City Council
Regular MeetingMartinsville, VA · June 26, 2012
Minutes
June 26, 2012
The regular meeting of the Council of the City of Martinsville, Virginia, was held on June 26, 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 Kimble Reynolds, Gene
Teague, Mark Stroud and Danny Turner. Staff present included: Leon Towarnicki, Interim City Manager,
Brenda Prillaman, Eric Monday, Linda Conover, Lane Shively, and Mike Rogers.
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
Gene Teague, seconded by Kimble Reynolds, 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) A personnel matter as authorized by Subsection 1. (B) 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 then returned to open session and Mayor Adkins advised Closed Session is
recessed until end of meeting.
Following the invocation by Mayor Adkins and Pledge to the American Flag, the Mayor welcomed
everyone to the meeting and noted three additional items for this agenda: Hear a request from New College
Institute, hear update on library funding, and consider re-appointment to Planning Commission.
Board appointment: A motion was made by Mark Stroud, seconded by Kimble Reynolds, with a 5-0
vote, to re-appoint Monty Ridenhour, 1231 Mulberry Rd., to the Planning Commission for a 4 year term
ending 6/30/16.
Minutes: On a motion by Kimble Reynolds, seconded by Mark Stroud, with a 5-0 vote, Council
approved the minutes of the April 24, 2012 and April 26, 2012 meetings.
Update on City Manager search: Mayor Adkins reported that the majority of Council agreed to
continue the city manager search process immediately and she will contact Springstead to get back on
schedule.
Request from New College Institute: Leanna Blevins presented information to Council regarding
funding that is available from five federal agencies through an Advanced Manufacturing Jobs and Innovation
Accelerator Challenge. The agencies are: Economic Development Administration, Employment and Training
Administration, Small Business Administration, National Institute of Standards and Technology and
Department of Energy. The City is being asked to serve as the fiscal agent that submits the grants with NCI
assuming the technical piece of writing the grants. On a motion by Danny Turner, seconded by Mark Stroud,
with a 5-0 vote, Council authorized the City Manager to sign the co-applicant agreement document.
Hear an update on Library funding: Leon Towarnicki updated Council on City’s funding of the Blue
Ridge Regional Library. He reported that the Henry County Board of Supervisors voted today to cut funds
directly related to the Bassett Historical Center. Library Board Chairman, Paula Burnette, presented lengthy
information regarding library funding needs. Council Member Teague stated that given the cuts this council
made to education, staff positions, and the numerous unfunded capital needs, he supported following suit
with today's county budget actions and he made a motion to cut Library Budget by $64,000 which was the
city's share of the Library funds previously allocated to support the Bassett Historical center. The motion
died for lack of a second. On a motion by Danny Turner, seconded by Kimble Reynolds, with a 5-0 vote,
Council agreed to cut city library funding $36,766.
June 26, 2012
Hear an update from Ray Gibbs, Phoenix CDC: Ray Gibbs updated Council on Phoenix CDC activities
and Henry Hotel progress. Council discussion points: time to consider putting Henry Hotel up for sale and
give Phoenix first refusal and the need to limit expenditures to city in upkeep of Henry Hotel. Council
directed Mr. Towarnicki to meet with Mr. Gibbs and come back with a report at the next Council meeting on
city’s costs on upkeep of the Henry Hotel and options.
Authorize documents relating to School Division VRS: A resolution is required to be signed by the
Locality Board Chairman regarding the Martinsville City School’s VRS Board-Certified Rate. The City School
Board approved the rate at their June 13, 2012 meeting. On a motion by Gene Teague, seconded by Kimble
Reynolds, with a 5-0 vote, Council authorized execution of the resolution for Martinsville City Schools: “Local
Governing Body Concurrence with School Division Electing to Pay the VRS Board-Certified Rate”.
Littering ordinance approval on 1st reading: City Attorney Eric Monday presented the following
information: The attached amended ordinance returns the penalty for littering to a class 1 misdemeanor. This
amendment results from citizen inquiries and suggestions. Since a class 1 misdemeanor is the maximum allowed, there
is no enhanced penalty for a subsequent offense. The authorized punishments for conviction of a misdemeanor are:
(a) For Class 1 misdemeanor, confinement in jail for not more than twelve months and a fine of not more than $2,500,
either or both. (b) For Class 2 misdemeanors, confinement in jail for not more than six months and a fine of not more
than $1,000, either or both. (c) For Class 3 misdemeanors, a fine of not more than $500. (d) For Class 4
misdemeanors, a fine of not more than $250.
