City Council

June 12, 2012 The regular meeting of the Council of the City of Martinsville, Virginia, was held on June 12, 2012, in Council Chambers, Municipal Building, at 7:30 PM, Closed Session beginning at 7:00PM, with Mayor Kim Adkins presiding. Council Members present included: Mayor Kim Adkins, Vice Mayor Reynolds, Gene Teague, Mark Stroud and Danny Turner. Staff present included: Leon Towarnicki, Interim City Manager, Brenda Prillaman, Eric Monday, Linda Conover and Susan McCulloch. Mayor Adkins called the meeting to order and advised Council will go into Closed Session. In accordance with Section 2.1-344 (A) of the Code of Virginia (1950, and as amended) and upon a motion by Kim Adkins, seconded by Gene Teague, with the following 5-0 recorded vote: Adkins, aye; Teague, aye; Stroud, aye; Reynolds, 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. (B) A prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business’ or industry’s interest in locating or expanding its facilities in the community as authorized by Subsection 5. (C) Discussion of the award of a public contract involving the expenditure of public funds, including interviews of bidders or offerors, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body. (D) Consultation with legal counsel and briefings by staff members, attorneys or consultants pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by such counsel, as authorized by Subsection 7. Council recessed from Closed Session and re-convened in open session. A motion was made by Gene Teague, seconded by Kimble Reynolds, with a 5-0 vote, to re-appoint Carolyn McCraw, 1724 Meadowview Lane, to a 3 year term ending 6/30/15 on the Martinsville City School Board. A motion was made by Mark Stroud, seconded by Danny Turner, with a 5-0 vote, to re-appoint Robert Williams, 1017 Country Club Drive, to a 3 year term ending 6/30/15 on the Martinsville City School Board. A motion was made by Gene Teague, seconded by Mark Stroud, with a 5-0 vote, to appoint Kevin Belcher, 504 Rives Road, to a 4 year term ending 9/26/15 on the Industrial Development Authority. Mayor Adkins noted a change in the agenda with the addition of a proclamation. Minutes: On a motion by Gene Teague, seconded by Mark Stroud, with a 5-0 vote, Council approved the minutes of the April 10, 2012 meeting. Recognition: Mayor Adkins read a proclamation in memory of Dr. Richard L. Hoffman honoring his service to the Virginia Museum of Natural History. Update on City Manager search: Mayor Adkins announced that John Anzivino of Springstead will hold a public conference call at this time on Council agenda so Council can get his opinions on options of how the city should proceed with the city manager search due to recent events involving upcoming City Council elections and future reversion possibilities. Mr. Anzivino briefed Council on search options other localities had selected under these same circumstances. After discussion, Council agreed that no decision be made at this meeting as to delaying the search or not. Council wants to have conversation with the current Interim City Manager in closed session and will make a decision at the next Council meeting. Rezoning ordinance 2nd reading for 1150 Spruce St.: Mayor Adkins asked for public input on the re-zoning issue. Jim Wilson, Indian Trail-feels this is spot zoning and he is against the rezoning; June 12, 2012 Kevin Lewis, 721 Indian Trail-asked Council to re-consider approval; Sherry Lewis, 721 Indian Trail-this proposed re-zoning conflicts with land use plan and will negatively impact houses close by; Susan McCulloch noted that the 2008 Land Use Map has been updated and urban development area was investigated for the Druid Hills so Planning Commission felt this would be the highest use of the land; Nubby Coleman-noted change in market dynamics, taxes are being paid on Food Lion empty building, he will stand behind everything promised by Dollar General, asked Council to move ahead on the vote if the city is serious about finding revenue; Greg Hart, 719 Indian Trail-commented on issues with empty Food Lion building; Amy Hart, 719 Indian Trail-noted that 95% of Windsor Lane residents were not notified; Susan McCulloch noted that zoning requirements state that those landowners touching the parcel are required to be notified and those affected on Windsor Lane were notified; Mary Willett, 703 Windsor Lane-against rezoning; Jim Clark, 817 Spruce St.-water runoff problem issues with proposed rezoning. Mayor Adkins closed public comment period. Council discussion before vote: Adkins- rezoning request is consistent with comprehensive plan, is consistent with current business in the area and reasonable accommodations have been made by the developer. Turner-need to be business friendly and proffers offered are reasonable. Teague-believes rezoning is consistent with zoning in general area and is an appropriate re-zoning. Stroud-not in support of re-zoning, has concerns about storm water runoff and wants city to pursue storm water mitigation grants. Reynolds-not in support of re-zoning even though it is consistent with current zoning, thanked citizens for coming forward to state what they want for their community and noted that Council has to listen to citizens. On a motion by Gene Teague, seconded by Danny Turner, with the following recorded 3-2 vote: Adkins, aye; Reynolds, nay; Teague, aye; Stroud, nay; and Turner, aye, Council approved the ordinance, on second reading, to rezone 1150 Spruce Street from P-2 Professional to C-1A Intermediate Commercial. On a motion by Gene Teague, seconded by Danny Turner, with the following recorded 3-2 vote: Adkins, aye; Reynolds, nay; Teague, aye; Stroud, nay; and Turner, aye, Council approved the ordinance, on second reading, to amend the Future Land Use Map to show the parcel at 1150 Spruce Street as Commercial. June 12, 2012 Presentation from Commonwealth’s Attorney’s interns: Interns serving in Commonwealth Attorney’s office gave a presentation to Council regarding shoplifting. FY13 Budget ordinance approval on 2nd reading: Staff recapped actions from past worksessions