City Council

AGENDA--CITY COUNCIL -- CITY OF MARTINSVILLE, VIRGINIA Council Chambers – Municipal Building 6:30 pm Closed Session 7:30 pm Regular Session Tuesday, August 9, 2016 6:30 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. 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 of the July 26, 2016 Meeting. (2 mins) 2. Conduct a public hearing for consideration of citizens interested in the appointment to one unexpired term ending June 30, 2017 to the Martinsville City School Board (10 mins) 3. Hear quarterly staff update on Utilities – Electric, Water & Sewer (30 mins) 4. Consider support of possible legislation regarding lottery proceeds (10 mins) 5. Consider adoption of a resolution committing funding to the VDOT Revenue Sharing Program (10 mins) 6. Consider adoption on second reading of an amendment to the Firearms Ordinance, Section 24-2 of the Martinsville City Code (5 mins) 7. Schedule Neighborhood Meetings (10 mins) 8. Comments by members of City Council. (5 minutes) 9. Comments by City Manager. (5 minutes) 10. Business from the Floor (not televised) This section of the Council meeting provides citizens the opportunity to discuss matters, which are not listed on the printed agenda. 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.  City Council Agenda Summary Meeting Date: August 9, 2016 Item No: 1. Department: Clerk of Council Issue: Consider approval of minutes from July 26, 2016 Council Meeting. Summary: None Attachments: July 26, 2016 Council Meeting minutes Recommendations: Motion to approve minutes as presented. July 26, 2016 The regular meeting of the Council of the City of Martinsville, Virginia was held on July 26, 2016, in Council Chambers, Municipal Building, at 7:30 PM with Mayor Danny Turner presiding. Council Members present included Danny Turner, Jennifer Bowles, Gene Teague, Mark Stroud and Sharon Brooks Hodge. Staff present included City Manager Leon Towarnicki, Assistant City Manager Wayne Knox, Finance Director Linda Conover, Clerk of Council Karen Roberts, Officer Coretha Gravely, Police Chief Sean Dunn, Animal Control Officer E.C. Stone and Community Planner Susan McCulloch. Mayor Turner called the meeting to order and advised Council would go into Closed Session beginning at 7:00 PM. In accordance with Section 2.1-344 (A) of the Code of Virginia (1950, and as amended) and upon a motion by Council Member Hodge, seconded by Vice Mayor Bowles, with the following 4-0 recorded vote: Vice Mayor Bowles, aye; Council Member Hodge, aye; Council Member Teague, aye; and Mayor Turner, aye. Council Member Stroud was not present during the vote. Council convened in Closed Session to discuss the following matters: (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. At the conclusion of Closed Session, each returning member of Council certified that (1) only public business matters exempt from open meeting requirements were discussed in said Closed Session; and (2) only those business matters identified in the motion convening the Closed Session were heard, discussed, or considered during the Session. A motion was made by Vice Mayor Bowles, seconded by Council Member Hodge, with the following 5-0 recorded vote in favor to return to Open Session: Council Member Stroud, aye; Mayor Turner, aye; Council Member Teague, aye; Vice Mayor Bowles, aye; and Council Member Hodge, aye. Following the invocation by Council Member Stroud and Pledge to the American Flag, Mayor Turner welcomed everyone to the meeting. Consider approval of minutes from the July 12, 2016 Council Meeting – Mayor Turner made a correction referring to the comments by City Manager. Vice Mayor Bowles made a motion to approve the minutes, motion was seconded by Council Member Hodge with a 5-0 Council vote in favor to approve the minutes as corrected. Present a proclamation to Jim Tobin on his retirement as Executive Director of Piedmont Community Services – Council Member Stroud read the proclamation then along with other Council Members, presented it to Mr. Tobin. Stroud thanked him for his dedication and service. Mr. Tobin said it had been an opportunity to represent Piedmont Community Services over the years and thanked the Council Members. Vice Mayor Bowles said Tobin was a valuable asset to the community. Council Member Teague also thanked him for his service. July 26, 2016 Presentation of Proclamation regarding Tuesday, August 2, 2016 National Night Out – Council Member Hodge read the proclamation. Police Chief Sean Dunn thanked the Council Members for the opportunity to be recognized and thanked the neighborhood captains for being present. He stated that Officer Coretha Gravely and the neighborhood captains are the Night Out Dream