City Council

AGENDA--CITY COUNCIL -- CITY OF MARTINSVILLE, VIRGINIA Council Chambers – Municipal Building 6:30 pm Closed Session 7:30 pm regular session Tuesday, June 16, 2015 6:30pm-Closed Session a. Appointments to boards and commissions as authorized by Subsection 1. b. Consultation with legal counsel and briefings by staff members, attorneys or consultants pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by such counsel, as authorized by Subsection 7. 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 government unit would be adversely affected, as authorized by Subsection 6. d. 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. 7:30—Regular Session Invocation & Pledge to the American Flag-Council Member Gene Teague 1. Consider approval of minutes May 12, 2015, May 26, 2015 and June 8, 2015 Council meetings. (2 mins) 2. Consider approval of an agreement continuing management of West Piedmont Business Development Center under the Martinsville-Henry County Chamber of Commerce’s Partnership for Economic Growth (C-PEG). (10 mins) 3. Consider approval of a Memorandum of Understanding with the Martinsville-Henry County Chamber of Commerce’s Partnership for Economic Growth (C-PEG) for certain services related to expansion of efforts involving small business development in the City of Martinsville. (15 mins) 4. Presentation of zoning ordinance re-write. (60 mins) 5. Consider approval of consent agenda. (2 mins) 6. 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. 7. Comments by members of City Council. (5 minutes) 8. Comments by City Manager. (5 minutes)  City Council Agenda Summary Meeting Date: June 16, 2015 Item No: 1. Department: Clerk of Council Issue: Consider approval of minutes of City Council meetings May 12, 2015, May 26, 2015 and June 8, 2015 meetings. Summary: None Attachments: May 12, 2015 meeting May 26, 2015 meeting June 8, 2015 meeting Recommendations: Motion to approve minutes as presented. May 12, 2015 The regular meeting of the Council of the City of Martinsville, Virginia was held on May 12, 2015 in Council Chambers, Municipal Building at 7:30pm, Closed Session beginning at 7:00pm with Mayor Danny Turner presiding. Council Members present include: Mayor Danny Turner, Vice Mayor Jennifer Bowles, Gene Teague, and Sharon Brooks Hodge. Absent: Mark Stroud. Staff present included: City Manager Leon Towarnicki, City Attorney Eric Monday, Brenda Prillaman, Karen Roberts, Police Chief Sean Dunn, Capt. Robert Fincher, Dennis Bowles, Linda Conover, Mary Prillaman, and Assistant City Manager Wayne Knox. Mayor Turner 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 motion by Council Member Hodge, seconded by Council Member Teague with the following recorded roll-call vote: Vice Mayor Bowles, aye; Council Member Teague, aye; Council Member Hodge, aye; Mayor Turner, aye; Council convened in Closed Session for the purpose of discussing the following matters: (A) A Personnel matter as authorized by Subsection 1. (B) Consultation with legal counsel and briefings by staff members, attorneys or consultants pertaining to actual or probably litigation, or other specific legal matters requiring the provision of legal advice by such counsel, as authorized by Subsection 7. At the conclusion of the Closed Session, each returning member of Council certified that (1) only public business matters exempt from opening 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 the Session. On a motion by Council Member Hodge, seconded by Council Member Bowles with the following recorded roll-call vote: Turner, aye; Teague, aye; Hodge, aye; Bowles, aye; Council returned to Open Session. Council Member Teague made a motion to appoint Karen Roberts as Clerk of Council effective June 1, 2015, Council Member Hodge seconded that motion with a 4-0 vote Bowles, aye; Turner, aye; Teague, aye; Hodge, aye. Vice Mayor Bowles invited the community to a brief ceremony on Memorial Day, Monday, May 25th at 11:00am to raise and dedicate a flag at the People’s Cemetery on Second St. Set a public hearing regarding a request for a new antenna installation at the Martinsville Industrial Park water tank. The City currently has a long-term lease arrangement with Verizon for use of the Martinsville Industrial Park water tank for location of antenna equipment. T-Mobile contacted the City several months ago about co-locating their antenna equipment on the same tank. The tank has adequate space for additional antenna equipment and the City has received no comments about antenna equipment at this location. As a follow up to the antenna issue considered by Council at the November 11, 2014 meeting, it is recommended that Council set a public hearing for the May 26, 2015 meeting to allow public input and comment. Vice Mayor Bowles made a motion to set a public hearing for May 26th, Council Member Hodge seconded the motion, 4-0 vote with all in favor. May 12, 2015 Consider setting a public hearing regarding a request to renew the lease for existing antenna at the New York Avenue water tank. The City currently has a long-term lease arrangement with T- Mobile, Verizon and AT and T for use of the New York Avenue water tank for location of antenna equipment. AT and T contacted the City