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City Council

Regular Meeting

Martinsville, VA · March 11, 2014

AgendaMinutes

Minutes

March 25, 2014 The regular meeting of the Council of the City of Martinsville, Virginia, was held on March 25, 2014, 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, Sharon Brooks Hodge, Mark Stroud and Danny Turner. Staff present included: Leon Towarnicki, City Manager, Eric Monday, Eddie Cassady, Wayne Knox, Dennis Bowles, Cindy Barbour and Linda Conover. Mayor Adkins called the meeting to order and advised Council will go into Closed Session. In accordance with Section 2.1-344 (A) of the Code of Virginia (1950, and as amended) and upon a motion by Gene Teague, seconded by Sharon Brooks Hodge, with the following 5-0 recorded vote: Adkins, aye; Teague, aye; Hodge, aye; Stroud, aye; and Turner, aye, Council convened in Closed Session, for the purpose of discussing the following matter: (A) The condition, acquisition, use or disposition of real property as authorized by Subsection 3. 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 Mark Stroud, seconded by Sharon Brooks Hodge, with the following recorded 5-0 vote: Adkins, aye; Teague, aye; Hodge, aye; Stroud, aye; and Turner, aye, Council returned to Open Session. Following the invocation by Council Member Stroud and Pledge to the American Flag, the Mayor welcomed everyone to the meeting and announced an agenda change as the update from the Farmers Market is to be rescheduled. Proclamation-Raymond Carr-Electoral Board: Mayor Adkins presented a proclamation to Raymond Carr in honor of his service on the City Electoral Board. Proclamation Child Abuse Prevention Month: Mayor Adkins presented a proclamation to the Exchange Club recognizing Child Abuse Prevention Month. Proclamation Sexual Assault Awareness Month-Mayor Adkins presented a proclamation to Citizens Against Family Violence recognizing Sexual Assault Awareness Month. Adopt resolution recognizing M-HC Chamber of Commerce: At its March Board meeting, the United States Chamber of Commerce awarded the Martinsville-Henry County Chamber of Commerce with a 5- Star Accreditation for its sound policies, effective organizational procedures, and positive impact on the community. Accreditation with the U.S. Chamber of Commerce is a prestigious honor that distinguishes the high quality, expertise, and strong leadership displayed by accredited state and local chambers of commerce. To receive accreditation, a chamber must demonstrate quality programs, clear organizational procedures, and effective communications by meeting minimum standards in its operations and programs, including areas of governance, government affairs, and technology. The M-HC Chamber was one of nine chambers receiving national accreditation at the meeting, and only one of six receiving the 5-Star designation. Local and regional chambers are rated as “Accredited”, or “Accredited with 3, 4, or 5 Stars”. The M-HC Chamber is also only one of only five chambers in Virginia to earn this distinction and accredited chambers represent the top 3 percent of all chambers nationally. On a motion by Gene Teague, seconded by Danny Turner, with a 5-0 vote, Council adopted the following resolution recognizing the Chamber of Commerce: WHEREAS, the Martinsville-Henry County Chamber of Commerce was founded in 1959 and is located at 115 Broad Street in Martinsville, VA to serve Martinsville and Henry County businesses; and WHEREAS, the Martinsville-Henry County Chamber of Commerce programs are designed to encourage a strong local economy by creating an environment where businesses thrive and community and commerce work together for the future of Martinsville-Henry County; and March 25, 2014 WHEREAS, the Martinsville-Henry County Chamber of Commerce acts as a voice for businesses in the region while also providing opportunities for networking, collaboration, and increased community exposure; and WHEREAS, at its March Board meeting, the United States Chamber of Commerce awarded a prestigious 5-Star Accreditation to the Martinsville-Henry County Chamber of Commerce for its sound policies, effective organizational procedures, and positive impact on the community; and WHEREAS, this 5-Star Accreditation distinguishes the high quality, expertise, and strong leadership displayed by a chamber of commerce and the Martinsville-Henry County Chamber of Commerce is only one of the only five chambers in VA to earn this distinction and represents the top 3 percent of all chambers nationally; NOW, THEREFORE BE IT RESOLVED, on this 25th day of March, 2014, the Martinsville City Council does hereby commend the leadership of the Martinsville-Henry County Chamber of Commerce on this outstanding achievement and commends the diligent work of the Chamber staff and many community volunteers in providing programs benefiting the local economy and positively influencing the entire community. Conduct