER_02
    • 00:04:08
      All right.
    • 00:04:12
      Thank you all for joining us this evening.
    • 00:04:17
      Thanks to staff for the work that they put into preparing this presentation.
    • 00:04:23
      And I will turn it over to Ms.
    • 00:04:26
      Thomas to call this meeting to order.
    • 00:04:28
      I mean, I call the meeting to order to take roll.
    • 00:04:32
      Councilor Payne?
    • Lloyd Snook
    • 00:04:35
      Here.
    • SPEAKER_03
    • 00:04:37
      Councilor Snook?
    • Lloyd Snook
    • 00:04:38
      Here.
    • SPEAKER_03
    • 00:04:39
      Mayor Walker?
    • 00:04:40
      Present.
    • 00:04:41
      Vice Mayor Magill?
    • 00:04:43
      Here.
    • 00:04:44
      Councilor Hill?
    • 00:04:45
      Here.
    • SPEAKER_02
    • 00:04:46
      All right, thank you.
    • 00:04:49
      And Mr. Blair, would you like to start?
    • SPEAKER_00
    • 00:04:54
      Thank you, Mayor Walker.
    • 00:04:56
      We will be going through the budget presentation tonight.
    • 00:05:01
      I want to thank all of the staff who's worked hard on that.
    • 00:05:06
      But additionally, at the end of the meeting, in light of the governor's executive order, we'll be turning or asking Miss Robertson to talk about our local COVID ordinance and ask her to describe to council the possibilities of amending or rescinding the local ordinance at this time.
    • 00:05:33
      given that the governor again today announced new restrictions that are not congruent with what the council adopted on Monday night.
    • 00:05:43
      But with that, I wanna thank everybody and I will turn this over to Mr. Davidson.
    • SPEAKER_12
    • 00:05:51
      Thank you.
    • 00:05:52
      Brian, you can go ahead and start the presentation, please.
    • 00:05:59
      Okay, moving on to the next slide.
    • 00:06:04
      So tonight, here's the agenda for tonight.
    • 00:06:07
      We're going to start off with Ms.
    • 00:06:08
      Demick's going to be giving a informational update on the Vibrant Community Fund process.
    • 00:06:13
      Then we'll discuss our budget development guidelines as we do annually with City Council for the FY22 process.
    • 00:06:21
      And then we'll end with the budget development expectations and Council's budget development priorities.
    • 00:06:29
      And then as Mr. Blair said, we'll circle back to the ordinance after that.
    • 00:06:34
      Next slide.
    • 00:06:36
      So these are just a few slides that we've shown before, a few of the key dates.
    • 00:06:40
      These are the public hearings and formal presentations.
    • 00:06:43
      Our next meeting related to the 22 process begins on January, is the January 12th Planning Commission meeting on the CIP.
    • SPEAKER_05
    • 00:06:52
      Next slide.
    • SPEAKER_12
    • 00:06:56
      These, in addition to the public hearings and formal presentations, these are
    • 00:07:01
      Our work sessions we currently have scheduled on the FY22 budget.
    • 00:07:05
      And as you can see, our next work session we have scheduled at this point is in January, January 26th, followed by a school board work session that same.
    • 00:07:18
      Okay, Brian.
    • 00:07:20
      So now we're gonna begin talking and provide you with an update on the Vibrant Community Fund process.
    • 00:07:26
      We're really not asking for any decision points from council on this tonight.
    • 00:07:30
      We're currently already reviewing the FY22 applications for the FY22 cycle.
    • 00:07:35
      But as the last budget cycle was the first time that several of council had any direct involvement or direct exposure to the Vibrant Community Fund, we wanted to start with a brief overview of how we got here, followed by some updates related to the FY22 process.
    • 00:07:51
      And at this point, I'm going to turn this over to Ms.
    • 00:07:54
      Demick to walk us through the information on the next couple of slides.
    • SPEAKER_06
    • 00:08:01
      Good evening, everybody.
    • 00:08:03
      One of the things I wanted to just open with was that we are still in process.
    • 00:08:09
      We've been in process for some time to try to improve the Vibrant Community Fund, which is previously identified as the agency budget review team process.
    • 00:08:18
      It has been a method for funding local nonprofits in this community for a very long time.
    • 00:08:24
      And so it has evolved many times and it's
    • 00:08:28
      Current evolution is taking several years to get it right.
    • 00:08:32
      And I think many of the sort of tensions or sort of challenging spots from last year really had to do with the fact that we weren't quite there yet.
    • 00:08:42
      And I think that that's the method or the message this year as well.
    • 00:08:46
      We're not quite there yet.
    • 00:08:47
      And so I would just like you all to be
    • 00:08:50
      aware that staff knows that we're not quite at the place where we have made all of the changes that any of us hope to make to the process.
    • 00:08:59
      So just a little bit of a sort of expectations management for us as well as maybe for you during the decision making process.
    • 00:09:05
      You can see that this latest evolution has really began in earnest in 2018 when the mayor
    • 00:09:13
      I created an ad hoc work group to start to identify ways to improve the process, namely one of the major themes there was to get more feedback from consumers of nonprofit experiences into our decision making process.
    • 00:09:25
      There were lots of other both process and priority changes that were made in that process too.
    • 00:09:32
      In May of last year, which seems a long, long time ago, but May of last year, Council adopted five broad priority areas.
    • 00:09:42
      We heard during the process last year, during the actual allocation process, that actually there was a sixth priority area, which we adopted again this year.
    • 00:09:54
      During this time, Albemarle County declined to make the changes that we were going through and opted to move forward with its own independent process.
    • 00:10:02
      And so this year, there was a really completely separate process with Albemarle County, from Albemarle County.
    • 00:10:08
      A work group was established last year as well to help identify additional priorities and process changes.
    • 00:10:15
      And due to the pandemic, the council has extended the deadline for its report and recommendations until May of next year.
    • 00:10:25
      Next slide, Brian, please.
    • 00:10:27
      So in August of this year, heading into the process where we provide guidance to nonprofits for the application process, we asked for guidance in the following areas.
    • 00:10:41
      We asked about whether you all wanted to retain the existing five priority areas, add equity as a priority area, rank the priority areas,
    • 00:10:50
      Designate a percentage of funding to each funding area.
    • 00:10:53
      Increase, maintain, or decrease historic funding for arts and culture.
    • 00:10:57
      Provide more funding to fewer agencies or less funding for more agencies.
    • 00:11:02
      Respond to a few specific community needs versus responding to more general community needs.
    • 00:11:07
      Next slide, please.
    • 00:11:11
      So the process changes that were made for the fiscal year 2022 Vibrant Community Fund process were to add equity to the list of priorities based on very strong, very clear feedback from you all in the last process.
    • 00:11:25
      We provided a new likely temporary method for arts and culture applications, application and evaluation improvements, and continue historical funding overall for Vibrant Community Fund pool.
    • 00:11:38
      Next slide, please.
    • 00:11:41
      Right now, we're smack dab in the middle of reviewing the process.
    • 00:11:44
      Most of the review teams have two meetings scheduled, and most have had their first meeting but not their second.
    • 00:11:51
      Many of those review teams will have their second meeting to reconcile their scores and have their final discussions after potential site visits in the first week of January.
    • 00:12:02
      We have received 53 applications for funding.
    • 00:12:05
      You can see where the distribution of those
    • 00:12:09
      applications is.
    • 00:12:10
      I think it's important to note that many applicants identified that they feel like their services actually fall into multiple priority areas.
    • 00:12:17
      We allow them to choose as their primary heading into the process.
    • 00:12:23
      We received 10 applications for arts and culture funding and nine applications for capacity building.
    • 00:12:29
      Next slide, please.
    • 00:12:32
      So the impact of the pandemic on the vibrant community process has been significant, not surprisingly.
    • 00:12:38
      Planned community meetings on improving the application process for arts and culture program did not occur.
    • 00:12:43
      The measurements and solutions work group was interrupted.
    • 00:12:47
      Many agencies pivoted services to focus on emergency rather than previous goals very appropriately and many of them in a really flexible and nimble way for which we are eternally grateful on responding to needs in our community during this time.
    • 00:13:01
      Many agencies moved to virtual services, which in some cases resulted in fewer people being served overall.
    • 00:13:07
      And obviously, and you all are painfully aware of this, the community for financial assistance, food, health and mental health services has really sharply and consistently increased.
    • 00:13:17
      I don't think we saw a spike that has stopped since that beginning of the pandemic in March.
    • SPEAKER_04
    • 00:13:26
      Next slide, please.
    • 00:13:29
      Maybe there isn't a next slide for us.
    • 00:13:31
      Yeah, there you go.
    • 00:13:33
      Thank you.
    • 00:13:37
      Any questions now?
    • 00:13:39
      Brian, how would you like to?
    • SPEAKER_12
    • 00:13:41
      Well, if there were questions, we could
    • 00:13:44
      to answer any questions that council may have about the process.
    • 00:13:48
      Or if not, we can continue on with our discussion on the budget guidelines.
    • SPEAKER_11
    • 00:14:02
      You said that some organizations identify two priority areas.
    • 00:14:05
      Is it safe to say that in the delineation that you showed on the slide that's recognizing that they consider their first priority area or their most prominent?
    • SPEAKER_06
    • 00:14:15
      I think that's true for a number of organizations.
    • 00:14:17
      I'm thinking of Legal Aid, one of their applications.