Team. Activities are being offered August 2, 2016 from 6:00-8:00pm and invited everyone to attend. Dunn said he hopes to see Council Members and citizens at all of the locations. Vice Mayor Bowles stated that the City Police Department has a great relationship with the community. Council Member Stroud said the City could not have the success it does without the participation by the neighborhood captains. July 26, 2016 Conduct a public hearing regarding rezoning property located at 925 Boden Street from R-9 Residential to C-3 Commercial – Susan McCulloch summarized previous meetings and a duly advertised public hearing held previously as well as requirements needed for rezoning approval. Staff recommends Council approve the request to rezone the property. Bowles asked about the guardrail on Boden Street. McCulloch said Chris Morris, City Engineer was following up on the guardrail concern. Hodge asked if McCulloch had received any correspondence from any other residents regarding the fencing. McCulloch said no one had contacted her with any real concerns for or against rezoning. Bowles asked for confirmation that signatures were not required, McCulloch confirmed that Mr. Wright obtained the signatures only as a show of support. Mr. Wright, property owner thanked Council for their time. Mayor Turner opened the public hearing. No one approached the podium so the public hearing was closed. Teague thanked Mr. Wright for reaching out to the area residents and said it showed that he was trying to be a good neighbor. Hodge echoed Teague’s comments and thanked Mr. Wright for his cooperation. Bowles made a motion to approve rezoning the property as requested, Hodge seconded the motion with all members voting in favor. July 26, 2016 July 26, 2016 Hear a presentation from Virginia First Cities – City Manager Leon Towarnicki introduced members of VFC. He said there was information provided at a previous meeting so he had asked those representatives to attend a Council meeting to share those details with Council Members. Kelly Harris-Braxton, Executive Director of Virginia First Cities presented a PowerPoint and printed information to Council regarding Virginia First Cities. She summarized what VFC represents and how it began. She pointed out that Council Member Stroud and City Manager Towarnicki are VFC board members. She detailed VFC membership and policy priorities. Vice Mayor Bowles and Council Member Hodge questioned VFC relationship with schools related to education. Teague asked if Towarnicki would be on the Brownsfield call Wednesday. VFC Legislative Director Laura Bateman explained VFC advocacy along with the General Assembly 2016 initiatives and outcomes regarding education and public safety. Mayor Turner asked if the City had Brownsfield money set aside, Assistant City Manager Wayne Knox explained that the money set aside is assessment money. Also present was Jim Regimbal of Fiscal Analytics, LTD who described state revenues under-performance in FY2016 and where budget cuts would take place. He explained theories for slowing Virginia Revenue Growth. Teague suggested that strategies should probably be put into place now for shortfalls expected next year. Turner asked about a measure for economic development success. Braxton said they are always willing to discuss changes to policies. Hear a presentation from Police Animal Control regarding a summer intern project related to pets, pet safety, and microchipping – City Manager Towarnicki introduced the Police Department’s summer intern Hunter Jennings, a rising senior at Virginia Tech and E.C. Stone, City Animal Control Officer. Jennings shared her education history and details on her major. She detailed her project including research involved in her internship. Her focus was on microchip usage including laws, regulations, usage, pros and cons. She says if an animal is lost to contact the SPCA or animal control and not the veterinarian office. She detailed some animal control laws including noise violations, registration, vaccination, and maximum July 26, 2016 number of animals allowed at a City residence. She detailed leash and chain laws. She summarized issues and concerns of abandonment, animals left in hot cars, dogs running at large, bites, and City ordinances regarding livestock and fowl. Bowles asked about electronic fencing, Stone explained underground fencing and wireless monitor systems. Jennings explained charges of impoundment and animal cruelty charges. Hodges asked about the number of animals within the City that are microchipped. Teague said the City contributes to the SPCA to ensure the City’s location is a no-kill shelter. Jennings thanked Chief Dunn, Police Captain Fincher and Stone