City Council

AGENDA--CITY COUNCIL -- CITY OF MARTINSVILLE, VIRGINIA Council Chambers – Municipal Building 7:00 pm Closed Session 7:30 pm regular session Tuesday, February 10, 2015 7:00 pm --Closed Session Items to be considered in Closed Session, in accordance with the Code of Virginia, Title 2.2, Chapter 37—Freedom of Information Act, Section 2.2-3711(A)—Closed Meetings, the following: A. A prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business’ or industry’s interest in locating or expanding its facilities in the community as authorized by Subsection 5. B. Appointments to Boards and Commissions as authorized by Subsection 1. C. Consultation with legal counsel and briefings by staff members, attorneys or consultants pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by such counsel, as authorized by Subsection 7. 7:30—Regular Session Invocation & Pledge to the American Flag-Council Member Gene Teague. 1. Consider approval of minutes November 24, 2014 tour and November 24, 2014 meetings.(2 mins) 2. Hear an update from Mark Heath of the M-HC Economic Development Corporation. (10 mins) 3. Hear an update from Dave Hoback, Executive Director of West Piedmont Planning District Commission. (10 mins) 4. Hear finance report. (5 mins) 5. Consider approval of consent agenda. (2 mins) 6. Hear update from City Attorney regarding landlord/tenant issues. (10 mins) 7. Business from the Floor This section of the Council meeting provides citizens the opportunity to discuss matters, which are not listed on the printed agenda. In that the Council meetings are broadcast on Martinsville Government Television, the City Council is responsible for the content of the programming. Thus, any person wishing to bring a matter to Council’s attention under this Section of the agenda should: (1) come to the podium and state name and address; (2) state the matter that they wish to discuss and what action they would like for Council to take; (3) limit remarks to five minutes; (4) refrain from making any personal references or accusations of a factually false and/or malicious nature. Persons who violate these guidelines will be ruled out of order by the presiding officer and will be asked to leave the podium. Persons who refuse to comply with the direction of the presiding officer may be removed from the chambers. 8. Comments by members of City Council. (5 minutes) 9. Comments by City Manager. (5 minutes)  City Council Agenda Summary Meeting Date: February 10, 2015 Item No: 1. Department: Clerk of Council Issue: Consider approval of minutes of City Council meetings November 24, 2014 tour and November 24, 2014 Neighborhood meeting. Summary: None Attachments: November 24, 2014 tour November 24, 2014 meeting Recommendations: Motion to approve minutes as presented. November 24, 2014 The City Council of the City of Martinsville, Virginia, assembled on November 24, 2014 at 4:30 P.M. to tour the Southside area neighborhoods prior to their quarterly Neighborhood Focus Meeting scheduled for Southside area at 7:30pm at the Fuller Memorial Baptist Church, 1204 Askin Street. Council Members present for the tour included: Mayor Kim Adkins, Vice Mayor Teague, Mark Stroud, Danny Turner and Sharon Brooks Hodge. Others present included: Leon Towarnicki, Andy Powers, Coretha Gravely, Eddie Cassady, and Mickey Powell. No other business was conducted during the tour and immediately after the tour ended, Council members disbursed. _______________________________ __________________________ Brenda Prillaman Kim Adkins Clerk of Council Mayor November 24, 2014 Martinsville City Council