City Council

AGENDA--CITY COUNCIL -- CITY OF MARTINSVILLE, VIRGINIA Council Chambers – Municipal Building 7:00 pm CLOSED SESSION 7:30 pm regular session Tuesday, June 11, 2013 7:00--Closed Session 1. Items to be considered in Closed Session, in accordance with the Code of Virginia, Title 2.2, Chapter 37—Freedom of Information Act, Section 2.2-3711(A)—Closed Meetings, the following: A. 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. Consultation with legal counsel and briefings by staff members, attorneys or consultants pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by such counsel, as authorized by Subsection 7. 7:30—Regular Session Invocation & Pledge to the American Flag–Council Member Mark Stroud. 1. Consider approval of minutes of April 23, 2013. (2 mins) 2. Hear report from Mark Heath of M-HC Economic Development Corporation. (10 mins) 3. Presentation of Governor’s Certificate of Recognition for Father’s Day Initiative. (20 mins) 4. Hear staff update on Martinsville Wayfinding Signage program. (10 mins) 5. Hear staff report on website enhancements regarding availability of Council meeting agendas, minutes, and videos. (10 mins) 6. Consider approval of ordinance amendment, on second reading, regarding FY 13 Tax on Prepared Food & Beverages to 6.5%. (2 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 minutes) 10. Comments by City Manager. (5 minutes)  City Council Agenda Summary Meeting Date: June 11, 2013 Item No: 1. Department: Clerk of Council Issue: Consider approval of minutes of City Council meeting April 23, 2013. Summary: None Attachments: April 23, 2013 Recommendations: Motion to approve minutes as presented April 23, 2013 The regular meeting of the Council of the City of Martinsville, Virginia, was held April 23, 2013, 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 Gene Teague, Mark Stroud, Sharon Brooks Hodge and Danny Turner. Staff present included: City Manager Leon Towarnicki, Brenda Prillaman, Eric Monday, Linda Conover, Kathy Vernon, Mike Rogers, and Ruth Easley. 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 Mark Stroud, seconded by Danny Turner, 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) 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. (C) Consultation with legal counsel and briefings by staff members, attorneys, or consultants pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by such counsel, as authorized by Subsection 7. 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; Hodge, aye; Teague, aye; Stroud, aye; and Turner, aye, Council returned to Open Session. Action taken on Board appointments: West Piedmont Planning District Commission: Motion by Gene Teague, seconded by Sharon Hodge, with 5-0 vote, to reappoint Kathy Lawson, 909 Barrows Mill Rd., to a 3 year term ending 6/30/16. Tree Board: Motion by Mark Stroud, seconded by Sharon Hodge, with 5-0 vote, to appoint Melanie Barrow, 82 Ziglar Rd., Fieldale, to a 3 year term ending 3/31/16. Motion by Danny Turner, seconded by Mark Stroud, with 5-0 vote, to appoint Nancy Philpott to a 3 year terming ending 3/31/16. Following the invocation by Vice Mayor Teague and Pledge to the American Flag, the Mayor welcomed everyone to the meeting. The Mayor noted adjustments to agenda adding a proclamation and moving the Mustangs item up to item 3 on the agenda. Proclamation-Shelton Scales: Mayor Adkins presented a proclamation honoring J. Shelton Scales, who served in World War II and was one of original members of the Martinsville Volunteer Fire Company. Update from 4/8/13 Neighborhood meeting at Albert Harris School: Mayor Adkins reported that after she recapped the April 9 Neighborhood Meeting, she received the following email from Mr. Lawrence Mitchell: TO: Kim Adkins, Mayor, City of Martinsville RE: Citizen Complaint DATE: April 11, 2013 Dear Ms. Adkins, This complaint is in reference to the April 8th and 9th meeting of the City Council. First, I would like to say how disappointing it was to view the Tuesday meeting on Cable TV and hear how you misrepresented and omitted issues I spoke about at the Albert Harris School. During your recap of the Albert Harris meeting you mentioned my name. I have no problem with that since I spoke in public. But to not properly characterize what I said is another issue. This is why I am filing an official complaint. First, at the Tuesday official meeting you mentioned that I was talking about 'down power lines' which was wrong. I specifically said, hanging telephone lines. Councilman Stroud said at the meeting that this was a telephone company complaint. But this is not completely true. Yes, the lines belong to the telephone company, but the poles that they hang on