City Council
Regular MeetingMartinsville, VA · August 13, 2013
Minutes
August 13, 2013
The regular meeting of the Council of the City of Martinsville, Virginia, was held on August 13, 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, Danny Turner and Sharon Brooks Hodge. Staff present included: Leon Towarnicki, City Manager,
Brenda Prillaman, Linda Conover, Eric Monday, Eddie Cassady, Dennis Bowles, 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
Danny Turner, seconded by Mark Stroud, with the following 5-0 recorded vote: Adkins, aye; Teague, aye;
Stroud, aye; and Hodge, aye, Turner, aye, Council convened in Closed Session, for the purpose of discussing
the following matter: (A) 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 Sharon Brooks Hodge, with the
following recorded 5-0 vote: Adkins, aye; Teague, aye; Stroud, aye; and Hodge, aye; Turner, aye, Council
returned to Open Session. Mayor Adkins reported the following for the public record regarding the order
from the Circuit Court for the City of Martinsville and former City Manager, Clarence Monday:
August 13, 2013
Following the invocation by Mayor Adkins and Pledge to the American Flag, the Mayor welcomed
everyone to the meeting and advised that agenda item #9 regarding water discharges is being withdrawn.
Minutes: On a motion by Gene Teague, seconded by Danny Turner, with a 5-0 vote, Council approved
the minutes of the June 25, 2013 meeting.
Proclamation Wigs Unlimited: Mayor Adkins presented a proclamation to Ella Mae Wickham of Wigs
Unlimited recognizing the Hair 4-A Friend program.
VEC Update from Chris Pope: Office Manager of the Virginia Employment Commission, Chris Pope,
updated Council regarding local unemployment rate, how the rate is derived, and efforts being made to
improve employment opportunities in the community.
EDC Update: Lisa Lyle presented the update from the M-HC Economic Development Corporation
regarding their recent activities. Council Member Hodge asked for information on the amount of return on
investment for the money being spent on economic development and requested more quantitative reporting in
future reports.
Resolution IRF grant for Henry Hotel: On a motion by Gene Teague, seconded by Danny Turner, with a 5-0
vote, Council adopted the following resolution required for grant funding for the Henry Hotel under the Industrial
Revitalization Fund (IRF) administerd by the Dept. of Housing & Community Development:
August 13, 2013
Resolution and ordinance regarding employee residency requirment: City Attorney Eric Monday briefed
Council on the required votes regarding the residency resolution and ordinance. Staff recommends that the
residency requirements for department heads be repealed, as set forth in the attached ordinance (deletions
in strikethrough, additions in italicized underlined). He noted the resolution for consideration rescinds an
earlier resolution listing particular offices subject to the requirement. Mr. Towarnicki reported on current and
future vacancies of senior management noting there are qualified people in the community to fill these
positions and the residency requirement is a hindrance. After lenghthy Council discussion, Mayor Adkins
opened the floor for public comment. Mr. Ural Harris of 217 Stuart St. commented that he felt employees
need to live in the city. It was noted by Council that the resolution needs rephrasing in a positive way before
final approval clarifying that if all things being equal with applicants, that the city resident is to be highly
considered. On a motion by Gene Teague, seconded by Sharon Brooks Hodge, with the following 3-2 recorded
vote: Teague, aye; Adkins, aye; Hodge, aye; Turner, nay, and Stroud, nay, Council approved the ordinance,
on first reading to repeal the residency requirement:
REPEAL OF RESIDENCY REQUIREMENT
Sec. 2-3. - Residency required for certain employees.
The city manager, the city attorney, the assistant city manager and the head of any department of the city established pursuant to the
Charter, the City Code, or resolution of the city council shall establish residence within the corporate boundaries of the city no later than
twelve (12) months after the commencement of employment and shall thereafter maintain residence within the corporate boundaries of the
city during the term of his or her employment. The city manager may make exceptions to the requirements established hereby when
unusual or extraordinary conditions exist that would constitute a hardship for an applicant. A determination as to whether such employee
resides in the city shall be made by the city manager, with the exception of the city manager's residency, which shall be determined by the
city council. This section shall apply to any new employee and to any existing employee subsequently promoted to an office or position
affected hereby. This section shall not apply to any person employed in an office or position affected hereby if such person was so
employed prior to this section's enactment, nor shall it apply to any person employed by the city at least fifteen (15) years prior to this
section's enactment. Violation of this section shall result in termination of employment.