    • 00:14:22
      They identified two priority areas that they have the impact, but they clearly stated in their narrative that they actually impact all six of the priority areas.
    • 00:14:33
      We forced them into the position of choosing two and didn't contemplate the fact that some of the agencies have a service or an impact that is more global rather than specific.
    • 00:14:44
      And so it's just something to note as we think about the impact of identifying the priority areas.
    • SPEAKER_11
    • 00:14:51
      Are you comfortable just sharing just in a high level like what the asks are versus what we know our budget to be?
    • SPEAKER_06
    • 00:15:00
      I haven't looked at all of the applications enough to know that.
    • 00:15:02
      I can tell you in the group that I'm in, I've seen that the requests are higher than last year, but not universally.
    • SPEAKER_05
    • 00:15:11
      Okay, thank you.
    • SPEAKER_12
    • 00:15:24
      Okay, if there's no other questions, we'll go ahead and
    • 00:15:30
      Move along to the budget priorities.
    • 00:15:33
      Each year, the budget office staff presents a draft set of the budget guidelines for the upcoming fiscal year for council to adopt.
    • 00:15:39
      This helps us with planning and preparing the budget and establishing the broad goals and guiding the decision-making for the upcoming and for, in some cases, future fiscal years.
    • 00:15:51
      I'm not going to read through each of these individually as most of them are fairly similar or didn't change much from prior years.
    • 00:16:00
      However, I did want to point out two of these.
    • 00:16:04
      First, I want to put number three related to the incorporating the strategic plan areas.
    • 00:16:10
      I know we're going to be continuing the strategic plan discussion in the future, but our last
    • 00:16:16
      budget work session council agreed to extend the current strategic plan, at least partially because of the large tie-in that the strategic plan has with budget development.
    • 00:16:25
      So those are the goals we'll be using for the FY22 budget.
    • 00:16:31
      And also the number four on this list is
    • 00:16:35
      New, and as you're well aware, we're dealing with the effects of the pandemic and are still somewhat uncertain of its effects as we move into the FY22 budget.
    • 00:16:43
      So this guideline was added to help us to deal with those effects and give us some guidelines as far as that goes.
    • 00:16:54
      And so if there's any questions on any of them on this slide, happy to answer or discuss those, or we can discuss them at the end after we've talked about all of them.
    • 00:17:08
      So for this slide, there are no, there's no new or substantially changed budget guidelines from the previous fiscal year on this.
    • 00:17:18
      However, we did want to highlight and point out the first guideline related to the school's funding for potential discussion or consideration if council wanted to.
    • 00:17:28
      As we've discussed the larger schools reconfiguration project and potential funding needs on that project, as well as some of the uncertainty in FY22 revenue sources did not know.
    • SPEAKER_11
    • 00:17:38
      if there was further discussion that council wanted on this or if there was any questions they had about this potential guideline or if everyone's... I guess the question is are we looking to start now taking that additional 40% of new real estate, allocating it to schools but saying that no, this has to go towards this larger effort
    • 00:18:03
      with capital projects that we know are on the horizon, because if we don't start supporting that now, we're not going to get there.
    • 00:18:09
      And so I guess is that why it's being highlighted?
    • SPEAKER_12
    • 00:18:13
      Yes, that is part of the discussion.
    • SPEAKER_00
    • 00:18:20
      It is.
    • 00:18:21
      And again, this is more of that idea that when you get to your CIP and that
    • 00:18:31
      you know, as that being part of your budget.
    • 00:18:34
      Obviously, if school reconfiguration, if the council wants to go forward with that, again, we've talked about this particular item at the last work session, we went over a couple of other possibilities, right, including number one, outside of this guideline being
    • 00:18:58
      the large capital project annual appropriation to schools.
    • 00:19:04
      We also talked about the idea of establishing a policy that either all or a certain percentage of any budget surplus goes directly to a capital account for school reconfiguration.
    • 00:19:20
      But again, this is highlighted as Mr. Davidson noted because it's currently a budget guideline and it's,
    • 00:19:28
      One of the options we gave you that if council decides to go forward on school reconfiguration, something you can look at as part of that capital buildup for the actual project rather than looking at tax increase or reallocation of other capital needs.
    • 00:19:50
      Again, it's just highlighted for your discussion and if council just wants to
    • 00:19:55
      Let it remain the same for this year and revisit it next year.
    • 00:19:58
      That's certainly your policy priority.
    • 00:20:00
      But again, wanted to highlight this.
    • 00:20:03
      And again, a couple of the other options we talked about.
    • 00:20:07
      When you look at just pure budgetary things you can do in terms of building up the capital for that school reconfiguration project.
    • Lloyd Snook
    • 00:20:19
      Is there any expectation that we're going to, or that the schools are going to begin the actual construction in fiscal year 21, 22?
    • 00:20:26
      I think that would be a stretch.
    • 00:20:26
      I think that would be a stretch.
    • 00:20:27
      I think that would be a stretch.
    • 00:20:28
      I think that would be a stretch.
    • 00:20:29
      I think that would be a stretch.
    • 00:20:32
      I think that would be a stretch.
    • SPEAKER_12
    • 00:20:34
      I think that would be a stretch.
    • 00:20:34
      I think that would be a stretch.
    • SPEAKER_07
    • 00:20:35
      I think that would be a stretch.
    • SPEAKER_12
    • 00:20:36
      I think that would be a stretch.
    • 00:20:36
      I think that would be a stretch.
    • SPEAKER_07
    • 00:20:37
      I think that would be a stretch.
    • Lloyd Snook
    • 00:20:38
      I think that would be a stretch.
    • 00:20:39
      I think that would be a stretch.
    • 00:20:39
      I think that would be a stretch.
    • 00:20:40
      I think that would be a stretch.
    • 00:20:41
      I think that would be a stretch.
    • 00:20:42
      I think that would be a stretch.
    • 00:20:43
      I think that would be a stretch.
    • 00:20:44
      I think that would be a stretch.
    • 00:20:45
      I think that would be a stretch.
    • 00:20:45
      I think that would be a stretch.
    • 00:20:46
      I think that would be a stretch.
    • 00:20:47
      I think that would be a stretch.
    • 00:20:48
      I think that would
    • SPEAKER_09
    • 00:20:52
      And I guess just one other thing to think about in this time of COVID, when lots of our revenues are declining, there could be a scenario in which real estate would increase, but other revenues may decrease.
    • 00:21:08
      And so do we still wanna commit this particular formula if that were a scenario that came up?
    • 00:21:15
      That's also something to think about as well.
    • SPEAKER_11
    • 00:21:18
      Thank you for raising that, Christy, because that actually was on my mind.
    • 00:21:20
      I mean, I can see us having a revenue shortfall.
    • 00:21:23
      It may not fall in the category of real estate, but I would like us to be able to talk about this.
    • 00:21:27
      I just think it would be helpful to have some flexibility there as we kind of see how things play out.
    • SPEAKER_05
    • 00:21:33
      But whenever it's time for us to discuss that, we certainly should.
    • SPEAKER_12
    • 00:21:47
      And then
    • 00:21:49
      One other area I did want to point out on this slide was number 10, which is transferring at least 3% of the general fund expenditures to the CIP.
    • 00:21:57
      Last year, as you'll remember, instead of doing that, we transferred, we used that cash as the COVID reserve.
    • 00:22:07
      And so right now our anticipation would be to go back to our
    • 00:22:12
      our previous policy of transferring that 3% of the general fund expenditures as our pay go for the CIP and to meet with our kind of our long-term financial plan policies and the previous policies we had set out and show that that was kind of the one-time response to the COVID and not something that where we were gonna continue to reduce the cash influx into the CIP.
    • SPEAKER_05
    • 00:22:41
      And I just have a question.
    • SPEAKER_02
    • 00:22:42
      What number is this?
    • 00:22:45
      So in terms of funding no new programs or major expansion to existing programs, I think that it is, I have a program that I'm going to submit to council and whether they fund it or not,
    • 00:23:03
      I think it's hard to have that conversation, especially what happens to the most vulnerable people during times like this and the uncertainties that this pandemic produced.
    • 00:23:14
      We can't say that things that we already know haven't necessarily worked because we are in this crisis pre-pandemic are worth continuing to fund just because we have been doing those things.
    • 00:23:27
      So
    • 00:23:28
      I would definitely want to have whether council, you know, the other councilor supported or not, more of a question around out of these things, what should we fund versus just continuing with current, you know, things that we're currently funding.
    • 00:23:47
      I just want to, I just saw that and wanted to make note of that.
    • SPEAKER_11
    • 00:24:04
      Well, the way that it's worded, it seems like it does give us that flexibility.
    • 00:24:07
      It says without fully off-seventeen revenues or reductions in expenditures.
    • 00:24:10
      So I guess that would be then our decision, what expenditures we're going to reduce.
    • SPEAKER_02
    • 00:24:16
      Just to fund no new programs is clear on the major expansion.
    • 00:24:20
      Like even the tax relief program that was put on hold last year.
    • 00:24:27
      and it'll be interesting to see once we get some data on who has been able to pay their taxes and if we can isolate that information by hopefully zip codes that are the lower income areas because we know that those areas are being gentrified at the moment and if people lose their homes or can't maintain them during this pandemic,
    • 00:24:56
      then all of the conversations we're having related to housing strategy and keeping people here, we will be in a worse position at the end of this pandemic than at the start.
