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City Council

Regular Meeting

Martinsville, VA · October 23, 2012

AgendaMinutes

Minutes

October 23, 2012 The regular meeting of the Council of the City of Martinsville, Virginia, was held on October 23, 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, Wayne Knox, Susan McCulloch, and Rob Fincher. 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 Gene Teague, 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) Discussion of the award of a public contract involving the expenditure of public funds, including interviews of bidders or offeror, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body as authorized by Subsection 29. (B) A personnel matter as authorized by Subsection 1. Following the invocation by Council Member Mark Stroud and Pledge to the American Flag, the Mayor welcomed everyone to the meeting. Minutes: A motion was made by Kimble Reynolds, seconded by Gene Teague to approve the minutes as presented. Before the vote was taken, Mayor Adkins asked that the September 25, 2012 minutes be amended by adding: 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. Mr. Reynolds and Mr. Teague then withdrew their original motion and second. On a motion by Danny Turner, second by Gene Teague, with a 5-0 vote, Council approved the amended September 25, 2012 minutes and the October 3, 2012 minutes. Phoenix CDC presentation by Ray Gibbs: Phoenix CDC has developed preliminary information regarding an approximate $5 million multi-story, multi-use building project that will involve redevelopment of the City-owned Fayette Street parking lot. Several building options are being considered that will place a new tructure toward the front of the lot facing Fayette Street, with the remainder of the parking lot including the existing school bus garage being redeveloped for continued use as City-maintained public parking. The CDC has participated in several meetings with business and property owners in an effort to address concerns regarding impact of the project. Development of the project is contingent upon the City conveying the property to the CDC. The entire site will be developed including parking, and the CDC will lease back to the City the parking areas for continued use as City-maintained public parking. Ray Gibbs, PCDC President and CEO presented information on the project including intended use, financing, and a possible project schedule. October 23, 2012 After lengthy Council discussion and questions regarding design, timeline for project, parking lot needs related to existing businesses as well as proposed medical school, tax liability issues, sustainability, why existing Henry Hotel building not considered for this project, and management of new building responsibility, a motion was made by Gene Teague, seconded by Kimble Reynolds, to set a public hearing for November 13, 2012 regarding conveyance of the Fayette Street parking lot to Phoenix Community Development Corporation. Update on City’s fiber optic system: Leon Towarnicki, Interim City Manager, presented information on statistics gathered from the recent survey done by consultants developing a business plan for possible expansion of the city’s fiber optic system. He noted that conclusions of the survey indicated that if the city chooses to go in this direction and that there is the customer base here. Our system currently provides a combination of telephone and internet services for many city facilities as well as a number of private businesses. He reported the consultants will provide an in depth presentation at the November 13 meeting of the business plan for Council’s consideration. Council comments included: Turner-city government has no business in businesses that private enterprise can do as we can’t keep up with technology. Stroud- complimentary of city staff who have been successfully working with broadband and providing service for the city’s system for over ten years. Adkins-feels the MINET Wi-Fi capabilities positions us for the future as well as our hospital and the infrastructure for health care and we need to continue to explore these opportunities. Teague-briefly