several months ago about renewal of their antenna equipment lease on this tank. The tank has adequate space for additional antenna equipment and the City has received no comments about antenna equipment at this location. As a follow up to the antenna issue considered by Council at the November 11, 2014 meeting, it is recommended that Council set a public hearing for the May 26, 2015 meeting to allow public input and comment. Council Member Teague made a motion to set a public hearing for May 26th, Vice Mayor Bowles seconded that motion, 4-0 vote with all in favor Approval of Council meeting minutes for March 10, 2015, March 20 and 21, 2015, March 24, 2015, April 14, 2015, April 16, 2015, April 22, 2015 and April 23, 2015. Council Member Hodge made a motion to accept all minutes as written, Council Member Teague seconded the motion, 4-0 vote all in favor. Proclamation recognizing National Police Week and Peace Officers Memorial Day - Mayor Turner read the proclamation. Chief Dunn and Captain Fincher were present to accept the proclamation presented by Mayor Turner and Vice Mayor Bowles. Chief Dunn invited the Council members and the public to a Memorial Ceremony being held in Council Chambers on Thursday May 14th at 11:00am. School Board Appointments - Council Member Teague made a motion to set a public hearing for May 26, 2015 for receiving and interviewing citizens interested in appointment for two three-year term positions to the City School Board beginning July 1, 2015, Council Member Hodge seconded the motion, 4-0 vote all in favor. Consider approval of FY16 budget on second reading. City Manager Towarnicki reviewed the revised budget proposal including EDC Funding, School cuts and 3% electric increase. Mayor Turner invited comments from audience. Diane Enniss, 1216 Knollwood Place - proposed rate be reduced to $8.50 per person for EDC funding. Robert Williams - $75,000 cut was part of lean budget and asked for restoration of $75,000 to the school board budget. Victor Correa - requested refund of $75,000 reduction to school board budget, stating that these cuts have a negative effect on teachers. Pam Heath – the schools have already eliminated 14 positions before presenting the budget, another $75,000 cut would be a great disservice to the students. Jim Enniss, 1216 Knollwood Place – stated that cuts to police, fire and schools are a tough choice and asked for responsible decisions to cut spending. May 12, 2015 Carolyn McCraw – asked Council to reconsider cut, would like to reinstate ROTC and the Hope Academy. She knows that Council values the education system but these cuts would probably cause additional cuts in personnel. She thanked Council for everything they have given the system previously. Ural Harris, 217 Stewart St - reconsider taking fluoride out of City water to reduce budget, requested EDC budget be cut back to $8.50/capita, Harvest money came from citizens, if departments can’t make it this year, what will they do next year. He suggested that budget cuts be the same for every department instead of higher cuts for schools, police, etc. Dr. Tom Marshall, Auburn Place – stated that he appreciated the Water Department and all they do, there are other inexpensive ways for citizens to obtain fluoride, suggested that City eliminate fluoridated water and channel the cost savings to the school system. Joseph Martin, Church St – commented on negative aspects of fluoride use, will continue to push to have fluoride removed from City water and has started a Facebook page to stop fluoridation in the City. Craig Dietrich, Lanier Road - suggests that the fluoride issue should be discussed in a public forum and not during budget, fluoride is appropriate in a community as Martinsville, says he sees fluorosis occurrences daily/weekly but he does not feel that fluorosis is a concern in the area. Council Member Teague agreed that this should be discussed in a broader conversation and not during budget, Council Member Hodge did not agree and started that in her opinion budget time is the appropriate time. Mr. Dietrich suggested if the City eliminates the fluoride program, that the money should go towards dental care. Mr. Detrick also encouraged careful consideration to schools proposed budget without the $75,000 cut. Mayor Turner expressed concern about the electric rate increase and sewer repairs will add to customer bills. Next year there will probably be no increase in revenue going forward. Turner proposed budget without electric increase. Hodge stated that she will support budget without electric increase but would like to bring back to the table the EDC per capita funding, felt we are not spending resources in the best fashion. Council Member Hodge made a motion to decrease budget to allow for per capita funding, Mayor Turner seconded the motion. Vote was 2-2 with Hodge and Turner, aye; Teague and Bowles, nay. Motion died as tie vote. Council Member Teague made a substitute motion to transfer $60,000 from EDC to use at a future date for CPEG for enhanced small business programs, Vice Mayor Bowles seconded the motion. Vote was 2-2 with Teague, aye; Bowles, aye; Hodge, nay; Turner, nay. Motion died as tie vote. A vote was taken on the original motion by