City Council

AGENDA--CITY COUNCIL -- CITY OF MARTINSVILLE, VIRGINIA Council Chambers – Municipal Building 6:30 pm CLOSED SESSION 7:30 pm regular session Tuesday, May 27, 2014 6:30 pm --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. 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. C. Discussion or consideration of the investment of public funds where competition or bargaining is involved, where, if made public initially, the financial interest of the City of Martinsville would be adversely affected, as authorized by Subsection 6. D. Appointments to Boards and Commissions as authorized by Subsection 1. 7:30pm-Regular Session Invocation & Pledge to the American Flag—Mayor Kim Adkins 1. Consider approval of Council meeting minutes of March 11, 2014 and March 25, 2014 meetings. (2 mins) 2. Recognition of city employees eligible for Employee Service Awards. (5 mins) 3. Conduct a public hearing for the purpose of receiving/interviewing citizens interested in appointments for two school board positions beginning July 1, 2014 and ending June 30, 2017 to the City’s School Board. (10 mins) 4. Hear an update from the Electoral Board. (20 mins) 5. Consider approval of FY15 budget ordinance 2014-U-1 on second reading. (15 mins) 6. Consider approval of amendment to the Zoning Ordinance on second reading related to land use as a temporary flexibility option as the Zoning Ordinance is being updated. (10 mins) 7. Recess Martinsville City Council and convene Martinsville Redevelopment & Housing Authority to consider adoption of resolution in recognition of Fathers’ Day 2014. (5 mins) 8. Re-convene Martinsville City Council. 9. Consider approval of Pre-Contract documents related to the Northside Planning Grant. (5 mins) 10. Consider approval of consent agenda. (2 mins) 11. 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 action they would like for Council to take; (3) limit remarks to five minutes; (4) refrain from making personal references/accusations of a factually false/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. 12. Comments by members of City Council. (5 minutes) 13. Comments by City Manager. (5 minutes)  City Council Agenda Summary Meeting Date: May 27, 2014 Item No: 1. Department: Clerk of Council Issue: Consider approval of minutes of City Council March 11, 2014 and March 25, 2014 Summary: None Attachments: March 11, 2014 minutes March 25, 2014 minutes Recommendations: Motion to approve minutes as presented March 11, 2014 The regular meeting of the Council of the City of Martinsville, Virginia, was held on March 11, 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, Brenda Prillaman, Eric Monday, Eddie Cassady, Wayne Knox, Linda Conover and Kenneth Draper. 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 Mark Stroud, 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 matters: (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. 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 Vice Mayor Teague and Pledge to the American Flag, the Mayor welcomed everyone to the meeting and announced an addendum to the agenda regarding electric rates. Board appointment: On a motion by Mark Stroud, seconded by Sharon Brooks Hodge, with a 5-0 vote, Council appointed Walt Shaw, 1422 Church St. Ext., to the Architectural Review Board for a 3 year term ending 3/31/15. Minutes: On a motion Gene Teague, seconded by Mark Stroud, with a 5-0 vote, Council approved the minutes of the December 10, 2013 called meeting and December 10, 2013 regular meeting. Update from Fire Department: Chief Kenneth Draper presented an update on the fire that occurred at the former American Furniture plant on Aaron Street on March 3, 2014. All Council members expressed their appreciation to the fire department and all city personnel for the excellent job done in fighting that fire. Transfer Housing Choice program: Wayne Knox briefed Council on the proposed change in Housing program administration. 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 and at one time covered Patrick County. 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 and 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 March 11, 2014 with the transfer, Council will need to convene as the Martinsville Redevelopment and Housing Authority and adopt the attached Resolution for the first step in the approval process from HUD. The Board of Directors for the Danville Redevelopment & Housing Authority must also officially approve such a transfer. It was noted that 65% of those being served by the Martinsville Housing office are county residents. Mr. Knox also introduced Gary Wasson and Terry Ferguson with the Danville Redevelopment Housing Authority. After lengthy Council discussion, Council asked that a public comment period on this topic be added to the March 25, 2014 Council meeting agenda and then consideration of further action. Incubator management agreement: Leon Towarnicki briefed Council on the proposed agreement transferring management of the West Piedmont Business Development Center to the Martinsville-Henry County Chamber of Commerce Partnership for Economic Growth (C-PEG) effective April 1, 2014. 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 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. On a motion by Gene Teague, seconded by Sharon Brooks Hodge, with 5-0 vote, Council authorized the City Manager to execute the agreement: THIS MEMORANDUM OF UNDERSTANDING, (the “MOU”) made and entered into this the _______ day of _______, 2014 by and between the City of Martinsville, a municipal corporation created and existing under and by virtue of the laws of the State of Virginia (hereinafter referred to as “City”), party of the first part, and the Martinsville-Henry County Chamber of Commerce’s Partnership for Economic Growth (C-PEG) party of the second part; WITNESSETH: THAT, WHEREAS the City (through the Martinsville Industrial Development Authority) currently owns the property located at 22 East Church Street, Martinsville, VA, said property acquired for the purpose of development and operation of a business incubator (the “Incubator”); and, WHEREAS, since its inception, the Incubator has operated as the West Piedmont