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City Council

Regular Meeting

Martinsville, VA · May 28, 2013

AgendaMinutes

Minutes

May 28, 2013 The regular meeting of the Council of the City of Martinsville, Virginia, was held on May 28, 2013, in Council Chambers, Municipal Building, at 7:30 PM, with Mayor Kim Adkins presiding. Council members present included: Mayor Kim Adkins, Vice Mayor Gene Teague, Mark Stroud, Sharon Brooks Hodge and Danny Turner. Staff present included: Leon Towarnicki, City Manager, Brenda Prillaman, Eric Monday, Linda Conover, and Mike Rogers. Following the invocation by Mayor Kim Adkins and Pledge to the American Flag, the Mayor welcomed everyone to the meeting. Minutes: On a motion by Gene Teague, seconded by Mark Stroud, with a 5-0 vote, Council approved the minutes of the April 9, 2013 and April 11, 2013 meetings. Employee Service Award recognition: Mayor Adkins read the following list of names recognizing city employees for their years of service: SERVICE AWARD RECIPIENTS FOURTH QUARTER – FISCAL YEAR 12-13 FOR THE PERIOD OF APRIL 1 – THROUGH JUNE 30, 2013 Employee Department Service Danny Cole Public Works 5 Ronnie Gammons Public Works 5 Krystal Davis Sheriff 5 Kenith Shumate Fire 10 Tim Agee Electric 15 Steve Burgess W/W Plant 20 Jackie Dillard Sheriff 20 Ronald Nance Utility Billing 25 Jimmy Blankenship Electric 25 Bobby Phillips Fire/Safety 35 Donna O’Dell Human Resources 40 Mayor Adkins also recognized Wayne Davis of Public Works for his Employee Suggestion Award and Mr. Towarnicki briefed Council on Mr. Davis’ suggestion and its implementation. Public hearing School Board applicants: Mayor Adkins reported that pursuant to Code of Virginia Section 22.1-29.1, a public hearing is necessary to introduce and consider names of persons interested in appointment to a vacancy on the Martinsville School Board and to receive the views of citizens within the school division. This state code also states that no nominee or applicant whose name has not been considered at the public hearing shall be appointed as a school board member. Mayor Adkins opened the public hearing. Victor Correa, 1242 Sam Lions Trail, Nancy Baker, 919 Hunting Ridge Rd., Elizabeth Rivera, 701 Forest St., and Rives Coleman, 603 Mulberry Rd. asked to be appointed to the school board. Mayor Adkins closed the public hearing and advised candidates will be interviewed during closed session. FY14 Budget Ordinance approval on second reading: On a motion by Gene Teague, seconded by Sharon Brooks Hodge, with the following recorded 4-1 vote: Adkins, aye; Hodge, aye; Teague, aye; Stroud, aye; and Turner, nay, Council approved the following FY14 Budget Ordinance on second reading: May 28, 2013 City of Martinsville, Virginia ORDINANCE NO. 2013- U-2 The Budget for Fiscal Year 2013-14 BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in regular session assembled May 14, 2013, that the following sums of money be and hereby are appropriated – by specified Fund – for the City’s fiscal year ending June 30, 2014, from the following Fund sources of estimated revenue: SUMMARY STATEMENT OF BUDGET ESTIMATES, 2013-14 Projected Projected Fund Projected Budgeted Fund Net Balance Revenues Exp/Transfers Budgeted Balance (Decrease) 06/30/13 FY13-14 FY13-14 Depreciation 06/30/14 Increase General Fund $6,183,809 $29,332,826 $30,393,005 $ 5,123,630 $ (1,060,179) Meals Tax $ 801,197 $ 1,900,250 $ 1,900,250 $ 801,197 0 Capital Reserve $ 37,887 $ 710,809 $ 710,809 $ 37,887 0 TOTAL CAPITAL FUNDS $ 839,084 $ 2,611,059 $ 2,611,059 $ 839,084 0 Refuse $2,070,034 $ 1,797,000 $ 2,097,136 $ 150,000 $ 1,919,898 $ (150,136) MINET/Fiber $ 0 $ 561,601 $ 561,601 $ 0 $ 0 0 Water $ 720,181 $ 3,306,040 $ 3,779,567 $ 250,000 $ 496,654 $ (223,527) Sewer $1,245,051 $ 4,010,012 $ 4,841,109 $ 400,000 $ 813,954 $ (431,097) Electric $4,979,375 $17,426,072 $18,821,027 $ 400,000 $ 3,984,420 $ (994,955) TOTAL UTILITY FUNDS $9,014,641 $27,100,725 $30,100,440 $1,200,000 $ 7,214,926 $(1,799,715) Cafeteria $ 815,490 $ 1,701,710 $ 1,701,710 $ 815,490 0 Schools $ (108,298) $21,318,895 $ 21,318,895 $ (108,298) 0 School Grants $ 23,061 $ 0 $ 0 $ 23,061 0 TOTAL SCHOOL FUNDS $ 730,253 $23,020,605 $ 23,020,605 $ 730,253 0 CDBG $(627,574) $ 216,362 $ 216,362 $ (627,574) 0 Housing Choice $ (3,758) $ 2,357,275 $ 2,357,275 $ (3,758) 0 TOTAL SP REV FUNDS $(631,332) $ 2,573,637 $ 2,573,637 $ (631,332) 0 TOTAL ALL FUNDS $16,136,455 $84,638,852 $88,698,746 $1,200,000 $13,276,561 $ (2,859,894) Tax Rates: Real Estate: $1.0621 per $100 assessed value Personal Property: $2.30 per $100 assessed value (unchanged) Machinery & Tools: $1.85 per $100 assessed value (unchanged) Meals Tax Rate: Six and one-half (6.5) percent on the amount paid for meals purchased from any food establishment, whether prepared in such food establishment or not, and whether consumed on the premises or not. Proposed Refuse Rate Increases from Current Rates: Rate Class Proposed Increase Residential Service $2.25/month = $18.50/month Commercial Service $1.50/month = $26.00/month BE IT FURTHER ORDAINED by said Council that this Ordinance shall be effective on and after July 1, 2013. Meals Tax Ordinance, first reading: City Attorney, Eric Monday, briefed Council on the ordinance reporting that while the meals tax has been increased from 6% to 6.5% in the FY13 Budget Ordinance, the levy also appears in Section 21-75 of the City Code, which must also be amended as follows (deletions in strikethrough, additions in italicized underlined). On a motion by Gene Teague, seconded by Danny Turner, with the following 5-0 recorded vote, Adkins, aye; Teague, aye; Stroud, aye; Hodge, aye; and Turner, aye, Council approved the following ordinance, on first reading: Ordinance No. 2013-4 BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in