described history of how the city started out with the fiber optic loop for the Electric SCADA system and how it has developed and grown over the years. Mr. Teague feels it is a worthwhile thing to look at expanding the system and leveraging that asset already in place. October 23, 2012 Arts & Cultural Incentives: City Planner Susan McCulloch presented the following information: During its May 29, 2012 regular meeting, the Arts & Cultural Committee voted unanimously (5-0) to recommend that Planning Commission hold a public hearing to gather public input on this issue. The Committee discussed potential incentives to entice new arts- and/or cultural-related businesses into the district. The existing local benefits for the Enterprise Zone are competitive benefits that have been in place since 2008. Entrepreneurs and property owners have indicated that they are a great help when starting operations in the Zone. The overlay for the Arts & Cultural District is almost completely within the Enterprise Zone, except for 455 parcels on Market Street and Fayette Street. The members of the Arts & Cultural Committee recommend that those businesses not already covered by Enterprise Zone benefits be allowed to apply for local Enterprise Zone benefits for arts- and/or cultural-related businesses, calling the benefits “Arts & Cultural District Incentives”. Local Enterprise Zone incentives would remain in place in the Enterprise Zone. Businesses would not be allowed to apply for both Enterprise Zone benefits and Arts & Cultural District Incentives at the same time. On September 20, 2012, after holding a duly advertised public hearing, the Planning Commission voted 4-0 upon the recommendation and recommended it be submitted to City Council. Staff recommends that Council consider setting a public hearing to gather community input. On a motion by Gene Teague, seconded by Kimble Reynolds, with a 5-0 vote, Council agreed to set a public hearing for the November 13, 2012 meeting. Monthly finance report: Finance Director Linda Conover presented the following information: FY12 – PRELIMINARY YEAR-END FINANCIAL REVIEW With the annual audit approaching next week, some year-end transactions have not yet been finalized. A summary of FY12 revenues and expenditures, and a combined balance sheet with Council-approved re-appropriations, reflecting the estimated fund balance has been provided for your review. When complete, the audit will provide an exact accounting of the fiscal year. FY12 – Revenues & Expenditures - UNAUDITED Upon examination of the City’s Funds, exclusive of School and Special Revenue Funds, unaudited figures are provided for actual versus anticipated revenues and expenditures. These numbers include transactions recorded through September 30th. A few year-end audit adjustments, including asset capitalizations are not yet included in this report. Currently, there is an excess of revenues over expenditures of $1,088.050. Additional audit adjustments will impact both revenues and expenditures before FY12 is officially closed. FY12 – Combined Balance Sheet – UNAUDITED The current total combined fund balance for FY12 is $25,833,939, which would initially be an increase over FY11 of $11,574,755. However, when Council-adopted re-appropriations are factored in, the current revised FY12 fund balance is $14,586,482, an increase of $2,126,364. This figure is still not final as more year-end audit adjustments have yet to be made. Projected Fund Balance for FY12 - UNAUDITED Based on actual figures and approved re-appropriations as presented to date, the overall Fund Balance at the end of Fiscal Year 2012 is projected to be $15,510,855, an increase of $1,251,671 over the prior fiscal year. The unassigned Fund Balance, exclusive of Utilities, is estimated to be $1,802,213. On a motion by Mark Stroud, seconded by Danny Turner, with a 5-0 vote, Council approved the finance report. Consent Agenda: On a motion by Gene Teague, seconded by Mark Stroud, with a 5-0 vote, Council approved the following amended consent agenda: BUDGET ADDITIONS FOR 10/23/12 ORG OBJECT DESCRIPTION DEBIT CREDIT FY13 General Fund: 01101917 