belong to the city. April 23, 2013 The other issue was the council's failure to give the name of individuals who represent themselves as community leaders and your council member, Hodge, did not give an adequate answer why these people names are kept confidential. If these people are giving the city council information that represents matters that affect the community at large, these individuals need to be identified to the community. Also, when did Ms. Hodge become the West End community representative? The other issue was the access of Beaver Street to Fayette Street and Memorial Blvd. These access points need to be improved for the safety of the community. The city should place a meter car counter on the street to record the number of cars that use that street. This will give the city an accurate record of how much traffic travels along that street. At the corner of Second Street and 'B' Street is a corner of Academy Place. On some rainy days there is a run off coming out of the ground. The Academy Place site was a toxic waste dump area. The city should conduct a test on the run off to see if it is toxic. Or contact the EPA to do a study. The other issue was the resurfacing of Second Street. Also, these complaints are not solely my own but issues that are of concerned to the community. Each of these items should be addressed individually and reported back to the community. Sincerely, Lawrence Mitchell cc: Gene Teague, Vice Mayor Mayor Adkins asked the City Manager to update on the issues that have been addressed and he advised status. Council Member Hodge responded to the comments regarding naming designating leaders with a prepared statement advising that she was elected as a representative of all areas of the city. Council Member Turner felt the email complaint was inappropriate and was making too much of the situation. Mr. Mitchell spoke advising that he sent the email as a messenger regarding neighborhood concerns and it seems a miscommunication has occurred and he did not mean to offend. Minutes: On a motion by Gene Teague, seconded by Mark Stroud, with a 5-0 vote, Council approved the minutes of the March12, 2013 meeting. Mustangs update: Jesse Cole of Team Cole & Associates gave an update on the upcoming 2013 baseball season and the activities and events planned. Mr. Towarnicki commented briefly on the contract to extend the 2014 season advising that funding is included in the proposed FY14 budget at the $10,000 lesser cost as pointed out. Council comments included: Hodge-opposed to extending contract and will vote against it. Stroud-commended Mustangs and the $10,000 drop in price will make his decision easier. Turner- questions about Fourth of July events. Teague-pleased with this report and it shows that baseball can have a path that is good at not a great cost and thanked Mr. Cole for bringing this option to Council. Proclamation-National Correctional Officers week: Mayor Adkins presented a proclamation recognizing National Correctional Officers and Employees Week. Piedmont Governor’s School project presentation: Dr. Nina Huff and students from the Piedmont Governor’s School presented their citizen survey project to City Council. Teams of students presented the information in segments and explained their processes used in gathering and analyzing the data presented. Dr. Huff and the students then presented a handmade quilt to Council signifying what the students felt they had learned during the process. Council Member Hodge expressed her objection to a patch on the quilt and how it was presented. After lengthy discussion, Council Member Teague complimented the students on their work and asked for their recommendations on 3 or 4 things Council could work on. Council Member Turner thanked students for gathering all the information and doing the survey for the city. Likewise, Council Member Stroud expressed his thanks and appreciation to the students of Piedmont Governors School for their work on the project. Public Hearing regarding tax exemption request: Commissioner of Revenue Ruth Easley briefed Council on the personal property tax exemption request from STEP, Inc. with a tax revenue impact of $31.79. She also reported the organization is in the process of updating their bylaws to include language reflecting City of Martinsville. Mayor Adkins opened the public hearing. No comments were made and the Mayor closed the public hearing. On a motion by Sharon Hodge, seconded by Danny Turner, with the following 5-0 April 23, 2013 recorded vote: Adkins, aye; Hodge, aye; Teague, aye; Stroud, aye; and Turner, aye, Council approved the ordinance on first reading to grant the requested personal property exemption for