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City Council

Regular Meeting

Martinsville, VA · September 10, 2013

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Minutes

September 10, 2013 The regular meeting of the Council of the City of Martinsville, Virginia, was held on September 10, 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 and Eddie Cassady. 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 Sharon Brooks Hodge, seconded by Gene Teague, 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 matters: (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. (B) Appointments to boards and commissions as authorized by Subsection 1. At the conclusion of Closed Session, each returning member of Council certified that (1) only public business matters exempt from open meeting requirements were discussed in said Closed Session; and (2) only those business matters identified in the motion convening the Closed Session were heard, discussed, or considered during Session. On a motion by 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. Board appointment action taken: On a motion by Mark Stroud, seconded by Sharon Brooks Hodge, with a 5-0 vote, Council re-appointed Elizabeth Moore, 915 Corn Tassel Trail, to an unexpired term on the Architectural Review Board ending 3/31/15. Following the invocation by Council Member Stroud and Pledge to the American Flag, the Mayor welcomed everyone to the meeting and advised that a proclamation addendum has been added and there will be an adjustment in the agenda order delaying Mr. Heath’s EDC report. Minutes: On a motion by Sharon Brooks Hodge, seconded by Mark Stroud, with a 5-0 vote, Council approved the minutes of the July 23, 2013 and August 13, 2013 meetings. Addendum-Proclamation: Mayor Adkins presented a proclamation recognizing September 17-23, 2013 as Constitution Week. Overview of Council’s Neighborhood Tour and Meeting: Mayor Adkins presented a brief overview of the Sept. 9, 2013 Council tour of Uptown/Druid Hills areas and the Neighborhood meeting held at the School Board Administrative Office. Citizen comments included demolitions, graffiti, NCI positive impacts, cultural activities Uptown, and inquiries related to City budget. Carlisle School update: Tommy Hudgins, new Headmaster at Carlisle School, was introduced by City Attorney Eric Monday. Mr. Hudgins updated Council on current and future activities at Carlisle and emphasized what an asset the school is to the community. Arts & Cultural Committee ordinance, first reading: City Attorney Eric Monday briefed Council on the need for the ordinance increasing the number of members serving on the City’s advisory Arts & Cultural Committee from five to eleven. Staff recommended that to get a broad spectrum of input from the various arts and cultural entities in the community regarding Arts & Culutrual related issues, that 11 members be able to serve on the committee. On a motion by Gene Teague, seconded by Mark Stroud, with the following recorded 5-0 vote: September 10, 2013 Adkins, aye; Teague, aye; Stroud, aye; and Hodge, aye; Turner, aye, Council approved the proposed ordinance on first reading: Sec. 2-126. Purpose. The City of Martinsville finds that the continued development and success of its downtown commercial district and surrounding area requires incentives, and determines that the most appropriate method of offering incentives for the area described is to create an Arts and Cultural District in that area, as authorized by Section 15.2-1129.1 of the Code of Virginia. The City believes that the establishment of an Arts and Cultural District will improve the economic conditions of this geographic area located in the central business district portion and corridors to the central business district, which could, in turn, benefit the welfare of the citizens of Martinsville. An advisory Arts and Cultural Committee, consisting of five eleven members appointed by City Council for staggered three year terms, shall suggest the direction and purpose of the district. Staff update on Uptown promotional video: City Manager Leon Towarnicki briefed Council on the activites of the group of working toward promoting the Uptown area and showed Council the 10 minute video produced by the group. He advised that MURA is taking the lead on distribution of the video for trade shows and community development and copies are to be available on flash drives. Resolution for shell building construction at Patriot Centre Lot 8: City Manager Leon Towarnicki briefed Council on the recommendation regarding the construction of a shell building on Lot 8 in the Patriot Centre. With the recent sale of the only remaining shell building in the Patriot Centre Industrial Park, the Martinsville-Henry County EDC recommended at the January 22, 2013 Council meeting that consideration be given to developing another shell building on Lot 8 to help with recruitment of industry to this area. Council voted to participate in the project with a 4-1 vote at that meeting. The proposed project is being developed under the revenue sharing agreement between Henry County and the City and the proposed Resolution commits the City to its share of the financial obligations related to the project. The recommendation to Council is to consider adoption of a Resolution authorizing the execution of an agreement providing for the obligations of the City to consider certain appropriations to the Industrial Development Authority of Henry County, Virginia and Henry County, Virginia to finance the construction of a shell building for economic development purposes at the Patriot Centre Industrial Park. Mark Heath of the M-HC Economic Development Corporation also presented details noting the interest rate will be 1.95%. After Council discussion, a motion was made by Gene Teague, seconded by Mark Stroud, to authorize the City Manager to execute the agreement with the approved resolution reflecting the 1.95% interest rate as discussed. The following resolution was approved by Council with a 5-0 vote: September 10, 2013 