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City Council

Regular Meeting

Martinsville, VA · September 25, 2012

AgendaMinutes

Minutes

September 25, 2012 The regular meeting of the Council of the City of Martinsville, Virginia, was held on September 25, 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, Mike Rogers, and Dennis Bowles. 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; Stroud, aye; Reynolds, aye; Teague, aye; and Turner, aye, Council convened in Closed Session, for the purpose of discussing the following matters: (A) Appointments to boards and commissions as authorized by Subsection 1. (B) 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. (C) A personnel matter as authorized by Subsection 1. (D) 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. 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 Danny Turner, seconded by Mark Stroud, with the following recorded 5-0 vote: Adkins, aye; Reynolds, aye; Teague, aye; Stroud, aye; and Turner, aye, Council returned to Open Session. Action taken-Board appointments: Anchor Group Home-a motion was made by Kimble Reynolds, seconded by Mark Stroud, with a 5-0 vote, to appoint Lisa Smith, 803 Banks Rd., to an unexpired four year term ending 12/31/15. Patrick Henry Community College Board-a motion was made by Gene Teague, seconded by Danny Turner, with a 5-0 vote to appoint Brian Mateer, 106 Mulberry Ct., to an unexpired four year term ending 6/30/16. Southern Area Agency on Aging-a motion was made by Mark Stroud, seconded by Gene Teague, with a 5-0 vote, to re-appoint Madie Rountree, 1221 Mulberry Rd., to a three year term ending 9/28/15. Following the invocation by Mayor Adkins and Pledge to the American Flag, the Mayor welcomed everyone to the meeting. Minutes: On a motion by Gene Teague, seconded by Danny Turner, with a 5-0 vote, Council approved the minutes of August 14, 2012, August 28, 2012, September 10, 2012 Tour, and September 10, 2012 Neighborhood Meeting. Joint resolution with Henry County: The following joint resolution with Henry County and City of Martinsville to rename rescue squad building Summerlin Station was approved on a motion by Kimble Reynolds, seconded by Gene Teague, with a 5-0 vote. Henry County Board of Supervisors took the same action at their meeting on September 25, 2012. Robin Summerlin, Benny’s wife, and other representatives from Henry County were in attendance to accept the joint resolution: September 25, 2012 WHEREAS, Benny Summerlin was a role model and mentor for many people in Martinsville and Henry County, through his various roles in public service; and WHEREAS, among Mr. Summerlin’s public life began as an 8th grader when he volunteered for the Martinsville-Henry County Rescue Squad, and culminated with his service as the Henry County Administrator from 2002 until his death on August15, 2012; and WHEREAS, during his public service career Mr. Summerlin impacted many projects that involved both localities, including the Dick and Willie Trail, the Smith River Sports Complex, the Patriot Centre Business Park, and the Commonwealth Crossing Business Centre; and WHEREAS, Mr. Summerlin performed his duties with the utmost professionalism and dedication, and never once sought excessive public attention or credit for any of his accomplishments; and WHEREAS, the Martinsville-Henry County community is better for having Benny Summerlin working diligently for it over the past 31 years and even back to his volunteer days with the Martinsville-Henry County Rescue Squad: NOW THEREFORE BE IT RESOLVED, on this 25th day of September 2012, that the Henry County Board of Supervisors and the Martinsville City Council do hereby decree that the former Martinsville-Henry County Rescue Squad building on Hooker Street in the City now be known officially as the “Summerlin Station” in recognition of Benny Summerlin’s lifelong dedication to the art of public service. He will forever be missed. Resolution honoring Martinsville Speedway: On a motion by Mark Stroud, seconded by Danny Turner, with a 5-0 vote, Council approved the following resolution honoring Martinsville Speedway’s 65th Anniversary which was accepted by Speedway President Clay Campbell: WHEREAS, the presence of the Martinsville Speedway in our community sets us apart from other communities, with its international reputation and its connection to NASCAR Sprint Cup racing, which is one of the most popular sports in the world; and WHEREAS, in 1947, the first stock car race was held at Martinsville Speedway with over 6,000 fans in attendance which was a year before NASCAR was formed and two years before the first sanctioned NASCAR event was contested; and WHEREAS, Martinsville Speedway continues to excel in giving the fans a great “guest experience” playing a significant role in tourism efforts for our community; and WHEREAS, Martinsville Speedway hosts two NASCAR Sprint Cup races each year attracting millions of television viewers and thousands of race attendees drawing attention to our community worldwide; and WHEREAS, Martinsville Speedway plays host to the community-based July 4th celebrations and additional race weekends for grass-roots racing fans and has graced our community with its presence for the past 65 years as a good corporate citizen; NOW THEREFORE BE IT RESOLVED, on this 25th day of September 2012 that the Martinsville City Council applauds the immeasurable impact that the Martinsville Speedway has had on our community for the past 65 years and thanks the current and former employees and owners for all they have done for this community. Mayor Adkins noted an adjustment to agenda moving the ordinance approval item. Ordinance approval, second reading, public