City Council

AGENDA--CITY COUNCIL -- CITY OF MARTINSVILLE, VIRGINIA Council Chambers – Municipal Building 7:00 pm CLOSED SESSION 7:30 pm regular session Tuesday, July 8, 2014 7:00--Closed Session 1. Items to be considered in Closed Session, in accordance with the Code of Virginia, Title 2.2, Chapter 37—Freedom of Information Act, Section 2.2-3711(A)—Closed Meetings, the following: A. A personnel matter as authorized by Subsection 1. 7:30—Regular Session Invocation & Pledge to the American Flag-Mayor Kim Adkins 1. Consider approval of minutes of April 22, 2014, April 23, 2014 and April 24, 2014 meetings. (2 mins) 2. Conduct public hearing on conveyance of Fayette St. property to ICSM. (15 mins) 3. Hear update on incubator operations from Chamber of Commerce. (10 mins) 4. Hear update from Planning Commission regarding urban chicken ordinance. (10 mins) 5. Consider approval of ordinance, on first reading, regarding Water & Sewer Terms & Conditions. (10 mins) 6. Consider approval of ordinance, on second reading, regarding Electronic Summons System Court Assessment. (10 mins) 7. Consider approval of ordinance, on first reading, regarding amendments to noise ordinance on a recommendation from the Planning Commission. (10 mins) 8. Consider approval of consent agenda. (2 mins) 9. 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. 10. Comments by members of City Council. (5 minutes) 11. Comments by City Manager. (5 minutes)  City Council Agenda Summary Meeting Date: July 8, 2014 Item No: 1. Department: Clerk of Council Issue: Consider approval of minutes of City Council meetings April 22, 2014, April 23, 2014 and April 24, 2014. Summary: None Attachments: April 22, 2014 minutes April 23, 2014 minutes April 24, 2014 minutes Recommendations: Motion to approve minutes as presented. April 22, 2014 The regular meeting of the Council of the City of Martinsville, Virginia, was held on April 22, 2014, in Council Chambers, Municipal Building, at 7:30 PM, with Mayor Kim Adkins presiding. Council Members present included: Mayor Kim Adkins, Vice Mayor Gene Teague, Sharon Brooks Hodge, Mark Stroud and Danny Turner. Staff present included: Leon Towarnicki, City Manager, Brenda Prillaman, Eric Monday, Linda Conover, Dennis Bowles, Wayne Knox, Kenneth Draper, Kris Shrader, Steve Draper and Eddie Cassady. Prior to the meeting, Council members toured the NCI facility at 6:00pm. 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; Hodge, aye; Stroud, 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) 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. Board & Commissions appointments from Closed Session actions: On a motion by Gene Teague, seconded by Mark Stroud, Mike Kirby of 1150 Stephens St. was appointed to a four year term on the Social Services Board ending 5/31/18. On a motion by Mark Stroud, seconded by Sharon Brooks Hodge, Sammy Redd of 303 Oakdale St. was appointed to a 3 year term on the Piedmont Community Services Board ending 6/30/17. On a motion by Danny Turner, seconded by Mark Stroud, Tim Martin of 913 Mulberry was re-appointed to a 4 year term on the Planning Commission ending 6/30/18. Following the invocation by Vice Mayor Gene Teague and Pledge to the American Flag, the Mayor welcomed everyone to the meeting and noted there will not a public hearing held on the zoning issue at this meeting. Minutes: On a motion by Mark Stroud, seconded by Sharon Brooks Hodge, with a 5-0 vote, Council approved the minutes of the February 10, 2014 tour and the February 10, 2014 Neighborhood meeting. Proclamation National Correctional Officers Week: Mayor Adkins read and presented a proclamation regarding National Correctional Officers Week. Proclamation Martinsville Alumnae Chapter of Delta Sigma Theta Sorority: Mayor Adkins read and presented a proclamation to representatives of the Martinsville Alumnae Chapter of Delta Sigma Theta Sorority. Proclamation Nurses Week 2014: Mayor Adkins read and presented a proclamation regarding Nurses Week 2014 to representatives from Memorial Hospital. Recognition of Fire Chief Kenneth Draper: Fire Chief Kenneth Draper has completed a four year program at the National Fire Academy and tonight is being awarded his Executive Fire Officer Program certificate. April 22, 2014 The Executive Fire Officer Program (EFOP) is an initiative of the United States Fire Administration/National Fire academy designed to provide officers in key leadership roles with an understanding of: (1) The need to transform fire and emergency services organizations from being reactive