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 12, 2017 7:00 pm --Closed Session Items to be considered in Closed Session, in accordance with the Code of Virginia, Title 2.2, Chapter 37—Freedom of Information Act, Section 2.2-3711(A)—Closed Meetings, the following: A. 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. 7:30—Regular Session Invocation & Pledge to the American Flag – Council Member Lawson 1. Consider approval of minutes of the August 22, 2017 Council Meeting. (2 mins) 2. Consider presentation of a proclamation honoring Irving Groves, Jr. (5 mins) 3. Conduct a public hearing for consideration of citizens interested in an appointment to one unexpired term ending June 30, 2018 on the Martinsville City School Board. (10 mins) 4. Conduct a public hearing on a request from Shenandoah Personal Communications, LLC for a special use permit to replace a wooden telecommunications tower with a monopole at 400 Broad Street. (20 mins) 5. Consider approval on first reading, amendments to Chapter 5, “Animals and Fowl”, of the Martinsville City Code. (10 mins) 6. Hear an update from Piedmont Arts Executive Director Kathy Rogers. (10 mins) 7. Consider approval of consent agenda. (2 mins) 8. 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. 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. 9. Comments by members of City Council. (5 minutes) 10. Comments by City Manager. (5 minutes)  City Council Agenda Summary Meeting Date: September 12, 2017 Item No: 1. Department: Clerk of Council Issue: Consider approval of minutes from the August 22, 2017 Council Meeting Summary: None Attachments: August 22, 2017 Council Meeting minutes Recommendations: Motion to approve minutes as presented. August 22, 2017 The regular meeting of the Council of the City of Martinsville, Virginia was held on August 22, 2017 in Council Chambers, Municipal Building, at 7:30 PM with Vice Mayor Chad Martin presiding. Council Members present included Chad Martin, Jennifer Bowles, and Kathy Lawson. Sharon Hodge joined the meeting by conference phone. Gene Teague was not in attendance. Staff present included City Manager Leon Towarnicki, Assistant City Manager Wayne Knox, City Attorney Eric Monday, Clerk of Council Karen Roberts, Finance Director Linda Conover, Commissioner of Revenue Ruth Easley, Zoning Administrator Susan McCulloch, and Deputy Police Chief Rob Fincher. Vice Mayor Martin called the meeting to order and advised Council would go into Closed Session beginning at 7:00 PM. Council Member Hodge was out of town due to a contractual employment obligation but requested to join the meeting by phone. City Attorney Monday referenced Code of Virginia Section 2.2-3708.1 which would allow Council Member Hodge to participate in the meeting electronically by conference call. Council Member Lawson made a motion to allow Hodge to participate electronically; Council Member Bowles seconded the motion with a roll call vote: Council Member Bowles, aye; Vice Mayor Martin, aye; and Council Member Bowles, aye. In accordance with Section 2.1-344 (A) of the Code of Virginia (1950, and as amended) and upon a motion by Council Member Lawson, seconded by Council Member Bowles, with the following 4-0 recorded vote: Council Member Bowles, aye; Vice Mayor Martin, aye; Council Member Lawson, aye; and Council Member Hodge, aye, Council convened in Closed Session to discuss the following matters: (A) appointments to boards and commissions as authorized by Subsection 1 and (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. Upon return to regular session, City Attorney explained the policy concerning Hodge’s remote participation in the meeting with all present Council Members voting in favor to allow Council Member Hodge to participate by phone. 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 Council Member Lawson, seconded by Council Member Bowles, with the following 4-0 recorded vote in favor to return to Open Session: Vice Mayor Martin, aye; Council Member Bowles, aye; Council Member Hodge, aye; and Council Member Lawson, aye. Following the invocation by Council Member Bowles and Pledge to the American Flag, Vice Mayor Martin welcomed everyone to the meeting. A motion was made by Council Member Lawson to appoint Morton Lester to the Board of Appeals for an unexpired 5-year term ending May 11, 2018, to appoint Mark Price to the August 22, 2017 Board of Appeals for an unexpired 5-year ending May 11, 2019, to appoint Stephen Doby to the Board of Appeals for an unexpired 5-year