On a motion by Kimble Reynolds, seconded by Mark Stroud, with the following recorded 5-0 vote: Adkins,
aye; Reynolds, aye; Teague, aye; Stroud, aye; and Turner, aye, Council approved the revised littering
ordinance, on first reading:
Sec. 18-1. Littering. (a) Any person who shall dump, throw, drop, deposit or dispose of any trash, garbage, refuse, dead animal carcass, rubbish, glass, ashes or litter
on any public property, street, sidewalk, right-of-way, property adjacent to such street or right-of-way or on private property without the consent of the owner shall be
guilty of a Class 4 1 misdemeanor for a first offense and a Class 3 misdemeanor for any subsequent offense.
(b) When a violation of the provisions of this section has been observed by any person, and the matter dumped, thrown, dropped, deposited or disposed of has been
ejected from a motor vehicle, the owner or operator of such motor vehicle shall be presumed to be the person ejecting such matter. Such presumption may be rebutted
by competent evidence.
June 26, 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 6/26/12
ORG OBJECT DESCRIPTION DEBIT CREDIT
FY12
General Fund:
01100906 461712 Services for Services- Internet Connections 600
01436168 505235 Fiber Optics - Internet Access Charges 600
Recovered costs
01100909 490104 Advance/Recovered Costs 18,415
01331108 501300 Sheriff/Corrections - Part-time & Temporary Wages 13,545
01331108 502100 Sheriff/Corrections - Social Security 840
01331108 502110 Sheriff/Corrections - Medicare 196
01331108 506008 Sheriff/Corrections - Vehicle Equipment & Maint. 2,545
01331110 506200 Sheriff/Annex - Prisoner Allowance 1,289
Total FY's reimbursement from Henry County for litter pickup.
Total General Fund: 19,015 19,015
Water Fund:
12101918 443306 Grants - State - WSAG Lanier Rd Project 78,000
12541311 508220 Water - Physical Plant Expansion 78,000
Grant Reimbursement
Total Water Fund: 78,000 78,000
Hear staff report on City Vehicle Policy: Leon Towarnicki provided the following information:
During discussion of the City’s capital needs at a recent budget work session, Council requested that staff provide information at a later date on the
City’s policy and practices related to take-home vehicles, as well as information regarding the decision process utilized to determine vehicle and
equipment replacement. This memorandum provides a brief update on both of these issues.
Take-Home Vehicles
There currently are 6 City departments allowing use of take-home vehicles – Police, Fire/EMS, Sheriff, Electric, Public Works, and Water/Sewer.
Each department assesses their own needs in regard to after-hours/emergency response requirements and develops their own internal policy regarding
which job functions are an appropriate use of a take-home vehicle.
The following is a list by department of current take home vehicles:
• Police (5 vehicles) - Police Chief; Captains (2); K-9 Units (2)
• Fire/EMS (3 vehicles) – Fire Chief; Fire Marshall; Emergency Management Coordinator
• Sheriff (9 vehicles) - Sheriff; Chief Deputy; Courts Administration; Corrections Administration; Work Force Manager; HEM (electronic
monitoring transport, project lifesaver); Civil Process (3)
• Electric (2 vehicles) – 6 vehicles are assigned to the after-hours call duty rotation but only 2 are used at any given time – typically a pickup
truck and a small single-bucket truck.
• Public Works (3 vehicles) – traffic Control; traffic signals/fiber/telecom; lead on-call employee
• Water/Sewer (1 vehicle) – lead on-call employee.
Additionally, both the Utilities Director and Assistant Public Works Director have a four-wheel drive vehicle assigned for work use, but not take-
home. When extreme weather conditions occur (or are predicted) and call-back is imminent, these vehicles may be taken home at their discretion.
Typically in most cases, take-home vehicles are not allowed to be used for personal use or to run errands. Stopping at stores on the way to and from
work is permitted as long as the stop is located along the normal route to and from work.
Vehicle/Equipment Replacement
For purposes of scheduling replacement, City vehicles and equipment are considered to fall in 3 distinct categories; (1) small items such as chain
saws, air compressors, mowers, small tractors, and blowers; (2) intermediate/typical vehicles such as cars, pickup trucks, vans, etc., and; (3) large
vehicles/equipment such as garbage trucks, bucket trucks, backhoes, fire trucks, etc.
Small Equipment
The City has a vast array of small equipment items that are essential to carrying out the numerous tasks required of employees. Equipment in this
category consists of small mowing equipment, string trimmers, blowers, air compressors, chain saws, etc. Most of this equipment is maintained by
the City garage and individual crews. Cost of this equipment can range from several hundred dollars to several thousand dollars. Smaller, less
expensive equipment items are typically operated until equipment failure occurs and then cost of repairs is compared to cost of replacement.
Generally if cost of repairs exceeds 50% of the cost of replacement, a replacement unit is purchased. Occasionally multiple units of non-functioning
like equipment are rebuilt into a usable unit. Other factors are also considered in the decision process such as are multiple units of the same piece of
equipment available, warranty, age of equipment and possible difficulty in obtaining replacement parts.
