City Council

AGENDA--CITY COUNCIL--CITY OF MARTINSVILLE, VIRGINIA Council Chambers – Municipal Building 6:00 pm CLOSED SESSION 7:30 pm REGULAR SESSION Tuesday, August 28, 2012 6:00pm--Closed Session 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. The condition, acquisition, use, or disposition of real property as authorized by Subsection 3. C. Appointments to boards and commissions as authorized by Subsection 1. 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. Invocation -– Vice Mayor Kimble Reynolds Pledge to the American Flag 1. Consider approval of Council meeting minutes of June 26, 2012, July 10, 2012 and July 24, 2012. (2 mins.) 2. Recognize City Employees who are eligible for Employee Service Awards-July 1-September 30, 2012. (2 mins.) 3. Presentation of proclamation recognizing Martinsville native, General Dennis Via. (5 mins.) 4. Presentation of proclamation recognizing Exchange Club’s Baby Safety Month 2012. (2 mins.) 5. Presentation of proclamation proclaiming Sept.3-7, 2012 as National Payroll Week. (2mins.) 6. Consider approval of resolution honoring Max Wingett. (5 mins.) 7. Hear an update from Piedmont Community Services. (5 mins.) 8. Consider adoption of a resolution setting the allocation percentage for personal property tax relief for qualifying vehicles in the City of Martinsville for tax year 2012. (5 mins.) 9. 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 10. Comments by members of City Council. (5 min.) 11. Comments by City Manager. (5 mins.)  City Council Agenda Summary Meeting Date: August 28, 2012 Item No: 1. Department: Clerk of Council Issue: Consider approval of minutes of City Council June 26, 2012, July 10, 2012, and July 24, 2012 meetings. Summary: None Attachments: June 26, 2012 minutes July 10, 2012 minutes July 24, 2012 minutes Recommendations: Motion to approve minutes as presented 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 made a motion to cut city library funding $64,000 to follow suit with today’s county budget action. 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. 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 June 26, 2012 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. Consent agenda: On a motion by Gene Teague, seconded by Kimble Reynolds, with a 5-0 vote, Council approved the following consent agenda: June 26, 2012 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 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. June 26, 2012 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 July 10, 2012 The regular meeting of the Council of the City of Martinsville, Virginia, was held on July 10, 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, Bobby Phillips 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 Kimble Reynolds, seconded by Mark Stroud, 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 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. (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. 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 Closed 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. No action was taken. Following the invocation by Vice Mayor Kimble Reynolds and Pledge to the American Flag, the Mayor welcomed everyone to the meeting. Minutes: On a motion by Gene Teague, seconded by Mark Stroud, Council approved the minutes of the May 1, 2012 and May 3, 2012 meetings. Mayor Adkins advised the EDC report from Mark Heath will occur later on the agenda. Henry Hotel update: Leon Towarnicki presented the following information regarding annual costs incurred by the City related to the Henry Hotel since acquisition of the property in 2009: July 10, 2012 Mr. Towarnicki noted several future maintenance issues that will need to be addressed, including an estimated $35,000 for roof replacement. Council discussion points included: getting other developers involved; selling possibilities; leasing possibilities; suspending debt service to Harvest; seek recommendation from Phoenix CDC for their plans to get property back on tax roll with best use of property for Uptown. City staff was directed to work with Ray Gibbs and bring back an update at next Council meeting on plan for expense control, update on current plan for development, and an alternate plan update. EDC report: Mark Heath presented the monthly update to Council regarding EDC activities. Mr. Heath was asked to present at his next Council update, an assessment on Commonwealth Crossing and interest shown, a comprehensive review of trade shows attendance, and information on historic trend in prospects over time. Littering ordinance approval on 2nd reading: Eric Monday briefed Council on the revised littering ordinance which was approved on first reading at the last meeting. On 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 approved the following littering ordinance on second reading: BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in regular session held on July 10, 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. Resolution regarding declaration of emergency: Leon Towarnicki reported that over the weekend of June 29–July 1, 2012, the City experienced a widespread power outage along with downed trees and windblown debris resulting from the thunderstorm and high wind event that occurred late Friday, June 29th. Due to the nature of the emergency, the City of Martinsville activated essential personnel, and deployed resources for the purposes of public notification, preservation of public safety, and restoration of City infrastructure and services. The City Manager, under authority as the City’s Director of Emergency Management, in accordance with Virginia Code section 44-146.21, declared a local emergency and the resolution for Council’s adoption authorizes the City Manager and staff to execute necessary applications for Federal and /or State disaster recovery funding, if applicable, for reimbursement, repairs, and/or mitigation due to the aforementioned condition. On a motion by Gene Teague, seconded by Mark Stroud, with a 5-0 vote, Council adopted the following resolution: July 10, 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 7/10/12 ORG OBJECT DESCRIPTION DEBIT CREDIT FY12 General Fund: 01100909 490104 Advance/Recovered Costs 1,185 01211070 506104 Circuit Court - Non-Capital Equipment 1,185 Equipment purchased with Court funds 01100909 490801 Recovered Costs - Senior Citizens 5,770 01714212 501300 Senior Citizens - Part-time Wages 2,330 01714212 502100 Senior Citizens - Social Security 144 01714212 502110 Senior citizens - Medicare 34 01714212 506049 Senior Citizens - Vehicle Fuel 1,191 01714212 506016 Senior Citizens - Program Supplies 2,071 Transportation Grant & Recovered Program Supplies Total General Fund: 6,955 6,955 CDBG Fund: 47101917 447026 Categorical State Other - Uptown 27,243 47832379 508250 NSP 3 - Land/Property Acquisition 27,243 Grant funding Total CDBG Fund: 27,243 27,243 Business from floor: Doug Sharpe, 206 Clearview Drive, commended city staff on quick response during recent incident at his property. Jody Trick commented he is working on a merit badge for his Eagle Scout designation. Council comments: Turner-commented on problems with water drainage on Indian Trail and asked city staff to investigate what can be done; Stroud-appreciative of city employees during the recent power outage and urged city staff to seek storm water grants; Reynolds-thanked city employees for outstanding job; Adkins-also expressed thanks to city employees. 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 Mark Stroud, 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 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. (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. 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 July 10, 2012 motion convening the Closed Session were heard, discussed, or considered during Closed 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. There being no further business, the meeting adjourned at 9:40pm. _______________________________ __________________________ Brenda Prillaman Kim Adkins Clerk of Council Mayor July 24, 2012 The regular meeting of the Council of the City of Martinsville, Virginia, was held on July 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, Mark Stroud and Danny Turner. Gene Teague was absent due to an unavoidable, last minute out of town business meeting. Staff present included: Leon Towarnicki, Interim City Manager, Brenda Prillaman, Eric Monday, Linda Conover, Mike Rogers, Kathy Dodson, Lisa Holiday, Mary Kay Washington and Kris Bridges. Following the invocation by Council Member Mark Stroud and Pledge to the American Flag, the Mayor welcomed everyone to the meeting. Minutes: On a motion by Danny Turner, seconded by Kimble Reynolds, with a 4-0 vote, Council approved the minutes of the May 8, 2012 meeting. Recognitions: Mayor Adkins welcomed Dr. Angeline Godwin, new President of Patrick Henry Community College, to the meeting and Dr. Godwin gave brief remarks to Council. City Finance Staff members, Linda Conover, Kathy Dodson, Lisa Holiday, and Mary Kay Washington were formally recognized by City Council for receiving the Certificate of Achievement for Excellence in Financial Reporting for the City of Martinsville by the Government Finance Officers Association of the United States and Canada (GFOA) for the FY2011 Comprehensive Annual Financial Report. Update on Martinsville High School renovation project: Superintendent Pam Heath updated Council on the renovation project at Martinsville High School noting that most of the heavy demolition will be completed before classes begin on August 13. Reversion discussion: City Attorney Eric Monday addressed Council on the need for studies of certain aspects of reversion. These studies serve two purposes (1) to enable Martinsville to decide whether reversion is a desirable option to pursue, and (2) in the event the City does pursue reversion, to properly prove its case. There are three studies which are necessary: (A) a “where are we going” study which will analyses the financial viability