Neighborhood Meeting for the Southside area was held on November 24, 2014, at the Fuller Memorial Baptist Church, 1204 Askin Street at 7:30 PM, with Mayor Kim Adkins presiding and Council members present including: Vice Mayor Teague, Mark Stroud, Sr., Sharon Brooks Hodge, Danny Turner and Council Member Elect Jennifer Bowles. Staff present: Leon Towarnicki, Karen Roberts, Eric Monday, Coretha Gravely, Eddie Cassady, Kenneth Draper and Andy Powers. Mayor Adkins called the meeting to order and Rev. Fred Harding gave the invocation. Mayor Adkins asked Andy Powers to present his property maintenance report and then opened the floor for public comment. Citizen comments and follow up: Garland Hairston, 110 Pony Place - In residential areas if neighbors/property owners cut trees and leave on the property, is that a PM violation . Andy Powers responded – if the property in question is a wooded lot, there is no PM violation. If the property is not a wooded lot and trees are cut and pieces/debris is left in place, that is a PM violation. Mr. Hairston noted the retirement of Marshall Thomas in the Police Department and inquired about City’s efforts to recruit more minorities to the police force. Several City staff and Council members addressed this. HR presented a report on this matter to City Council at the January 13, 2015 meeting. A copy of the report will be available with the meeting minutes. Howard Hairston, 1307 Askin Street – noted there are no speed limit signs on Forest Street and Highland Street. Speed limit signs have been placed on Highland Street Linda Lawry, Graves Street – made several comments about landlord/tenant relationship, noting “landlords can hold tenants hostage” in their current rental relationship through possible retaliatory actions if tenants complain/raise issues regarding dwelling conditions or issues. Andy Powers noted there is a Landlord/Tennant Act that outlines certain rights and abilities. City Attorney Eric Monday will report on this at Council’s February 10, 2015 meeting. Natalie Law, 1212 Roundabout Road - City has some signs posted – “No Stopping, Standing” – What has to occur for those signs to be enforced? Ms. Law noted this was occurring on a sidewalk. Eddie C reported that PD has to witness a violation and they will check into it. Larry Martin – 755 Stultz Road – Captain of Neighborhood Watch at Northview Gardens Apts on Stultz Road – noted issues with drug activity in some of the buildings at the complex and apartment management appears uncaring regarding tenants allowed to live there. PD noted that only 2 of the buildings (200 and 300 blocks) are in the City and they are now working that area. Police are working closely with Northview Gardens Management and have increased presence in the area. SID is also targeting the location. PD has also reached out to HCSO as the majority of these apartments are in their jurisdiction.. Linda Lawry, Graves Street – complained about the noise coming from ATVs in her neighborhood, and what can be done? Citizens should contact the Martinsville Police Department regarding complaints of this nature. Ruby Stultz 108 Pony Place – inquired about guardrail along Fayette and Cardinal Lane. This issue was passed along to the Martinsville Transportation Safety Commission for their review and recommendation. November 24, 2014 The TSC recommended installation of guardrail on Fayette from Pony Place to the underpass, but did not find sufficient justification for installation along Fayette from Pony Place to Pine Hall Road, nor at the intersection of Cardinal Lane/Pony Place. Installation