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City Council

Regular Meeting

Martinsville, VA · September 26, 2017

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Minutes

September 26, 2017 The regular meeting of the Council of the City of Martinsville, Virginia was held on September 26, 2017 in Council Chambers, Municipal Building, at 7:30 PM with Mayor Gene Teague presiding. Council Members present included Gene Teague, Chad Martin, Jennifer Bowles, Sharon Hodge and Kathy Lawson. Staff present included City Manager Leon Towarnicki, Assistant City Manager Wayne Knox, City Attorney Eric Monday, Finance Director Linda Conover, Water Resources Director Andy Lash, Electric Department Director Durwin Joyce and Deputy Police Chief Rob Fincher. Mayor Teague called the meeting to order and advised Council would go into Closed Session beginning at 6:30 PM. In accordance with section 2.1-344 (A) Code of Virginia (1950, and as amended) and upon a motion by Council Member Lawson, seconded by Council Member Hodge with a 4-0 vote (Council Member Bowles arrived following the vote at approximately 6:40pm), Council convened in Closed Session to discuss the following matters: (A) appointments to boards and commissions as authorized by Subsection 1, (B) discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business’ or industry’s interest in locating or expending it’s facility in the community, as authorized by Subsection 5, and (C) Consultation with legal counsel and briefings by staff members, attorneys or consultants pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by such counsel, as authorized by Subsection 7. Council returned to regular session at 7:30pm. Mayor Teague noted that Closed Session was in recess and would resume after the meeting. Vice Mayor Martin made a motion to appoint Carol Kendrick to the Henry County- Martinsville Joint Social Services Board for an unexpired 4-year term ending May 31, 2018. The Motion was seconded by Council Member Bowles with all Council Members voting in favor. Following the invocation by Vice Mayor Martin and Pledge to the American Flag, Teague welcomed everyone to the meeting. Consider approval of minutes of the September 5, 2017 Work Session and September 12, 2017 Council Meeting - Council Member Lawson made a motion to approve the minutes as presented; Council Member Bowles seconded the motion with all Council Members voting in favor. Hear an overview of the September 25, 2017 Druid Hills/Uptown area neighborhood tour and meeting – City Manager Towarnicki summarized the neighborhood tour and meeting including the properties visited and the property maintenance report. Presentation of proclamation recognizing October, 2017 as Domestic Violence Awareness Month – Vice Mayor Martin read the proclamation and Council presented it to representatives September 26, 2017 from the Southside Survivor’s Response Center who were in attendance. Representatives thanked Council for their continued support. Hear a staff update on operations of the City’s Electric and Water Resources Departments covering the 6 month period from January, 2017 through June, 2017 – Andy Lash, Water Resources Director and Durwin Joyce, Electric Department Director updated Council on revenue and expenditures, new equipment, ongoing projects and more. Lash confirmed that the new water meters are working well. City Manager Towarnicki explained that there were over 100 calls made alerting customers of a potential water leak because of notification through the new meter system and that a system for customers to view water or electric usage during the month could be an option in the future. Council had discussions on solar options and market power rates. Council discussed the accuracy of the electric meters and how that has affected revenue and cost effectiveness of the project. Mayor Teague asked of the 24 power outages, could Joyce provide them a timeline on how long it took power to be restored for each outage. Towarnicki said beginning January 2018 the City has contracted with Faneuil to handle after-hours calls. September 26, 2017 September 26, 2017 September 