to proactive; with an emphasis on leadership development, prevention, and risk reduction; (2) Transforming fire and emergency services organizations to reflect the diversity of America’s communities; (3) The value of research and its application to the profession; (4) The value of lifelong learning; (5) Enhanced executive-level knowledge, skills, and abilities necessary to lead these transformations, conduct research, and engage in lifelong learning. The officers enhance their professional development through a unique series of four graduate and upper-division-baccalaureate equivalent courses. The EFOP spans a 4-year period with 4 core courses and each course is 2 weeks in length. To graduate from the EFOP, participants must write and submit a graduate-level Applied Research Project (ARP) that relates to their organization after each course. Each ARP is highly scrutinized and graded by an external evaluator. The ARP must be completed within six months from the end of each EFOP class and must receive a minimum passing score before the student can take the next class in the series. Only after all four classes have been completed and all four ARP’s have received passing grades is the EFOP certificate awarded to a student. To date, Chief Draper is the third Martinsville Fire & EMS employee to complete the Executive Fire Officer Program. Former Fire Chief and City Manager Clarence Monday and Deputy Chief Kris Shrader have also completed this program. All of the department’s Chief Officers are currently enrolled in the program. Hear update on from Dr. Noel Boaz of ICSM: Dr. Noel Boaz presented the following information to Council regarding ICSM: D April 22, 2014 Dr. Boaz asked that his request for four things from the City be considered by Council. City Attorney Eric Monday noted that it would have to go through the public hearing process. Council directed the City Manager to coordinate with Dr. Boaz on steps to move the process forward and to determine specific actions on each. Hear update from Carl Dehart on MHC Historical Museum: Carl Dehart briefed Council on information and data available at the Historical Museum located at 41 East Church Street. Hear update from Pat Folio on the Farmers Market Uptown: Pat Folio, Manager for the Farmer’s Market Uptown, provided an update to Council regarding activities, events and future plans for the Farmer’s Market and encouraged all citizens to stop by and visit and help in promoting the market. Electric Rate Stabilization Plan: Utilities Director, Dennis Bowles, briefed Council on the need to terminate the Rate Stabilization Plan. The Rate Stabilization Plan fund was depleted in mid-February with the withdrawal of $551,881 to offset or stabilize excessive January ’14 power costs. Based on projected increases in purchase power costs for FY’15, staff recommends termination of the Rate Stabilization Plan at this time due to the projected future under performance of the fund. American Municipal Power Inc. requires written notice to terminate the Rate Stabilization Plan. After Council discussion, a motion was made by Gene Teague, seconded by Mark Stroud, with a 5-0 vote, to authorize the City Manager to send an authorization letter to AMP. Following is the letter: Set public hearing on FY15 Budget and first reading of budget ordinance: On a motion by Gene Teague, seconded by Danny Turner, with a 5-0 vote, Council set the public hearing on the FY15 Budget and consideration of approval of budget ordinance on first reading at the May 13, 2014 meeting. Consent Agenda: On a motion by Mark Stroud, seconded by Sharon Brooks Hodge, with a 5-0 vote, Council approved the following consent agenda: BUDGET ADDITIONS FOR 4/22/2014 ORG OBJECT DESCRIPTION DEBIT CREDIT FY14 General Fund: 01101917 442810 Categorical State Other - Highway Projects 503,826 01413151 508220 Thoroughfare Construction 503,826 Liberty St project reimbursement Total General Fund: 503,826 503,826 CDBG Fund: April 22, 2014 47102926 447061 NCI Improvement Grant 14,000 47833380 503191 NCI Improvement Grant - Prof. Services - Contractors 14,000 Pass-through funding Total CDBG Fund: 14,000 14,000 School Fund: 18101918 410406 State Grant - VPSA Technology Grant 68,400 80008110 568210 VPSA Ed Technology - Hardware Additions 68,400 Total CDBG Fund: 68,400 68,400 VML 2014 Policy Committee members: Council members agreed to continue serving on same VML committees they served on in previous year. Council Member Turner refrained from participation. Following are 2014 Policy Committee assignments which will be forwarded to VML: VML 2014 Policy Committee membership: Community & Economic Development-Kim Adkins, Mayor Environmental Quality-Eric Monday, City Attorney Finance-Leon Towarnicki, City Manager General Laws-Gene Teague, Vice Mayor Human Development & Education-Mark Stroud, Council Member Transportation-Sharon Brooks Hodge, Council Member Business from floor: Ural Harris, 217 Stuart St.