Repealed. (Ord. No. 2004-17, 10-26-2004)
On a motion by Gene Teague, seconded by Sharon Brooks Hodge, with a 4-1 vote (Turner-nay), Council
approved adopting the resident resolution with modifications adding text to give preference to applicants
living in the city with all things being equal. Eric Monday will have the modified resolution for Council’s
consideration, on second reading, at the next meeting. City Attorney reported that effective July 1, 2013, VA
State law will allow Council Member Hodge to participate remotely at the August 27, 2013 as she will be out
of town on business. Following is the unmodified resolution which was approved on first reading:
WHEREAS, the Council of the City of Martinsville adopted on October 26, 2004 an ordinance amending Section 2-3 of the City Code, requiring
residency within the City for certain employees of the City; and
WHEREAS, Section 2-3 provides that officials subject to the ordinance may be set forth by resolution of the City Council; and
WHEREAS, the City Council has, concurrently with this resolution, voted to repeal that ordinance; now, therefore
BE IT RESOLVED by the City Council of the City of Martinsville Virginia, convened in regular session on August 13, 2013, that its prior
resolution dated October 26, 2004, listing specific offices subject to the residency requirements set forth in Section 2-3 of the City Code is hereby
rescinded.
Staff update on electric issues: Dennis Bowles, Utilities Director, updated Council on the Electric Rate
Stabilization Fund for fiscal year ending June 30, 2013 and the impact the fund has had on the City’s power cost.
Rate Stabilization Plan
Specifics
The plan is based on a 42 month term which began
on July 1, 2012 and continues through December 31,
2015.
The savings accumulating during 2013-2015 are
deposited into an interest bearing trust fund by AMP
on the City’s behalf, through payment of the City’s
monthly power bill.
The accumulating funds are used to maintain a
stabilized monthly power cost of $69.97, as actual
power cost fluctuates above and below the
July 1, 2012 ~ June 30, 2013 stabilized rate.
At plan termination, the remaining fund balance will
be used to repay AMPGS stranded cost.
August 13, 2013
City of Martinsville City of Martinsville
Fiscal Year Rate Summary - Levelized Rates, Sept. 2012 Fiscal Year Rate Summary - Levelized Rates, June 2013
$80
$78.43
$78
$76
$74.51
$73.88
$74
$72
$/MWh $69.97 $69.97 $69.97 $69.97
$70
$68.14
$68
$66
$64
$62
2009 2010 2011 2012* 2013 2014 2015 2016
Fiscal Year
Actuals Projected
*FY 2012 includes actuals for July-Dec 2011 and projected costs for Jan 2012-Jun 2012
*FY 2012 includes actuals for July Dec 2011 and projected costs for Jan 2012 Jun 2012 4
3
City of Martinsville
Actual AMPGS Sunk Cost Repayment Schedule
$1,000,000 $90
Rate Stabilization Fund
$900,000 $80
$800,000 Accumulated Monthly Difference of Distributions Actual
$70 Interest on Actual Funds Projected Funds Actuals vs. from the fund Metered Projected MWH
Deposited Funds for Stab. for Stab. Projections balance Load in MWH Load in MWH Difference
$700,000
$60 Jul-12 $249,422.60 $282,628.00 ($33,205.40) 18,343 20,166 -1,823
Cumulative Cost
$600,000 Aug-12 $221,337.00 $245,764.00 ($24,427.00) 16,450 19,456 -3,006
$50
$/MWh
Sep-12 $65,380.87 $119,341.00 ($53,960.13) 12,908 15,831 -2,923
$500,000
Oct-12 $43.66 $15,142.58 $41,321.00 ($26,178.42) 12,097 14,147 -2,050
$40
$400,000 Nov-12 $71.73 $100,093.20 $113,883.00 ($13,789.80) 14,337 15,170 -833
$30 Dec-12 $113.38 $135,073.14 $206,875.00 ($71,801.86) 15,072 16,923 -1,851
$300,000
Jan-13 $102.45 $36,472.00 $67,873.00 ($31,401.00) 16,401 17,163 -762
$20
$200,000 Feb-13 $89.29 $41,992.64 $82,029.00 ($40,036.36) 15,028 16,336 -1,308
Mar-13 $118.46 -$27,681.12 -$2,292.00 ($25,389.12) ($27,681.12) 15,360 15,476 -116
$100,000 $10
Apr-13 $105.01 -97,253.79 -$43,392.00 ($53,861.79) ($97,253.79) 11,953 14,266 -2,313
$0 $0 May-13 $57.44 $203,381.79 -$24,070.00 $227,451.79 ($96,618.21) 13,026 14,727 -1,701
Jul-12 Sep-12 Nov-12 Jan-13 Mar-13 May-13
Jul-13 Sep-13 Nov-13 Jan-14 Mar-14 May-14
Jul-14 Sep-14 Nov-14 Jan-15 Mar-15 May-15
Jul-15 Sep-15 Nov-15 Jan-16
Jun-13
$701.42 $943,360.91 $1,089,960.00 ($146,599.09) ($221,553.12) 160,975 179,661 -18,686
Cumulative AMP Levelization Trust Fund Balance Levelized Rate Actual Rate
Total Fund Accumulation $944,062.33
*AMPGS Total Sunk Cost 5
expected to be paid from the trust fund at the end of the 42-month term
Benefits of the Plan:
Provides stable rates for customers through FY’13
and for the term of the plan.
Residential rate = $105.60 for 1000 kWh’s
2013 Ranking, 11th lowest in the State, when
compared to the 32 other Municipals, Co-ops
and Investor owned utilities.
