City Council

January 10, 2012 The regular meeting of the Council of the City of Martinsville, Virginia, was held on January 10, 2012, in Council Chambers, Municipal Building, at 7:30 PM, with Mayor Kim Adkins presiding. Council Members present included: Mayor Kim Adkins, Vice Mayor Kimble Reynolds, Gene Teague, Mark Stroud and Danny Turner. Staff present included: Leon Towarnicki, Interim City Manager, Brenda Prillaman, Eric Monday, Linda Conover, and Mike Rogers. Following the invocation by Vice Mayor Kimble Reynolds and Pledge to the American Flag, the Mayor welcomed everyone to the meeting. Mayor Adkins and members of City Council recognized Clarence Monday for his 15 ½ years of service to the City of Martinsville and presented him a Key to the City for serving as City Manager from October 2007 to January 2012. Mr. Teague also thanked Stacie Monday and their son, Chad, for loaning Clarence to the city and thanked Clarence for the forward looking things he has accomplished and the professional job done. Mr. Stroud commented that he appreciated all Mr. Monday has done. Mr. Reynolds thanked Clarence for his efforts in bridging the gap with the city and county. Minutes: A motion was made by Mark Stroud, seconded by Gene Teague, for approval of minutes of November 22, 2011, December 6, 2011, December 13, 2011, and December 19, 2011 meetings. Council Member Turner asked that the November 22, 2011 minutes be amended to include his discussion comments regarding AMP. Mr. Turner was asked to submit the text to be added for future approval on the November 22, 2011 minutes. Mr. Stroud then rescinded his original motion and Mr. Teague rescinded his second of that motion. A new motion was made by Mark Stroud, seconded by Danny Turner, with a 5-0 vote, to approve the Council minutes of December 6, 2011, December 13, 2011 and December 19, 2011 meetings. Approval of the November 22, 2011 minutes will be considered at the next meeting. Building Energy Efficiency project: Interim City Manager, Leon Towarnicki, briefed Council on the Building Energy Efficiency project. City Council has already adopted an Ordinance, on first reading, authorizing issuance of the proposed general obligation bond for energy saving capital improvements. Before the Council for consideration at this meeting is an Ordinance, on second reading, that approves Carter Bank & Trust as lender and approving other related documents including a Financing Agreement, Post-Issuance Compliance Procedures, and a single marked page showing minor changes to the Financing Agreement since the last distribution. Council is required to conduct a Public Hearing on the matter prior to second reading of the Ordinance. The energy savings will match the debt service and at the end of the first year, an audit process will measure progress. The lighting retrofit is to begin in February and the balance of the project will occur in March and April. Ted Cole and Paul Jacobson also made comments regarding the financing proposal. Mayor Adkins then opened the public hearing. There were no public comments. Mayor Adkins closed the public hearing. On a motion by Gene Teague, seconded by Danny Turner, with the following 5-0 recorded vote: Adkins, aye; Teague, aye; Reynolds, aye; Stroud, aye; and Turner, aye, Council approved the following $1,250,000 Financing Ordinance on Building Energy Efficiency and related documents with Carter Bank for 15 years at 2.75% interest: January 10, 2012 January 10, 2012 January 10, 2012 January 10, 2012 Human Relations Advisory Committee: Vice Mayor Reynolds thanked the Human Relations Advisory Committee members for their work and advised that he and two other committee members, Phyllis Hairston and Tom Salyer will make a presentation to Council as follows: Setting the Stage Background on Formation Background on Formation  City Council adopts 2010-2011  Fast forward to Human Relations Advisory Committee  Background on the Strategic Priorities formation of the Human August 2010: Report to City Council Relations Advisory  One of these priorities states to “Ensure a government that is efficient, Westside Committee transparent, affordable, inclusive and community residents collaborative.” advocate for  Human Relations  Strides have been made. community center, Ensuring equity and opportunities Committee Activity  “Ensuring inclusive” was more of a challenge. citing: for all citizens  Formal