City Council

AGENDA--CITY COUNCIL -- CITY OF MARTINSVILLE, VIRGINIA Council Chambers – Municipal Building 7:00 pm Closed Session 7:30 pm regular session Tuesday, September 8, 2015 7:00—Closed Session 1. Items to be considered in Closed Session, in accordance with the Code of Virginia, Title 2.2, Chapter 37—Freedom of Information Act, Section 2.2-3711(A)—Closed Meetings, the following: a. 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 from August 25, 2015 Council meeting. (2 mins) 2. Consider approval of a 5-year extension to the transfer station contract the City has with First Piedmont Corporation (15 mins) 3. Hear an update on FY15 refuse collection and also general information on current policies and procedures (15 mins) 4. Consider approval of consent agenda. (2 mins) 5. 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. 6. Comments by members of City Council. (5 minutes) 7. Comments by City Manager. (5 minutes) 8. Hear a presentation regarding a possible project involving replacement of City water and electric meters, and conversion of City street lighting to LED lighting (60 mins)  City Council Agenda Summary Meeting Date: September 8, 2015 Item No: 1. Department: Clerk of Council Issue: Consider approval of minutes of City Council meetings August 25, 2015 meeting. Summary: None Attachments: August 25, 2015 meeting Recommendations: Motion to approve minutes as presented. August 25, 2015 The regular meeting of the Council of the City of Martinsville, Virginia was held on August 25, 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, Council Member Sharon Hodge and Council Member Mark Stroud. Staff members present included: City Manager Leon Towarnicki, City Attorney Eric Monday, Karen Roberts, Police Chief Sean Dunn, Assistant City Manager Wayne Knox, Linda Conover, Dave Brahmstadt and Ruth Easley, Commissioner of Revenue. 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 Council Member Teague, seconded by Mayor Bowles with the following recorded 5-0 roll-call vote: Council Member Hodge, aye; Mayor Turner, aye; Council Member Stroud, aye; Council Member Teague, aye; Vice Mayor Bowles. 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) 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. Council returned from Closed Session at 7:35pm. Mayor Turner stated that they would be returning to closed session after the regular Council meeting. Invocation and Pledge to the American Flag – Council Member Mark Stroud. Brief presentation by Mr. Mark Hurley, Community Manager for the American Cancer Society - Vice Mayor Bowles read a letter mailed to Former President Jimmy Carter on behalf of the City Council wishing him the best in his recovery. Mayor Turner explained the gray and black ribbons given to each Council Member. Mr. Mark Hurley, Community Manager for the American Cancer Society explained that cancer does not discriminate. The Cancer Society is a volunteer driven organization raising awareness and money which is donated to cancer research. Since 1950, the American Cancer Society has raised over $30.2 billion for cancer research. In the 1950s a child diagnosed with Leukemia had less than a 5% survival rate; today a child with that same diagnosis has a 90% chance of survival which is proof that progress has been made on cancer research. In 2015, $116,000 has been raised by Martinsville Relay for Life. Presentation of a Proclamation recognizing McCabe Memorial Baptist Church’s 75th Anniversary – Council Member Teague, member of McCabe Memorial Baptist Church read the proclamation which was then presented to Tim Byrd, Chairman of Deacons at the church. August 25, 2015 Approval of minutes from August 11, 2015 Council meeting – A motion was made by Council Member Hodge to approve minutes as written, Vice Mayor Bowles seconded the motion; all Council Members voted in favor. Recognition of City employees who are eligible for Service Awards from July 1 through September 30, 2015 – City Manager Towarnicki recognized the City employees for their years of service. August 25, 2015 Adoption on second reading of an amendment to the City’s Noise Ordinance – City Attorney Eric Monday stated that there were three concerns raised after the first reading of the amendment. 1. Would this amendment make it difficult for persons who use these vehicles to get to work? He replied that he is unaware of any citizens that would 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? He replied that the definition was pulled from the state code, they don’t seem to make very much noise and respectfully suggests that the electric powered bicycles be removed from the amendment. 3. 