-concerns regarding electric, water rates, budget department costs. Council comments: Teague-impressed with NCI building and new look of City Website; Hodge- reminder regarding job fair on May 7 at Probation & Parole and asked that follow up on Neighborhood meetings be provided in the minutes; Stroud-impressed with NCI facility and the medical school facility; Turner-good positive things happening including NCI, medical school, Henry Hotel & Farmers Market. City Manager comments: reminder of Household Hazardous Waste Day April 26; recognized employee Kris Bridges for being named to the VA Manufactured Housing Board; provided follow up information on the car wash issue noting the issue has been resolved; Greyson Street traffic counts and coordinating of traffic signals in progress; gave brief overview of agenda for budget worksession April 23. Council recessed open session and re-convened Closed Session. At the conclusion of Closed Session, each returning member of Council certified that (1) only public business matters exempt from open meeting requirements were discussed in said Closed Session; and (2) only those business matters identified in the motion convening the Closed Session were heard, discussed, or considered during Session. On a motion by 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. There being no further business, the meeting adjourned at 9:50 pm. _______________________________ __________________________ Brenda Prillaman Kim Adkins Clerk of Council Mayor April 23, 2014 A special meeting of the Council of the City of Martinsville, Virginia, was held on April 23, 2014, in Council Chambers, Municipal Building, at 6:00PM, to conduct a budget worksession with Mayor Adkins presiding. Council Members present included: Mayor Adkins, Vice Mayor Gene Teague, Sharon Brooks Hodge, Danny Turner, and Mark Stroud. Staff present included: Leon Towarnicki, City Manager, Brenda Prillaman, Linda Conover, Kenneth Draper, Edie Cassady, Betsy Pace, Ted Anderson, Bobby Phillips, Dennis Bowles, Durwin, Jeff Joyce, Mike Scaffidi, and Lane Shively. Mayor Adkins opened the meeting and reviewed guidelines advising Council will be considering motions at this worksession. Fund Balance discussion: Finance Director Linda Conover presented detailed information regarding the fund balance FY14 projected and FY15 proposed. Council discussion impact of BPOL exemption and impact of water/sewer increase A motion was made by Gene Teague, seconded by Danny Turner, with a 5-0 vote to eliminate the proposed water/sewer increases FY15 budget. A motion made by Sharon Brooks Hodge, seconded by Danny Turner, with a 5-0 vote, to implement gross receipts threshold of $100,000 effective January 1, 2015. Commonwealth Crossing funding: Discussion on current and future impact of funding. No actions taken Telecommunications: Mike Scaffidi presented detailed information to Council. No actions taken. Refuse fund: Jeff Joyce presented detailed information to Council. No actions taken. Capital expenditures: Lengthy Council discussion regarding capital expenditures and future needs. No actions taken. Review department budgets and agency funding: After lengthy Council discussion the following motions were made: Motion made by Danny Turner, seconded by Sharon Brooks Hodge, to reduce EDC contribution to $118,207. The motion failed with a vote of 3-2. (Teague-nay, Adkins-nay, Stroud-nay, Turner-aye, Hodge-aye) Motion made by Danny Turner, seconded by Sharon Brooks Hodge, to eliminate funding from budget for The Launch Place. Mayor Adkins advised she will abstain from voting due to business conflict. The motion died due to a tie vote of 2-2. (Teague-nay, Stroud-nay, Turner-aye, Hodge-aye, Adkins-abstain) April 23, 2014 Motion made by Sharon Brooks Hodge, seconded by Danny Turner, to eliminate funding for the Dental Clinic. Mayor Adkins advised she will abstain due to business conflict. Vice Mayor Teague disclosed he serves on the board for the Dental Clinic as an unpaid volunteer and he will vote on the issue. The motion died due to a tie vote of 2-2. (Teague-nay, Stroud-nay, Turner-aye, Hodge-aye, Adkins-abstain) There being