Provides stable power cost for FY’13 continuing
through mid-term of FY’16.
Repayment of AMPGS stranded cost at the end
of the plan term.
Options to Increase Fund Balance Conclusions:
1. Monitor the fund balance during FY-’14 to The fund balance is less than projected from the
determine if additional funding requirements onset due to optimistic load projections for FY-
will be needed for the remainder of the term, ’13, the past mild winter & business closings.
July 1, 2014 ~ Dec. 31, 2015.
Based on current projections the fund balance
2. If the fund balance continues to lag initial peak will be approximately $300,000 less than
projections, deposit annual lump sum previous projections.
payments such as was done in FY-’13 to boost
fund balance, based on available funding. Staff recommends no changes to the fund at
3. Extend the fund termination date to allow for this time.
additional fund accumulations based on
recent lower power cost projections for FY-’16.
August 13, 2013
After lengthy Council discussion, Council Member Turner submitted a list of five questions regarding Prairie State
and requested they be answered by AMP. Mayor Adkins asked the City Manager to submit the questions to AMP
for a report back to Council.
Passport fees ordinance second reading: City Attorney, Eric Monday, briefed Council on the ordinance
related to recovery of costs related to passport applications which Council passed on first reading at their last
meeting. On a motion by Gene Teague, seconded by Mark Stroud, with the following 5-0 recorded vote:
Teague, aye; Adkins, aye; Hodge, aye; Turner, aye, and Stroud, aye, Council approved the following ordinance
on second reading:
Consent Agenda: On a motion by Gene Teague, seconded by Sharon Brooks Hodge, with a 5-0 vote,
Council approved the following consent agenda:
BUDGET ADDITIONS FOR 8/13/13
ORG OBJECT DESCRIPTION DEBIT CREDIT
FY13
General Fund:
01100909 490104 Advance/Recovered Costs 4,216
01331108 501300 Sheriff/Corrections - Part-time & Temporary Wages 3,065
01331108 502100 Sheriff/Corrections - Social Security 190
01331108 502110 Sheriff/Corrections - Medicare 44
01331108 506008 Sheriff/Corrections - Vehicle Equipment & Maint. 613
01331110 506200 Sheriff/Annex - Prisoner Allowance 304
Reimbursement from Henry County for litter pickup - Apr 2013 - June 2013
Total General Fund: 4,216 4,216
Before Mayor Adkins called for Business from the Floor, Council Member Danny Turner asked that the
September 9 Neighborhood meeting location be changed to be held at an Uptown restaurant. After Council
discussion, Mayor Adkins asked that Mr. Towarnicki explore pros and cons and come back to Council with a
recommendation.
Business from the Floor: no comments
August 13, 2013
Council comments: Stroud-announced today is his 35th wedding anniversary; Turner-commended
Smith River Fest event coordinators and inquired on status of Uptown Big Chair; Teague-reported citizen
concerns about Greyson St. properties and asked that staff follow up and report back with options and
recommendations, also reported WDBJ television did a good story on the Martinsville High School
renovations; Hodge-reported citizen concerns on Summit & Graves St. properties and she asked that
inspections respond back to person who initiated the concern; Adkins-reported on Martinsville Rotary “urban
art” project with the Uptown picnic tables.
City Manager comments: Mr. Towarnicki reminded Council to submit their registrations for the
October 13-15 VML Conference and he indicated the City of Martinsville may be receiving an award at that
meeting.
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
7:00 pm CLOSED SESSION 7:30 pm regular session
Tuesday, August 13, 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. Consultation with legal counsel and briefings by staff members, attorneys or consultants
pertaining to actual or probable litigation, or other specific legal matters requiring the
provision of legal advice by such counsel, as authorized by Subsection 7.
7:30—Regular Session
Invocation & Pledge to the American Flag-Mayor Kim Adkins
1. Consider approval of minutes of June 25, 2013. (2 mins)
2. Presentation of proclamation recognizing Wigs Unlimited & Cottage Salon for the Hair-4-A Friend
Program. (2 mins)
3. Hear an update from Chris Pope of Martinsville VEC office. (10 mins)
4. Hear an update from M-HC Economic Development Corporation. (10 mins)
5. Hear update on City Electric issues. (15 mins)
6. Consider adoption of resolution of resolution regarding Industrial Revitalization Fund (IRF)-The
Henry Hotel. (5 mins)
7. Consider adoption of resolution and approval, on first reading, of amendment to ordinance relating
to residency requirements for City employees. (5 mins)
8. Consider approval of ordinance, on second reading, regarding recovery of passport fees. (5 mins)
9. Consider approval of ordinance, on second reading, regarding unlawful sewer/water discharges. (5
mins)
10. Consider approval of consent agenda. (2 mins)
11. 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.
12. Comments by members of City Council. (5 minutes)
13. Comments by City Manager. (5 minutes)
City Council
Agenda Summary
Meeting Date: August 13, 2013
Item No: 1.
Department: Clerk of Council
Issue: Consider approval of minutes of City Council meeting
June 25, 2013.