public hearing on Northside Neighborhood Revitalization Project: Wayne Knox briefed Council on the Northside Neighborhood Revitalization Project noting that a requirement of the application process is to conduct a public hearing regarding the proposed neighborhood improvements which were pointed out on maps provided to Council denoting housing characteristics/conditions and estimated costs of the improvements, both CDBG and in–kind. After Council discussion, Mayor Adkins opened the public hearing and hearing no comments, the Mayor closed the public hearing. On a motion by Gene Teague, seconded by Danny Turner, with a 5-0 vote, Council adopted the following resolution authorizing City Administration to submit an application to the Department of Housing & Community Development for a Comprehensive Improvement Grant for the Northside Neighborhood: WHEREAS, the City of Martinsville has previously participated in the Small Cities Community Development Block Grant (CDBG) program as administered by the Virginia Department of Housing Community Development (DHCD) in order to address the City’s priority community development needs; and WHEREAS, the City is eligible for and wishes to submit a 2014 Community Development Block Grant application for the Northside Neighborhood Revitalization Project for a total of $943,904 in CDBG funds to VDHCD on or by March 26, 2014; and WHEREAS, the City of Martinsville has prioritized revitalization of the Northside neighborhood as a continuation of the City’s efforts to improve housing conditions for its residents; and WHEREAS, the City applied for and received a CDBG Planning Grant in the amount of $30,0000 from DHCD to further investigate needs, develop a proposed improvement program and budget, and identify additional funding resources to implement said program; and WHEREAS, the City conducted public meetings; formed a Project Management Team; completed a physical needs assessment of the Project Area; conducted a Housing Occupancy Survey of the owner-occupants and tenant-occupants within the Northside Neighborhood Project Area; and completed a Preliminary Engineering Report (PER) for improvements to the drainage infrastructure and streets; and WHEREAS, a Northside Neighborhood Revitalization Project for physical improvements has been developed by the City in cooperation with property owners and related stakeholders pursuant to requirements for funding set forth by DHCD including a report on the estimated housing rehabilitation costs within the final delineated project area; a preliminary Housing Rehabilitation Program Design; and a Preliminary Engineering Report (PER) with cost estimates for improvements to the storm water infrastructure and streets in the Project Area; and WHEREAS, the Martinsville Redevelopment and Housing Authority will partner with the City on this project and adopt a Conservation Area under Title 36, Code of Virginia, to expedite the acquisition of vacant properties in the Northside Neighborhood; and WHEREAS, the proposed Housing Rehabilitation Program will provide benefit for ten (10) LMI owner-occupied housing units (totaling eighteen persons) and the proposed Homeownership Creation Program will provide benefit to nine (9) households (totaling an estimated twenty LMI persons) through the acquisition, rehabilitation, and resale of currently vacant units utilizing Neighborhood Stabilization Program (NSP) funds and CDBG funds; and WHEREAS, infrastructure improvements as identified in the PER will include improving storm drainage along Franklin Street through the installation of drop inlets, curb and gutter, and storm drain piping; improving street surfaces for Dillard Street, Ruffin Street, Franklin Street and Warren Court; and extending paved driveway access to houses along Dillard Street and Franklin Street; and WHEREAS, the City of Martinsville has properly advertised and conducted public hearings on February 25, 2014 and March 25, 2014 which addressed the CDBG program and the CDBG project application, thereby meeting CDBG citizen participation requirements; and WHEREAS, the residents and property owners in the Northside Neighborhood Project Area and the Management Team have requested the City to proceed with resolving the problems identified in the Northside Neighborhood Project Area and in securing necessary funding to carry out the Northside Neighborhood Revitalization Project. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Martinsville, Virginia that: 1. The City of Martinsville wishes to apply for a 2014 CDBG Community Improvement Grant in the amount of $943,904 for the Northside Neighborhood Revitalization Project; and hereby commits $233,000 of City funds for the installation of 650 lf of storm drain, five (5) junction manholes, 2,750 lf of curb and gutter, and two (2) drop inlets; and the resurfacing of Franklin Street, Ruffin Street, and Warren Court within the project area boundaries; for a total project cost of $1,176,904. 