Business Development Center (WPBDC), incorporated by the Commonwealth of Virginia’s State Corporation Commission as a non-stock corporation pursuant to Chapter 10, Article 10 of Title 13.1 of the Code of Virginia; and, WHEREAS, by unanimous vote of a quorum of the duly appointed Board of Directors of WPBDC, assembled in a called meeting on December 17, 2013, a decision was made to terminate operations of the Incubator as currently organized and operating effective March 31, 2014, citing financial difficulties rendering current operations unsustainable; and, WHEREAS, recognizing the value and importance of the Incubator as a resource for the community to promote, stimulate, encourage, assist, and provide educational opportunities for new or developing business owners or entrepreneurs, and also recognizing a close parallel to its current operations, C-PEG desires to assume responsibility for continued operations of the Incubator under the guidance and direction of current Chamber leadership and C-PEG Board of Directors; NOW, THEREFORE, that for and in consideration of the mutual and respective covenants and agreements contained herein and made with respect to the performance of the services by C-PEG, the parties to this MOU hereby agree as follows: 1. Term and Renewals – The term of this MOU shall cover the initial period from April 1, 2014 through June 30, 2015. This MOU may be extended for a period beyond June 30, 2015, if mutually agreed to by both parties, said MOU extension finalized prior to May 31, 2015. 2. The Incubator will continue to be operated under the name of West Piedmont Business Development Center, with operations to remain at the current facility at 22 East Church Street, Martinsville, VA, with general business hours from 8 am until 5 pm. 3. Management of WPBDC will be by C-PEG under the guidance of the Board of Directors of C-PEG. 4. The City will commit to the level of funding and support currently provided to the WPBDC in the City’s FY14 budget (subject to City Council approval) including an annual financial contribution, and use of the building including electricity, water, and sewer. Additionally as building owner, the City will be responsible for major maintenance such as HVAC, roof, structure, major repairs, etc. 5. C-PEG will be responsible for routine daily maintenance related to operations such as cleaning, trash removal, replacement of bulbs, etc. March 11, 2014 6. C-PEG will provide staff presence in the building related to functions associated with a business incubator environment. C-PEG will have the ability to market, design and implement training and related programs for business tenants, and utilize the space in the building for business incubator-type activities and events. 7. The current West Piedmont Business Development Center Board will terminate/disband effective March 31, 2014, and appropriate filings will be prepared in accordance with State Corporation Commission guidelines to officially terminate/cease operations of the Incubator as it now exists. 8. C-PEG, at its discretion, will be responsible for management of the facility including (but not limited to) establishment of a new board (if it so chooses), staffing, marketing, recruitment of tenants, development of tenant lease agreements/terms of occupancy, cooperation with other entities to the extent beneficial (EDC, Harvest, SCORE, etc. ). Lease payments by tenants for occupancy/use of space will be made to C-PEG. 9. C-PEG will present reports periodically to the governing bodies of both Martinsville and Henry County regarding operations. 10. C-PEG will handle all financials including billing, payables, receivables, i.e. the City will not have responsibility related to being fiscal agent. 11. The City will maintain a presence on C-PEG’s Board to ensure the City’s best interests are being met through this partnership. IN WITNESS WHEREOF, Martinsville City Council, party of the first part, has caused this MOU to be executed in its name by its City Manager; and C-PEG, party of the second part, has caused this MOU to be executed in its name by its Board President; this the day and year first above written. MARTINSVILLE CITY COUNCIL BY:______________________________ City Manager C-PEG BY:______________________________ Board President Authorizing expenditures with funding FY14 and FY15: 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. After Council discussion, a motion was made by Gene Teague, seconded by Mark Stroud, with a 4-1 vote (Turner-nay), to grant approval to administration to proceed with the projects or purchases noted, with the understanding that the balance of the funds will be included in the FY15 Budget. Mr. Turner expressed his concerns if the state doesn’t come up with a budget. Addendum-Power costs update: Mr. Towarnicki presented the following update on the impact of seasonal power costs on the City’s Electric Department budget: Since the January 28, 2014 Electric Utility update to Council, there have been two significant developments that will have an impact on budgeting and City electric rates going forward. As was pointed out previously, the electric rate stabilization plan has been underperforming relative to initial projections. Updated information received shortly after the Council presentation indicated, based on revised projections, the stabilization plan would most likely be depleted of funding sometime in late summer/early fall 2014. The more significant issue is the City’s January 2014 purchased power bill. As City staff worked with consultants to address the stabilization plan, the City March 11, 2014 received the January power bill which was $2,248,197 - approximately $1 million more than anticipated. The increase is attributed to two main issues – the necessary purchase of more power coupled with unusually high congestion costs on the PJM transmission grid. The remaining balance in the stabilization fund was credited toward that bill leaving the net cost of $1,696,314.59 to be paid from the purchase power line item in the City’s Electric Department budget. Staff will provide a brief update to Council on this issue with a presentation of more detailed information planned for the March 25th Council meeting. After lengthy Council discussion, on a motion by Gene Teague, seconded by Mark Stroud, with a 5-0 vote, Council directed the City Manager to send letters to legislators as well as to the Federal Energy Regulatory Commission regarding the increased transmission/congestion costs. Approval of consent agenda: On a motion by Gene Teague, seconded by Sharon Brooks Hodge, with a 5-0 vote, Council approved the following consent agenda: BUDGET ADDITIONS FOR 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 Business from floor: Amanda Witt and Sheriff Steve Draper encouraged citizens to participate in the Dancing for the Arts fundraiser for Piedmont Arts Association on March 22, 2014; Patrick H. Wright-1201 Spruce St., comments on where money goes for the dancing fundraiser; Ural Harris-217 Stuart St.