noting there has surprisingly been very few comments regarding the FY13 proposed budget. Council discussion: Turner-pointed out he is opposed to the budget as it is not sustainable and requires using too much fund balance. Teague-concurs budget not sustainable but city staff positions have been eliminated and all possible cuts have been made. Reynolds-agreed with Mr. Teague and realizes we have to be reasonable when there is nothing else to offer. Stroud-will support budget and wants citizens to realize the personnel cuts are very real. Adkins-will support the budget vote. On a motion by Gene Teague, seconded by Mark Stroud, with the following recorded 4-1 vote: Adkins, aye; Reynolds, aye; Teague, aye; Stroud, aye; and Turner, nay, Council approved the ordinance, on second reading , establishing the City’s budget and tax rates for FY13. Resolutions regarding VRS contributions: Recent legislation calls for localities to make certain decisions by July 1, 2012 regarding employer and member VRS contributions and in order to confirm those decisions, adoption of two separate resolutions is necessary. The first resolution certifies the selection of the locality-specific contribution rate effective July 1, and the second resolution certifies the manner in which the five percent member contribution will be made. Regarding the first resolution, the rate selected for implementation is the VRS Board- certified rate for the 2012-2014 biennium for the City of 18.47%. The City has the option of using an alternate rate of 15.92% which is the higher of the current VRS Board-certified rate or 70% of the 2012/2014 rate, however, this rate does not fully fund the City’s VRS obligation and will result in higher VRS contributions in the future. The second resolution confirms the City’s decision to implement the five percent member contribution requirement by phasing in one percent annually over the next five years. The following resolution regarding the Employer Contribution Rate was approved by Council with a motion by Gene Teague, seconded by Kimble Reynolds, with a 5-0 vote and the following resolution regarding the Employer Implementation June 12, 2012 Schedule was approved by Council with a motion by Gene Teague, seconded by Kimble Reynolds, with a 5-0 vote: Resolution regarding Dan River ASAP: On a motion by Kimble Reynolds, seconded by Mark Stroud, with a 5-0 vote, Council approved the following resolution for Dan River ASAP approving the amended Articles of Agreement noting that the City of Martinsville is the fiscal agent: June 12, 2012 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 6/12/12 ORG OBJECT DESCRIPTION DEBIT CREDIT FY12 General Fund: 01100909 490104 Advanced/Recovered Costs 313 01217078 505500 Sheriff-Courts - Travel 313 Reimb-fuel & transportation 01101917 442601 Categorical State - Other 1,590 01322105 506114 EMS - Four for Life 1,590 Budget excess funding 01101918 443156 Grants - State -VDEQ 22,495 01812242 503143 Misc Exp - Environmental Evaluations 22,495 Grant funding 01102926 443157 Categorical Federal - Safe Routes to School 906 01413146 503140 Street Marking - Prof. Services - Engineering 906 Reimbursement 01101918 443312 Grants - State - JAG/LLEBG - Police 5,630 01311085 506106 Police - Non-capital Equip - JAG Grant 5,630 Grant funding 01102926 436430 Categorical Federal - SCAAP Funds 510 01331108 503400 Sheriff-Corrections - Prof.Serv.-Security System 510 Grant funding 01100909 490104 Advance/Recovered Costs 5,000 01412141 501300 Engineering - Part-Time Labor 2,000 01221082 501300 Commonwealth's Attorney - Part-Time Labor 3,000 New College - Summer Intern Program Total General Fund: 36,444 36,444 Meals Tax Fund: 02103936 407700 Proceeds from Indebtedness 9,300,000 02160270 509145 Issuance Expense 23,844 02160270 508260 Maintenance/Improvements - High School 9,276,156 Debt Issuance/Proceeds - VPSA QSCB Total Meals Tax Fund: 9,300,000 9,300,000 Electric Fund 14102926 436440 Federal Grant - ARRA - Energy Efficiency Grant 84,741 14565340 508220 Electric - General Exp. - Prof. Serv.-Eng & Arch 84,741 Hydro Plant Efficiency Grant Reimbursement 14100909 490104 Electric - Recovered Costs 3,000 14562337 501300 Electric Installation - Part-time Labor 3,000 New College - Summer Intern Program Total Electric Fund: 87,741 87,741 Capital Reserve Fund 16101918 416507 State Grant - VDEM Homeland Security Program 4,464 16572362 508075 Tools/Equipment - Police Dept 4,464 SHSP Grant 16103936 407701 Proceeds from Indebtedness 1,250,000 16577367 508140 Physical Plant Expansion - City Hall 1,200,850 16591392 509145 Issuance Expense 49,150 Debt Issuance/Proceeds - GO 2012 Total Capital Reserve Fund: 1,254,464 1,254,464 Business from floor: Charlotte Clark, 817 Spruce St.-comments regarding the continued flooding at her residence. Council comments: Stroud-asked for continued grant research on storm water issues; Reynolds-commented on Dr. Hoffman’s impact to area; Teague-suggested the concept of backyard complaints being approached like the city does demolitions (criteria/prioritization) and be discussed at a future meeting; Adkins-asked for Council’s support to charge the Planning Commission with two items (1) to conduct more frequent updates of the Comprehensive Plan (2) to re-visit the zoning code as it relates to new construction/parking/building issues. Council agreed by consensus to send the request to the Planning Commission for follow up. Interim City Manager comments: Mr. Towarnicki--public bus ridership increasing; city is continuing the search for grants related to storm water issues. Council then adjourned the regular session and re-convened Closed Session at 10:00pm. At the conclusion of Closed Session, each returning member of Council certified that (1) only public business June 12, 2012 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 Danny Turner, with the following recorded 5-0 vote: Adkins, aye; Reynolds, aye; Teague, aye; Stroud, aye; and Turner, aye. No action was taken. The meeting adjourned at 10:40pm. _______________________________ __________________________ Brenda Prillaman Kim Adkins Clerk of Council Mayor