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 22, 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. Appointments to Boards and Commissions as authorized by Subsection 1. 7:30—Regular Session Invocation & Pledge to the American Flag-Vice Mayor Gene Teague 1. Consider approval of minutes of May 13, 2014 Council meeting. (2 mins) 2. Presentation of proclamation National Night Out. (2 mins) 3. Hear public comment regarding urban chickens and consider ordinance 1st reading. (10 mins) 4. Consider approval of resolution confirming support and continued use of the National Incident Management System (NIMS) as the City standard for incident management. (10 mins) 5. Hear quarterly staff update on Utilities, Electric, Water & Sewer. (20 mins) 6. Hear update regarding revenue impact of changing City’s BPOL rates and thresholds. (10 mins) 7. Consider approval of ordinance, on second reading, regarding Water & Sewer Terms & Conditions. (10 mins) 8. Consider approval of ordinance on second reading regarding business entertainment exception to the noise ordinance. (5 mins) 9. Consider setting dates and locations for Council’s FY15 Neighborhood meetings. (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 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. 12. Comments by members of City Council. (5 minutes) 13. Comments by City Manager. (5 minutes)  City Council Agenda Summary Meeting Date: July 22, 2014 Item No: 1. Department: Clerk of Council Issue: Consider approval of minutes of City Council meeting May 13, 2014. Summary: None Attachments: May 13, 2014 minutes Recommendations: Motion to approve minutes as presented. May 13, 2014 The regular meeting of the Council of the City of Martinsville, Virginia, was held on May 13, 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 (Mr. Teague arrived a minute after closed session vote and closed session commenced), Sharon Brooks Hodge, Mark Stroud and Danny Turner. Staff present included: Leon Towarnicki, City Manager, Eric Monday, Brenda Prillaman, Linda Conover, Wayne Knox, Dennis Bowles, Sean Dunn, Steve Draper, Mary Prillaman and Danny Wimmer. 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 Sharon Brooks Hodge, seconded by Mark Stroud, with the following 4-0 recorded vote: Adkins, aye; Hodge, aye; Stroud, aye; and Turner, aye, Council convened in Closed Session, for the purpose of discussing the following matter: (A) 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 Danny Turner, 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 Mark Stroud and Pledge to the American Flag, the Mayor welcomed everyone to the meeting and announced an addendum to the agenda regarding a proclamation. Board actions taken: On a motion by Mark Stroud, seconded by Gene Teague, with a 5-0 vote, Council appointed Lisa Smith, 803 Banks Rd. to a 3 year term ending 4/13/17 on Dan River ASAP Board. On a motion by Danny Turner, seconded by Gene Teague, Council appointed Joseph Martin, 27 E. Church St., to a 4 year term ending 6/30/18 on the Planning Commission. Minutes: On a motion by Gene Teague, seconded by Sharon Brooks Hodge, with a 5-0 vote, Council approved the minutes of February 11, 2014 and February 25, 2014 meetings. Proclamation-National Police Week 2014 and Peace Officers’ Memorial Day-Mayor Adkins read and presented a proclamation recognizing employees of the Police Department and Sheriff’s Department. Public hearing on FY15 budget and approval of budget ordinance on first reading: Vice Mayor Teague made a motion to increase the city school funding with an additional $225,000 for a total of $375,000. Sharon Brooks Hodge seconded the motion and the motion passed with a 5-0 vote. Council Member Turner made a motion seconded by Council Member Hodge to re-vote again regarding the Dental Clinic and The Launch Place funding without those with conflicts. A substitute motion was made by Gene Teague, seconded by Mark Stroud to table the current motion on the floor. Motion to table failed with a 2-2 vote (Adkins-abstain; Teague-nay; Stroud-nay; Turner-aye, Hodge-aye). The original motion failed with a 2-2 vote (Adkins-abstain; Teague-nay; Stroud-nay; Turner-aye, Hodge-aye). Mayor Adkins opened the public hearing. Ural Harris-217 Stuart St.