26, 2017 Consider approval on second reading, amendments to Chapter 5, “Animals and Fowl”, of the Martinsville City Code – City Attorney Monday explained due to discussions with Officer Stone as well as employees of the local SPCA, some changes were made to the Ordinance. Monday summarized those changes for Council. Mayor Teague invited representatives from the SPCA to voice their concerns and suggestions related to the ordinance. Animal Control Officer E.C. Stone was also present to answer questions on the proposed changes. Glen Powell voiced concerns about doghouses and heat, comparing the doghouse to a sweatbox in extreme heat and requested specific language of the ordinance be adjusted. Patrick Wright questioned why anyone would use a large chain on a dog. Council Member Bowles made a motion to approve the ordinance as amended with changes discussed during the meeting. Council Member Hodge seconded the motion with the following roll call vote: Martin, aye; Bowles, aye; Lawson, aye; Hodge, aye; and Teague, aye. September 26, 2017 Consider approval of consent agenda – Council Member Bowles made a motion to approve the consent agenda as presented; Council Member Lawson seconded the motion. City Manager Towarnicki explained that once the final audit is complete the school board would have access to additional funds for capital as requested and approved at a previous work session. All Council voted in favor. September 26, 2017 September 26, 2017 Business from the Floor – no one approached the podium Comments by Members of City Council – Council Member Hodge thanked Council for accommodating her work schedule and allowing her to participate in the meetings electronically. Council Member Lawson shared upcoming events including the Martinsville High School Marching Band Fundraiser, Grace Presbyterian Church Community Day, Martinsville OctoberFest and Hazardous Waste Day. Council Member Bowles offered prayers to Tony Davis’s family and congratulated Tonya Jones of the School Board who was awarded Assistant Principal of the Year in Rockingham County. Bowles talked about the Go Virginia program explaining the biggest issue across all regions is workforce preparation and education. She congratulated Martinsville Speedway for their first race under the lights. Bowles also shared information on the Lobster Fest sponsored by the Rotary Club. Vice Mayor Martin said Mount Sinai is offering an Elections Matter conference and a candidates forum. September 26, 2017 Mayor Teague said all Council Members and City Manager Towarnicki would be attending the VML Annual Conference next week. Comments by City Manager – City Manager Towarnicki thanked Council for recognizing Tony Davis and his family after the tragic accident earlier in the day and thanked the County for offering a moment of silence in Davis’s memory. Towarnicki recognized Leonard Gilbert, a long-term retired Public Works employee who passed away recently as well as Frank Frazier, a former DuPont Manager who served on numerous City Boards. City Attorney Monday said he has been asked to speak at an upcoming VML seminar and is honored. The regular meeting adjourned at approximately 9:15pm and Council returned to Closed Session. 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 Hodge, with all Council Members voting in agreement. Council Member Bowles made a motion to appoint James Hyler to the School Board; Council Member Hodge seconded the motion and the motion failed to pass with a 2-3 vote: Bowles, aye; Hodge, aye; Teague, nay; Martin, nay; Lawson, nay. Council Member Lawson made a motion to appoint Andy Hall to the School Board for an unexpired 3-year term ending June 30, 2018; Vice Mayor Martin seconded the motion and the motion passed with all Council Members voting in favor. There being no further business, Council Member Lawson made a motion to adjourn the meeting; the motion was seconded by Council Member Hodge with all Council Members voting in favor. The meeting adjourned at 11:10pm. ______________________________________ ______________________________________ Karen Roberts Gene Teague Clerk of Council Mayor