10:00pm is too late to eliminate the noise and the start time should be moved up earlier, this amendment will not solve the problem. City Attorney Monday said a resident suggested 7:00-8:00pm instead. Council Member Stroud stated that he felt that 10:00pm would be a little late for these all-terrain vehicles to be operated. Council Member Hodge expressed concern that because some people want to go to bed early that it would inhibit others’ ability to have fun. Vice Mayor Bowles suggested that the ordinance be amended to remove electric power-assisted bicycles from the amendment. Council Member Teague suggested that the time be changed to dusk instead of a specified time frame because of seasonal changes and since most of those vehicles could not be ridden safely after dark. Hodge questioned if the problem would be solved considering part of the complaint is related to ATVs being ridden in the County but heard in the City. Monday said there are some state laws that can be implemented as well. Council Member Teague made a motion to amend the ordinance to eliminate electric powered bicycles and to make the ordinance effective half an hour after sunset until 7:00am, Council Member Bowles seconded the motion, all Council Members voted in favor to amend the ordinance with those two changes. City Manager Towarnicki wanted to confirm that the 7:00am time would not be changed and that the original section of the ordinance related to power tools, chainsaws, etc. would remain 10:00pm. Council Members and City Attorney confirmed that neither would change. Council Member Teague made a motion to approve the ordinance as amended, August 25, 2015 Council Member Hodge seconded the motion, all Council Members voted in favor by a roll call vote: Turner, aye; Stroud, aye; Bowles, aye; Hodge, aye; Teague, aye. Refund resulting from amended bank franchise tax return for tax year 2015 – Ruth Easley, Commissioner of Revenue stated a local bank’s bank franchise return due early March contained some discrepancies. She contacted the bank to let them know they did not have a tax liability in the City. The bank continued to report a liability and submitted their June 1st payment that was due for the local franchise. Because the City did not have paperwork to allow the return of the check, they contacted the bank informing them how to amend their return appropriately. The Commissioner of Revenue’s office has completed the adjustment on the payment but the City Treasurer needs Council’s approval since the refund is over $2,500. This refund would not include interest. Council Member Teague made a motion to approve the refund, Vice Mayor Bowles seconded the motion, all Council members voted in favor. August 25, 2015 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 – Ruth Easley, Commissioner of Revenue stated that this is an annual request for Council to approve the tax relief percentage for vehicles assessed at $1,001-$20,000. In order for the Commissioner of Revenue’s office to complete the assessment, they must have the relief rate set. Her office has calculated the relief rate to be 53.8% for qualifying vehicles from $1,001-$20,000. Vehicles assessed under $1,000 would not be taxed. Vehicles assessed over $20,000 will only get that percentage relief on the first $20,000. Vice Mayor Bowles made a motion to adopt the resolution and set the allocation percentage to 53.8%, Council Member Teague seconded the motion, all Council Members voted in favor. August 25, 2015 Consider approval of consent agenda – Council Member Teague made a motion to approve the consent agenda, Council Member Hodge seconded the motion, all Council Members voted in favor. Council Member Hodge brought up the Fluoride topic, making a motion to stop the fluoride program for the City water, Vice Mayor Bowles seconded the motion. Council Member Teague stated that he appreciated those who have researched and spoke on the fluoride discussion. He stated that after much personal research, he is convinced that fluoride is safe for the community, that it is beneficial in prevention of tooth decay, that it is the right thing to do for those citizens that cannot afford dental care. He feels that the community supports the continued use of fluoride, and that the program is affordable for the City. Vice Mayor Bowles stated that it is not acceptable to force something on citizens that they don’t want and that the money could be allocated to the dental clinic instead. Council Member Hodge agrees with Bowles and agrees it’s wrong for the government to force anyone to ingest a treatment against their will. Council Member Stroud stated that he would never do anything that he believes is detrimental