2. The City hereby authorizes the City Manager, the City’s chief administrative official, to execute and file all appropriate documents necessary for submission of the City of Martinsville’s 2014 Community Development Block Grant application on or before March 26, 2014 and to provide such additional information as may be required by the Virginia Department of Housing and Community Development. City Council recessed and reconvened as Martinsville Redevelopment & Housing Authority to conduct public comment period on possible transfer of Housing Choice Program: Wayne Knox briefed Council on the March 25, 2014 possible transfer of the administration of the Housing Choice Voucher Program. The Housing Choice Voucher Program, aka Section 8 Rental Assistance, dates back to 1970’s and has always fulfilled a great need in Martinsville-Henry County and at one time covered Patrick County. The program began as a conduit of federal funds through the Virginia Housing Development Authority and around 2003 started going directly to HUD. As time moved on and regulations changed, the cost of administering the program has increased and varying funding formulas followed causing an operating deficit or at times, just barely breaking even. As one of the cost–cutting actions, we have reached out to a neighboring public housing authority, Danville Redevelopment & Housing Authority, for help. As per HUD regulations, the transferring of program administration can only be accomplished with another public housing authority. The closest one adjacent to us is DRHA. With the approval of City Council sitting as the Martinsville Redevelopment and Housing Authority, the first step in the approval process from HUD will begin. The board of directors for the Danville Redevelopment & Housing Authority must also officially approve such a transfer. After discussion period, Housing Authority Chairman Adkins opened the public comment period. No public comments were made and the comment period was closed. On a motion by Gene Teague, seconded by Mark Stroud, with the following recorded vote Adkins, aye; Teague, aye; Hodge, aye; Stroud, aye; and Turner, aye, the Authority approved the following resolution authorizing staff to submit the necessary document, along with Danville Redevelopment & Housing Authority’s paperwork to HUD for transferring the administration of the Housing Choice Voucher Program to DRHA: Martinsville Redevelopment & Housing Authority adjourned and Martinsville City Council re-convened. Presentation on impact of seasonal power costs: Dennis Bowles presented information to Council regarding the City’s purchased power bill which includes all power customers’ usage. March 25, 2014 March 25, 2014 Mr. Bowles pointed out power costs are more than current rates will cover and were primarily driven by the January power bill and the last three months outdoor temperatures. There was lengthy Council discussion on power rates and having a diversified strategy. Staff recommended a power cost adjustment increase from the current .0068 cents to .01215 cents per kWh effective April 1, 2014. A motion was made by Council Member Turner to join with Danville and Bedford in requesting an itemized bill and a complete AMP audit through the Attorney General. The motion died for lack of a second. A motion was made by Gene Teague, seconded by Sharon Brooks Hodge, with a 4-1 vote (Council Member Turner-nay), to approve the PCA (power cost adjustment) of 5.07% for 1,000 kWh to be reflected on bills rendered on or after May 1, 2014. The present PCA will increase from .0068 cents to .01215 cents per kWh, effective May 1, 2014. Mr. Bowles also pointed out that the rate stabilization fund needs future Council action by a resolution to terminate the fund. Set public hearing regarding Zoning Ordinance: Wayne Knox briefed Council on zoning ordinance amendments. Community Development has received inquiries from potential business owners regarding newer uses of land than the City’s Zoning Ordinance currently allows. One example is potentially operating a hydroponic facility within the City. At present, the City of Martinsville’s Zoning Ordinance is a permissive ordinance, meaning if a specific land use is not explicitly listed as permitted by right or by special use permit in the individual district, then it is not allowed. The Zoning Ordinance is currently being reviewed in its entirety as part of the update budgeted for FY14 and FY15. A major goal of the update is to be more flexible with new businesses and new land uses. Staff submits the proposed amendment as a reasonable way to accommodate new hybrid light/industrial commercial development in the interim prior to the adoption of the new ordinance. The Planning Commission held a duly advertised public hearing on March 4, 2014. No one spoke for or against the amendment during the public hearing and the Planning Commission voted