STEP, Inc. and designated it as a charitable organization. Resolution approval regarding Anti-displacement required for pre-contract work NCI: Susan McCulloch presented information regarding an Anti-Displacement Resolution required by DHCD for the Community Block Grant as part of the pre-contract work for NCI. The required process involves the approval of the resolution to be completed to follow steps that are in line with federal and state protocol. This same resolution was approved in the Cherry Street CDBG and Martinsville Business District Revitalization CDBG Project as well. Community Development recommends that City Council approve the resolution, which will enable us to be compliant with DHCD paperwork and move the grant process forward. The NCI Community Development Block Grant – New College Expansion – Building on Baldwin project will be a revitalization catalyst in the Martinsville community. On a motion by Gene Teague, seconded by Danny Turner, with a 5-0 vote, Council approved the following resolution: Residential Anti-Displacement and Relocation Assistance Plan Certification City of Martinsville The City of Martinsville will replace all occupied and vacant occupiable low/moderate-income dwelling units demolished or converted to a use other than as low/moderate income dwelling unit as a direct result of activities assisted with funds provided under the Housing and Community Development Act of 1974, as amended. All replacement housing will be provided within three (3) years of the commencement of the demolition or rehabilitation relating to conversion. Before obligating or expending funds that will directly result in such demolition or conversion, the City of Martinsville will make public and advise the state that it is undertaking such an activity and will submit to the state, in writing, information that identifies: 1. A description of the proposed assisted activity; 2. The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as low/moderate-income dwelling units as a direct result of the assisted activity; 3. A time schedule for the commencement and completion of the demolition or conversion; 4. The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units; 5. The source of funding and a time schedule for the provision of replacement dwelling units; 6. The basis for concluding that each replacement dwelling unit will remain a low/moderate-income dwelling unit for at least 10 years from the date of initial occupancy; and 7. Information demonstrating that any proposed replacement of dwelling units with smaller dwelling units is consistent with the housing needs of low- and moderate- income households in the jurisdiction. The City of Martinsville will provide relocation assistance to each low/moderate – income household displace by the demolition of housing or by the direct result of assisted activities. Such assistance shall be that provided under Section 104 (d) of the Housing and Community Development Act of 1974, as amended, or the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. The City of Martinsville FY 13 New College Institute Expansion – Building on Baldwin’s project activities as planned will not cause any displacement from or conversion of occupiable structures. The City of Martinsville will work with the grant management staff, engineers, project area residents, and the Department of Housing and Community Development to insure that any changes in project activities do not cause any displacement from or conversion of occupiable structures. In all cases, an occupiable structure will be defined as a dwelling that meets local building codes or a dwelling that can be rehabilitated to meet code for $25,000 or less. Resolution urging maintaining Tax Exempt Status of Municipal Bonds: Leon Towarnicki briefed Council on the resolution urging maintaining Tax Exempt Status of Municipal Bonds. Congress and the Administration are considering eliminating or altering the ability of state and local governments to issue tax-exempt financing in the form of municipal bonds. This form of financing is critical to providing infrastructure for our community and throughout the nation. Tax-exempt municipal bonds fund public utility projects such as construction of power generation facilities, improvements to public water and sewer infrastructure, public schools, roads etc. Some potential threats to tax-exempt financing include: April 23, 2013 • Changing the tax-exempt status of municipal bond interest (including taxing the interest earned by certain classes of taxpayers); • Issuing municipal bonds as tax-credit bonds, instead of tax-exempt bonds; • Replacing the muni-tax exemption with a direct subsidy to the issuer; • Narrowing