-concerns with Minet budget and outside agency funding; Pam Heath-expressed appreciation to City Council for school funding; Mark Stroud- apologized for raising his voice; Sharon Brooks Hodge-the budget concerns use of taxpayer’s money and the people should be able to ask questions; Kim Adkins-citizen questions are welcomed; Rives Coleman-Mulberry- thanked Council for school support. Mayor Adkins closed the public hearing. May 13, 2014 On a motion by Gene Teague, seconded by Mark Stroud, with the following recorded 5-0 vote: Adkins, aye; Teague, aye; Hodge, aye; Stroud, aye; and Turner, aye, Council approved the FY15 budget ordinance on first reading: 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. Public hearing on Zoning ordinance amendments: Wayne Knox briefed Council on the zoning ordinance amendment related to land use as a temporary flexibility option. Community Development has received inquiries from potential business owners regarding newer uses of land than the City’s Zoning Ordinance currently allows and 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. 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 to be more flexible with new businesses and new land uses. Planning Commission held a duly advertised public hearing on March 4, 2014 and no one spoke against the amendment and the Planning Commission voted (7-0) to send this amendment to City Council for consideration. Mayor Adkins opened the public hearing. No comments were made and the Mayor closed the public hearing. On 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 approved the following zoning ordinance amendment on first reading: 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, May 13, 2014 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) Review and recommendations regarding AMPGS project costs: Dennis Bowles briefed Council. As of March 31, 2014, the City’s total stranded costs are $903,391 inclusive of litigation and interest charges up to this date. AMP is holding the AMPGS site (land, site developments and power plant siting permits) as a potential site for future development and offering a credit of $364,467 leaving a balance due of $538,924. The plant held for future use liability of $364,467 is still a potential liability for the City if AMP is unable to develop the site or sell the site for future development. He provided an overview of options available for repayment of AMPGS stranded costs. After lengthy discussion, a motion was made by Gene Teague, seconded by Mark Stroud, with a 4-1 vote (Turner-nay) to accept the staff recommendation of Option C for repayment. Following is letter dated April 16, 2014 received from AMP: May 13, 2014 Following is letter to AMP outlining repayment option chosen: May 20, 2014 Ms. Marty Engelman American Municipal Power 1111 Schrock Rd Columbus, OH 43229 RE: AMPGS Stranded Cost Payment – City of Martinsville, VA Dear Ms. Engelman: In response to the letter dated April 16, 2014 from Mark Gerken regarding payment options for AMPGS stranded costs for the City of Martinsville, VA in the amount of $538,924, Martinsville City Council considered the matter at their recent May 13, 2014 meeting and selected Option C – Multiple Lump Sum Payments. Specifically, it is the City’s desire to cover its share of stranded costs in three (3) such payments - $200,000 in 2014 (from the fiscal year 2015 budget); $200,000 in 2015 (from the fiscal year 2016 budget); and the balance of $138,924 plus accrued interest in 2016 (from the fiscal year 2017 budget) since it is our understanding AMP will carry this cost on its line of credit and interest will be accrued at AMP’s line of credit rate. Given the City operates on a July 1 – June 30 fiscal year, in accordance with City Council’s approved payment schedule, could you please send a separate invoice after July 1 of each year for the amounts noted. Set public hearing for school board appointments: On a motion by Gene Teague, seconded by Danny Turner with a 5-0 vote, Council set the public hearing for May 27, 2014 for the purpose of receiving/interviewing citizens interested in appointments for two 3-year positions beginning July 2014 and ending June 30, 2017 to the City’s School Board. Consent agenda: On a motion by Gene Teague, seconded by Danny Turner, with a 5-0 vote, Council approved the following consent agenda: BUDGET ADDITIONS FOR 5/13/2014 ORG OBJECT DESCRIPTION DEBIT CREDIT FY14 General Fund: 01100909 490104 Advance/Recovered Costs 1,483 01331108 501300 Sheriff/Corrections - Part-time & Temporary Wages 1,080 01331108 502100 Sheriff/Corrections - Social Security 67 01331108 502110 Sheriff/Corrections - Medicare 16 01331108 506008 Sheriff/Corrections - Vehicle Equipment & Maint. 