Intermediate Equipment
As noted, equipment in this category consists of “typical” vehicles such as cars, pickup trucks, and vans. The City uses data from several areas in
determining a replacement schedule and priority ranking for these types of vehicles. How and where the particular vehicle is used, maintenance
cost, and vehicle reliability are key components of the decision process. Additionally, the City garage uses a numerical ranking system taking into
account vehicle purchase price, age, mileage, service/maintenance issues and costs, accidents, and future maintenance needs that provides a method
of comparing vehicles and equipment for prioritization of replacement. Typically vehicles/equipment that are given the highest priority are those
vehicles that must be available to respond to emergencies or vehicles critical to providing services. Police and Fire/EMS vehicles and related
equipment are generally given the highest priority followed by essential services vehicles/equipment. Most vehicles in the “intermediate equipment”
category are stock, or close to stock items meaning there is typically an inventory of such vehicles available for purchase and lengthy delays in
June 26, 2012
obtaining such vehicles generally does not exist. The ability to obtain such vehicles quickly will often impact the replacement decision. Non-critical
vehicles in this category (pool cars, standard pickup trucks, etc.) are also available as pre-owned units and City staff will often look at these options
before deciding to purchase. Additionally, as new vehicles are purchased, the older vehicles are reassigned to other non-critical uses with the worst
of the fleet rotating out of service.
Large Vehicles/Equipment
Equipment in this category consists of garbage trucks, bucket trucks, fire trucks, front-end/bucket loaders, specialty equipment (paving machine,
sewer jet truck). These vehicles/equipment are generally the most expensive and require the most time to replace since many are not actually built
until specific orders are received, or in some cases involve the coordination of multiple manufacturers (a specialty piece of equipment mounted on a
truck chassis). Due to cost of purchase, these vehicles and equipment are generally kept the longest which often drives the replacement schedule due
to eventual obsolescence of equipment and inability to obtain replacement parts. Maintenance/repair costs and employee safety are key factors in the
replacement decision, followed by availability of backup/spare equipment. In some cases where only one item of a specific/needed piece of
equipment is available, replacement may be given a higher priority than if multiple pieces of identical equipment are available.
Summary
Recognizing there are limited resources, vehicles/equipment recommended for replacement are prioritized with emphasis on emergency services,
employee safety, and providing essential services for the citizens. Where possible, pre-owned vehicles (and equipment) are considered. Vehicles
being replaced are considered for other less critical needs with the worst vehicles rotating out of service and either traded in or auctioned.
Council thanked Mr. Towarnicki for providing the information requested.
Business from floor: Chad Martin-thanked Council for not cutting the Parks & Recreation Department,
extended an invitation to a clean-up day on July 14 at Albert Harris Park and reported he is working with a
group that is considering an Adopt-A-Park program.
Council comments: Stroud-reminder about Celebration 2012 at Martinsville Speedway; Turner-
reminder about July 5th celebration at Hooker Field; Adkins-reported a thank you note to Council was
received from Dr. Keiper of the VMNH for the Hoffman proclamation presented at a recent Council meeting.
Interim City Manager comments: Mustangs fireworks scheduled for July 5 and City Employee Night at
the Mustangs is this Saturday night; comments on Depot St. renovations; comments on PART bus ridership
setting a record on June 19 with 128 riders in one day.
Mayor Adkins announced Council will now suspend the open session and re-convene closed session.
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 Gene Teague, seconded by Danny Turner, with the following
recorded 5-0 vote: Adkins, aye; Reynolds, aye; Teague, aye; Stroud, aye; and Turner, aye, Council returned to
Open Session. No action taken.
There being no further business, the meeting adjourned at 9:30 pm.
_______________________________ __________________________
Brenda Prillaman Kim Adkins
Clerk of Council Mayor
Agenda
AGENDA-CITY COUNCIL--CITY OF MARTINSVILLE, VIRGINIA
Council Chambers – Municipal Building
7:30 p.m. regular session
Tuesday, June 26, 2012
CLOSED SESSION—7:00 PM
Items to be considered in Closed Session, in accordance with the Code of Virginia, Title
2.2, Chapter 37—Freedom of Information Act, Section 2.2-3711(A)—Closed Meetings, the
following:
A. A personnel matter as authorized by Subsection 1.
B. 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.
Invocation – Mayor Kim Adkins
Pledge to the American Flag
1. Consider approval of Council meeting minutes of April 24, 2012, and April 26, 2012.
(2 mins.)
2. Hear an update on the city manager search. (10 mins.)
3. Hear update from Ray Gibbs, Phoenix CDC. (15 mins.)
4. Consider authorizing execution of document “Local Governing Body Concurrence with
School Division Electing to Pay the VRS Board-Certified Rate”. (5 mins.)