Hodge. Motion died as a tie vote: Teague-nay; Bowles-nay; Hodge-aye; Turner-aye. May 12, 2015 Council Member Hodge, having voted against previous substitute motion, made a motion to reconsider $60,000 transfer from EDC to CPEG. Council Member Teague seconded the motion. Vote was 3-1, Bowles, aye; Hodge, aye; Teague, aye; Turner, nay to reconsider the substitute motion. A vote was taken on the motion to decrease budget of EDC by $60,000 and transfer those funds to CPEG for an enhanced small business program for the city. Mayor Turner made a motion to cut $500,000 out of the budget and eliminate the 3% electric rate increase, Council Member Hodge seconded the motion. Vote was 2-2 Turner, aye; Hodge, aye, Bowles, nay; Teague, nay; motion died as tie vote. Council Member Teague made a motion to restore the $75,000 previously cut from the school budget, motion dies without second. Council Member Teague made a motion to restore the $10,000 previously cut from the Fire Department for demolition costs, motion dies without second. Council Member Teague made a motion to accept budget as amended with EDC $60,000 cut on second reading, Council Member Hodge seconded. Recorded roll-call vote 3-1 – Turner, nay; Teague, aye; Hodge, aye; Bowles, aye. May 12, 2015 Business from the Floor William Eggleston, 1507 Roundabout Rd - Beaver Street from Albert Harris School down needs to be cleaned up. City Manager Towarnicki agreed that the area does need attention and it will be cleaned up. Alexis Lee, Sellers St - City Council did an excellent job on budget and the decisions made. Patrick Wright, Spruce St - suggested church organizations and Council meet to work on benefits for education. Ural Harris, 217 Stewart St – AMP official needs to be invited back to answer some questions about AMP Ohio, Council Teague stated all questions asked by Mr. Harris and Mayor Turner previously were forwarded to AMP and were answered. Council Member Teague asked the City Manager to resend the email about capped pricing to Mr. Harris with the answers to his questions. Mayor Turner informed Mr. Harris that there are two state investigations ongoing. Comments by members of City Council: Bowles - urged citizens to make use of free energy audit, she voted for the 3% increase because she is concerned about cuts that had to be made. After speaking to the community, she felt that allocating $60,000 to CPEG is what the citizens wanted to do. Hodge - 2 years in a row she supported school system and doesn't want her vote to appear that she doesn't support the schools, she stated that the City still has some very serious issues that have not been resolved, felt that City should take a different look at how we do budget, look at what we have and what we can afford. She hopes new school board members can bring forward suggestions on how we can work with the resources we have. Teague - long term he does not disagree that we need to make cuts, feels there is an adequate fund balance this year so he’s not ready to make those cuts. He feels the City needs to fund schools to the best of our ability and the reversion conversation still needs to happen in the future. Teague wanted Council Member Stroud to know that he is in their thoughts and prayers during his recovery. Comments by City Manager: Police Officers Memorial Service Thursday, May 14th at 1100am in Council Chambers. This is Brenda Prillaman’s last council meeting and her last day is June 12th, we appreciate everything that she has done. Council Member Teague stated it has been a pleasurable 20 years serving with Brenda, she has set a standard on customer service for Council and turned the City customer service into what it is today. What she accomplished for our citizens and the City has been instrumental. Mayor Turner – echoed Teague’s comments. He wanted to remind people that Congressman Robert Hurt will be at the Peoples Cemetery on Second Street at 11:00am Monday, May 25th, 2015. He will bring a flag that was flown over the Capital and the City will erect a donated flagpole. Turner states that the cemetery has been abandoned but there are approximately 50 veterans there and he May 12, 2015 hopes to have that area cleaned up and maintained out of respect for those veterans. Congressman Hurt will move to Roselawn for a 12:00pm memorial service then to Carter Memorial Gardens for a memorial service at 6:00pm. Mayor Turner encourages everyone to take part in these events. Vice Mayor Bowles – urged everyone to be frugal with their spending over the next year. Council Member Hodge – thanked Vice Mayor Bowles and Council Member Teague for their willingness to take a different direction on that type of development. There being no further business, Council Member Teague made a motion to adjourn the meeting at 9:05pm, Council Member Hodge seconded the motion, all present Council members in favor 4-0. ___________________________________ ___________________________________ Leon Towarnicki Danny Turner Deputy Clerk of Council Mayor May 26, 2015 The regular meeting of the Council of the City of Martinsville, Virginia was held on May 26, 2015 in Council Chambers, Municipal Building at 7:30pm, Closed Session beginning at 7:00pm with Mayor Danny Turner presiding. Council