216 01331110 506200 Sheriff/Annex - Prisoner Allowance 104 Reimbursement from Henry County for litter pickup for March 2014 01100909 490137 Recovered Costs - Public Safety 44,468 01311085 501200 Police Dept - Overtime 24,661 01311085 502100 Police Dept - Social Security 1,529 01311085 502110 Police Dept - Medicare 358 01217078 501200 Sheriff - Courts - Overtime 2,996 01217078 502100 Sheriff - Courts - Social Security 186 01217078 502110 Sheriff - Courts - Medicare 43 01331108 501200 Sheriff - Corrections - Overtime 13,651 01331108 502100 Sheriff - Corrections - Social Security 846 01331108 502110 Sheriff - Corrections - Medicare 198 Reimbursements for use of officers/deputies Total General Fund: 45,951 45,951 CDBG Fund: 47101917 447062 Categorical Other - State - Northside Neighborhood Improv. 30,000 47835525 503130 Northside Neighborhood Improvement - PS Consultant 30,000 Establish the Northside Neighborhood Planning Grant Program Total CDBG Fund: 30,000 30,000 School Fund: 18102926 418297 Categorical Federal - NASA Program 25,150 61101100 561620 MSS - SEMAA - Supplemental S&W 4,000 61101100 562100 MSS - SEMAA - Social Security 248 61101100 562150 MSS - SEMAA - Medicare 58 May 13, 2014 61101100 565504 MSS - SEMAA - Student Competitions 700 61101100 565800 MSS - SEMAA - Miscellaneous Expense 5,200 61101100 566000 MSS - SEMAA - Materials & Supplies 420 66501100 561120 MSS - Summer SEMAA - Instructional S&W 3,000 66501100 561151 MSS - Summer SEMAA - Instructional Aide S&W 5,000 66501100 562100 MSS - Summer SEMAA - Social Security 496 66501100 562150 MSS - Summer SEMAA - Medicare 115 66501100 566013 MSS - Summer SEMAA - Instructional Materials 5,913 Total CDBG Fund: 25,150 25,150 Business from floor: Ural Harris-217 Stuart St.-requested that Council contact Attorney General and legislators regarding AMP. Council comments: Stroud-comments on UVA baseball team; Turner-congratulations to NCI on grants and Dr. Boaz on the clinic. City Manager comments: (1) reported that salary of MINET position had to be a market place industry salary relative to skills and abilities (2) Henry Hotel closing date around late June (3) Housing office transfer likely will not occur before January 1, 2015. (4) siren warning system vendor soon to be selected (5) gave paving schedule update and noted city will be using slurry due to asphalt costs. (6) recognized new Police Chief Sean Dunn (7) Mustangs season begins next Friday. Vice Mayor Gene Teague complimented the city staff on hard work done on this year’s budget and Mr. Towarnicki suggested the process with the school board budget should be looked at an early worksession before the city’s budget process. There being no further business, the meeting adjourned at 9:00 pm. _______________________________ __________________________ Brenda Prillaman Kim Adkins Clerk of Council Mayor  City Council Agenda Summary Meeting Date: July 22, 2014 Item No: 2. Department: City Council Issue: Presentation of proclamation regarding August 5, 2014 National Night Out. Summary: Officer Coretha Gravely and captains of several City Neighborhood Watch Groups will be present to accept the proclamation. Attachments: Proclamation Recommendations: Presentation only  PROCLAMATION NATIONAL NIGHT OUT August 5, 2014 WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique, nationwide crime, drug and violence prevention program on August 5, 2014 entitled “National Night Out”; and WHEREAS, the Annual National Night Out provides a unique opportunity for the City of Martinsville to join forces with thousands of other communities across the country in promoting cooperative, police-community crime prevention efforts; and WHEREAS, Martinsville City Council plays a vital role in assisting the Martinsville Police Department and Sheriff’s Office through joint crime, drug and violence prevention efforts in the City of Martinsville and is supporting “National Night Out 2014” locally; and WHEREAS, it is essential that all citizens of Martinsville be aware of the importance of crime prevention programs and impact that their participation in Neighborhood Watch groups and their community can have on reducing crime, drugs and violence in Martinsville; and WHEREAS, police-community partnerships, neighborhood safety, awareness and cooperation are important themes of the “National Night Out” and Neighborhood Watch programs; now, therefore I, Kim E. Adkins, Mayor of the City of Martinsville, Virginia, do hereby call upon all citizens of Martinsville to join City Council and the National Association of Town Watch in supporting the “Annual National Night Out” and do hereby proclaim Tuesday, August 5, 2014 as NATIONAL NIGHT OUT AGAINST CRIME in the City of Martinsville. Kim E. Adkins Mayor  City Council Agenda Summary Date: July 22, 2014 Item No: 3. Department: City Attorney Issue: Hear public comment regarding potential urban chicken ordinance and consider ordinance approval on first reading. 