    • 00:25:10
      So just as long as we're having those conversations and it just didn't, I read the whole sentence but I just was stuck on those first two points.
    • SPEAKER_12
    • 00:25:27
      This, yeah, and I will say, going back to when we first added this, the main intent was to help maintain the structural integrity of the budget of not trying to come forward with new programs without being able to, that would create a structurally imbalanced budget, which is why we have the, without fully offsetting revenues or reductions elsewhere in expenditures.
    • 00:25:52
      I don't think it was meant to speak directly towards, we're not gonna do anything new.
    • 00:25:57
      It was just to make sure that if we were to move forward with something new, we were making sure we did that within the structure of our balanced budget.
    • 00:26:12
      Okay, if there's no other questions, one thing I would say is typically what we have done is we've had city council
    • 00:26:20
      agree to move forward with this set of budget guidelines.
    • 00:26:25
      I know we can always revisit them, but at least have that initial discussion, get a consensus from council to be able to use these as our budget guidelines to help us as we're crafting the budget and moving forward.
    • 00:26:37
      So I don't know that we need to take a formal vote, but at least have some kind of, at least know that we have a consensus.
    • 00:26:45
      John, I think I'll defer to you on that piece.
    • 00:26:50
      or Mr. Blair, excuse me.
    • SPEAKER_00
    • 00:26:51
      Sure.
    • 00:26:52
      No, no.
    • 00:26:54
      What I would say is obviously these are budget as termed guidelines, but these are supposed to structure the conversation.
    • 00:27:03
      That doesn't mean that they're ironclad rules.
    • 00:27:11
      But again, these are sort of our principles that when we're trying to
    • 00:27:20
      Develop that budget to present to you March 1st.
    • 00:27:23
      This is what will guide the product you will initially receive March 1st.
    • 00:27:28
      Again, they're not set in stone, they're not law, they're guidelines, but this is what we are proposing right now in order to construct that first draft of the budget that will be presented on March the 1st.
    • SPEAKER_11
    • 00:27:47
      Yeah, I'm in support of
    • 00:27:49
      these guidelines, but certainly recognizing we have the option to revisit them, specifically the one that has been highlighted.
    • 00:27:56
      But overall, I think this is a good place to be.
    • Lloyd Snook
    • 00:28:00
      I agree.
    • Michael Payne
    • 00:28:03
      Likewise, and in particular, the point about at least being open to conversation about the point number five,
    • 00:28:15
      I don't know if it will make sense or if we'll need to change that, but I think it's worth having a little bit of flexibility to be open for us having that conversation.
    • SPEAKER_04
    • 00:28:24
      I concur.
    • 00:28:33
      OK.
    • SPEAKER_05
    • 00:28:35
      All right.
    • 00:28:40
      OK, thank you very much.
    • SPEAKER_13
    • 00:28:44
      So we can, Brian, if you can move to the next slide.
    • SPEAKER_12
    • 00:28:51
      This slide, we've talked about these long-term financial policies before and we discussed them at our CIP work session last month, but wanted to show these again as they do help kind of govern our budget development and just wanted to, again, put those in front of council
    • 00:29:11
      if there was any additional questions or discussion that they wanted to have, but otherwise we can move along again.
    • SPEAKER_05
    • 00:29:18
      Okay.
    • 00:29:26
      Next slide, please, Brian.
    • SPEAKER_12
    • 00:29:31
      And so with this slide,
    • 00:29:35
      What we wanted to illustrate here is the breakdown of the amount budgeted in these particular areas within our budget.
    • 00:29:42
      This doesn't reflect the total budget, but rather the departmental budget of the general fund departments to give an example.
    • 00:29:49
      And just as an example of some of the things, fixed costs, contractual costs, other expenses are kind of broad categories.
    • 00:29:56
      But just as a couple of examples, fixed costs reflects things such as our workers' compensation, general liability, insurance, telephone system charges
    • 00:30:05
      Annual Phone System.
    • 00:30:07
      Contractual costs include things such as software licensing and maintenance contracts, service contracts for things such as outside cleaning contracts, free maintenance services, consultant costs, those sort of things.
    • 00:30:20
      And then other expenses is everything from utility costs to office supplies, rent to repair and maintenance costs, uniforms and clothing, printing and duplicating.
    • 00:30:29
      It pretty much encompasses the rest of the,
    • 00:30:35
      items that are contained within departmental budgets.
    • SPEAKER_02
    • 00:30:42
      And I have a quick question on the former page.
    • 00:30:49
      Number three, maintain sufficient working capital and the utility funds.
    • 00:30:54
      I'm just wondering if, because the UVA repayments are now at 100% correct.
    • SPEAKER_10
    • 00:31:07
      Mayor, this is Chris Cullen, Director of Finance.
    • 00:31:09
      Yes, as of July 1st, the university is paying 100% of the city water and wastewater rates.
    • SPEAKER_02
    • 00:31:17
      So do we know, I know it'll, do we know like monthly, what month is it?
    • 00:31:25
      Yeah, December.
    • 00:31:27
      So I'm just wondering since
    • 00:31:32
      with that program because for so long, I think our citizens were kind of footing some of that because in some manner, and that's a conversation that's been brought up by the former counselor, Dee Dee Smith, and those type of things.
    • 00:31:50
      But I'm just wondering if that amount, depending on how much is coming in now,
    • 00:31:59
      Is that something that we could possibly use some of for other services or is it not significant enough or are those funds already committed to something within that department?
    • 00:32:22
      Or have you all ever even had a conversation like
    • 00:32:25
      the head of conversation in the money being used for utility services.
    • SPEAKER_10
    • 00:32:33
      Are related to water and wastewater.
    • 00:32:35
      And so prize funds, there's the revenues paid by the users.
    • 00:32:42
      And so to the extent that it benefits city utility customers is that the university is now paying its full.
    • 00:32:51
      So that's reflected in the utility rates
    • SPEAKER_02
    • 00:33:03
      I just thought about that reading that I'll think about it a little bit more and I had some questions when we first had so I have to just go back and review my notes.
    • SPEAKER_00
    • 00:33:31
      All right and now we'd like to talk about the budget development expectations of council.
    • 00:33:41
      As you know this is the entire financial plan for the city and that includes obviously your contribution to the school's operating budget as well.
    • 00:33:56
      The plan going forward this year is obviously we want to be consistent in the review and evaluation of each department.
    • 00:34:06
      Understanding that every department we are currently in the midst of having departmental meetings with each department that you will read in your budget.
    • 00:34:16
      And we want to give each department the same courtesy to make, to explain their budget, to provide any
    • 00:34:24
      details that they wish to about any new proposals or new expenditures or any other budgetary matters.
    • 00:34:34
      So we do try to provide each department that courtesy and opportunity.
    • 00:34:41
      And as you know, this is not, I mean, we typically in local government use a phrase like budget season, our
    • 00:34:52
      kickoff for ending, but this is a year-round process.
    • 00:34:57
      I think it's important to note that you'll adopt a budget hopefully on April the 15th per the city code.
    • 00:35:08
      Once that budget's adopted, it goes into effect July 1, and really by August, Chrissy and Ryan can correct me if I'm wrong, but at that point,
    • 00:35:21
      Expenditures are monitored the entire year, but at that point, really the capital needs start to come back into focus in August.
    • 00:35:28
      So this is a year round process that's continuously going and it's not just a game with kickoff in November and ending on April 15th.
    • 00:35:48
      So if we could go to the next slide, please.
    • 00:35:54
      And this is where we wanted to do something this year in asking you all your budget development priorities as a council that you would like for
    • 00:36:07
      the budget staff to take into consideration again when the documents being developed for presentation on March 1st again we wanted to have some time in this meeting to hear from each of you as to your budget priorities and if you can have consensus as a council on the priorities that you'd like for us to consider in determining this budget beyond which those which we've already discussed.
    • SPEAKER_02
    • 00:36:38
      Mr. Bull, I have a quick question.
    • 00:36:41
      The dollars that we allocated for the comp plan, where are we at in that process?
    • SPEAKER_00
    • 00:36:53
      I could ask Ms.
    • 00:36:55
      Hammel and Mr. Davidson to take a look just at the pure numerical answer.
    • 00:37:02
      The council will be January the 19th, I think it is.
    • 00:37:10
      At the report section, we're planning to have the affordable housing strategy.
    • 00:37:15
      I'm sorry.
    • 00:37:16
      Not that one.
    • SPEAKER_02
    • 00:37:17
      The employees, the compensation study.
    • 00:37:20
      I'm sorry.
    • 00:37:21
      That's their comp plan.
    • SPEAKER_00
    • 00:37:28
      I believe an RFP has been provided, Ms.
    • 00:37:31
      Shelton, is that correct, that an RFP is out?
    • SPEAKER_15
    • 00:37:34
      Yes, the RFP went out.
    • 00:37:36
      It's been awarded to Galvinder.
    • 00:37:42
      They're going to start the process in January.
    • SPEAKER_02
    • 00:37:49
      Thank you.
    • 00:37:54
      So council, I had sent the email last night just to have us kind of brainstorm what your top three were individually and see even where we land.
    • 00:38:12
      So if you all were able to do that, if you want to share and we can see where
    • 00:38:22
      if we're on the same page and then just have a discussion about how to get there if we're not.
    • SPEAKER_11
    • 00:38:29
      I wasn't sure at the level of detail we're getting at because I have kind of three overarching themes.