442402 Categorical Other State - Confiscated Assets - C Atty 794 01221082 506105 Comm Atty - Conf Assets State 794 01101917 442401 Categorical Other State - Confiscated Assets - Police 1,504 01311085 506078 Police Dept - Conf Assets State 1,504 state asset forfeitures 01100908 440403 Miscellaneous - Donations/Mustangs 1,452 01725422 505508 Mustangs - Meals 1,452 various donations 01102926 436427 Categorical Federal - Org Crime/Drug Enf Task Force 1,601 01311085 501219 Police Dept - Overtime - OCDETF 1,601 federal grant funding Total General Fund: 5,351 5,351 Business from floor: Chad Martin-expressed appreciation to Council and others who made the recent baseball game event successful and he asked Council to assist him in getting the Chamber of Commerce October 23, 2012 involved next year. Dr. Mervyn King, 28 Jones St.-voiced concerns with design of proposed Fayette St. building and encouraged use of existing buildings instead of new construction. Council comments: Turner-extended welcome to race fans and announced Rock N Grill had ribbon cutting; Stroud- encouraged all to vote and thanked city manager for sending letter to General Via. City Manager comments: Towarnicki-reported staff recognitions received at water treatment plant and inspections office; also reported city staff is working with Piedmont Governor’s School on a citizen survey which should have results back to Council in spring 2013. Eric Monday reminded Council it is time to consider the annual Legislative Agenda and the pre-filing deadline is December 7 this year. Closed Session: Council then re-convened 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 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. No action was taken. 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, October 23, 2012 Closed session –7:00pm 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. Discussion of the award of a public contract involving the expenditure of public funds, including interviews of bidders or offerors, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body as authorized by Subsection 29. B. A personnel matter as authorized by Subsection 1. Invocation – Council Member Mark Stroud Pledge to the American Flag 1. Consider approval of Council meeting minutes of September 25, 2012 and October 3, 2012 meetings. (2 mins.) 2. Hear a presentation from Ray Gibbs, President/CEO of Phoenix Community Development Corporation on a proposed project utilizing the City-owned Fayette Street parking lot. (15 mins.) 3. Hear an update on development of a business plan for possible expansion of the City’s fiber optic System. (10 mins.) 4. Consider setting a public hearing on a recommendation from the Planning Commission to offer “Arts & Cultural Incentives” to arts and/or cultural related businesses that locate or expand in the Arts & Cultural District. (10 mins) 5. Hear monthly finance report. (10 mins.) 6. Consider approval of consent agenda. (2 mins.) A. Accept & appropriate budget adjustments. 7. 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 Council action being requested; (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. 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 8. Comments by members of City Council. (5 mins.) 9. Comments by City Manager. (5 mins.) City Council Agenda Summary Meeting Date: October 23, 2012 Item No: 1. Department: Clerk of Council Issue: Consider approval of minutes of City Council meetings September 25, 2012 and October 3, 2012. Summary: None Attachments: September 25, 2012 minutes October 3, 2012 minutes Recommendations: Motion to approve minutes as presented 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. Amanda Witt also 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 October 3, 2012 A special called meeting of the City Council of the City of Martinsville, Virginia was held on October 3, 2012, in Council Chambers, Municipal Building at 5:30pm. Council Members present included: Mayor Kim Adkins, Vice Mayor Kimble Reynolds, Jr., Gene Teague, Mark Stroud, Sr., and Danny Turner. Gene Teague arrived late and Vice Mayor Reynolds participated by phone, then in person. Mayor Adkins