-comments regarding urban redevelopment and AMP. Council comments: Hodge-encouraged Section 8 Housing recipients to voice their opinions to Council and noted the recent Fast Track trade show was a great experience; Stroud-congratulated UVA for winning the championship and again commended the fire department personnel; Turner-reported MHS Band going to DC for the Patrick’s Day Parade and made a motion that a letter be sent to the governor to present a clean budget without Medicaid expansion. Mr. Turner’s motion died due to lack of a second; Teague; commented now is not the time to send a letter and we need to wait for the budget process to move forward; Adkins-asked March 11, 2014 that the HUD programs for veterans be part of the discussion going forward with the Housing agreement and Mr. Knox reported that discussion is already occurring. There being no further business, the meeting adjourned at 9:20pm. _______________________________ __________________________ Brenda Prillaman Kim Adkins Clerk of Council Mayor 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  City Council Agenda Summary Meeting Date: May 27, 2014 Item No: 2. Department: Human Resources Issue: Recognize City Employees who are eligible for Service Awards – April 1 through June 30, 2014 Summary: The Service Award Program is designed to build individual morale and show appreciation to the long-service employee for their faithful service to the City of Martinsville. Attachment: Listing of City Employees who are eligible for the service award for the fourth quarter of FY 13-14. TO BE READ BY MAYOR. NO ACTION NECESSARY. SERVICE AWARD RECIPIENTS FOURTH QUARTER - FISCAL YEAR 13-14 FOR THE PERIOD OF APRIL 1 THROUGH JUNE 30, 2014 EMPLOYEE DEPARTMENT YEARS Joan Joyce Treasurer 5 Terry Martin Electric Department 5 Jason Biggs Public Works 10 James Lovell Police Department 15 Patrick Agee Police Department 15 Robert Haynes Police Department 15 Brenda Prillaman City Manager's Office 20 Cindy Dickerson Treasurer 20 Eddie Flood Public Works 35  City Council Agenda Summary Date: May 27, 2014 Item No: 3. Department: City Attorney Issue: Conduct public hearing for consideration of citizens interested in the appointment for two three-year term positions beginning July 1, 2014 and ending June 30, 2017 to the Martinsville City School Board. Summary: Pursuant to Code of Virginia section 22.1-29.1 a public hearing is necessary to introduce and consider names of persons interested in appointment to a vacancy on the Martinsville School Board and to receive the views of citizens within the school division. This state code section also states that no nominee or applicant whose name has not been considered at the public hearing shall be appointed as a school board member. Further, the actual appointment must be made at least seven days after the hearing; appointment will therefore be on the June 10, 2014 agenda. Attachments: current Martinsville School Board members Recommended Action: Conduct public hearing. SCHOOL BOARD SCHOOL BOARD – The School Board is declared a body corporate. In its corporate capacity, it is vested with all the powers and charged with all the duties, obligations, and responsibilities upon school boards by law. It may sue, be sued, contract, be contracted with, and in accordance with the provisions of this title, purchase, take, hold, lease, and convey school property both real and personal. The School Board has the following powers and duties: 1 – to make rules for the governance of the schools within its jurisdiction; 2 – to determine the curriculum, methods of teaching, methods of administration and governance, and the length of the school term; 3 – to employ and dismiss teachers upon the recommendation of the superintendent; 4 – to suspend or expel pupils when necessary; 5 – to establish such schools as are necessary in the judgment of the Board to so constitute a complete and efficient system; 6 – to control and manage funds made available to the Board for the purpose of conducting free public schools; 7 – examine all claims for payment and authorize payment; and 8 – to submit annually to City Council a budget request. The Board consists of five members serving three-year terms appointed by City Council. School Board members can serve a maximum of three 3-year consecutive terms. Meetings are held on the second Monday of each month. Contact: Ms. Pam Heath, Superintendent, 403-5700 P. O. Box 5548, Martinsville, VA 24115. NAME INITIAL TERM FULL ADDRESS APPOINTMENT EXPIRES TERM Rives Coleman, 603 Mulberry Rd. 6/25/13 06/30/16 1 Craig B. Dietrich, 1227 Lanier Rd. 06/14/11 06/30/14 1 J. C. Richardson, Jr., 115 Melody Court 06/14/11 06/30/14 1 Carolyn McCraw, 1724 Meadowview Lane (638-2160 H) 06/09/09 06/30/15 2 Robert Williams, 1017 Country Club Drive 06/21/06 06/30/15 3  City Council Agenda Summary Meeting Date: May 27, 2014 Item No: 4. Department: City Manager Issue: Hear and update from the Martinsville Electoral Board. Summary: Representatives of the Martinsville Electoral Board will be present to give this update. Attachments: Recommendations: for information purposes  City Council Agenda Summary Meeting Date: May 27, 2014 Item No: 5. Department: City Attorney Issue: Consider approval of ordinance regarding FY2014-2015 Budget, on second reading, establishing the City’s budget and tax rates for FY15. Summary: Attached is the summary of the 2014-15 Budget in Ordinance Form. Attachment: Ordinance Recommendations: Motion to adopt ordinance on second reading with a roll call vote.  