term ending May 11, 2020, to appoint Charles Bradshaw to the Board of Appeals for an unexpired 5-year term ending May 11, 2021 and to appoint James McGarry to the Board of Appeals for a 5-year term ending May 11, 2022. This motion was seconded by Council Member Bowles with all Council Members voting in favor. Council Member Lawson made a motion to recommend to Circuit Court the appointment of Joseph Ogle to the Board of Zoning Appeals for an unexpired 5-year term ending September 12, 2020 and the appointment of James Barnett to the Board of Zoning Appeals for an unexpired 5-year term ending October 28, 2020. The motion was seconded by Vice Mayor Martin with all Council Members voting in favor. Council Member Bowles made a motion to appoint Michael Law to the Transportation Safety Commission for an unexpired 4-year term ending December 31, 2017. Council Member Hodge seconded the motion with all Council Members voting in favor. Vice Mayor Martin made a motion to appoint Carol Kendrick to the West Piedmont Disability Services Board for a 3-year term ending February 26, 2020. Council Member Lawson seconded the motion with all Council Members voting in favor. Consider setting a public hearing on a request from Shenandoah Personal Communications, LLC for a special use permit to replace a wooden telecommunications tower with a monopole at 400 Broad Street – City Manager Towarnicki and Zoning Administrator Susan McCulloch detailed the Shentel request for replacing the wooden tower which was voted on and approved by the Board of Zoning Appeals before being brought to Council. Council Member Lawson made a motion to set the public hearing for September 12, 2017; Council Member Bowles seconded the motion with all Council Members voting in favor. August 22, 2017 Consider approval of minutes of the July 25, 2017 Council Meeting and the August 8, 2017 Council Meeting - Council Member Bowles made a motion to approve the minutes as presented; Council Member Lawson seconded the motion with all Council Members voting in favor. Recognize City Employees who are eligible for Service Awards – July 1 through September 30, 2017 – City Manager Towarnicki recognized employees of the City for their years of service. August 22, 2017 Recognize Martinsville Henry County Chamber of Commerce President Amanda Witt-Cox – Vice Mayor Martin read the proclamation and Council Members presented Amanda Witt-Cox with the proclamation and a Key to the City. Witt-Cox thanked Council for the recognition and said she has enjoyed the work she has done with the Chamber and the people she has worked with. She thanked Council for giving the Chamber the opportunity to prove itself and said Lisa Fultz would be a vital addition to CPEG and the Chamber. Witt-Cox thanked City Manager Towarnicki for his help. Council Member Hodge said Witt-Cox had accomplished a variety of things during her time with the Chamber but especially with the small business strategy. Council Member Lawson reminisced about Witt-Cox’s first trade show and thanked her for her years and commitment to the Chamber and the City. Council Member Bowles thanked her for being a wonderful leader and roll model and for what she has done with the Farmers Market and SNAP program. Vice Mayor Martin said Witt-Cox went above and beyond in her position with the Chamber and said the business owners uptown agree. Vice Mayor Martin invited Lisa Fultz, the new Chamber Director to the podium. Fultz said she looks forward to a smooth transition and working with Council. 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 2017 – August 22, 2017 Commissioner of Revenue Ruth Easley highlighted the PPTRA relief funds that need to be approved annually by Council and noted that 53.02% is the calculated allocation percentage. Council Member Lawson made a motion to approve the resolution; Council Member Hodge seconded the motion with the following roll call: Council Member Bowles, aye; Council Member Hodge, aye; Council Member Lawson, aye; and Vice Mayor Martin, aye. Consider setting a public hearing for Council’s September 12, 2017 meeting for the purpose of receiving names of citizens interested in an appointment to one unexpired term on the Martinsville City School Board, ending June 30, 2018 – City Manager Towarnicki explained there is a vacancy on the school board and the public hearing is a requirement to go forward in filling that position. Candidates interested in filling the vacancy will need to be in attendance at the public hearing or have