called the meeting to order. In accordance with Section 2.1-344 (A) of the Code of Virginia (1950, and as amended) and upon a motion by Danny Turner, seconded by Mark Stroud, with the following 3-0 recorded vote: Adkins, aye; Stroud, aye; and Turner, aye, (Teague & Reynolds not present for vote in to closed session), Council convened in Closed Session, for the purpose of discussing the following matter: (A) A personnel matter as authorized by Subsection 1 At the conclusion of Closed Session, each returning member of Council certified that (1) only public business matters exempt from open meeting requirements were discussed in said Closed Session; and (2) only those business matters identified in the motion convening the Closed Session were heard, discussed, or considered during Session. On a motion by Kimble Reynolds, seconded by Gene Teague, with the following recorded 5-0 vote: Adkins, aye; Reynolds, aye; Teague, aye; Stroud, aye; and Turner, aye, Council returned to Open Session. No action was taken. There being no further business, the meeting adjourned at 8:00PM. __________________________________ ______________________________ Brenda Prillaman Kim Adkins Clerk of Council Mayor City Council Agenda Summary Meeting Date: October 23, 2012 Item No: 2. Department: City Manager Issue: Hear a presentation from Ray Gibbs, President/CEO of Phoenix Community Development Corporation on a proposed project utilizing the City-owned Fayette Street parking lot. Summary: Phoenix CDC has developed preliminary information regarding an approximate $5 million multi-story, multi-use building project that will involve redevelopment of the City-owned Fayette Street parking lot. Several building options are being considered that will place a new structure toward the front of the lot facing Fayette Street, with the remainder of the parking lot including the existing school bus garage being redeveloped for continued use as City-maintained public parking. The CDC has participated in several meetings with business and property owners in an effort to address concerns regarding impact of the project. Ray Gibbs, PCDC President and CEO will present information on the project including intended use, financing, and a possible project schedule. Development of the project is contingent upon the City conveying the property to the CDC. The entire site will be developed including parking, and the CDC will lease back to the City the parking areas for continued use as City- maintained public parking. Attachments: None Recommendations: Consider setting a public hearing for the November 13, 2012 Council meeting regarding conveyance of the Fayette Street parking lot to Phoenix Community Development Corporation. City Council Agenda Summary Meeting Date: October 23, 2012 Item No: 3. Department: City Manager Issue: Hear an update on development of a business plan for possible expansion of the City’s fiber optic system. Summary: As has been mentioned at previous Council meetings, the City has contracted with a consultant for the development of a business plan for possible expansion of the City’s fiber optic system. The system currently provides a combination of telephone and Internet services for many City facilities as well as a number of private businesses. City staff will briefly present some of the information from the study and outline a schedule for presentation of the entire study at a future meeting. Attachments: None Recommendations: None/no action required. Presentation is for information purposes only. City Council Agenda Summary Meeting Date: October 23, 2012 Item No: 4. Department: Community Development Issue: Consider setting a public hearing on a recommendation from the Planning Commission regarding offering “Arts & Cultural District Incentives” to arts- and/or cultural- related businesses that locate or expand in the Arts & Cultural District. Summary: During its May 29, 2012 regular meeting, the Arts & Cultural Committee voted unanimously (5-0) to recommend that Planning Commission hold a public hearing to gather public input on this issue. The Committee discussed potential incentives to entice new arts- and/or