of guardrail on Fayette from Pony Place to the underpass has been completed. Several residents had questions about the meter-replacement project discussed at the City Council Work Session on Thursday, November 20. No action needed. Shirley Frazier, 1310 Cardinal Lane – had question about what needs to occur to turn power back on in a structure where power had been disconnected for more than 6 months. Andy P responded the structure is typically reinspected to ensure safety before turning power back on, particularly if vandalism may have occurred that may compromise the electrical system within the dwelling. Pastor at the Church, Fred Harding – questions about utility and garbage bills for unoccupied dwellings Staff explained that minimum bills continue to occur even if no usage at the property , and the garbage bill is a companion bill with electric. Garland Hairston, Askin Street – garbage workers sometimes fail to empty garbage cans without bags. Staff suggested they contact PW when this occurs. Mr. Hairston commented on street lights on Askin and a dark area near the location where “the hill” is, as Askin continues into the County. The City has street lighting (on every other pole) on Askin St., to the City limits and the City line continues into the county beyond the city limits but City does not provide lighting in the county. Linda Lawry – does the proposed LED light conversion project apply to dusk-to-dawn lights on private property, purchased from the City. Yes, all street lighting including city leased dusk to dawn lighting will be converted to LED should the project be fully implemented. Mr. Hairston, 1307 Askin Street – has a dusk-to-dawn light purchased from City located near his property line, and inquired if there is cost to move the light to another location within his yard to better light his property? Issue is still unresolved - City Electric has completed considerable research into this matter and has been unsuccessful in attempts to contact Mr. Hairston (including both visits to the site as well as leaving phone messages). Council Member Hodge asked for a report at a later meeting regarding recruitment and diversity. There being no further business, the meeting adjourned at 8:45 pm. _______________________________ __________________________ Brenda Prillaman Kim E. Adkins Clerk of Council Mayor  City Council Agenda Summary Meeting Date: February 10, 2015 Item No: 2. Department: City Manager Issue: Hear an update from the Martinsville-Henry County Economic Development Corporation. Summary: Mark Heath of the EDC will give this update and answer any questions. Attachments: None Recommendations: No action required  City Council Agenda Summary Meeting Date: February 10, 2015 Item No: 3. Department: City Manager Issue: Hear an update from the West Piedmont Planning District Commission. Summary: Executive Director Dave Hoback will give this update and answer any questions. Attachments: None Recommendations: No action required  City Council Agenda Summary Meeting Date: Feb. 10, 2015 Item No: 4. Department: Finance Issue: Hear Finance Report Summary: FY15 – First Half 12/31/14 - Revenues & Expenditures; Combined Balance Sheet; Fund Balance Exclusive of School and Special Revenue funds, actual revenues were $29,126,150, representing 98.9% of the anticipated $29,452,105 through the first half of FY15, ending December 31, 2014. Having received five months receipts, Local Sales & Use Taxes collected through December 31st were less than anticipated by $8,132, for total receipts of $732,868. Overall Utility revenues averaged 