    • 00:38:33
      And this is specific to FY22 because of where we are with this COVID pandemic and moving on from it.
    • 00:38:39
      And so for me, and I'm not sure that this is as much budget driven, but just economic development and recovering the local economy.
    • 00:38:47
      And I think that can come in the way of just things that are even outside of direct
    • 00:38:52
      major dollars, but I think that it's definitely going to be a coordinated effort to understand how do we help sustain our local economy coming out of this pandemic.
    • 00:39:01
      And then community stability, and that kind of I think relates to the viral community funds.
    • 00:39:05
      And do we look at allocating additional dollars to those community partners that can help us retain that community stability?
    • 00:39:14
      And then the third for me is organizational stability, ensuring that we have enough funding in the budget that not saying we're going to be
    • 00:39:21
      offering new positions, but recognizing that we do have a number of positions that are going to be critical to the success of the organization and fiscal year 22 that we need to fill.
    • 00:39:31
      And we need to make sure that we have the funding to fill them, whether they're vacant right now, or what have you.
    • 00:39:36
      So I just those are kind of the three areas I was again, economic development, community stability and organizational stability.
    • SPEAKER_02
    • 00:39:43
      Thank you.
    • Lloyd Snook
    • 00:39:49
      Let me chime in here.
    • 00:39:51
      To me, the big question that we don't know the answer to
    • 00:39:57
      is what are we going to be looking like financially or economically on July 1, 2021.
    • 00:40:04
      If we believe Dr. Fauci's pronouncements from a couple days ago, he would say that by July 1, 2021, we will have some amount of vaccine out in the system, but that we would not be approaching a satisfactory level of vaccine in the system until
    • 00:40:26
      towards the end of calendar year 2021.
    • 00:40:29
      That being said, we know from that that we're likely to have tax revenue issues.
    • 00:40:35
      We're likely to have more continuing emergency needs in the next fiscal year.
    • 00:40:41
      It's not all going to miraculously solve itself by June 30th of 2021.
    • 00:40:46
      And I think we need to reserve at least $5 million basically unallocated, as we did this year.
    • 00:40:52
      It started around $10 million and wound up about $6.6 million.
    • 00:40:58
      I think we should really reserve $5 million in the initial budget, not allocated, and hope that if the economy in fact turns itself around by the end of 2021, we may be able to reprogram some of that.
    • 00:41:13
      We need to have that, I think, unallocated reserve first.
    • 00:41:18
      Other than that, I think most things are going to need to stay pretty flat.
    • 00:41:23
      We ought to think about what we're going to do to sort of build a little bit on what counselor Hill had said, to think a little bit about whether there is any financial assistance that we can be offering as a basically to help the economy.
    • 00:41:40
      the local economy rebound.
    • 00:41:43
      I'm not sure what that is, but if there were some program out there or something we could do that would be worthwhile, it would be nice to have a reserve that would enable us to do that.
    • 00:41:57
      Related to that,
    • 00:41:59
      is that we will have, hopefully by the beginning of that fiscal year, we will have a fairly detailed comp plan, an affordable housing plan, a zoning rewrite.
    • 00:42:12
      The one thing we're not likely to have is a very solid idea of what I would call an economic development plan or an idea of how we expect our economy to grow
    • 00:42:24
      in the next few years so that we can continue to grow the tax base so that we can pay for the schools and all the other things that we want to be paying for.
    • 00:42:33
      That's not, as far as I can tell, that's not really a part of what the comp plan consultants are expecting to do.
    • 00:42:44
      And we may want to figure out kind of what we ought to be doing in that respect.
    • 00:42:51
      So those are all kind of, I don't know, doom and gloom kinds of issues.
    • 00:42:59
      Beyond that, the one issue that we're going to continue to deal with is the police and justice issues.
    • 00:43:07
      Those are not going to be solved by defunding the police.
    • 00:43:11
      They're likely to be solved, if at all, by increasing funding for police and justice kinds of issues.
    • 00:43:20
      It's going to take more money, not less, to deal with things like mental health responders, the suicide prevention hotline that we're going to have to be implementing basically at the end of the next fiscal year.
    • 00:43:32
      So we will have to be implementing it during the end of the fiscal year for which we're budgeting.
    • 00:43:38
      the Marcus Alert system.
    • 00:43:41
      All these things, we don't know what all it's going to involve, but it's going to involve money.
    • 00:43:45
      And it's not going to involve less.
    • 00:43:47
      It's going to involve more.
    • 00:43:48
      So economic development kinds of things, maintaining reserves, and then figuring out what kind of funding we're going to need for police and justice issues.
    • Michael Payne
    • 00:44:10
      I guess some priorities would be one, affordable housing and specifically the affordable housing plan is going to be wrapping up hopefully and finalized.
    • 00:44:31
      The big headline number is $10 million, but I think there's much smaller first step foundational investments that we're going to need to make if that plan is going to be executable in terms of investment and staff.
    • 00:44:44
      And so I think investment in like a compliance position.
    • 00:44:47
      I think there's one or two positions that the plan recommends.
    • 00:44:51
      for being able to guarantee right to counsel and eviction cases for residents of Charlottesville.
    • 00:45:01
      I think just investment in those staff positions I think is gonna be vital for us being, have any chance of being able to execute that plan.
    • 00:45:10
      Second, similarly, investment in the climate action plan.
    • 00:45:17
      I don't know necessarily what those investments may be, particularly in a budget cycle like this where we're facing huge revenue shortfalls, but I would imagine that, again, investment in staff capacity, or perhaps laying the groundwork for
    • 00:45:36
      Future policies as part of that plan are going to be necessary if that we intend for that plan to be anything other than just another study that sits on a shelf.
    • 00:45:47
      Third, as others had mentioned, would be to the extent that we're able to having the Vibrant Community Fund and some of our nonprofit funding meet emergency community needs that have been created due to the pandemic.
    • 00:46:03
      You know,
    • 00:46:05
      At least for the next several months, we're going to continue to see hunger, evictions, housing, homelessness be increasing problems created by the pandemic.
    • 00:46:16
      And I think those are just our most pressing needs to address to the extent that we're able to in our nonprofit funding.
    • 00:46:26
      And
    • 00:46:28
      Those would be the ones I thought of again, particularly in light of this budget cycle where we know if we're adding new expenditures anywhere, they're going to have to be pretty small.
    • 00:46:38
      And I guess the fourth thing would just be us as a council being able to prioritize.
    • 00:46:43
      We're not going to be able to fund everything we want to.
    • 00:46:46
      We may be looking at cuts and just figuring out how are we going to prioritize what we cut and
    • 00:46:54
      what is our greatest priority when we're trying to weigh what to fund and what not to fund.
    • 00:46:59
      And I think that's just going to, we're going to need to come to some kind of consensus about what those priorities are.
    • SPEAKER_11
    • 00:47:04
      I just want to piggyback on something Michael said, because I know my third thing was organizational stability.
    • 00:47:12
      And I do want to agree that in the areas of both housing and climate action, in terms of staffing, I consider those
    • 00:47:19
      to be important, smaller steps, but important steps that we need to have done so that when we're in a position with greater revenues that we can really accelerate those plans.
    • 00:47:28
      So I just wanted to echo Michael's sentiments there.
    • SPEAKER_14
    • 00:47:30
      I mean, I can't think much more besides getting out, trying to help the city get through COVID and the
    • 00:47:50
      the ripple effect that's going to happen into next year.
    • 00:47:57
      As we keep seeing local businesses closing, that's going to affect our tax base.
    • 00:48:02
      That's affecting the amount of money that's coming in.
    • 00:48:05
      And it's also affecting the amount of people who need assistance.
    • 00:48:10
      So revenues shrink while needs increase.
    • 00:48:17
      We know so many of our people
    • 00:48:20
      are one paycheck away as it is.
    • 00:48:26
      And so for me right now, focusing on getting through the pandemic and keeping as many people as possible housed and fed, and then working to help redevelopment, economic development
    • 00:48:48
      go forward some more because again, it's that tax base.
    • 00:48:53
      And as that starts, that's where we get the money to then help various programs.
    • 00:49:00
      I definitely hope that when we're, once the climate plan comes out, we can look at prioritizing that because we just,
    • 00:49:16
      Once we're recovering from COVID, we have this massive climate disaster that is here.
    • 00:49:23
      And we also have to look at this all through an equity lens.
    • 00:49:29
      And I know that I don't have that.
    • 00:49:34
      But I think that's where we're having to look at everything is through equity.
    • 00:49:42
      just like when we looked at our business grants, how we made sure that there was a percentage of our business grants were specifically set aside for minority-owned businesses because we do know that historically minority-owned businesses have a harder time receiving loans or receiving more stabilization.
    • 00:50:05
      So I think while we're looking at all of this, we will have to be
    • 00:50:12
      I'm not putting, I'm putting equity in the overarching way that we look at everything.
    • 00:50:18
      Just like when we're looking, we should also be including, I think climate in that as well and everything.
    • 00:50:25
      How do we, how is that not making things worse at the very least and hopefully also making things better in that.
    • 00:50:37
      So.
    • SPEAKER_02
    • 00:50:42
      Okay.
    • 00:50:44
      And I probably have four, but it's just the fourth one is just assuming that we're going to continue to fund schools at the levels that we are funding them at and meet their needs.
    • 00:51:01
      So I left that out of mind because that's something we just, you know, are doing.