members present: Mayor Danny Turner, Vice Mayor Jennifer Bowles, Council Member Gene Teague, and Council Member Mark Stroud. Absent: Council Member Sharon Brooks Hodge. Staff members present included: City Manager Leon Towarnicki, Assistant City Manager Wayne Knox, City Attorney Eric Monday, Karen Roberts, Police Chief Sean Dunn, and Linda Conover. Mayor Turner 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 motion by Council Member Teague, seconded by Vice Mayor Bowles with the following recorded 4-0 roll-call vote: Mayor Turner, aye; Vice Mayor Bowles, aye; Council Member Teague, aye; Council Member Stroud, 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, and 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. At the conclusion of the Closed Session, each returning member of Council certified that (1) only public business matters exempt from opening 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 the Session. On a motion by Council Member Teague and seconded by Council Member Stroud with the following 4-0 roll-call recorded vote: Teague, aye; Stroud, aye; Turner, aye; Bowles, aye; Council returned to Open Session. Council Member Stroud made a motion to replace Lance Heater on the EDC Board with Eric Monday to serve an unexpired term ending June 30, 2017. Vice Mayor Bowles seconded the motion, all present Council Members voted 4-0 in favor. City Manager Towarnicki explained that a Coalition is being organized to advocate for construction of the I-73 project consisting of the City of Roanoke, Roanoke County, Franklin County, Henry County, and Martinsville. Staff is making the recommendation for Martinsville to participate and the cost to the City will be $1000/month for the period beginning June 1, 2015 through December, 2016. The other jurisdictions are all participating and will likewise share in the cost. Particular emphasis of the Coalition will be to advocate for construction of the I-73 segment from the Virginia/North Carolina state line to the Route 58 bypass, which appears to be the least May 26, 2015 problematic and least expensive component. Council Member Teague made a motion to participate, Council Member Stroud seconded that motion, and all present Council Members voted 4-0 in favor. Invocation and Pledge to the American Flag-Council Member Mark Stroud. Consider approval of minutes: Motion made by Vice Mayor Bowles to approve minutes for April 27, 2015 tour, April 27, 2015 neighborhood meeting, and April 28, 2015 Council meeting, motion seconded by Council Member Teague. All present Council Members voted 4-0 in favor. Minutes for May 12, 2015 were not approved pending revisions. Recognition of City Employees eligible for Employee Service Awards: DARLA CRIGGER Sheriff's Department 10 CHAD RHOADS Police 15 JEFF JOYCE Public Works 20 Assistant City Manager/ Director of Community WAYNE KNOX Development 20 GREG REEVES Fire Department 20 TONY DAVIS Public Works 25 STEVE CANNADAY Central Garage 30 CLYDE JONES Parks and Recreation 30 RODNEY LEFTWICH Water Plant 35 Proclamation recognizing June 6-13, 2015 as Paint the Town Purple Week: Proclamation read by Vice Mayor Bowles and presented by Vice Mayor Bowles and Mayor Turner to a Relay for Life Representative. Public hearing for receiving/interviewing citizens interested in appointment for two three-year positions beginning July 1, 2015 to the City School Board: Eric Monday explained that City code requires that these citizens be registered voters and residents of Martinsville. Their name must be called at this meeting to be considered for the positions. Persons mentioned for consideration for appointment: Joan Montgomery of Corn Tassell Trail, Michael Hendricks of Gates Street, Catina Martin of 1600 Roundabout Road, Carolyn McCraw of 1724 Meadowview Lane who was present at the meeting and asked Council to consider her for a third and final term, Artis Law of 805 Cedar Lane who was present at the meeting, stating she was an active member of church, a tutor at Albert Harris, she has an education in Psychology and would like to be considered for the position, Lawrence Mitchell of 700 Second Street who was present at the meeting said he is a graduate of Martinsville High School and would like to be considered for the position, J.C. Richardson spoke on behalf of Faye Holland requesting that she be considered as a candidate. Interviews will be postponed until all Council Members can be present. City Manager Towarnicki suggested that interviews begin at next Council Closed Session meeting with announcement of new members being made at the last Council meeting in June. Public hearing regarding renewal of antenna lease contract for New York Avenue water tank: Antenna equipment is located on a number of tanks throughout the City. AT&T has a five year May 26, 2015 initial lease and has asked for a 5 year renewal. Mayor Turner opened the floor for comments. J.C. Richardson expressed concern that the tanks were installed in minority neighborhoods, he stated that the citizens have raised concerns regarding the cell towers potential to cause cancer. Council Member Stroud explained that water system runs by gravity and that the New York Ave tank is one of the highest spots in the City