Summary: None
Attachments: June 25, 2013
Recommendations: Motion to approve minutes as presented
June 25, 2013
The regular meeting of the Council of the City of Martinsville, Virginia, was held on June 25, 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: Leon Towarnicki, City Manager,
Brenda Prillaman, Eric Monday, Linda Conover, Eddie Cassidy, Dennis Bowles, and Mike Rogers.
Mayor Adkins called the meeting to order and advised Council will go into Closed Session. In
accordance with Section 2.1-344 (A) of the Code of Virginia (1950, and as amended) and upon a motion by
Gene Teague, seconded by 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) 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. Council then returned to open
session and Mayor Adkins advised Closed Session is recessed until end of meeting.
Following the invocation by Mayor Adkins and Pledge to the American Flag, the Mayor welcomed
everyone to the meeting.
Action taken on Board appointments:
School Board: A motion was made by Gene Teague, seconded by Danny Turner, with a 4-1 vote
(Hodge-nay), to appoint Rives Coleman, 603 Mulberry Rd., to a 3 year term ending 6/30/2016.
Piedmont Community Services Board: A motion was made by Sharon Brooks Hodge, seconded by
Danny Turner, with a 5-0 vote, to re-appoint Mark Stroud to a 3 year term ending 6/30/2016.
Council Comments on School Board appointment: Teague-with so many qualified candidates, it was
a tough decision; Stroud-echoed Mr. Teague’s comments and it was very difficult; Turner-it was a hard
decision and he encouraged applicants to apply for other positions; Hodge-some of the other candidates would
have helped us serve populations we don’t already serve; Adkins-encouraged applicants to apply for other
vacancies.
Minutes: On a motion by Gene Teague, seconded by Mark Stroud, with a 5-0 vote, Council approved
the minutes of the April 24, 2013, April 25, 2013, and May 2, 2013 meetings.
Update from Dr. Boaz on proposed medical school: Dr. Noel Boaz, founder and president of the
Integrative Centers for Science and Medicine briefed Council on the progress made on the development of the
College of Henricoplis School of Medicine in Martinsville. He reported with their aggressive timetable, plans
are to open the medical school in September 2015.
Workforce Investment Board quarterly report: Lisa Fultz, the new Executive Director, briefed Council
on activities and programs of the WIB.
Amended Electric Terms and Conditions: Dennis Bowles presented the following information to
Council regarding Time of Day Rate and Returned Checks and Bank Draft additions to the City’s Electric
Terms and Conditions: (1)A Time of Day (TOD) rate is an electric rate that varies according to the time of day
and staff recommends the implementation of a TOD rate on experimental basis to assess the impact to system
June 25, 2013
load and revenue generated from the schedule for a small sampling of potential new customer base load. The
rate may offer some energy savings over the Medium General Service Rate for new customers where power
consumption for the facility mainly occurs after the on-peak hours of the day, usually before 7:00AM and
after 8:00PM; (2)A fee of $20 is currently assessed for returned checks or debit bills returned for insufficient
funds related to Direct Payments by bank draft. In order to more adequately recover cost associated with
returned checks and returned debit bills, staff recommends paralleling the Commonwealth of Virginia’s
returned check fee presently set at of $50.00 as allowed by the Code of Virginia Section 15.2-106 as follows: § 15.2-106.
Ordinances providing fee for passing bad checks to localities. Any locality may by ordinance provide for a fee, not exceeding $50, for the uttering, publishing or
passing of any check, draft, or order for payment of taxes or any other sums due, which is subsequently returned for insufficient funds or because there is no account or
the account has been closed, or because such check, draft, or order was returned because of a stop-payment order placed in bad faith on the check, draft, or order by
the drawer. After discussion, a motion was made by Gene Teague, seconded by Mark Stroud, to establish Time of
Day rate as presented and motion passed with 5-0 vote. Danny Turner made a motion to make the returned
check fee $20 which was seconded by Sharon Hodge. An amended motion was made by Gene Teague,
seconded by Mark Stroud, to increase returned check fee to $35.00. The amended motion passed with a 3-2
vote (Hodge and Turner voting nay).
Resolutions regarding VRS contributions: Mr. Towarnicki briefed Council on the resolution required by
VRS confirming the City’s decision to require full-time VRS-covered employees to provide a 1% employee
contribution to VRS, offset by a 1% pay increase to employees effective July 1, 2013. In FY13, it was decided to
implement the required 5% VRS employee contribution by phasing in 1% increments over a 5 year period with
FY14 being the second year of the implementation schedule. On a motion by Gene Teague, seconded by Danny
Turner, with a 5-0 vote, the resolution was approved:
Special Events Itinerant Merchant BPOL issue: Mayor Adkins advised this agenda item has been
withdrawn from the agenda.