nuisances: After a report from City Attorney advising this ordinance was approved by Council on first reading at the last meeting and staff recommendation is still to declare the public nuisances, a motion was made by Gene Teague, seconded by Kimble Reynolds, with the following 5-0 recorded vote: Adkins, aye; Stroud, aye; Reynolds, aye; Teague, aye; and Turner, aye, to approve the following ordinance on second reading: September 25, 2012 Update from West Piedmont Workforce Investment Board—Executive Director of the West Piedmont Workforce Investment Board, Kim Adkins, gave a comprehensive update on the WPWIB history, organization, and activities. Ms. Adkins called on Martinsville-Henry County Chamber of Commerce President Amanda Witt to give an update the WPWIB’s services to employers as the WPWIB funds the Chamber to administer its services to the business community. Amanda Witt presented information on the Business Services Partnership and the Business Services Manager position services provided to assist the Workforce Investment Act (WIA) Program. Update from staff on Martinsville Mustangs 2012 season: Leon Towarnicki presented an update for Council’s information on the 2012 season for the Martinsville Mustangs baseball team: Update on Electric Rate Stabilization Plan: Dennis Bowles provided the following information to Council on the Electric Rate Stabilization Plan: During the FY13 budget review process and at later Council meetings, there have been questions regarding the City’s strategy for repayment of the AMPGS project stranded costs. The City is entering a period of time where purchased power costs are projected to decrease and by keeping retail power costs at a level or stable rate through use of a rate stabilization plan with American Municipal Power, funds accumulated from the difference between actual market costs and AMP’s wholesale rate to the City would be allocated to an interest-earning trust fund. The fund will be used to levelize the City’s wholesale power rate over an extended period of time, and at the end of the levelization term to pay the City’s portion of the AMPGS stranded costs. The “average” power costs are projected to be lower during FY13 and FY14 and the implementation of the Rate Stabilization Plan levelizes the power cost at $69.97 per megawatt-hour (MWh) producing funds needed for repayment of the AMPGS stranded cost. The accumulated funds also are used to maintain the $69.97 per MWh rate as the actual rate fluctuates from month to month both above and below the levelized rate. Since approval of the budget and earlier discussions regarding the original rate stabilization plan in June, updated power cost projections indicate a need to extend the Rate Stabilization Plan beyond the original plan’s term of 24 months covering FY13 and FY14, to a term of 42 months into FY16. In order to participate in this plan, AMP requires the City to enter into a rate stabilization agreement for the term necessary to reach a trust fund balance that will cover both the payment of the AMPGS stranded cost and result in a zero balance in the trust fund after that payment. Based on current power cost projections, participation in this plan will cover the City’s share of AMPGS stranded costs and provide level electric rates into FY16, unless other changes are made. GDS Associates projected power costs through FY-2016 and, along with Blue Ridge Power Agency and staff, have reviewed the revised plan and encourage the extension of the levelized rate to mid- FY 2016 (December 2015) to offset increasing power costs projected for FY15 and FY16 and make full repayment of AMPGS stranded cost at the end of the 42-month term. The rate stabilization plan that AMP offers its members (a service AMP has offered for some time), deposits member funds that are in excess of the monthly AMP power bill into a trust fund for the purpose of stabilizing future power cost and as a means to set aside funds necessary for repayment of AMPGS stranded cost. There are fees associated with the trust fund and the City, as the beneficiary of the trust fund, would have access to funds as needed and either party can terminate the agreement with 60 days written notice. The trust funds may be used to pay power invoices when the power bill is above what the levelized rate will cover and/or to pay the AMPGS sunk cost. September 25, 2012 $80 $78.43 Levelized Rates $78 $80 $76.58 $78.43 $78 $76 $74.51 $76 $74 $74.51 $73.88 $74 $72 $71.62 $/MWh $69.97 $72 $/MWh $70 $69.97 $69.97 $69.97 $69.97 $68.14 $70 $68 $66.71 $68.14 $68 $66 $66 $64.10 $64 $64 $62 2009 2010 2011 2012* 2013 2014 2015 2016 $62 2009 2010 2011 2012* 2013 2014 2015 2016 Fiscal Year Actuals Projected Fiscal Year Actuals Projected After lengthy Council discussion, Mr. Bowles was directed to find out the fee for administrative services of AMP for the plan and further consideration of the plan will be given at the next meeting, October 9. Consent Agenda: On a motion by Gene Teague, seconded by Mark Stroud, with a 5-0 vote, Council approved the following consent agenda: BUDGET ADDITIONS FOR 9/25/12 ORG OBJECT DESCRIPTION DEBIT CREDIT FY13 General Fund: 01100909 490104 Adv/Recovered Costs 5,405 01311085 506008 Police Dept - Vehicle Equip & Maint 5,405 Insurance for repairs to patrol car 01100904 442401 Local Confiscated Assets - Police 145 01311085 506118 Police Dept - Local Confiscated Assets 145 01100904 442402 Local Confiscated Assets - Comm. Attorney 145 01221082 506118 Comm. Atty. - Local Confiscated Assets 145 Local confiscated assets Total General Fund: 5,695 5,695 Electric Fund 14100908 482901 Misc - Unclassified Revenue 7,870 14563338 501200 Electric Maintenance - Overtime 7,310 14563338 502100 Electric Maintenance - Social Security 454 14563338 502110 Electric Maintenance - Medicare 106 Reimb from APCO - Wind Storm Clean-up - 7/3-7/6/12 Total Electric Fund: 7,870 7,870 Review outside agencies semiannual reports: No comments from Council regarding reports. Business from floor: Ural Harris, 217 Stuart St., comments on AMP, fiber optic system and Henry Hotel. Chad Martin-thanked Council for their work and encouraged participation in the community ballgame at Hooker Field. Council comments: Stroud-encouraged about ball game at Hooker Field; Turner-reminder about tree dedication on Spur Trail. There being no further business, the meeting adjourned at 9:45 pm. __________________________________ ____________________________________________ Brenda Prillaman, Clerk of Council Kim Adkins, Mayor

