City Council
Regular MeetingMartinsville, VA · October 8, 2013
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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