of the city over the short and long term, (B) a “what is the impact” of reversion study which would analyze the effect of reversion on both the City/Town and County and its citizens, and (3) a “school consolidation” study analyzing the impact of a merged City/County school system. Some of these issues have been studied before and, hopefully, the firms hired can incorporate and build on this earlier work. The estimated cost is $120,000.00. The City Attorney also reviewed the criteria for reversion found in Code of Virginia section 15.2- 4106, and described the actual process of submitting petitions and evidence first to the Commission on Local Government and then to the special reversion court, and also discussed the other reversions which have occurred in South Boston, Clifton Forge, and Bedford. He also discussed the advantages of a negotiated reversion as opposed to a litigated one; costs for negotiation, using outside special counsel, being estimated at $250,000 to $300,000 and for a litigated reversion $500,000 to $600,000. Either process would take an estimated two to three years. Mayor Adkins opened the public comment period noting more public comment will be taken at next two meetings as well. Tyler Millner, 631 Holland Circle, Axton, commented reversion discussion was depressing and asked that more facts be presented to citizens; Ural Harris, 217 Stuart St., commented city does not have a choice and needs to proceed; Regina Harris, July 24, 2012 Fieldale, commented she was against reversion and encouraged city to give more money to the SPCA. Mayor Adkins closed the public comment period. Henry Hotel options: City Attorney, Eric Monday, provided the following information: MEMORANDUM TO: Honorable Mayor Adkins and Members of Council FROM: City Attorney, City Manager RE: Henry Hotel DATE: July 18, 2012 The City purchased the Henry Hotel, a 1920s structure which had been subsidized housing since the 1980s, in 2009. The City purchased the building, with the majority of funding being loaned by the Harvest Foundation, because a community development corporation did not exist. Negotiations with the Harvest Foundation at that time agreed that a CDC would be the appropriate entity to own the building, but since one did not exist at that time, the City would hold title, to be transferred once the CDC came into existence. Phoenix CDC was formed in 2010 and has yet to accept title to the Henry Hotel. The Hotel was acquired out of foreclosure proceedings. The reason for the acquisition was that the Henry, one of the largest and most prominently located structures in Uptown Martinsville, was an essential building to have rehabilitated as part of any revitalization of uptown Martinsville. It was also believed that the primary use of the building at that time—subsidized housing—was not compatible with the revitalization plan for Uptown. Acquisition by the City (or CDC) would ensure that the Henry would be redeveloped in a manner compatible with the vision for Uptown. Since that time, that City has maintained the building at an approximate annual cost of $55,000.00, and the Phoenix CDC, while studying the issue of rehabilitation, has been unsuccessful in formulating any viable plans. The options for the Henry hotel are: 1. Renegotiation of existing leases. Both current leases for two businesses (insurance office and restaurant) on the main floor are currently month-to-month. These leases could be renegotiated to better reflect and offset the current costs to operate the building. At present the refrigerators in the restaurant require upgrades, and the building’s roof is in need of repair. Any significant increase in rent could negatively impact these two existing businesses. 2. Mothballing the building. If the two tenants vacate, utility services could be essentially shut down or minimized. The building’s roof will still require attention. 3. Demolition of the building. 4. Listing for sale on the open real estate market. The sale could be subject to restrictive covenants to ensure future redevelopment of the building is consistent with Uptown revitalization efforts. 5. City actively seeking a private developer, with or without City partnering, to redevelop the building using all available incentives, including historic tax credits. 