Agenda

AGENDA--CITY COUNCIL -- CITY OF MARTINSVILLE, VIRGINIA Council Chambers – Municipal Building 7:00 pm CLOSED SESSION 7:30 pm regular session Tuesday, September 25, 2012 7:00--Closed Session 1. 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. Appointments to boards and commissions 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. 7:30—Regular Session Invocation & Pledge to the American Flag– Mayor Adkins 1. Consider approval of Council meeting minutes of August 14, 2012, August 28, 2012, September 10, 2012 Tour and September 10, 2012 Neighborhood Meeting. (2 mins.) 2. Consider approval of a joint resolution with Henry County naming the former M-HC Rescue Squad building on Hooker Street “Summerlin Station”. (5 mins.) 3. Consider approval of a resolution honoring Martinsville Speedway’s 65th Anniversary. (5 mins.) 4. Hear an update from West Piedmont Workforce Investment Board. (10 mins.) 5. Consider approval of an ordinance, on second reading, declaring properties as public nuisances. (5 mins.) 6. Hear a staff update on the Martinsville Mustangs 2012 season. (10 mins.) 7. Hear an update on an electric rate stabilization plan and consider approval to participate. (10 mins.) 8. Consider approval of consent agenda. (2 minutes) A. Accept & appropriate budget adjustments. 9. Consider review of semi annual reports submitted by outside agencies which received FY13 funding. (2 mins.) 10. 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; (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. 11. Comments by members of City Council. (5 minutes) 12. Comments by City Manager. (5 minutes) City Council Agenda Summary Meeting Date: September 25, 2012 Item No: 1. Department: Clerk of Council Issue: Consider approval of minutes of City Council meetings August 14, 2012, August 28, 2012, September 10, 2012 Tour and September 10, 2012 Neighborhood meeting. Summary: None Attachments: August 14, 2012 August 28, 2012 September 10, 2012 Tour September 10, 2012 Neighborhood meeting Recommendations: Motion to approve minutes as presented August 14, 2012 The regular meeting of the Council of the City of Martinsville, Virginia, was held on August 14, 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 and Mike Rogers. Following the invocation by Mayor Adkins and Pledge to the American Flag, the Mayor welcomed everyone to the meeting. Minutes: On a motion by Mark Stroud, seconded by Kimble Reynolds, with a 5-0 vote, Council approved the minutes of the May 22, 2012, May 24, 2012, and June 12, 2012 meetings. Recognitions: Mayor Adkins presented a proclamation recognizing National Recovery Month September 2012 to Piedmont Community Service staff members. Update on City Manager Search: John Anzivino of Springstead updated Council on the city manager search advising that 44 people applied for the position and Springstead has determined the 10 most qualified applicants which will be shared with Council during closed session. Council will then set dates for interviews and draft interview questions. Resolution approval-Mel Cartwright Sr.,: On a motion by Danny Turner, seconded by Kimble Reynolds, with a 5-0 vote, Council approved the following resolution nominating Mel L. Cartwright, Sr. for induction in the Virginia High School Hall of Fame: WHEREAS, Mel L. Cartwright, Sr. is long revered for his success as a basketball coach and educator in the Martinsville area; and WHEREAS, Mel L. Cartwright, Sr. started his successful career as a basketball coach and educator in 1952 when he was hired to coach junior varsity boys’ basketball and teach world history and western civilization at Martinsville High School; and by 1956 was named the head basketball boys’ coach, a post he held exclusively for six years and led the Martinsville Bulldogs to their first three state championships in 1958, 1961, and 1964; and WHEREAS, Mel L. Cartwright, Sr. innovatively began sharing the head coaching responsibilities in 1961 with long-time friend and colleague, Robert “Husky” Hall; whereby Cartwright’s direction and with the ideals of teamwork by example, they alternated the head coach title every two years until 1964, when Mr. Cartwright accepted the administrative position of principal at Patrick Henry Elementary School in Martinsville; and WHEREAS, Mel L. Cartwright, Sr., while at Patrick Henry Elementary School from 1964 to 1981, volunteered to help create a youth basketball league and launched Patrick Henry’s Booster Club team, both of which helped cultivate talented student-athletes in the state; and WHEREAS, upon retirement, Mel L. Cartwright, Sr. was hired as an assistant men’s basketball coach by legendary coach "Lefty" Driesell at the University of Maryland for four years; and in 1984 with Coach Cartwright's assistance, the University of Maryland won the only ACC tournament during Driesell’s tenure, and afterwards Cartwright returned