the scope of projects eligible for tax-exempt financing; or • Changing overall tax rates or tax treatment of investment income (could make tax-exempt investments less attractive). American Municipal Power Inc. along with Blue Ridge Power Agency encourages the passage of a resolution by City Council in support of maintaining tax-exempt municipal bonds. On a motion by Danny Turner, seconded by Mark Stroud, with a 5-0 vote, Council adopted the following resolution which will be sent to President Obama, Senator Kaine, Senator Warner, and Congressman Griffith: Set public hearing date for FY14 Budget: On a motion by Gene Teague, seconded by Sharon Hodge, with a 5-0 vote, Council set the public hearing for the FY14 Budget for May 14, 2013. Consent agenda: On a motion by Gene Teague, seconded by Danny Turner, with a 5-0 vote, Council approved the following consent agenda: BUDGET ADDITIONS FOR 4/23/13 ORG OBJECT DESCRIPTION DEBIT CREDIT FY13 General Fund: 01101917 442810 Categorical Other - State - Highway Projects 446,822 01413151 503193 Thorofare Construction - Prof.Serv. -Inspections/Fees 446,822 April 23, 2013 Reimbursement-Liberty St Project 01101918 443402 State Grant - Stormwater Mgmt Plan Study 11,731 01413149 503162 Street Construction - Stormwater Mgmt Study 11,550 01413149 503163 Street Construction - Stormwater Study/Advertising 181 Reimbursement from DCR for Stormwater Study 01100909 490104 Advance/Recovered Costs 1,762 01331108 501300 Sheriff/Corrections - Part-time & Temporary Wages 1,280 01331108 502100 Sheriff/Corrections - Social Security 79 01331108 502110 Sheriff/Corrections - Medicare 19 01331108 506008 Sheriff/Corrections - Vehicle Equipment & Maint. 256 01331110 506200 Sheriff/Annex - Prisoner Allowance 128 Reimbursement from Henry County for litter pickup - January 2013 01100908 480410 Donations/Fire Department 250 01321102 505500 Fire Department - Travel 250 Donation from citizen Total General Fund: 460,565 460,565 Finance Report: Finance Director Linda Conover presented the finance report as follows: FY13 – Revenues & Expenditures through March 31, 2013; Combined Balance Sheet; Projected Fund Balance Exclusive of School and Special Revenue funds, actual revenues were $41,457,992, representing 101.8% of the anticipated $40,716,143 through the third quarter, ending March 31st. Presenting eight months, Local Sales/Use Taxes collected through March 31st are ahead of anticipated by $48,554, for total receipts of $753,420. Utility revenues were mixed with Water Fund and Sewer Fund receipts being greater than anticipated, and Refuse Fund and Electric Fund receipts being less than anticipated, although not by large amounts. Actual expenditures were $49,574,259, which is less than the anticipated amount by $900,803. The “actual” figures include all outstanding encumbrances of $1,665,926. As of the end of the FY13 third quarter, the current total combined fund balance for FY13 is $21,053,946, a decrease over FY12 of $5,718,575. The unadjusted available cash-on-hand March 31st for City Funds was $9.3 million. From estimates prepared during the FY14 budget process, the projected fund balance, including all Utility Funds, for FY13 is $16,136,456 – a decrease from FY12 year-end of $10,636,065. Based upon this projection, the unassigned Fund Balance would be $2,796,762 for non-utility funds and $9,014,641 for utility funds, for a total of $11,811,403. On a motion by Mark Stroud, seconded by Sharon Hodge, with a 5-0 vote, Council approved the report. Business from floor: Debbie Hall of M-HC Historical Society requested that her agency be allowed to present to Council at their upcoming budget worksession. Council agreed to add this agency to the list for consideration. Council comments: Turner-commented on inappropriate treatment of the students during their presentation tonight; Stroud-stated his comments would not be appropriate for this venue; Adkins-shared that she had been in discussion with VEC and there is a need to make sure everyone knows we have job openings here—the WIB center will be calling those who need jobs with the goal to cut unemployment in half. City Manager comments: Mr. Towarnicki reminded Council of upcoming budget worksessions and noted there were five outside agency funding requests which were not included in the proposed budget and they will also be invited to present to Council at a worksession. There being no further business, the meeting adjourned at 9:45 pm. _______________________________ __________________________ Brenda Prillaman Kim Adkins Clerk of Council Mayor  City Council Agenda Summary Meeting Date: June 11, 2013 Item No: 2. Department: City Manager Issue: Hear an update from