City Council

AGENDA--CITY COUNCIL -- CITY OF MARTINSVILLE, VIRGINIA Council Chambers – Municipal Building 7:00 pm Closed Session 7:30 pm regular session Tuesday, August 25, 2015 7:00—Closed Session a. 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 governmental unit would be adversely affected as authorized by Subsection 6. 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. 7:30—Regular Session Invocation & Pledge to the American Flag- Council Member Mark Stroud 1. Consider approval of minutes from August 11, 2015 Council meeting. (2 mins) 2. Recognition of City employees who are eligible for Service Awards from July 1 through September 30, 2015 (2 mins) 3. Consider adoption on second reading of an amendment to the City’s Noise Ordinance. (10 mins) 4. Consider refund resulting from amended bank franchise tax return for tax year 2015 (10 mins) 5. Consider adoption of a resolution setting the allocation percentage for personal property tax relief for qualifying vehicles in the City of Martinsville for tax year 2015. (10 mins) 6. Consider approval of consent agenda. (2 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: August 25, 2015 Item No: 1. Department: Clerk of Council Issue: Consider approval of minutes of City Council meetings August 11, 2015 meeting. Summary: None Attachments: August 11, 2015 meeting Recommendations: Motion to approve minutes as presented. August 11, 2015 The regular meeting of the Council of the City of Martinsville, Virginia was held on August 11, 2015 in Council Chambers, Municipal Building at 7:30pm, Closed Session beginning at 6:30pm with Mayor Danny Turner presiding. Council Members present: Mayor Danny Turner, Council Member Gene Teague, Council Member Sharon Hodge, and Vice Mayor Jennifer Bowles. Absent: Council Member Mark Stroud. Staff members present included: City Manager Leon Towarnicki, City Attorney Eric Monday, Karen Roberts, Linda Conover and Police Chief Sean Dunn. Mayor Turner called the meeting to order and advised Council would 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 Vice Mayor Bowles, seconded by Council Member Teague with the following recorded 3-0 roll-call vote: Mayor Turner, aye; Council Member Teague, aye; Vice Mayor Bowles, aye. Council Member Hodge was not present at the time of the vote but joined Closed Session at 6:46pm. Council convened in Closed Session for the purpose of discussing the following matters: A) 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 governmental unit would be adversely affected as authorized by Subsection 6. 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. 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 and seconded by Vice Mayor Bowles with the following 4-0 roll-call recorded vote: Bowles, aye; Turner, aye; Teague, aye; Hodge, aye; Council returned to Open Session. A motion was made by Council Member Hodge to appoint Susan McCulloch to the West Piedmont Planning District Technical Advisory Committee for an unexpired term ending December 31, 2018. Council Member Teague seconded the motion, all Council Members in attendance voted in favor 4-0. A motion was made by Council Member Teague to appoint Dr. Mary Ruth Reynolds to the Blue Ridge Regional Library Governing Board for a 4-year term beginning August 1, 2015 and ending June 30, 2019. Vice Mayor Bowles seconded the motion, all Council Members in attendance voted in favor 4-0. Invocation and Pledge to the American Flag- Vice Mayor Jennifer Bowles. August 11, 2015 Approval of minutes from July 14, 2015 and July 28, 2015 Council meetings - On a motion by Vice Mayor Bowles, seconded by Council Member Hodge, with a 4-0 vote, Council Members approved the minutes from the July 14, 2015 and July 28, 2015 Council meetings. Update from Jim Tobin, Piedmont Community Services – Mr. Tobin provided a handout. There are very few organizations in Martinsville and Henry County that Piedmont Community Services is not involved with in some aspect. Council Member Teague asked if that funding is adequate to cover the costs. Mr. Tobin said no but they make the funds they have available work. Council Member Hodge asked how they will continue to make it August 11, 2015 work if the need continues to rise. Tobin said they will seek additional funding targeting specific services. Mr. Tobin explained their next goal is to expand the hours of the Martinsville Assistance Center. Substance abuse disorders include casual users as well as full addiction. Our community is approximately double the state average of deaths from overdose. Teague asked if there were services that we are unable to provide but is needed that would be critical care. Tobin suggested a mobile crisis