6. Further discussion of transferring title to the Phoenix CDC. The Harvest Foundation is a necessary party to these discussions. City staff believes that actually holding title to the building would provide a greater incentive to Phoenix to redevelop the property. Staff recommends: (1), proceeding either in whole or in part to (2), if either or both tenants vacate. (3) is not recommended. Staff also recommends that (4) (5) and (6) be undertaken immediately, with (4) and (5) to be discontinued if (6) comes to fruition. (6) is the preferred result. Ray Gibbs comments included: Phoenix CDC is not financially able to take over the building and everything is being done to find tax credits for redevelopment and encouraging other developers to become involved. After discussion, Council agreed to direct staff to continue working with CDC, issue a RFP that would include the Uptown vision, and look at lease agreements of current tenants. Staff is to report back to Council at the December 2012 Council meeting with an update on Henry Hotel. FY13 Council Neighborhood meetings: Council agreed by consensus to direct staff to confirm locations and dates for FY13 Neighborhood meetings. Consent agenda: On a motion by Kimble Reynolds, seconded by Mark Stroud, with a 4-0 vote, Council approved the following consent agenda: BUDGET ADDITIONS FOR 7/24/12 ORG OBJECT DESCRIPTION DEBIT CREDIT FY12 General Fund: 01102926 436401 Federal Confiscated Assets - Police Dept. 124 01311085 506079 Police Dept. - Federal Asset Forfeitures 124 appropriate seizure funds 01101917 442701 Categorical Other State - Fire Programs Fund 5,221 01321102 506110 Fire Dept. - State Grant - Fire Programs 5,221 Grant funds Total General Fund: 5,345 5,345 July 24, 2012 Water Fund: 12101918 443306 Grants - State - WSAG Lanier Rd Project 19,642 12541311 508220 Water - Physical Plant Expansion 19,642 Grant Reimbursement Total Water Fund: 19,642 19,642 Business from floor: Ural Harris, 217 Stuart St., comments on budget and EDC funding. Council comments: Turner-congratulations to Jack Adkins; Stroud-spoke with Senator Warner’s staff regarding early warning system funding; Adkins-thanked Chamber for representing city at Women in Ministry event and advised she participated in the memorial service for Dr. Hoffman. Interim City Manager comments: reported city staff already discussing next year’s budget and noted it is a day-to-day, week-to-week process. There being no further business, the meeting adjourned at 9:07pm. _______________________________ __________________________ Brenda Prillaman Kim Adkins Clerk of Council Mayor  City Council Agenda Summary Meeting Date: August 28, 2012 Item No: 2. Department: Human Resources Issue: Recognize City Employees who are eligible for Service Awards – July 1 through September 30, 2012 Summary: The Service Award Program is designed to build individual morale and show appreciation to the long-service employee for their faithful service to the City of Martinsville. Attachment: Listing of City Employees who are eligible for the service award for the first quarter of FY 12-13. TO BE READ BY MAYOR. NO ACTION NECESSARY. SERVICE AWARD RECIPIENTS FIRST QUARTER - FISCAL YEAR 12-13 FOR THE PERIOD OF JULY 1 THROUGH SEPTEMBER 30, 2012 EMPLOYEE DEPARTMENT YEARS Leonard Carter Fire 25 Lisa Holiday Finance 25 Richard Young Public Works 25 Buren Shively Public Works 25 Garland Davis Public Works 25 Marvin Donavant Water Resources 25 Weldon Reynolds Engineering 15 Ted Anderson Fire 15 Tonija Hairston Sheriff 15 Marcus Clark Waste Water Plant 15 Richard Ratcliffe Police 10 Kenneth Turner Waste Water Plant 10 Karen Walker City Manager 5 Ronnie Wray Police 5 Douglas Graham Police 5 Gary Setliff Public Works 5 Jeffery Nelson Public Works 5  City Council Agenda Summary Meeting Date: August 28, 2012 Item No: 3. Department: City Manager Issue: Presentation of proclamation recognizing Martinsville native, General Dennis Via. Summary: General Via will be present to accept the proclamation and make brief remarks. Attachments: Proclamation Recommendations: Presentation only  PROCLAMATION Whereas, Martinsville, Virginia, native General Dennis L. Via has honorably and loyally served in the U.S. Army for more than 30 years; Whereas, General Dennis L. Via is a 1980 Distinguished Military Graduate of Virginia State University in Petersburg; Whereas, General Dennis L. Via will assume command of the U.S. Army Materiel Command, the Army’s premier provider of materiel readiness, at Redstone Arsenal, Alabama; Whereas, General Dennis L. Via’s patriotism and career achievements have garnered the confidence of the President of the United States as confirmed by the U.S. Senate in his ability to lead and mold future generations of Soldiers and Civilians; Whereas, General Dennis L. Via has continually brought pride and recognition to the City of Martinsville; Whereas, General Dennis L. Via, his wife Linda, and their sons Brian and Bradley, remain a source of inspiration and a reminder of diligent service and sacrifice to the City of Martinsville and all of its residents; Now, therefore, I, Kim Adkins, Mayor of the City of Martinsville, do join with the Martinsville City Council in honoring General Dennis L. Via for his dedicated service to our Nation and for representing our City with dignity and honor both at home and in military service abroad. ___________________________ Kim Adkins, Mayor  City Council Agenda Summary Meeting Date: August 28, 2012 Item No: 4. Department: City Manager Issue: Presentation of proclamation recognizing Exchange Club’s Baby Safety Month September 2012. Summary: Exchange Club representatives will be present to accept the proclamation. Attachments: Proclamation Recommendations: Presentation only  P R O C L A M A T I O N WHEREAS, more than 