unanimously (7-0) to send this amendment to City Council for consideration. On a motion by Gene Teague, March 25, 2014 seconded by Sharon Brooks Hodge, with a 5-0 vote, Council agreed to set the public hearing for April 22, 2014 regarding the proposed amendments to the Zoning Ordinance. Hear Finance Report: Linda Conover, Finance Director, briefed Council with the following information: FY14 – Revenues & Expenditures through Feb. 28, 2014; Combined Balance Sheet; Projected Fund Balance Exclusive of School and Special Revenue funds, actual revenues were $38,058,521, representing 103.9% of the anticipated $36,621,311 through the second quarter, ending February 28th. Receiving seven months proceeds, Local Sales/Use Taxes collected through February 28th are ahead of anticipated by $20,925, for total receipts of $1,129,385. Utility revenues were mixed with Refuse and Electric Funds’ receipts being greater than anticipated, and MINet/Fiber Optic, Water, and Sewer Funds’ receipts being a little less than anticipated. Actual expenditures were $42,382,816, which is greater than the anticipated amount by $634,017. The “actual” figures include all outstanding encumbrances of $1,105,294. As of February 28th, the current total combined Fund Balance and Net Position is $16,091,103, a decrease from FY13 of $5,035,174. Available cash-on-hand February 28th for City Funds was $11,683,238. If all budgeted and re-appropriated funds for FY14 are realized and expended, the year-end Fund Balance and Net Position is projected to be $14,616,551 – a decrease from FY13 year-end of $6,509,726. Exclusive of Utility Funds and based upon this projection, the unassigned Fund Balance would be $3,037,625, 9.4% of the budgeted General Fund expenditures for FY14. Approval of 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 3/25/2014 ORG OBJECT DESCRIPTION DEBIT CREDIT FY14 General Fund: 01100909 490104 Advanced/Recovered Costs 501 01125046 503600 Finance Director - Advertising 501 Recovered Costs for Refunding Series advertising 01100909 490104 Advanced/Recovered Costs 500 01321102 501200 Fire Department - Overtime Wages 464 01321102 502100 Fire Department - Social Security 29 01321102 502110 Fire Department - Medicare 7 Reimbursement - Stuart Fire Dept. 01100909 490104 Advanced/Recovered Costs 50 01100908 480410 Donations - Fire Department 200 01321102 505500 Fire Department - Travel & Training 250 Reimbursement/Donation for Travel/Training Total General Fund: 1,251 1,251 Refuse Fund: 09100908 482806 Miscellaneous - Renewable Energy Credits 80,628 09425302 508220 Landfill - Physical Plant Expansion 80,628 Funds realized from the production of power Total Refuse Fund: 80,628 80,628 CDBG Fund: 47102926 447061 Categorical Federal - NCI Community Improvement Grant 485,962 47833380 503140 NCI - CIG - Prof. Service - Eng. & Arch. 10,000 47833380 503191 NIC - CIG - Contractors 475,962 Pass-through funding for New College 47103919 443136 Grant - Private - Phoenix Façade Grants 8,578 47823521 506325 Uptown - Phoenix Façade Program 8,578 Pass-through funding for Façade Program 47103919 443138 Grant - Private - Phoenix Paradise Planning Grant 387 47824284 503130 Paradise Planning Grant - Prof. Services-Mngmt Consult 387 Shared cost for Planning Grant Total CDBG Fund: 494,927 494,927 March 25, 2014 Review outside agency semi annual reports: Copies of semi-annual reports submitted from outside agencies that received FY14 funding were provided to Council for review and information. Business from floor: Ural Harris, 217 Stuart St.-comments on electric rates and AMP costs. City Employee Richard Young of Cascade asked that Council investigate his constitutional rights regarding religious liberty. City Attorney Eric Monday responded this is a personnel matter and Council would be provided a confidential memo response. Five people present at the meeting spoke in support of Richard Young. Council comments: Turner-expressed condolences on passing of Doug Chappell and commended Checkered Pig for their award; Stroud-comments on ACC scores and appreciated Mr. Young’s friends speaking up for him; Hodge-Council has no control over personnel matter and commends Mr. Young for publically acknowledging his faith; Adkins-publically commended MHS basketball team for their achievements and kudos to Jeff Adkins. City Manager comments: (1)announced Neighborhood Tour of Westside at 5:30 and Westside Neighborhood meeting at 7:30 at Housing Office on April 7, 2014 (2)asked for Council input on format of budget worksessions-Hodge asked any agency with increased funding make a presentation and Teague asked for information on MINET and Electric and Water/Sewer. (3)staff is continuing to work on scheduling a Council tour of the NCI facility. There being no further business, the meeting adjourned at 10:35pm. _______________________________ __________________________ Brenda Prillaman Kim Adkins Clerk of Council Mayor

Agenda