Regular Session held on June 11, 2013, that Section 21-75 of the Code of the City of Martinsville, be, and hereby is, amended to read as follows: Sec. 21-75. Levy. There is hereby imposed and levied by the city on each person a tax at the rate of six (6) six and one-half (6 ½) percent on the amount paid for meals purchased from any food establishment, whether prepared in such food establishment or not, and whether consumed on the premises or not. May 28, 2013 Transportation Safety Commission Bylaws change: Mr. Towarnicki and Ralph Lawson briefed Council on the bylaws change request from the Transportation Safety Commission. For the past several years, the Transportation Safety Commission has had difficulty in maintaining enough regular members to effectively conduct the commission’s business, even though efforts to recruit new members have failed. Some of the current serving members have either resigned from the commission or moved into the County. The commission is currently set up to have 9 regular members; however current attendance averages between 3 and 4 members. At the Transportation Safety Commission’s regularly scheduled meeting of April 8, 2013, the members unanimously voted to submit proposed changes to the commission’s bylaws to allow Henry County residents to serve on the commission, and to reduce the number of members present, required for a quorum, from 4 to 3 regular members. During the City Manager’s normal weekly meeting with the Mayor and Vice-Mayor, an idea was discussed of possibly folding the work/responsibilities of TSC into the activities of the Planning Commission. The idea was vetted to the Planning Commission on May 7, 2013, and after much discussion and consideration, the Planning Commission voted to not assume the responsibilities of the Transportation Safety Commission. After Council discussion and agreement that City Council would have control of how many TSC members were county residents, Council agreed to Bylaws changes presented by the Transportation Safety Commission allowing members of the TSC to be citizens of the City of Martinsville or County of Henry and a quorum consisting of at least 3 regular members. A motion was made by Mark Stroud, seconded by Danny Turner to approve amending the proposed changes to TSC Bylaws, and with a 5-0 vote, the motion was approved. 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 5/28/13 ORG OBJECT DESCRIPTION DEBIT CREDIT FY13 General Fund: 01100909 490136 Recovered Costs - Fire Training ATM 500 01321102 505500 Fire Department - Travel & Training 100 01321102 503171 Fire Department - Fire Burn Bldg Maint - Labor 100 01321102 506130 Fire Department - Fire Burn Bldg Maint - Materials 300 Recovered costs from April 2013 ATM course 01101917 442402 Categorical Other State - Confiscated Assets - C Atty 301 01221082 506105 Comm Atty - Conf Assets State 301 01101917 442401 Categorical Other State - Confiscated Assets - Police 902 01311085 506078 Police Dept - Conf Assets State 902 state asset forfeitures 01102926 443157 Categorical Federal - Safe Routes to School 2,250 01413146 503140 Street Marking - Prof. Services - Engineering 2,250 Reimbursement-Safe Routes to School Project 01100909 490801 Recovered Costs - Senior Citizens 6,156 01100908 480420 Misc. - Donations/Senior Citizens 350 01714212 506016 Senior Center - Program Supplies 2,309 01714212 501300 Senior Center - Part-time Wages 2,602 01714212 502100 Senior Center - Social Security 161 01714212 502110 Senior Center - Medicare 38 01714212 506049 Senior Center - Vehicle Fuels 1,396 Transportation Grant & Donations Total General Fund: 10,459 10,459 Capital Reserve Fund: 16101918 416506 Grants - State - Rescue Squad Assistance Fund 16,187 16572362 508081 Major Tools & Equipment - EMS 16,187 Additional grant reimbursement for purchase of (2) defibrillators Total Capital Reserve Fund: 16,187 16,187 Business from floor: Alfonzo Martin, 1006 Independence Drive-need for more frequent road clearing on Independence during winter weather and the need to slow trucks down. Ethan Harr, 157 Wedgewood Rd.-inquiry on expanding the skateboard slab at Wilson Park. Pam Heath, 217 Arrowhead Trail-expressed appreciation to Council for their support of schools. Council comments: Turner-announced Mustangs first home game is this week and remembered two local D-Day veterans along with a reminder about Memorial Day services on Sunday. Stroud-thanked veterans for their service, especially his uncle, Mr. Clyde England. City Manager comments: 1. Clarified that the city has not sent out letters to citizens about insurance policies for water and sewer lines. 2. Reported sidewalk repairs are starting and the paving May 28, 2013 schedule is beginning. 3. Reported the city is using two NCI interns this summer, Caroline Dionne and Rebekah Moore. 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; Hodge, 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. At the conclusion of Closed Session, each returning member of Council certified that (1) only public business matters exempt from open meeting requirements were discussed in said Closed Session; and (2) only those business matters identified in the motion convening the Closed Session were heard, discussed, or considered during Session. On a motion by Gene Teague, seconded by Mark Stroud, with the following recorded 5-0 vote: Adkins, aye; Hodge, aye; Teague, aye; Stroud, aye; and Turner, aye, Council returned to Open Session. Action taken: Blue Ridge Library Board appointment-on a motion by Mark Stroud, seconded by Sharon Brooks Hodge, with a 5-0 vote, Council appointed Melanie Soulos to the Blue Ridge Library Board for a 4 year term ending 6/30/17. Resolution settlement agreement with Confederated Tribes and Bands of the Yakama Nation—on a motion by Mark Stroud, seconded by Danny Turner, with a 5-0 vote, Council approved the following resolution regarding the settlement agreement: May 28, 2013 There being no further business, the meeting adjourned at 10:15pm. _______________________________ __________________________ Brenda Prillaman Kim Adkins Clerk of Council Mayor