cultural-related businesses into the district. The existing local benefits for the Enterprise Zone are competitive benefits that have been in place since 2008. Entrepreneurs and property owners have indicated that they are a great help when starting operations in the Zone. The overlay for the Arts & Cultural District is almost completely within the Enterprise Zone, except for 455 parcels on Market Street and Fayette Street. The members of the Arts & Cultural Committee recommend that those businesses not already covered by Enterprise Zone benefits be allowed to apply for local Enterprise Zone benefits for arts- and/or cultural-related businesses, calling the benefits “Arts & Cultural District Incentives”. Local Enterprise Zone incentives would remain in place in the Enterprise Zone. Businesses would not be allowed to apply for both Enterprise Zone benefits and Arts & Cultural District Incentives at the same time. On September 20, 2012, after holding a duly advertised public hearing, the Planning Commission voted 4-0 upon the recommendation and recommended it be submitted to City Council. Attachments: Planning Commission letter re: Arts & Cultural incentives Current Enterprise Zone Benefits Arts & Cultural District Map Overlay Map – Arts & Cultural District/Enterprise Zone Recommendations: Staff recommends that City Council set a public hearing to gather community input regarding offering the same benefits that are in the Enterprise Zone to arts- and/or cultural-related businesses that locate or expand in the Arts & Cultural District that are not already covered in the Enterprise Zone. Martinsville A CITY WITHOUT LIMITS October 11, 2012 Mayor Kim Adkins Martinsville City Council City of Martinsville PO Box 1112 Martinsville, Virginia 24114 Dear City Council Members: The Planning Commission, at its regular meeting on September 20, 2012, held a duly advertised public hearing and then voted unanimously (4-0), to request that City Council consider holding a public hearing regarding whether the businesses in the Arts & Cultural District but not in the Enterprise Zone should receive the same incentives as offered to Enterprise Zone business or property owners who expand or relocate into the Arts & Cultural District to open an arts- and/or cultural-related business. This issue may look familiar to you. When Staff presented the idea to City Council last year, they were asked to send the idea back to Planning Commission in order to obtain public input. This has been done. During the advertisement and public hearing, no one came to speak for or against the issue. Also, before and after the Planning Commission's public hearing, no one has called, emailed, mailed, or visited Community Development to speak for or against this issue. The Arts & Cultural Committee discussed potential incentives to entice new arts- and/or cultural-related businesses into the district. The existing local benefits for the Enterprise Zone are competitive benefits that have been in place since 2008. Entrepreneurs and property owners have indicated that they are a great help when starting operations in the Zone. The overlay for the Arts & Cultural District is almost completely within the Enterprise Zone, except for 455 parcels on Market Street and Fayette Street. To galvanize and streamline the existing process, and to begin to build the incentive package for the Arts & Cultural District, the members of the Arts & Cultural Committee recommend that those businesses not already covered by Enterprise Zone benefits be allowed to apply for "Arts & Cultural District Benefits" for arts- and/or cultural-related businesses. Businesses would not be allowed to apply for both Enterprise Zone benefits and Arts & Cultural District benefits at the same time. We hope that public input will support this idea. Planning Commission respectfully submits the above recommendation for City Council's further consideration. Yours Truly, Tim Martin, Chair Martinsville Planning Commission Susan McCulloch Community Planner TM/sm 55 West Church Street P . O . B o x 1112 Martinsville, V A 24114-1112 276-403-5000 www.ci.martinsville.va.us City of Martinsville Enterprise Zone Incentive Program Incentive Real Estate IDA Machinery/Tools/ Business Building Permit Fee Waiver Water Connection Fee Business Professional Tax Grant Equipment IDA Tax Grant (Does NOT include Sign Waiver (Amended March Occupation License (BPOL) Permits!) 