to the Martinsville area to teach and coach at Carlisle School, then to Magna Vista High School as an assistant coach, helping the team to earn a Virginia state championship title in 1998; and WHEREAS, a talented and demanding coach, Mr. Cartwright improved every basketball program he touched, and championships seemed follow soon after he arrived; and WHEREAS, for all his exceptional basketball coaching success, Mr. Cartwright is remembered also as a dedicated, inspirational teacher and public school administrator, encouraging and improving the lives of generations of Martinsville school children; and now therefore, BE IT RESOLVED, that Martinsville’s City Council, does hereby highly recommend, posthumously, Mel L. Cartwright, Sr. for induction in the Virginia High School Hall of Fame for his exceptional accomplishments as a coach, teacher and concerned citizen; and furthermore recognizes the impact he has had on the game of basketball, our students and student-athletes, and the Martinsville area. M-HC Economic Development Corporation update: Lisa Fultz, Director of Small, Minority & Entrepreneurial Division of the EDC provided an update on programs and activities and shared brochures and flyers. She pointed out there is a need for a more business friendly atmosphere and more funding opportunities for start up businesses. Mr. Turner asked for information on Commonwealth Crossing which Ms. Fultz will pass along to Mr. Heath who could not be present at this meeting. Reversion update/public comment period/approval of appropriation for studies: City Attorney Eric Monday briefed Council on reversion information previously shared at last Council meeting. He clarified that the decision tonight is whether to fund the necessary studies for pursuing reversion which will enable Council and citizens to make an informed decision. He noted that before reversion can be seriously considered as an option for the City’s future, and before any reversion petition can be filed with the Commission on Local Government and the court, three studies are necessary: (a) an analysis of the future fiscal situation of the City, (b) an analysis of the effect of reversion on both the City/Town and County, and (c) an analysis of the effect of a consolidated City/County school system. The August 14, 2012 estimated cost of these studies is $120,000.00. He encouraged early-on communication with the county for a cooperative effort to studies and negotiations to make it as smooth and non-adversarial as possible. Mayor Adkins then opened the public comment period for comments on authorizing the cost of the studies. Deborah France, 416 Swanson St., commented money could be better spent somewhere else and it sounds like we don’t believe in ourselves; Mike Siedle, Firestone Drive, Stanleytown- commented in favor of pursuing reversion noting the merging of the schools will be the most difficult piece. He referenced a thesis written several years by Benny Summerlin and said there should be agreement within both school systems before starting reversion. Jim Clark, 817 Spruce St.-reported on his findings after meeting with officials from Clifton Forge, Bedford, and South Boston regarding their reversions experiences and noted he is supportive of Council moving ahead with the studies and appropriating the money. Regina Harris, Fieldale, is against reversion and need to save money on city manager search and give job to Mr. Towarnicki. Mayor Adkins closed the public comment period. Council comments before vote: Teague-it is a good business decision to go forward with the studies to get required information to decide on reversion in order to make an informed decision; Stroud-need the studies to make informed decision; Turner-will support funding studies as the city cannot sustain itself as we are now; Adkins-supportive of analysis and allocation up to $120,000; Reynolds-supportive of going forward with studies. On a motion by Gene Teague, seconded by Kimble Reynolds, with a 5-0 vote, Council authorized the City Manager to retain firms to conduct the studies and authorized appropriating up to $120, 000 to pay for the estimated cost of the studies. 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 8/14/12 ORG OBJECT DESCRIPTION DEBIT CREDIT FY12 General Fund: 01100909 490104 Advance/Recovered Costs 200 01321102 506010 Fire Dept. - Fire Prevention Supplies 200 appropriation of restitution received 01100908 440403 Miscellaneous - Donations/Mustangs 2,478 01725422 505508 Mustangs - Meals 2,478 various donations Total General Fund: 2,678 2,678 Water Fund: 12101918 443306 Grants - State - WSAG Lanier Rd Project 5,139 12541311 508220 Water - Physical Plant Expansion 5,139 Grant Reimbursement Total Water Fund: 5,139 5,139 FY13 General Fund: 01100909 490104 Advance/Recovered Costs 48,484 01812245 506831 Uptown Master Plan Phase I 48,484 reimbursement/Depot St Trail restroom 01100904 442401 Local Confiscated Assets - Police 7 01311085 506118 Police Dept - Local Confiscated Assets 7 Local Confiscated Assets 01100904 442402 Local Confiscated Assets - Comm. Attorney 7 01221082 506118 Comm. Atty - Local Confiscated Assets 7 Local Confiscated Assets Total General Fund: 48,498 48,498 Business from floor: none Council comments: Turner-congratulations to Jeff Adkins for being named MHS coach; Stroud- hopes citizens understand Council moving forward on reversion process and offered condolences to the Hunt and Lovelace families. August 14, 2012 Interim City Manager comments: Mr. Towarnicki advised that the DEQ has issued a drought watch advisory to increase public awareness and he noted the city reservoir is only down 7/10ths of a foot at this point. 