CITY OF MARTINSVILLE, VIRGINIA ORDINANCE NO. 2014-U-1 The Budget for Fiscal 2014-2015 BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in regular session assembled May 27 , 2014, that the following sums of money be and hereby are appropriated—by specified Fund— for the City’s fiscal year ending June 30, 2015, from the following Fund sources of estimated revenue: SUMMARY STATEMENT OF BUDGET ESTIMATES 2014-2015 Changes Fund Projected Budgeted in Fund Revenues Expenditures Balance General $ 28,586,727 $ 29,889,342 $(1,302,615) Meals Tax $ 2,066,792 $ 2,066,792 - Capital Reserve $ 1,101,757 $ 1,121,757 $ (20,000) Refuse $ 2,337,000 $ 2,337,000 - MiNet/Fiber $ 775,206 $ 775,206 - Water $ 3,547,500 $ 3,847,500 $ (300,000) Sewer $ 4,310,012 $ 4,310,012 - Electric $ 18,668,308 $ 19,468,308 $ (800,000) Cafeteria* $ 1,507,795 $ 1,707,795 $ (200,000) Schools** $ 21,857,801 $ 21,857,801 - CDBG $ 26,966 $ 200 $ 26,766 Housing $ 1,944,525 $ 1,944,450 $ 75 Totals $ 86,730,389 $ 89,326,163 $ (2,595,774) *Cafeteria – Estimated; actual unavailable at time of publication. **Schools – As adopted by School Board. Tax Rates (unchanged): Real Estate: $1.0621 per $100 assessed value Personal Property: $2.30 per $100 assessed value Machinery & Tools: $1.85 per $100 assessed value BE IT FURTHER ORDAINED by the Council that this Ordinance shall be effective on and after July 1, 2014. ******* Attest: ________________________________ Brenda Prillaman, Clerk of Council ____________________ ___________________ Date Adopted Date Effective  City Council Agenda Summary Meeting Date: May 27, 2014 Item No: 6. Department: Community Development Issue: Consider approval of amendments to the Zoning Ordinance, on second reading, related to land use as a temporary flexibility option as the Zoning Ordinance is being updated. Summary: 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 FY ’14 and FY ’15. 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. Planning Commission held a duly advertised public hearing on March 4, 2014. No one spoke for or against the amendment during the public hearing. Planning Commission voted unanimously (7-0) to send this amendment to City Council for their consideration. This was approved by City Council on first reading at your May 13, 2014 meeting. Attachments: Planning Commission Letter Proposed Amendment to the Zoning Ordinance Recommendations: Motion to approve the proposed amendment to the Zoning Ordinance on second reading with a roll call vote.  Martinsville A CITY WITHOUT LIMITS March 11, 2014 Mayor Kim Adkins Members of City Council City of Martinsville P. O. Box 1112 Martinsville, VA 24114 RE: Amendment to the Zoning Ordinance Dear Mayor and City Council Members: The Planning Commission, at its meeting on March 4, 2014, 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 land use. At the public hearing, it was noted that the amendment would make land use more flexible to new forms of business in the Commercial and Business districts. This amendment will work in the interim prior to the adoption of the new Zoning Ordinance. There was no opposition to the amendment and no one from the public was present at the hearing. The Planning Commission voted (7-0) to recommend the proposed amendment to City Council. The Planning Commission respectfully submits the recommendation for further consideration. Yours Truly, James A. Crigger, Sr., Secretary Wayne D. P/Knox Director of Community Development WDPK Cc: Timothy D. Martin, Chairperson James A. Crigger, Sr., Secretary 55 West Church Street P.O. Box 1112 Martinsville, VA 24114-1112  PROPOSED AMENDMENTS – ZONING ORDINANCE (Strikethrough indicates deletion; italicized bold indicates addition) SECTION XII: COMMERCIAL DISTRICTS B. Uses permitted by right in the C-1 District. 54. Establishments (not to exceed a ground floor footprint of 10,000 square feet gross floor area) for manufacturing, production, processing, assembly, compounding, cleaning, servicing, storage, testing, repair, distribution and sale of materials, goods, products, food, or beverages which conform to federal, state and local environmental performance standards (with no outdoor storage, loading, or displays, and further, excepting those uses which are specifically prohibited by this section or those uses which require a special use permit). C. Uses permitted by special use permit in the C-1 District. 8. Establishments (exceeding a ground floor footprint of 10,000 square feet gross floor area) for manufacturing, production, processing, assembly, compounding, cleaning, servicing, storage, testing, repair, distribution and sale of materials, goods, products, food, or beverages which conform to federal, state and local environmental standards (with limited outdoor storage, loading, or displays as determined by special use conditions, and, further, except those uses which are specifically prohibited by this ordinance). F. Uses permitted by right in the C-1A District. 67. Establishments (not to exceed a ground floor footprint of 10,000 square feet gross floor area) for manufacturing, production, processing, assembly, compounding, cleaning, servicing, storage, testing, repair, distribution and sale of materials, goods, products, food, or beverages which conform to federal, state and local environmental performance standards (with no outdoor storage, loading, or displays, and further, excepting those uses which are specifically prohibited by this section or those uses which require a special use permit). G. Uses permitted by special use permit in the C-1A District. 8. Establishments (exceeding a ground floor footprint of 10,000 square feet gross floor area) for manufacturing, production, processing,  assembly, compounding, cleaning, servicing, storage, testing, repair, distribution and sale of materials, goods, products, food, or beverages which conform to federal, state and local environmental standards (with limited outdoor storage, loading, or displays as determined by special use conditions, and, further, except those uses which are specifically prohibited by this ordinance). J. Uses permitted by right in the C-2 District. 