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City Council

Regular Meeting

Martinsville, VA · August 13, 2013

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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Flag, the Mayor welcomed everyone to the meeting and advised that agenda item #9 regarding water discharges is being withdrawn.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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