to the citizens of Martinsville and feels that if citizens are against the fluoride in the water that there are other avenues they can take and that he would not support the elimination of fluoride from the City water. Mayor Turner stated that he would also vote to continue the fluoridation of City water. Hodge asked that the residents continue their August 25, 2015 commitment to the elimination of fluoride topic and suggested they return with their argument after the next election. Council Member Hodge made a motion to stop fluoridation of City water, Vice Mayor Bowles seconded the motion, motion died with a 2-3 roll call vote: Teague, nay; Bowles, aye; Hodge, aye; Turner, nay; Stroud, nay. Business from the Floor – Tom Marshall, Auburn Place – thanked Council for hearing the citizen’s concerns regarding fluoridation. He believed it is important to tell the whole story and felt that the rest of the story on fluoridation needs to be addressed. Joe Martin, East Church St – expressed his appreciation to those who have shown up for the Council meetings over the past six months and for expressing their concerns regarding the fluoridation topic. He said it is his experience that approximately 4 out of 5 residents do not want fluoridated water after hearing the facts and directed the citizens to the “Stop Adding Fluoride to the Martinsville City Water Supply” Facebook page. Patrick Wright, 1201 Spruce St – said he’s heard stories about bed bugs and asked who he would talk if his apartment building had this problem? City Attorney Monday suggested that it be brought to the attention of the building management. City Manager Towarnicki said it would not be an issue for the City Inspection Departments. Minister Leonard Jones, 701 Starling Ave –expressed concern regarding the money allocated for Mr. Wampler’s salary at New College Institute. He wanted to know who was making the decisions and coming up with all the “dreams” and goals that aren’t working for the City; stating that it seems that assistance for products is only given to specific people in the community. He stated that Council should be more inclusive when making decisions so that part of the Community doesn’t feel excluded. Turner stated that Mr. Wampler is not on the City payroll and there is no taxpayer money involved in his salary. City Attorney Monday said that although he respects Mr. Jones, that it is unfair to accuse the Council of pursuing goals that did not achieve expectations when other organizations such as The Harvest Foundation were in charge of the arena and other projects. He stated that the City Council was supportive of these projects but did not handle the plans. He said the NCI Foundation and The Harvest Foundation were responsible for deciding the salary for Mr. Wampler, not the City Council members. Mr. Jones stated that what is already done is history but he asked that Council be supportive of additional group projects going forward. Comments by members of City Council – Council Member Stroud – apologized for missing the last meeting, he was out of town celebrating his 38 wedding anniversary. Mayor Turner – thanked the NAACP for hosting a meeting at FAHI Thursday August 21, 2015 which he attended with Police Chief Sean Dunn, Council Member Teague and Assistant City Manager Wayne Knox. August 25, 2015 Mayor Turner announced that Council would return to closed session at 8:48pm. 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 Hodge, all Council Members voting in favor. There being no further business, a motion was made to adjourn the meeting at 9:15pm by Council Member Stroud, seconded by Vice Mayor Bowles; all Council Members voted in favor. ___________________________________ ___________________________________ Karen Roberts Danny Turner Clerk of Council Mayor  City Council Agenda Summary Date: September 8, 2015 Item No: 2. Department: Public Works Issue: Consider approval of a 5 year extension to the transfer station contract the City has with First Piedmont Corporation. Summary: After the City closed the landfill in 2005, a contract was executed with First Piedmont Corporation for the construction and operation of a transfer station, with waste collected at the station trucked to other facilities for disposal. The contract provides for an initial 10 year term, followed by 4 possible extensions of 5 years each. The initial contract period ends December 31, 2015. After review of available options and negotiations with First Piedmont Corporation resulting in a lower transfer station fee, staff recommends execution of the agreement for a 5 year extension beginning January 1, 2016 and ending December 31, 2020. Attachments: None. Additional information will be presented at the meeting. Recommendations: Authorization for the City Manager to execute the agreement.  