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 9/10/13 ORG OBJECT DESCRIPTION DEBIT CREDIT FY13 General Fund: 01101917 442701 Categorical Other State - Fire Programs Fund 4,168 01321102 506110 Fire Department - Fire Programs 4,168 additional funding rec'd from state 01102926 436427 Categorical Federal - Org Crime/Drug Enf Task Force 373 01311085 501219 Police Dept - OCDETF Overtime 373 Grant funding Total General Fund: 4,541 4,541 BUDGET ADDITIONS FOR 9/10/13 ORG OBJECT DESCRIPTION DEBIT CREDIT FY14 General Fund: 01100909 490104 Advance/Recovered Costs 625 01321102 506130 Fire Dept. - Repair/Maint - Burn Building 300 01321102 503171 Fire Dept. - Repair/Maint - Burn Building - Labor 125 01321102 505500 Fire Dept. - Travel & Training 200 Reimbursement from Stuart VFD 01100908 480412 Donations - Sheriff Dept 1,500 01331110 506104 Sheriff-Jail Annex - Non-capital Equipment 1,500 Private Donation Total General Fund: 2,125 2,125 School Fund: 18102926 404818 Categorical Federal - Perkins Voc Ed 54,180 73101100 563000 High School Vocational Ed - Purchased Services 1,000 73101100 565503 High School Vocational Ed - Travel 11,000 73101100 566000 High School Vocational Ed - Materials 42,180 11001100 561120 Instructional S&W 41,086 11001100 562100 Social Security 2,548 11001100 562150 Medicare 596 11001100 562210 Retirement 4,791 11001100 562400 State Life 489 11001100 562520 LTD 35 11001100 562750 RHCC 455 18101918 480303 State Grants - Plugged In VA 28,000 87301310 561120 Instructional S&W 26,010 87301310 562100 Social Security 1,613 87301310 562150 Medicare 377 18101918 402032 State Grants - ISAEP 1,701 72201100 561620 Capital Outlay Additions 1,580 72201100 562100 Social Security 98 72201100 562150 Medicare 23 September 10, 2013 18101918 404182 State Grants - Project Graduation Summer Academy 14,266 71501100 561120 Instructional S&W 12,690 71501100 562100 Social Security 787 71501100 562150 Medicare 184 71501100 562800 Miscellaneous 605 18101918 480303 State Grants - iReady Grant 8,500 11001100 566040 Software and Online Content 8,500 Total School Fund: 156,647 156,647 Federal School Programs Fund: 20102926 417348 Categorical Federal - Title 6B Spec Ed Preschool 5,702 86611100 561120 Title 6B Preschool - Instructional S&W 5,000 86611100 562100 Title 6B Preschool - Social Security 310 86611100 562150 Title 6B Preschool - Medicare 73 86611100 566013 Title 6B Preschool - Materials & Supplies 319 20102926 402748 Categorical Federal - Title 6B IDEA Spec Ed 500,131 86511100 561120 Title 6B Special Ed - Instructional S&W 147,307 86511100 561151 Title 6B Special Ed - Instructional S&W Aide 209,176 86511100 562100 Title 6B Special Ed - Social Security 22,102 86511100 562150 Title 6B Special Ed - Medicare 5,169 86511100 562210 Title 6B Special Ed - Retirement 41,566 86511100 562300 Title 6B Special Ed - Insurance 40,592 86511100 562400 Title 6B Special Ed - Life Insurance 4,242 86511100 562520 Title 6B Special Ed - Disability 452 86511100 562750 Title 6B Special Ed - Retirement Credit 3,957 86511100 563140 Title 6B Special Ed - Purchased Services 19,000 86511100 565503 Title 6B Special Ed - Travel 1,000 86511100 566013 Title 6B Special Ed - Materials & Supplies 5,568 Total Federal School Programs Fund: 505,833 505,833 Business from the Floor: (1) Ural Harris, 217 Stuart St., commented on AMP projects. Mayor Adkins asked that both handouts from Mr. Harris be a part of the meeting minutes and pointed out that Council agreed at the last meeting that there will be regular quarterly updates on the utilities and other enterprise funds to avoid covering same utility information at each meeting. Mr. Turner also asked that Council be sent copies of the Chicago Tribune article referenced in his comments. September 10, 2013 (2) Timothy Downey, 1001 Indian Trail-asked for a Children At Play sign on Beverly Way. City staff was directed to refer this issue to the Transportation Safety Commission for options regarding signage for Children at Play on city streets making the policy consistent across the city. City Attorney Eric Monday said state law does not allow children to play in street. (3) Bobby Phillips, City Safety Officer, reported the City has been awarded the grant for the public warning devices to install 8 sirens throughout the city. (4) Chad Martin thanked Mayor for her involvement in the picnic table project, thanked police officers and Councilman Turner for their participation in the softball event, and invited Council to the Give Back event set for the 21st. Council comments: Stroud-thanked city staff for addressing sidewalk issue at the Southside car wash; good news regarding public warning systems, and he reported on 9/11 facts and asked that all citizens always remember September 11. Turner-questions on utility hookup policy and commended all those working on Uptown activities. Adkins-voiced her concerns about the BPOL tax elimination and asked Council to consider a resolution to be sent to legislators asking that the BPOL tax not be eliminated. Council Members September 10, 2013 Hodge and Turner were not in favor of opposition to the elimination of the tax. Vice Mayor Teague and Council Member Stroud support the Mayor in preparing the resolution to be sent to state legislators. Mayor Adkins will prepare the resolution for consideration at the next meeting. City Manager comments: Mr. Towarnicki: (1) reported the City will receive an award from VML for the Depot Street project and commended Susan McCulloch for her work on the project (2) shared information on City employee blood drive and neighborhood clean ups scheduled (3) advised that the City and County will work together on the Veterans Award this year (4) reported on successful recent events Uptown and the first night fishing event held at the City reservoir. City Attorney Eric Monday gave historical information on the establishment of the BPOL tax and advised he serves on the Board at Carlisle School and noted that what the school achieves is done for half the cost of the going market rate for private education in Virginia and North Carolina and the school was recognized in the Virginia Living magazine as one of the best private schools. There being no further business, the meeting adjourned at 9:35 pm. _______________________________ __________________________ 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, September 10, 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. B. Appointments to boards and commissions as authorized by Subsection 1. 