28, 2008 can not be Fee Rebate (Amended retroactive) March 28, 2008 cannot be retroactive) Description Tax grant based on real Based on machinery & Building permits fees waived for Connection charges waived for BPOL fee rebate based on gross property improvements tools/business equipment new and expanding operations domestic and process water receipts assessed value assessed value service Qualifications Requires new investment for Requires new investment for New or expanding operation New or expanding operations New operations within the plant modernization, building equipment modernization, within the zone. within the zone. zone. Does not include a expansion, or new operation for building expansion or new transfer of ownership of an the purpose of creating/retaining operations for the purpose of exisitng business operation. jobs. No minimum investment creating/retaining jobs. No required. minimum investment required. Benefits Period Five years Five years Each qualified filing Each qualified filing Five years Amount of Benefit 100% of increase for year 1, 100% of increase for year 1, 100% of Fees Varies 50% of Fees 50% for years 2, 3, 4 and 5. 50% for years 2, 3, 4 and 5. Maximum Amount None None None None None Required Records and Submission of Real Property Tax Submission of Submission of Building Permit Submission of Water Submission of BPOL Fee Rebate Forms Grant application and paid tax Machinery/Tools/Business Fee Waiver Form Connection Fee Waiver Form and paid license receipts receipts Equipment application and paid tax receipts Submission Dates July 1 January 1 Prior to securing permit Prior to connection September 1 Carry Over/Refund None None None None None For More Information regarding the incentives shown above call the following: Martinsville Enterprise Zone Coordinator --- (276) 403-5156 Martinsville-Henry County Economic Development Corporation --- (276) 403-5940 City Council Agenda Summary Meeting Date: October 23, 2012 Item No: 5. Department: Finance Issue: Hear the monthly financial report Summary: FY12 – PRELIMINARY YEAR-END FINANCIAL REVIEW With the annual audit approaching next week, some year-end transactions have not yet been finalized. A summary of FY12 revenues and expenditures, and a combined balance sheet with Council-approved re-appropriations, reflecting the estimated fund balance has been provided for your review. When complete, the audit will provide an exact accounting of the fiscal year. FY12 – Revenues & Expenditures - UNAUDITED Upon examination of the City’s Funds, exclusive of School and Special Revenue Funds, unaudited figures are provided for actual versus anticipated revenues and expenditures. These numbers include transactions recorded through September 30th. A few year-end audit adjustments, including asset capitalizations are not yet included in this report. Currently, there is an excess of revenues over expenditures of $1,088.050. Additional audit adjustments will impact both revenues and expenditures before FY12 is officially closed. FY12 – Combined Balance Sheet – UNAUDITED The current total combined fund balance for FY12 is $25,833,939, which would initially be an increase over FY11 of $11,574,755. However, when Council-adopted re-appropriations are factored in, the current revised FY12 fund balance is $14,586,482, an increase of $2,126,364. This figure is still not final as more year-end audit adjustments have yet to be made. Projected Fund Balance for FY12 - UNAUDITED Based on actual figures and approved re-appropriations as presented to date, the overall Fund Balance at the end of Fiscal Year 2012 is projected to be $15,510,855, an increase of $1,251,671 over the prior fiscal year. The unassigned Fund Balance, exclusive of Utilities, is estimated to be $1,802,213. Attachments: Revenue & Expense Report FY12 10-23-12.xls Combined Balance Sheet - FY12 - 10-23-12.xls Projected FY12 Fund