which is what cell companies prefer. City Manager Towarnicki explained that it would be difficult to find another elevated area to relocate the New York Ave tank. He stated that towers installed on these water tanks are a revenue source, providing the City about $30,000 per year from the New York Avenue tank alone. The tank is well maintained and waves from the cell towers transmit horizontally and would not pose a hazard to residents. Vice Mayor Bowles asked the City to look for other areas to potentially relocate the tower. City Manager Towarnicki explained that the highest spot in the neighborhood aside from New York Avenue would be around Albert Harris School. City Attorney Monday explained that the decision would not need to be voted on tonight if Council wants to look at relocation. Ruth Easley, Commissioner of Revenue said the towers are public service equipment and are taxed. Vice Mayor Bowles questioned adverse health effects from these towers. City Manager Towarnicki explained there is no concern of health effects unless you are in close proximity of the tower for an extended length of time. Council Member Teague stated that research can be found to support both the pros and cons of the health effects of cell phone towers. Public hearing regarding antenna lease for Martinsville Industrial Park water tank: City Manager Towarnicki said T-Mobile has made a request to install new antenna equipment on the Industrial Park water tank. Verizon already has equipment on tower. Installation of this new equipment would generate $2,000 per month revenue for the City and T-Mobile would also be utilizing the MINet fiber optic system as well. Public hearing is not required but he feels that the public should be made aware in an effort to share information in case they have questions. With no objection, the City will proceed with both lease contracts at New York Avenue and Martinsville Industrial Park. Authorization of refund resulting from verification update of estimated BPOL Tax for a local business for tax year 2014: City Manager Towarnicki asked for authorization of refund. Council Member Teague made a motion for an $11,001.34 refund, Vice Mayor Bowles seconded the motion, all present Council Members voted 4-0 in favor of the refund. Approval of resolution regarding Virginia Retirement System: City Manager Towarnicki requested approval of VRS resolution confirming the City’s decision to implement the final 2% of the required 5% employee contribution. Vice Mayor Bowles made motion to adopt the resolution, Council Member Teague seconded the motion, all present Council Members voted 4-0 in favor of the VRS resolution. May 26, 2015 Finance report: Linda Conover presented the FY15 Revenues and Expenditures, Combined Balance Sheet and Fund Balance information. Approval of consent agenda: Council Member Teague mad a motion to approve the consent agenda, Vice Mayor Bowles seconded the motion, all present Council Members voted 4-0 in favor to approve the consent agenda. May 26, 2015 Business from the Floor: Dr. Tom Marshall, Auburn Place – expressed concern of fluoridation program and hopes that the program can be discussed in depth at an upcoming work session. Mayor Turner asked that the fluoridation program discussion be added to the next agenda. Council Member Teague requested ample time to advertise so citizens have time to research and voice opinions, he asked that the Health Department be invited to participate and asked that the Health Department and DEQ provide recommendations. Eric Monday – as a Trustee of Carlisle School, he wanted to recognize Carlisle on the Best of Virginia Awards and stated that Carlisle School had been named the #1 Independent School in Southwest Virginia. In addition, he stated that the Carlisle golf team had been named champion more than twelve times and the school graduated 41 students this year, all of which are college bound. Carlisle, as an independent school is an asset to the community. Comments by members of City Council: Council Member Stroud - apologized that he was unable to participate by phone at the previous meeting following his surgery but he was glad to be healthy enough to return to tonight’s meeting. Council Member Teague – will be traveling to Richmond Thursday for a legislative committee meeting which will involve discussion on unmanned aerial vehicles, Teague requested to discuss this option with Chief Dunn after the meeting. May 26, 2015 Vice Mayor Bowles – would like to inform all citizens that Council Members emails and contact information is public information, she requested citizens to contact council members when they have questions or concerns. Comments by City Manager: City Manager Towarnicki - strategic planning meeting was held late March, now that Council is through with budget it’s time to get back to the strategic planning components that were not completed at the previous meeting. There will be a joint session with the schools this summer. He stated that he would be in touch with Council Members schedule the work sessions which would probably be held during the day. Mayor Turner wanted to remind the public of the Martinsville Mustangs opening day Wednesday, May 27, 2015. He wanted to thank everyone