team, stating that an individual can find it intimidating to seek treatment at the emergency room; there could be a mobile team working with law enforcement to provide evaluation and assistant for both adults and children. Bowles asked if he had an approximate cost to organize a mobile crisis team. Tobin referred to the Mount Rogers organization in the Wytheville area; he said they provide a model specifically for children which is available 24-7 with cost being around $600,000 per year to staff with well trained and experienced workers. Teague asked if the current laws are adequate to service this type of crisis or are there additional needs. Chief Dunn responded, stating the system puts a burden on law enforcement but fortunately they have the crisis center at the hospital. Teague asked Dunn if he would advocate for a crisis team. Dunn responded absolutely; obviously the goal is to best serve the population that needs medical help and not necessarily incarceration. Presentation from Dennis Reeves of the Martinsville Rotary Club regarding the Rotary Youth Exchange – Mr. Reeves said he was attending the meeting to represent 1.2 million Rotarians around the world. Working with youth at a younger level has great impact on them as adults. He introduced Emily Martin who will be spending the next year of school in Belgium. Miss Martin said she was extremely excited about the opportunity to travel and represent Martinsville and the Rotary Club in Belgium. She hopes to leave by August 25, 2015. She will live with three host families so she will be learning both Italian and French while there. Hodge and Bowles both congratulated her and expressed well wishes. Mayor Turner presented her with 100 City of Martinsville pins to pass out while she’s there and said they will also have an assortment of 100 post cards so she can be an ambassador for the City of Martinsville. Update regarding the City/C-PEG Small Business Development Contract – Amanda Witt said she wanted to be sure C-Peg was meeting the City’s expectations and goals. C-Peg has awarded $22,850 in small business grants this month, two were City businesses and one business in the county. She is planning a meeting in September for past recipients of C-Peg grants, MURA façade grants and for anyone who has taken advantage of the City or the Incubator’s past micro-loan program to see what the impact has been. They are applying for grants to fund businesses that they believe will be anchors for the Uptown area and grants for streamlining the process including ways to obtain permits online. They have registered Martinsville as a Small business Saturday community through American Express August 11, 2015 and will be planning a kickoff event to promote shopping locally in Martinsville and Henry County. She visited Marion, Virginia which has been named a “Downtown to Watch”, she hopes to plan and implement some of their ideas in Martinsville soon. She has scheduled a trip to Durham, NC to visit their farmers market which has been voted by MSN as 13th in the top 100 Markets in America; they plan to meet with staff and attend the market to learn some of their practices in hopes that it can benefit our local Farmer’s Market. C-Peg has secured three new for-profit Incubator tenants with another expected in August; the Incubator is at 93% occupancy with 17 tenants. Those tenants understand the incubator concept is to help them grow and get new businesses in place. She plans to look at different types of incubators and what makes them successful so they can learn more and expand the local office. She has met with two city property owners and has shown them several of the available properties; she is also working with a couple of retail stores to hopefully announce grand openings soon. They have met with 25 potential or existing City and County small businesses in July. Mr. Campbell is planning to hold an event involving a Nascar Chase driver in the community before the Fall race, possibly a large event at the Farmers market location. Council Member Hodge asked how uptown businesses would be able to capitalize from an event like that. Ms. Witt explained that it would be an early afternoon event to include a driver speech, media, and that they would ask that Uptown businesses be open during that time for shoppers. Adoption of an amendment to the City’s Noise Ordinance – Mr. Monday stated that the concern arose from a Southside complaint and that most reports have been from that area. He said that with Virginia being a Dillon’s Rule state that we do not have the ability to regulate the operation of motor vehicles or ATVs but we do have the statutory authority to regulate noise. The City already