AGENDA--CITY COUNCIL -- CITY OF MARTINSVILLE, VIRGINIA Council Chambers – Municipal Building 7:00 pm CLOSED SESSION 7:30 pm regular session Tuesday, March 11, 2014 7:00pm--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. A prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business’ or industry’s interest in locating or expanding its facilities in the community as authorized by Subsection 5. B. Appointments to boards and commissions as authorized by Subsection 1. 7:30pm-Regular Session Invocation & Pledge to the American Flag—Vice Mayor Gene Teague 1. Consider approval of Council meeting minutes December 10, 2013 called meeting and December 10, 2013 regular meeting. (2 mins) 2. Hear a report from the Fire Department regarding the fire that occurred at the former American Furniture plant on Aaron Street on Monday, March 3, 2014. (10 mins) 3. Consider possible transfer of administration of the City’s Section 8 Housing Choice Voucher Program to Danville Redevelopment & Housing Authority. (15 mins) 4. Consider approval of an agreement transferring management of the West Piedmont Business Development Center to the Martinsville-Henry County Chamber of Commerce’s Partnership for Economic Growth (C-PEG) effective April 1, 2014. (20 mins) . 5. Consider authorizing expenditures for certain purchases and projects for which partial funding was appropriated in the FY14 Budget with the understanding that remaining funding will be appropriated in the FY15 Budget. (10 mins) 6. Consider approval of consent agenda. (2 mins) 7. 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. 8. Comments by members of City Council. (5 minutes) 9. Comments by City Manager. (5 minutes) City Council Agenda Summary Meeting Date: March 11, 2014 Item No: 1. Department: Clerk of Council Issue: Consider approval of minutes of City Council meetings December 10, 2013 (9:30am) called meeting and December 10, 2013 (7:30pm) regular meeting. Summary: None Attachments: December 10, 2013 minutes called meeting 9:30am December 10, 2013 minutes regular meeting 7:30pm Recommendations: Motion to approve minutes as presented. December 10, 2013 A called meeting of the Council of the City of Martinsville, Virginia, was held on December 10, 2013, in Council Chambers, Municipal Building, at 9:30 AM, Closed Session beginning at 9:30 AM, 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 Gene Teague, seconded by Mark Stroud, with the following 5-0 recorded vote: Adkins, aye; Teague, aye; Stroud, aye; Hodge, aye; and Turner, aye, Council convened in Closed Session, for the purpose of discussing the following matters: (A) Discussion of the award of a public contract involving the expenditure of public funds, including interviews of bidders or offerors, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body as authorized by Subsection 29. (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 Mark Stroud, seconded by Sharon Brooks Hodge 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 Gene Teague, seconded by Danny Turner, with a 5-0 vote, Council agreed to authorize the City Manager to execute the performance agreement with Solid Stone Fabrics: December 10, 2013 There being no further business, the Council meeting adjourned at 10:00 AM for a press conference regarding the Solid Stone Fabrics expansion. _______________________________ __________________________ Brenda Prillaman Kim Adkins Clerk of Council Mayor 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 City Council Agenda Summary Meeting Date: March 11, 2014 Item No: 2. Department: Fire Department Issue: Hear a report from the Fire Department regarding the fire that occurred at the former American Furniture plant on Aaron Street on Monday, March 3rd. Summary: The Fire Department will provide a brief update for Council and the public regarding activities related to their response to the fire that occurred on Monday, March 3rd at the former American Furniture plant on Aaron Street. Attachments: None Recommendations: None/no action needed – this item is on Council’s agenda for information purposes only. City Council Agenda Summary Meeting Date: March 11, 2014 Item No: 3. Department: Community Development Issue: Consider possible transfer of administration of the City’s Section 8 Housing Choice Voucher Program to Danville Redevelopment & Housing Authority. Summary: In reviewing the history of the Housing Choice Voucher Program, aka Section 8 Rental Assistance, which dates back to the 1970’s, the program has always fulfilled a great need in Martinsville / Henry County. At one time the program even covered the County of Patrick. The program began as a conduit for federal funds through the Virginia Housing Development Authority, and around 2003 began going directly to HUD. Over recent years and as regulations changed, the cost of administering the program has increased, and varying funding formulas followed. This has resulted in an operating