Recommendation  Westside: “It’s like for City Council to  Council did formally adopt the National League of Cities initiative, the forgotten part of Consider “Working toward Inclusive Martinsville.” Communities” several years ago. January 10, 2012 Background on Formation Background on Formation Background on Formation Background on Formation  Meetings hosted by Mayor  Committee Members  Regular Guests  Original Framework (as adopted by Council on March 22, 2011) and Vice Mayor 1. Chief of Police Mike Rogers 1. Kimble Reynolds 2. Sheriff Steve Draper  Vision – To create a culture of public decision-making and problem-  September 2, 2010 2. Kim Adkins 3. City Attorney Eric Monday solving that is forward thinking, accountable and inclusive.  October 28, 2010 3. Marie Craddock 4. Rev. Leonard Jones  Mission – To advance strategies in the City that expand opportunity, 4. Ural Harris 5. John Martin reduce poverty and build inclusiveness. 5. Tony Jones Joe Martin  Goals  City Council approves 6.  Ensure open and accountable government that hears and values all forming a Human Relations 6. Chad Martin 7. Crystal Whitener voices Advisory Committee 7. Rachel Beneke 8. Ron Morris  Develop the civic capacity to address identified City challenges 8. Randy Stevens 9. Jared Soares and opportunities  March 22, 2010 9. Bonnylee Witt 10. John Fisher  Bridge the fault line of race and class that inhibit community 10. Thomas Salyer 11. Alexis Lee progress and erode civic health  City Council appoints 11. Bailey Penn 12. Rev. Tyler Millner  Objectives members to the Committee 12. Barbara Jackman 13. James Preston  Analyze economic, workforce and demographic trends to identify  April 12, 2010 13. Pam Heath challenges that impede progress for the City and its residents 14. Phyllis Hairston  To address these challenges, help City Council to develop or suggest responsive public policies at the local, state and/or federal 15. Veraine Randolph levels; demonstrate effective programs; and build institutional and 16. William Randolph community capacity for progress. 17. Alicia Solomon 18. Sidney Lee Human Relations Advisory Human Relations Advisory Formal Recommendation to Formal Recommendation to Committee Activity Committee Activity City Council to Consider City Council to Consider  Components of the bylaws  Held 8 Meetings  To advance this vision and mission, bylaws were formally continued: 1. July 12, 2011 adopted by the Committee for Council consideration.  Goals 2. July 26, 2011  Components of the bylaws are:  Develop community capacity to  The Creation of the Martinsville Human Rights and address challenges and 3. August 23, 2011 Relations Commission opportunities, identified by the 4. September 6, 2011 Commission, in the areas of race,  Commission membership, responsibilities and pertinent class, government accountability 5. September 20, 2011 details pertaining to the Commission’s operation and responsiveness and conflicts Up to 11 members with two being representatives from the arising from differences. 6. October 11, 2011  student body of Martinsville High School 7. November 1, 2011  One member shall be appointed from each voting precinct  Ensure open and accountable 8. November 7, 2011  Based on Strategic Planning Session on September 6, government that hears and values  Every effort will be made to ensure appointments result in a and follow up meetings, revised vision and mission diversity of membership reflecting race, gender, economic all voices. class and cultural background  Visited Greensboro to meet  Vision – Martinsville will advocate for a culture of public-  One member shall be appointed with the following  Bridge the fault line of race and class that inhibit progress and with Greensboro Human decision and problem-solving that is accountable and experiences: education, health care and human services or erode community health. Relations Commission and employment inclusive Staff  City attorney shall serve as ex-officio, nonvoting member  City Manager shall designate a staff person from City  August 16, 2011  Mission – To ensure equity and opportunities for all Administration to provide staff support  Toured Martinsville  September 1, 2011 January 10, 2012 Formal Recommendation to Formal Recommendation to Formal Recommendation to Formal Recommendation to City Council to Consider City Council to Consider City Council to Consider City Council to Consider  