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 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) Appointments to boards and commissions as authorized by Subsection 1 and (B) A personnel matter as authorized by Subsection 1. At the conclusion of Closed Session, each returning member of Council certified that (1) only public business matters exempt from open meeting requirements were discussed in said Closed Session; and (2) only those business matters identified in the motion convening the Closed Session were heard, discussed, or considered during 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, Council returned to Open Session. Board appointments: Planning Commission—on a motion by Mark Stroud, seconded by Danny Turner, with a 5-0 vote, Council appointed Tiffany Bowles Lawrie, 816 Mulberry Rd., to a four year term ending 6/30/16 on the Planning Commission. Library Board—on a motion by Kimble Reynolds, seconded by Mark Stroud, with a 5-0 vote, Council appointed Mary T. Wampler, 203 Westover Lane, to a four year term ending 6/30/15 on the Blue Ridge Regional Library Board. There being no further business, the meeting adjourned at 10:00pm. _______________________________ __________________________ Brenda Prillaman Kim Adkins Clerk of Council Mayor August 28, 2012 The regular meeting of the Council of the City of Martinsville, VA, was held on August 28, 2012, in Council Chambers, Municipal Building, closed session at 6:00 PM and regular session at 7:30 PM, with Mayor Kim Adkins presiding. Council Members present included: Mayor Kim Adkins, Vice Mayor Kimble Reynolds, Gene Teague, Mark Stroud, and Danny Turner. Staff present included: Leon Towarnicki, Interim City Manager, Brenda Prillaman, Eric Monday, Linda Conover, Ruth Easley and Marshall Thomas. Mayor Adkins opened the meeting at 6:00pm and announced 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 Danny Turner, with the following 3-0 recorded vote: Adkins, aye; Teague, aye; and Turner, aye, (Stroud and Reynolds were absent for vote, but joined in the closed session period) Council convened in Closed Session, for the purpose of discussing the following matters: (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) 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. Mayor Adkins indicated the Boards and Commissions item advertised on the agenda will not be considered tonight. Council recessed Closed Session and re-convened meeting at 7:30 PM. Following the invocation by Vice Mayor 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 amended minutes of the June 26, 2012 meeting, and minutes of July 10, 2012 and July 24, 2012 as presented. Council Member Teague requested the following language change in June 26, 2012 minutes: 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. Employee Service Awards: Mayor Adkins read the following list recognizing city employees: 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 Proclamation-General Dennis Via: Mayor Adkins presented a proclamation recognizing Martinsville area native, General Dennis Via. Proclamation Exchange Club Baby Safety Month: Mayor Adkins presented a proclamation to Exchange Club representatives recognizing Baby Safety Month. Proclamation National Payroll Week: Mayor Adkins presented a proclamation to City Finance Director Linda Conover recognizing National Payroll Week. Resolution honoring Max Wingett: On a motion by Gene Teague, seconded by Danny Turner, with a 5-0 vote, the following resolution was presented to retired Patrick Henry Community College President, Dr. Max Wingett: August 28, 2012 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. Update from Piedmont Community Services: Executive Director Jim Tobin briefed Council on programs and activities of Piedmont Community Services and their impact on the community. Resolution Personal Property Tax Relief: On a motion by Gene Teague, seconded by Kimble Reynolds, with a 5-0 vote, Council adopted the following resolution setting the allocation percentage of personal property tax relief for tax year 2012: Addendum-Aid to Localities resolution: On a motion by Mark Stroud, seconded by Kimble Reynolds, with a 5-0 vote, Council adopted the following resolution and authorized staff to send it with a letter to the governor and state officials: August 28, 2012 Business from floor: Ural Harris, 217 Stuart St.-comments regarding Commonwealth Crossing expenses and city’s liability; Curtis Millner, Laurel Park-comments regarding FAHI and presented a copy of their new book to the Mayor for the city; Ladonna Hairston, Rives Rd.-announced Give Back Foundation event in September and the activities undertaken regarding city parks; Chad Martin- announced fundraiser at Hooker Field on September 29. Council comments: Stroud-excited to have General Via here; Reynolds-appreciated citizens in community stepping up to work on the parks; Turner-excited to have General Via here and condolences to family of Dick Hensley. Interim City Manager comments: Mr. Towarnicki—appreciated Chad Martin and the groups stepping forward to be part of the parks solution; briefed Council on the fiber optic program and the business plan process noting a follow up report will be brought to Council in late September or early October. Council recessed Open Session to 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 Closed 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 was taken. There being no further business, the meeting adjourned at 9:25pm. _______________________________ __________________________ Brenda Prillaman Kim Adkins Clerk of Council Mayor September 10, 2012 The City Council of the City of Martinsville, Virginia, assembled on September 10, 2012, at 5:30 P.M. to tour the Druid