who participated in the dedication of flagpole at People’s Cemetery, stating he was pleased with the turnout. There being no further business, Vice Mayor Bowles made a motion to adjourn the meeting at 8:38pm, Council Member Stroud seconded the motion, all present Council Members voted 4-0 in favor. ___________________________________ ___________________________________ Leon Towarnicki Danny Turner Deputy Clerk of Council Mayor June 8, 2015 A special meeting of the Council of the City of Martinsville, Virginia, was held on June 8, 2015, in Council Chambers, Municipal Building, beginning at 8:00 A. M., with Mayor Danny Turner presiding. Those present included: Council Member Gene Teague, Council Member Mark C. Stroud, Sr., Mayor Danny Turner, Council Member Sharon Brooks Hodge, Vice Mayor Jennifer Bowles, City Manager Leon Towarnicki, Assistant City Manager Wayne Knox and City Attorney Eric Monday. Mayor Turner called the meeting to order and advised Council will go into Closed Session. Pursuant to Chapter 2, Section 5 of the City Charter and at the request of the City Manager and a member of Council, the Martinsville City Council will conduct a special meeting, and Pursuant to Code of Virginia 2.2-3711(A), to convene in closed session for consideration of the following: A) Under subsection 1, appointments to boards and commissions, specifically the Martinsville Henry County Economic Development Corporation; and B) Under subsection 7, consultation with legal counsel and briefings by staff, pertaining to actual or probable litigation, specifically concerning proposed amendment of the bylaws of the Martinsville-Henry County Economic Development Corporation and upon motion by Council Member Stroud, seconded by Council Member Hodge with the following recorded 5-0 roll-call vote: Mayor Turner, aye; Vice Mayor Bowles, aye; Council Member Teague, aye; Council Member Hodge, aye; and Council Member Stroud, aye; Council convened in Closed Session for the purpose of discussing the matters listed above. At the conclusion of the Closed Session, each returning member of Council certified that (1) only public business matters exempt from opening 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 the Session. On a motion by Council Member Teague and seconded by Council Member Stroud with the following 5-0 roll-call recorded vote: Teague, aye; Stroud, aye; Hodge, aye; Turner, aye; Bowles, aye; Council returned to Open Session. Action Taken: Council Member Teague made a motion, seconded by Council Member Stroud authorizing the City Manager to send the attached letter to the Martinsville Henry County EDC Board of Directors, the Chamber of Commerce/CPEG, the Henry County Board of Supervisors, and members of the Harvest Board. Motion passed with a 5-0 vote, all in favor. June 8, 2015 Council Member Bowles read a resolution clarifying the appointment of Eric Monday to fill the unexpired term of Lance Heater as the City’s representative on the EDC Board, and further clarifying that Mr. Monday is not an administrative official of the City. Council Member Teague made a motion to approve the Resolution, seconded by Council Member Hodge, and the motion passed on a 5-0 vote will all voting in favor. June 8, 2015 Council Member Hodge then read a statement regarding the appointment of Mr. Monday, again confirming he is not an administrative official of the City. However, to comply with the strict letter of the EDC bylaws and to ensure there is no misunderstanding with Mr. Monday’s appointment in regard to whether he is considered an administrative official, a motion was then made by Council Member Hodge, seconded by Council Member Teague, followed by a 5-0 vote with all voting in favor, to revoke the initial appointment of Mr. Monday. Following that action and in conformance with EDC bylaws allowing Council to appoint, reappoint, or revoke any such individual at Council’s “sole discretion”, a motion was then made by Council Member Hodge, seconded by Vice Mayor Bowles, with a 5-0 vote with all voting in favor to reappoint Mr. Eric Monday as one of the City’s representatives on the EDC Board. There being no further business, a motion was made to adjourn the meeting by Council Member Teague, seconded by Council Member Hodge followed by a 5-0 vote with all voting in favor. The meeting adjourned at 9:30 am. ___________________________________ ___________________________________ Leon Towarnicki Danny Turner Deputy Clerk of Council Mayor  City Council Agenda Summary Meeting Date: June 16, 2015 Item No: 2. Department: City Manager Issue: Consider approval of an agreement continuing management of West Piedmont Business Development Center under the Martinsville-Henry County Chamber of Commerce’s Partnership for Economic Growth (C-PEG). Summary: In March, 2014, City Council approved an agreement for management services of West Piedmont Business Development Center (a.k.a. The Incubator) with the Martinsville-Henry County Chamber of Commerce’s Partnership for Economic Growth (C-PEG) for a period from April 1, 2014 through June 30, 2015. During that time C-PEG has demonstrated the ability to effectively manage the facility with a varied mix of Incubator tenants, consistently keeping the facility near full capacity, while also continuing to offer traditional business incubator services. C-PEG is interested in continuing with the management partnership with the City for a longer term Attachments: A copy of the agreement/memorandum of understanding providing for a one-year term of C-PEG management from July 1, 2015 through June 30, 2016, with an option for 4 additional one-year automatic renewals. Recommendations: Approval, authorizing the City Manager to execute the agreement as noted.  MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING, (the “MOU”) made and entered into this the _______ day of _______, 2015 by and between the City of Martinsville, a municipal corporation created and existing under and by virtue of the laws of the State of Virginia (hereinafter referred to as “City”), party of the first part, and the Martinsville-Henry County Chamber of Commerce’s Partnership for Economic Growth (C-PEG) party of the second part; WITNESSETH: THAT, WHEREAS the City (through the Martinsville Industrial Development Authority) currently owns the property located at 22 East Church Street, Martinsville, VA, said property acquired for the purpose of development and operation of a business incubator (the “Incubator”); and, WHEREAS, since its inception, the Incubator has operated as the West Piedmont Business Development Center (WPBDC), incorporated by the Commonwealth of Virginia’s State Corporation Commission as a non-stock corporation pursuant to Chapter 10, Article 10 of Title 13.1 of the Code of Virginia; and, WHEREAS, recognizing the value and importance of the Incubator as a resource for the community to promote, stimulate, encourage, assist, and provide educational opportunities for new or developing business owners or entrepreneurs, and also recognizing a close parallel to current operations of the Chamber and C-PEG related to small business, the City and C-PEG executed a Memorandum of Understanding for C-PEG’s management of the Incubator for an initial period from April 1, 2014 through June 30, 2015, during which time C-PEG had done an outstanding job; and, WHEREAS, the City and C-PEG mutually desire to extend C-PEG’s management responsibility for continued operations of the Incubator under the guidance and direction of current Chamber leadership and C-PEG Board of Directors; NOW, THEREFORE, in consideration of the mutual and respective covenants and agreements contained herein and made with respect to the performance of the services by C-PEG, the parties to this MOU hereby agree as follows: 1. Term and Renewals – The term of this MOU shall cover a one (1) year period from July 1, 2015 through June 30, 2016 and will automatically renew for four (4) successive one year periods beginning July 1, 2016, extending through June 30, 2020. Either party may cancel/opt out of automatic renewal with a minimum of 90 days written notice prior to the expiration of any annual term. 2. The Incubator will continue to be operated under the name of West Piedmont Business Development Center, with operations to remain at the current facility at 22 East Church Street, Martinsville, VA, with general business hours from 8 am until 5 pm. 3. Management of WPBDC will be by C-PEG under the guidance of the Board of Directors of C-PEG. 4. The City will commit to the level of funding and support currently provided to the WPBDC in the City’s FY16 budget (subject to City Council approval) including an annual financial contribution, and  use of the building including electricity, water, and sewer, and garbage services. Additionally as building owner, the City will be responsible for major maintenance such as HVAC, roof, structure, major repairs, etc. 5. C-PEG will be responsible for routine daily maintenance related to operations such as general cleaning, trash removal, replacement of bulbs, elevator inspections, carpet cleaning, fire extinguisher maintenance, service checks, etc. 6. C-PEG will provide staff presence in the building related to functions associated with a business incubator environment. C-PEG will have the ability to market, design and implement training and related programs for business tenants, and utilize the space in the building for business incubator- type activities and events. 7. C-PEG, at its discretion, will be responsible for day to day management of the facility including (but not limited to) staffing, marketing, recruitment of tenants, development of tenant lease agreements/terms of occupancy, cooperation with other entities to the extent beneficial (EDC, Harvest, SCORE, etc. ). Lease payments by tenants for occupancy/use of space will be made to C-PEG. 8. C-PEG will present reports periodically to the governing bodies of both Martinsville and Henry County regarding operations. 9. C-PEG will handle all financials including billing, payables, receivables, i.e. the City will not have responsibility related to being fiscal agent. 