no further business, the meeting adjourned at 9:15 pm. ___________________________________ ___________________________ Brenda Prillaman, Clerk of Council Kim Adkins, Mayor April 24, 2014 A special meeting of the Council of the City of Martinsville, Virginia, was held on April 24, 2014, in Council Chambers, Municipal Building, at 6:00PM, to conduct a budget worksession with Mayor Adkins presiding. Council Members present included: Mayor Adkins, Vice Mayor Gene Teague, Sharon Brooks Hodge, Danny Turner, and Mark Stroud. Staff present included: Leon Towarnicki, City Manager, Brenda Prillaman, Linda Conover, and Wayne Knox. Mayor Adkins called the meeting to order for further discussion to reach consensus to move ahead with adopting the FY15 budget. 1. Council discussion on use of Housing Office occurred. No action taken. 2. Clarification on procedure was requested regarding City administration’s budget preparation and involvement of elected officials in influencing items included in the proposed budget before it is brought to City Council for consideration. The City Attorney explained that the City Manager is required by the Charter to prepare the proposed budget and City Council amends the budget and approves the final budget. Mr. Monday noted that Mayor Adkins abstained from votes on two agencies requesting funding and that Mayor Adkins is allowed to vote on the whole budget. 3. Council discussion on School funding occurred. Council Member Stroud disclosed his wife works for city schools and any decision he makes will not affect his wife’s pay. Mayor Adkins declared her husband coaches at Martinsville High School. Council Member Turner disclosed he travels with the MHS Band and Vice Mayor Teague advised he has served as a judge for a Martinsville Bulldog Pageant. After discussion, a motion was made by Gene Teague, seconded by Danny Turner to increase school funding $150,000. Motion passed with a 4-1 vote. (Stroud-nay, Teague-aye, Adkins-aye, Turner- aye, Hodge-aye) 4. Budget public hearing to be held May 13, 2014. There being no further business, the meeting adjourned at 6:55 pm. ___________________________________ ___________________________ Brenda Prillaman, Clerk of Council Kim Adkins, Mayor  City Council Agenda Summary Meeting Date: July 8, 2014 Item No: 2. Department: City Manager Issue: Conduct a public hearing on a request from Dr. Noel Boaz of Integrative Centers for Science & Medicine, for the City to convey portions of the City-owned parking lot on the north side of Fayette Street between Jones and Moss Streets, to ICSM for future development. Summary: At the April 22, 2014 Council meeting, Dr. Boaz presented an update on progress related to the continuing development of the ICSM medical school project. ICSM is currently moving ahead with plans to renovate the building at 62-66 Fayette Street, located at the corner of Fayette and Moss Streets and at the April 22, 2014 Council meeting, a request was made of the City to convey portions of the City-owned parking lot to ICSM to be used for the project. The specific requests are for approximately 21 feet of property along the east side of the building, property at the rear (north) of the building currently serving as a driveway into the property, and the small masonry building also at the rear of the ICSM building. Attachments: Map showing the approximate areas requested to be donated, and summary of staff recommendation. A larger, more detailed map will be available at the Public Hearing. Recommendations: Pending favorable review at the Public Hearing, staff recommends conveying the property requested subject to the attached.  Office of the City Manager DATE: July 1, 2014 TO: Honorable Mayor and Council Members FROM: Leon Towarnicki, City Manager SUBJECT: Request from Dr. Boaz/ICSM for donation of property in City-owned Fayette Street Parking Lot Donation of the property as requested is recommended, subject to the following conditions: A. The City currently has a power line that extends from Moss Street east along the rear of the ICSM building, across the Fayette Street parking lot to Jones Street and an appropriate utility easement will need to be reserved. B. An appropriate plat (suitable for recording) showing property to be donated will be provided to the City by ICSM. The City will prepare a quit-claim deed for the property from the plat. C. Donation of the property is contingent upon the specific use of the property by ICSM as presented to Martinsville City Council - development of a medical school at the site in