has a noise ordinance and the current ordinance has been used as a model for other locations. Hodge questioned the 10:00pm limit and questioned if it could be moved to 11:00pm or midnight? Monday stated that the ordinance was written to match other noise ordinance time frames but there is the option to change that time. Turner emphasized that ATVs must be operated on a resident’s private property. Monday elaborated that ATVs could not be operated on public streets or highways and when on someone else’s property, the operator would need the property owner’s written permission. Teague explained the ordinance is applicable year round and not just summer time when it gets dark later. Vice Mayor Bowles made a motion to approve the proposed noise ordinance amendment as presented, Council Member Teague seconded the motion. Council Members approved the ordinance 4-0 with a roll call vote: Bowles, aye; Teague, aye; Hodge, aye; Turner, aye. August 11, 2015 Approval of consent agenda – Council Member Hodge made a motion to approve the consent agenda, Bowles seconded the motion, all present Council Members voted in favor. Business from the Floor – Patrick Wright, 1201 Spruce Street, Apt 318 – asked who to contact about local employment. City Manager Towarnicki suggested he contact Chris Pope with the VEC. Mr. Wright requested that someone send him Mr. Pope’s contact information. Chad Martin, 111 Hammond Drive – said he just returned from Virginia Tech where they offered a great facilitator training. He asked Mayor Turner how the meeting went and if it was successful? Turner, Bowles and Hodge all confirmed that the meeting went very well and that there was another meeting already scheduled. Mayor Turner shared that Martinsville is participating in an online contest and citizens can go online to vote. City Manager Towarnicki said that the contest is sponsored by Blue Ridge Outdoor Magazine and explained how the public could vote for Martinsville by visiting the website. He explained that citizens can vote once a day from each device that they have available. The first round of voting will last through August 16 and the second round will end September 13. Each winning location will be featured in the November edition of Blue Ridge Outdoor Magazine. The sight was examined and it was determined to be safe to access from your home computer. Comments by members of City Council– Council Member Hodge said she did not bring up the fluoride issue at the last meeting because Vice Mayor Bowles was not in attendance and she would not discuss it at the current meeting since Council Member Stroud was not in attendance. She assured those in attendance that she has not giving up on the topic. Vice Mayor Bowles said she applauds the Police Department for the successful Hoops with Cops event. Mayor Turner thanked Police Chief Dunn, Officer Coretha Gravely and everyone involved in National Night Out. Comments by City Manager – City Manager Towarnicki stated that he had forwarded information to the Council Members about the breakfast with Congressman Griffith on Monday 8:00-9:00am and would need to advise the organizers who would be attending. He shared that Aug 14, 2015 is the 80th anniversary of Social Security and that the City had prepared a Proclamation to be read on Friday at the Social Security office on Commonwealth Boulevard. He wanted to make the public aware that there will be paving on Cleveland Avenue next week but it will be scheduled so not to interfere with school traffic. There is also work being done on Bridge Street from Market to the underpass. He said there will be work sessions scheduled soon with Council Members and staff on the water meter project. They are also working to project the FY17 budget and a joint planning August 11, 2015 session will be held with schools after those budget projections are figured. Mayor Turner said he had received calls from citizens on Clark, Corn Tassel and Beverly Way regarding no water and low water pressure. Towarnicki advised that there was a break recently in that area, that the Beverly Way water line was replaced 2 years ago and that the City will address replacement of other water lines as we can and will continue to look for grants to provide funds for additional repairs. Council Member Teague confirmed when there is a water break we fix it, but to eliminate breaks the line must be replaced. Council Member Hodge questioned the times of the work sessions? Towarnicki said that would be up to Council’s discretion but he hopes to hold those meetings during the day from 11:00-1:00pm but he will try to accommodate everyone’s schedule. There being no further business, Mayor Turner made a motion to