7:30—Regular Session Invocation & Pledge to the American Flag-Council Member Stroud 1. Consider approval of minutes of July 23, 2013 and August 13, 2013. (2 mins) 2. Hear an overview of Council’s September 9, 2013 Neighborhood meeting. (5 mins) 3. Introduction and comments from Tommy Hudgins, new Headmaster at Carlisle School. (5 mins) 4. Consider approval, on first reading, of an ordinance related to increasing number of members serving on the City’s advisory Arts & Cultural Committee from five to eleven. (5 mins) 5. Consider adoption of a Resolution authorizing the execution of an agreement providing for the obligations of the City to consider certain appropriations to the Industrial Development Authority of Henry County, VA and to Henry County, VA to finance the construction of a shell building for economic development purposes at the Patriot Centre Industrial Park. (15 mins) 6. Hear a staff update on a recently completed project involving the City and Martinsville Uptown related to promoting the Uptown area as a place to shop, visit, live, and develop or expand a business. (15 mins) 7. Consider approval of consent agenda. (2 mins) 8. Business from the Floor This section of the Council meeting provides citizens the opportunity to discuss matters, which are not listed on the printed agenda. In that the Council meetings are broadcast on Martinsville Government Television, the City Council is responsible for the content of the programming. Thus, any person wishing to bring a matter to Council’s attention under this Section of the agenda should: (1) come to the podium and state name and address; (2) state the matter that they wish to discuss and what action they would like for Council to take; (3) limit remarks to five minutes; (4) refrain from making any personal references or accusations of a factually false and/or malicious nature. Persons who violate these guidelines will be ruled out of order by the presiding officer and will be asked to leave the podium. Persons who refuse to comply with the direction of the presiding officer may be removed from the chambers. 9. Comments by members of City Council. (5 minutes) 10. Comments by City Manager. (5 minutes) City Council Agenda Summary Meeting Date: September 10, 2013 Item No: 1. Department: Clerk of Council Issue: Consider approval of minutes of City Council meeting July 23, 2013 and August 13, 2013. Summary: None Attachments: July 23, 2013 August 13, 2013 Recommendations: Motion to approve minutes as presented July 23, 2013 The regular meeting of the Council of the City of Martinsville, Virginia, was held on July 23, 2013, in Council Chambers, Municipal Building, at 7:30 PM, Closed Session beginning at 7:00PM, with Mayor Kim Adkins presiding. Council Members present included: Mayor Kim Adkins, Vice Mayor Gene Teague, Mark Stroud, and Sharon Brooks Hodge. Mr. Turner was absent. Staff present included: Leon Towarnicki, City Manager, Brenda Prillaman, Eric Monday, Mike Rogers, Marshall Thomas, Steve Draper, Kathy Vernon, Jay Stout, Linda Conover, Danny Wimmer, Lane Shively, Doug Hardy, Robert Fincher, Betsy Pace, Mildred Montgomery, Bart Hampton, Eddie Cassady, Janet Hiatt, and Coretha Gravely. 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 Sharon Brooks Hodge, with the following 4-0 recorded vote: Adkins, aye; Teague, aye; Stroud, aye; and Hodge, aye, (Turner-absent), 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) A personnel matter as authorized by Subsection 1. Following the invocation by Mayor Adkins and Pledge to the American Flag, the Mayor welcomed everyone to the meeting. Boards & Commissions actions taken: Southern VA Recreation Facilities Authority-on a motion by Gene Teague, seconded by Mark Stroud, with 3-0 vote, (Hodge abstained), Council appointed Gavin Russell of 1014 Sheraton Ct. to a 4-year unexpired term ending 10/31/16. Southern VA Recreation Facilities Authority-on a motion by Gene Teague, seconded by Mark Stroud, with a 3-0 vote (Hodge abstained), Council appointed Will Vaughn of 1015 Sheraton Ct. to a 4-year unexpired term ending 10/31/14. Transportation Safety Commission-on a motion by Mark Stroud, seconded by Gene Teague, with a 4-0 vote, Council appointed Joseph Allan Martin of 27 East Church St. to a 4-year unexpired term ending 12/31/13. Minutes: On a motion by Gene Teague, seconded by Sharon Brooks Hodge, with a 4-0 vote, Council approved the minutes of the June 11, 2013 meeting. City Sheriff’s office reaccreditation- Sheriff Eric Atkins of the City of Salem presented the certificate to the Sheriff’s Office personnel for earning reaccreditation from the Virginia Law Enforcement Professional Standards Commission (VLEPSC). Sheriff Atkins briefed Council on the process for reaccreditation pointing out that seeking VLEPSC accreditation is strictly voluntary. Accreditation standards provide norms against which an agency's performance can be measured and monitored, boosting public confidence in how their community is being served in crime prevention and control. During December 2012, the VLEPSC certified assessors spent three days with the Martinsville Sheriff’s Office going through files, randomly interviewing deputies to test their knowledge, touring the facilities, riding along with civil enforcement deputies, and conducting other functions for their audit. There were zero deficiencies noted and the Martinsville Sheriff's Office complied with all 188 standards set forth by VLEPSC. With a 100 percent score, the Martinsville Sheriff's Office went before the VLEPSC accreditation board on January 10, 2013 where it was July 23, 2013 announced the office earned the seal of approval as an accredited