72. Establishments (not to exceed a ground floor footprint of 10,000 square feet gross floor area) for manufacturing, production, processing, assembly, compounding, cleaning, servicing, storage, testing, repair, distribution and sale of materials, goods, products, food, or beverages which conform to federal, state and local environmental performance standards (with no outdoor storage, loading, or displays, and further, excepting those uses which are specifically prohibited by this section or those uses which require a special use permit). K. Uses permitted by special use permit in the C-2 District. 8. Establishments (exceeding a ground floor footprint of 10,000 square feet gross floor area) for manufacturing, production, processing, assembly, compounding, cleaning, servicing, storage, testing, repair, distribution and sale of materials, goods, products, food, or beverages which conform to federal, state and local environmental standards (with limited outdoor storage, loading, or displays as determined by special use conditions, and, further, except those uses which are specifically prohibited by this ordinance). N. Uses permitted by right in the C-3 District. 83. Establishments (not to exceed a ground floor footprint of 10,000 square feet gross floor area) for manufacturing, production, processing, assembly, compounding, cleaning, servicing, storage, testing, repair, distribution and sale of materials, goods, products, food, or beverages which conform to federal, state and local environmental performance standards (with no outdoor storage, loading, or displays, and further, excepting those uses which are specifically prohibited by this section or those uses which require a special use permit). O. Uses permitted by special use permit in the C-3 District. 8. Establishments (exceeding a ground floor footprint of 10,000 square feet gross floor area) for manufacturing, production, processing, assembly, compounding, cleaning, servicing, storage, testing, repair,  distribution and sale of materials, goods, products, food, or beverages which conform to federal, state and local environmental standards (with limited outdoor storage, loading, or displays as determined by special use conditions, and, further, except those uses which are specifically prohibited by this ordinance) SECTION XIII: BUSINESS AND MANUFACTURING DISTRICTS B. Uses permitted by right in the B-1 District. 12. Establishments (not to exceed a ground floor footprint of 10,000 square feet gross floor area) for manufacturing, production, processing, assembly, compounding, cleaning, servicing, storage, testing, repair, distribution and sale of materials, goods, products, food, or beverages which conform to federal, state and local environmental performance standards (with no outdoor storage, loading, or displays, and further, excepting those uses which are specifically prohibited by this section or those uses which require a special use permit). C. Uses permitted by special use permit in the B-1 District. 4. Establishments (exceeding a ground floor footprint of 10,000 square feet gross floor area) for manufacturing, production, processing, assembly, compounding, cleaning, servicing, storage, testing, repair, distribution and sale of materials, goods, products, food, or beverages which conform to federal, state and local environmental standards (with limited outdoor storage, loading, or displays as determined by special use conditions, and, further, except those uses which are specifically prohibited by this ordinance) Adopted _________________________ Attest: _________________________________ Clerk of Council  City Council Agenda Summary Meeting Date: May27, 2014 Item No: Department: Martinsville Redevelopment & Housing Authority Issue: Consider adoption of a resolution in recognition of Fathers’ Day Initiative – June 7, 2014 Summary: Once again the Martinsville Redevelopment & Housing Authority is participating in HUD’s Fathers’ Day Initiative. This is the fourth year of this initiative. MRHA in cooperation with several other local sponsors, is conducting a weekend of events. Attachments: Resolution Men of Standard Flyer Recommendations: Motion to adopt resolution.  FATHER’S DAY INITIATIVE OF THE MARTINSVILLE REDEVELOPMENT & HOUSING AUTHORITY WHEREAS, the Martinsville Redevelopment and Housing Authority, in cooperation with the Department of Housing & Urban Development, strives to promote the principles of Responsible Fatherhood, by encouraging all fathers to take full responsibility for themselves , their wife or life partner, and their children; and WHEREAS, the blessing of children brings with it, the duty to train them, encourage them, protect them and provide for them; and WHEREAS, the Martinsville Redevelopment and Housing Authority believes all fathers should strive to be a model of civility, respectfulness, faithfulness, and integrity; now therefore, BE IT RESLOVED by the Martinsville Redevelopment & Housing Authority Board of Commissioners that, on this 27th day of May, 2014, in recognition of Fathers’ Day 2014, it does hereby pledge to work with its citizens in pursuit of the shared goal and responsibility for ensuring that all children have an environment which includes a strong father. ******* Attest: ______________________________ Kim Adkins, Chairman May 27, 2014 Date Adopted  Men of Standard June 7, 2014 What: Fatherhood Celebration 8am-10am- Fatherhood Breakfast and Panel Discussion Soul Winners Church 704 E Church St. Martinsville, Va. 10am-12am: March Uptown to City Municipal Building and make Happy Video for Uptown Martinsville. It will end at 55 West Church Street so men can be sworn in on the court house steps to be better men, fathers, leaders, etc... 12-5:00pm: Family Fun Day, Live music, Free mas- sages, body art, inflatables, Stem Van, father son fa- ther daughter 2 on2 basketball game, strong man com- petition, free blood pressures checks COST: Canned Goods to go to Grace Network More info: (276)790-7268 Sponsors: Martinsville Redevelopment and Housing, Nelson Ford, Give Back Foundation, Soul Winners Church, D-Truth, Strengthening