adjourn the meeting at 8:50pm, Council Member Teague seconded the motion, all present members voted in favor. ___________________________________ ___________________________________ Karen Roberts Danny Turner Clerk of Council Mayor  City Council Agenda Summary Meeting Date: August 25, 2015 Item No: 2. Department: Human Resources Issue: Recognize City Employees who are eligible for Service Awards – July 1 through September 30, 2015. Summary: The Service Award Program is designed to build individual morale and show appreciation to the long-service employee for their faithful service to the City of Martinsville. Attachment: Listing of City Employees who are eligible for the service award for the first quarter of FY 15-16. TO BE READ BY MAYOR. NO ACTION NECESSARY. SERVICE AWARD RECIPIENTS FIRST QUARTER - FISCAL YEAR 15-16 FOR THE PERIOD OF JULY 1 – SEPTEMBER 30, 2015 YEARS OF NAME DEPARTMENT SERVICE ANITRA HUFF SHERIFF - JAIL 5 JOSEPH HAYNES FIRE DEPARTMENT 10 TJ DUNBAR SEWER MAINTENANCE 15 COMMONWEALTH'S SANDRA GENTRY ATTORNEY 15 SANDY HINES POLICE DEPT 15 DAVID JOHNSTON WATER MAINTENANCE 15 BART HAMPTON SHERIFF - COURTS 20 KATHY REED INFORMATION SERVICES 20 ANDY LASH WASTEWATER PLANT 25 WILBUR PRESTON WASTEWATER PLANT 25 ROGER SHELOR CENTRAL GARAGE 25 ADAMS- ESTHER ARTIS INFORMATION SERVICES 30  City Council Agenda Summary Date: August 25, 2015 Item No: 3. Department: City Attorney Issue: Noise ordinance amendment Summary: In response to citizen complaints about noise from the operation of certain unlicensed recreational motor vehicles, revisions of the City noise ordinance are proposed. The Police Department was consulted on this draft. Since first reading, three citizen concerns have been expressed: 1. Would this amendment make it difficult for persons who use these vehicles to get to work? 2. Does an “electric power-assisted bicycle” actually produce any noise, and if not, should they be in this amendment?1 3. 10:00 p.m. is too late to eliminate the noise, and the start time should be moved up earlier; this amendment will not solve the problem. Attachments: Draft ordinance Recommendations: Adopt on second reading by roll call vote. 1 Staff admits that none of us has seen one of these things. Their inclusion was because they were listed in the state code regulating unlicensed motor vehicles. Internet research (including sites with sound) indicates they are not very noisy, with either a “whirring” sound, or none at all.  CITY OF MARTINSVILLE, VIRGINIA ORDINANCE NO. 2015-1 NOISE ORDINANCE: OPERATION OF CERTAIN VEHICLES BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in regular session assembled on August 25, 2015, that subsection (3) of section 13-11 of the Code of the City of Martinsville be amended as follows: Sec. 13-11. - Excessive, unnecessary, etc., noise. [“it shall be illegal . . .”]: (3) To operate or use, or permit the operation or use of, power lawn mowers, chain saws, power hedge clippers, garden tractors or tillers, leaf mulchers or blowers, snowblowers or like outdoor power equipment in any residential district in the city between the hours of 10:00 p.m. and 7:00 a.m. following., or to operate or use, or permit the operation or use of an, all-terrain vehicle as defined in § 46.2-100, electric power-assisted bicycle, motorcycle-like device commonly known as a trail-bike or mini- bike, off-road motorcycle, or motorized cart commonly known as a go- cart, in any district in the city between the hours of 7:00 p.m. and 10:00 a.m. following. ********* Attest: ________________________________ Karen Roberts, Clerk of Council _______________ _______________ Date Adopted Date Effective  City Council Agenda Summary Meeting Date: August 25, 2015 Item No: 4. Department: City Manager, Commissioner of the Revenue, Treasurer Issue: Refund resulting from amended bank franchise tax return for tax years 2015 Summary: A bank that is required to file a Virginia bank franchise tax return erroneously reported local bank franchise liability of $13,385.00 to the City of Martinsville for tax year 2015. The bank was contacted to correct the reporting and to amend their return yet continued to report a Martinsville liability and remitted payment prior to the June 1st due date for the erroneous bank franchise tax liability. The bank has subsequently amended their Virginia return to correctly reflect tax liability that does not include the City of Martinsville. An abatement was made by the Commissioner of the Revenue office to correct the erroneously reported assessment. Local bank franchise tax is calculated on a percentage of the Virginia bank franchise tax. The City of Martinsville’s bank franchise tax does not require interest calculation on late payments of the bank franchise tax. Consequently, interest would not be paid on any refunds of this tax. The Code of Virginia authorizes the City Treasurer to issue refunds up to $2,500 without prior authorization of City Council. Because the refund amount is over this limit, City Council must authorize the City Treasurer to issue the refund. Attachments: None Recommendations: Authorize City Treasurer to issue refund in the amount of $13,385 for erroneously filed bank franchise tax payment with no calculated interest.  