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: Hear public comment; discussion and consideration of potential adoption on first reading requiring a roll call vote. 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 22, 2014 Item No: 4. Department: City Manager Issue: Consider approval of a Resolution confirming support and continued use of the National Incident Management System (NIMS) as the City standard for incident management. Summary: Each year staff is required to complete a Virginia Department of Emergency Management Local Capability Assessment for Readiness report by July 1, and a FEMA National Incident Management System Compliance Assistant Support Tool (NIMSCAST) report by October 1, both of which pertain to a locality’s preparedness and ability to respond to emergency-type incidents. Both reports include a reference to confirmation of the locality’s adoption of the National Incident Management System as the standard established protocol for incident management. The attached Resolution, originally adopted in 2005, provides an excellent description of the purpose and importance of a standard uniform incident management system. The Resolution hasn’t been readopted since, and is an annual requirement as outlined in the two reports noted above. Attachments: Resolution Recommendations: Motion to adopt the Resolution  RESOLUTION ESTABLISHING NIMS AS THE CITY STANDARD FOR INCIDENT MANAGEMENT WHEREAS, the President in Homeland Security Directive (HSPD)-5, directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for Federal, State, and local governments to work together more effectively and efficiently to prevent, prepare for, respond to and recover from domestic incidents, regardless of cause, size or complexity; and WHEREAS, the collective input and guidance from all Federal, State, and local homeland security partners has been, and will continue to be, vital to the development, effective implementation and utilization of a comprehensive NIMS; and WHEREAS, it is necessary and desirable that all Federal, State, and local emergency agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management; and WHEREAS, to facilitate the most efficient and effective incident management it is critical that Federal, State, and local organizations utilize standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualification standards, uniform standards for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters; and WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities and resources will improve the city's ability to utilize federal funding to enhance local agency readiness, maintain first responder safety, and streamline incident management processes, and WHEREAS, the Incident Command System components of NIMS are already an integral part of various city/county incident management activities, including current emergency management training programs; and WHEREAS, the National Commission on Terrorist Attacks (9-11 Commission) recommended adoption of a standardized Incident Command System; now, therefore BE IT RESOLVED by the City Council of the City of Martinsville, Virginia, in regular session assembled July 22, 2014 that the National Incident Management System (NIMS) is established as the City standard for incident management. ******* Attest: _________________________________ Brenda Prillaman, Clerk of Council __________________________________ Date Adopted  City Council Agenda Summary Meeting Date: July 22, 2014 Item No: 5. Department: Utilities Issue: Hear quarterly staff update on Utilities, Electric, Water & Sewer. Summary: City Staff will provide an update on Electric, Water and Sewer operations for the term January – June 2014. Attachments: None Recommendations: Information only, no action necessary  City Council Agenda Summary