City Council

December 10, 2013 The regular meeting of the Council of the City of Martinsville, Virginia, was held on December 10, 2013, in Council Chambers, Municipal Building, at 7:30PM, Closed Session beginning at 7:00PM, with Mayor Kim Adkins presiding. Council Members present included: Mayor Kim Adkins, Vice Mayor Gene Teague, Mark Stroud, Sharon Brooks Hodge and Danny Turner. Staff present included: Leon Towarnicki, City Manager, Brenda Prillaman and Eric Monday. 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 Sharon Brooks Hodge, with the following 5-0 recorded vote: Adkins, aye; Teague, aye; Stroud, aye; Hodge, aye; and Turner, aye, Council convened in Closed Session, for the purpose of discussing the following matters: (A) Appointments to boards and commissions as authorized by Subsection 1. (B) Consultation with legal counsel and briefings by staff members, attorneys or consultants pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by such counsel, as authorized by Subsection 7. Council then returned to open session. 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 Sharon Brooks Hodge, seconded by Mark Stroud, with the following recorded 5-0 vote: Adkins, aye; Teague, aye; Stroud, aye; Hodge, aye and Turner, aye, Council returned to Open Session. Action taken: On a motion by Danny Turner, seconded by Gene Teague, with a 5-0 vote, Council re- appointed Joseph A. Martin, 27 E. Church St., to the Transportation Safety Commission for a 4 year term ending 12/31/17. On a motion by Danny Turner, seconded by Gene Teague, with a 5-0 vote, Council appointed Steve M. Draper, 1911 Dundee Lane, to the Dan River ASAP Board for a 3 year unexpired term ending 4/30/15. On a motion by Sharon Brooks Hodge, seconded by Mark Stroud, with a 5-0 vote, Council adopted the following resolution authorizing the City Manager to sign VDOT documents for the repair of the Commonwealth Boulevard Bridge: December 10, 2013 Following the invocation by Council Member Mark Stroud and Pledge to the American Flag, the Mayor welcomed everyone to the meeting. Reversion process overview from City Attorney: Mr. Monday presented the following information: Reversion to Town Status Reversion Process If a Petition is filed: City with population of less than 50,000 Study Will not substantially impair the ability of Discuss Filed with Commission on Local the County to serve its residents Decide what to do: Government Will not cause a substantially inequitable Nothing Evidence filed with petition sharing of resources and liabilities Further study, discussion “Trial” conducted, public hearings held Is in the best interests of all affected Negotiation (County unwilling to Commission issues opinion as to whether persons, based on a balancing of equities negotiate) reversion may proceed Is in the best interests of the Decide what, if any, conditions that City Parties may decide to negotiate Commonwealth in promoting viable should become Town, then . . . 9-12 months local governments File with Commission on Local Government (council resolution) If Commission says reversion may proceed: Voting Rights Voting Rights (Continued) Va. Supreme Court appoints three non- * Supreme Court recently held that Voting local judge panel Rights Act (VRA) preclearance of voting *With regard to reversion, redistricting Trial conducted (2-3 days) changes cannot be enforced until Congress would occur after the City became a town. Court issues order: has discretion to amends “coverage” criteria, but VRA still District composition would not be able to “balance equities” (6-9 months) prohibits “vote dilution.” be considered as part of the reversion Ruling may be appealed to Va. Supreme *County must comply with VRA in process. Court (12 months) redrawing election district lines for *If a solution were negotiated (Clifton City has 21 days after final ruling to reject supervisors and school board members. Forge), then districts’ composition could reversion (cannot revert for 5 years) *1975 Supreme Court case – new election be agreed upon and approved prior to Parties may negotiate an alternative plan must fairly reflect minority voting reversion. solution at any time before order is final strength in post-annexation locality Referendum on Reversion is only Referendum on Reversion -Continued authorized by state law. Option 2: Conduct an advisory Current state law does not allow a referendum: referendum on reversion. No authority to conduct Option 1: Request General Assembly to Non-binding—really a public-opinion poll allow a referendum: “City’s dime, on City time” Change in general law, or a charter Cannot use official ballots amendment Cannot be on official election day Decision on where in reversion process Cannot use voting machines—must be referendum would occur rented, or paper ballots Unrealistic to expect County to be Can probably use precincts, poll-workers excluded on reversion referendum Purchase voter list to convert into poll book City Manager Leon Towarnicki gave a brief overview of the reversion study and highlighted options and savings projected. Mayor Adkins shared her thoughts on previously shared comments, different views and opinions on the reversion study and she respectfully asked that if any comments tonight are the same as those already voiced to come forward first. Mayor Adkins then opened the session for public comment on the reversion study: Mary Martin, resident of Henry County-concerns with annexation impact and too many unanswered questions to go forward now; J. C. Richardson of Mt. Sinai Church-concerns that not enough citizen participation in process; Deborah France-416 Swanson-concerns that reversion won’t be good to the citizens, only the businesses; Ural Harris-217 Stuart St.-comments that reversion is the most palliative option the city has; former Mayor Barry Greene-reviewed history of merger studies that have occurred over the last 60 years noting conclusions: cost effective, quality education improves, students will attend schools near their home, government services would be cut to pay for to support schools. Mr. Greene stated the citizens cannot afford to support duplicate services and now is an historical opportunity to consolidate; Betty Hilton- need to find a way to pay bills; James Hagwood-undecided now, but reversion could springboard us to prosperity; Deborah France-need to keep money here; Tony Millner-need public meetings and citizen input; December 10, 2013 Louise Niblett-503 Second St.