Balance 10-23-12.xls Recommendations: Motion to approve monthly financial report City of Martinsville Consolidated Revenues and Expenditures FY12 - June 30, 2012 (prepared for 10/23/12 meeting) *actual ytd expenses include reappropriations adopted by Council 10/9/12 *Actual Remaining Difference Budget Anticipated YTD Balance Ant vs Actual General Fund Revenues $ 29,797,638 $ 29,883,002 $ 29,084,446 $ 713,192 97.3% Expenditures 29,908,658 29,516,013 29,702,903 205,755 100.6% Excess (deficiency) of revenues over expenditures $ (111,020) $ 366,989 $ (618,457) (Fund Bal contrib) *Actual Remaining Difference Budget Anticipated YTD Balance Ant vs Actual Capital Funds Meals Tax Revenues $ 10,688,475 $ 10,860,410 $ 10,908,416 $ (219,941) 100.4% Expenditures 10,688,475 10,870,729 10,846,885 (158,410) 99.8% Excess (deficiency) of revenues over expenditures $ - $ (10,319) $ 61,531 Capital Reserve Revenues $ 2,505,076 $ 2,491,182 $ 2,492,531 $ 12,545 100.1% Expenditures 2,564,058 2,524,363 2,548,217 15,841 100.9% Excess (deficiency) of revenues over expenditures $ (58,982) $ (33,181) $ (55,685) TOTAL CAPITAL FUNDS: $ (58,982) $ (43,500) $ 5,846 (Fund Bal contrib) *Actual Remaining Difference Budget Anticipated YTD Balance Ant vs Actual Refuse Fund Revenues $ 2,693,096 $ 2,695,111 $ 2,681,381 $ 11,715 99.5% Expenditures 3,132,551 3,118,528 1,643,647 1,488,904 52.7% Excess (deficiency) of revenues over expenditures $ (439,455) $ (423,417) $ 1,037,733 Water Fund Revenues $ 3,292,367 $ 3,078,283 $ 3,230,938 $ 61,429 105.0% Expenditures 3,603,983 3,552,609 3,138,029 465,954 88.3% Excess (deficiency) of revenues over expenditures $ (311,616) $ (474,326) $ 92,909 Sewer Fund Revenues $ 3,689,955 $ 3,760,159 $ 4,064,305 $ (374,350) 108.1% Expenditures 4,538,012 4,492,956 4,373,474 164,538 97.3% Excess (deficiency) of revenues over expenditures $ (848,057) $ (732,797) $ (309,168) Electric Fund Revenues $ 18,217,770 $ 18,305,630 $ 17,761,207 $ 456,563 97.0% Expenditures 19,489,762 19,349,075 16,882,020 2,607,742 87.2% Excess (deficiency) of revenues over expenditures $ (1,271,992) $ (1,043,445) $ 879,187 TOTAL UTILITY FUNDS: $ (2,871,120) $ (2,673,985) $ 1,700,661 (Fund Bal contrib) Consolidated Revenues and Expenditures FY12 - June 30, 2012 Actual Remaining Difference Budget YTD Balance Budg vs Actual Cafeteria Revenues $ 1,319,661 $ $ 1,544,838 $ (225,177) 117.1% Expenditures 1,319,661 1,377,472 (57,811) 104.4% Excess (deficiency) of revenues over expenditures $ - $ $ 167,366 Schools Revenues $ 21,015,491 $ $ 20,655,464 $ 360,027 98.3% Expenditures 21,154,020 20,661,340 492,680 97.7% Excess (deficiency) of revenues over expenditures $ (138,529) $ $ (5,876) Federal Programs Revenues $ - $ $ 2,454,061 $ (2,454,061) Expenditures - 2,574,615 (2,574,615) Excess (deficiency) of revenues over expenditures $ - $ $ (120,555) TOTAL SCHOOL FUNDS: $ (138,529) $ - $ 40,935 *Actual Remaining Budget YTD Balance Special Revenue Funds CDBG Fund Revenues $ 58,353 $ 166,934 $ (108,581) Expenditures 188,223 162,067 26,156 Excess (deficiency) of revenues over expenditures $ (129,870) $ 4,867 Housing Choice Fund Revenues $ 2,117,364 $ 2,069,718 $ 47,646 Expenditures 2,252,130 1,951,899 300,231 Excess (deficiency) of revenues over expenditures $ (134,766) $ 117,819 TOTAL SPECIAL REVENUE FUNDS: $ (264,636) $ 122,685 Actual Remaining Difference Budget Anticipated YTD Balance Ant vs Actual GRAND TOTALS: (excluding Schools & Special Revenues) Revenues: $ 70,884,377 71,073,777 $ 70,223,224 $ 661,153 98.8% Expenditures 73,925,499 73,424,273 69,135,174 4,790,325 94.2% Excess (deficiency) of revenues over expenditures $ (3,041,122) (2,350,496) $ 1,088,050 Local Sales/Use Taxes $ 1,900,000 $ 1,880,000 $ 1,891,909 $ 8,091 100.6% The Budgeted Revenue amounts do not include any contributions from Fund Balance. 