    • 00:51:08
      And the reconfiguration is not included in that statement.
    • 00:51:12
      It's just making sure that they have what they need to operate.
    • 00:51:17
      And so that was just, it's not on my top three, but I debated about whether to put it in, but then just left it out because.
    • 00:51:26
      But my number one priority is things just around to stability during the crisis.
    • 00:51:34
      you know, for citizens.
    • 00:51:35
      So housing, food security, financial assistance and specifically wanting to look at running any of these funds outside of the vibrant community process through the human services to cut down on some of the administrative costs and to make sure more of those dollars can go to the community and
    • 00:52:03
      Haven't talked to Kathy, so I don't know how she feels about that, but I just think that if we can keep more of it in-house, then that may mean that we are able to serve more people.
    • 00:52:18
      Then the next priority for me was just housing overall and understanding that that means everything from some of the redevelopment projects that we have to what do we do with the current.
    • 00:52:30
      housing assistance that we provide and being completely strategic or attempting to be during the cycle about what we do with those fundings and keeping an eye on organizations that are receiving multiple funding and even having the discussion to prioritize within those funding streams.
    • 00:52:51
      Again, we've been funding some of these organizations for a long time and we may not be able to do that now and I hope that
    • 00:52:59
      we can make sure that we are doing the best that we can to meet the community needs.
    • 00:53:08
      So that is outside of just maintaining housing stability during the pandemic.
    • 00:53:17
      So that was number two.
    • 00:53:19
      And then the employees, commitment to the employees, making sure that things such as the comp plan
    • 00:53:27
      that we make those investments and get that process started, even if we're not able to work in, you know, start implementing, just making sure that we are, one, doing the comp plan and that at least the process of the evaluation process needed to bring it to light once we start doing it is happening.
    • 00:53:53
      But also looking at things like the emergency assistance fund,
    • 00:53:57
      paying very close attention to how we take care of our first responders during this pandemic and making sure that we get those.
    • 00:54:09
      If there's a dollar value to those, there's been a lot of complaints about them not being able to take the time off, losing days, those type of things.
    • 00:54:18
      I know that comes with a cost.
    • 00:54:20
      I think every time there's a day off is $62,000 or so.
    • 00:54:23
      And if we can figure out a way to make sure that people who cannot take time off are not losing their time.
    • 00:54:38
      And then we have started an emergency assistance fund.
    • 00:54:42
      But I just had a conversation with the employee
    • 00:54:48
      this week who is no longer able to work their second job because of the pandemic.
    • 00:54:56
      And so I know this is something that I brought up before.
    • 00:55:00
      I believe Kaki has brought up before, but just an overall funding for stability during this time.
    • 00:55:08
      We know that people needed it even before the pandemic.
    • 00:55:12
      But when we talk about concern and care and making sure that people are stable
    • 00:55:18
      especially during a period like this that those, them having the ability to tap into grants, low interest or no interest loans.
    • 00:55:29
      We've given those before, so it's not, I didn't implement them.
    • 00:55:34
      But just thinking about things like how can we just make sure that at a time when people are dealing with possibly a lot of mental health challenges,
    • 00:55:46
      and they're still showing up for work and trying to figure out how to serve the city, that if there are things that we can do to better meet their needs, then this is definitely the time to make that a priority.
    • 00:55:58
      So those are my three.
    • 00:56:04
      So from that, it looks like there is probably some, the organization's stability, I think,
    • 00:56:19
      At least four of us had that.
    • 00:56:23
      And then again, we know that we are going to have these discussions about other things.
    • 00:56:27
      But I think it's just getting to a point where if it comes down to you have to do A or B, then we just know that we've said that these are kind of guiding.
    • 00:56:40
      It looks like housing.
    • 00:56:48
      is one and then there's probably the economic development recovery and the emergency like kind of assistance during this pandemic I think was stated equally.
    • 00:57:16
      So that would be four, or we can have a discussion about cutting it down to three.
    • SPEAKER_11
    • 00:57:25
      It holds we could have three to five, so.
    • SPEAKER_02
    • 00:57:30
      I know.
    • 00:57:31
      Trying to get to three and stretching a little bit.
    • 00:57:33
      I get it.
    • SPEAKER_14
    • 00:57:37
      Like four is a good compromise.
    • SPEAKER_02
    • 00:57:38
      Does that help you all in here, or do we need to have a deeper discussion?
    • SPEAKER_00
    • 00:57:45
      I'd ask other staff members, but I think that does give us a good sense of where the council wants to go.
    • SPEAKER_02
    • 00:57:55
      I agree.
    • 00:57:57
      I agree with Ms.
    • 00:57:58
      Black.
    • 00:58:00
      Okay, so we don't need to push this, try to get it down or rank those?
    • 00:58:06
      Everybody's good?
    • 00:58:07
      Yes.
    • 00:58:09
      Well, that was easier than I thought it was going to be.
    • SPEAKER_14
    • 00:58:15
      I think we all recognize that this is just, I mean, everyone, so many people are suffering and we want to do everything we can not to.
    • 00:58:23
      And that also means taking care of our employees so they can be there to keep the city functioning and moving.
    • 00:58:30
      And plus we want to be a good employer.
    • 00:58:33
      I mean, these are people.
    • 00:58:35
      This isn't, this isn't, these aren't, these aren't automatons.
    • 00:58:40
      This is, this is people every day and we all want to do what we can
    • 00:58:45
      as best we can.
    • 00:58:45
      I think with everyone in this, every, every staffer in the city and counselors all, we just want to make, yeah, do as best we can on this.
    • SPEAKER_05
    • 00:59:00
      Okay.
    • 00:59:07
      Your mic was off, Mayor Walker.
    • SPEAKER_02
    • 00:59:11
      I know the teenagers turned the music up, so I was telling them.
    • 00:59:15
      I'm sorry.
    • 00:59:17
      OK, so then is there anything else that we need to discuss tonight?
    • SPEAKER_11
    • 00:59:24
      I think we need to discuss the COVID ordinance.
    • 00:59:27
      Yes.
    • 00:59:30
      And did you need to make a formal motion to discuss this because it wasn't on our agenda?
    • SPEAKER_16
    • 00:59:39
      It might not be a bad idea, just in case anybody ever wanted to challenge the ordinance.
    • 00:59:44
      That's technically Robert's Rules border requirement, so.
    • SPEAKER_11
    • 00:59:49
      So I would just make a motion to add the discussion around the emergency COVID ordinance to the agenda.
    • SPEAKER_02
    • 00:59:55
      Is there a second?
    • Michael Payne
    • 00:59:58
      Second.
    • SPEAKER_02
    • 01:00:01
      Ms.
    • 01:00:01
      Thomas.
    • SPEAKER_03
    • 01:00:08
      Councillor Payne.
    • Lloyd Snook
    • 01:00:09
      Yes.
    • SPEAKER_03
    • 01:00:10
      Councilor Snook?
    • Lloyd Snook
    • 01:00:12
      Yes.
    • SPEAKER_03
    • 01:00:13
      Mayor Walker?
    • 01:00:15
      Yes.
    • 01:00:16
      Vice Mayor Magill?
    • 01:00:17
      Yes.
    • 01:00:18
      Councilor Hill?
    • 01:00:20
      Yes.
    • SPEAKER_02
    • 01:00:22
      Thank you.
    • 01:00:24
      And before Ms.
    • 01:00:25
      Robertson starts, is there a lease agreement to continue where we were Monday night with just amending, or are we going to have a discussion about repealing?
    • Lloyd Snook
    • 01:00:37
      Well, as one who advocated for repealing, I will say I just got the proposed text of the amendment just moments before we started.
    • 01:00:49
      And unlike on Monday when we had literally two changes being suggested, there are a lot of changes being suggested here.
    • 01:00:58
      And I don't, frankly, feel I haven't even read them all to know what I'd be voting on at this point.
    • SPEAKER_14
    • 01:01:07
      I would like to hear from Lisa, I guess, advised whether or not this, Lisa and John, if what's gonna be easier and less confusing to the public in general.
    • 01:01:24
      That's my worry right now is that if we keep, we've got these two ordinances and if we keep having to change our ordinance to keep getting more restricted towards the state ordinance,
    • 01:01:38
      that we're just gonna end up having these emergency meetings coming up in order to have to change it.
    • 01:01:42
      And I just wanted to check in with Lisa and John and see what their recommendations on this are at this point.
    • SPEAKER_16
    • 01:01:52
      Well, if you all can give me a few minutes, let me walk you through the second option, which is the option to amend your current ordinance and tell you why I proposed the number of changes that I did.
    • 01:02:09
      So if you're able to scroll down to would be page six of the ordinance, but it's under section four, the limitations on persons at food establishments.
    • 01:02:26
      In paragraph B, we just needed some language.
    • 01:02:31
      It was a little bit, it's a little bit difficult to read.
    • 01:02:35
      Normally,
    • 01:02:37
      Gathering is sort of, you can have gatherings inside particular establishments or whatever, but just to make it read consistently throughout the section.
    • 01:02:52
      Paragraph B is recommended to be changed, so it's not just a regulation about gatherings, but it's specific to the food establishments.
    • 01:03:02
      Paragraph D is changed to,
    • 01:03:07
      simply say that in these types of establishments, which may have health department regulations or OSHA regulations or whatever those regulations would control.