10. The City will maintain one seat on C-PEG’s Board. IN WITNESS WHEREOF, Martinsville City Council, party of the first part, has caused this MOU to be executed in its name by its City Manager; and C-PEG, party of the second part, has caused this MOU to be executed in its name by its Board President; this the day and year first above written. MARTINSVILLE CITY COUNCIL C-PEG BY:______________________________ BY:______________________________ City Manager Board President 2  City Council Agenda Summary Meeting Date: June 16, 2015 Item No: 3. Department: City Manager Issue: Consider approval of a Memorandum of Understanding with the Martinsville-Henry County Chamber of Commerce’s Partnership for Economic Growth (C-PEG) for certain services related to expansion of efforts involving small business development in the City of Martinsville. Summary: During budget deliberations for the upcoming FY16 fiscal year, City Council expressed a desire to see additional effort put toward small business development in the City, and formally requested the Martinsville Henry County EDC to consider allocating $60,000 of the City’s annual $279,500 EDC contribution to the Chamber/C-PEG for that purpose. The EDC Board opted to not partner with the Chamber/C-PEG and Council then reduced the EDC’s FY16 allocation to $219,500, and decided to directly reallocate the $60,000 EDC reduction to the Chamber/C-PEG for small business development purposes. City and Chamber/C-PEG staff have collaborated on a draft MOU that will be presented for discussion at the Council meeting. Attachments: A copy of the draft MOU will be presented for discussion at the Council meeting. Council can add/delete and/or modify as deemed appropriate and the MOU will be completed in final form for approval at Council’s June 30 meeting. Recommendations: The MOU is being presented for information/discussion purposes.  City Council Agenda Summary Meeting Date: June 16, 2015 Item No: 4. Department: Community Development Issue: Presentation of zoning ordinance re-write Summary: The Planning Commission, along with our consultants, The Cox Company, has been working very hard on the complete updating of our zoning ordinance. We felt that we should give you a brief overview of what is to come, as the final tweaking is being done to the document, rather than present it to you cold. Once the final touches are completed, we shall begin the public hearing process. At that time, the Planning Commission will provide you with a final draft of the new and improved zoning ordinance for your public hearing review and approval. Attachments: Proposed Table of Contents – Zoning Ordinance Recommendations: For information purposes. No need for action at this time. Zoning Ordinance The City of Martinsville I. Administration and Enforcement II. Definitions III. General Provisions IV. Site Plan Regulations V. Nonconformity VI. Sign Regulations VII. Zoning Amendments VIII. Special Use Permits IX. R-E Estate Residential District (formerly R-16) X. R-N Neighborhood Residential District (formerly R-9) XI. R-C City Residential District (formerly R-6) XII. R-T Transitional Residential District (formerly P-l, P-2, RP-1) XIII. C-N Neighborhood Commercial District (formerly C-l, C-1A) XIV. C-UB Uptown Business District (formerly C-2) XV. C-C Corridor Commercial District (formerly C-3) XVI. ED-MA Economic Development District - Medical & Academic (new district) XVII. ED-G Economic Development District-General (formerly M-l) XVIII. ED-I Economic Development District-Intensive (formerly M-2) XIX. TND-O Traditional Neighborhood Development Overlay District XX. EC-0 Entrance Corridor Overlay District XXI. HP-0 Historic Preservation Overlay District XXII. Landscape Standards XXIII. Off-Street Parking and Loading XXIV. Proffers XXV. Board of Zoning Appeals Table of Contents  City Council Agenda Summary Meeting Date: June 16, 2015 Item No: 5. Department: Finance Issue: Consider approval of consent agenda Summary: The attachment amends the FY15 Budget with appropriations in the following funds: General Fund: $ 5,476 – Recovered Costs, Reimbursements, Additional Grant Funding, Asset Forfeiture Proceeds Capital Fund: $ 2,012 – Grant Funding Attachments: Consent Agenda 6-16-15 Recommendations: Motion to approve  BUDGET ADDITIONS FOR 6/16/15 ORG OBJECT DESCRIPTION DEBIT CREDIT FY15 General Fund: 01101917 442402 Categorical Other State - Confiscated Assets - C Atty 134 01221082 506105 Comm Atty - Conf Assets State 134 01101917 442401 Categorical Other State - Confiscated Assets - Police 193 01311085 506078 Police Dept - Conf Assets State 193 Asset Forfeiture Proceeds 01101917 442601 Categorical Other State - EMS Four For Life 1,239 01322105 506114 EMS - Four For Life 1,239 Additional funding received 01100909 490104 Advance/Recovered Costs 1,910 01331108 501300 Sheriff/Corrections - Part-time & Temporary Wages 1,390 01331108 502100 Sheriff/Corrections - Social Security 86 01331108 502110 Sheriff/Corrections - Medicare 20 01331108 506008 Sheriff/Corrections - Vehicle Equipment & Maint. 278 01331110 506200 Sheriff/Annex - Prisoner Allowance 136 Reimbursement from Henry County for litter pickup-May 01100909 490104 Advance/Recovered Costs 2,000 01123035 501300 Comm. of Revenue - Part-time/Temporary Wages 2,000 Funds from NCI for summer intern Total General Fund: 5,476 5,476 Capital Reserve Fund: 16102926 436430 Categorical Federal - SCAAP Funds 2,012 16577367 508085 Physical Plant Expansion - Sheriff/Jail 2,012 Emergency Generator installation Total Capital Reserve Fund: 2,012 2,012