the Martinsville-Henry County Economic Development Corporation. Summary: Mark Heath of the EDC will give this update and answer any questions. Attachments: None Recommendations: No action required  City Council Agenda Summary Meeting Date: June 11, 2013 Item No: 3. Department: Community Development & Martinsville Redevelopment & Housing Authority Issue: Presentation of Governor’s Certificate of Recognition for Father’s Day Initiative Summary: The Department of Housing & Urban Development has requested that all housing authorities conduct an event in order to highlight the need for fathers to play a greater part in their families’ lives. This is in line with HUD’s 2010 – 2015 Strategic Plan Goal # 3: “using housing as a platform to improve the quality of life of our residents”. This is the third year of this initiative. Thus far, 233 housing authorities has signed on to have an event this Fathers’ Day. MRHA in cooperation with the Give Back Foundation for the Children and other sponsors is conducting a weekend of events. Attachments: Governor’s Certificate of Recognition Recommendations: Affirm the recognition of the Father’s Day Initiative by the State and City.  CERTIJFJPOATE of RECOGNITION By virtue of the authority vested by the Constitution in the Governor of the Coimnon wealth of Virginia, there is hereby officially recognized. FATHER’S DAY WHEREAS, it is important for Virginia to celebrate the unique bond between father and child, and to honor the dedication to family and community fathers exemplify as they raise their children; and WHEREAS, with fatherhood comes great responsibility, as fathers are a major influence in their child’s upbringing and are instrumental in helping their children reach their full potential; and WHEREAS, Virginia pays special tribute to fathers serving overseas in the Armed Forces who will not be able to share this Father’s Day with their families; and WHEREAS, Virginia recognizes individuals, faith-based and community organizations that celebrate and promote responsible fatherhood and the many volunteers who help men be the dads and husbands their children and spouses need and deserve; we honor these fathers as “Everyday Heroes;” and WHEREAS, fatherhood is a year round, daily occupation which our Commonwealth has commemorated for decades in honor of the personal and professional sacrifices made by fathers for the love of their children; NOW, THEREFORE, I, Robert F. McDonnell, do hereby recognize June 16, 2013 as FATHER’S DAY in our COMMONWEALTH OF VIRGINIA, and I call this observance to the attention of all our citizens. etcirij the Coinino cairn  City Council Agenda Summary Meeting Date: June 11, 2013 Item No: 4. Department: Community Development Issue: Hear a staff update on the Martinsville Wayfinding Signage program. Summary: On December 30, 2010, the City of Martinsville received a grant from the Harvest Foundation for projects helping Uptown revitalization. The projects were: Historic Henry County Courthouse enhancements Depot Street Trailhead improvements Gateways and Wayfinding Signage Program. Today, Community Development Planner Susan McCulloch will provide an update regarding the Wayfinding Signage Program. Attachments: Information will be provided at the meeting. Recommendations: N/A  City Council Agenda Summary Meeting Date: June 11, 2013 Item No: 5. Department: City Manager Issue: Hear staff report on website enhancements regarding availability of Council meeting agendas, minutes, and videos. Summary: City Manager Leon Towarnicki will give this update and provide information regarding changes made in availability of Council meetings information. Attachments: None Recommendations: No action required  City Council Agenda Summary Date: June 11, 2013 Item No: 6. Department: City Attorney Issue: Consider approval of ordinance, on second 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 FY12-13 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 second 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: June 11, 2013 Item No: 7. Department: Finance Issue: Consider approval of consent agenda. Summary: The attachments amend the FY13 Budgets with appropriations in the following fund: FY13: General Fund: $328,820 –State Reimbursement Attachments: Consent Agenda - 6-11-13.xls Recommendations: Motion to approve  BUDGET ADDITIONS FOR 6/11/13 ORG OBJECT DESCRIPTION DEBIT CREDIT FY13 General Fund: 01101917 442810 Categorical Other - State - Highway Projects 328,820 01413151 503193 Thorofare Construction - Prof.Serv. -Inspections/Fees 72,029 01413151 508220 Thorofare Construction - Physical Plant Expansion 256,791 Reimbursement-Liberty St Project Total General Fund: 328,820 328,820