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City Council

Regular Meeting

Martinsville, VA · October 8, 2013

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Minutes

October 8, 2013 The regular meeting of the Council of the City of Martinsville, Virginia, was held on October 8, 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, Karen Roberts, Wayne Knox 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 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. Following the invocation by Council Member Stroud and Pledge to the American Flag, the Mayor welcomed everyone to the meeting and advised that Council has recessed their Closed Session and will re- convene Closed Session after the regular meeting. Minutes: On a motion by Mark Stroud, seconded by Sharon Brooks Hodge, with a 5-0 vote, Council approved the minutes of the August 27, 2013 meeting. Proclamation-Extra Mile Day: Mayor Adkins read a proclamation recognizing Extra Mile Day 2013. Proclamation-Woman’s Book Club 100th Anniversary: Mayor Adkins presented a proclamation to representatives of the Woman’s Book Club of Martinsville recognizing their 100th Anniversary. Resolution approval for Marshall Ecker: On a motion with Gene Teague, seconded by Mark Stroud, with a 5-0 vote, Council approved the following resolution in memory of the late Chairman of the Pittsylvania County Board of Supervisors, Marshall Ecker: In Memory of Marshall A. Ecker, Chairman of the Pittsylvania County Board of Supervisors WHEREAS, on Thursday, September 26, 2013, Chairman of the Pittsylvania County Board of Supervisors Marshall A. Ecker was called to rest by our Heavenly Father due to an unexpected heart attack at his home in Greta, Virginia, at the age of 68 years old; WHEREAS, Chairman Ecker, a highly respected Board of Supervisor, representing the Staunton River Magisterial District in northern Pittsylvania County, was first elected to the Board of Supervisors in 2007, re-elected in 2011 and elected by the supervisors to preside as Chairman of the Board in 2013. WHEREAS, Chairman Ecker was known for wanting to put common sense back to government, took a 10 percent pay cut when he took office in 2008 and encouraged his colleagues on the board to embrace new ideas and “think outside of the box.” WHEREAS, Chairman Ecker advocated for the citizens of Pittsylvania County and worked tirelessly on their behalf, while also supporting regional efforts in Southern Virginia; WHEREAS, Chairman Ecker was a decorated Vietnam veteran with an Armed Forces Expeditionary Medal, Good Conduct Medal, Expert Marksmanship Badge, Republic of Vietnam Service Medal, National Defense Service Medal and Republic of Vietnam Campaign ribbon. NOW, THEREFORE, Martinsville’s City Council recognizes Chairman of Pittsylvania County Board of Supervisors Marshall A. Ecker for his leadership and as a dedicated local elected official, activist for positive change and loyal public servant to our country; NOW, THEREFORE BE IT RESOLVED THAT, on this eighth day of October, 2013, Martinsville’s City Council hereby formally honors and remembers the public service life of Marshall A. Ecker and gives our sincere condolences to his family, friends and colleagues. Public Hearing and Ordinance approval 2nd reading regarding home child care zoning amendment: Wayne Knox briefed Council on the home child care zoning amendment which was approved on first reading at Council’s last meeting noting that no opposition has been voiced. Mayor Adkins opened the public hearing: Sharon Martin of Martin Family Day Care commented on how the changes will affect families she cares for and her household income; Terry Finney, a local child care provider, commented that she would like the number of children allowed be brought back up to 12. Both child care providers speaking said they will be applying for the special use permit. On a motion by Gene Teague, seconded by Sharon Brooks Hodge, with the following 5-0 recorded vote, Adkins, October 8, 2013 aye; Teague, aye; Stroud, aye; and Hodge, aye; Turner, aye, Council approved the ordinance on second reading: PROPOSED AMENDMENTS – ZONING ORDINANCE (Strikethrough indicates deletion; italicized bold indicates addition) SECTION X: RESIDENTIAL DISTRICTS B. Uses permitted by right in the R-16 District. (4) Home child care operated as an incidental home occupation, caring for not more than six (6) five (5) non-related children, with an outdoor play area equivalent to at least one hundred (100) square feet per child and otherwise complying with requirements of the definition of a home occupation. D. Uses permitted by special use permit in the R-16 District. (7) Home child care operated as an incidental home occupation, caring for between six (6) and twelve (12) non-related children for less than a twenty-four (24) hour period, with an outdoor play area equivalent to at least one hundred (100) square feet per child, complying with the licensing requirements of the Commonwealth of Virginia, and otherwise complying with requirements of the definition of a home occupation. F. Uses permitted by right in the R-9 District. (14) Home child care operated as an incidental home occupation, caring for not more than six (6) five (5) non-related children, with an outdoor play area equivalent to at least one hundred (100) square feet per child and otherwise complying with requirements of the definition of a home occupation. H. Uses permitted by special use permit in the R-9 Residential District. [(7) Reserved.] Home child care operated as an incidental home occupation, caring for between six (6) and twelve (12) non- related children for less than a twenty-four (24) hour period, with an outdoor play area equivalent to at least one hundred (100) square feet per child, complying with the licensing requirements of the Commonwealth of Virginia, and otherwise complying with requirements of the definition of a home occupation. J. Uses permitted by right in the R-6 District. [12.]16. Home child care operated as an incidental home occupation, caring for not more than six (6) five (5) non-related children, with an outdoor play area equivalent to at least one hundred (100) square feet per child and otherwise complying with requirements of the definition of a home occupation. L. Uses permitted by special use permit in the R-6 Residential District. 