City Council Agenda Summary Date: September 8, 2015 Item No: 3. Department: Public Works Issue: Hear an update on FY15 refuse collection and also general information on current policies and procedures. Summary: Public Works Director Jeff Joyce will present a summary of refuse collection for FY15, and will also present general information on current policies and procedures related to refuse collection, scheduling, bulk and brush pickup, collection during inclement weather, as well as other related topics citizens frequently contact Public Works about. Attachments: None. Additional information will be presented at the meeting. Recommendations: Presented for information purposes. No Council action needed.  City Council Agenda Summary Meeting Date: September 8, 2015 Item No: 4. Department: Finance Issue: Appropriation Approval Summary: The attachments amend the FY15 and FY16 Budgets with appropriations in the following funds: FY15: General Fund: $49,957 – Reimbursements & Interest Earned FY16: General Fund: $30,654 – Confiscated Assets, Reimbursements, Federal Grant & Donations Attachments: Consent Agenda 9-8-15-15 Consent Agenda 9-8-15-16 Recommendations: Approve  BUDGET ADDITIONS FOR 09/08/15 ORG OBJECT DESCRIPTION DEBIT CREDIT FY15 General Fund: 01100909 490139 Advanced/Recovered Costs 49,938 01311085 501215 Police Dept. - O/T - CIT Program 8,013 01311085 505500 Police Dept. - Training 500 01331108 501215 Sheriff - Corrections - O/T - CIT Program 40,425 01331108 505540 Sheriff - Corrections - Training 1,000 Crisis Intervention Team reimbursements 01102926 436401 Categorical - Federal - Confiscated Assets - Police 19 01311085 506079 Police - Federal Asset Forfeitures 19 Accumulated interest for FY15 Total General Fund: 49,957 49,957  BUDGET ADDITIONS FOR 9/8/15 ORG OBJECT DESCRIPTION DEBIT CREDIT FY16 General Fund: 01100904 442401 Local Confiscated Assets - Police Dept 185 01311085 506118 Police Dept - Local Confiscated Assets 185 01100904 442402 Local Confiscated Assets - Commonwealth's Attorney 185 01221082 506118 Commonwealth's Attorney - Local Confiscated Assets 185 Local confiscated funds 01101917 442401 Categorical Other State - Confiscated Assets - Police 2,949 01311085 506078 Police Dept - Conf Assets State 2,949 Proceeds from confiscated vehicle sales 01100909 490104 Advanced/Recovered Costs 921 01322105 506008 EMS - Vehicle Equipment & Maintenance 921 Reimbursement for repairs 01102926 443200 Categorical Federal - National Endowment for the Arts 25,000 01812242 505660 Misc Development Exp - Piedmont Arts NEA Grant 25,000 Federal grant for Piedmont Public Art Garden project 01100908 480406 Miscellaneous Revenues - Donations/Recreation 450 01711210 506007 Recreation - Equipment & Supplies 450 Team Sponsor donations 1101917 442402 Categorical Other State - Confiscated Assets - C Atty 248 1221082 506105 Comm Atty - Conf Assets State 248 1101917 442401 Categorical Other State - Confiscated Assets - Police 716 1311085 506078 Police Dept - Conf Assets State 716 State Asset Forfeiture Proceeds Total General Fund: 30,654 30,654  City Council Agenda Summary Date: September 8, 2015 Item No: 8. Department: City Manager Issue: Hear a presentation regarding a possible project involving replacement of City water and electric meters, and conversion of City street lighting to LED lighting. Summary: At the December 9, 2014 Council meeting, staff was authorized to execute a Performance Contract Project Development Agreement with Johnson Controls for possible upgrades to the City’s utility meters, conversion of street lighting to LED, and improvements/upgrades to the wastewater sludge process, with the understanding that information would be provided to Council at a later date regarding project construction cost, schedule, and project financing. Since that time staff has worked closely with Johnson Controls and the details of a possible project have been developed, much of the cost of which is covered by savings generated by the project. Details have now been developed and project information will be presented at the September 8 meeting. Attachments: None. Additional information will be presented at the meeting. Recommendations: The presentation at the September 8 meeting is for information purposes with no action requested of Council at this time. Should there be questions or requests for additional information, staff and Johnson Controls will provide that as needed. It is suggested this matter be placed on Council’s September 22nd meeting agenda for formal action.