June 25, 2013
VML 2013 Policy Committee nominations: Council agreed on the following nominations to submit to
the Virginia Municipal League for the 2013 Policy Committees with Mr. Turner asking to be excluded as he
does not agree with VML policy:
Community & Economic Development-Kim Adkins, Mayor
Environmental Quality-Eric Monday, City Attorney
Finance-Leon Towarnicki, City Manager
General Laws-Gene Teague, Vice Mayor
Human Development & Education-Mark Stroud, Council Member
Transportation-Sharon Brooks Hodge, Council Member
Consent agenda: On a motion by Gene Teague, seconded by Sharon Brooks Hodge, with a 5-0 vote,
Council approved the following consent agenda:
BUDGET ADDITIONS FOR 6/25/13
ORG OBJECT DESCRIPTION DEBIT CREDIT
FY13
General Fund:
01100909 490104 Advance/Recovered Costs 7,500
01221082 501300 Commonwealth's Attorney - Part-time/Temporary Wages 3,000
01122028 501300 Communications - Part-time/Temporary Wages 3,000
01814243 501300 Planning & Zoning - Part-time/Temporary Wages 1,500
Funds from NCI for summer interns
Total General Fund: 7,500 7,500
Capital Reserve Fund:
16100909 490104 Advance/Recovered Costs 15,000
16577367 508132 Physical Plant Expansion - Hooker Field 15,000
New scoreboard @ Hooker Field
Total Capital Reserve Fund: 15,000 15,000
Business from floor: Ural Harris, 217 Stuart St.: 1.commented on need for AMP to address Council on
electric issues and take questions from public 2.Commonwealth Crossing permit comments.
Council comments: Turner-1.reminders about July 4th events 2.reported citizen concerns about a
noisy Southside event held at PYSL field; Stroud-1.regrets on several events he missed due to his vacation
2.voiced citizen concerns he had heard about the noisy event in Southside area 3.reported on Patrick Henry
Ham Radio Association event; Teague-1.voiced citizen concerns he had received regarding the noisy event at
Southside field 2.reported he missed the last Council meeting due to a work commitment.
Closed Session: Mayor Adkins recessed the regular meeting and Council re-convened Closed Session
at 9:00PM. At the conclusion of Closed Session, each returning member of Council certified that (1) only
public business matters exempt from open meeting requirements were discussed in said Closed Session; and
(2) only those business matters identified in the motion convening the Closed Session were heard, discussed,
or considered during Session. On a motion by Gene Teague, seconded by Danny Turner, with the following
recorded 5-0 vote: Adkins, aye; Teague, aye; Stroud, aye; Hodge, aye; and Turner, aye, Council returned to
Open Session. There being no further business, the meeting adjourned at 10:11pm.
_______________________________ __________________________
Brenda Prillaman Kim Adkins
Clerk of Council Mayor
City Council
Agenda Summary
Meeting Date: August 13, 2013
Item No: 2.
Department: City Council
Issue: Presentation of proclamation to Wigs Unlimited regarding their
Hair 4-A Friend program.
Summary: Ella Mae Wickham, owner of Wigs Unlimited, will be present to
accept the proclamation.
Attachments: Proclamation
Recommendations: Presentation only
Proclamation
In Recognition of
HAIR 4-A FRIEND PROJECT
WHEREAS, Wigs Unlimited & Cottage Salon of 117 Broad Street
in the City of Martinsville recognizes the increasing need for
female cancer victims to have access for hair loss replacement
options due to the trauma of cancer medications and treatments;
WHEREAS, Ella Mae Wickham, owner of Wigs Unlimited &
Cottage Salon, is a cancer survivor who wants to give back to the
community and assist other female cancer victims in obtaining
wigs to encourage and support them as they fight cancer; and
WHEREAS, the Hair 4-A Friend project fundraiser will help raise
funds to assist those whose insurance will not cover the cost of a
wig due to hair loss from cancer treatments; and
WHEREAS, a Zumbathon was held on July 13, 2013 at Wigs
Unlimited & Cottage Salon and over $800 was raised for the Hair
4-A Friend project to help defray costs for wigs for female cancer
victims.
NOW THEREFORE, BE IT RESOLVED, that I, Kim E. Adkins,
Mayor of the City of Martinsville, along with City Council, do
hereby express our appreciation of the fundraising efforts of Wigs
Unlimited & Cottage Salon with the Hair 4-A Friend project in the
City of Martinsville.
Kim E. Adkins
Mayor
City Council
Agenda Summary
Meeting Date: August 13, 2013
Item No: 3.
Department: City Council
Issue: Hear an update from the Chris Pope, Office Manager,
Martinsville VA Employment Commission.
Summary: Chris Pope will give this update regarding local unemployment
rate, how the rate is derived and efforts to improve employment
opportunities in the community.
Attachments: None
Recommendations: No action required
City Council
Agenda Summary
Meeting Date: August 13, 2013
Item No: 4.
Department: City Council
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: August 13, 2013
Item No: 5.
Department: Electric
Issue: Review of the Electric Rate Stabilization Fund and Corresponding
Power Cost ending FY13.
Summary:
Staff will provide an update on the Electric Rate Stabilization Fund for fiscal year
ending June 30, 2013 and review the impact the fund has had on the City’s power
cost.
Attachments: None
Recommendations: No action. For information only.