Virginia law enforcement agency. This was Martinsville Sheriff’s Office second accreditation. The executive board consists of representatives selected by the Virginia Sheriffs' Association (VSA), and the Virginia Association of Chiefs of Police (VACP). The Department of Criminal Justice Services (DCJS) provides oversight. VLEPSC accreditation indicates that participating Virginia agencies are systematically measured and evaluated on policy and procedure. Law enforcement professionalism is advanced through the establishment of professional standards. There is a formal mechanism by which all accredited agencies across the Commonwealth of Virginia are measured and delivery of services is more effective and efficient. Cooperation and coordination among all components of the criminal justice system is promoted and the appropriate level of training for law enforcement personnel is ensured. Ultimately, public confidence in law enforcement is enhanced. VLEPSC accreditation remains in effect for four years and it is a coveted award that symbolizes professionalism, excellence, and competence. Recognition of retiring Police Chief Mike Rogers: City Council formally recognized retiring Police Chief Mike Rogers with presentation of a Key to the City in appreciation for over 33 years of dedicated service to the citizens of Martinsville, VA from February, 1980 to July, 2013 and for serving the Martinsville Police Department as Police Chief. Council members, along with Commonwealth’s Attorney Joan Ziglar, and several citizens made comments commending Chief Rogers for his service. City Neighborhood Watch group members and Lane Shively, City Garage employee, along with Officer Coretha Gravely presented Chief Rogers with a framed, enlarged reproduction of a former patch that officers wore on their uniforms. Proclamation for National Night Out 2013: Mayor Adkins read and presented a proclamation regarding National Night Out August 6, 2013 to Officer Coretha Gravely and Neighborhood Watch members. Proclamation for Smith River Week 2013: Mayor Adkins read and presented a proclamation regarding Smith River Week to Brian Williams and members of the Smith River Fest Committee. Council Neighborhood meetings FY: Council discussed locations for the Neighborhood Focus Meetings to be held in September, November, February, and April. City Staff was directed to firm up locations using Council’s suggestions of Druid Hills School Administration office for the September meeting, Fuller Memorial Church for Southside meeting, Chatham Hts. Baptist for the Northside meeting, and the City Housing Office for the Westside meeting. Passport fees ordinance first reading: City Attorney Eric Monday briefed Council on the ordinance regarding recovery of passport fees. 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. The Clerk 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. On a motion by Gene Teague, seconded by Mark Stroud, July 23, 2013 with the following recorded vote of 4-0: Adkins, aye; Teague, aye; Stroud, aye; and Hodge, aye, (Turner- absent), Council approved the following proposed ordinance on first reading. Council will consider the ordinance again at the August 13, 2013 meeting for the second reading and final vote. 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 Sewer/water discharges ordinance first reading: City Attorney Eric Monday briefed Council on the ordinance regarding unlawful sewer/water discharges pointing out that an issue has arisen concerning discharge of commercial car wash water into City streets and storm water systems and 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 storm water system more generally would be appropriate. Council discussion included whether due diligence has been done before putting people out of business and the ordinance impact on streams. On a motion by Gene Teague, seconded by Mark Stroud, with the following recorded vote of 4-0: Adkins, aye; Teague, aye; Stroud, aye; and Hodge, aye, (Turner-absent), Council approved the following ordinance on first reading. 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 storm water 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 July 23, 2013 (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 storm water 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) Finance report: Finance Director Linda Conover presented the following finance report: FY13 – Revenues & Expenditures through June 30, 2013; Combined Balance Sheet; Projected Fund Balance Although FY13 officially ended on June 30, all year-end transactions will not be finalized until early fall in order to realize all earned revenue and incurred expenses for the fiscal year. The annual audit process will begin in late September or early October. The reports provided this evening reflect only the actual transactions to-date and some of the anticipated transactions yet to occur. Additional adjustments will impact both revenues and expenditures before FY13 is officially “closed”. Exclusive of School and Special Revenue funds, actual revenues posted to-date are $57,896,800, representing 96.6% of the anticipated $59,957,500 through the fourth quarter, ending June 30th. Representing eleven months, Local Sales/Use Taxes received from the Commonwealth through June 30 are ahead of anticipated by $59,490, for total receipts of $1,883,490. Utility revenues in Refuse, Water, and Sewer Fund were all greater than anticipated; Electric Fund revenues were less than anticipated for June 30. Actual expenditures currently posted through June 30 are $64,417,320. Currently, as of the end of the FY13 fourth quarter, the current total combined fund balance for FY13 is $21,781,721, a decrease over FY12 of $4,990,800. The unadjusted available cash-on-hand June 30th for all City Funds was $15.8 million. The projected fund balance, including all Utility Funds, for FY13 is $17,205,067 – a decrease from FY12 year-end of $9,567,454. Based upon this projection, the unassigned Fund Balance would be $3,424,471 for non-utility funds and $9,347,123 for utility funds, for a total of $12,771,594. Again, these numbers are still fluid and will change as the year- end closing process continues. There are still many revenue, expense and balance sheet adjustments to be made. On a motion by Gene Teague, seconded by Mark Stroud, with a 4-0 vote, Council approved the finance report. Consent Agenda: On a motion by Gene Teague, seconded by Sharon Brooks Hodge, with a 4-0 vote, Council approved the following consent agenda: BUDGET ADDITIONS FOR 7/23/13 ORG OBJECT DESCRIPTION DEBIT CREDIT FY13 General Fund: 01101917 442810 Categorical Other - State - Highway Projects 576,587 01413151 503193 Thorofare Construction - Prof.Serv. -Inspections/Fees 45,519 01413151 508220 Thorofare Construction - Physical Plant Expansion 531,068 Reimbursement-Liberty St Project 01100909 490801 Recovered Costs - Senior Citizens 5,386 01714212 506016 Senior Center - Program Supplies 2,203 01714212 501300 Senior Center - Part-time Wages 1,998 01714212 502100 Senior Center - Social Security 124 01714212 502110 Senior Center - Medicare 29 01714212 506049 Senior Center - Vehicle Fuels 1,032 Transportation Grant and Reimbursements 01101916 434703 Categorical Shared - Circuit Ct Clerk - Addt'l Allowance 16,268 01216076 503320 Circuit Court Clerk - Maint. Service Contracts 15,500 01216076 505410 Circuit Court Clerk - Lease/Rental of Equipment 768 Additional Reimbursement from Comp Board 01102926 443157 Categorical Federal - Safe Routes to School 302,729 01413146 503191 Street Marking - Prof. Services - Contractors 302,729 Safe Routes to School Project Total General Fund: 900,970 900,970 SCHOOL FUND 18102926 418297 Nasa Program 20,000 61101100 561120 Instructional S&W 9,345 61101100 561620 Supplementatl S&W 7,450 61101100 562100 Social Security 1,041 61101100 562150 Medicare 244 66501100 562210 Retirement 1,463 66501100 562400 State Life 111 July 23, 2013 66501100 562750 RHCC 104 66501100 566000 Materials & Supplies 242 18101917 402912 Mentor Teacher Program 1,000 85031310 561620 Supplemental S&W 929 85031310 562100 Social Security 58 85031310 562150 Medicare 13 18103919 489904 Harvest 10,000 81621310 568200 Capital Outlay Additions 10,000 18103909 480301 Bus Operations 15,760 80003400 566051 Bus Fuel 15,760 Total School Fund: 46,760 46,760 Business from floor: No comments. Council comments: Hodge-explained that she abstained on the Southern VA Recreation Facilities appointment vote because the person appointed by Council in February has indicated to her that he felt unwelcomed to serve and conversations need to be had with boards and commission chairs to involve all citizens; Stroud-wished retiring Chief Rogers well and thanked him for his service. City Manager comments: Mr. Towarnicki reported (1) Druid Hills pool demolition is underway (2) reminded Council of VML Committee meetings this week (3) reported on a press release announcing that Eddie Cassady will be serving as interim police chief and a future report will be brought to Council regarding possibilities of combining services of police department and sheriff’s office. Council reconvened Closed Session. At the conclusion of Closed Session, each returning member of Council certified that (1) only public business matters exempt from open meeting requirements were discussed in said Closed Session; and (2) only those business matters identified in the motion convening the Closed Session were heard, discussed, or considered during Session. On a motion by Gene Teague, seconded by Sharon Brooks Hodge, with the following recorded 4-0 vote: Adkins, aye; Teague, aye; Stroud, aye; and Hodge, aye, Council returned to Open Session. No action was taken. There being no further business, the meeting adjourned at 9:42pm. _______________________________ __________________________ Brenda Prillaman Kim Adkins Clerk of Council Mayor 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 City Council Agenda Summary Meeting Date: September 10, 2013 Item No: 2. Department: City Council Issue: Hear an overview of September 9, 2013 Council Neighborhood Meeting. Summary: Mayor Kim Adkins will give an overview of citizen input received at the September 9, 2013 Uptown/Druid Hills Neighborhood Meeting. Attachments: none Recommendations: for information City Council Agenda Summary Meeting Date: September 10, 2013 Item No: 3. Department: City Council Issue: Introduction and comments from Tommy Hudgins, new Headmaster at Carlisle School. Summary: Mr. Tommy Hudgins will present comments. Attachments: None Recommendations: No action required City Council Agenda Summary Date: September 10, 2013 Item No: 4. Department: Community Development Issue: Consider approval, on first reading, of an ordinance related to increasing the number of members serving on the City’s advisory Arts & Cultural Committee from five to eleven. Summary: In 2009, City Council voted to establish the City of Martinsville Arts & Cultural District and the advisory Arts & Cultural Committee. During meetings of the Arts & Cultural Committee, the group realized that more stakeholders from the many organizations were needed to get proper input from the Committee’s ideas. Attachments: Ordinance Committee List Recommendations: Staff recommends that to get a broad spectrum of input from the various arts and cultural entities in the community regarding Arts & Cultural related issues, that 11 members be able to serve on the Arts & Cultural Committee. Motion to approve, on first reading, with a roll call vote. City of Martinsville, Virginia ORDINANCE 2013-8 Increasing membership of advisory Arts and Cultural Committee BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in regular session held on September 24, 2013 that Section 2-126 of the City Code is hereby amended as follows: ARTICLE VIII: Martinsville Arts and Cultural District Sec. 2-126. Purpose. The City of Martinsville finds that the continued development and success of its downtown commercial district and surrounding area requires incentives, and determines that the most appropriate method of offering incentives for the area described is to create an Arts and Cultural