Hills/Uptown area neighborhoods prior to their quarterly Neighborhood Focus Meeting scheduled for September 10, 2012 at 7:30pm at Forest Hills Presbyterian Church, 725 Beechnut Lane. Council Members present for the tour included: Vice Mayor Kimble Reynolds, Council Member Gene Teague, Council Member Mark Stroud and Council Member Danny Turner. Mayor Kim Adkins was absent. Others present included: Leon Towarnicki, Andy Powers, and Mike Rogers, Martinsville Bulletin reporter, Paul Collins, and two citizens, Sharon Brooks Hodge, and Barbara Kirkman. No other business was conducted during the tour and immediately after the tour ended, Council members disbursed. _______________________________ __________________________ Brenda Prillaman Kim Adkins Clerk of Council Mayor September 10, 2012 Martinsville City Council Neighborhood Meeting for the Druid Hills/Uptown area was held on September 10, 2012, at Forest Hills Presbyterian Church, 725 Beechnut Lane, Martinsville, VA at 7:30 PM, with Mayor Kim Adkins presiding and Council members present including: Gene Teague, Mark Stroud, Sr., and Danny Turner. Vice Mayor Reynolds was absent. Staff present: Leon Towarnicki, Brenda Prillaman, Eric Monday, Mike Rogers, Kenneth Draper, and Andy Powers. Mayor Adkins called the meeting to order and Rev. Bradley Long gave the invocation. Andy Powers was asked to present the property maintenance report and the Mayor opened the floor for public comment. Citizen comments: Lonnie Carter, Corn Tassel Trail—high grass on corner of Root Trail and Corn Tassell and made suggestion that city auction off properties; Ron Ferrill, 917 Hunting Ridge Rd.-questioned amount budgeted for demolitions; Pat Wardzala, 1024 Morningside Lane- comments on Druid Hills pool and options available; Rachel Beneke, 713 Beechnut-comments on Druid Hills pool and costs to make it operational; Council discussed different options regarding the Druid Hills pool and City Attorney Eric Monday is to research the possibility of re-activating the corporation that owned the former Druid Hills pool and then getting the corporation to donate the pool property to the city so it may be auctioned rather than demolished. There being no further business, Mayor Adkins adjourned the meeting at 8:15 pm. _______________________________ __________________________ Brenda Prillaman Kim E. Adkins Clerk of Council Mayor City Council Agenda Summary Meeting Date: September 25, 2012 Item No: 2. Department: City Manager Issue: Consider approval of a joint resolution with Henry County naming the former Martinsville-Henry County Rescue Squad building on Hooker Street “Summerlin Station”. Summary: This is a joint resolution with Henry County to rename rescue squad building Summerlin Station requiring approval before presentation. Henry County Board of Supervisors will be taking same action at their meeting on September 25, 2012. Robin Summerlin, Benny’s wife, will be at your meeting and other representatives from Henry County. Attachments: Joint resolution Recommendations: Motion to approve resolution WHEREAS, Benny Summerlin was a role model and mentor for many people in Martinsville and Henry County, through his various roles in public service; and WHEREAS, among Mr. Summerlin’s public life began as an 8th grader when he volunteered for the Martinsville-Henry County Rescue Squad, and culminated with his service as the Henry County Administrator from 2002 until his death on August15, 2012; and WHEREAS, during his public service career Mr. Summerlin impacted many projects that involved both localities, including the Dick and Willie Trail, the Smith River Sports Complex, the Patriot Centre Business Park, and the Commonwealth Crossing Business Centre; and WHEREAS, Mr. Summerlin performed his duties with the utmost professionalism and dedication, and never once sought excessive public attention or credit for any of his accomplishments; and WHEREAS, the Martinsville-Henry County community is better for having Benny Summerlin working diligently for it over the past 31 years and even back to his volunteer days with the Martinsville-Henry County Rescue Squad: NOW THEREFORE BE IT RESOLVED, on this 25th day of September 2012, that the Henry County Board of Supervisors and the Martinsville City Council do hereby decree that the former Martinsville-Henry County Rescue Squad building on Hooker Street in the City now be known officially as the “Summerlin Station” in recognition of Benny Summerlin’s lifelong dedication to the art of public service. He will forever be missed. Jim Adams, Chairman Kim Adkins, Mayor Henry County Board of Supervisors City of Martinsville City Council Agenda Summary Meeting Date: September 25, 2012 Item No: 3. Department: City Manager Issue: Consider approval of a resolution honoring Martinsville Speedway’s 65th Anniversary. Summary: Martinsville Speedway is celebrating its 65th Anniversary this year. Martinsville Speedway President, Clay Campbell, will be at your meeting to accept the recognition. Attachments: Resolution Recommendations: Motion to approve resolution RESOLUTION WHEREAS, the presence of the Martinsville Speedway in our community sets us apart from other communities, with its international reputation and its connection to NASCAR Sprint Cup racing, which is one of the most popular sports in the world; and WHEREAS, in 1947, the first stock car race was held at Martinsville Speedway with over 6,000 fans in attendance which was a year before NASCAR was formed and two years before the first sanctioned NASCAR event was contested; and WHEREAS, Martinsville Speedway continues to excel in giving the fans a great “guest experience” playing a significant role in tourism efforts for our community; and