Agenda

AGENDA--CITY COUNCIL -- CITY OF MARTINSVILLE, VIRGINIA Council Chambers – Municipal Building 7:30 pm regular session Tuesday, May 28, 2013 7:30—Regular Session Invocation & Pledge to the American Flag– Mayor Kim Adkins 1. Consider approval of minutes of April 9, 2013 and April 11, 2013. (2 mins) 2. Recognition of City Employees who are eligible for Service Awards–April--June 30, 2013. (5 mins) 3. Conduct a public hearing for the purpose of receiving/interviewing citizens interested in appointment for one 3-year position beginning July 1, 2013 and ending June 30, 2016 to the City’s School Board. (10 mins) 4. Consider approval of FY2013-2014 Budget ordinance, on second reading, establishing the City’s budget and tax rates FY14. (5 mins) 5. Consider approval of ordinance amendment, on first reading, regarding Tax on Prepared Food & Beverages to 6.5%. (5 mins) 6. Consider approval of request from Transportation Safety Commission regarding Bylaws change. (5 mins) 7. Consider approval of consent agenda. (2 mins) 8. Business from the Floor This section of the Council meeting provides citizens the opportunity to discuss matters, which are not listed on the printed agenda. In that the Council meetings are broadcast on Martinsville Government Television, the City Council is responsible for the content of the programming. Thus, any person wishing to bring a matter to Council’s attention under this Section of the agenda should: (1) come to the podium and state name and address; (2) state the matter that they wish to discuss and what action they would like for Council to take; (3) limit 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. 9. Comments by members of City Council. (5 mins) 10. Comments by City Manager. (5 mins) CLOSED SESSION: Items to be considered in Closed Session, in accordance with the Code of Virginia, Title 2.2, Chapter 37—Freedom of Information Act, Section 2.2-3711(A)—Closed Meetings, the following: A. Appointments to Boards & 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. City Council Agenda Summary Meeting Date: May 28, 2013 Item No: 1. Department: Clerk of Council Issue: Consider approval of minutes of City Council meetings April 9, 2013 and April 11, 2013. Summary: None Attachments: April 9, 2013 April 11, 2013 Recommendations: Motion to approve minutes as presented April 9, 2013 The regular meeting of the Council of the City of Martinsville, Virginia, was held on April 9, 2013, in Council Chambers, Municipal Building, at 7:30 PM, with Mayor Kim Adkins presiding. Council Members present included: Mayor Kim Adkins, Vice Mayor Gene Teague, Mark Stroud, Sharon Brooks Hodge and Danny Turner. Staff present included: Leon Towarnicki, City Manager, Brenda Prillaman, Eric Monday, Linda Conover, Wayne Knox, and Eddie Cassidy. Following the invocation by Mayor Kim Adkins and Pledge to the American Flag, the Mayor welcomed everyone to the meeting including Boy Scout Troop members from Troop 168. Mayor Adkins then advised that City Council will recess and convene as Martinsville Redevelopment & Housing Authority. MRHA—Approval on second reading of updated Section 8 Administrative Plan—Wayne Knox briefed the Authority members on the rewrite of the Administrative Plan for the Section 8 Housing Choice Voucher program and advised no comments have been received during the 30 day required comment period. On a motion by Gene Teague, seconded by Sharon Hodge, with a 5-0 vote, the Authority approved the updated Section 8 Administrative Plan on second reading. Martinsville Redevelopment & Housing Authority then adjourned and Martinsville City Council was re-convened. Minutes: On a motion by Mark Stroud, seconded by Danny Turner, Council approved the minutes of the February 26, 2013 meeting. Public hearings regarding Baldwin Block “orphan” lot & transfer tax parcel: City Attorney Eric Monday briefed Council reporting the following information regarding a housekeeping measure that needs to be cleared up regarding the Baldwin Block: One small 30-foot wide lot was not deeded to the City in 1996, when the lots along Barton Street were being acquired. The most likely reason is that a house had been constructed straddling a lot line, and City records had erroneously shown this as a single lot since at least the 1960s. Regardless of the reason for the error, it must be corrected in order for NCI to have clear title. Concurrent action for condemnation and adverse possession (the City has assumed this lot was, and has treated it as, City property for over 15 years) is recommended. Condemnation will allow immediate transfer to NCI. The requested action is: (1) conduct a public hearing concerning condemnation of the lot and approve condemnation and filing of a Certificate of Taking. (2) Conduct a public hearing concerning transfer of the lot to NCI and approve transfer to NCI. After lengthy Council discussion, the Mayor opened the public hearing for condemnation of the lot Tax Map #32(01)D/19 being Lot 5 of Baldwin Block. No comments were made and the Mayor closed the public hearing. A motion was made by Gene Teague, seconded by Danny Turner, with a 5-0 vote, to file the certificate of taking in amount of $10,000 to define the condemnation as public taking which serves the expansion of NCI. Mayor Adkins opened the second public hearing to transfer this tax parcel to NCI and notify heirs. No comments were made and the Mayor closed the public hearing. A motion was made by Gene Teague, seconded