question. Should the medical school not be developed, ICSM agrees to convey the property back to the City of Martinsville at no cost. LET 55 West Church Street, P. O. Box 1112, Martinsville, VA 24114-1112 276-403-5180 Fax: 276-403-5280 www.martinsville-va.gov Donation of 30 Feet of City Owned Property Donation of City Owned Cinderblock Building Bus Garage Medical School Fayette Street Parking Lot Donation of 21 Feet of City Owned Property Conveyance of Properties on Fayette/Moss Streets to ICSM Medical School  City Council Agenda Summary Meeting Date: July 8, 2014 Item No: 3. Department: City Manager Issue: Hear an update on incubator operations from M-HC Chamber of Commerce. Summary: Amanda Witt of the Chamber of Commerce will give this update and answer any questions. Attachments: None Recommendations: No action required  City Council Agenda Summary Date: July 8, 2014 Item No: 4. Department: City Attorney Issue: Hear update from Planning Commission regarding Urban Chicken Ordinance Summary: In response to citizen requests to allow keeping chickens in the City (currently, poultry and livestock are banned: Code § 5-18), the Planning Commission vetted the issue. By a vote of 5 to 1, the Commission forwarded the attached draft ordinance to Council for adoption in the event Council decides to allow chickens. The Commission, however, by the same vote did not endorse the concept of allowing chickens. The draft ordinance is modelled on the City of Salem. Unlike Salem, it imposes the requirement of obtaining a special use permit. Planning Commission discussion noted the permit’s cost ($200), the requirement to notify neighbors, and the review process would deter those with only a casual interest, would offer surrounding property owners the opportunity to voice any objection, and would give the City the opportunity to assess the ability of any person interested in keeping chickens to abide by the requirements imposed. Attachments: Draft ordinance Recommendations: Discussion and consideration of placement on July 22 agenda for public comment and potential adoption on first reading. DRAFT ORDINANCE, FOR PURPOSES OF DISCUSSION City of Martinsville, Virginia, Code Sec. 5-19. Keeping of chickens. (A) Intent. The keeping of chickens supports a local, sustainable food system by providing an affordable, nutritious food source of fresh eggs. These regulations are to provide appropriate standards for the keeping of chickens within an urban residential environment, while protecting the residential integrity of the surrounding neighborhood and the health and safety of the chickens. (B) General standards. Nothwithstanding the provisions of City Code Section 5-18, the keeping of chickens, as defined herein, shall be permitted as an accessory use to single family dwellings if (i) the use is conducted at the applicant's place of residence, (ii) the use is conducted for personal household consumption only, and (iii) subject to the following conditions: 1. Each parcel shall contain one single family dwelling and must have a minimum lot size of one-quarter acre (10,890 square feet). 2. Chickens are defined herein as domestic female chicken hens. Roosters are prohibited. 3. Chickens shall be kept for the household's personal consumption only. Commercial use such as selling eggs or selling chickens for meat shall be prohibited. 4. There shall be no slaughtering or processing of chickens at the applicant’s place of residence; all slaughtering or processing is to be conducted at a commercial butcher or processing facility. 5. No more than six chickens shall be allowed. 6. Adequate shelter, care and control of the chickens are required. Any person allowed to keep chickens under this section shall comply with all of the provisions and requirements of the city and state code regarding care, shelter, sanitation, health, rodent control, cruelty, neglect, noise, reasonable control and any other requirements pertaining to, but not limited to, the adequate care and control of animals in the city. 7. The owner of the chickens shall take necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites. Chickens  found to be infested with insects and parasites that may result in unhealthy conditions may be removed by an animal control officer. 8. Chickens shall not be allowed to roam free. They shall be kept in an enclosed secure area not to exceed a total of 128 square feet, hereinafter known as a pen. Pens shall include a coop (enclosed structure) containing a minimum of one and one-half square foot per hen and an open run area containing a minimum of eight square feet per hen. Pens may be portable. 