11. Home child care operated as an incidental home occupation, caring for between six (6) and twelve (12) non-related children for less than a twenty-four (24) hour period, with an outdoor play area equivalent to at least one hundred (100) square feet per child, complying with the licensing requirements of the Commonwealth of Virginia, and otherwise complying with requirements of the definition of a home occupation. SECTION XI: PROFESSIONAL DISTRICTS B. Use permitted by right in the P-1 District. 8. Home child care operated as an incidental home occupation, caring for not more than six (6) five (5) non-related children, with an outdoor play area equivalent to at least one hundred (100) square feet per child and otherwise complying with requirements of the definition of a home occupation. D. Uses permitted by special use permit in the P-1 district. 7. Home child care operated as an incidental home occupation, caring for between six (6) and twelve (12) non-related children for less than a twenty-four (24) hour period, with an outdoor play area equivalent to at least one hundred (100) square feet per child, complying with the licensing requirements of the Commonwealth of Virginia, and otherwise complying with requirements of the definition of a home occupation. F. Uses Permitted by right in the P-2 District. 8. Home child care operated as an incidental home occupation, caring for not more than six (6) five (5) non-related children, with an outdoor play area equivalent to at least one hundred (100) square feet per child and otherwise complying with requirements of the definition of a home occupation. H. Uses permitted by special use permit in the P-2 District. 7. Home child care operated as an incidental home occupation, caring for between six (6) and twelve (12) non-related children for less than a twenty-four (24) hour period, with an outdoor play area equivalent to at least one hundred (100) square feet per child, complying with the licensing requirements of the Commonwealth of Virginia, and otherwise complying with requirements of the definition of a home occupation. J. Uses permitted by right in the RP-1 District. 8. Home child care operated as an incidental home occupation, caring for not more than six (6) five (5) non-related children, with an outdoor play area equivalent to at least one hundred (100) square feet per child and otherwise complying with requirements of the definition of a home occupation. L. Uses permitted by special use permit in the RP-1 District. 7. Home child care operated as an incidental home occupation, caring for between six (6) and twelve (12) non-related children for less than a twenty-four (24) hour period, with an outdoor play area equivalent to at least one hundred (100) square feet per child, complying with the licensing requirements of the Commonwealth of Virginia, and otherwise complying with requirements of the definition of a home occupation. Update from M-HC Economic Development Corporation: Mark Heath presented information on the monthly activities of the EDC we well as presentation of the following Return on Investment Report from the EDC as of October 2013: October 8, 2013 October 8, 2013 Mr. Heath pointed out the Return on Investment Report was due to the requests of Council Member Hodge to present quantitative data in addition to qualitative data and he appreciated the opportunity to present the information. Council Member Hodge expressed her appreciation for the information he provided which shows the taxpayers that the EDC is accountable and Mr. Heath indicated this would be done on a more regular basis. Resolution approval – Election Not to Participate in VA Local Disability Plan: Finance Director Linda Conover presented the following information regarding consideration of adoption of a Resolution required by Virginia Retirement System to opt out of the Virginia Local Disability Program (VLDP). The 2012 General Assembly created VLDP for political subdivision employees who will be covered under the VRS Hybrid Retirement Plan effective January 1, 2014. Participation in VLDP is automatic unless City Council elects to opt out and provide a comparable employer-paid disability program effective Jan. 1. The comparable coverage must include short-term and long-term disability. The decision to participate or opt out is irrevocable. On a motion by Mark Stroud, seconded by Sharon Brooks Hodge, with a 5-0 vote, Council adopted the following resolution: October 8, 2013 RESOLUTION--Irrevocable Election Not to Participate in Virginia Local Disability Program WHEREAS, by enacting Chapter 11.1 of Title 51.1 of the Code of Virginia, the Virginia General Assembly has established the Virginia Local Disability Program (“VLDP”) for the payment of short-term and long-term disability benefits for certain participants in the hybrid retirement program described in Virginia Code § 51.1-169; and WHEREAS, for purposes of VLDP administration, an employer with VLDP-eligible employees may make an irrevocable election on or before September 1, 2013, requesting that its eligible employees not participate in VLDP as of the VLDP effective date of January 1, 2014, because it has or will establish, and continue to maintain, comparable employer-paid disability coverage for such employees that meets or exceeds the coverage set out in Chapter 11.1 of Title 51.1 of the Code of Virginia, with the exception of long term care coverage, by January 1,2014; and WHEREAS, it is the intent of City of Martinsville, Employer Code #55223, to make this irrevocable election to request that its eligible employees not participate in VLDP; NOW, THEREFORE, IT IS HEREBY RESOLVED that City of Martinsville irrevocably elects not to participate in VLDP because it has or will establish, and continue to maintain, comparable employer-paid disability coverage for such employees; and it is further RESOLVED that, as an integral part of making this irrevocable election, City of Martinsville certifies that it has or will establish, and continue to maintain, comparable employer-paid disability coverage for such employees. Adopted in