District in that area, as authorized by Section 15.2-1129.1 of the Code of Virginia. The City believes that the establishment of an Arts and Cultural District will improve the economic conditions of this geographic area located in the central business district portion and corridors to the central business district, which could, in turn, benefit the welfare of the citizens of Martinsville. An advisory Arts and Cultural Committee, consisting of five eleven members appointed by City Council for staggered three year terms, shall suggest the direction and purpose of the district. (Ord. No. 2010-01, § 1, 12-8-2009) ********* Attest: ________________________________ Brenda Prillaman, Clerk of Council _______________ _______________ Date Adopted Date Effective Arts and Cultural Committee ARTS AND CULTURAL COMMITTEE - Established by City Council in 2010, under Martinsville City Code Section 2-109 through 2-118, the Arts and Cultural Committee and works to enhance the Arts/Cultural District in the City of Martinsville. The Arts and Cultural Committee reports to the Planning Commission and works with the Architectural Review Board. The Committee consists of 10 11* members serving four- year terms appointed by City Council. To ensure stakeholder involvement and input, members include: Representative from Piedmont Arts Association/Studio 107 Representative from the Virginia Museum of Natural History Representative from Southern Virginia Artisan Center Representative from the MHC Historical Society Representative from the Architectural Review Board Representative from the EDC Representative from MURA Representative from TheatreWorks* A City Business Owner 2 Citizens The City Planner serves as Secretary and the Committee elects a Chairman and Vice Chairman from among its members. The Committee meets on an as-needed basis. TERMS: Each committee member will serve staggered terms of four years in duration. Contact: Susan McCulloch, Community Planner, Community Development, 403-5156, P. O. Box 1112, Martinsville, VA 24114. Name & Address INITIAL APPOINTMENT TERM FULL (group representing) EXPIRES TERM (PAA) 2 yr initial term (VMNH) 3 yr initial term (SVAC) 4 yr initial term (Historical Soc) 2 yr initial term (ARB) 3 yr initial term (EDC) 4 yr initial term (MURA) 4 yr initial term (City Business Owner) 3 yr initial term (Citizen) 4 yr initial term (Citizen) 2 yr initial term (TheatreWorks) 2 yr initial term *Represents proposed changes 9/5/2013 City Council Agenda Summary Meeting Date: September 10, 2013 Item No: 5. Department: City Manager Issue: Consider adoption of a Resolution authorizing the execution of an agreement providing for the obligations of the City to consider certain appropriations to the Industrial Development Authority of Henry County, Virginia and Henry County, Virginia to finance the construction of a shell building for economic development purposes at the Patriot Centre Industrial Park. Summary: With the recent sale of the only remaining shell building in the Patriot Centre Industrial Park, the Martinsville-Henry County EDC recommended at the January 22, 2013 Council meeting that consideration be given to developing another shell building on Lot 8 to help with recruitment of industry to this area. Council voted to participate in the project with a 4-1 vote at that meeting. The proposed project is being developed under the revenue sharing agreement between Henry County and the City and the attached Resolution commits the City to its share of the financial obligations related to the project. Attachments: Resolution Recommendations: Motion to adopt the Resolution RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT PROVIDING FOR THE OBLIGATIONS OF THE CITY TO CONSIDER CERTAIN APPROPRIATIONS TO THE INDUSTRIAL DEVELOPMENT AUTHORITY OF HENRY COUNTY, VIRGINIA AND HENRY COUNTY, VIRGINIA TO FINANCE THE CONSTRUCTION OF A SHELL BUILDING FOR ECONOMIC DEVELOPMENT PURPOSES AT THE PATRIOT CENTRE INDUSTRIAL PARK WHEREAS, the City Council (the “City Council”) of the City of Martinsville, Virginia (the “City”), desires to assist Henry County, Virginia (“Henry County”) and the Industrial Development Authority of Henry County, Virginia (the “Henry County IDA”) in connection with their efforts to obtain financing for all or a portion of the costs associated with the design, construction and equipping of a shell building on Lot 8 located in the Patriot Centre Industrial Park for use in economic development efforts to attractive commercial businesses to locate in the area, together with related costs and expenses (collectively, the “Project”); WHEREAS, the Henry County IDA is the fee simple owner of Lot 8 located in the Patriot Centre Industrial Park (together with the Project, referred to as, the “Property”); WHEREAS, pursuant to that certain Revenue Sharing Agreement dated as of April 30, 2002 by and among the City, Henry County and the Henry County IDA (the “Revenue Sharing Agreement”), the parties have agreed, among other things, that when a business locates on one of the designated sites on the Property, Henry County will pay to the City, on a subject to appropriation basis, one-third of all revenues generated by the real estate, personal property, machinery and tools, and consumer utility taxes collected by Henry County from the business located on such site, after Henry County is reimbursed for infrastructure costs in excess of grant funds and after repayment of any cash incentives that may be paid by the County; WHEREAS, the undertaking of the Project is expected to financed through the issuance by the Henry County IDA of its Lease Revenue Bond (Henry County Shell Building Project), Series 2013 (the “Bond”), and the issuance of the Bond is expected to be undertaken in accordance with the following documents (the “Financing Documents”): (a) A Lease Agreement between the Henry County IDA and Henry County, pursuant to which the Henry County IDA will lease the Property to the County, and the County will agree, on a subject to appropriation basis, to make lease payments thereunder equal to or greater