by Danny Turner, with a 5-0 vote, to transfer the lot Tax Map#32(01)D/19 to NCI. Resolution regarding April as Fair Housing Month: After a briefing by Wayne Knox, a motion was made by Gene Teague, seconded by Sharon Hodge, with a 5-0 vote, to adopt the resolution: WHEREAS, the City of Martinsville strives to promote principles of Equal Housing Opportunity by prohibiting discrimination practices in the sale, rental and financing of housing and in implementing its housing and community development programs in a manner to affirmatively further the purposes of the fair housing laws; and WHEREAS, the basis for discrimination outlawed by the federal and state fair housing acts are race, color, sex, religion, national origin, handicap, age and familial status; and WHEREAS, the City of Martinsville believes persons of similar income levels should have available to them a like range of housing opportunities and will work to promote equality and freedom of choice; now, therefore, BE IT RESOLVED by the Martinsville City Council that, on this 9th day of April, 2013, in recognition of April as Fair Housing Month, it does hereby pledge to work with its citizens in pursuit of the shared goal and responsibility for providing equal housing opportunities for all persons. April 9, 2013 Ordinance approval on second reading setting City Manager job duties and salary : On a motion by Gene Teague, seconded by Mark Stroud, with the following 5-0 recorded vote: Adkins, aye; Teague, aye; Stroud, aye; Hodge, aye; and Turner, aye, Council approved the following Ordinance 2013-U-1 (uncodified) establishing the compensation for the new City Manager, Leon Towarnicki: City of Martinsville, Virginia---ORDINANCE 2013-U -1 [uncodified] WHEREAS, the Council of the City of Martinsville has this day appointed Leon E. Towarnicki as City Manager, and desires to enact an ordinance fixing his compensation as required by Chapter 5, Section 1 of the City Charter, NOW THEREFORE, BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in regular session held on March 26, 2013, that the City Manager shall receive the following compensation: The City agrees to provide the following compensation to the City Manager during the term of his employment: A. Compensation & Required Employer Costs (1) Base Salary (a) The annual salary for the position of City Manager shall initially be one hundred fifteen thousand dollars ($115,000.00). (b) The City Manager will be eligible for annual salary adjustments based on the City Manager's annual performance evaluation, and at the sole discretion of the City Council. The salary adjustments may be based, in part, on the accomplishment of specific goals set by the City Council that are achieved by the City Manager. (c) The City Manager shall be paid at the same intervals and in the same manner as regular City employees. (d) Subject to the provisions of his Employment Agreement, the City shall not at any time during the term of this Agreement reduce the base salary, compensation or other financial benefits of the City Manager, unless as part of a general City management salary reduction, and then in no greater percentage than the average reduction of all City department heads whose salaries are reduced. (2) Required Employer Costs. The City shall pay: (a) Federal Insurance Contributions Act (FICA) (if applicable to the same extent provided other City employees) (i) Old Age Survivor and Disability Income (OASDI) (ii) Medicare (b) Unemployment Compensation to the same extent provided other City employees. (c) The City contracts with the Virginia Retirement System (VRS) for retirement benefits. The City Manager will be treated as any other employee with regard to City contributions to and the vesting of said retirement benefits. (d) The cost of any fidelity or other bonds required by law for the City Manager. (e) Workers Compensation to the same extent provided other employees of the City. B. Basic Benefits (1) Health Insurance. The parties acknowledge that City Manager will receive health insurance benefits at the same level as all other City employees in accordance with City approved health insurance contribution rates. (2) Annual and Sick Leave. Notwithstanding the policies regarding leave set forth in the City of Martinsville’s Employee Handbook, as amended from time to time, the City Manager shall accrue annual leave and sick leave in conformance with City approved polices. The City Manager shall not be entitled to compensatory time. The City Manager shall coordinate his leave with the Mayor and shall schedule leave in such a fashion as to minimize absences from Council meetings. (3) Other Benefits. With the exception of those benefits specifically addressed in his Employment Agreement, the City Manager shall be entitled to all employee benefits as are currently provided to him and further provided in the City of Martinsville’s Employee Handbook as amended from time to time or such benefits as to which the City Council and City Manager agree from time to time. To the extent such amendments of the City of Martinsville’s Employee Handbook may result in increased or additional benefits to the City Manager, such amendments are subject to the express ratification of the City Council for their application to the City Manager. Signature page for above ordinance: April 9, 2013 Overview of Westside Neighborhood Meeting: Mayor Adkins gave a brief overview of citizen concerns mentioned at the April 8, 2013 Council Neighborhood Meeting held at Albert Harris School, some of which have already been addressed by city staff. Business from floor: no comments. Council comments: Stroud-pleased at Uptown revitalization moving forward with dirt moving at NCI property; Turner-congratulations to Jamie Clark on his April fool’s joke. City