    • 01:03:23
      Section five is the section of the ordinance where you all had a special sort of local restriction on the number of people who can
    • 01:03:35
      can gather together.
    • 01:03:37
      And this is one of the provisions which originally you were slightly more restrictive than the state regulations.
    • 01:03:48
      But as we're coming into more difficult circumstances, the governor is now reducing that.
    • 01:04:02
      And so
    • 01:04:02
      My thought on this one is the number of people at a gathering is the thing that is most frequently getting changed and at this point it's going to go down to 10 on the 14th and so
    • 01:04:19
      While we could reserve the section in case we ever get back to a point where the governor is much more permissive than you're comfortable being, the easier thing for people right now, I think, would simply be able to defer to the 10-person limit that's explained in the governor's restrictions.
    • 01:04:39
      So that's why I deleted this whole section, including how you get to count and what's exempted and what's not.
    • 01:04:49
      On the face coverings, page 7 of the ordinance, we had an exemption for children age 10 and under.
    • 01:05:01
      But the governor's order requires children age 5 and older to wear masks.
    • 01:05:09
      So I modified that document.
    • 01:05:12
      I mean, that restriction.
    • 01:05:14
      And then further down on that same page,
    • 01:05:19
      The definition of public place talks about outdoor spaces where you can't, you're not able to keep six feet of difference distance.
    • 01:05:30
      And so I wanted to repeat that requirement here and also talk about
    • 01:05:39
      any greater minimum physical distancing that might be established by state law because in the executive order there are some places even outdoors where you'd be required to keep 10 feet of distance.
    • 01:05:52
      And then one of the more significant provisions in section seven to make sure that you all still have restrictions on gatherings and have everything you want to have covered even if it's not separately addressed in this ordinance
    • 01:06:09
      These provisions do something a little bit unusual, but I think it's allowable.
    • 01:06:16
      It incorporates the state orders by reference into the ordinance and then says that this ordinance is intended to supplement those.
    • 01:06:26
      But if and when we have a provision that is, we have a situation where the state imposed restriction is more restrictive than
    • 01:06:37
      a provision of this ordinance that more restrictive state requirement would apply.
    • 01:06:43
      And that hopefully will help us if you decide to keep the ordinance, maybe we won't have to change it as much in particular if some of the inconsistencies may not be fundamental differences, but just slight deviations.
    • 01:07:05
      and then on page eight, section nine, I just changed the effective date of what would be the amended ordinance.
    • 01:07:14
      So it looks like a lot, but it's the changes I'm recommending would be designed to sort of defer to the limit on gatherings that are in the governor's order, including all of them.
    • 01:07:34
      to defer to the other provisions, such as the restriction on sales of alcohol, the curfews that go in place and that sort of thing, instead of having to kind of adjusting all of our provisions.
    • 01:07:48
      And then I just, I wanted to include this language in section seven, just to make it more clear to people reading our ordinance that the two sets of restrictions are to be read together.
    • 01:07:59
      They should work together instead of being in
    • 01:08:04
      and either or situation.
    • 01:08:07
      So I know it looks like a lot.
    • 01:08:09
      I wasn't able to get it out to you earlier in the day, but that is, the yellow areas look like a lot, but really on page six, that's mostly because I just struck out the gatherings restriction altogether.
    • 01:08:30
      As we talked on Monday,
    • 01:08:34
      I think whether you want to keep your ordinance and amend it or repeal it so that people have sort of one point of reference for where they will find the restrictions they have to adhere to, I think there are good arguments on both sides of that.
    • 01:08:54
      And I think that that's your call.
    • 01:09:02
      Either one of these options would protect the people in our community.
    • 01:09:08
      And I think it's your call sort of how you want to do that.
    • SPEAKER_14
    • 01:09:16
      Are we more restrictive in anything right now?
    • SPEAKER_16
    • 01:09:22
      I do not.
    • 01:09:25
      I do not think so.
    • 01:09:26
      We may be slightly more restrictive on
    • 01:09:31
      the wearing of masks or we would have been up until today's order, but the governor's order today I think expanded the requirements for mask wearing beyond what had been before.
    • 01:09:48
      So I think previously I believe we were more restrictive on the mask wearing, but I don't think that's the case when his new restrictions go into effect on the 14th.
    • SPEAKER_14
    • 01:10:01
      and if his restrictions started lifting at this point, the restrictions that would stay in place for us would be?
    • SPEAKER_16
    • 01:10:09
      The face coverings.
    • 01:10:14
      If he relaxed the face covering requirements, we would still have the city specific face covering requirements that say in all public places, pretty much anywhere you're
    • 01:10:29
      outside your home and you can't keep a distance of six feet or more between you and other people you're supposed to have a mask on.
    • 01:10:36
      So that would lower the age to five.
    • 01:10:39
      And we're lowering the age to five to make sure people don't get confused about that.
    • 01:10:43
      So that you would keep and if the governor's mask wearing regulations get relaxed, yours would go back to being more restrictive.
    • 01:10:55
      But the gatherings right now,
    • 01:10:59
      would, with the changes I suggest, the number of people who could be at a gathering would always defer to the governor's order.
    • 01:11:11
      Unless you came back later, if the governor's restrictions were relaxed, then this section five is being reserved.
    • 01:11:25
      and you could come back later and go back to having a more restrictive number than what the state is prescribing.
    • SPEAKER_14
    • 01:11:33
      Say like if when the university students came back or something, we could relook then if we need to reduce our gatherings because we're a college town, even though the state might have opened up and had higher gathering limits at that point.
    • 01:11:47
      That's right.
    • 01:11:49
      Okay.
    • 01:11:49
      I just wanted to be clear.
    • 01:11:52
      Thank you very much for pulling this together so quickly today, Lisa.
    • 01:11:55
      Sure.
    • Lloyd Snook
    • 01:11:55
      I have a couple of questions.
    • 01:11:59
      Some of them may just be kind of like typo things.
    • 01:12:01
      In section 9 on page 8 of what you sent us, it says the ordinance is effective 1201 AM December 11th.
    • 01:12:09
      The governor's order is effective December 14th.
    • 01:12:13
      Are we trying to be with the governor on that, or are we setting out our own rule for three days?
    • SPEAKER_16
    • 01:12:18
      This would set out our own rule.
    • 01:12:22
      So for the next three days, we would
    • 01:12:25
      be in a position where we are following the governor's number on gatherings, which is still what you did Monday night.
    • 01:12:32
      It's 25.
    • 01:12:34
      So that would be the case.
    • 01:12:37
      And then the other housekeeping changes, including the statement that the local and state regulations are to work together and whoever has a more restrictive provision that applies.
    • 01:12:54
      that would go into effect immediately as well.
    • Lloyd Snook
    • 01:12:58
      Then one other issue on page seven, paragraph B, the definition of children or the provision dealing with children.
    • 01:13:08
      I assume you want to be striking out years of age and as well as 10.
    • SPEAKER_16
    • 01:13:14
      Yes, thank you.
    • 01:13:16
      That's a typo.
    • Lloyd Snook
    • 01:13:19
      And the last question I have, and this really doesn't pertain so much to this draft ordinance, but the governor has a provision in his order that talks about what amounts to
    • 01:13:36
      Quasi curfew.
    • 01:13:38
      I don't interpret it as saying anybody is going to get arrested because it says individuals should remain at their place of residence.
    • 01:13:48
      Is that the way you read it?
    • 01:13:49
      That it's just purely, come on people, try to stay at home?
    • SPEAKER_16
    • 01:13:53
      I think it's a practical matter that is correct.
    • 01:14:05
      I think the wording here is stronger than that.
    • 01:14:09
      But as a practical matter, the enforcement is always an issue.
    • 01:14:14
      So under this order, it talks about who can enforce it.
    • 01:14:18
      And that's the key.
    • 01:14:23
      But this language is very much like what came out much earlier on.
    • 01:14:33
      It is strong language, but I think it's tempered by the fact that everybody acknowledges that it is difficult to enforce.
    • Lloyd Snook
    • 01:14:48
      I guess as a practical matter, if somebody is driving on the streets of Charlottesville at 1 a.m., is that person likely to get stopped by a police officer saying, hey, why are you out after midnight?
    • SPEAKER_16
    • 01:15:03
      I don't know that that could happen because there are so many exceptions.
    • 01:15:10
      So if somebody's just driving down the street, a police officer can't tell from just seeing the car go by whether or not somebody's on the way to the hospital, whether they're on the way to 7-Eleven to get a quart of milk.
    • 01:15:26
      There are significant exceptions or, you know,
    • 01:15:33
      exceptions to the curfew requirement.
    • 01:15:37
      So I don't see how an officer could have probable cause or cause to stop that vehicle because they're not gonna be able to tell per se whether one of those exceptions applies.
    • Lloyd Snook
    • 01:15:53
      It struck me as being sort of oddly wishy-washy language.
    • 01:15:59
      I'm just curious for another lawyer's perspective.
    • 01:16:01
      Thank you.
    • SPEAKER_16
    • 01:16:02
      Yeah, yeah.
    • SPEAKER_00
    • 01:16:04
      and Councilor Snook, the other thing I'd point out about just if you were walking down the street, when you look at that exception in the order E, it doesn't apply to, it says individuals may leave their residence for the purposes of exercise, engaging in exercise, which I mean, arguably walking down the street is exercise.
    • Lloyd Snook
    • 01:16:31
      Hey, for those of us who aren't.