9. The materials used for pens shall be uniform and kept in good condition in order to protect the safety of the chickens. 10. All pens shall be deemed accessory structures and shall comply with the setback requirements as provided in the City Zoning Code, City Code Appendix B, and shall be no closer than 50 feet from any adjacent principal structure, situate on an adjacent parcel, other than that of the owner of the chickens. Portable pens shall be moved on a regular basis. 11. All pens shall be located in the rear yard only. 12. All pens shall be located out of any drainage areas that could allow fecal matter to enter a storm drainage system or stream. 13. All pens shall be constructed and maintained so as to be impermeable to rodents, wild birds, and predators, including dogs and cats, and to prevent such animals or other pests from being harbored underneath, inside, or within the walls of the enclosure. All pens must be kept dry, well-ventilated, and in sanitary condition at all times, and must be cleaned on a regular basis to prevent offensive odors. All manure not used for composting or fertilizing shall be removed promptly. Odors from chickens, manure, or other chicken-related substances shall not be detectable at the property boundaries. 14. All feed or other material intended for consumption by the chicken shall be kept in containers impenetrable by rats or other rodents, and such container shall be equipped with tightly fitting caps or lids. All feeding shall be conducted in a manner so as to prevent unconsumed food from being accessible to other animals or rodents. The presence of rodents in an area used for the keeping of chickens shall be prima facie evidence that such area is maintained in violation of this section.  15. Composting of chicken litter and waste on site is highly encouraged. If any litter and/or waste is to be disposed of, it must be double bagged and securely closed and deposited in either a city approved receptacle or taken to the city transfer station. Also, any dead chickens shall also be double bagged and securely closed and deposited in either a city approved receptacle or taken to the city transfer station. 16. Disposal of litter, waste, and dead chickens on public land or in the sewage or stormwater collection system is strictly prohibited. (C) Administration. 1. Persons initially wishing to keep chickens pursuant to this subsection must file an application with the city zoning department, to be processed as a Special Use Permit as set forth in the City Zoning Code, City Code Appendix B, Section VIII. The application shall include a sketch showing the area where the chickens will be housed and all types and size of enclosures in which the chickens will dwell. The sketch must show all property dimensions and setbacks. Prior to consideration of approval, the site and proposed enclosures shall be inspected and approved by the city's animal control officer. 2. If the application is approved, it must be renewed annually in July by filing a renewal application with the city zoning department, along with payment of a $25.00 renewal fee. The animal control officer shall make another inspection of the site, prior to the approval of the renewal application. 3. Any violations found may subject the owner to revocation of their permit and to criminal charges as provided herein. 4. The provisions of this section shall be enforced by the zoning administrator and such enforcement authority may be delegated by the administrator to the animal control office or other departments of the city. 5. Any person violating any of the provisions of this section shall be deemed guilty of a class 4 misdemeanor. Each day a violation continues shall constitute a separate offense.  City Council Agenda Summary Meeting Date: July 8, 2014 Item No: 5. Department: Water Resources Issue: Consider approval ordinance on first reading regarding Water and Sewer Services Terms and Conditions Summary: Staff recently received a request from the Virginia Department of Environmental Quality to revise the City’s "Appendix B - Regulations Governing Industrial Discharges in the Sanitary Sewer" and the "Enforcement Response Plan" to comply with new laws. The recommended changes have been made and DEQ has reviewed and approved the document. The proposed revision will bring the City into compliance with current State and EPA regulations. Appendix B is a complete rewrite for the Regulations Governing Industrial