Manager comments: Towarnicki-reminded Council of Thursday’s budget presentation. There being no further business, the meeting adjourned at 8:10pm. _______________________________ __________________________ Brenda Prillaman Kim Adkins Clerk of Council Mayor April 11, 2013 A special meeting of the Council of the City of Martinsville, Virginia, was held on April 11, 2013, in Council Chambers, Municipal Building, at 7:00 PM, to receive the City Manager’s FY14 budget recommendations with Mayor Kim Adkins presiding. Council Members present included: Mayor Adkins, Vice Mayor Gene Teague, Danny Turner, Sharon Brooks Hodge and Mark Stroud. Staff present included: Leon Towarnicki, City Manager, Brenda Prillaman, Eric Monday, Linda Conover, Mike Rogers, and Donna Odell. City Manager, Leon Towarnicki presented the proposed FY14 budget for Council’s consideration. The presentation and proposed FY14 budget is to be posted on the city’s website. No action was taken at this time to set a public hearing for the FY14 budget. Budget worksession dates will be coordinated with Council by Mrs. Prillaman. There being no further business, the meeting adjourned at 7:45 pm. _____________________________________ ___________________________ Brenda Prillaman, Clerk of Council Kim Adkins, Mayor City Council Agenda Summary Meeting Date: May 28, 2013 Item No: 2. Department: Human Resources Issue: Recognition of City Employees who are eligible for Service Awards – April 1 through June 30, 2013. Summary: The Service Award Program is designed to build individual morale and show appreciation to the long-service employee for their faithful service to the City of Martinsville. Attachment: Listing of City Employees who are eligible for the service award for the fourth quarter of FY 12-13. TO BE READ BY MAYOR. NO ACTION NECESSARY SERVICE AWARD RECIPIENTS FOURTH QUARTER – FISCAL YEAR 12-13 FOR THE PERIOD OF APRIL 1 – THROUGH JUNE 30, 2013 Employee Department Service Danny Cole Public Works 5 Ronnie Gammons Public Works 5 Krystal Davis Sheriff 5 Kenith Shumate Fire 10 Tim Agee Electric 15 Steve Burgess W/W Plant 20 Jackie Dillard Sheriff 20 Ronald Nance Utility Billing 25 Jimmy Blankenship Electric 25 Bobby Phillips Fire/Safety 35 Donna O’Dell Human Resources 40 City Council Agenda Summary Date: May 28, 2013 Item No: 3. Department: City Attorney Issue: Conduct a public hearing for the purpose of receiving/interviewing citizens interested in appointment for one three-year position beginning July 1, 2013 and ending June 30, 2016 to the Martinsville City School Board. Summary: Pursuant to Code of Virginia section 22.1-29.1 a public hearing is necessary to introduce and consider names of persons interested in appointment to a vacancy on the Martinsville School Board and to receive the views of citizens within the school division. This state code section also states that no nominee or applicant whose name has not been considered at the public hearing shall be appointed as a school board member. Further, the actual appointment must be made at least seven days after the hearing; appointment will therefore be on the June 11, 2013 agenda. Attachments: current Martinsville School Board Recommended Action: Conduct the public hearing and consider interviewing applicants in closed session. MARTINSVILLE SCHOOL BOARD Three-Year Terms CURRENT MEMBERSHIP TERM EXPIRES Bill R. Manning 6/30/13 Craig B. Dietrich 6/30/14 J. C. Richardson 6/30/14 Carolyn McCraw 6/30/15 Robert Williams 6/30/15 City Council Agenda Summary Meeting Date: May 28, 2013 Item No: 4. Department: City Attorney Issue: Consider approval of ordinance regarding FY2013-2014 Budget, on second reading, establishing the City’s budget and tax rates for FY14. Summary: Attached is the summary of the 2013-14 Budget in Ordinance Form. Attachments: Ordinance #2013-U-2 Recommended Action: Motion to adopt ordinance on second reading with a roll call vote. City of Martinsville, Virginia ORDINANCE NO. 2013- U-2 The Budget for Fiscal Year 2013-2014 BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in regular session assembled May 14, 2013, that the following sums of money be and hereby are appropriated – by specified Fund – for the City’s fiscal year ending June 30, 2014, from the following Fund sources of estimated revenue: SUMMARY STATEMENT OF BUDGET ESTIMATES, 2013-2014 Projected Projected Fund Projected Budgeted Fund Net Balance Revenues Exp/Transfers Budgeted Balance (Decrease) 06/30/13 FY13-14 FY13-14 Depreciation 06/30/14 Increase General Fund $6,183,809 $29,332,826 $30,393,005 $ 5,123,630 $ (1,060,179) Meals Tax $ 801,197 $ 1,900,250 $ 1,900,250 $ 801,197 0 Capital Reserve $ 37,887 $ 710,809 $ 710,809 $ 37,887 0 TOTAL CAPITAL FUNDS $ 839,084 $ 2,611,059 $ 2,611,059 $ 839,084 0 Refuse $2,070,034 $ 1,797,000 $ 2,097,136 $ 150,000 $ 1,919,898 $ (150,136) MINET/Fiber $ 0 $ 561,601 $ 561,601 $ 0 $ 0 0 Water $ 720,181 $ 3,306,040 $ 3,779,567 $ 250,000 $ 496,654 $ (223,527) Sewer $1,245,051 $ 4,010,012 $ 4,841,109 $ 400,000 $ 813,954 $ (431,097) Electric $4,979,375 $17,426,072 $18,821,027 $ 400,000 $ 3,984,420 $ (994,955) TOTAL UTILITY FUNDS $9,014,641 $27,100,725 $30,100,440 $1,200,000 $ 7,214,926 $(1,799,715) Cafeteria $ 815,490 $ 1,701,710 $ 1,701,710 $ 815,490 0 Schools $ (108,298) $21,318,895 $ 21,318,895 $ (108,298) 0 School Grants $ 23,061 $ 0 $ 0 $ 23,061 0 TOTAL SCHOOL FUNDS $ 730,253 $23,020,605 $ 23,020,605 $ 730,253 0 CDBG $(627,574) $ 216,362 $ 216,362 $ (627,574) 0 Housing Choice $ (3,758) $ 2,357,275 $ 2,357,275 $ (3,758) 0 TOTAL SP REV FUNDS $(631,332) $ 2,573,637 $ 2,573,637 $ (631,332) 0 TOTAL ALL FUNDS $16,136,455 $84,638,852 $88,698,746 $1,200,000 $13,276,561 $ (2,859,894) Tax Rates: Real Estate: $1.0621 per $100 assessed value Personal Property: $2.30 per $100 assessed value (unchanged) Machinery & Tools: $1.85 per $100 assessed value (unchanged) Meals Tax Rate: Six and one-half (6.5) percent on the amount paid for meals purchased from any food establishment, whether prepared in such food establishment or not, and whether consumed on the premises or not. Proposed Refuse Rate Increases from Current Rates: Rate Class Proposed Increase Residential Service $2.25/month = $18.50/month Commercial Service $1.50/month = $26.00/month BE IT FURTHER ORDAINED by said Council that this Ordinance shall be effective on and after July 1, 2013. ***** Attest: _______________________ Brenda Prillaman, Clerk of Council ______________________ __________________________ Date Adopted Date Effective City Council Agenda Summary Date: May 28, 2013 Item No: 5. Department: City Attorney Issue: Consider approval of ordinance, on first reading regarding meals tax levy. Summary: While the meals tax has been increased from six (6) to six and one-half (6½) percent in the FY 2013-14 Budget Ordinance, the levy also appears in section 21-75 of the City Code, which must also be amended (deletions in strikethrough, additions in italicized underlined. Attachments: amended ordinance Recommendations: Motion to approve, on first reading, with a roll call vote. City of Martinsville, Virginia Ordinance No. 2013-4 BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in Regular Session held on June 11, 2013, that Section 21-75 of the Code of the City of Martinsville, be, and hereby is, amended to read as follows: Sec. 21-75. Levy. There is hereby imposed and levied by the city on each person a tax at the rate of six (6) six and one-half (6 ½) percent on the amount paid for meals purchased from any food establishment, whether prepared in such food establishment or not, and whether consumed on the premises or not. ********* Attest: ________________________________ Brenda Prillaman, Clerk of Council _______________ _______________ Date Adopted Date Effective City Council Agenda Summary Meeting Date: May 28, 2013 Item No: 6. Department: Public Works/Police Issue: Consider approval of requested change in Transportation Safety Commission’s Bylaws Summary: For the past several years, the Transportation Safety Commission has had difficulty in maintaining enough regular members to effectively conduct the commission’s business, even though efforts to recruit new members have failed. Some of the current serving members have either resigned from the commission or moved into the County. The commission is currently set up to have 9 regular members; however current attendance averages between 3 and 4 members. At the Transportation Safety Commission’s regularly scheduled meeting of April 8, 2013, the members unanimously voted to submit proposed changes to the commission’s bylaws to allow Henry County residents to serve on the commission, and to reduce the number of members present, required for a quorum, from 4 to 3 regular members. During the City Manager’s normal weekly meeting with the Mayor and Vice-Mayor, an idea was discussed of possibly folding the work/responsibilities of TSC into the activities of the Planning Commission. The idea was vetted to the Planning Commission on May 7, 2013, and after much discussion and consideration, the Planning Commission voted to not assume the responsibilities of the Transportation Safety Commission. Attachments: TSC Proposed Bylaw Revisions 2013 Planning Commission Summary 5-7-13 Planning Commission Memo on TSC 5-16-13 Recommendations: Given the difficulties in maintaining the required membership and quorum for the commission, and given the fact that we have county residents wishing to reside on the commission who have a vested interest in the transportation use of, and safety of City maintained streets, we recommend Council approve the revisions to the bylaws as presented. Motion to approve requested change. BYLAWS OF THE MARTINSVILLE TRANSPORTATION SAFETY COMMISSION As Amended and Approved by the City Council: March 11, 1997 March 25, 2003 November 8, 2005 June 9, 2009 January 26, 2010 ARTICLE I CREATION Section 1.1 The Martinsville Transportation Safety Commission was created by action of City Council pursuant to powers granted in Chapter 2, Section 5 of the Code of the City of Martinsville, Virginia. The Commission was created to advise the City Administration and City Council in matters pertaining to transportation and safety in the City of Martinsville. ARTICLE II MEMBERSHIP Section 2.1 The Commission shall consist of up to nine regular members and two representatives of the student body of Martinsville High School appointed by the City Council. Section 2.2 Members shall be citizens of the City of Martinsville or the County of Henry, appointed at large to represent various geographic areas and other interests. No more than a combination of two employees of the City or Constitutional Offices shall serve on the Commission at any one time. Section 2.3 The Commission shall receive full and effective staff support from the City Administration, by a person(s) to be designated by the City Manager. This support shall include serving as the secretary for the Commission, agenda development, preparation of reports and recommendations, required research, and any other services necessary to assist the Commission in its functions. ARTICLE III TERMS OF MEMBERS AND VACANCIES Section 3.1 Terms of the nine regular members shall be four years, but staggered whereby five members and then four members would be appointed. Representatives of the student body of Martinsville High School shall be appointed annually and serve the Commission during the school year. Section 3.2 All regular members shall be eligible to serve three successive terms provided they continue to satisfy the basic and respective criteria upon which they were