Families, Contact, Citizens Against Family Violence, Community Fellowship, FAHI, Martin Luther King jr. Planning Council, Good News Prison Ministry, Biscuite- ville, Walmart, Chic Fil A, Dominoes, Star News, MURA, SHINE Systems, Grace Network, Applebees, Texas Steakhouse, Taco Bell, Arbys, Yamatoes,  City Council Agenda Summary Meeting Date: May 27, 2014 Item No: 9. Department: Community Development Issue: Consider approval of required Pre- Contract documents related to Northside Planning Grant. Summary: A requirement of the application process is to adopt several items prior to the actual awarding of an actual block grant for the improvements in the Northside neighborhood. Additional documents will require approval in the future once the City has been successful in being awarding the block grant Attachments: Local Business & Employment Plan; Non – Discrimination Policy; Grievance Procedure; Anti – Displacement Plan; Fair Housing Certification Recommendations: Motion to approve required documents. Appendix SECTIONS BUSINESS AND EMPLOYMENT PLAN The City of Marlinsville designates as its Section 3 Business and Em oyment Project Area the City of Martinsville. The City of Martinsville, its contractors, and designated third parties hall in utilizing Community Development Block Grant (CDBG) funds utilize b inesses and lower income residents of the city in carrying out all activities, to the greatest extent feasible. In awarding contracts for construction, non-construction, materials, and upplies, the City of Martinsville, its contractors, and designated third parties shaf ake the following steps to utilize businesses which are located in or owned in st stantial part by persons residing in the County: (a) The City of Martinsville shall identify the contracts required to conduct the CDBG activities. (b) The City of Martinsville shall identify through various and appropriate sources including: The Martinsville Bulletin Newspaper the business concerns within the city which are likely to provide con ruction contracts, non-construction contracts, materials, and services whicl will be utilized in the activities funded through the CDBG. (c) The identified contractors and suppliers shall be included on bid list used to obtain bids, quotes or proposals for work or procurement contrac which utilize CDBG funds. (d) To the greatest extent feasible the identified business and any othe project area business concerns shall be utilized in activities which are fun ed with CDBG funds. The City of Martinsville and its contractors and subcontractors shall ake the following steps to encourage the hiring of lower income persons residing in he city: (a) The City of Martinsville in consultation with its contractors (includir design professionals) shall ascertain the types and number of positions >r both trainees and employees which are likely to be used to conduc CDBG activities. Appendix 4.A: Local (Section 3) County Business and Emplo> lent Plan (b) The City of Martinsville shall advertise through the following source: The Martinsville Bulletin Newspaper the availability of such positions with the information on how to appl; (c) The City of Martinsville, its contractors, and subcontractors shall be :quired to maintain a record of inquiries and applications by project area esidents who respond to advertisements, and shall maintain a record of the atus of such inquires and applications. (d) To the greatest extent feasible, the City of Martinsville, its contrac TS, and subcontractors shall hire lower income project area residents in filling raining and employment positions necessary for implementing activities ft ded by the Community Development Block Grant (CDBG). In order to document compliance with the above affirmative actions and 5 ction 3 of the Housing and Community Development Act of 1974, as amended, th City of Martinsville shall keep, and obtain from its contractors and subco ractors, Registers of Contractors, Subcontractors and Suppliers and Registers of ssigned Employees for all activities funded by the CDBG. Such listings shall be c mpleted and shall be verified by site visits and employee interviews, crossche cing of payroll reports and invoices, and through audits if necessary. Appendix 4.A: Local (Section 3) County Business and Emplo; lent Plan Appendix NbN-DiscraMiNAHON POLICY The City of Martinsville or any employee thereof will not discriminate a inst an employee or applicant for employment because of race, age, handicap, creed, eligion, color, sex, or national origin. Administrative and Personnel officials will take af: rmative action to insure that this policy shall include, but not be limited, to the fc lowing: employment, upgrading, demotion or transfer; rates of pay or other rms of compensation; and selection for training. Duly adopted at the regular meeting of the Martinsville City Council on 2014. Signature of Authorized Official Appendix 6: Non-Discriminal >n Policy  SECTION 504 GRIEVANCE PROCEDURE CITY OF MARTINSVILLE, VIRGINIA The City of Martinsville has adopted an internal grievance procedure providing for the prompt and equitable resolution of complaints alleging any action prohibited by the Department of Housing and Urban Development's (HUD) 24 CFR 8.53(b) implementing Section 504 of the Rehabilitation Act of 1973, as amended (29 USC 794). Section 504 states, in part, that "no otherwise qualified hardicapped individual...shall solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance..." Complaints should be addressed to: Wayne Knox, Director of Community Development, PQ E ox 1112. 55 W. Church Street. Martinsville, Virginia 24112, (276) 403-5169, wknox@ci.martinsville.v|a.us who has been designated to coordinate Section 504 compliance efforts. 1. A complaint should be filed in writing or verbally containing the name and addre s of the person filing it, and briefly describe the alleged violation of the regulations. 2. A complaint should be filed within 30 days after the complainant becomes aware of the alleged violation. (Processing of allegations of discrimination occurring before this grievarce procedure was in place will be considered on a case-by-case basis). 