deficit or at times, just barely breaking even. As a means to contain costs, positive and encouraging discussions have occurred with our neighboring public housing authority, Danville Redevelopment & Housing Authority, to determine interests they might have in assuming management since DRHA is a larger organization. As per HUD regulations, the transfer of program administration can only be accomplished with another public housing authority and from a geographical standpoint, DRHA is the logical choice for Martinsville. Should Council desire to move forward with the transfer, Council will need to convene as the Martinsville Redevelopment and Housing Authority and adopt the attached Resolution, and the first step in the approval process from HUD will begin. The Board of Directors for the Danville Redevelopment & Housing Authority must also officially approve such a transfer. Attachments: Resolution Memorandum on Voluntary Transfer Recommendations: City staff recommends approval of the attached resolution authorizing staff to submit the necessary documentation for transferring administration of the Housing Choice Voucher Program to DRHA, along with Danville Redevelopment & Housing Authority’s paperwork to HUD, effective July 1, 2014. In order to accomplish this, City Council must recess (as City Council) and convene as MRHA for adoption of the resolution. MRHA can then adjourn and City Council can reconvene. RESOLUTION OF THE GOVERNING BODY OF THE MARTINSVILLE REDEVELOPMENT & HOUSING AUTHORITY The Board of Commissioners of the Martinsville Redevelopment and Housing Authority consisting of five members, in a duly called meeting held on the 11th day of March, 2014 at which a quorum was present, RESOLVED as follows: BE IT RESOLVED THAT in order to facilitate obtaining approval from the United States of America, acting by and through the United States Department of Housing and Urban Development (HUD), in the transfer of administration of the Section 8 Housing Choice Voucher Program, in the City of Martinsville and the County of Henry, the governing body does hereby adopt and abide the covenants contained in the agreements, documents, and forms required by the Department of Housing and Urban development (HUD) to be executed. BE IT FURTHER RESOLVED that the City Manager of the City of Martinsville, acting as the Executive Director of the Martinsville Redevelopment & Housing Authority is authorized to execute on behalf of the Martinsville Redevelopment and Housing Authority the above – referenced agreements and to execute instruments as may be required in obtaining the said administrative transfer. THIS RESOLUTION, along with a copy of the above – referenced documents, is hereby entered into the permanent minutes of this meeting of this Authority. Martinsville Redevelopment & Housing Authority Attest: ________________________________ By _______________________________________ CERTIFICATION I hereby certify that the above resolution was duly adopted by the Martinsville Redevelopment & Housing Authority in a duly assembled meeting on the 11th day of March, 2014. _____________________________ Clerk of Council MEMORANDUM TO: Leon Towarnicki, City Manager FROM: Wayne D. P. Knox, Director of Community Development DATE: April 12, 2013 RE: Voluntary Transfer of Housing Choice Voucher Program After conferring with representatives of HUD, Richmond, on Wednesday, April 10, 2013, and reviewing documents related to the above referenced issue, I am outlining some issue , requirements and timelines for such a move. 1. All transfers will be permanent 2. The transfer must be between PHAs within the same metropolitan area 3. No transfers are permitted to a troubled PHA or where the receiving PHA has failed to comply with correction action plans for financial or program audit findings. 4. At least 90 days prior to the requested effective date of the voluntary transfer, both the divesting and receiving PHAs must submit letters to the HUD field office indicating an agreement. 5. All effective dates must be either January 1st or July 1st of a given year. 6. The letters must be signed by respective EDs with an accompanying board resolution. 7. The total authorized budget (including HAP, UAP, administrative fees and reserves funds) must be transferred on the effective date. 8. A review and recommendation will be made by the field office no later than 30 days after receipt of an agreement and accompanying attachments by the divesting and receiving PHAs. If the request is acceptable, the Public Housing Director will send a memo to the Housing Voucher Financial Management Division Director, 9. Once Headquarters has approved the transfer, the Public Housing Field Office and Financial Management Center (FMC) Director will be notified. The Public Housing Field Office Director will notify the respective PHAs. The FMC will prepare and transmit the amendments to the Consolidated Annual Contributions