for allowing her to participate in the internship this summer. Consider setting a public hearing for Council’s August 9, 2016 meeting for the purpose of receiving names of citizens interested in an appointment for one unexpired 3-year term on the Martinsville City School Board ending June 30, 2017 – City Manager Towarnicki said the hearing would be set for August 9 and any resident interested would need to present themselves at that meeting or have their name mentioned. Council Member Teague made a motion to set hearing for August 9, Vice Mayor Bowles seconded the motion with all Council Members voting in favor. Consider adoption of draft Firearms Ordinance on first reading – City Attorney Monday says the Commonwealth is specific about how localities can regulate firearms. A state code was changed that affected land that was over 5 acres or zoned agricultural and since the City does not have either then that change was never made. Vice Mayor Bowles made a motion to approve the adoption on first reading, Council Member Hodge seconded the motion. Roll call vote: Hodge, aye; Bowles, aye; Stroud, aye; Teague, aye; Turner, aye. July 26, 2016 Consider support of a grant application to provide funding for implementation of community based pre-trial and/or local probation services: City Manager Towarnicki asked for approval of the grant application letter provided to Council. He explained the map related to community-based probation and pretrial services and the grant information provided. One option for office space to manage the program would be the Housing office. The program is a popular and widespread program in the state and very unlikely that the grant money will diminish over time. Towarnicki said this could be the last opportunity to take advantage of the program. Martinsville City would partner with Henry County and Patrick County. Council Member Hodge made a motion to approve the letter, Vice Mayor Bowles seconded the motion with all Council Members voting in favor. July 26, 2016 Comments by members of City Council – Council Member Stroud appreciates prayers for his daughter-in-law who’s expecting her first child. Council Member Hodge said that in November the Governor would hold a Housing Summit including five regional forums. She July 26, 2016 thanked Martinsville, Henry and Patrick County Association of Realtors for participating. One main issue is the lack of quality affordable rental units due to age of properties and HUD standards. Virginia Housing provides a tool/calculator on the website with data that should be adjusted. Hodge also said a representative for Senator Tim Kaine contacted her to get input on the legislative agenda and the West Piedmont Planning legislative agenda including I73, brownsfield opportunities, affordable housing and potential impact of a reversion. Vice Mayor Bowles added that lowering the minimum income adjustment would be a good idea. She thanked former School Superintendent Pam Heath and Craig Deitrich on their service on the school board and congratulated Interim Superintendent Talley on his appointment. Mayor Turner announced that the last Mustangs fireworks show would be Friday, August 5 and there would be a movie premier titled The Dressmaker on August 4. Business from the Floor (not televised) – Hardin Edwards, local veteran is requesting the City to erect a sign on City bridges to honor local veteran Paul Shorter, the most decorated soldier during WWII, Korea and Vietnam and in memory of Pearl Harbor survivor Herbert Gibbs who passed away September 2015. Edwards asked that the City pay tribute to each of these veterans. Mayor Turner said this request would be referred to the Veterans Service Organization so action can be taken to recognize these two soldiers. Turner turned the information over to the City Manager to follow up. Ural Harris of 217 Stewart Street referred to a letter regarding a lottery refund suggesting the refund be split between the City and Henry County. There being no further business, a motion was made by Council Member Teague to adjourn the meeting, seconded by Council Member Hodge with all Council Members voting in favor. The meeting adjourned at 9:51pm. ______________________________________ ______________________________________ Karen Roberts Danny Turner Clerk of Council Mayor  City Council Agenda Summary Date: August 9, 2016 Item No: 2. Department: City Attorney Issue: Conduct a public hearing for consideration of citizens interested in the appointment to one unexpired term ending June 30, 2017 to the Martinsville City School Board. Summary: Pursuant to Code of Virginia section 22.1-29.1, a public hearing is necessary to introduce and consider names of persons interested in appointment to a vacancy on the Martinsville School Board and to receive the views of citizens within the school division. This state code section also states that no nominee or applicant whose name has not been considered at the public hearing shall be appointed as a school board member. Further, the actual appointment must be made at least seven days after the hearing; appointment will therefore be made at the August 23, 2016 Council meeting. Due to a recent Board member resignation, one (1) unexpired term ending June 30, 2017 exists. Attachments: Current Martinsville School Board members Recommended Action: Conduct public hearing.  