3. An investigation, as may be appropriate, shall follow a filing of a complaint. Mr. Wa>ne Knox (Compliance Officer) will conduct the investigation. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint. Under 24 CFR 8.53 (b), th< City of Martinsville need not process complaints from applicants for employment or from appl cants for admission to housing. A written determination as to the validity of the complaint and description of resolutio , if any, shall be issued by Mr. Wayne Knox (Compliance Officer), and a copy forward to the complainant no later than 30 days after its filing. The Section 504 Compliance Officer shall maintain the files and records of the City of Martinsville relating to the complaints filed. The complainant can request a reconsideration of the case in instances where he r she is dissatisfied with the resolution. The request for reconsideration should be made ' ithin 30 days to Mr. Wayne Knox (Compliance Officer). The right of a person to a prompt and equitable resolution of the complaint filed hereu der shall not be impaired by the person's pursuit of other remedies such as the filing of a Section 504 complaint with the Department of Housing and Urban Development. Utiliza on of this grievance procedure is not a prerequisite to the pursuit of other remedies. These rules shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards, and to assure that the City of Martinsville comp ies with Section 504 and the HUD regulations.  RESIDENTIAL ANTT-DISPLACEMENT AND RELOCATION ASSISTANCE PLAN All Grantees must commit to minimizing project-related displacement and the hardships it imposes. The statutory and regulatory requirements of this commitment assure that individuals who are displaced or relocated because of project activity are fairly arid fully compensated, and LMI dwelling units demolished or converted to non-LMI dwel ing uses are replaced. Prior to signing a contract with DHCD, the Grantee must formally adopt, make public, and certify to DHCD that it is following a Residential Anti-Displaa ment and Relocation Assistance Plan. The Grantee must also certify that it will minim displacement of persons as a result of assisted activities. 1. Regardless of whether displacement or conversion to non-LMI residential use s planned as part of the project, the plan must include, at a minimum, the follov ng: a. Provision for one-for-one replacement of any LMI dwelling units demolis ed or converted to any other use as a result of this project; b. Provision for relocation benefits to any households displaced as a result o this project; c. A description of the proposed assisted activity; d. Steps the jurisdiction will take to minimize the displacement of persons fr m their homes; e. The complaint and appeals process; and f. An adopted housing standard defining an unoccupiable or uninhabitable h use as a dwelling unit that does not meet local building codes and cannot be reha ilitated to meet code for $25,000 or less. 2. Projects including displacement, relocation, conversion or demolition must in lude all information listed above, as well as the following elements in their Anti- Displacement and Relocation Assistance Plan: a. The location (mapped) and size (by number of bedrooms) of each dwellin unit that will be demolished or converted to a use other than as an LMI dwelling unit as a direct result of the assisted activity; b. A time schedule for the commencement and completion of the demolition conversion; Appendix 8: Residential Anti-Displacement and Relocation Assi ance Plan 1  c. The location (mapped) and size of units (by number of bedrooms) that will be provided as replacement dwelling units; d. The source of funding and a time schedule for the provision of replacement dwelling units; e. The policy that any fixed moving expense and dislocation allowance will be base upon the current Federal Home Administration payment schedule; f. The basis for concluding that each replacement dwelling unit will remain an LMI dwelling unit for at least 10 years from the date of initial occupancy; and g. Information demonstrating that any proposed replacement of dwelling units with smaller dwelling units is consistent with the housing needs of LMI households in the jurisdiction. One-For-One Replacement Rule Projects including housing demolition or conversion must adhere to the "one-for-one replacement" rule: All occupied and vacant occupiable LMI dwelling units demolished or converted to any use other than as LMI dwelling units as a result of an assisted projec activity must be replaced with LMI dwelling units. This is not required if Grantee can document that there are available units available to LMI in the community. The key elements of this rule are: 1. Replacement LMI units may be provided by any government agency or private developer. 2. Replacement units must be located within the Grantee's jurisdiction, and to the exten feasible and consistent with other statutory priorities, the units shall be located in the same neighborhoods as the units replaced. 3. Replacement units must be comparable in size and number to those units demolished or converted so that at least the same number of individuals can be housed in the replacement units. Replacement units must not be smaller than those they replace, e.g., demolition of one 2-bedroom unit and construction of two 1-bedroom units. 4. Replacement units must be in standard condition. 5. Replacement units may include vacant units that have been raised to standard condition provided that: a. No person was displaced from the unit as a result of an assisted project activity, and Appendix 8: Residential Anti-Displacement and Relocation Assistance Pla  b. The unit was vacant for at least three (3) months before execution of the agreement between the Grantee and the property owner. 6. Replacement units must initially be made available for occupancy during the eriod beginning one (1) year prior to the Grantee's completion and submission of a Residential Anti-Displacement and Relocation Assistance Plan to DHCD and DHCD's approval of such a Plan and ending three (3) years after the commen ement of the demolition or conversion. 