5. Consider approval, on first reading, of revised littering ordinance. (10 mins.)
6. Consider approval of consent agenda. (2 mins.)
A. Accept & appropriate budget adjustments.
7. Hear staff report on City Vehicle Policy. (10 mins.)
8. Business from the Floor
This section of the Council meeting provides citizens the opportunity to discuss
matters, which are not listed on the printed agenda. In that the Council meetings
are broadcast on Martinsville Government Television, the City Council is
responsible for the content of the programming. Thus, any person wishing to
bring a matter to Council’s attention under this Section of the agenda should: (1)
come to the podium and state their name and address; (2) state the matter that
they wish to discuss and what action they would like for Council to take; (3) limit
their remarks to five minutes; and (4) refrain from making any personal
references or accusations of a factually false and/or malicious nature. Persons
who violate these guidelines will be ruled out of order by the presiding officer and
will be asked to leave the podium. Persons who refuse to comply with the
direction of the presiding officer may be removed from the chambers
9. Comments by members of City Council. (5 minutes)
10. Comments by City Manager. (5 minutes)
City Council
Agenda Summary
Meeting Date: June 26, 2012
Item No: 1.
Department: Clerk of Council
Issue: Consider approval of minutes of City Council April 24,
2012, and April 26, 2012 meetings.
Summary: None
Attachments: April 24, 2012 minutes
April 26, 2012 minutes
Recommendations: Motion to approve minutes as presented
April 24, 2012
The regular meeting of the Council of the City of Martinsville, Virginia, was held on April 24,
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, Wayne Knox, Mike Rogers, and Linda Conover. Prior to the regular Council meeting, NCI
held an information session from 6:30pm to 7:30pm for public viewing of the proposed NCI building.
Following the invocation by Mayor Kim Adkins and Pledge to the American Flag, the Mayor
welcomed everyone to the meeting. Mayor Adkins noted an adjustment in the agenda: Ray Gibbs of
Phoenix CDC is unable to be here to present an update and that item will be rescheduled.
Recognitions: Mayor Adkins presented a proclamation recognizing National Correctional Officers
and Employees Week 2012 which was accepted by Lt. Barker.
Public Hearing regarding conveying Baldwin Block to NCI: NCI Executive Director William
Wampler updated Council on the recent public information session held at Albert Harris School and the
information session held just prior to tonight’s Council meeting at City Hall. He noted that other
funding partners are awaiting Council’s action on the Baldwin Block property and that the NCI Board
voted to accept the draft agreement. Mayor Adkins reported that pursuant to Code of Virginia § 15.2-
1800 a public hearing is required to convey the block bordered by West Church, Market, Fayette and
Moss Streets. Barton Street was abandoned June 24, 2008 and is now part of the Block; that same day
Council voted to transfer the Block to the Southern Virginia Recreational Authority; this vote should be
rescinded if there is to be a transfer to another entity. Mayor Adkins opened the public hearing
regarding the city conveying Baldwin Block to NCI. Tony Jones, 612 Third St., reported he has talked
with 162 residents on the Westside of Martinsville and all have endorsed the project. Mayor Adkins
closed the public hearing. City Attorney Eric Monday explained technical issues that Council needs to
address as the Martinsville Redevelopment Housing Authority.
Martinsville Redevelopment Housing Authority actions regarding Baldwin Block: Eric Monday
briefed Council on needed action: Baldwin Block was acquired over a number of years. Some lots are
owned by MHRA and some by the City. To convey to a third party, it is more convenient that one entity
own all the lots. The MHRA owns lots 32 (01) C 08, 08A and 09 and 32 (01) D 03-07, 08, 09, 10, 11,
12, 13, 14, 15, 16, 17, 18, 20 and 21. Further, on June 24, 2008, Barton Street was abandoned, with
portions adjoining MHRA lots automatically reverting to the MHRA. This action is a technical one which
will allow the entire Block to be conveyed by a single deed. On a motion by Gene Teague, seconded by
Danny Turner, City Council recessed and then convened as Martinsville Redevelopment Housing
Authority. On a motion by Gene Teague, seconded by Mark Stroud, with the following 5-0 recorded:
Adkins, aye; Teague, aye; Reynolds, aye; Stroud, aye; and Turner, aye, the Authority approved the
transfer of the above listed lots and any interest in abandoned Barton Street to the City of Martinsville.
On a motion by Gene Teague, seconded by Mark Stroud, with a 5-0 vote, the MRHA adjourned and
Martinsville City Council re-convened.