Martinsville, Virginia this 8th day of October, 2013. Approval of employee payroll deduction computer purchase program: Finance Director Linda Conover presented the following information: The Martinsville City and School Administrations are taking preliminary steps in offering a payroll deduction employee computer purchase program again this year, partnering with Henry County. Under this program, the City and School will front-fund the cost and employees will have the opportunity to purchase computers and I Pads (exact items yet to be determined) with the cost, including applicable sales tax, recovered through six monthly payroll deductions from January through June 2014. The benefit to employees will be the cost savings realized through a bulk purchase program with six-month no-interest financing through payroll deduction payments. The City will not provide a warranty for any units purchased. Any warranty, software, or other issues will be strictly between the purchaser and the manufacturer. On a motion by Gene Teague, seconded by Danny Turner, with a 5-0 vote, Council approved the employee purchase program and appropriation of said funds to be recovered though payroll deduction. Consent Agenda: On a motion by Gene Teague, seconded by Mark Stroud, with a 5-0 vote, Council approved the following consent agenda: BUDGET ADDITIONS FOR 10/08/13 ORG OBJECT DESCRIPTION DEBIT CREDIT FY14 General Fund: 01100909 490104 Advance/Recovered Costs 2,068 01331108 501300 Sheriff/Corrections - Part-time & Temporary Wages 1,510 01331108 502100 Sheriff/Corrections - Social Security 94 01331108 502110 Sheriff/Corrections - Medicare 22 01331108 506008 Sheriff/Corrections - Vehicle Equipment & Maint. 302 01331110 506200 Sheriff/Annex - Prisoner Allowance 140 Reimbursement from Henry County for litter pickup - August 01100908 480410 Donations - Fire Department 1,500 01321102 505230 Fire Department - Telecommunications 1,500 Donation 01100909 490104 Advance/Recovered Costs 600 01321102 505500 Fire Dept - Travel/Training 100 01321102 506130 Fire Dept - Prof. Services - Rep/Maint Burn Building 500 Reimbursement from Gretna Vol. Fire Dept 01100909 490104 Advance/Recovered Costs 1,500 01221082 501300 Commonwealth's Attorney - Part-time/Temporary Wages 1,500 NCI Intern reimbursement Total General Fund: 5,668 5,668 SCHOOL FUND 18103919 489904 Dominion Foundation 4,000 71001100 566000 Materials and Supplies 3,428 71001100 566056 Non-Cap Equipment 572 18101918 480303 School Security Equipment Grant 79,408 80004600 568200 Non-Capital Equipment 79,408 Total School Fund: 83,408 83,408 Business from the Floor: Ural Harris, 217 Stuart St.-comments regarding pavement issues, city budget priorities and BPOL tax. October 8, 2013 Council comments: Turner commended all for successful Oktoberfest event. City Manager comments: (1) announced Household Hazardous Waste Day October 19 (2) encouraged citizens to evaluate any insurance mailings they receive and noted the recent water line insurance mass mailing is not from the City nor is it endorsed by the City (3) reminder about West End neighborhood meeting on October 15 with Community Development Department (4) encouraged applicants to serve on Board of Zoning Appeals (5) reported that the consolidation of the services of Sheriff Department and Police Department has not revealed any substantial savings and administration will move forward to fill the Police Chief position. City Council then re-convened the 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 Danny Turner, 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. There being no further business, the meeting adjourned at 9:59 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 October 8, 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-Vice Mayor Gene Teague 1. Consider approval of City Council meeting minutes of August 27, 2013. (2 mins) 2. Presentation of proclamation regarding Extra Mile Day. (3 mins) 3. Presentation of proclamation regarding 100th Anniversary of Woman’s Book Club of Martinsville. (3 mins) 4. Presentation of resolution in memory of the late Chairman of the Pittsylvania County Board of Supervisors Marshall Eckers. (3 mins) 5. Conduct a public hearing and consider approval of ordinance, on second reading, regarding home child care zoning amendment. (5 mins) 6. Hear an update from Martinsville-Henry County Economic Development Corporation. (10 mins) 7. Consider approval of Resolution – Election Not to Participate in Virginia Local Disability Plan. (5 mins) 8. Consider approval of employee payroll deduction computer purchase program. (5 mins) 9. Consider approval of consent agenda. (2 mins) 10. 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. 11. Comments by members of City Council. (5 minutes) 12. Comments by City Manager. (5 minutes) City Council Agenda Summary Meeting Date: October 8, 2013 Item No: 1. Department: Clerk of Council Issue: Consider approval of minutes of City Council meeting August 27, 2013. Summary: None Attachments: August 27, 2013 Recommendations: Motion to approve minutes as presented August 27, 2013 The regular meeting of the Council of the City of Martinsville, Virginia, was held on August 27, 2013, in Council Chambers, Municipal Building, at 7:30 PM, with Mayor Kim Adkins presiding. Council Members present included: Mayor Kim Adkins, Vice Mayor Gene Teague, Mark Stroud and Danny Turner. Council Member Sharon Brooks Hodge participated remotely in the meeting. Staff present included: Leon Towarnicki, City Manager, Brenda Prillaman, Eric Monday, Linda Conover, and Ruth Easley. Following the invocation by Vice Mayor Gene Teague and Pledge to the American Flag, the Mayor welcomed everyone to the meeting. Mayor Adkins recognized Boy Scout Lucas Adams who was present to work toward his Eagle Scout badge. Minutes: On a motion by Gene Teague, seconded by Mark Stroud, Council approved the minutes of the July 9, 2013 meeting. Residency resolution and ordinance: Mayor Adkins read the following Code Section pertaining to allowing a Council member to participate in the meeting, including voting, by electronic means from a remote location and disclosed that Council Member Hodge is unable to be in attendance at this Council meeting and