10/18/2012 10:32 City of Martinsville Combined Balance Sheet Unaudited 06/30/2012 (for 10/23/12) FY2012 TOTAL LIABILITIES CURRENT June 30, 2011 DIFFERENCE FUND ASSETS* &RESERVES FUND BALANCE FUND BALANCE FROM FY11 FB GENERAL FUND $ 9,007,450 $ (4,291,769) $ 4,715,681 $ 3,130,874 $ 1,584,807 MEALS TAX $ 9,547,885 $ (27,972) $ 9,519,913 $ 726,966 $ 8,792,947 SCHOOL CAFETERIA $ 907,498 $ (50,169) $ 857,329 $ 689,963 $ 167,366 REFUSE COLLECTION FUND $ 7,911,014 $ (6,558,031) $ 1,352,983 $ 1,704,700 $ (351,717) WATER FUND $ 823,712 $ (338,921) $ 484,791 $ 385,678 $ 99,113 SEWER FUND $ 1,162,710 $ (722,986) $ 439,724 $ 278,960 $ 160,764 ELECTRIC FUND $ 7,011,773 $ (1,820,460) $ 5,191,313 $ 5,021,535 $ 169,778 CAPITAL RESERVE FUND $ 1,459,930 $ (34,681) $ 1,425,249 $ 469,811 $ 955,438 SCHOOL FUND $ 3,955,051 $ (1,706,849) $ 2,248,202 $ 2,254,078 $ (5,876) SCHOOL FEDERAL PROGRAMS $ 51,015 $ (148,965) $ (97,950) $ 22,605 $ (120,555) CDBG FUND $ (417,699) $ (165,406) $ (583,104) $ (587,971) $ 4,867 HOUSING CHOICE $ 285,389 $ (5,587) $ 279,802 $ 161,985 $ 117,817 TOTAL $ 41,705,728 $ (15,871,795) $ 25,833,933 $ 14,259,184 $ 11,574,749 Re-appropriations (approved 10/9/12) $ (11,247,457) $ (1,799,066) Adjusted Total: $ 14,586,476 $ 12,460,118 $ 2,126,358 *Re-appropriations for FY12 include $768,824 for Capital Fund Energy Efficiency Project and $8,731,416 for Meals Tax Fund H.S. Renovation Project, leaving $1,747,217 for other projects. RESERVED FUND INSURANCE TRUST FUND $ 450,767 $ - $ 450,767 $ 524,076 $ (73,309) *Does not include fixed assets. Totals may not crossfoot due to rounding. 10/18/2012 10:32 CITY OF MARTINSVILLE PROJECTED FUND BALANCE 06/30/2012 (10/23/12) Projected Audited Fund Projected Projected Fund Net Balance Revenues Expenditures Balance (Decrease) 06/30/11 FY12 FY12 06/30/12 Increase GENERAL 5,134,952 29,084,446 29,702,903 4,516,495 (618,457) MEALS TAX 726,966 10,908,416 10,846,885 788,497 61,531 CAPITAL RESERVE 469,811 2,492,531 2,548,217 414,125 (55,686) TOTAL CAPITAL FUNDS 1,196,777 13,400,947 13,395,102 1,202,622 5,845 REFUSE 1,704,700 2,681,381 1,643,647 2,742,434 1,037,734 WATER 385,678 3,230,938 3,138,029 478,587 92,909 SEWER 278,960 4,064,305 4,373,474 (30,209) (309,169) ELECTRIC 5,021,535 17,761,207 16,882,020 5,900,722 879,187 TOTAL UTILITY FUNDS 7,390,873 27,737,831 26,037,170 9,091,534 1,700,661 CAFETERIA 689,963 1,544,838 1,377,472 857,329 167,366 SCHOOLS 250,000 20,655,464 20,661,340 244,124 (5,876) SCHOOL GRANTS 22,605 2,454,061 2,574,615 (97,949) (120,554) TOTAL SCHOOL FUNDS 962,568 24,654,363 24,613,427 1,003,504 40,936 CDBG (587,971) 166,934 162,067 (583,104) 4,867 HOUSING CHOICE 161,985 2,069,718 1,951,899 279,804 117,819 TOTAL SP REV FUNDS (425,986) 2,236,652 2,113,966 (303,300) 122,686 TOTAL ALL FUNDS 14,259,184 97,114,239 95,862,568 15,510,855 1,251,671 Notes (1) Revenues and Expenditures do not contain contributions to or from Fund Balance (2) Expenses in Enterprise Funds contain Capitalized Expenses and Depreciation Fund Balance Summary: Total Funds, exclusive of Utilities: Total by Category: Non-spendable: 426,554 Inventory 419,243 Prepaid Items 7,311 Restricted: 0 (none) Committed to: 2,833,833 CCBC 1,666,700 PART 30,000 Housing Choice 279,804 Cafeteria Fund 857,329 Assigned to: 1,356,721 Thoroughfare Constr 154,099 Capital Reserve Fund 414,125 Meals Tax Fund 788,497 Unassigned: 1,802,213 1,802,213 Totals: 6,419,321 6,419,321 City Council Agenda Summary Meeting Date: October 23, 2012 Item No: 6. Department: Finance Issue: Consider approval of consent agenda. Summary: The attachments amend the FY13 Budgets with appropriations in the following funds: FY13: General Fund: $5,351 – State Confiscated Assets, Donations, Federal Grant Attachments: Spreadsheet-10/23/12 Recommendations: Motion to approve BUDGET ADDITIONS FOR 10/23/12 ORG OBJECT DESCRIPTION DEBIT CREDIT FY13 General Fund: 01101917 442402 Categorical Other State - Confiscated Assets - C Atty 794 01221082 506105 Comm Atty - Conf Assets State 794 01101917 442401 Categorical Other State - Confiscated Assets - Police 1,504 01311085 506078 Police Dept - Conf Assets State 1,504 state asset forfeitures 01100908 440403 Miscellaneous - Donations/Mustangs 1,452 01725422 505508 Mustangs - Meals 1,452 various donations 01102926 436427 Categorical Federal - Org Crime/Drug Enf Task Force 1,601 01311085 501219 Police Dept - Overtime - OCDETF 1,601 federal grant funding Total General Fund: 5,351 5,351

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