City Council
Agenda Summary
Meeting Date: August 13, 2013
Item No: 6.
Department: Community Development
Issue: Consider adoption of resolution regarding Industrial
Revitalization Fund (IRF) – The Henry Hotel
Summary: This is the latest round of funding under the Industrial
Revitalization Fund (IRF), administered by the Department of Housing &
Community Development for the Henry Hotel which requires approval of City
Council.
Attachments: Resolution
Recommendations: Authorize staff to submit IRF application with a motion
adopting the attached resolution.
City of Martinsville
Resolution
WHEREAS, the City of Martinsville is the owner of record of the historic “Henry Hotel Building”, located on 50
East Church Street in Uptown Martinsville, and;
WHEREAS, building was purchased by the City of Martinsville to both preserve the historic structure and to
make the building available for redevelopment, and to be a catalyst for new investment in the Uptown area, and;
WHEREAS, the purchase price for the “Henry Hotel Building” was a total of $425,000, with a cash payment of
$95,000 and the balance in the form of a loan from The Harvest Foundation(for $330,000), and;
WHEREAS, The Harvest Foundation has forgiven the loan of $330,000, as an expression of its support of this
project, and;
WHEREAS, The City of Martinsville desires to work with Waukeshaw Development, Incorporated, toward the
renovation of the Henry Hotel Building and is willing to transfer the ownership of the building for the sum of
$1.00, and;
WHEREAS, the analysis by Phoenix CDC, followed by a subsequent analysis by Waukeshaw Development,
Incorporated, that was contracted by Martinsville Uptown Revitalization Association, shows that it is feasible to
renovate the building from a physical standpoint, it would not be economically feasible to renovate the building
without the use of both various Tax Credit programs and other Grants to fill the financial gaps caused by the
local economic conditions, and;
WHEREAS, considering the City’s previous purchase of the building and have spent an additional $233,000
toward maintenance of the building and together bring the current local funds committed to the renovation
project totaling $658,000, and;
WHEREAS, this amount meets the minimum required local matching funds for an “2013 Industrial
Revitalization Fund (IRF) Grant” at the maximum grant amount of $600,000, now then;
HEREBY BE IT RESOLVED, that the City Council of the City of Martinsville, does hereby authorize the City Staff
to prepare and submit on behalf of the City of Martinsville a “2013 Industrial Revitalization Fund (IRF) Grant
Application” to the Virginia Department of Housing and Community Development (DHCD) to request funding for
the renovation of the Henry Hotel Building which is owned by the City of Martinsville. Such grant request to total
$600,000, and
BE IT ALSO RESOLVED, that if approved by DHCD, the IRF Grant Funds would be used to financially assist in
the physical renovation of the Henry Hotel Building, the total renovation cost currently estimated to be over $3.4
million, with Waukeshaw Development, Incorporated, a for – profit organization , incorporated in the
Commonwealth of Virginia, serving as the Project Developer.
This Resolution was read and approved by majority vote of the City Council of the City of Martinsville, at its
Council meeting, held on the Thirteenth (13th) Day of August in the Year 2013, and recognized by the Authorized
Signature(s) below:
____________________________________
Signature of Authorized Official
Attest:
_______________________________________
Brenda Prillaman, Clerk of Council
City Council
Agenda Summary
Date: August 13, 2013
Item No: 7.
Department: City Manager, City Attorney
Issue: Consider adoption of resolution and approval, on first reading,
of repeal of ordinance relating to residency requirements for City employees.
Summary: Staff recommends that the residency requirements for department
heads be repealed, as set forth in the attached ordinance (deletions in
strikethrough, additions in italicized underlined.
The attached resolution rescinds an earlier resolution listing particular offices
subject to the requirement.
Council may wish to add or delete particular offices.
Attachments: Ordinance and Resolution
Recommendations: Motion to adopt ordinance on first reading with a roll
call vote.
Motion to approve resolution on voice vote.
CITY OF MARTINSVILLE, VIRGINIA
ORDINANCE NO. 2013-7
REPEAL OF RESIDENCY REQUIREMENT
BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in regular session assembled on
August 27, 2013, that section 2-3 of the Code of the City of Martinsville, be repealed:
Sec. 2-3. - Residency required for certain employees.
The city manager, the city attorney, the assistant city manager and the head of any department
of the city established pursuant to the Charter, the City Code, or resolution of the city council shall
establish residence within the corporate boundaries of the city no later than twelve (12) months after
the commencement of employment and shall thereafter maintain residence within the corporate
boundaries of the city during the term of his or her employment. The city manager may make
exceptions to the requirements established hereby when unusual or extraordinary conditions exist that
would constitute a hardship for an applicant. A determination as to whether such employee resides in
the city shall be made by the city manager, with the exception of the city manager's residency, which
shall be determined by the city council. This section shall apply to any new employee and to any
existing employee subsequently promoted to an office or position affected hereby. This section shall
not apply to any person employed in an office or position affected hereby if such person was so
employed prior to this section's enactment, nor shall it apply to any person employed by the city at
least fifteen (15) years prior to this section's enactment. Violation of this section shall result in
termination of employment.