3.2 million cases of Child Abuse were reported last year affecting the lives of millions of children into whose hands we will eventually entrust the future of our Nation; and WHEREAS, roughly shaking a baby can cause brain damage or death, the Martinsville Exchange Club is promoting the month of September as Baby Safety Month, and look to educate the public about the dangers of Shaken Baby Syndrome; and WHEREAS, Shaken Baby Syndrome occurs when a young child’s head is snapped back and forth during violent shaking, and it occurs most frequently in infants younger than six months, yet can occur up to the age of three; and WHEREAS, a child’s head and neck muscles are weak and still developing, shaking a baby for only a few seconds can injure the baby for life; Now, therefore, as Mayor of the City of Martinsville, Virginia, I, Kim Adkins, ask our citizens and, in particular, parents to respond to the call of preventing Child Abuse and support the Exchange Club as they make a concentrated effort to make children our number one priority; And, further, I do hereby proclaim the month of September 2012, as Baby Safety Month in Martinsville, VA, to help focus public attention on this problem and to join forces with the Exchange Club of Martinsville & Henry County through both example and education to combat Child Abuse; and Kim E. Adkins Mayor  City Council Agenda Summary Meeting Date: August 28, 2012 Item No: 5. Department: City Manager Issue: Presentation of proclamation proclaiming Sept. 3-7 as National Payroll Week. Summary: The American Payroll Association founded National Payroll Week in 1996. National Payroll Week coincides with the celebration of Labor Day. This special week celebrates the economic, cultural, and social contributions the people who work to support the American dream and highlight the partnership between taxpayers and payroll professions. The American Payroll Association represents Virginia residents and businesses throughout the Commonwealth and contributes millions of dollars to the state and federal treasuries through payroll taxes each year. These taxes include both federal and state withholding, which go toward important civic projects, including roads, schools and parks. Taxpayers and payroll professionals are also partners in supporting the Social Security and Medicare systems. In addition, companies are now playing an increasingly important role in the enforcement of child support laws by calculating and deducting child support payments from workers’ pay. Attachments: Proclamation Recommendations: for presentation only.  P R O C L A M A T I O N Whereas the American Payroll Association, with over 20,000 members, strives to increase awareness of the importance of payroll and the payroll professional’s role in the U.S. business community. It is intended to pay tribute to the more than 156 million wage earners who work in the United States and the payroll professionals who support the American system by paying wages, reporting worker earnings and withholding federal employment taxes; and Whereas payroll professionals in Martinsville, Virginia play a key role in maintaining the economic health of Martinsville, carrying out such diverse tasks as paying into the unemployment insurance system, providing information for child support enforcement, and carrying out tax withholding, reporting and depositing; and Whereas payroll departments contribute, collect, report, and deposit approximately $1.7 trillion, or 71.8% of the annual revenue of the U.S. Treasury; and Whereas payroll professionals play an increasingly important role ensuring the economic security of American families by helping to identify noncustodial parents and making sure they comply with their child support mandates; and Whereas payroll professionals have become increasingly proactive in educating both the business community and the public at large about the payroll tax withholding systems; and Whereas payroll professionals meet regularly with federal and state tax officials to discuss both improving compliance with government procedures and how compliance can be achieved at less cost to both government and businesses; and Whereas the week in which Labor Day falls has been proclaimed National Payroll Week, I, Kim Adkins, hereby give additional support to the efforts of the people who work in Martinsville, Virginia and of the payroll profession by proclaiming September 3 – 7, 2012 as National Payroll Week for the City of Martinsville, Virginia. Kim Adkins Mayor City of Martinsville, Virginia  City Council Agenda Summary Meeting Date: August 28, 2012 Item No: 6. Department: City Manager Issue: Consider approval of resolution honoring Dr. Max Wingett. Summary: Dr. Wingett will be present to accept the resolution. Attachments: Resolution Recommendations: Motion to adopt resolution and presentation.  