WHEREAS, Martinsville Speedway hosts two NASCAR Sprint Cup races each year attracting millions of television viewers and thousands of race attendees drawing attention to our community worldwide; and WHEREAS, Martinsville Speedway plays host to the community-based July 4th celebrations and additional race weekends for grass-roots racing fans and has graced our community with its presence for the past 65 years as a good corporate citizen; NOW THEREFORE BE IT RESOLVED, on this 25th day of September 2012 that the Martinsville City Council applauds the immeasurable impact that the Martinsville Speedway has had on our community for the past 65 years and thanks the current and former employees and owners for all they have done for this community. Kim Adkins, Mayor City of Martinsville City Council Agenda Summary Meeting Date: September 25, 2012 Item No: 4. Department: City Council Issue: Hear an update from West Piedmont Workforce Investment Board. Summary: A representative of the West Piedmont Workforce Investment Board will give this update and answer any questions. Attachments: None Recommendations: No action required City Council Agenda Summary Date: September 25, 2011 Item No: 5. Department: City Attorney, Property Maintenance Issue: Consider declaring three properties as public nuisances by approval of ordinance, on second reading. Summary: Three properties have been identified as appropriate to be declared a nuisance under state law. These properties have been in violation of the City code for a considerable amount of time and also have title issues that complicate enforcement: 763 Indian Trail (Druid Hills Pool): The Corporation that owns the property no longer exists; continual issues of standing water/mosquitos, soil erosion; an abandoned pool is a hazardous attraction. 125 Askin Street: Condemned as structurally unsound and irreparable. Parts of the structure are open to the elements and unsecured; unauthorized attempts at repair and possibly residency have occurred. 122 Summit Street: Extensively damaged by fire and condemned; open, unsecured and a hazardous attraction; title to the property is divided among numerous heirs and has many judgment creditors. Attachments: Draft ordinance (additional information concerning the properties will be presented at the meeting) Recommended Action: Consider adoption of ordinance on second reading with a roll call vote. City of Martinsville, Virginia ORDINANCE 2012-UC-2 BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in regular session held on September 25, 2012 that, pursuant to sections 15-2- 900 and 15.2-906 of the Code of Virginia, the following properties are declared to be public nuisances, to be abated in the manner set forth herein: The following properties constitute a menace to and endanger the public health and safety of the residents of the City of Martinsville: 763 Indian Trail (former Druid Hills Pool): Is an unsecured attractive nuisance and presents a continual hazard to the public health and safety through the accumulation of unsanitary standing water, breeding of insects, and soil erosion creating unsafe ground surface. 125 Askin Street: Has previously been condemned by this City as structurally unsound and irreparable and requiring demolition; demolition has yet to occur. The property is unsecured and constitutes a dangerous attractive nuisance. 122 Summit Street: Has been extensively damaged by fire and has been condemned. The property is unsecured and constitutes a dangerous attractive nuisance. All three properties must be demolished within 30 days of the effective date of this ordinance. * * * * * Attest: __________________________________ Brenda Prillaman, Clerk of Council ____________________________ ______________________________ Date Adopted Date Effective City Council Agenda Summary Meeting Date: September 25, 2012 Item No: 6. Department: City Council Issue: Hear a staff update on Martinsville Mustangs 2012 season. Summary: Staff will present this update and answer any questions. Attachments: None Recommendations: No action required City Council Agenda Summary Meeting Date: September 25, 2012 Item No: 7. Department: Electric Issue: Hear an update on the Electric Rate Stabilization Plan and consider approval to participate. Summary: During the FY13 budget review process and at later Council meetings, there have been questions regarding the City’s strategy for repayment of the AMPGS project stranded costs. The City is entering a period of time where purchased power costs are projected to decrease and by keeping retail power costs at a level or stable rate through use of a rate stabilization plan with American Municipal Power, funds accumulated from the difference between actual market costs and AMP’s wholesale rate to the City would be allocated to an interest-earning trust fund. The fund will be used to levelize the City’s wholesale power rate over an extended period of time, and at the end of the levelization term to pay the City’s portion of the AMPGS stranded costs. The “average” power costs are projected to be lower during FY13 and FY14 and the implementation of the Rate Stabilization Plan levelizes the power cost at $69.97 per megawatt-hour (MWh) producing funds needed for repayment of the AMPGS stranded cost. The accumulated funds also are used to maintain the $69.97 per MWh rate as the actual rate fluctuates from month to month both above and below the levelized rate. Since approval of the budget and earlier discussions regarding the original rate stabilization plan in June, updated power cost projections indicate a need to extend the Rate Stabilization Plan beyond the original plan’s term of 24 months covering FY13 and FY14, to a