Repealed.
(Ord. No. 2004-17, 10-26-2004)
*********
Attest:
________________________________
Brenda Prillaman, Clerk of Council
_______________ _______________
Date Adopted Date Effective
RESOLUTION
WHEREAS, the Council of the City of Martinsville adopted on October 26, 2004 an
ordinance amending Section 2-3 of the City Code, requiring residency within the City for
certain employees of the City; and
WHEREAS, Section 2-3 provides that officials subject to the ordinance may be set forth
by resolution of the City Council; and
WHEREAS, the City Council has, concurrently with this resolution, voted to repeal that
ordinance; now, therefore
BE IT RESOLVED by the City Council of the City of Martinsville Virginia, convened
in regular session on August 13, 2013, that its prior resolution dated October 26, 2004,
listing specific offices subject to the residency requirements set forth in Section 2-3 of the
City Code is hereby rescinded.
* * * * * * *
Attest:
_______________________________
Brenda Prillaman, Clerk of Council
_______________________________
Date Adopted
City Council
Agenda Summary
Date: August 13, 2013
Item No: 8.
Department: Clerk of Circuit Court, City Attorney
Issue: Consider approval of ordinance, on second reading, regarding
recovery of passport fees.
Summary: The Clerk of the Circuit Court processes applications for
passports as a Passport Agent for the State Department. He remits all
application and processing fees set by the Department of State for processing
the applications to the Commonwealth, but is allowed to reimburse the City
for passport application mailing costs. He also takes and processes passport
photographs. Although authority to process passport applications is
recognized and allowed by the Commonwealth of Virginia, the state
appropriates no funding for this activity; the City supports this activity
financially, under authority of Code of Virginia section 15.2-1656, by
furnishing supplies and equipment to accomplish this purpose. The Clerk
recommends that an ordinance be adopted to ensure these funds remain with
the City and are not intercepted and redirected to the Commonwealth.
Attachments: Draft ordinance and fiscal impact statement
Recommended Action: Motion to approve on second reading with a
roll call vote.
CITY OF MARTINSVILLE, VIRGINIA
ORDINANCE NO. 2013-5
RECOVERY OF COSTS RELATED TO PASSPORT APPLICATIONS
BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in regular session assembled on
August 13, 2013, that section 2-27 of the Code of the City of Martinsville, currently reserved, is amended
to read as follows:
2-27. Recovery of Costs Related to Passport Applications.
The Clerk of Martinsville Circuit Court is authorized:
(1) To collect a Passport Photo Fee of $15 from every passport applicant who requests photograph
services; and
(2) To assess and collect passport application mailing costs; and
(3) To pay the fees and recovered costs monthly to the Treasurer of the City of Martinsville.
Should Passport Agent authority of the Office of the Clerk of Martinsville Circuit Court be removed or
suspended, either temporarily or permanently, by the United States Department of State, the Clerk shall
immediately notify the Martinsville City Manager. Collections of revenue authorized by this Section shall
cease during any period of removal or suspension, and shall immediately resume upon re-authorization of
the Office of the Clerk of Martinsville Circuit Court as Passport Agent.
State code reference: Code of Virginia § 15.2-1656
*********
Attest:
________________________________
Brenda Prillaman, Clerk of Council
_______________ _______________
Date Adopted Date Effective
FISCAL IMPACT STATEMENT
Title: Recovery of Costs Related to Passport Applications
Summary/Purpose:
The purpose of this ordinance is to authorize the Clerk of Circuit Court to reimburse the City of
Martinsville for its financial support in processing passport applications.
In furtherance of its duties as a Passport Agent for the United States Department of State, the Clerk’s
Office incurs two expenses that are funded solely by support from the City of Martinsville: (1) passport
application mailing costs, and (2) passport photography.
Passport Application Mailing Costs:
Since October 1, 2009, the Clerk has been authorized by the Commonwealth of Virginia to reimburse the
locality for passport application mailing costs. By this Ordinance, this reimbursement authority is
recognized and a procedure is authorized to remit this revenue to the City Treasurer.
Passport Photography:
Since March 2010, the Clerk’s Office has been authorized by the Department of State to take passport
photographs, a requirement for every application. This photography requires special camera equipment,
unique software and photography supplies. The Commonwealth of Virginia requires the Clerk’s Office
to pay all agent fees to the state, but (other than reimbursement for mailing costs) it appropriates no
financial support for passport processing. Pursuant to Code of Virginia § 15.2-1656, cost funding for
passport photography is funded exclusively by the City of Martinsville. By this Ordinance, a fee is
established in an amount sufficient to recover the cost of photography supplies and camera
maintenance, and authorizes a procedure to remit this revenue to the City Treasurer.
Fiscal Implications:
Passport Application Mailing Costs:
The amount of costs recovered depends on the number of passport applications processed. The Clerk’s
Office estimates approximately $800 in recaptured costs for FY2013-14.