To implement goals, three committees 2. Inclusion are proposed to be formed: 3. Resolution 3. Resolution continued…  Goal – Ensure open and accountable  Goal – Bridge the fault  In accordance with Code 1. Equity government that hears and values all line of race and class of Virginia, neither this  Goal – Develop community capacity to address challenges and opportunities, voices. that inhibit progress and committee or identified by the Commission, in the areas of  Offering and supporting activities Commission shall have race, class, government accountability and erode community health. the power of subpoena responsiveness and conflicts arising from that build inclusiveness.  Advocate a “zero or to compel testimony. differences.  Advocating for community This does not bypass the tolerance” policy   Offering education and training and/or strategies geared to poverty City Employee Grievance community discussion and/or speaker against reduction (reducing barriers Process. series on topics pertaining to equity, discrimination, with inclusiveness, racial reconciliation, toward prosperity). the ultimate goal of poverty reduction.  Educating both government eradicating  Improving relations and fostering dialogue among various sections of the City. employees and citizens on laws discrimination within  Identifying and dispelling misconception and policies fostering greater the City. and falsehoods among communities transparency in government. within the City.  Providing oversight for mediating claims of discrimination. Formal Recommendation to City Council to Consider  To adopt the proposed Martinsville Human Rights and Relations Commission bylaws, formally creating a Human Rights and Relations Commission and specifying its advisory authority Mayor Adkins recognized Dr. Anthony Wade of Greensboro and he presented comments on his work on their Human Rights Commission, staff involved and costs. Mayor Adkins opened public comment period: Carolyn Carr-thinks it is a slippery slope and there is already too much government telling people what to do and this is already being handled at the state level; Vice Mayor Reynolds clarified that a half million dollar commission is not being proposed; Council Member Teague suggested costs for staff support and staff time of city attorney be looked at; City Attorney Monday responded that with the resolution committee, staff time would increase and he emphasized this would have to be done on a professional level requiring professional review on each complaint, also, there is potential of misuse of the commission for frivolous complaints; Naomi Hodge Muse—thinks most complaints could be handled without attorneys and thinks this commission is a wonderful thing; Pam Heath-commented that by approving this, Council would be sending a strong message to the community of reaching out to the community and it will eventually change the culture; Police Chief Mike Rogers—the city police January 10, 2012 department has made giant strides in the black community and feels we have a police force with good people skills and compassion with a zero tolerance for mistreatment of anybody; Tony Millner-does not think this is a “black” thing and the biggest thing he hears are minor complaints such as dogs barking; Chad Martin of Molly Circle-comments on misconceptions about big government (commission to be made up of citizens), training needed (national council and Dr. Wade will offer help for training), and big money (will not be a cost using hired staff members). Mayor Adkins closed the public comment period. Council comments included: need costs on staff time, need City Attorney time cost, need more opportunity for citizen comment, concerns about using volunteers in volatile situation, should take out Resolution Committee altogether, need to concentrate on open government and transparency committee, should be restricted to “inclusion” committee only, what are cost/budgets/bylaws of similar city commissions. For the January 24agenda, there will be consideration of bylaws and consideration of approval of ordinance and public comment period so there will be flexibility. Eric Monday will prepare the summary sheet for this next meeting. Consent Agenda: On a motion by Gene Teague, seconded by Kimble Reynolds, with a 5-0 vote, Council approved the following consent agenda: BUDGET ADDITIONS FOR 1/10/12 ORG OBJECT DESCRIPTION DEBIT CREDIT FY12 GENERAL