Discharges to the Sanitary Sewer. The purpose of the regulations is to prevent or curtail discharges that can harm or damage any aspect of the City's Wastewater Treatment Plant, the City's sewer infrastructure or the Treatment Plants Operation. Appendix C is new and covers the Enforcement Response Plan. Changes recommended to the Water and Sewer Terms and Conditions include the Table of Contents and connection fees. The connection fees for ¾ inch water changes from $675.00 to $900.00, and 1 inch changes from $775.00 to $950.00. Sewer connections change from $650.00 to $850.00 for 4 inch and from $700.00 to $900.00 for 6 inch. The current connection fees have been in effect since March, 2006 and the recommended increases allow the City to more accurately recover the actual cost for the connections. While not technically an ordinance, this is adoption of regulations which have the force of law and therefore require approval on two readings. Attachments: Revised; Water and Sewer Terms and Conditions. Recommendations: Motion to approve on first reading with a roll call vote.  City Council Agenda Summary Date: July 8, 2014 Item No: 6. Department: City Attorney Issue: Consider approval on second reading of amended ordinance regarding electronic summons court assessment Summary: The 2014 General Assembly passed legislation allowing localities to assess $5.00 on every criminal and traffic case, to fund software, hardware, and associated equipment costs for the implementation and maintenance of an electronic summons system. This assessment has been requested by the Circuit Court Clerk and the Police Department. Council approved this ordinance on first reading with a 4-1 vote at the June 24, 2014 meeting. The maximum assessment allowed is $5.00 and Council has the discretion to establish a lower assessment as they deem appropriate before approval on second reading. Attachments: Amended ordinance (see new subsection “c”) Recommendations: Motion to approve on second reading with a roll call vote.  CITY OF MARTINSVILLE, VIRGINIA ORDINANCE NO. 2014-1 ELECTRONIC SUMMONS SYSTEM COURT ASSESSMENT BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in regular session assembled on July 8, 2014, that section 1-15 of the Code of the City of Martinsville, be amended as follows: Sec. 1-15. Special court costs assessments. (a) Law library. (1) Two dollars ($2.00) shall be assessed, as part of the costs incident to each civil action filed in both the courts of record and the courts not of record in the city, pursuant to section 42.1-70 of the Code of Virginia. Such assessment shall be collected by the clerk of the court in which the action is filed and such collections shall be remitted, at the end of each month, to the city treasurer, to be deposited and held by such treasurer subject to disbursements authorized by the city council or its agent for the acquisition of law books and law periodicals for the establishment, use and maintenance of a law library, which library shall be open for the use of the public, and for such other purposes as are allowed by section 42.1-70 of the Code of Virginia. (2) The assessment provided for in this section shall be in addition to all other costs prescribed by law, but shall not apply to any action in which the commonwealth or any political subdivision thereof or the federal government is a party and in which the costs are assessed against the commonwealth or any political subdivision thereof or the federal government. (b) Jail and court-related facilities; construction, maintenance, etc. (1) The sum of two dollars ($2.00) be, and it hereby is, assessed as part of the costs in each civil action filed in the general district court of the city, the juvenile and domestic relations district court of the city, and the circuit court of the city, and in each criminal and traffic case in said general district court, juvenile and domestic relations district court or said circuit court in which the defendant is charged with a violation of any statute or ordinance, which assessment shall be collected by the clerk of the court in which the action is filed and remitted to the city treasurer and held by such treasurer subject to disbursement by the council for the construction, renovation or maintenance of courthouse or jail and court-related facilities and to defray increases in the cost of heating, cooling, electricity and ordinary maintenance.  (2) The assessment provided for herein shall be in addition to any other fees prescribed by law. (c) Electronic summons system (1) The sum of five dollars ($5.00) is hereby assessed as part of the costs in each criminal or traffic case in the juvenile and domestic relations court, general district court and circuit court of the city, in which the defendant is charged with a violation of any statute or ordinance. The assessment shall be collected by the clerk of the court in which the action is filed, remitted to the city treasurer, and held by the city treasurer subject to disbursements by the city council to any local law-enforcement agency solely to fund software, hardware, and associated equipment costs for the implementation and maintenance of an electronic summons system. (2) The assessment provided for herein shall be in addition to any other fees prescribed by law. (Statutory authority for subsection c: Code of Virginia § 17.1-279.1) (Code 1971, § 1-8; Ord. No. 92-12, 7-28-92; Ord. No. 98-1, 1-13-98, Ord.14-1, 7-8-14) ********* Attest: ________________________________ Brenda Prillaman, Clerk of Council _______________ _______________ Date Adopted Date Effective  City Council Agenda Summary Date: July 8, 2014 Item No: 7. Department: City Attorney Issue: Consider approval on first reading of business entertainment noise ordinance exception Summary: A potential business considering Uptown and the Phoenix CDC requested this change. The draft ordinance is taken from several Virginia localities with “vibrant” downtown business districts with active nightlife; it is primarily modeled after Staunton and Charlottesville. The Planning Commission extended application citywide, and unanimously endorses this ordinance for Council’s approval. The draft ordinance’s imposition of a permit in “the same form and manner as that prescribed for public dances, pursuant to section 4-30 et seq.” requires the application to be approved by the Chief of Police. The annual fee is $50.00. Attachments: Draft ordinance Recommendations: Motion to approve on first reading with a roll call vote.  CITY OF MARTINSVILLE, VIRGINIA ORDINANCE NO. 2014-2 BUSINESS ENTERTAINMENT NOISE EXCEPTION BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in regular session assembled on July 8, 2014, that a new code section, section 13-11.1, be added to the Code of the City of Martinsville as follows: 13-11.1 Business entertainment noise exception. (1) Notwithstanding section 13-11, entertainment may be provided by any business in the city licensed pursuant to paragraph (2) hereof. In such cases, the level of noise created by or from the entertainment shall not be audible at any point 200 feet away from the apparent property boundary of the property from which the noise emanates; and, notwithstanding the foregoing, during the period beginning 2:00 a.m. local time and ending 9:00 a.m. local time, such noise shall not occur or extend beyond the interior of such businesses. “Entertainment” as used herein shall mean music made by what are commonly known as musical instruments, recordings of music, choral or vocal singings, and spoken performances, any of which are sponsored or provided by the business wherefrom the noise emanates. (2) Businesses wishing to provide entertainment subject to the exemption of this section shall first obtain a permit, in the same form and manner as that prescribed for public dances, pursuant to section 4-30 et seq. of this Code ********* Attest: ________________________________ Brenda Prillaman, Clerk of Council _______________ _______________ Date Adopted Date Effective  City Council Agenda Summary Meeting Date: July 8, 2014 Item No: 8. Department: Finance Issue: Consider approval of consent agenda. Summary: The attachments amend the FY14 Budget with appropriations in the following funds: FY14: General Fund: $52,454 – Donations, Reimbursements, Federal Asset Forfeitures Attachments: Spreadsheet Recommendations: Motion to approve  BUDGET ADDITIONS FOR 7/08/2014 ORG OBJECT DESCRIPTION DEBIT CREDIT FY14 General Fund: 01100908 480406 Misc. Revenue - Donations to Recreation 1,205 01713211 503190 Park Maintenance - Prof. Service - Bldg/Grounds Maint. 1,205 Donation from M'ville Rec Assoc for A/C @ Southside 01102926 436401 Categorical Federal - Confiscated Assets - Police Dept. 50,869 01311085 506079 Police Dept. - Federal Asset Forfeitures 50,869 Federal Forfeiture Funds received in April 2014 01100909 490104 Advanced/Recovered Costs 380 01321102 506007 Fire Dept - Repair & Maint Supplies 280 01321102 506130 Fire Dept - Repair/Maint - Burn Building 100 Reimbursements for training/use of facility Total General Fund: 52,454 52,454