their name mentioned to be considered for the vacancy. Council Member Bowles made a motion to set the public hearing for September 12, 2017. Council Member Lawson seconded the motion with all Council Members voted in favor. Consider approval of consent agenda – Council Member Lawson made a motion to approve the consent agenda as presented; Council Member Bowles seconded the motion with all Council Members voting in favor. August 22, 2017 Business from the Floor – No one approached the podium. Comments by members of City Council – Council Member Lawson thanked Council Member Hodge for participating in the meeting remotely and wished Mayor Teague a quick recovery. Council Member Hodge said that although she is traveling for work, she had a good conversation with the Mayor of Jackson, Mississippi about working together as needed. Hodge has meetings with NASA and with contactors Lockheed, Martin and Foley and will be sharing information when she returns that could benefit local small businesses. Council Member Bowles encourages residents to apply for Boards and Commission vacancies. Vice Mayor Martin wished Mayor Teague a speedy recovery. Comments by City Manager – City Manager Towarnicki thanked the Martinsville Bulletin for their article that helped to gain interest and increased applications for Board and Commission vacancies. Information on all Board and Commissions is available on the City website. Council Member Lawson asked that the descriptions be edited to include whether the applicant is required to be a City resident or not. Towarnicki shared details regarding follow up on Mr. Kirby’s previous concern about curb and gutter on Geter Street as detailed by the Public Works Manager Chris Morris stating that no project was guaranteed curb and gutter on Geter Street. Once the City met requirements on the DHCD grant, they looked at Geter Street again and whether it qualified for curb and gutter. Unfortunately, the street is too narrow and there were issues with obtaining a right-of-way from some of the property owners. There were also problems with moving utility poles to allow widening of the street. Towarnicki referenced Mr. Peverall’s concerns from a previous Council meeting about the City’s property maintenance program, explaining the procedure of detecting and follow-up of violations. In August 22, 2017 regards to Mr. Peverall’s comments about the burned properties and security, Towarnicki said the City is in constant communication with the property owners and working on a Brownsfield Grant to assist in that clean up. City Attorney Monday addressed a comment made by Mr. Peverall at Council’s previous meeting regarding delinquent taxes owed on the property on Moss Street and noted the property is tied up in an estate. There being no further business, Council Member Bowles made a motion to adjourn the meeting; the motion was seconded by Council Member Lawson with all Council Members voting in favor. The meeting adjourned at 8:14pm. ______________________________________ ______________________________________ Karen Roberts Chad Martin Clerk of Council Vice Mayor  City Council Agenda Summary Meeting Date: September 12, 2017 Item No: 2. Department: City Council Issue: Consider presentation of a proclamation honoring Irving Groves, Jr. Summary: At the September 12 meeting, a proclamation will be read and presented to members of the Groves family honoring the late Irving Groves, Jr. who passed away on Thursday, August 31, 2017. Attachments: Proclamation Recommendations: Mayor to read and present the proclamation. No formal action by Council is necessary.  Proclamation HONORING IRVING GROVES, JR. WHEREAS, Longtime community leader and banker, Irving Groves, Jr, passed away on Thursday, August 31, 2017, at the age of 88; and WHEREAS, Irving Groves, Jr. began his banking career in 1952 in the trust department at Piedmont Trust Bank, eventually moving through various senior management positions and ultimately becoming bank president and CEO in 1973, and later in 1977 becoming president and CEO of the bank’s holding company, Piedmont Bank Group, guiding Piedmont Bank Group to become one of southwest Virginia’s largest bank holding companies; and WHEREAS, In addition to his accomplishments in banking, Irving Groves, Jr. was deeply committed to serving his community - throughout his life he served on numerous boards including American Furniture, Hooker Furniture, Nationwide Homes, Tulex, American Standard Homes, Henry County Plywood, was an organizer and