than the debt service payments due and payable on the Bond; (b) An Assignment Agreement from the Henry County IDA to ___________________ (the “Bank”), assigning the rights of the Henry County IDA under the Lease Agreement (except for certain rights to indemnification, payment of fees and expenses, etc.) to and for the benefit of the Bank; (c) One or more support, purchase or similar agreements by and among Henry County, the Henry County IDA, the Martinsville Henry County Economic Development Corporation (“MHCEDC”) and the City (collectively, whether encompassed in one or more agreements, referred to as, the “Support Agreement”), pursuant to which, generally, (i) the MHCEDC will agree to fund to or otherwise reimburse Henry County for design, engineering, insurance, maintenance, utility, legal and other costs associated with the development of the Project, together with an amount equal to the rental payments due under the Lease Agreement during the construction period for the Project and for one year following the completion of the Project, and (ii) the City, in consideration of the Revenue Sharing Agreement and its other interests and desire to facilitate the development of the Project, will agree, subject to the terms set forth therein, to fund to or otherwise reimburse Henry County for an amount equal to at least thirty-three percent (33%) of the rental payments due and payable by Henry County throughout the term of the Lease Agreement; (d) A Collateral Assignment or similar agreement pursuant to which the Henry County IDA and Henry County will assign substantially all of their rights under the Support Agreement to and for the benefit of the Bank; and (e) Such other documents and agreements as may be deemed necessary or appropriate by Henry County in order to effectuate the financing of the Project; WHEREAS, the obligation of the City to make any payments under the Support Agreement shall be subject to annual appropriations by the City Council, which is under no legal obligation to make such appropriations. Neither the Lease Agreement, the Support Agreement, the other Financing Documents nor the Bond will constitute a general obligation debt of the Commonwealth of Virginia or any political subdivision thereof, including the City, Henry County, and the Henry County IDA, or a pledge of the faith and credit or taxing power of the Commonwealth of Virginia, the City, Henry County or the Henry County IDA. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARTINSVILLE, VIRGINIA: 1. It is determined to be in the best interests of the City and its citizens for the City Council to enter into a Support Agreement in connection with the Project. 2. The City Manager and Assistant City Manager, either of whom may act, are hereby authorized and directed to execute and deliver a Support Agreement in connection with the Project upon the terms and conditions generally described herein, together with such amendments, modifications and supplements thereto as may be acceptable to the City Manager or Assistant City Manager; provided, however, that (i) the principal amount of the obligations under the Lease Agreement shall not exceed $3,500,000, (ii) the interest rate on the principal components of the rentals under the Lease Agreement shall not exceed 4.00% per annum, (iii) the final maturity date of the Bond and the term of the Lease Agreement shall not extend beyond December 31, 2018, (iv) the debt service payments due under the Bond (and the rental payments under the Lease Agreement) shall consist of interest-only payments (together with any costs and expenses) until the maturity date thereof, and (v) the principal amount of the Bond and rental payment under the Lease Agreement is subject to prepayment at any time (upon reasonable notice), without premium or penalty. The execution and delivery of the Support Agreement by 2 the City Manager or Assistant City Manager shall constitute conclusive evidence of his approval of such completions, omissions, insertions or changes. 3. The City Council hereby consents to execution and delivery of the other Financing Documents to be prepared in connection with the financing of the Project. 4. Recognizing that the obligations of the City under the Support Agreement shall in no way constitute an obligation or indebtedness of the City, nor a pledge of the full faith and credit or taxing power of the City, in furtherance of the terms and conditions of the Revenue Sharing Agreement, the City acknowledges and agrees that that an allocation to the City of approximately 33% of the principal amount of the Bond for purposes of Section 265(b)(3)(C)(iii) of the Internal Revenue Code of 1986, as amended (the “Code”) represents a reasonable allocation bearing a reasonable relationship to the benefits to be received by the City from the issuance of the Bond in connection with the financing of the Project. The City hereby designates its reasonable allocation of the benefits to be received from the issuance of the Bond, as “qualified tax-exempt obligations” for the purpose of Section 265(b)(3) of the Code. The City (together with its subordinate entities) does not reasonably anticipate issuing more than $10,000,000 in bonds, notes, leases or other obligations of the City (excluding private activity bonds which are not qualified 501(c)(3) bonds under Section 145 of the Code) during calendar year 2013, and the City (together with its subordinate entities) has not and will not designate more than $10,000,000 of qualified tax-exempt obligations pursuant to Section 265(b)(3) of the Code during such calendar year. The City Manager and Assistant City Manager are each hereby authorized and directed to execute and deliver a bank-qualification allocation agreement or similar agreement necessary to further effectuate the foregoing. 