April 24, 2012
City Council action on Baldwin Block: On a motion by Danny Turner, seconded by Kimble
Reynolds, with the following 5-0 recorded vote, Adkins, aye; Teague, aye; Reynolds, aye; Stroud, aye;
and Turner, aye, Council approved rescinding council vote of June 24, 2008 to transfer Baldwin Block
to the Southern Virginia Recreation Authority. Vice Mayor Kimble Reynolds expressed appreciation to
Senator Wampler and all involved to engage the community in the NCI endeavor. Mr. Reynolds noted
that since he serves as a member of the NCI Foundation Board, he will abstain from voting on the
agreement. On a motion by Danny Turner, second by Mark Stroud, with the following 4-0 recorded
vote, Adkins, aye; Teague, aye; Stroud, aye; and Turner, aye, (Reynolds-abstained), Council approved
the following Agreement for the Transfer of Title of the Baldwin Block property to NCI:
On a motion by Gene Teague, seconded by Mark Stroud, with the following 4-0 recorded vote: Adkins,
aye; Teague, aye; Stroud, aye; and Turner, aye, (Reynolds-abstained), Council approved transfer of the
entire Baldwin Block as previously outlined.
Public Comment regarding Martinsville City Manager search: Mayor Adkins reported on city
manager search process noting there have been 142 responses to the online survey, which is designed
to seek input from citizens on what qualities, qualifications and experiences they believe are important
characteristics for the City’s next manager to have. Responses from this survey will be used to develop
the community and position profile for the upcoming executive search for city manager and this profile
will let potential candidates know what we are looking for in our next city manager. Citizens were
encouraged to fill out the survey before the deadline of April 24. Mayor Adkins opened the public
comment period. No comments were made and the Mayor closed the public comment period.
Zoning ordinance amendments related to pawnshops 2nd reading: On a motion by Gene Teague,
seconded by Kimble Reynolds, with the following 4-1 recorded vote, Council approved the following
April 24, 2012
ordinance, on second reading, Adkins-aye; Teague-aye; Reynolds-aye; Stroud-aye; Turner-nay. Council
noted with the new language, this ordinance provides flexibility and addresses citizens’ concerns.
PROPOSED AMENDMENTS – ZONING ORDINANCE, Appendix B, City Code
(Strikethrough indicates deletion; italicized bold indicates addition)
SECTION XII: COMMERCIAL DISTRICTS
A. C-1 Neighborhood Commercial District
C. Uses permitted by special use permit in the C-1 District.
7. Pawnshops, potentially subject, but not limited to, the following conditions:
a. Establishment must maintain and file a daily report, as specified by the Code of Virginia Sec. 54.1-4009, electronically with local law
enforcement;
b. All of the items collected must be contained within the confines of the actual pawnshop;
c. An approved anti-crime security system must be installed to safeguard the premises;
d. Establishment shall not be located within 1000 feet of a similar establishment;
e. Establishment must be located at least 1000 feet from churches, schools, playgrounds;
f. Establishment cannot open for business prior to 10:00 a.m. and must close by 9:00 p.m.
E. C-1A Intermediate Commercial District.
F. Uses permitted by right in the C-1A District.
61. Pawnshops or second hand stores
G. Uses permitted by special use permit in the C-1A District.
7. Pawnshops, potentially subject, but not limited to, the following conditions:
a. Establishment must maintain and file a daily report, as specified by the Code of Virginia Sec. 54.1-4009, electronically with local law
enforcement;
b. All of the items collected must be contained within the confines of the actual pawnshop;
c. An approved anti-crime security system must be installed to safeguard the premises;
d. Establishment shall not be located within 1000 feet of a similar establishment;
e. Establishment must be located at least 1000 feet from churches, schools, playgrounds;
f. Establishment cannot open for business prior to 10:00 a.m. and must close by 9:00 p.m.
I. C-2 Central Business District.
J. Uses permitted by right in the C-2 District.
61. Pawnshops or second hand stores
K. Uses permitted by special use permit in the C-2 District.
7. Pawnshops, potentially subject, but not limited to, the following conditions:
a. Establishment must maintain and file a daily report, as specified by the Code of Virginia Sec. 54.1-4009, electronically with local law
enforcement;
b. All of the items collected must be contained within the confines of the actual pawnshop;
c. An approved anti-crime security system must be installed to safeguard the premises;
d. Establishment shall not be located within 1000 feet of a similar establishment;
e. Establishment must be located at least 1000 feet from churches, schools, playgrounds;
f. Establishment cannot open for business prior to 10:00 a.m. and must close by 9:00 p.m.