FUND 01100909 490104 Advance/Recovered Costs 200 01331108 501300 Sheriff-Corrections - Part-time wages 200 donation 01100909 490104 Advance/Recovered Costs 1,500 01211070 503127 Circuit Court - General Professional Services 1,500 donation agreement with Judge Greer 01102926 436401 Categorical Federal - Confiscated Assets 1,401 01311085 506078 Police Dept - Federal Asset Forfeitures 1,401 City's share of Federal Asset Forfeiture 01101917 442810 Categorical Other State - Highway Projects 106,504 01413151 503140 Thoroughfare Constr - Prof. Services - Eng & Arch 106,504 Liberty Street Reimbursement Total General Fund: 109,605 109,605 Refuse Fund: 09102926 436442 Federal Grant - ARRA - Biomass Energy Grant 495,237 09425302 508220 Landfill - Physical Plant Expansion 495,237 Landfill Methane Energy Project Reimbursement Total Refuse Fund: 495,237 495,237 Electric Fund 14102926 436440 Federal Grant - ARRA - Energy Efficiency Grant 84,741 14565340 503140 Electric - General Exp. - Prof. Serv.-Eng & Arch 84,741 Hydro Plant Efficiency Grant Reimbursement Total Electric Fund: 84,741 84,741 SCHOOL FUND 18103919 443130 Harvest Foundation Grant 70,000 81621310 561120 Instructional S&W 4,695 81621310 562100 Social Security 314 81621310 562150 Medicare 91 81621310 563000 Purchased Services 35,250 81621310 565503 Travel 900 81621310 565800 Misc 750 81631310 561120 Instructional S&W 3,130 81631310 562100 Social Security 209 81631310 562150 Medicare 61 81631310 563000 Purchased Services 23,500 81631310 565503 Travel 600 81631310 565800 Misc 500 Total School Fund: 70,000 70,000 Leon Towarnicki gave a brief update on the City Hydro, Landfill project, Liberty Street construction, and Lanier Road water line project in response to Council members’ questions. Business from the floor: Chief of Police Mike Rogers reported the Police Department is presently advertising for police officer positions due to vacancies and he also noted that he was very January 10, 2012 pleased with Clarence Monday as his City Manager as he was always prepared. City Attorney Eric Monday reported the taser case against the city was dropped and he also noted that Clarence Monday is a dear friend and he was the fifth city manager he has worked with and it has been a pleasure. Council comments: Stroud-wished Clarence Monday good luck. Interim City Manager comments: reminded Council of upcoming ribbon cutting at Depot Street; briefly updated Council on Fiber Optic Internet Program master plan noting proposals have been solicited for developing a business plan and staff will interview firms to proceed in order to allow Council to make a decision on going forward with the program with a Council work session to be scheduled in next few months to make that decision. Closed Session: In accordance with Section 2.1-344 (A) of the Code of Virginia (1950, and as amended) and upon a motion by Kimble Reynolds, seconded by Gene Teague, with the following 5-0 recorded vote: Adkins, aye; Teague, aye; Reynolds, aye; Stroud, aye; and Turner, aye, Council convened in Closed Session, for the purpose of discussing the following matters: (A) Appointments to boards and commissions as authorized by Subsection 1 and (B) A personnel matter as authorized by Subsection 1. At the conclusion of Closed Session, each returning member of Council certified that (1) only public business matters exempt from open meeting requirements were discussed in said Closed Session; and (2) only those business matters identified in the motion convening the Closed Session were heard, discussed, or considered during Session. On a motion by Kimble Reynolds, seconded by Gene Teague, with the following recorded 5-0 vote: Adkins, aye; Reynolds, aye; Teague, aye; Stroud, aye; and Turner, aye, Council returned to Open Session. Action taken: On a motion by Kim Adkins, seconded by Gene Teague, with a 5-0 vote, Council appointed Rives Coleman of 603 Mulberry to an unexpired 4 year term ending 9/26/15 on the Industrial Development Authority. On a motion by Gene Teague, seconded by Danny Turner, with a 5-0 vote, Council appointed Mark Stroud of 1204 Oakgrove Avenue to an unexpired 3 year term ending 6/30/13 on the Piedmont Regional Community Services Board. No other action was taken. There being no further business, the meeting adjourned at 9:45 PM. _______________________________ __________________________ Brenda Prillaman Kim Adkins Clerk of Council Mayor