term of 42 months into FY16. In order to participate in this plan, AMP requires the City to enter into a rate stabilization agreement for the term necessary to reach a trust fund balance that will cover both the payment of the AMPGS stranded cost and result in a zero balance in the trust fund after that payment. Based on current power cost projections, participation in this plan will cover the City’s share of AMPGS stranded costs and provide level electric rates into FY16, unless other changes are made. GDS Associates projected power costs through FY-2016 and, along with Blue Ridge Power Agency and staff, have reviewed the revised plan and encourage the extension of the levelized rate to mid- FY 2016 (December 2015) to offset increasing power costs projected for FY15 and FY16 and make full repayment of AMPGS stranded cost at the end of the 42-month term. The rate stabilization plan that AMP offers its members (a service AMP has offered for some time), deposits member funds that are in excess of the monthly AMP power bill into a trust fund for the purpose of stabilizing future power cost and as a means to set aside funds necessary for repayment of AMPGS stranded cost. There are fees associated with the trust fund and the City, as the beneficiary of the trust fund, would have access to funds as needed and either party can terminate the agreement with 60 days written notice. The trust funds may be used to pay power invoices when the power bill is above what the levelized rate will cover and/or to pay the AMPGS sunk cost. Attachments: Fiscal Rate Summary charts Repayment Schedule chart Recommendations: Motion to approve the Electric Rate Stabilization Plan as presented and participate in plan. City of Martinsville Fiscal Year Rate Summary $80 $78.43 $78 $76.58 $76 $74.51 $74 $72 $71.62 $/MWh $69.97 $70 $68.14 $68 $66.71 $66 $64.10 $64 $62 2009 2010 2011 2012* 2013 2014 2015 2016 Fiscal Year Actuals Projected 1 *FY 2012 includes actuals for July-Dec 2011 and projected costs for Jan 2012-Jun 2012 City of Martinsville Fiscal Year Rate Summary - Levelized Rates $80 $78.43 $78 $76 $74.51 $73.88 $74 $72 $/MWh $69.97 $69.97 $69.97 $69.97 $70 $68.14 $68 $66 $64 $62 2009 2010 2011 2012* 2013 2014 2015 2016 Fiscal Year Actuals Projected *FY 2012 includes actuals for July-Dec 2011 and projected costs for Jan 2012-Jun 2012 2 City of Martinsville Updated AMPGS Sunk Cost Repayment Schedule $2,000,000 $90 $1,800,000 $80 $1,600,000 $70 $1,400,000 $60 Cumulative Cost $1,200,000 $50 $/MWh $1,000,000 $40 $800,000 $30 $600,000 $20 $400,000 $200,000 $10 $0 $0 Jul-12 Sep-12 Nov-12 Jan-13 Mar-13 May-13 Jul-13 Sep-13 Nov-13 Jan-14 Mar-14 May-14 Jul-14 Sep-14 Nov-14 Jan-15 Mar-15 May-15 Jul-15 Sep-15 Nov-15 Jan-16 Cumulative AMP Levelization Trust Fund Balance Levelized Rate Projected Rate *AMPGS Total Sunk Cost expected to be paid from the trust fund at the end of the 42-month term GDS Associates, Inc. 9/18/2012 City Council Agenda Summary Meeting Date: September 25, 2012 Item No: 8. Department: Finance Issue: Consider approval of consent agenda. Summary: The attachments amend the FY13 Budgets with appropriations in the following funds: FY13: General Fund: $5,695 – Insurance Reimbursement & Local Confiscated Assets Electric Fund: $7,870 - Reimbursement Attachments: Consent Agenda - 9-25-12.xls Recommendations: Motion to approve BUDGET ADDITIONS FOR 9/25/12 ORG OBJECT DESCRIPTION DEBIT CREDIT FY13 General Fund: 01100909 490104 Adv/Recovered Costs 5,405 01311085 506008 Police Dept - Vehicle Equip & Maint 5,405 Insurance for repairs to patrol car 01100904 442401 Local Confiscated Assets - Police 145 01311085 506118 Police Dept - Local Confiscated Assets 145 01100904 442402 Local Confiscated Assets - Comm. Attorney 145 01221082 506118 Comm. Atty. - Local Confiscated Assets 145 Local confiscated assets Total General Fund: 5,695 5,695 Electric Fund 14100908 482901 Misc - Unclassified Revenue 7,870 14563338 501200 Electric Maintenance - Overtime 7,310 14563338 502100 Electric Maintenance - Social Security 454 14563338 502110 Electric Maintenance - Medicare 106 Reimb from APCO - Wind Storm Clean-up - 7/3-7/6/12 Total Electric Fund: 7,870 7,870 City Council Agenda Summary Meeting Date: September 25, 2012 Item No: 9. Department: City Council Issue: Consider review of outside agency semi-annual reports which received FY13 funding. Summary: Copies that have been received of the required semi-annual reports submitted from outside agencies that received FY13 funding are included in your packets for review. Agency representatives will not be present at the September 25, 2012 meeting, however, if you have questions for a specific agency, they can be invited to attend your October 9, 2012 meeting. Attachments: Recommendations: None. Presented for information purposes. The Outside Agencies that are highlighted have returned their Semi-Annual Report. fY 13 AGENCy Anchor ~ ! 1111111111 1~'9 F Blue Ridqe Airport Authority Boys & Girls Clubs of Martinsville Citizens Aqainst Family Violence FOCUS . ~ - Gateway Streetscape Foundation '"'. mi@,. July 4th Celebration -Mville Speedway I-onowood Small Business Develoo. Center , Me\gj I ilIih¢3' lMiM$ioIoe "" M . ltV._ Martinsville Uptown Association Martinsville Uptown Assoc.FARMERS MARKET n. ~ Patrick Henry Community Colleqe Piedmont Arts Association Piedmont Community Services Drug Task Force Pittsylvan ia County Community Action Ag SPCA - Southern Area Aqency on Aging Southside Business Technology Center , Viroinia Cooperative Extension ~ Virqinia Museum of Natural History --- West Piedmont Business Development Ctr West Piedmont Planning District Western VA EMS Counci l

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