is in California due to a business trip: § 2.2-3708.1. Participation in meetings in event of emergency or personal matter; certain disabilities; distance from meeting location for certain public bodies. A. A member of a public body may participate in a meeting governed by this chapter through electronic communication means from a remote location that is not open to the public only as follows and subject to the requirements of subsection B: 1. If, on or before the day of a meeting, a member of the public body holding the meeting notifies the chair of the public body that such member is unable to attend the meeting due to an emergency or personal matter and identifies with specificity the nature of the emergency or personal matter, and the public body holding the meeting (a) approves such member's participation by a majority vote of the members present at a meeting and (b) records in its minutes the specific nature of the emergency or personal matter and the remote location from which the member participated. Such participation by the member shall be limited each calendar year to two meetings or 25 percent of the meetings of the public body, whichever is fewer; 2. If a member of a public body notifies the chair of the public body that such member is unable to attend a meeting due to a temporary or permanent disability or other medical condition that prevents the member's physical attendance and the public body records this fact and the remote location from which the member participated in its minutes; or 3. If, on the day of a meeting, a member of a regional public body notifies the chair of the public body that such member's principal residence is more than 60 miles from the meeting location identified in the required notice for such meeting and the public body holding the meeting (a) approves such member's participation by a majority vote of the members present and (b) records in its minutes the remote location from which the member participated. B. Participation by a member of a public body as authorized under subsection A shall be only under the following conditions: 1. A quorum of the public body is physically assembled at the primary or central meeting location; and 2. The public body makes arrangements for the voice of the remote participant to be heard by all persons at the primary or central meeting location. A motion was made by Gene Teague, seconded by Mark Stroud, to allow Council Member Hodge to participate by phone and vote as per the above noted Code Section. Mr. Turner stated the reasoning does not raise to the level of the Code; Mr. Teague stated the intent of the legislation was to allow elected officials to participate and it does not have to be an emergency; City Attorney Eric Monday stated the intent of the law was to allow participation due to distance from the meeting. With the following 3-1 recorded vote: Adkins, aye; Teague, aye; Stroud, aye; and Turner, nay, Council agreed to allow Council Member Hodge to participate in the meeting remotely (by telephone). City Attorney Eric Monday briefed Council on the ordinance and the resolution regarding the residency issue. Mayor Adkins asked for public comments: Ural Harris, 217 Stuart St., commented that he is against repealing the ordinance and feels employees need to have a stake in the city. Council comments: Turner-has received citizen comments preferring that the residency requirement remain in place; Stroud-has received citizen comments asking that the residency requirement remain in place and he feels the ordinance should not be changed; Teague-has received citizen contacts not in favor of changing the ordinance, but he feels it is in the best interest of the taxpayers who are paying the bills to repeal the ordinance-he asked that text on the proposed resolution be amended to include language that if a department head decides to sell their house and move while serving as department head, that they must move to the city; Turner-wants to add language that department heads must live within a certain number of miles; Hodge-has also received citizen comments and she feels the resolution should not be amended August 27, 2013 any further as far as the mileage issue as this should be part of the position’s job description. A motion was made by Gene Teague, seconded by Sharon Brooks Hodge, to modify the resolution language that in the event a department head employed by the City at any time changes residence while so employed, he or she shall be required to obtain residency in the City as a condition of continued employment. Mr. Turner made a substitute motion to add the mileage requirement. Mr. Turner’s substitute motion died for lack of a second. With a voice vote of 3-2, Council agreed to amend the residency resolution with the language above regarding a department head changing residence during employment. Mr. Stroud and Mr. Turner voted against amending the resolution. On a motion by Gene Teague, seconded by Sharon Brooks Hodge, with the following 3-2 recorded vote: Adkins, aye; Teague, aye; Hodge, aye; Stroud, nay; and Turner, nay, Council agreed to approve the following ordinance to repeal the residency requirement: August 27, 2013 On a motion by Gene Teague, seconded by Mark Stroud, with a 4-1 vote (Turner-nay), Council agreed to adopt the following resolution regarding employee residency as amended: Council Member Hodge left the meeting at 7:59pm terminating the remote telephone connection. Employee Service Awards: Mayor Adkins read the following list recognizing City Employees and Constitutional Employees eligible for Service Awards from July 1, 2013 through September 30, 2013: Andy Powers Fire Department 5 Eric Eggleston Police Department 5 Marcus Gravely Police Department 5 Reva Stockton Sheriff's Department 5 Cecil Lowe Housing/Community Development. 