94.6% of anticipated with Refuse, Minet/Fiber Optic, and Electric Funds not meeting expectations. Actual expenditures at mid-year were $31,739,619, which represents 10.2% of the anticipated amount of $31,058,771. The “actual” figures include all outstanding encumbrances of $1,064,707, and the funds required to be returned to the Commonwealth of $110,184 in December. As of December 31st, the total Combined Fund Balance and Net Position was $16,230,887, a decrease from FY14 year-end of $3,400,341. The available cash-on-hand for all City Funds was $12,541,112, a slight increase over the same time period last year of $250,645. The Projected year-end Fund Balance for FY15, based upon budgeted activities, inclusive of re-appropriations and other budget additions approved by Council, is $15,325,401, a decrease of $4,305,827 from FY14 year-end. Attachment: Revenues and Expenses Combined Balance Sheet Projected Fund Balance Recommendations: Motion to approve financial report.  City of Martinsville Consolidated Revenues and Expenditures FY15 - December 31, 2014 (prepared for 2/10/15 meeting) Actual Remaining Difference Budget Anticipated YTD Balance Ant vs. Actual General Fund Revenues $ 28,704,157 $ 13,635,711 $ 13,733,287 $ 14,970,870 100.7% Expenditures 30,644,474 15,063,301 15,188,951 15,455,523 100.8% Excess (deficiency) of revenues over expenditures $ (1,940,317) $ (1,427,590) $ (1,455,664) (Fund Bal contrib) Actual Remaining Difference Budget Anticipated YTD Balance Ant vs. Actual Capital Funds Meals Tax Revenues $ 2,066,792 $ 990,969 $ 1,008,065 $ 1,058,727 101.7% Expenditures 2,224,415 1,423,728 1,423,728 800,687 100.0% Excess (deficiency) of revenues over expenditures $ (157,623) $ (432,759) $ (415,663) Capital Reserve Revenues $ 1,101,757 $ 552,949 $ 552,949 $ 548,808 100.0% Expenditures 1,242,380 931,593 931,593 310,787 100.0% Excess (deficiency) of revenues over expenditures $ (140,623) $ (378,644) $ (378,644) TOTAL CAPITAL FUNDS: $ (298,246) $ (811,403) $ (794,307) (Fund Bal contrib) Actual Remaining Difference Budget Anticipated YTD Balance Ant vs. Actual Refuse Fund Revenues $ 2,154,507 $ 1,034,147 $ 908,643 $ 1,245,864 87.9% Expenditures 2,560,135 1,336,985 1,298,512 1,261,623 97.1% Excess (deficiency) of revenues over expenditures $ (405,628) $ (302,838) $ (389,870) MINet/Fiber Optic Fund Revenues $ 780,644 $ 448,519 $ 369,751 $ 410,893 82.4% Expenditures 792,492 473,407 609,275 183,217 128.7% Excess (deficiency) of revenues over expenditures $ (11,848) $ (24,888) $ (239,523) Water Fund Revenues $ 3,297,500 $ 1,648,160 $ 1,704,109 $ 1,593,391 103.4% Expenditures 4,028,642 1,540,486 1,458,323 2,570,319 94.7% Excess (deficiency) of revenues over expenditures $ (731,142) $ 107,674 $ 245,786 Sewer Fund Revenues $ 4,010,012 $ 2,004,256 $ 2,072,018 $ 1,937,994 103.4% Expenditures 4,448,450 1,875,538 1,811,541 2,636,909 96.6% Excess (deficiency) of revenues over expenditures $ (438,438) $ 128,718 $ 260,478 Electric Fund Revenues $ 18,268,308 $ 9,137,394 $ 8,777,327 $ 9,490,981 96.1% Expenditures 19,682,510 8,413,733 9,017,697 10,664,813 107.2% Excess (deficiency) of revenues over expenditures $ (1,414,202) $ 723,661 $ (240,369) TOTAL UTILITY FUNDS: $ (2,989,410) $ 657,215 $ (123,975) (Fund Bal contrib)  Consolidated Revenues and Expenditures FY15 - December 31, 2014 Actual Remaining Difference Budget YTD Balance Budg vs. Actual Cafeteria Revenues $ 1,506,882 $ $ 695,705 $ 811,177 46.2% Expenditures 1,526,882 681,907 844,975 44.7% Excess (deficiency) of revenues over expenditures $ (20,000) $ $ 13,798 Schools Revenues $ 22,410,105 $ $ 9,517,751 $ 12,892,354 42.5% Expenditures 22,606,111 10,070,911 12,535,200 44.5% Excess (deficiency) of revenues over expenditures $ (196,006) $ $ (553,160) Federal Programs Revenues $ 2,139,073 $ $ 1,207,001 $ 932,072 56.4% Expenditures 2,139,073 1,334,876 804,197 62.4% Excess (deficiency) of revenues over expenditures $ - $ $ (127,875) TOTAL SCHOOL FUNDS: $ (216,006) $ - $ (667,237) (fund bal contrib) Actual Remaining Budget YTD Balance Special Revenue Funds CDBG Fund Revenues $ 82,965 $ 99,807 $ (16,842) 120.3% Expenditures 82,965 117,450 (34,485) 141.6% Excess (deficiency) of revenues over expenditures $ - $ (17,643) Housing Choice Fund Revenues $ 1,944,525 $ 582,723 $ 1,361,802 30.0% Expenditures 1,944,525 782,444 1,162,081 40.2% Excess (deficiency) of revenues over expenditures $ - $ (199,721) TOTAL SPECIAL REVENUE FUNDS: $ - $ (217,364) Actual Remaining Difference Budget Anticipated YTD Balance Ant vs. Actual GRAND TOTALS: (excluding Schools & Special Revenues) Revenues: $ 60,383,677 29,452,105 $ 29,126,150 $ 31,257,527 98.9% Expenditures 65,623,498 31,058,771 31,739,619 33,883,879 102.2% Excess (deficiency) of revenues over expenditures $ (5,239,821) (1,606,666) $ (2,613,469) Local Sales/Use Taxes $ 1,900,000 $ 741,000 $ 732,868 $ 1,167,132 98.9% The Budgeted Revenue amounts do not include any contributions from Fund Balance.  City of Martinsville Combined Balance Sheet FY15 - 6/30/15 Through 12/31/14 CURRENT JUNE 30, 2014 TOTAL LIABILITIES FUND BAL & FUND BAL & DIFFERENCE FUND ASSETS* &RESERVES NET POSITION NET POSITION FROM FY14 GENERAL FUND $ 13,834,045 $ (7,138,008) $ 6,696,037 $ 7,798,221 $ (1,102,184) MEALS TAX $ 576,393 $ - $ 576,393 $ 992,056 $ (415,663) SCHOOL CAFETERIA $ 835,140 $ - $ 835,140 $ 799,593 $ 35,547 REFUSE COLLECTION FUND $ 9,014,766 $ (7,560,322) $ 1,454,443 $ 2,982,021 $ (1,527,578) MINET/FIBER OPTIC SYSTEM $ (365,871) $ (27,623) $ (393,494) $ (166,760) $ (226,734) WATER FUND $ 5,602,800 $ (4,511,194) $ 1,091,607 $ 821,173 $ 270,434 SEWER FUND $ 4,298,667 $ (3,536,741) $ 761,927 $ 513,129 $ 248,798 ELECTRIC FUND $ 14,638,507 $ (9,663,113) $ 4,975,394 $ 5,068,770 $ (93,376) CAPITAL RESERVE FUND $ 323,550 $ - $ 323,550 $ 459,838 $ (136,288) SCHOOL FUND $ (242,732) $ (27,769) $ (270,501) $ - $ (270,501) SCHOOL FEDERAL PROGRAMS $ (136,258) $ (71) $ (136,329) $ (8,454) $ (127,875) CDBG FUND $ 249,486 $ (128,453) $ 121,033 $ (23,767) $ 144,800 HOUSING CHOICE $ 195,686 $ - $ 195,686 $ 395,408 $ (199,722) TOTAL $ 48,824,180 $ (32,593,294) $ 16,230,887 $ 19,631,228 $ (3,400,341) RESERVED FUNDS INSURANCE TRUST FUND $ 357,715 $ - $ 357,715 $ 448,745 $ (91,030) INMATE TRUST FUND $ 115,002 $ - $ 115,002 $ 97,089 $ 17,913 Fiduciary Agency Funds: 05-SVRFA $ 8,008 $ 477 $ 8,485 $ 53,951 $ (45,466) 06-Dan River ASAP $ 457,005 $ (221,121) $ 235,884 $ 236,601 $ (717) 15-PRCJTA $ 578,970 $ - $ 578,970 $ 493,591 $ 85,379 30-BRRL $ 236,441 $ - $ 236,441 $ 199,255 $ 37,186 TOTALS: $ 1,280,423 $ (220,644) $ 1,059,779 $ 983,398 $ 76,381  CITY OF MARTINSVILLE PROJECTED FUND BALANCE 06/30/2015 Through 12/31/14 Projected Audited Fund Fund Balance & Net Budgeted Budgeted Balance & Net Net Position Revenues Expenditures Budgeted Position (Decrease) 06/30/14 FY15 FY15 Depreciation 06/30/15 Increase GENERAL 7,798,221 28,704,157 30,644,474 5,857,904 (1,940,317) MEALS TAX 992,056 2,066,792 2,224,415 834,433 (157,623) CAPITAL RESERVE 459,838 1,101,757 1,242,380 319,215 (140,623) TOTAL CAPITAL FUNDS 1,451,894 3,168,549 3,466,795 1,153,648 (298,246) REFUSE 2,982,021 2,154,507 2,560,135 200,000 2,776,393 (205,628) MINET/FIBER OPTIC (166,760) 780,644 