-commented on sewer issue. Mayor Adkins closed public comment period and asked for Council comments on reversion. Turner-city cannot stay on current path as we need to stop duplication and to fund capital needs and he supports reversion going forward. Stroud-feels the political will won’t allow reversion and he does not support going forward with reversion. Mayor Adkins-read prepared comments proposing that we table the reversion decision and use analysis for efficiencies as a plan to set a new direction; she also made a public apology to Council Member Hodge. During discussion, City Attorney Eric Monday pointed out that statements regarding conflict of interest are on file for Mayor Adkins whose husband is a school employee and Council Member Stroud whose wife is a school employee. A motion was made by Sharon Brooks Hodge to table the reversion issue and then withdrew her motion for lack of a second. Teague-reviewed how the city got here and pointed out reversion is inevitable and is in the best interest of the taxpayer and that city residents should continue looking at reversion as it would mean they would be paying less taxes and should be able to keep existing services. A motion was made by Danny Turner to petition the state Local Government Commission for reversion and was seconded by Gene Teague. With a vote of 3-2, the motion was defeated. (Stroud-nay; Adkins-nay, Hodge-nay, Turner-aye, Teague-aye). Stroud-comments on hopes to be able to dredge hydro pond and install solar panels and noted the job announcement today is promising; Teague-asked staff to provide future forecasts for budgets so Council will have information; Hodge- encouraged citizen participation and to continue providing Council with suggestions on budget issues. Mustangs update and approval of contract for management services. Mayor Adkins announced a change in agenda order regarding Mustangs. Jesse Cole, Ken Silver, and Tyler Parsons were present and updated Council on the 2013 Season noting season ticket sales increased tremendously. Mr. Towarnicki briefed Council on highlights of the contract. Danny Turner made a motion, with a second from Gene Teague, to approve executing the contract with a vote of 4-1 (Hodge-nay). After a clarification on youth baseball opportunities available, Council Member Hodge changed her vote to aye, so the final vote on the executing the Mustangs contract is 5-0. Following is the signed contract: December 10, 2013 Inspections Department update: In an effort to respond to comments from the public and Council regarding administration of the City’s Nuisance Ordinance, City staff revised the process to reduce the amount of time necessary to abate complaints and improve the tracking process. Additional changes will be implemented regarding notification of property owners for repeat complaints, as well as enforcement of backyard complaints as indicated in the following slide presentation: Concerns/Needs to Address Time of process from complaint-abatement Receive Abatement Reinspection Phase 1 complaint Phase 2 by owner Phase 3 Repeat offenders Abatement Tracking of complaints Verify Plan of by City Landlords dumping entire home contents at street Notice action (City Backyard enforcement (Owner controlled) (City controlled) controlled) Nuisance Ordinance Enforcement Changes Involve additional City staff in taking complaints, inspections, and notification of owners; Training of staff to occur to ensure consistency Posting of property at time of inspection to provide notice and start the abatement process Record data in program designed to track all information associated with the complaint Notify crew to abate violation at time of reinspection – Either internally (PW or Sheriff) or contract, with collection of fees used to provide on-going funds for the program December 10, 2013 Data Tracking Expected Results Date received Date of inspection Additional staff will allow for inspection within 48 hours of Received by Inspection results receipt of complaint, and reinspection within 48 hours of Complainant’s info Reinspect date deadline Date of follow-up Reinspection results Staff can be proactive with enforcement to carry out daily duties Type of complaint Abatement date Time for mailing notices will be eliminated Inspector assigned Date closed All data can be retrieved as needed: time to inspect, abate, Date assigned Invoice submitted reinspect, recurring violations, etc. Database will allow for tracking of repeat offenders to access escalating penalties Backyard Enforcement Staff will inspect rear yards not visible from ROW Inspections & Code Enforcement Division of MF & EMS From the complainant’s property Fire Marshal/Building – Ted Anderson Prioritize these properties (276) 403-5202 twanderson@ci.martinsville.va.us Present recommendations to Council for enforcement action (up Deputy Building Official – Kris Bridges (276) 403-5171 to 4 per FY) kbridges@ci.martinsville.va.us Council will have the opportunity to declare violation(s) as a Deputy Fire Marshal/Property Maintenance Official – Andy public nuisance to aid in enforcement action. Powers (276) 403-5202 apowers@ci.martinsville.va.us Permit Technician – Tammy Davis (276) 403-5173 tdavis@ci.martinsville.va.us Business from the Floor: Ural Harris, 217 Stuart St.-spending should be cut; Wayne Knox-distributed information to Council on the 2014 Comprehensive Economic Development projects for their review for discussion at the January 14, 2014 meeting; Eric Monday-reported his reasoning for moving out of camera view during televised Pledge of Allegiance at beginnings of Council meetings. Comments by Council members: Turner-thanked Vice Mayor Teague for his explanation on reversion and he expressed Christmas wishes to citizens. Stroud-expressed hope that right decision has been made on reversion and extended Christmas wishes; Teague-extended Christmas wishes; Hodge-asked that concerns of Ms. Niblett at 403 Second Street be investigated and noted she has completed her first year on Council and thanked citizens. Comments by City Manager: (1) CGI community video is being produced at no cost to city and businesses are being contacted. Council Member Hodge asked that video be inclusive and kept control over diversity. (2) Budget process has begun and will be presenting to Council first week in April. (3) great announcement today from Solid Stone Fabrics and reported news received today that the city was awarded the grant for the Henry Hotel project. There being no further business, the Council meeting adjourned at 10:30pm. _______________________________ __________________________ Brenda Prillaman Kim Adkins Clerk of Council Mayor