originally appointed. They will be ineligible for reappointment for a period of one year, unless there are an insufficient number of qualified applicants to fill all vacancies. Section 3.3 Should mid-term vacancies occur among regular member positions, or when terms expire as provided herein, the Commission as a whole and/or as individuals shall be entitled to submit nominations for City Council’s consideration in appointing replacements. ARTICLE IV OFFICERS Section 4.1 The officers shall be the Chairperson and the Vice Chairperson. The Chairperson and Vice Chairperson shall be elected for a two-year period. The Chairperson shall serve not more than two consecutive terms. In the event of a vacancy in either office, an election to fill the vacancy shall be held at the next meeting of the Commission or as soon thereafter as practicable. Section 4.2 The Chairperson shall cause an agenda to be prepared for each meeting and shall preside thereat. The Chairperson shall also appoint such ad hoc or standing committees from the membership of the Commission as are deemed necessary. The Chairperson shall sign correspondence, reports and recommendations on the part of the Commission and shall otherwise represent the Commission in its proper relationships with the City Council, the City Administrator, State and Federal agencies, and the public. Section 4.3 The Vice Chairperson shall serve in the absence of the Chairperson. Section 4.4 A Recording Secretary shall be provided, at the direction of the City Manager, to assist the Chairperson in development and dissemination of the agenda and in recording accurate minutes of all meetings. Minutes of each meeting shall be forwarded to Commission members with the next regularly scheduled Commission meeting agenda and to members of City Council with the next regularly scheduled Council agenda following the monthly meeting of the Commission. All records of the Commission shall be made available to the news media and the public in a timely way by the Recording Secretary. 2 ARTICLE V MEETINGS Section 5.1 The Commission shall meet once each month, except July, at a time and day agreed on in advance by the Commission, or at the call of the Chairperson. The Chairperson may cancel any monthly meeting when it is deemed appropriate. Section 5.2 Meetings shall convene at the appointed time, except when members are specifically notified otherwise. ARTICLE VI QUORUM AND ATTENDANCE Section 6.1 No business of the Commission can be conducted at any meeting thereof without the presence of a quorum, consisting of at least four three regular members. Section 6.2 Members are expected to attend all regularly scheduled meetings. Any member having missed five regularly scheduled meetings in a calendar year shall be so notified in writing by the Chairperson. The Chairperson may report such fact to the City Council, who may determine the necessity of replacing such member. ARTICLE VII GOALS, FUNCTIONS AND PROGRAMS Section 7.1 The goals of the Commission shall be as follows: a) To serve as a forum for various community groups and interests whose concerns include safer streets and highways; b) To provide active leadership and to solicit increased citizen participation in all aspects of transportation safety; c) To consistently reduce each year the total number of transportation accidents, with special emphasis on avoidance of those accidents resulting in serious bodily injury and death. Section 7.2 The functions of the Commission shall include, but not be limited to the following: 3 a) Reviewing State and Federal highway safety standards, assessing local conditions, and determining the existence of local deficiencies as to those standards; b) Making recommendations to the City Council as to policy decisions to enhance transportation safety in the City by the adoption or amendment of appropriate regulatory ordinances; c) Making recommendations to the City Council as to major capital expenditures or necessary efforts to correct other than routine transportation safety problems or conditions; d) Reviewing reports, surveys and studies by the City’s staff and others as to accident records, specific safety needs and programs and other activities; e) Making recommendations for corrective action to the City’s staff and/or the State Department of Highways and Transportation concerning specifically identified locations or conditions on local streets considered to be accident prone; f) Working cooperatively with the City Planning Commission and the West Piedmont Planning District Commission, as required, in the development of local and regional transportation safety plans; g) Developing public information programs and enlisting the assistance of all local organizations (PTA/PTO’s, civic clubs, etc.) in generating overall public awareness of the need for safe transportation practices and the prevention of accidents; h) Serving as a liaison with the State Department of Highways and Transportation and, through this relationship, to maintain the City’s eligibility for grant funding whenever available from the Federal Highway Safety Act of 1966 and other such State or Federal assistance programs; i) Updating the appendices to these Bylaws as to membership matters and major accomplishments. ARTICLE VIII AMENDMENTS Section 8.1 These Bylaws may be amended by a two-thirds vote of the Commission in attendance, provided that a quorum is present and further provided that written notice of proposed amendments are first given to each member not less than ten days prior to the regular or called meeting at which such amendments are to be considered. Section 8.2 Amendments so adopted shall not become effective until duly ratified by City Council. 