Meeting Date: July 22, 2014 Item No: 6. Department: Commissioner of the Revenue Issue: Hear an update on revenue impact of changing City’s BPOL rates and thresholds Summary: During the April 23, 2014 budget work session city council made an adjustment to the FY 2015 budgeted BPOL revenue line to reflect their desire to change the city’s threshold for applying the gross receipts rates for the City’s Business, Professional and Occupational License tax to match that of Henry County. Currently Henry County does not charge a tax rate on the gross receipts of a business for business license purposes until the gross receipts are $100,000 or more. Henry County does assess a minimum license fee of $30 for businesses with gross receipts below $100,000. City Council members had requested an update at a later time of revenue impacts for different rate change scenarios for eventually moving the city’s BPOL rates to either align with Henry County’s or at least lower the current City rates. Attachments: None Recommendations: Council will need to adopt an ordinance by October 2014 to be effective January 1, 2015 for the 2015 BPOL license year, setting a threshold amount at which a BPOL gross receipts tax shall be imposed.  City Council Agenda Summary Meeting Date: July 22, 2014 Item No: 7. Department: Water Resources Issue: Consider approval of ordinance on second reading regarding Water and Sewer Services Terms and Conditions Summary: Staff recently received a request from the DEQ 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. It 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 Revised Water & Sewer Terms & Conditions on second reading with a roll call vote.  City Council Agenda Summary Date: July 22, 2014 Item No: 8. Department: City Attorney Issue: Consider approval on second reading regarding 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: Adopt on second reading by 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 22, 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 22, 2014 Item No: 9. Department: City Manager Issue: Discussion of schedule and location FY15 City Council Neighborhood Meetings Summary: Neighborhood Council Meetings have been held for several years giving citizens the opportunity to voice concerns to Council about issues in their neighborhoods. During the past year, Neighborhood meetings were held on the fourth Monday at 7:30pm following a neighborhood tour just prior to the meeting. Following is last year’s neighborhood meeting schedule with options for other locations for FY15 Neighborhood Meetings: SEPTEMBER 22, 2014-Druid Hills/Uptown TOUR 5:30 LAST YEAR at City School Administrative office OPTION: Martinsville High School or Library NOVEMBER 24, 2014-Southside LAST YEAR at Fuller Memorial Church TOUR 4:30 OPTION: Wesley Methodist Church or VMNH FEBRUARY 23, 2015-Northside/Chatham Hts. TOUR 4:30 LAST YEAR at Chatham Hts. Baptist Church OPTION: Clearview Wesleyan Church or McCabe Baptist Church APRIL 27, 2015-Westside TOUR 5:30 LAST YEAR at Albert Harris School OPTION: Housing office or High Street Baptist Church Attachments: None Recommendations: Direct staff to coordinate meetings and locations.  City Council Agenda Summary Meeting Date: July 22, 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: $70,574 – Reimbursements & Grant Attachments: Spreadsheet Recommendations: Motion to approve.  BUDGET ADDITIONS FOR 7/22/2014 ORG OBJECT DESCRIPTION DEBIT CREDIT FY14 General Fund: 01100909 490104 Advance/Recovered Costs 3,791 01331108 501300 Sheriff/Corrections - Part-time & Temporary Wages 2,760 01331108 502100 Sheriff/Corrections - Social Security 171 01331108 502110 Sheriff/Corrections - Medicare 40 01331108 506008 Sheriff/Corrections - Vehicle Equipment & Maint. 552 01331110 506200 Sheriff/Annex - Prisoner Allowance 268 Reimbursement from Henry County for litter pickup for May & June 01100909 490801 Recovered Costs - Senior Citizens 3,796 01714212 506016 Senior Citizens - Program Supplies 2,895 01714212 501300 Senior Citizens - Part-time Wages 498 01714212 502100 Senior Citizens - Social Security 31 01714212 502110 Senior Citizens - Medicare 7 01714212 506049 Senior Citizens - Vehicle Fuels 365 Bingo & Trip receipts; Transportation Grant - June 2014 01101917 442810 Categorical State Other - Highway Projects 62,987 01413151 508220 Thorofare Construction 62,987 Liberty St project reimbursement Total General Fund: 70,574 70,574