chairman of the Martinsville-Henry County EDC, president of United Way, president of the Community Recreation Center which later evolved into the YMCA, was involved with both Patrick Henry Community College and Carlisle School, was involved with the Boy Scouts, Martinsville High School, and likewise received numerous awards for his leadership and involvement with many of these, and other organizations; NOW, THEREFORE, on this 12th day of September, 2017, Martinsville City Council hereby honors the late Irving Groves, Jr. for the contributions he made to our community, for his dedicated service to others, and for helping make our community a much better place for all. We extend our sincere condolences to the entire Groves family. _____________________________ M. Gene Teague, Mayor  City Council Agenda Summary Date: September 12, 2017 Item No: 3. Department: City Council Issue: Conduct a public hearing for consideration of citizens interested in an appointment to one unexpired term ending June 30, 2018 on 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 September 26, 2017 Council meeting. Attachments: Current Martinsville School Board members Recommended Action: Conduct public hearing.  City Council Agenda Summary Meeting Date: September 12, 2017 Item No: 4. Department: Community Development Issue: Conduct a public hearing on a request from Shenandoah Personal Communications, LLC for a special use permit to replace a wooden telecommunications tower with a monopole at 400 Broad Street. Summary: Shenandoah Personal Communications, LLC (Shentel) is attempting to upgrade Sprint LTE equipment in the Martinsville area, and this requires the installation of antennae that cannot be supported safely and efficiently by the current wooden tower. Shentel desires to install a 110.7’ monopole telecommunications tower (including 4’ lightning rod) that will replace the existing 97’ wooden pole. As per Section XIII, G, 4 of the City of Martinsville zoning ordinance, telecommunications towers are allowed by special use permit. A structural analysis of the proposed tower has been completed to show that the fall zone for the proposed tower will be within a 50’ diameter of the base, collapsing upon itself and avoiding homes in the vicinity (zoned M-1 at time of application, now ED-G or Economic Development - General). This is not the case with the current wooden monopole. Shentel will be adding landscape buffering and painting the pole SW 4008 Umber, a neutral color. On Thursday, August 17, 2017, the Commission held a duly advertised public hearing and voted unanimously to recommend to Council, approval of the special use permit. Attachments: None. Recommendation: The proposed tower will comply with the telecommunications regulations in the City of Martinsville’s Zoning Ordinance. Therefore, staff recommends that City Council conduct a public hearing and approve this request.  City Council Agenda Summary Date: September 12, 2017 Item No: 5. Department: City Attorney Issue: Consider approval on first reading, amendments to Chapter 5, “Animals and Fowl”, of the Martinsville City Code. Summary: At Council’s July 25, 2017 meeting, Martinsville Police Department Animal Control Officer E. C. Stone provided an update on issues regarding City animal control. Council requested Officer Stone to review with the City Attorney any recommendations he might have regarding ordinance changes that would assist in enforcement actions related to his operations. The ordinance changes to Sections 5-37 and 5-39 as outlined in the attachment are suggestions for amendments that would provide greater flexibility to Animal Control in enforcing both numbers of dogs owned and the tethering of dogs. Attachments: Draft ordinance Recommended Action: Adopt on first reading with roll call vote.  CITY OF MARTINSVILLE, VIRGINIA ORDINANCE NO. 2017-3 BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in Regular Session held on September 26, 2017, that Sections 5-37 and 5-39 of the Code of the City of Martinsville, be, and hereby are, amended to read as follows: ______________________________________________________________________________ Sec. 5-37. - Limitation of dogs. No person, family or other group of persons occupying the same premises shall keep more than four (4) dogs upon said premises, whether said premises shall consist of only one lot or parcel of land, or of two (2) or more adjoining lots or parcels of land in the city, provided that any such Any person, family or other group of persons occupying the same premises may keep more than four (4), but not more than six (6) dogs, upon said premises, if the dogs are kept entirely within an enclosed building between the hours of 10:00 p.m. and 7:00 a.m. and if said enclosed building is located at least fifty (50) feet away from any other person's residence at all times. In the event the foregoing requirements of are unable to be met, no more than four (4) dogs may be kept. Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor. Sec. 5-39. - Adequate space for animals; time restriction on tethering companion animals. (a) It shall be unlawful to fail to provide any animal with adequate space. "Adequate space" means sufficient space which reasonably appears to be sufficient to allow each animal to (i) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal and (ii) interact safely with other animals in the enclosure. (b) When a companion animal is tethered, "adequate space" means a tether that permits the above actions and is appropriate to the age and size of the companion animal. The tether must be attached to the companion animal by a properly applied collar, halter, or harness configured so as to protect the companion animal from injury and prevent the companion animal or the tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the companion animal. Furthermore, the tether must be at least three (3) times the length of the companion animal, as measured from the tip of its nose to the base of its tail, except when the companion animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the companion animal, temporarily and appropriately restricting movement of the companion animal according to professionally accepted standards is considered to be provision of adequate space. (c) It shall be unlawful for any person to tether a companion animal: (1) When the outside temperature is equal to or less than 32 25 degrees Fahrenheit or greater than 85 95 degrees Fahrenheit unless shelter is provided; or (2) In a manner which reasonably appears to be such as to cause injury, strangulation or entanglement of the dog on fences, trees, or other manmade or natural obstacles; or (3) To a any fixed-point; located outside of any structure from 10 p.m. to 7 a.m.; or (4) That is reasonably appears to be under four (4) months of age; or (5) That is reasonably appears to be sick or injured; or (6) For more than four (4) hours, in any twenty-four-hour period. (d) The professional opinion, delivered under oath, of any law enforcement officer shall be presumed to satisfy the phrase “reasonably appears to be” as used in this section, unless rebutted by clear and convincing evidence to the contrary. (e) Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor. ********* Attest: ________________________________ Karen Roberts, Clerk of Council ________________ ________________ Date Adopted Date Effective  City Council Agenda Summary Date: September 12, 2017 Item No: 6. Department: City Manager Issue: Hear an update from Piedmont Arts Executive Director Kathy Rogers. Summary: Kathy Rogers with Piedmont Arts will attend Council’s meeting and provide a brief update on the Public Art Garden and other Piedmont Arts projects. 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 12, 2017 Item No: 7. Department: Finance Issue: Appropriation Approval Summary: Item #1: The attachment amends the FY17 and FY18 Budgets with appropriations in the following funds: FY17 General Fund: $ 977 – Federal Asset Forfeiture FY18 General Fund: $ 9,861 – Federal Asset Forfeiture Item #2: Request an emergency appropriation of $45,685 for replacement of the chiller compressor City Hall from the Capital Reserve (16) Fund. Attachments: Consent Agenda 9-12-17 Recommendations: Approve  BUDGET ADDITIONS FOR 09/12/17 ORG OBJECT DESCRIPTION DEBIT CREDIT FY17 General Fund: 01102926 436401 Cat. Federal - Federal Confiscated Assets - Police 977 01311085 506079 Police Dept - Federal Asset Forfeitures 977 US Marshals Service Total General Fund: 977 977 FY18 General Fund: 01102926 436401 Cat. Federal - Federal Confiscated Assets - Police 2906 01311085 506079 Police Dept - Federal Asset Forfeitures 2906 US Marshals Service 01102926 436401 Cat. Federal - Federal Confiscated Assets - Police 4471 01311085 506079 Police Dept - Federal Asset Forfeitures 4471 US Marshals Service 01102926 436401 Cat. Federal - Federal Confiscated Assets - Police 2484 01311085 506079 Police Dept - Federal Asset Forfeitures 2484 US Marshals Service Total General Fund: 9,861 9,861