City Council Agenda Summary Meeting Date: August 9, 2016 Item No: 3. Department: Utilities Issue: Hear quarterly staff update on Utilities - Electric, Water & Sewer. Summary: City Staff will provide an update on Electric, Water and Sewer operations for the term January –July 2016. Attachments: None Recommendations: Information only, no action necessary  City Council Agenda Summary Date: August 9, 2016 Item No: 4. Department: City Manager Issue: Consider support of possible legislation regarding lottery proceeds Summary: Information was recently received regarding an effort from the Nottoway County Board of Supervisors to pursue General Assembly legislation creating a “Lottery for Localities” in the Commonwealth. The proposed effort requests that 5% of total lottery sales in the Commonwealth be returned to localities, proportionally with how much lottery revenue is generated in that locality. The attached background sheet indicates that total lottery revenue in the Commonwealth in FY15 was $1.844 billion, which would create a cumulative redistribution of revenue of $92,200,000 based on a 5% return. The document indicates that Nottoway County could potentially receive a return of $310,978.74 based on its FY15 sales. Staff is researching and hopes to have similar numbers for the City of Martinsville by the time of the Council meeting. The background information indicates that the proposed legislation would be drafted to ensure that no money would be taken from educational funding to support this new initiative. Most recent numbers posted on the Virginia Lottery website indicates that the Martinsville City school system received $2,431,174 in lottery revenue in FY15. Attachments: Background information from Nottoway County Recommended Action: Counties, towns and cities in Virginia have very limited opportunities to enhance revenue and this effort by Nottoway County is a creative way to provide a new revenue stream for localities. Although chances of success appear to be limited, support of this initiative is recommended nonetheless. Should Council wish to support this effort, staff recommends it do so only with the understanding that no reduction in school system funding be made in order to fund this effort. The recommended action is to authorize staff to send a letter of support of this initiative to our area’s legislators, and to include the matter on the upcoming Legislative Agenda for the 2017 Session of the General Assembly.  City Council Agenda Summary Meeting Date: August 9, 2016 Item No: 5. Department: Public Works Issue: Consider adoption of a resolution committing funding to the VDOT Revenue Sharing Program. Summary: In April, Council adopted a resolution to comply with VDOT requirements to continue with the current funding agreement for the City’s revenue sharing project, with the only such project currently scheduled being Uptown paving. The Uptown paving project is currently planned for next summer. Upon review of the wording on the original resolution, VDOT requested it be revised to reflect funding for current and future revenue sharing projects, not just the Uptown paving project. Currently, revenue sharing projects require a 1:1 match of VDOT/local funds and such projects are considered by staff and brought to Council on a case by case basis. The revised resolution reflects those changes. Attachments: Resolution assuring a commitment of funds to the VDOT Revenue Sharing Program. Recommendations: Approve Resolution as per VDOT revisions  Council Members City Manager Danny Turner, Mayor Leon E. Towarnicki Jennifer Bowles, Vice-Mayor City Attorney Sharon Brooks-Hodge Eric H. Monday Mark Stroud Clerk of Council Gene Teague Karen Roberts RESOLUTION A RESOLUTION OF ASSURANCE TO COMMIT FUNDING TO VDOT REVENUE SHARING PROGRAM WHEREAS, the City of Martinsville has entered into a Programmatic Project Administration Agreement for funds approved through the Virginia Department of Transportation Revenue Sharing Program; and, WHEREAS, the city of Martinsville is committed to meeting its financial