10 Tammy Davis Inspections 10 Brenda Eggleston Sheriff's Department 15 Sharon Echols Utility Billing 25 James Minter Police Department 30 Douglas Huston Public Works 35 August 27, 2013 Proclamation National Day to Serve: Mayor Adkins read the proclamation recognizing National Day to Serve September 2013. City Manager Leon Towarnicki briefed Council on events being planned by city employees for the Day to Serve projects through Grace Network, Red Cross, and Neighborhood cleanups. Proclamation Baby Safety Month: Mayor Adkins read the proclamation recognizing Baby Safety Month and made the presentation to Teresa Prillaman of the Martinsville Exchange Club. Proclamation National Payroll Week: Mayor Adkins read the proclamation recognizing National Payroll Week September 2-6, 2013. Set public hearing regarding home child care zoning amendment: City Attorney Eric Monday briefed Council on the amendments to the Zoning Ordinance related to home child care. Staff recommends that City Council consider setting a public hearing for Tuesday, September 24, 2013 on the proposed amendment to the Zoning Ordinance. Mayor Adkins recognized Mrs. Sharon Martin of Martin Family Day Center and congratulated her on the recognition from the Virginia Star Quality Initiative. On a motion by Gene Teague, second by Mark Stroud, with a 3-0 vote (Adkins-abstained), Council set the public hearing for September 24, 2013. Mayor Adkins abstained from this vote as she is subcontracted to work with Smart Beginnings. Resolution setting allocation percentage PPTRA: After comments from the Commissioner of Revenue, a motion was made by Gene Teague, seconded by Mark Stroud, with a 4-0 vote, to adopt the following resolution setting the allocation percentage for personal property tax relief for qualifying vehicles at 57.51% to fully use all state PPTRA funds allocated the City of Martinsville for tax year 2013: Consent agenda: On a motion by Gene Teague, seconded by Mark Stroud, with a 4-0 vote, Council approved the following consent agenda: BUDGET ADDITIONS FOR 8/27/13 ORG OBJECT DESCRIPTION DEBIT CREDIT FY13 August 27, 2013 General Fund: 01101917 442402 Categorical Other State - Confiscated Assets - C Atty 119 01221082 506105 Comm Atty - Conf Assets State 119 01101917 442401 Categorical Other State - Confiscated Assets - Police 358 01311085 506078 Police Dept - Conf Assets State 358 sale of seized vehicle processed through DCJS 01100909 490104 Advanced/Recovered Costs 3,000 01711210 501300 Recreation - Part-time & Temporary 3,000 Funds from NCI for summer intern Total General Fund: 3,477 3,477 BUDGET ADDITIONS FOR 8/27/13 ORG OBJECT DESCRIPTION DEBIT CREDIT FY14 General Fund: 01100909 490104 Advance/Recovered Costs 125 01321102 506130 Fire Dept. - Repair/Maint - Burn Building 125 Reimbursement from Patrick County 01100908 480410 Miscellaneous - Donations/Fire Department 500 01321102 506112 Fire Dept. - Fire Supplies 500 Donation 01100909 490104 Advance/Recovered Costs 100 01412141 506001 Engineering - Office Supplies 100 Reimbursement - Copies of Plans 1101917 442402 Categorical Other State - Confiscated Assets - C Atty 112 1221082 506105 Comm Atty - Conf Assets State 112 1101917 442401 Categorical Other State - Confiscated Assets - Police 335 1311085 506078 Police Dept - Conf Assets State 335 Total General Fund: 1,172 1,172 Electric Fund: 14100905 414209 Sales of Surplus Materials 16,673 14563338 506007 Substation Maintenance 16,673 Funds from GovDeals sales Total Electric Fund: 16,673 16,673 Capital Fund: 16100905 416209 Sales of Surplus Materials 11,142 16572362 508080 Fire Dept. - Tools/Equipment 11,142 Funds from GovDeals sales Total Capital Fund: 11,142 11,142 Business from floor: Ural Harris, 217 Stuart St.-comments regarding his disagreement with Council votes; Chad Martin-extended invitations to Community Softball Game on Sept. 7 and reported area youth will be painting picnic tables at the Rotary Escape Corner Park. Council comments: Stroud-encouraged the public to attend college football games and asked city staff check on the high curb at the Jiffy Car Wash; Turner-reminded citizens MHS football games start this week. City Manager comments: (1) Mr. Towarnicki reported on findings on possible Uptown restaurant locations for the September 9 Council Neighborhood meetings and advised that staff recommends the meeting be held at the former Druid Hills School to fulfill the intent that the Neighborhood meetings be held in the neighborhoods and considering that restaurants may feel one was chosen over another and given preference by Council. Council agreed by consensus with the staff suggestion. (2) Mr. Towarnicki reported the AMP questions have been forwarded to AMP and responses were received. He reported that once a quarter, beginning the second meeting in October, an update will be provided to Council on all utilities including electric, water, sewer, and refuse on any new information and trends in service and equipment needs. Mr. Turner reported he has sent a letter to the Ohio Attorney General on his own behalf to look into AMP power issues. Following are documents with AMP questions and responses received: August 27, 2013 There being no further business, the meeting adjourned at 8:45 pm. _______________________________ __________________________ Brenda Prillaman Kim Adkins Clerk of Council Mayor City Council Agenda Summary Meeting Date: October 8, 2013 Item No: 2. Department: City Council Issue: Presentation of proclamation recognizing Extra Mile Day 2013. Summary: The Extra Mile America Foundation asked that the City of Martinsville recognize Extra Mile Day 2013 to help in creating positive change in local communities through volunteerism. No one will be present at your meeting, however, the proclamation will be mailed to the organization after the recognition. Attachments: Proclamation Recommendations: Presentation only Extra Mile Day Proclamation November 1, 2013 WHEREAS, Martinsville, Virginia is a community that acknowledges that a special vibrancy exists within the entire community when its individual citizens collectively “go the extra mile” in personal effort, volunteerism, and service; and WHEREAS, Martinsville, Virginia is a community that encourages its citizens to maximize their personal contribution to the community by giving of themselves wholeheartedly and with total effort, commitment, and conviction to their individual ambitions, family, friends, and community; and WHEREAS, Martinsville, Virginia is a community that chooses to shine a light on and celebrate individuals and organizations within its community who “go the extra mile” in order to make a