    • SPEAKER_02
    • 01:16:35
      It's so frustrating.
    • 01:16:36
      I know why people are frustrated because it's just not clear.
    • 01:16:40
      The whole conference and I was pulling something out of, you know, not my hair, but I wanted to really just who one day we're just going to be firm, like we need to be and that's it.
    • 01:16:54
      But we're not there.
    • SPEAKER_16
    • 01:16:56
      Yeah, we don't have a good mechanism.
    • 01:16:58
      We have very old fashioned, particularly at the state level, very old fashioned laws about how you do a quarantine.
    • 01:17:05
      And it's really all set up to be by individual household.
    • 01:17:11
      Nobody has contemplated this type of situation before in terms of structuring a public health system that can enforce a really hard line on a curfew.
    • SPEAKER_02
    • 01:17:27
      One of the questions at the press conference today was why did you start at midnight and not 10, you know, and even the answer there.
    • 01:17:36
      So, you know, like some other locality.
    • 01:17:40
      So a lot of this is, you know, that the public health is still not the number one driver, which is why there's so much hesitation.
    • 01:17:54
      All right, so Councilors, what are we voting on these amendments?
    • Lloyd Snook
    • 01:18:04
      I would still like to repeal it.
    • 01:18:06
      I think it's important that we speak with one voice and that the governor's voice is the voice that we use.
    • 01:18:12
      Again, we may wish
    • 01:18:14
      We're a little different in some respects, but I think it's hopelessly confusing for anybody else to try to figure out what rules apply when.
    • 01:18:23
      Let's just speak with one voice and let that be the governor.
    • 01:18:25
      So I would, I mean, if you want to make a motion for purposes of discussion, I would move that we repeal the ordinance and rely on the governor.
    • SPEAKER_11
    • 01:18:41
      I'm comfortable to second it for discussion.
    • SPEAKER_02
    • 01:18:48
      All right, discussion?
    • Lloyd Snook
    • 01:18:51
      I'll incorporate my argument from a couple nights ago.
    • SPEAKER_02
    • 01:18:56
      And I just still think the same thing I said, that there's some value in ensuring that people can pull up the low performance and know what, and there's some disconnect between even understanding how this process works.
    • 01:19:12
      And I think if there's media about
    • 01:19:15
      that we've repealed it, that's going to send a message that we don't want to deal with at a time when the numbers are rising and people could get confused about whether they have to follow state guidelines.
    • 01:19:30
      And if we're answering those kinds of questions or people are just doing trial and error, figuring that out, we don't want that.
    • SPEAKER_11
    • 01:19:38
      And I'm just thinking back to Vice Mayor Magill's point earlier, just I wanted to understand like these changes that
    • 01:19:43
      Ms.
    • 01:19:44
      Robertson has just kind of outlined, do they preclude, like this seems like they're helping us from having to like manage this as much as maybe we might've had to if we hadn't made some of these changes.
    • 01:19:53
      Cause I just, I don't want us to find ourselves in a situation where staff is constantly having to spend like you did this afternoon time making all these modifications.
    • 01:20:00
      And I think there's gonna be more restrictions as we get through these next couple of months coming from the state level.
    • 01:20:05
      And I just don't want us in a position where we're having to like knee jerk reaction every time.
    • 01:20:09
      I don't know that this is productive, whereas we could just go back and
    • 01:20:14
      defer to the governors and the state level executive orders.
    • 01:20:18
      And then if we come to a point in time in the future where we think it's valuable for us to have a local ordinance again, that we have that flexibility.
    • 01:20:24
      So I'm just trying to keep it as simple, honestly, as possible, not only for us and for staff, but also for the community to understand what rules there are.
    • SPEAKER_14
    • 01:20:40
      Ms.
    • 01:20:40
      Robertson, do you feel that the changes that have been made in the ordinance currently will give you the flexibility and give us the flexibility that Counselor Hill is talking about?
    • SPEAKER_16
    • 01:20:52
      I think so, essentially.
    • 01:20:58
      I mean, honestly, I think the two options accomplish
    • 01:21:07
      Given the restrictive provisions of the governor's orders that are going to take effect on the 14th, there's currently nothing in your ordinance, including with the amendments that I'm recommending, there's nothing that would be more restrictive.
    • 01:21:28
      Right now, your local ordinance is simply repetitive of some provisions of the state law.
    • 01:21:36
      In that situation, I think it can be confusing for people to figure out where, you know, do I need to look to places or what do I do?
    • 01:21:49
      I think most people for the near listening to the governor's press conferences every day and looking to his guidance.
    • 01:22:00
      I do think that when you originally enacted this ordinance and you wanted to be more cautious than you saw other people being, that was a circumstance where this ordinance was really useful, including sort of trying to figure out how you're going to deal with the university situation and all of that.
    • 01:22:23
      I do think that Mayor Walker's point about having the press report that your local ordinance has been repealed.
    • 01:22:30
      I think if you choose that option, I think that simplifies things for people, but I think it has to come with a really robust, immediate press release and explanation that you're doing this to sort of speak as one voice with the governor and the state and that, you know, given the, these are the,
    • 01:22:52
      The restrictions he's come out with are the most restrictive that have applied statewide since we started this thing.
    • 01:22:59
      And so if you choose the option to repeal the local ordinance, just from a legal perspective, that's a cleaner thing and nobody has to sort of go through the exercise of figuring out if there's any significant distinctions.
    • 01:23:19
      But it does have to come with a really robust press release and attention over the next couple of days to explaining why you're doing this instead of just sort of, you know, putting it out there without much in the way of an explanation.
    • Lloyd Snook
    • 01:23:43
      If somebody were to look at the city ordinance even as amended, would they be able to know what they were allowed to do if that's the only thing they were looking at?
    • 01:23:58
      They didn't have the governor's regulation in front of them.
    • SPEAKER_16
    • 01:24:03
      Where we're getting now, and I don't
    • 01:24:06
      I think this is a real significant possibility because I still think that day to day the messaging coming out is coming from the state level.
    • 01:24:15
      But I suppose there are a handful of people who could look at our local ordinance now and think that the only thing they have to worry about is wearing masks when they are within a certain distance of people.
    • 01:24:34
      because even the provisions about restaurants are mostly in our local ordinance.
    • 01:24:44
      It's talking about occupancy limits and keeping your distance.
    • 01:24:53
      So the message might be that at food establishments, you're gonna be restricted in how many people can be there all at one time.
    • 01:25:04
      You have to wear a mask in all public places.
    • 01:25:07
      So those are the two basic rules that you would see from this amended ordinance.
    • 01:25:12
      And so I suppose there's a handful of people that would think that those are the only restrictions that there are, but I don't think that's reality.
    • 01:25:22
      I think, you know, most people
    • 01:25:26
      who are going out or getting their information either because they listened to the governor or because they go to an establishment and there's a sign that says, here's what you have to do if you come in here.
    • Lloyd Snook
    • 01:25:43
      If in fact somebody were to go to the governor's website and look at the order and not look at Charlottesville's ordinance in any respect,
    • 01:25:57
      Is there anything that a Charlottesville resident or a Charlottesville restaurant goer or somebody else would miss by going only to the governor's website that would matter to them?
    • SPEAKER_16
    • 01:26:13
      No, I don't think so right now.
    • SPEAKER_02
    • 01:26:24
      All right, so are we ready to vote on the motion, which is to repeal the ordinance?
    • Michael Payne
    • 01:26:31
      I have a question for Lloyd.
    • 01:26:41
      I would concur if we're strictly speaking in a legal and practical sense that our local ordinance at this point is redundant and doesn't mean anything.
    • 01:26:53
      But I guess I would ask, one, what would you make of the possibility that doesn't exist now but in the future of UVA students returning, coinciding with statewide restrictions being loosened?
    • 01:27:12
      And two, the messaging component as well as the fact that this ordinance was passed in conjunction with
    • 01:27:20
      Albemarle County and UVA as a partner as well, and that we're repealing it without coordinating between this three regional bodies.
    • Lloyd Snook
    • 01:27:29
      Well, in fact, our, our ordinance, even as amended, doesn't track anybody else's.
    • 01:27:37
      At one point, the thought was that we were going to be trying to, to keep things more or less in parallel with the county.
    • 01:27:44
      And to a large extent, I mean, there's some things that are parallel, but there are also some places where the County started off in parallel with us.
    • 01:27:52
      And then they amended their ordinance to go to be in parallel with the governor instead.
    • 01:27:56
      So, uh, I, while I, one of the reasons I supported doing what we did back in July was that it was being pitched to us as now we're going, we're going to be staying in sync with the County.
    • 01:28:11
      I don't think that's really the case as evidenced by the chart that I distributed a couple nights ago.
    • 01:28:19
      At some point, I guess I would say all we can do is if they're going to amend their ordinance in various ways, and for whatever reason, we don't amend to keep up with them,
    • 01:28:38
      Keep in mind, their ordinance doesn't track the governor either.
    • 01:28:42
      So we're both in this position of having gone off in slightly different directions with different language.
    • 01:28:51
      And so the goal of having one clear voice and one clear set of rules has been out the window for months.
    • 01:29:01
      We haven't had it for months.
    • SPEAKER_02
    • 01:29:11
      And I understand everything that you're saying, but just from a human behavior standpoint, I just think that it's so strong that we like to think that people read all the information, but we know that they don't.
    • 01:29:27
      And what people will take away from the media headlines that the city repealed their ordinances is what is the major concern for me.