obligations under the Virginia Department of Transportation Revenue Sharing Program; and, THEREFORE, BE IT RESOLVED, that the Council of the City of Martinsville hereby commits to fund its local share of preliminary engineering, right-of-way, and construction (as applicable) of the project(s) under agreement with the Virginia Department of Transportation in accordance with the project financial documents; and, BE IT FURTHER RESOLVED, that the City Manager is hereby authorized to execute, on the behalf of the City of Martinsville, all necessary agreements required in conjunction with said project. Adopted this 9th day of August, 2016 ******* ATTEST: __________________________ ________________ Clerk of Council Date At a regularly scheduled meeting of the City of Martinsville Council held on August 9, 2016, on a motion by ________________________, seconded by ________________________, the above resolution was adopted by a vote of ___ to ___. 55 West Church Street, P. O. Box 1112, Martinsville, VA 24114-1112 276-403-5180 Fax: 276-403-5280 www.martinsville-va.gov  City Council Agenda Summary Date: August 9, 2016 Item No: 6. Department: City Attorney Issue: Consider adoption on second reading of an amendment to the Firearms Ordinance, Section 24-2 of the Martinsville City Code. Summary: This amendment addresses a need for more specificity in accordance with state code, arising from a recent ruling from General District Court. Specifically, paragraph (c) is being added to the existing ordinance indicating the Firearms Ordinance does not apply to any person discharging a firearm while killing a deer pursuant to Code of Virginia § 29.1-529, on land at least five acres zoned for agricultural use. At present, there is no such zoning classification in the City. Attachments: Draft ordinance Recommended Action: Adoption on second reading with roll call vote  CITY OF MARTINSVILLE, VIRGINIA ORDINANCE NO. 2016-1 FIREARMS ORDINANCE BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in regular session assembled on August 9, 2016 that section 24-2 of the Code of the City of Martinsville be amended to add a new subsection (c), as follows: Sec. 24-2. – Discharging firearms—Generally. (a) No person shall fire or discharge any gun, cannon, pistol or other firearm at any place within the city. A violation of this section shall constitute a Class 1 misdemeanor. (b) This section shall not apply to any law-enforcement officer in the performance of his official duties nor to any other person whose willful act is otherwise justifiable or excusable at law in the protection of his life or property or is otherwise specifically authorized by section 24-3 or by state law. (c) Pursuant to Code of Virginia § 15.2-1113, this section shall not apply to any person discharging a firearm while killing a deer pursuant to Code of Virginia § 29.1-529, on land of at least five acres that is zoned for agricultural use. (Code 1971, § 11-42) Charter reference— Authority of city to prohibit discharge of firearms, Ch. 1, § 2(22). Cross reference— Penalty for Class 1 misdemeanor, § 1-11. State Law reference— Authority of city to regulate or prohibit discharge of firearms, Code of Virginia, § 15.1-865; discharging firearms in streets or other public places, §§ 18.2-280, 18.2-286. ********* Attest: ________________________________ Karen Roberts, Clerk of Council _______________ _______________ Date Adopted Date Effective  City Council Agenda Summary Date: August 9, 2016 Item No: 7. Department: City Manager Issue: Consider setting a schedule and location for FY17 Council neighborhood meetings. Summary: Council meetings in various neighborhoods throughout the City have been held for a number of years, giving citizens an opportunity to meet with Council in an informal setting and to discuss issues/concerns in their areas. Typically four meetings are held throughout the year at 7:30 pm (preceded by a neighborhood tour) on the Monday prior to Council’s second monthly meeting The following is last year’s schedule with options for other locations for FY17 neighborhood meetings: September 21, 2015-Druid Hills/Uptown TOUR 5:30 pm LAST YEAR at Forest Hill Presbyterian THIS YEAR – September 26, 2016; NCI, Library, PH School October 26, 2015-Westside Area LAST YEAR at Housing Office TOUR 5:00 pm THIS YEAR – October 24, 2016; Albert Harris School March 21, 2016-Northside/Chatham Hts. TOUR 5:30 pm LAST YEAR at Clearview Wesleyan Church THIS YEAR – March 27, 2017; Chatham Heights Baptist, McCabe APRIL 25, 2016-Southside TOUR 5:30 pm LAST YEAR at Fuller Memorial THIS YEAR – April 24, 2017; Wesley Memorial Methodist Attachments: None Recommended Action: Direct staff to coordinate meetings and locations