difference and lift up fellow members of their community; and WHEREAS, Martinsville, Virginia acknowledges the mission of the Extra Mile America Foundation to create 400 Extra Mile cities and states in America and is proud to support “Extra Mile Day” on November 1, 2013; NOW THEREFORE, I, Kim Adkins, Mayor, and City Council of Martinsville, Virginia, do hereby proclaim November 1, 2013 to be Extra Mile Day and urge each individual in our community to take time on this day to not only “go the extra mile” in his or her own life, but to also acknowledge all those around who are inspirational in their efforts and commitment to make their organizations, families, community, country, or world a better place. Kim Adkins Mayor City Council Agenda Summary Meeting Date: October 8, 2013 Item No: 3. Department: City Council Issue: Presentation of proclamation recognizing Woman’s Book Club Appreciation Month October 2013. Summary: Several members of the Woman’s Book Club as well as Rick Ward from the Blue Ridge Regional Library will be in attendance to accept the proclamation. Attachments: Proclamation Recommendations: Presentation only P R O C L A M A T I O N Whereas, the Woman’s Book Club of Martinsville and Henry County will celebrate the Centennial of its formation on October 16, 2013; and Whereas, 100 years ago, twenty friends dreamed of creating a public library for Martinsville; these women met monthly, forming the first Woman’s Book Club in Martinsville and collecting their purchased books which became the nucleus of a public library for the community; and Whereas, the Woman’s Book Club bought Liberty Bonds instead of books during World War I, this patriotism extending also to supporting the Red Cross, rolling bandages, knitting for the military, etc.; and Whereas, the Woman’s Book Club displayed outstanding dedication to their aim by opening a library in various remodeled venues at City Hall during the 1920’s and volunteering to keep it running; and Whereas, the Woman’s Book Club has furthered education by establishing prizes for excellence in various schools of the area and by donating dictionaries, texts, and reading books to classes in need of such items; and Whereas, the Woman’s Book Club has supported many other community projects such as a public park, a new hospital, Christmas Cheer, and Grace Network; and Whereas, the Woman’s Book Club continues to support the Blue Ridge Regional Library with memorial books in memory of deceased members and, in 2013, donated new E-books to help update its services; and Whereas, it is appropriate that we thank the Woman’s Book Club for its steady leadership as exemplified by its motto, “Let Knowledge Grow from More to More”; this leadership, as well as that of the following book clubs: the Book and Arts Club, El Libro, the Book Discussion Club, the Current Events Club, the Second Tuesday Book Discussion Group, and the Friends of the Library, has helped make Martinsville a wonderful place to live, work, and raise a family; Therefore, I, Kim Adkins, along with Martinsville City Council members, hereby calls this observance to the attention of all its grateful citizens and recognizes the month of October 2013 as Woman’s Book Club Appreciation Month Kim Adkins Mayor City of Martinsville, Virginia City Council Agenda Summary Meeting Date: October 8, 2013 Item No: 4. Department: City Council Issue: Presentation of resolution in memory of the late Chairman of the Pittsylvania County Board of Supervisors Marshall Eckers. Summary: Mayor Adkins will present the resolution at the meeting. Attachments: To be presented at meeting. Recommendations: Presentation only City Council Agenda Summary Meeting Date: October 8, 2013 Item No: 5. Department: Community Development Issue: Conduct public hearing and consider approval of ordinance, on second reading, regarding home child care zoning amendment. Summary: At present, the City of Martinsville allows home child care as a home occupation, caring for up to six (6) children as a use permitted by right in all residential and professional districts. The Virginia Department of Social Services (DSS) will license home child care for up to twelve (12) children. In recent years, DSS would issue a license to a home child care operator without requiring contact with the local Zoning office. Due to the inconsistency between the two offices, several home child care businesses have technically been in violation of our local statute. Officials with Smart Beginnings approached the City’s Zoning Office inquiring about an amendment to the Zoning Ordinance to bring the City more in line with the State’s license. Officials with Smart Beginnings worked with the City of Danville on this same issue in 2012 and that effort was very successful. The Planning Commission discussed this issue over several meetings. The Building Official/Fire Marshal, Commissioner of Revenue, and the DSS Licensing Office were consulted for their input on this subject. This endeavor has fostered a renewed working relationship between the offices that has been lacking in recent years. After several work sessions, the Planning Commission has finalized their recommendation on this issue. The recommendation is as follows: A. Amend the number of children permitted by right in a home child care from six (6) to five (5) non-related children. B. As a separate item, add home child care as a use permitted by special use permit for caring for between six (6) and twelve (12) non-related children. The Planning Commission held a duly advertised public hearing on July 18, 2013 and no one spoke against the amendment. Planning Commission voted unanimously (5-0) to send this amendment to City Council for their consideration. Staff recommends that City Council conduct the public hearing to gather input on the proposed amendment to the Zoning Ordinance and approve the ordinance. Attachments: Planning Commission Letter Proposed Amendment to the Zoning Ordinance Recommendations: Conduct public hearing and a motion to approve ordinance, on second reading, with a roll call vote. Martinsville A CITY WITHOUT LIMITS August 15, 2013 Mayor Kim Adkins Members of City Council City of Martinsville P. 0. Box 1112 Martinsville, VA 24114 RE: Amendment to the Zoning Ordinance (Home Child Care) Dear Mayor and City Council Members: The Planning Commission, at its meeting on July 18, 2013, conducted a duly advertised Public Hearing on a request by the City of Martinsville, for a proposed amendment to the Martinsville Zoning Ordinance related to home child care facilities. At the public hearing, it was noted that this request would decrease the number of children permitted by right in a home child care from six (6) to five (5) non-related children and would add home child care as a use permitted by special use permit for caring for between six (6) and twelve (12) non-related children. There were several positive public comments voiced at the public hearing. There were no public comments voiced against the amendment at the public hearing. The Planning Commission voted unanimously (5-0) to recommend the proposed amendment to City Council. The Planning Commission respectfully submits the recommendation for consideration. Yours Truly, James A. Crigger, Secretary Wayne O p . Knox Director of Community Development Ar cc: Timothy D. Martin, Chairperson James A. Crigger Jr., Secretary 55 West Church Street P.O. Box 1112 Martinsville, VA 24114-1112 276-403-5000 www.ci.martinsville.va.us PROPOSED AMENDMENTS – ZONING ORDINANCE (Strikethrough indicates deletion; italicized bold indicates addition) SECTION X: RESIDENTIAL DISTRICTS B. Uses permitted by right in the R-16 District. (4) Home child care operated as an incidental home occupation, caring for not more than six (6) five (5) non-related children, with an outdoor play area equivalent to at least one hundred (100) square feet per child and otherwise complying with requirements of the definition of a home occupation. D. Uses permitted by special use permit in the R-16 District. (7) Home child care operated as an incidental home occupation, caring for between six (6) and twelve (12) non-related children for less than a twenty-four (24) hour period, with an outdoor play area equivalent to at least one hundred (100) square feet per child, complying with the licensing requirements of the Commonwealth of Virginia, and otherwise complying with requirements of the definition of a home occupation. F. Uses permitted by right in the R-9 District. (14) Home child care operated as an incidental home occupation, caring for not more than six (6) five (5) non-related children, with an outdoor play area equivalent to at least one hundred (100) square feet per child and otherwise complying with requirements of the definition of a home occupation. H. Uses permitted by special use permit in the R-9 Residential District. [(7) Reserved.] Home child care operated as an incidental home occupation, caring for between six (6) and twelve (12) non-related children for less than a twenty-four (24) hour period, with an outdoor play area equivalent to at least one hundred (100) square feet per child, complying with the licensing requirements of the Commonwealth of Virginia, and otherwise complying with requirements of the definition of a home occupation. J. Uses permitted by right in the R-6 District. [12.]16. Home child care operated as an incidental home occupation, caring for not more than six (6) five (5) non-related children, with an outdoor play area equivalent to at least one hundred (100) square feet per child and otherwise complying with requirements of the definition of a home occupation. L. Uses permitted by special use permit in the R-6 Residential District. 11. Home child care operated as an incidental home occupation, caring for between six (6) and twelve (12) non-related children for less than a twenty-four (24) hour period, with an outdoor play area equivalent to at least one hundred (100) square feet per child, complying with the licensing requirements of the Commonwealth of Virginia, and otherwise complying with requirements of the definition of a home occupation. SECTION XI: PROFESSIONAL DISTRICTS B. Use permitted by right in the P-1 District. 8. Home child care operated as an incidental home occupation, caring for not more than six (6) five (5) non-related children, with an outdoor play area equivalent to at least one hundred (100) square feet per child and otherwise complying with requirements of the definition of a home occupation. D. Uses permitted by special use permit in the P-1 district. 7. Home child care operated as an incidental home occupation, caring for between six (6) and twelve (12) non-related children for less than a twenty-four (24) hour period, with an outdoor play area equivalent to at least one hundred (100) square feet per child, complying with the licensing requirements of the Commonwealth of Virginia, and otherwise complying with requirements of the definition of a home occupation. F. Uses Permitted by right in the P-2 District. 8. Home child care operated as an incidental home occupation, caring for not more than six (6) five (5) non-related children, with an outdoor play area equivalent to at least one hundred (100) square feet per child and otherwise complying with requirements of the definition of a home occupation. H. Uses permitted by special use permit in the P-2 District. 7. Home child care operated as an incidental home occupation, caring for between six (6) and twelve (12) non-related children for less than a twenty-four (24) hour period, with an outdoor play area equivalent to at least one hundred (100) square feet per child, complying with the licensing requirements of the Commonwealth of Virginia, and otherwise complying with requirements of the definition of a home occupation. J. Uses permitted by right in the RP-1 District. 8. Home child care operated as an incidental home occupation, caring for not more than six (6) five (5) non-related children, with an outdoor play area equivalent to at least one hundred (100) square feet per child and otherwise complying with requirements of the definition of a home occupation. L. Uses permitted by special use permit in the RP-1 District. 