M. C-3 General Commercial District.
N. Uses permitted by right in the C-3 District.
58. Pawnshops or second hand stores
O. Uses permitted by special use permit in the C-3 District.
7. Pawnshops, potentially subject, but not limited to, the following conditions:
a. Establishment must maintain and file a daily report, as specified by the Code of Virginia Sec. 54.1-4009, electronically with local law
enforcement;
b. All of the items collected must be contained within the confines of the actual pawnshop;
c. An approved anti-crime security system must be installed to safeguard the premises;
d. Establishment shall not be located within 1000 feet of a similar establishment;
e. Establishment must be located at least 1000 feet from churches, schools, playgrounds;
f. Establishment cannot open for business prior to 10:00 a.m. and must close by 9:00 p.m.
SECTION XIII: BUSINESS AND MANUFACTURING DISTRICTS
E. M-1 Light Manufacturing District.
F. Uses permitted by right in the M-1 Light Manufacturing District.
57. Pawnshops or second hand stores.
G. Uses permitted by special use permit in the M-1 District.
7. Pawnshops, potentially subject, but not limited to, the following conditions:
a. Establishment must maintain and file a daily report, as specified by the Code of Virginia Sec. 54.1-4009, electronically with local law
enforcement;
b. All of the items collected must be contained within the confines of the actual pawnshop;
c. An approved anti-crime security system must be installed to safeguard the premises;
d. Establishment shall not be located within 1000 feet of a similar establishment;
e. Establishment must be located at least 1000 feet from churches, schools, playgrounds;
f. Establishment cannot open for business prior to 10:00 a.m. and must close by 9:00 p.m.
I. M-2 Heavy Manufacturing District.
J. Uses permitted by right in the M-2 Heavy Manufacturing District.
All uses are allowed in the M-2 District with exception of the following:
25. Pawnshops
K. Uses permitted by special use permit in the M-2 District.
4. Pawnshops, potentially subject, but not limited to, the following conditions:
April 24, 2012
a. Establishment must maintain and file a daily report, as specified by the Code of Virginia Sec. 54.1-4009, electronically with local law
enforcement;
b. All of the items collected must be contained within the confines of the actual pawnshop;
c. An approved anti-crime security system must be installed to safeguard the premises;
d. Establishment shall not be located within 1000 feet of a similar establishment;
e. Establishment must be located at least 1000 feet from churches, schools, playgrounds;
f. Establishment cannot open for business prior to 10:00 a.m. and must close by 9:00 p.m.
Update from Mark Heath: Mark Heath of the M-HC Economic Development Corp. gave an
update on activities and asked Council for level funding of the organization.
Local tax exemption request from Piedmont Youth Soccer League 2nd reading: On a motion by
Gene Teague, seconded by Mark Stroud, with the following 5-0 recorded: Adkins, aye; Teague, aye;
Reynolds, aye; Stroud, aye; and Turner, aye, Council approved the personal property tax exemption
ordinance, on second reading, designating Piedmont Youth Soccer League as a benevolent organization:
Local tax exemption request from the Pregnancy Care Center of MHC 2nd reading: On a motion
by Mark Stroud, seconded by Gene Teague, with the following 5-0 recorded: Adkins, aye; Teague, aye;
Reynolds, aye; Stroud, aye; and Turner, aye, Council approved the personal property tax exemption
ordinance, on second reading, designating Pregnancy Care Center of MHC, Inc. as a religious and
charitable organization:
April 24, 2012
Itinerant merchant fee for Uptown Farmer’s Market -ordinance approval 2nd reading: On a
motion by Gene Teague, seconded by Kimble Reynolds, with the following 5-0 recorded vote: Adkins,
aye; Teague, aye; Reynolds, aye; Stroud, aye; and Turner, aye, Council approved the ordinance, on
second reading, to set fee at $5.00 and make it retroactive to January 1, 2012:
Fund Balance Policy review: Finance Director Linda Conover presented information on the
proposed Fund Balance Policy for review and discussion noting that City Council is dedicated to
maintaining an appropriate level of fund balance sufficient to mitigate current and future financial risks
and to ensure stable tax rates; and, therefore, formally establishes this policy for the City’s Fund
Balance. This policy also authorizes and directs the Finance Director to prepare financial reports which
accurately categorize fund balance as required by Governmental Accounting Standards Board
Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions.
Adoption of this policy enhances the usefulness of fund balance information through clearer
fund balance classifications that can be more consistently applied and by clarifying existing
governmental fund type designations. There are some differences between fund balance and liquidity
(cash-on-hand) because some assets reported in the governmental funds inherently cannot be spent –
the nonspendable portion of fund balance. If resources are limited in how they can be spent due to
externally enforceable legal restrictions, they roll into fund balance as restricted. If the governing body
limits the use of fund balance and that limitation can only be removed by that same governing body
April 24, 2012
through similar action, those fund balance resources are considered committed. If a government has
intentions for certain resources, but they are not externally restricted or committed through formal
governing body action, those resources are considered assigned fund balance. If the general fund has
net resources in excess of the other four categories that surplus is considered unassigned. Council is to
give feedback and this item will be placed on a future agenda for approval of policy by July 1, 2012.