792,492 (178,608) (11,848) WATER 821,173 3,297,500 4,028,642 250,000 340,031 (481,142) SEWER 513,129 4,010,012 4,448,450 300,000 374,691 (138,438) ELECTRIC 5,068,770 18,268,308 19,682,510 400,000 4,054,568 (1,014,202) TOTAL UTILITY FUNDS 9,218,333 28,510,971 31,512,229 1,150,000 7,367,075 (1,851,258) CAFETERIA 799,593 1,506,882 1,526,882 779,593 (20,000) SCHOOLS 0 22,410,105 22,606,111 (196,006) (196,006) SCHOOL GRANTS (8,454) 2,139,073 2,139,073 (8,454) 0 TOTAL SCHOOL FUNDS 791,139 26,056,060 26,272,066 575,133 (216,006) CDBG (23,767) 82,965 82,965 (23,767) 0 HOUSING CHOICE 395,408 1,944,525 1,944,525 395,408 0 TOTAL SP REV FUNDS 371,641 2,027,490 2,027,490 371,641 0 TOTAL ALL FUNDS 19,631,228 88,467,227 93,923,054 1,150,000 15,325,401 (4,305,827)  Fund Balance Summary Total Funds: Total by Category: Non-spendable: 993,900 Inventory 987,769 Prepaid Items - Gen Fund 6,131 Restricted: 0 Capital Proj - Meals Tax Fund 0 Capital Reserve Fund Project 0 Committed to: 2,861,972 CCBC 1,666,700 PART 28,725 Housing Choice 395,408 Cafeteria Fund 779,593 School Grants Fund -8,454 Assigned to: 1,153,648 Capital Reserve Fund 319,215 Meals Tax Fund 834,433 Unassigned: 10,315,881 Non-utility Funds: 2,948,806 Utility Funds: 7,367,075 Totals: 15,325,401 15,325,401 Re-appropriations from FY14 into FY15 are now incorporated into the "Budgeted Expenditures" column since it is expected that these funds will be completely disbursed in the course of the fiscal year. Their impact is reflected in the "Projected Fund Balance FY15" and "Net (Decrease) Increase" columns.  City Council Agenda Summary Meeting Date: February 10, 2015 Item No: 5. Department: Finance Issue: Consider approval of consent agenda. Summary: Item #1 – The attachment amends the FY15 Budget with appropriations in the following funds: General Fund: $ 34,575 – Reimbursements, Asset Forfeiture Proceeds MiNet/Fiber Optic Fund: $ 38,437 – Reimbursement Item #2 – Business License refunds due to adjustments to original estimates: Refund – 2012 Business License #819 - $3,659.56 Attachments: Spreadsheet Recommendations: Motion to approve.  BUDGET ADDITIONS FOR 2/10/15 ORG OBJECT DESCRIPTION DEBIT CREDIT FY15 General Fund: 01100909 490104 Advance/Recovered Costs 27,728 01433166 506007 Public Health Center - Facility Maint 27,728 Reimbursement from Health Dept for flooring 01101917 442401 Categorical Other State - Confiscated Assets - Police 6,347 01311085 506078 Police Dept - Conf Assets State 6,347 Asset Forfeiture Proceeds 01100909 490104 Advance/Recovered Costs 500 01321102 506130 Fire Dept. - Repair & Maint.-Burn Building 500 Reimbursements for training Total General Fund: 34,575 34,575 Minet/Fiber Optic Fund: 11100909 490104 Advance/Recovered Costs 38,437 11315308 508220 Physical Plant Expansion 38,437 Reimbursement from NCI Total Minet/Fiber Optic Fund: 38,437 38,437  City Council Agenda Summary Date: February 10, 2015 Item No: 6. Department: City Attorney Issue: Hear update from City Attorney regarding Landlord/Tenant issues Summary: At the most recent West End Neighborhood Council Meeting a question was asked concerning what Council could do with regard to Landlord/Tenant disputes. These issues are governed by Virginia State law and there is very little Council can do in any regard. The City Attorney will briefly discuss in more detail at the meeting. Attachments: Link to Tenant information and resources: Know Your Rights - Landlord and Tenant Issues - Housing | VaLegalAid.org - A guide to free and low cost civil legal information and services in Virginia Recommendations: No action, information only