5. The City Council, while recognizing that it is not empowered to make any binding commitment to make appropriations under the Support Agreement in future fiscal years, hereby states its intent to make such appropriations in future fiscal years, and hereby recommends that future City Councils do likewise during the term of the Support Agreement. The City Manager and Assistant City Manager are hereby authorized and directed to carry out the obligations imposed on them by the Support Agreement, subject to the terms and conditions of this Resolution. 6. This resolution shall take effect immediately. [Remainder of Page Intentionally Left Blank] 3 CERTIFICATE The undersigned Clerk of the City Council of the City of Martinsville, Virginia hereby certifies that the foregoing is a true, correct and complete copy of a resolution duly adopted by a majority of the members of the City Council of the City of Martinsville, Virginia present and voting during the meeting duly called and held on September 10, 2013, and that such resolution has not been repealed, revoked, rescinded or amended, but is in full force and effect on the date hereof. A summary of the members present or absent at such meeting, and the recorded vote with respect to the foregoing resolution, is set forth below: VOTING MEMBER NAME PRESENT ABSENT YES NO ABSTAINING Kim Adkins Gene Teague Mark Stroud Danny Turner Sharon Hodge WITNESS my hand and the seal of the County this 10th day of September, 2013. ____________________________________ Clerk, City Council, Martinsville, Virginia (SEAL) 1126419 City Council Agenda Summary Meeting Date: September 10, 2013 Item No: 6. Department: City Manager Issue: Hear a staff update on a recently completed project involving the City and Martinsville Uptown related to promoting the Uptown area as a place to shop, visit, live, and develop or expand a business. Summary: Completion of this project is the culmination of months of work between City staff, Martinsville Uptown, and others with the intended purpose of promoting the Uptown area. The final product is a short video production and related information featuring interviews with key individuals highlighting the many positives of the Martinsville Uptown area. The information will be copied to a flash/jump drive that can be reproduced and mailed, handed out, and made available to promote the Uptown area. Attachments: None Recommendations: For information purposes City Council Agenda Summary Meeting Date: Sept. 10, 2013 Item No: 7. Department: Finance Issue: Consider approval of consent agenda. Summary: The attachments amend the FY13 and FY14 Budgets with appropriations in the following funds: FY13: General Fund: $4,541 – State & Federal Funding FY14: General Fund: $2,125 – Recovered Costs & Donation School Fund: $156,647 – State Grants & Federal Funding Federal School Programs Fund: $505,833 – Federal Title Programs Funding Attachments: Consent Agenda - 9-10-13 A.xls Consent Agenda - 9-10-13 B.xls Recommendations: Motion to approve consent agenda. BUDGET ADDITIONS FOR 9/10/13 ORG OBJECT DESCRIPTION DEBIT CREDIT FY13 General Fund: 01101917 442701 Categorical Other State - Fire Programs Fund 4,168 01321102 506110 Fire Department - Fire Programs 4,168 additional funding rec'd from state 01102926 436427 Categorical Federal - Org Crime/Drug Enf Task Force 373 01311085 501219 Police Dept - OCDETF Overtime 373 Grant funding Total General Fund: 4,541 4,541 BUDGET ADDITIONS FOR 9/10/13 ORG OBJECT DESCRIPTION DEBIT CREDIT FY14 General Fund: 01100909 490104 Advance/Recovered Costs 625 01321102 506130 Fire Dept. - Repair/Maint - Burn Building 300 01321102 503171 Fire Dept. - Repair/Maint - Burn Building - Labor 125 01321102 505500 Fire Dept. - Travel & Training 200 Reimbursement from Stuart VFD 01100908 480412 Donations - Sheriff Dept 1,500 01331110 506104 Sheriff-Jail Annex - Non-capital Equipment 1,500 Private Donation Total General Fund: 2,125 2,125 School Fund: 18102926 404818 Categorical Federal - Perkins Voc Ed 54,180 73101100 563000 High School Vocational Ed - Purchased Services 1,000 73101100 565503 High School Vocational Ed - Travel 11,000 73101100 566000 High School Vocational Ed - Materials 42,180 18102926 418297 Categorical Federal - Nasa Program 50,000 11001100 561120 Instructional S&W 41,086 11001100 562100 Social Security 2,548 11001100 562150 Medicare 596 11001100 562210 Retirement 4,791 11001100 562400 State Life 489 11001100 562520 LTD 35 11001100 562750 RHCC 455 18101918 480303 State Grants - Plugged In VA 28,000 87301310 561120 Instructional S&W 26,010 87301310 562100 Social Security 1,613 87301310 562150 Medicare 377 18101918 402032 State Grants - ISAEP 1,701 72201100 561620 Capital Outlay Additions 1,580 72201100 562100 Social Security 98 72201100 562150 Medicare 23 18101918 404182 State Grants - Project Graduation Summer Academy 14,266 71501100 561120 Instructional S&W 12,690 71501100 562100 Social Security 787 71501100 562150 Medicare 184 71501100 562800 Miscelaneous 605 18101918 480303 State Grants - iReady Grant 8,500 11001100 566040 Software and Online Content 8,500 Total School Fund: 156,647 156,647 Federal School Programs Fund: 20102926 417348 Categorical Federal - Title 6B Spec Ed Preschool 5,702 86611100 561120 Title 6B Preschool - Instructional S&W 5,000 86611100 562100 Title 6B Preschool - Social Security 310 86611100 562150 Title 6B Preschool - Medicare 73 86611100 566013 Title 6B Preschool - Materials & Supplies 319 20102926 402748 Categorical Federal - Title 6B IDEA Spec Ed 500,131 86511100 561120 Title 6B Special Ed - Instructional S&W 147,307 86511100 561151 Title 6B Special Ed - Instructional S&W Aide 209,176 86511100 562100 Title 6B Special Ed - Social Security 22,102 86511100 562150 Title 6B Special Ed - Medicare 5,169 86511100 562210 Title 6B Special Ed - Retirement 41,566 86511100 562300 Title 6B Special Ed - Insurance 40,592 86511100 562400 Title 6B Special Ed - Life Insurance 4,242 86511100 562520 Title 6B Special Ed - Disability 452 86511100 562750 Title 6B Special Ed - Retirement Credit 3,957 86511100 563140 Title 6B Special Ed - Purchased Services 19,000 86511100 565503 Title 6B Special Ed - Travel 1,000 86511100 566013 Title 6B Special Ed - Materials & Supplies 5,568 Total Federal School Programs Fund: 505,833 505,833

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