Business from floor: Ural Harris, 217 Stuart St.-comments on budget and proposed rate
increases; Council Member Turner asked for update on Prairie State project and Mr. Towarnicki advised
that information will be presented at next Council meeting; Patrick Henry Amateur Radio association
members gave a brief update on their organization and encouraged citizen participation in classes to be
offered.
Council comments: Stroud-pleased with NCI project; Reynolds-kudos to NCI for recognizing the
legacy of Dr. Baldwin; Turner-promoted attendance at Uptown activities; Adkins-commended NCI team
and Tony Jones’ leadership on the collaborative work done on the NCI project.
Interim City Manager comments: reminder about April 26 budget presentation and baseball
tournament events coming up in next several weeks.
There being no further business, the meeting adjourned at 8:55 pm.
_______________________________ __________________________
Brenda Prillaman Kim Adkins
Clerk of Council Mayor
April 26, 2012
A special meeting of the Council of the City of Martinsville, Virginia, was held on
April 26, 2012, in Council Chambers, Municipal Building, at 7:00 PM, to receive the City
Manager’s FY13 budget recommendations with Mayor Kim Adkins presiding. Council
Members present included: Mayor Adkins, Vice Mayor Kimble Reynolds, Gene Teague,
Danny Turner, and Mark Stroud. Staff present included: Leon Towarnicki, Interim City
Manager, Brenda Prillaman, Linda Conover, Mike Rogers, and Donna Odell.
Interim City Manager, Leon Towarnicki, presented the proposed FY13 budget for
Council’s consideration. The presentation and proposed FY13 budget is to be posted on
the city’s website.
On a motion by Gene Teague, seconded by Danny Turner, with a 5-0 vote, Council
agreed to set a public hearing for the FY13 budget for the May 22, 2012 Council meeting.
Council members have set budget work sessions for May 1 and May 3, 2012
beginning at 4:00pm. The public hearing and first reading of the FY13 budget ordinance
will be held on May 22, 2012, with the final vote on the FY13 budget on June 12, 2012.
There being no further business, Mayor Adkins adjourned the meeting at 7:35 pm.
_____________________________________ ___________________________
Brenda Prillaman, Clerk of Council Kim Adkins, Mayor
City Council
Agenda Summary
Meeting Date: June 26, 2012
Item No: 2.
Department: City Council
Issue: Hear an update on the city manager search.
Summary: City Council will update citizens on search for city manager.
Attachments: none
Recommendations: for information.
City Council
Agenda Summary
Meeting Date: June 26, 2012
Item No: 3.
Department: City Council
Issue: Hear an update from Ray Gibbs of Phoenix Community
Development Corporation.
Summary: Mr. Gibbs will update City Council on the Henry Hotel.
Attachments: none
Recommendations: for information.
City Council
Agenda Summary
Meeting Date: June 26, 2012
Item No: 4.
Department: City Manager
Issue: Consider authorizing execution of document “Local Governing
Body Concurrence with School Division Electing to Pay the VRS
Board-Certified Rate”.
Summary: The attached resolution is required to be signed by the Locality Board
Chairman regarding the Martinsville City School’s VRS Board-Certified Rate.
The City School Board approved the rate at their June 13, 2012 meeting.
Attachments: Resolution-Local Governing Body Concurrence with School Division
Electing to Pay the VRS Board-Certified Rate
School Board signed resolutions approved at their June 13, 2012 meeting:
VRS Resolution Employer Rate (Schools)
VRS Resolution Employer Implementation Schedule (Schools)
Recommendations: Motion to authorize execution of resolution for Martinsville City
Schools: “Local Governing Body Concurrence with School Division Electing to Pay the
VRS Board-Certified Rate”.
Local Governing Body Concurrence with School Division
Electing to Pay the VRS Board-Certified Rate
(In accordance with the 2012 Appropriation Act Item 468 (H))
Resolution
BE IT RESOLVED, that the City of Martinsville 55623 does hereby acknowledge that the Martinsville
City School Board has made the election for its contribution rate to be based on the employer contribution rates
certified by the Virginia Retirement System Board of Trustees pursuant to Virginia Code § 51.1-145(I) resulting
from the June 30, 2011 actuarial value of assets and liabilities (the “Certified Rate”); and
BE IT ALSO RESOLVED, that the City of Martinsville 55623 does hereby certify to the Virginia
Retirement System Board of Trustees that it concurs with the election of the Martinsville City School Board to
pay the Certified Rate, as required by Item 468(H) of the 2012 Appropriation Act; and
NOW, THEREFORE, the officers of the City of Martinsville 55623 are hereby authorized and directed
in the name of the City of Martinsville to execute any required contract to carry out the provisions of this
resolution. In execution of any such contract which may be required, the seal of the City of Martinsville, as
appropriate, shall be affixed and attested by the Clerk.