Passport Photography:
The amount of cost recapture depends on the number of applicants who request photography services.
The Clerk’s Office estimates approximately $4,000 in fees for FY2013-14.
Affected Departments: Circuit Court Clerk’s Office
Effective Date: Upon adoption by City Council.
This revenue is currently being collected as indicated above. This Ordinance establishes the grounds for
the collection and confirms the collection procedure.
City Council
Agenda Summary
Date: August 13, 2013
Item No: 9.
Department: City Attorney
Issue: Consider approval of ordinance, on second reading, regarding
unlawful sewer / water discharges.
Summary: An issue has arisen concerning discharge of commercial car
wash water into City streets and stormwater systems. The existing ordinance
is too vague to be enforceable. An attempt to resolve the issue short of
legislation has been unsuccessful. Discussions with Director of the Water
Department indicated that an expansion of the existing ordinance to protect
the stormwater system more generally would be appropriate.
Attachments: Draft ordinance
Recommended Action: Consider approval of ordinance, on second
reading, with a roll call vote.
CITY OF MARTINSVILLE, VIRGINIA
ORDINANCE NO. 2013-6
UNLAWFUL DISPOSAL OF SEWAGE AND WASTE WATER
BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in regular session assembled on
August 13, 2013, that section 23-3 of the Code of the City of Martinsville, currently reserved, is amended
to read as follows:
Sec. 23-3. - Unlawful disposal of sewage and waste water.
A. No person shall make use of any vacant lot, or any building or structure without toilet facilities, for
the disposal of human wastes, and no person shall make like use of any street, sidewalk or public or
private alley. No wash water or other waste water producing or likely to produce an offensive odor
shall be emptied so as to flow upon any paved alley, sidewalk street in the city at any time.
B. It shall be unlawful and a violation of this section to:
(1)
Cause or allow any illicit discharge to the city's storm sewer system;
(2)
Cause or allow any illicit connection to the city's storm sewer system; or
(3)
Violate any condition or provision of this section, or any permit or approval granted
to allow any stormwater discharges to the city's storm sewer system.
C.
The following activities shall not be considered illicit discharges:
(1)
Water line flushing;
(2)
Landscape irrigation;
(3)
Diverting stream flows or rising groundwater, or infiltration of uncontaminated
groundwater;
(4)
Public safety activities, including, but not limited to, law enforcement and fire
suppression;
(5)
Pumping of uncontaminated groundwater from potable water sources, foundation
drains, irrigation waters, springs, or water from crawl spaces or footing drains;
(6)
Lawn watering;
(7)
Individual car washing on residential properties;
(8)
De-chlorinated swimming pool discharges (less than 1 PPM chlorine);
(9)
Street washing;
(10)
Any activity authorized by a valid National Pollutant Discharge Elimination System
(NPDES) permit, waiver or discharge order, a Virginia Pollutant Discharge
Elimination System (VPDES) permit, waiver or discharge order, or a Virginia
Pollution Abatement (VPA) permit;
(11)
Any activity by a governmental entity in accordance with federal, state, and local
regulations and standards for the maintenance or repair of drinking water reservoirs
or drinking water treatment or distribution systems; and
(12)
Any activity by the city, its employees and agents, in accordance with federal, state
and local regulations and standards, for the maintenance of any component of its
stormwater management system.
(13)
Discharges specified in writing by the City Manager or his designee as being
necessary to protect public health and safety.
(14)
Dye testing, following notification to the City Manager or his designee.
D.
If any of the activities listed in subsection (b), above, of this section are found to be sources of
pollutants to public waters, the City Manager or his designee shall so notify the person
performing such activities and shall order that such activities be stopped or conducted in
such manner as to avoid the discharge of pollutants into such waters. The failure to comply
with any such order shall be unlawful and a Class 1 misdemeanor.
(Code 1971, § 17-2)
*********
Attest:
________________________________
Brenda Prillaman, Clerk of Council
_______________ _______________
Date Adopted Date Effective
City Council
Agenda Summary
Meeting Date: August 13, 2013
Item No: 10.
Department: Finance
Issue: Consider approval of consent agenda
Summary:
The attachments amend the FY13 Budget with appropriations in the following
funds:
FY13:
General Fund: $4,216 – Reimbursements
Attachments: Consent Agenda - 8-13-13.xls
Recommendations: Motion to approve
BUDGET ADDITIONS FOR 8/13/13
ORG OBJECT DESCRIPTION DEBIT CREDIT
FY13
General Fund:
01100909 490104 Advance/Recovered Costs 4,216
01331108 501300 Sheriff/Corrections - Part-time & Temporary Wages 3,065
01331108 502100 Sheriff/Corrections - Social Security 190
01331108 502110 Sheriff/Corrections - Medicare 44
01331108 506008 Sheriff/Corrections - Vehicle Equipment & Maint. 613
01331110 506200 Sheriff/Annex - Prisoner Allowance 304
Reimbursement from Henry County for litter pickup - Apr 2013 - June 2013
Total General Fund: 4,216 4,216
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