RESOLUTION WHEREAS, Dr. Max Wingett has served as President of Patrick Henry Community College since 1978 with 34 years of impressive growth at the college; and WHEREAS, under his leadership, Patrick Henry Community College has tripled its enrollment providing opportunities for a tremendous number of individuals to pursue their education; and WHEREAS, under his leadership, Patrick Henry Community College now offers career and technical programs such as motorsports technology and winemaking and was the first community college in Virginia to have sports programs sanctioned by the National Junior College Athletic Association bringing national recognition to our area; and WHEREAS, under his leadership, Patrick Henry Community College has been at the forefront of retraining displaced workers, training residents in the skills of the future and using distance learning so area students do not have to leave home to pursue higher degrees; and WHEREAS, Dr. Wingett is a forward-thinking, progressive-minded leader who actively demonstrates his dedication to education and while serving Patrick Henry Community College, millions have been raised for the college’s foundation as well as to construct both the Walker Fine Arts Center and the J. Burness Frith Economic Development Center; and WHEREAS, Dr. Max Wingett retired as President of Patrick Henry Community College on June 30, 2012, after a long, distinguished 38 year career as a college president in the state system; now, therefore, BE IT RESOLVED by the Council of the City of Martinsville, in regular session assembled August 28, 2012, that it does hereby express gratitude to Dr. Max F. Wingett for his years of service to the growth of the City of Martinsville and his dedication to education and this community and does, with this resolution, call upon its citizens to thank Dr. Wingett for the remarkable strides made forward by Patrick Henry Community College under his leadership. ******** ATTEST: _____________________________________ Brenda Prillaman, Clerk of Council August 28, 2012 Date Adopted  City Council Agenda Summary Meeting Date: August 28, 2012 Item No: 7. Department: City Manager Issue: Hear an update from Piedmont Community Services. Summary: Jim Tobin will give this update and answer any questions. Attachments: None Recommendations: No action required  City Council Agenda Summary Meeting Date: August 28, 2012 Item No: 8. Department: Commissioner of the Revenue Issue: Consider adoption of a resolution setting the allocation percentage for personal property tax relief for qualifying vehicles in the City of Martinsville for tax year 2012. Summary: On December 13, 2005 adopted an ordinance that established a local program of personal property tax relief that requires city council to annually set the relief allocation percentage that is anticipated to fully use the PPTRA relief funds provided to the city by the state. The commissioner of the revenue has completed the annual assessment of motor vehicles that have a Martinsville tax situs for tax year 2012. By ordinance, qualifying vehicles assessed at $1,000, or less, receive 100% relief. Qualifying vehicles with assessed values between $1,001 and the first $20,000 receive a calculated annual percentage of relief based on the number of qualifying vehicles and their associated assessments. The commissioner of the revenue estimates that a percentage rate of 56.03% will fully use all state PPTRA funds allocated to the city for Tax Year 2012. Attachments: Resolution Recommendations: Motion to adopt resolution  RESOLUTION SETTING THE ALLOCATION PERCENTAGE FOR PERSONAL PROPERTY TAX RELIEF IN THE CITY OF MARTINSVILLE FOR TAX YEAR 2012 WHEREAS, on December 13, 2005 by Ordinance 2005-8 the Martinsville City Council established a local program of tax relief that serves the best interests of its citizens regarding personal property tax on qualifying use vehicles, pursuant to modifications made by the General Assembly of Virginia to the Personal Property Tax Relief Act of 1998 (PPTRA); and WHEREAS, the city’s relief program requires the city council to adopt an annual percentage of local tax relief for personal use vehicles valued between $1,001 and the first $20,000 that will fully exhaust the PPTRA relief funds provided to the city by the Commonwealth of Virginia; and WHEREAS, the commissioner of the revenue has completed the annual assessment of motor vehicles with Martinsville tax situs for Tax Year 2012; and WHEREAS, the commissioner of the revenue estimates that a percentage of relief of 56.03% applied to the first $20,000 of assessed values for qualifying vehicles valued over $1,000 will fully use all available state PPTRA relief allocated for tax year 2012. NOW, THEREFORE BE IT RESOLVED by the Martinsville City Council that 56.03% shall be the percentage of relief to be applied to the first $20,000 in value of each qualifying vehicle with an assessed value more than $1,000 pursuant to and in accordance with provisions of Sec. 21-10 of the Martinsville City Code. Adopted this 28h day of August 2012. Kim E. Adkins, Mayor ATTEST: Clerk of Council VOTE Kim E. Adkins ______ Kimble Reynolds, Jr. ______ Mark C. Stroud, Sr. ______ M. Gene Teague ______ Danny Turner ______