_________________________________________
Locality Board Chairman
CERTIFICATE
I, Brenda Prillaman, Clerk of the City of Martinsville, certify that the foregoing is a true and correct
copy of a resolution passed by the City of Martinsville and ratified by the City of Martinsville at a lawfully
organized meeting of the City of Martinsville held at Martinsville, Virginia at 7:30 P.M. o’clock on June 26,
2012. Given under my hand and seal of the City of Martinsville this 26 day of June, 2012
_______________________________________
Clerk
This resolution must be passed prior to July 1, 2012 and
received by VRS no later than July 10, 2012.
City Council
Agenda Summary
Date: June 26, 2012
Item No: 5.
Department: City Attorney
Issue: Consider approval of revised littering ordinance on
first reading.
Summary: The attached amended ordinance returns the
penalty for littering to a class 1 misdemeanor. This amendment
results from citizen inquiries and suggestions. Since a class 1
misdemeanor is the maximum allowed, there is no enhanced
penalty for a subsequent offense.
The authorized punishments for conviction of a misdemeanor
are:
(a) For Class 1 misdemeanors, confinement in jail for not more
than twelve months and a fine of not more than $2,500, either
or both.
(b) For Class 2 misdemeanors, confinement in jail for not more
than six months and a fine of not more than $1,000, either or
both.
(c) For Class 3 misdemeanors, a fine of not more than $500.
(d) For Class 4 misdemeanors, a fine of not more than $250.
Attachments: Draft ordinance.
Recommended Action: Motion to adopt on first reading with a
roll call vote.
City of Martinsville, Virginia
ORDINANCE 2012-______
BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in regular session
held on May 22, 2012 that sections 18-1 of the City Code be amended to read as follows:
Sec. 18-1. Littering.
(a) Any person who shall dump, throw, drop, deposit or dispose of any trash, garbage,
refuse, dead animal carcass, rubbish, glass, ashes or litter on any public property, street,
sidewalk, right-of-way, property adjacent to such street or right-of-way or on private
property without the consent of the owner shall be guilty of a Class 4 1 misdemeanor for a
first offense and a Class 3 misdemeanor for any subsequent offense.
(b) When a violation of the provisions of this section has been observed by any person,
and the matter dumped, thrown, dropped, deposited or disposed of has been ejected from a
motor vehicle, the owner or operator of such motor vehicle shall be presumed to be the
person ejecting such matter. Such presumption may be rebutted by competent evidence.
Attest:
__________________________________
Brenda Prillaman,
Clerk of Council
__________________________________
Date Adopted
__________________________________
Date Effective
BUDGET ADDITIONS FOR 6/26/12
ORG OBJECT DESCRIPTION DEBIT CREDIT
FY12
General Fund:
01100906 461712 Services for Services- Internet Connections 600
01436168 505235 Fiber Optics - Internet Access Charges 600
Recovered costs
01100909 490104 Advance/Recovered Costs 18,415
01331108 501300 Sheriff/Corrections - Part-time & Temporary Wages 13,545
01331108 502100 Sheriff/Corrections - Social Security 840
01331108 502110 Sheriff/Corrections - Medicare 196
01331108 506008 Sheriff/Corrections - Vehicle Equipment & Maint. 2,545
01331110 506200 Sheriff/Annex - Prisoner Allowance 1,289
Total FY's reimbursement from Henry County for litter pickup.
Total General Fund: 19,015 19,015
Water Fund:
12101918 443306 Grants - State - WSAG Lanier Rd Project 78,000
12541311 508220 Water - Physical Plant Expansion 78,000
Grant Reimbursement
Total Water Fund: 78,000 78,000
City Council
Agenda Summary
Meeting Date: June 26, 2012
Item No: 6.
Department: Finance
Issue: Consider approval of consent agenda.
Summary:
The attachments amend the FY12 Budgets with appropriations in the following
funds:
FY12:
General Fund: $19,015 – Recovered Costs & Reimbursements
Water Fund: $78,000 – Grant Reimbursement
Attachments: Consent Agenda 6-26-12.xls
Recommendations: Motion to approve consent agenda.
City Council
Agenda Summary
Meeting Date: June 26, 2012
Item No: 7.
Department: City Manager
Issue: Hear a staff update regarding replacement of City vehicles
and equipment, and information regarding departmental policies related to take-
home vehicles.
Summary: At one of the recent budget work sessions, staff was
requested to report back to Council at a later date on the City’s process of
determining replacement of vehicles and equipment, as well as departmental
polices related to take-home vehicles. Staff will provide an update on both of
these issues.
Attachments: none
Recommendations: None. Presented for information purposes only.
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