Contract (CACC). This entire process usually takes about a year to complete if there are no legal or financial issues to overcome. City Council Agenda Summary Meeting Date: March 11, 2014 Item No: 4. Department: City Manager Issue: Consider approval of an agreement transferring management of West Piedmont Business Development Center to the Martinsville-Henry County Chamber of Commerce’s Partnership for Economic Growth (C-PEG) effective April 1, 2014. Summary: As a result of financial difficulties, the Board of the West Piedmont Business Development Center (Incubator) located in Uptown Martinsville at 22 East Church Street voted in December, 2013 to terminate operations as of the end of March, 2014. Since the City is the owner of the building, City staff has managed daily operations beginning in February while options to continue the functions of the Incubator were explored. The most promising option that has emerged is a partnership with the Martinsville-Henry County Chamber of Commerce’s Partnership for Economic Growth (C-PEG). Continued discussions with the Chamber’s Executive Director have resulted in development of an agreement to transfer management of the Incubator to C-PEG, effective April 1, 2014, with C-PEG continuing and perhaps even expanding the functions of the Incubator. Attachments: None – A copy of the agreement providing for transfer of management of the Incubator to C-PEG effective April 1, 2014 will be presented at the Council meeting. Recommendations: Approval, authorizing the City Manager to execute the agreement as noted. City Council Agenda Summary Meeting Date: March 11, 2014 Item No: 5. Department: City Manager Issue: Consider authorizing expenditures for certain purchases and projects for which partial funding was appropriated in the FY14 Budget, with the understanding that remaining funding will be appropriated in the FY15 Budget. Summary: In an effort to reduce the impact on the FY14 Budget, 4 major projects/purchases were funded at approximately half of the full cost in the FY14 budget, with plans to fund the remaining amount in FY15. Timing on implementation or purchase is intended to occur in such a manner so as to allow funds from both FY14 and FY15 to cover the full cost when invoiced. These projects include: Garbage Truck – Refuse Fund – FY14 Budget: $115,000; FY15 will only need $81,001 based on bids received. Bucket Truck – Electric Fund – FY14 Budget: $92,500; FY15 will require match of $92,500. Zoning Ordinance Update Project – General Fund – FY14 Budget: $80,000; FY15 will require match of $80,000. Main Intercept Inspection Project – Sewer Fund – FY14 Budget: $138,438; FY15 will require match of $138,438. Given that purchase of equipment or contracts for services for the approximate full amounts noted will require partial funding from a not-yet-approved FY15 budget, the City’s auditing firm has suggested that approval of these projects or purchases be specifically granted with the understanding of the required commitment of funds by Council in FY15. Attachments: None Recommendations: Staff recommends that Council grant approval to proceed with the projects or purchases noted, with the understanding that the balance of funds required will be included in the FY15 Budget. City Council Agenda Summary Meeting Date: March 11, 2014 Item No: 6. Department: Finance Issue: Consider approval of consent agenda Summary: The attachments amend the FY14 Budget with appropriations in the following funds: FY14: General Fund: $21,235 – Reimbursement and State Grant School Fund: $150,000 – Private Grant Attachments: Spreadsheet Recommendations: Motion to approve BUDGET ADDITIONS FOR 3/11/2014 ORG OBJECT DESCRIPTION DEBIT CREDIT FY14 General Fund: 01100909 490104 Advance/Recovered Costs 13,335 01812242 506067 Misc. Exp. - RADAR Transit Program 13,335 Reimbursements for fuel 01101918 443404 Grants-State - VPHIB Special Initiative Program 7900 01322105 506104 EMS - Non-capital Equipment 7900 Grant awarded for (4) new computers for EMS data collection/reporting. Total General Fund: 21,235 21,235 School Fund: 18103919 489904 Private Grant - Harvest Foundation Contribution 150,000 81621310 561120 Instruction S&W 6,000 81621310 562100 Social Security 372 81621310 562150 Medicare 87 81621310 563000 Purchased Services 37,320 81621310 563142 Professional Development 15,381 81621310 565503 Travel 24,673 81621310 565800 Miscellaneous 1,967 81621310 566000 Materials & Supplies 600 81621310 566013 Instructional Materials 3,600 81631310 561120 Instruction S&W 4,000 81631310 562100 Social Security 248 81631310 562150 Medicare 58 81631310 563000 Purchased Services 24,880 81631310 563142 Professional Development 10,254 81631310 565503 Travel 16,448 81631310 565800 Miscellaneous 1,312 81631310 566000 Materials & Supplies 400 81631310 566013 Instructional Materials 2,400 Total School Fund: 150,000 150,000

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