City Council Agenda Summary Meeting Date: August 25, 2015 Item No: 5. Department: Commissioner of the Revenue Issue: To consider adoption of a resolution setting the allocation percentage for personal property tax relief for qualifying vehicles in the City of Martinsville for tax year 2015. Summary: On December 13, 2005 city council adopted an ordinance that established a local program of personal property tax relief that requires the Martinsville City Council to annually set the relief allocation percentage that is anticipated to fully use the PPTRA relief funds provided to the City by the Commonwealth. The commissioner of the revenue has completed the annual assessment of motor vehicles that have a Martinsville tax situs for tax year 2015. By ordinance, qualifying vehicles assessed at $1,000, or less, receive 100% relief. Qualifying vehicles with assessed values between $1,001 and the first $20,000 receive a calculated annual percentage of relief based on the number of qualifying vehicles and their associated assessments. The commissioner of the revenue estimates that a percentage rate of 53.8% will fully use all state PPTRA funds allocated to the city for Tax Year 2015. Attachments: Resolution Recommendations: Adopt resolution  RESOLUTION SETTING THE ALLOCATION PERCENTAGE FOR PERSONAL PROPERTY TAX RELIEF IN THE CITY OF MARTINSVILLE FOR TAX YEAR 2015 WHEREAS, on December 13, 2005 by Ordinance 2005-8 the Martinsville City Council established a local program of tax relief that serves the best interests of its citizens regarding personal property tax on qualifying use vehicles, pursuant to modifications made by the General Assembly of Virginia to the Personal Property Tax Relief Act of 1998 (PPTRA); and WHEREAS, the city’s relief program requires the city council to adopt an annual percentage of local tax relief for personal use vehicles valued between $1,001 and the first $20,000 that will fully exhaust the PPTRA relief funds provided to the city by the Commonwealth of Virginia; and WHEREAS, the commissioner of the revenue has completed the annual assessment of motor vehicles with Martinsville tax situs for Tax Year 2015; and WHEREAS, the commissioner of the revenue estimates that a percentage of relief of 53.8% applied to the first $20,000 of assessed values for qualifying vehicles valued over $1,000 will fully use all available state PPTRA relief allocated for tax year 2015. NOW, THEREFORE BE IT RESOLVED by the Martinsville City Council that 53.8% shall be the percentage of relief to be applied to the first $20,000 in value of each qualifying vehicle with an assessed value more than $1,000 pursuant to and in accordance with provisions of Sec. 21-10 of the Martinsville City Code. Adopted this 25h day of August 2015. Danny Turner, Mayor ATTEST: Clerk of Council VOTE Danny Turner ______ Jennifer Bowles ______ Sharon Brooks Hodge ______ Mark C. Stroud, Sr. ______ M. Gene Teague ______  City Council Agenda Summary Meeting Date: August 25, 2015 Item No: 6. Department: Finance Issue: Appropriation Approval Summary: The attachments amend the FY15 and FY16 Budgets with appropriations in the following funds: FY15: General Fund: $ 7,846 – Additional State Funding FY16: General Fund: $ 148,028 – Federal Grant & Insurance Reimbursement Attachments: Consent Agenda 8-25-15-15 Consent Agenda 8-25-15-16 Recommendations: Approve  BUDGET ADDITIONS FOR 8/25/15 ORG OBJECT DESCRIPTION DEBIT CREDIT FY15 General Fund: 01101916 434105 State Categorical Shared - Comm Atty - Office Expenses 5,749 01101916 434106 State Categorical Shared - Comm Atty - Equipment 2,097 01221082 506001 Commonwealth's Attorney - Office Supplies 7,846 Additional fund received from Commonwealth Total General Fund: 7,846 7,846  BUDGET ADDITIONS FOR 8/25/15 ORG OBJECT DESCRIPTION DEBIT CREDIT FY16 General Fund: 01102925 436103 Non-categorical Federal - Police/Byrne/JAG Grant 143,997 01311085 506082 Police Dept. - Byrne/JAG Grant 143,997 Appropriation of Grant funding 01100909 490104 Advance/Recovered Costs 4,031 01217078 506138 Sheriff Courts - Motorcycle Equip/Maintenance 4,031 Insurance Reimbursement Total General Fund: 148,028 148,028