7. Replacement units must be designed to remain as LMI dwelling units for at le st ten (10) years from the date of initial occupancy. Replacement units may include public housing or existing housing receiving Section 8 assistance under the Housing 4ct of 1937. Under certain narrowly defined circumstances, a Grantee may request and be grar ed a waiver, by HUD, of the one-for-one replacement rule. For more information on v aiver requirements, contact your DHCD Community Development Specialist. These elements point to the necessity of having complete information on the cum nt housing stock and market in the locality. This information must be available for i seand incorporated in drafting the Plan, prior to contracting with DHCD. Appendix 8: Residential Anti-Displacement and Relocation Assi ance Plan  RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE PLAN CERTIFICATION The City of Martinsville will replace all occupied and vacant occupiabl low/moderate-income dwelling units demolished or converted to a use other than low/moderate income dwelling unit as a direct result of activities assisted with fund provided under the Housing and Community Development Act of 1974, as amended. A replacement housing will be provided within three (3) years of the commencement of th demolition or rehabilitation relating to conversion. Before obligating or expending funds that will directly result in such demolition conversion, the City of Martinsville will make public and advise the state that it undertaking such an activity and will submit to the state, in writing, information the identifies: 1. A description of the proposed assisted activity; 2. The general location on a map and approximate number of dwelling units by siz (number of bedrooms) that will be demolished or converted to a use other than a low/moderate-income dwelling units as a direct result of the assisted activity; 3. A time schedule for the commencement and completion of the demolition o conversion; 4. The general location on a map and approximate number of dwelling units by si: (number of bedrooms) that will be provided as replacement dwelling units; 5. The source of funding and a time schedule for the provision of replacement dwellin units; 6. The basis for concluding that each replacement dwelling unit will remain low/moderate-income dwelling unit for at least 10 years from the date of initi occupancy; and 7. Information demonstrating that any proposed replacement of dwelling units wi smaller dwelling units is consistent with the housing needs of low- and moderat income households in the jurisdiction. Appendix 8: Residential Anti-Displacement and Relocation Assistance PI The City of Martinsville will provide relocation assistance to each low/me derate - income household displace by the demolition of housing or by the direct result o ^ assisted activities. Such assistance shall be that provided under Section 104 (d) of the Housing and Community Development Act of 1974, as amended, or the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. The City of Martinsville's FY 2014 project includes the following activities: Housing Rehabilitation Substantial Reconstruction Property Acquisition Demolition and Clearance Storm Drainage and Roadway Improvements The activities as planned will not cause any displacement from or conversion of occupiable structures. As planned, the project calls for the use of existing right-of-way or easements to be purchased or the utilization of tracts of land that do not contain housing. The City of Martinsville will work with the grant management staff, engineers, project area residents, and the Department of Housing and Community Development lo insure that any changes in project activities do not cause any displacement from or conversion of occupiable structures. In all cases, an occupiable structure will be defined as a dwelling that me ts local building codes or a dwelling that can be rehabilitated to meet code for $25,000 or [ess. Signature of Authorized Official Date Appendix 8: Residential Anti-Displacement and Relocation Ass tance Plan 5  Fair Housing Certification Compliance with Title VIII of the Civil Rights Act of 1968 WHEREAS, the City of Martinsville has submitted an application for Community Development Block Grant funding, and if awarded, will accept these federal funds authorized under the Housing and Community Development Act of 1974, as amende and WHEREAS, recipients of funding under the Act are required to take action to affirmatively further fair housing; THEREFORE, the City of Martinsville agrees to take at least one action to affirmativ ely further fair housing each grant year during the life of its project funded with Commu: ity Development Block Grant funds. The action taken will be selected from a list providi by the Virginia Department of Housing and Community Development. Signature of Authorized Official Date  City Council Agenda Summary Meeting Date: May 27, 2014 Item No: 10. Department: Finance Issue: Consider approval of consent agenda. Summary: The attachments amend the FY14 Budget with appropriations in the following funds: FY14: General Fund: $200,965 – Grant Funding; Asset Forfeitures; Reimbursements Attachments: Spreadsheet Recommendations: Motion to approve  BUDGET ADDITIONS FOR 5/27/2014 ORG OBJECT DESCRIPTION DEBIT CREDIT FY14 General Fund: 01101917 442601 Categorical Other State - EMS 4 for Life Grant 1,604 01322105 506114 EMS - 4 for Life Grant 1,604 Additional Grant Funding 01101917 442402 Categorical Other State - Confiscated Assets - C Atty 1,260 01221082 506105 Comm Atty - Conf Assets State 1,260 01101917 442401 Categorical Other State - Confiscated Assets - Police 4,900 01311085 506078 Police Dept - Conf Assets State 4,900 Asset Forfeiture Proceeds 01101917 442810 Categorical State Other - Highway Projects 159,828 01413151 503193 Thorofare Construction - Inspection Service 5,909 01413151 508220 Thorofare Construction - Physical Plant Expansion 153,919 Liberty St project reimbursement 011001918 443405 Grants - State - DEQ - Stormwater Prog #15743 33,373 01812246 503136 Stormwater Program - Prof Services - Consultant 33,000 01812246 506010 Stormwater Program - Supplies 373 Stormwater Program Development, Phase II Total General Fund: 200,965 200,965