7. Home child care operated as an incidental home occupation, caring for between six (6) and twelve (12) non-related children for less than a twenty-four (24) hour period, with an outdoor play area equivalent to at least one hundred (100) square feet per child, complying with the licensing requirements of the Commonwealth of Virginia, and otherwise complying with requirements of the definition of a home occupation. Attest: ________________________________ Brenda Prillaman, Clerk of Council _______________ _______________ Date Adopted Date Effective City Council Agenda Summary Meeting Date: October 8, 2013 Item No: 6. Department: City Manager Issue: Hear an update from the Martinsville-Henry County Economic Development Corporation. Summary: Mark Heath of the EDC will give this update and answer any questions. Attachments: None Recommendations: No action required City Council Agenda Summary Meeting Date: October 8, 2013 Item No: 7. Department: Finance Issue: Consider approval of Resolution – Election Not to Participate in Virginia Local Disability Plan Summary: Consider adoption of a Resolution required by Virginia Retirement System to opt out of the Virginia Local Disability Program (VLDP). The 2012 General Assembly created VLDP for political subdivision employees who will be covered under the VRS Hybrid Retirement Plan effective January 1, 2014. Participation in VLDP is automatic unless City Council elects to opt out and provide a comparable employer-paid disability program effective Jan. 1. The comparable coverage must include short-term and long-term disability. The decision to participate or opt out is irrevocable. Attachments: Resolution Recommendations: Motion to adopt Resolution for Election Not to Participate in Virginia Local Disability Program. RESOLUTION Irrevocable Election Not to Participate in Virginia Local Disability Program WHEREAS, by enacting Chapter 11.1 of Title 51.1 of the Code of Virginia, the Virginia General Assembly has established the Virginia Local Disability Program (“VLDP”) for the payment of short-term and long-term disability benefits for certain participants in the hybrid retirement program described in Virginia Code § 51.1-169; and WHEREAS, for purposes of VLDP administration, an employer with VLDP- eligible employees may make an irrevocable election on or before September 1, 2013, requesting that its eligible employees not participate in VLDP as of the VLDP effective date of January 1, 2014, because it has or will establish, and continue to maintain, comparable employer-paid disability coverage for such employees that meets or exceeds the coverage set out in Chapter 11.1 of Title 51.1 of the Code of Virginia, with the exception of long term care coverage, by January 1,2014; and WHEREAS, it is the intent of City of Martinsville, Employer Code #55223, to make this irrevocable election to request that its eligible employees not participate in VLDP; NOW, THEREFORE, IT IS HEREBY RESOLVED that City of Martinsville irrevocably elects not to participate in VLDP because it has or will establish, and continue to maintain, comparable employer-paid disability coverage for such employees; and it is further RESOLVED that, as an integral part of making this irrevocable election, City of Martinsville certifies that it has or will establish, and continue to maintain, comparable employer-paid disability coverage for such employees. Adopted in ________________, Virginia this _____ day of ___________, 2013. ______________________________________ Authorized Signature Title City Council Agenda Summary Meeting Date: October 8, 2013 Item No: 8. Department: Finance Issue: Consider approval of payroll deduction employee computer purchase program. Summary: The Martinsville City and School Administrations are taking preliminary steps in offering a payroll deduction employee computer purchase program again this year, partnering with Henry County. Under this program, the City and School will front- fund the cost and employees will have the opportunity to purchase computers and I Pads (exact items yet to be determined) with the cost, including applicable sales tax, recovered through six monthly payroll deductions from January through June 2014. The benefit to employees will be the cost savings realized through a bulk purchase program with six-month no-interest financing through payroll deduction payments. The City will not provide a warranty for any units purchased. Any warranty, software, or other issues will be strictly between the purchaser and the manufacturer. Attachments: None Recommendations: Motion to approve employee purchase program and appropriation of funds, said funds to be recovered through payroll deduction. The specific amount will be announced after all orders are received. City Council Agenda Summary Meeting Date: Oct. 8, 2013 Item No: 9. Department: Finance Issue: Consider approval of consent agenda. Summary: The attachments amend the FY14 Budget with appropriations in the following funds: FY14: General Fund: $5,668 – Recovered Costs & Donation School Fund: $83,408 – State & Private Grants Attachments: Spreadsheet Recommendations: Motion to approve. BUDGET ADDITIONS FOR 10/08/13 ORG OBJECT DESCRIPTION DEBIT CREDIT FY14 General Fund: 01100909 490104 Advance/Recovered Costs 2,068 01331108 501300 Sheriff/Corrections - Part-time & Temporary Wages 1,510 01331108 502100 Sheriff/Corrections - Social Security 94 01331108 502110 Sheriff/Corrections - Medicare 22 01331108 506008 Sheriff/Corrections - Vehicle Equipment & Maint. 302 01331110 506200 Sheriff/Annex - Prisoner Allowance 140 Reimbursement from Henry County for litter pickup - August 01100908 480410 Donations - Fire Department 1,500 01321102 505230 Fire Department - Telecommunications 1,500 Donation 01100909 490104 Advance/Recovered Costs 600 01321102 505500 Fire Dept - Travel/Training 100 01321102 506130 Fire Dept - Prof. Services - Rep/Maint Burn Building 500 Reimbursement from Gretna Vol. Fire Dept 01100909 490104 Advance/Recovered Costs 1,500 01221082 501300 Commonwealth's Attorney - Part-time/Temporary Wages 1,500 NCI Intern reimbursement Total General Fund: 5,668 5,668 SCHOOL FUND 18103919 489904 Dominion Foundation 4,000 71001100 566000 Materials and Supplies 3,428 71001100 566056 Non-Cap Equipment 572 18101918 480303 School Security Equipment Grant 79,408 80004600 568200 Non-Capital Equipment 79,408 Total School Fund: 83,408 83,408

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