    • SPEAKER_14
    • 01:29:43
      I agree with the mayor on that.
    • Michael Payne
    • 01:29:49
      And I would agree as well.
    • 01:29:50
      I mean, I agree with Lloyd that I share the frustration around the fact that this is just redundant.
    • 01:29:58
      There's no functional purpose to it at this point.
    • 01:30:02
      And that if someone were getting the information by accessing the ordinance and reading it directly, that that could cause confusion.
    • 01:30:12
      But from a messaging perspective, I would just feel more comfortable repealing it if I knew.
    • 01:30:16
      We just had a little bit of a plan in place to push out there.
    • 01:30:21
      The reasons for it and that this, you know, we're sort of engaging right now in a technical discussion, but the bottom line is that we're moving to share the governor's more restrictive
    • 01:30:36
      new coronavirus executive orders and that the motivation is to have our restrictions locally be more robust and that that's ultimately what this is about.
    • 01:30:48
      But, you know, in the social media age, it's just hard to predict how people will interpret things.
    • SPEAKER_11
    • 01:30:57
      I just feel like we're equipped as a city to communicate that effectively.
    • 01:31:01
      And I just think it actually is more clear to people individually that it's less complicated and
    • 01:31:07
      but as it seems like going to one doesn't solve all issues so why are we gonna make people go both places is kind of where I'm at.
    • SPEAKER_00
    • 01:31:18
      If I may, and I'd ask Ms.
    • 01:31:22
      Robertson to confirm but one difference in your local ordinance and these executive orders and really
    • 01:31:38
      That may be more than one, but I remember in July when you first enacted this ordinance, there was a real question about gatherings.
    • 01:31:52
      And there was a feeling that there should be some sort of warning
    • 01:32:00
      provided before a criminal penalty could be imposed.
    • 01:32:05
      And looking at the ordinance, Section 8B, it does require a warning
    • 01:32:23
      before somebody can be charged with a violation of section five, which is the gathering portion of the ordinance.
    • SPEAKER_16
    • 01:32:34
      Yep, sorry.
    • 01:32:35
      In my haste to catch things, I didn't edit out the reference to section five, which I'm proposing to eliminate.
    • 01:32:43
      So we would need to reconcile that as well.
    • 01:32:46
      That,
    • SPEAKER_00
    • 01:32:52
      And I only bring that up because I remember you all had a discussion in July and thought it was important that a warning be provided for anybody violating the gathering provision before they could be criminally charged.
    • 01:33:07
      And I don't think the governor's executive order requires a warning.
    • SPEAKER_11
    • 01:33:15
      Are we able to conflict with that?
    • SPEAKER_16
    • 01:33:21
      You know, I can amend this to say, you know, I'll be honest with you.
    • 01:33:29
      I'm not even sure.
    • 01:33:31
      Have we issued any citations for a violation of the gathering?
    • SPEAKER_00
    • 01:33:41
      I do not believe so.
    • SPEAKER_16
    • 01:33:51
      I can change this section to say that before any person is charged with violation of the state restriction on gatherings, they have to be given a warning.
    • 01:34:07
      So if we eliminate section five for the purpose of deferring to whatever the limitation on the gap, the number of people who can be at a gathering is, I can reword this section
    • 01:34:22
      instead of referring to section five, it would refer generally to any state restrictions on the number of people at a gathering.
    • 01:34:34
      So everywhere section five is referred to, I'd refer to the state law.
    • 01:34:46
      You could still require the warning, assuming that it's
    • 01:34:51
      a law enforcement officer at the local level who would be issuing the summons for the violation.
    • SPEAKER_02
    • 01:34:59
      All right, thank you.
    • 01:35:12
      So, Ms.
    • 01:35:13
      Thomas, would you take the vote, please?
    • SPEAKER_03
    • 01:35:18
      Counselor Payne?
    • Lloyd Snook
    • 01:35:20
      No.
    • SPEAKER_03
    • 01:35:23
      Counselor Snook?
    • Lloyd Snook
    • 01:35:24
      Yes.
    • SPEAKER_03
    • 01:35:26
      Mayor Walker?
    • 01:35:28
      No.
    • 01:35:30
      Vice Mayor Magill?
    • SPEAKER_14
    • 01:35:32
      Not at this time, no.
    • SPEAKER_03
    • 01:35:35
      Counselor Hill?
    • 01:35:36
      Yes.
    • SPEAKER_02
    • 01:35:40
      All right, so that does not pass two to three.
    • SPEAKER_14
    • 01:35:47
      Can I make a motion?
    • 01:35:49
      Do I make a motion now to amend the current
    • SPEAKER_16
    • 01:35:55
      There's a motion up right on top of option two.
    • 01:36:03
      And if you could also add that.
    • SPEAKER_14
    • 01:36:09
      I move to adopt the following ordinance to repeal the city's no.
    • 01:36:14
      Nope, next.
    • 01:36:16
      Not that one.
    • 01:36:17
      Wait, that one.
    • 01:36:21
      Move.
    • 01:36:23
      Is that
    • 01:36:25
      I move to adopt the following ordinance to repeal the city's local COVID regulation?
    • SPEAKER_16
    • 01:36:30
      No, go down to the next page.
    • SPEAKER_14
    • 01:36:33
      Okay, EO 72?
    • 01:36:34
      No.
    • Michael Payne
    • 01:36:35
      I can read it.
    • SPEAKER_14
    • 01:36:38
      Okay, if you've got it up, Michael.
    • Michael Payne
    • 01:36:39
      I move that we adopt the following ordinance to conform the city's local COVID-19 restrictions on the size of public gatherings to those set forth within the governor of Virginia's executive order 72 in order of public health emergency nine, as well as to clarify the relationship between the city's local ordinance and statewide restrictions.
    • SPEAKER_16
    • 01:36:57
      And then you might add as presented by the city attorney's office with section
    • 01:37:13
      8B to be revised to refer to state law?
    • Michael Payne
    • 01:37:20
      As presented by the city's attorney's office with section 8D to be revised.
    • 01:37:28
      8B to be revised.
    • SPEAKER_03
    • 01:37:32
      OK.
    • 01:37:34
      Is there a second?
    • 01:37:36
      Second.
    • Lloyd Snook
    • 01:37:39
      And we also noted at least one change in section 6B to delete the words years of age and.
    • SPEAKER_16
    • 01:37:49
      Yes, I will type out Claire Glare.
    • Lloyd Snook
    • 01:37:57
      And there's one other kind of related thing I noted in paragraph six or section 6D.
    • 01:38:05
      Adults accompanying minors between the ages of 10 and 17 must attempt to prompt the minor to wear face coverings all in public places.
    • 01:38:15
      Should that also be five or four?
    • SPEAKER_05
    • 01:38:17
      Four and 17?
    • Lloyd Snook
    • 01:38:23
      Otherwise you would have the situation of five-year-olds to nine-year-olds.
    • 01:38:27
      Parents don't have to tell them to put their masks on.
    • SPEAKER_16
    • 01:38:29
      They don't have to listen to mom and dad.
    • Lloyd Snook
    • 01:38:32
      That's right.
    • SPEAKER_16
    • 01:38:35
      I'll change 10 years old to 5 years old everywhere it appears in the ordinance.
    • SPEAKER_02
    • 01:38:45
      Okay, any further discussion?
    • 01:38:50
      Ms.
    • 01:38:50
      Thomas.
    • SPEAKER_03
    • 01:38:52
      Councillor Payne.
    • Michael Payne
    • 01:38:55
      Yes.
    • SPEAKER_03
    • 01:38:57
      Councillor Snook.
    • Michael Payne
    • 01:38:58
      Yes.
    • SPEAKER_03
    • 01:38:58
      Mayor Walker.
    • 01:39:02
      Yes.
    • 01:39:04
      Vice Mayor Magill.
    • 01:39:05
      Yes.
    • 01:39:07
      Councillor Hill.
    • 01:39:08
      Yes.
    • SPEAKER_02
    • 01:39:10
      All right.
    • 01:39:11
      That carries 5-0.
    • 01:39:12
      All right.
    • 01:39:17
      Mr. Blair, is there any other topics that we need to cover tonight?
    • SPEAKER_00
    • 01:39:22
      No, Mayor, we're welcome.
    • SPEAKER_02
    • 01:39:25
      All right.
    • 01:39:26
      And Ms.
    • 01:39:26
      Demick, was there anything, because you came on when I called you, was there something that you wanted to share, or were you just, in case there were questions?
    • SPEAKER_06
    • 01:39:35
      Just making it clear that I was listening and here are several questions.
    • 01:39:38
      OK.
    • SPEAKER_02
    • 01:39:38
      All right.
    • 01:39:40
      Thank you.
    • 01:39:41
      Well, thank you all for your work on this.
    • 01:39:44
      I hope that we provided some clarity for the upcoming budget meetings.
    • 01:39:52
      And we appreciate your efforts.
    • 01:39:55
      And we're out a little early.
    • 01:39:57
      So I hope you all have a great evening.
    • 01:40:01
      Thank you, everybody.
    • SPEAKER_04
    • 01:40:01
      Thank you, Mayor Wall.
    • 01:40:02
      Thank you.
    • 01:40:03
      Thank you, Mayor Walker.
    • SPEAKER_14
    • 01:40:03
      Meeting adjourned.
    • 01:40:04
      Thank you everybody very much.