4 Planning Commission Meeting Date: May 7, 2013 Issue: Martinsville Transportation Safety Commission Summary: On the draft Council agenda for the April 23rd meeting, there was an item regarding amendment of the bylaws for the Martinsville Transportation Safety Commission to make two significant changes – (1) to allow residents of Henry County to serve on the Commission, and (2) to reduce the quorum number from 4 to 3 members. These changes, requested by the TSC, are in response to the growing difficulty in finding individuals willing to serve on this important and long-standing commission. During the City Manager’s normal weekly meeting with the Mayor and Vice-Mayor, recognizing the difficulty in finding willing participants to serve on the TSC, an idea was discussed of possibly folding the work/responsibilities of TSC into the activities of the Planning Commission. At this point the idea is simply being explored, and the TSC request for by-laws changes has been removed from the Council agenda for the time being. This issue is now being brought up for discussion at the Planning Commission Meeting. Attachments: TSC Agendas for February 7th and April 8th, 2013 Agenda Enclosures Project List City Tour Sites from April 2012 TSC By-Laws Proposed By-Law Changes 3 5 3 5 7 / Martinsville A CITY WITHOUT LIMITS Memorandum DATE: May 16, 2013 TO: Mayor Adkins and Vice-Mayor Teague FROM: Martinsville Planning Commission / Jennifer N. Gregory, Secretary J uy ' SUBJECT: Martinsville Transportation Safety Commission The Planning Commission met on Tuesday, May 7, 2013, in response to the request that the Planning Commission discuss the idea of folding the work/responsibilities of the Transportation Safety Commission (TSC) into the activities of the Planning Commission. Four members of the TSC attended this meeting to openly discuss the idea. After much discussion and consideration, the Planning Commission voted to recommend that the work/responsibilities of the TSC not be folded into the activities of the Planning Commission. The motion passed unanimously (5-0). Planning Commissioners based their decision on the following factors: • The TSC and the Planning Commission have very different goals and objectives. • Transportation does not generally fall within the scope of the Planning Commission. • Transportation is such an important safety issue that should be handled by individuals who have expertise in this field. • The Planning Commission is not receptive to the idea of taking on any additional responsibilities than they are currently charged with. / Martinsville A CITY WITHOUT LIMITS Memorandum DATE: May 16, 2013 TO: Mayor Adkins and Vice-Mayor Teague FROM: Martinsville Planning Commission / Jennifer N. Gregory, Secretary J uy ' SUBJECT: Martinsville Transportation Safety Commission The Planning Commission met on Tuesday, May 7, 2013, in response to the request that the Planning Commission discuss the idea of folding the work/responsibilities of the Transportation Safety Commission (TSC) into the activities of the Planning Commission. Four members of the TSC attended this meeting to openly discuss the idea. After much discussion and consideration, the Planning Commission voted to recommend that the work/responsibilities of the TSC not be folded into the activities of the Planning Commission. The motion passed unanimously (5-0). Planning Commissioners based their decision on the following factors: • The TSC and the Planning Commission have very different goals and objectives. • Transportation does not generally fall within the scope of the Planning Commission. • Transportation is such an important safety issue that should be handled by individuals who have expertise in this field. • The Planning Commission is not receptive to the idea of taking on any additional responsibilities than they are currently charged with. City Council Agenda Summary Meeting Date: May 28, 2013 Item No: 7. Department: Finance Issue: Consider approval of consent agenda. Summary: The attachments amend the FY13 Budgets with appropriations in the following funds: FY13: General Fund: $10,459 – Federal, State & Local Reimbursements; Donations; Recovered Costs. Capital Reserve Fund: $16,187 – Additional State Grant funding Attachments: Consent Agenda - 5-28-13.xls Recommendations: Motion to approve BUDGET ADDITIONS FOR 5/28/13 ORG OBJECT DESCRIPTION DEBIT CREDIT FY13 General Fund: 01100909 490136 Recovered Costs - Fire Training ATM 500 01321102 505500 Fire Department - Travel & Training 100 01321102 503171 Fire Department - Fire Burn Bldg Maint - Labor 100 01321102 506130 Fire Department - Fire Burn Bldg Maint - Materials 300 Recovered costs from April 2013 ATM course 01101917 442402 Categorical Other State - Confiscated Assets - C Atty 301 01221082 506105 Comm Atty - Conf Assets State 301 01101917 442401 Categorical Other State - Confiscated Assets - Police 902 01311085 506078 Police Dept - Conf Assets State 902 state asset forfeitures 01102926 443157 Categorical Federal - Safe Routes to School 2,250 01413146 503140 Street Marking - Prof. Services - Engineering 2,250 Reimbursement-Safe Routes to School Project 01100909 490801 Recovered Costs - Senior Citizens 6,156 01100908 480420 Misc. - Donations/Senior Citizens 350 01714212 506016 Senior Center - Program Supplies 2,309 01714212 501300 Senior Center - Part-time Wages 2,602 01714212 502100 Senior Center - Social Security 161 01714212 502110 Senior Center - Medicare 38 01714212 506049 Senior Center - Vehicle Fuels 1,396 Transportation Grant & Donations Total General Fund: 10,459 10,459 Capital Reserve Fund: 16101918 416506 Grants - State - Rescue Squad Assistance Fund 16,187 16572362 508081 Major Tools & Equipment - EMS 16,187 Additional grant reimbursement for purchase of (2) defibrilators Total Capital Reserve Fund: 16,187 16,187

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