Agenda

AGENDA--CITY COUNCIL -- CITY OF MARTINSVILLE, VIRGINIA Council Chambers – Municipal Building 6:30 pm Closed Session 7:30 pm Regular Session Tuesday, September 26, 2017 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. Appointments to Boards and Commissions as authorized by Subsection 1. B. Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business’ or industry’s interest in locating or expanding its facilities in the community, as authorized by Subsection 5. 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. 7:30—Regular Session Invocation & Pledge to the American Flag – Vice Mayor Martin 1. Consider approval of minutes of the September 5, 2017 Work Session and September 12, 2017 Council Meeting. (2 mins) 2. Hear an overview of the September 25, 2017 Druid Hills/Uptown area neighborhood tour and meeting (10 mins) 3. Presentation of proclamation recognizing October, 2017 as Domestic Violence Awareness Month (5 mins) 4. Hear a staff update on operations of the City’s Electric and Water Resources Departments covering the 6 month period from January, 2017 through June, 2017 (15 mins) 5. Consider approval on second reading, amendments to Chapter 5, “Animals and Fowl”, of the Martinsville City Code. (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. 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) 10. Reconvene Closed Session for School Board candidate interviews City Council Agenda Summary Meeting Date: September 26, 2017 Item No: 1. Department: Clerk of Council Issue: Consider approval of minutes from the September 5, 2017 Work Session and the September 12. 2017 Council Meeting Summary: None Attachments: September 5, 2017 Work Session minutes September 12, 2017 Council Meeting minutes Recommendations: Motion to approve minutes as presented. September 5, 2017 Work Session with the School Board A special meeting of the Council of the City of Martinsville, Virginia and the Martinsville City School Board was held on September 5, 2017, in Council Chambers, Municipal Building, at 6:00pm, to conduct a strategic planning work session. Council Members present included: Mayor Gene Teague, Vice Mayor Chad Martin, Council Member Kathy Lawson, Council Member Jennifer Bowles, and Council Member Sharon Brooks Hodge. Staff present included: City Manager Leon Towarnicki, Clerk of Council Karen Roberts, Assistant City Manager Wayne Knox, and Finance Director Linda Conover. School Board Members present included: Superintendent Dr. Zeb Talley, Executive Director of Administrative Services Travis Clemons, Executive Assistant to the Superintendent Janie Fulcher, Board Member Eric Hruza, Board Member Donna Dillard, Board Member Tonya Jones, Board Member Joan Montgomery and Executive Director of Special Education Dr. Paulette Simington. Mayor Teague opened the Council meeting and Joan Montgomery called the School Board meeting to order. City Manager Towarnicki recommended a list of topics for discussion in order of suggested priority. Superintendent Talley said the follow up meetings with Council and the City Manager had been beneficial. The first District Leadership Team, made up of principles, lead teachers and additional chosen teachers had a meeting with positive results, and said the students appear to have picked up where they left off at the end of the last school year with no “summer loss” over the summer months. Talley said unofficially the majority of the City schools will be accredited within the year. The schools are working towards goals related to student suspension, absenteeism and truancy. School staff vacancies are down from thirty to three and the board is still working to fill those openings. 100% of the senior class of 2017 graduated. Mayor Teague asked what change was made that affected the schools ability to become accredited. Montgomery explained that the schools have changed the culture of the school, the staff’s expectation of the students increased, the schools are more supportive and the staff has become more stabilized than previous years. Talley explained the MAP testing which was given three times each year in addition to SOLs was beneficial also. Talley says the parents have confidence in the school and current enrollment is stable at 1,904 students and continues to increase. Dr. Talley said the school did reach out to those families who did not return to Martinsville City Schools this current year. September 5, 2017 Work Session with the School Board Finance Director Linda Conover summarized budget information. Talley said of the $507,745 fund balance, AVID programming is a definite need along with other requests listed on the report provided. Mayor Teague questioned the importance of those requests since they were not a priority when the budget was passed previously and feels that rolling extra money into capital expenditures should be the priority for when needed to make repairs. Hodges expressed her concern regarding what goes on within the school to continue the progress should be more important than capital improvements. Conover said the changes could be added to the reappropriations list and brought to Council at a later meeting. September 5, 2017 Work Session with the School Board Mayor Teague touched on Council - School relationships especially during budget discussions. Council Member Hodge said they try not to micro-manage but as an elected official, it’s their job to monitor what’s in the best interest of all. Vice Mayor Martin said he feels that with the new Council and the new School board members that everyone is mostly on the same level and in agreement. Council Member Bowles said meetings in previous years did not go smoothly like they did tonight and feels there is a new level of transparency. School Board Member Hruza stated that Dr. Talley has an unparallel sense of urgency to make changes; he’s professional and genuinely concerned for the students. The children don’t have time to wait for issues September 5, 2017 Work Session with the School Board to be fixed. Hodge said it was encouraging to hear the School Boards support of the Superintendent. Council Member Hodge asked if everyone could take a look at the strategic plan related to education prior to the next joint work session. Mayor Teague suggested another strategic planning meeting and bus tour in February. City Manager Towarnicki said there were several updates and improvements that could be added to the strategic plan and will work to provide the School Board access to continuously update the plan. There being no further business, Council Member Bowles made a motion to adjourn the meeting, Council Member Hodge seconded the motion with all Council Members in favor. The meeting adjourned at 7:52pm. ___________________________________ ___________________________________ Karen Roberts, Clerk of Council Gene Teague, Mayor September 12, 2017 The regular meeting of the Council of the City of Martinsville, Virginia was held on September 12, 2017 in Council Chambers, Municipal Building, at 7:30 PM with Mayor Gene Teague presiding. Council Members present included Gene Teague, Chad Martin, Jennifer Bowles, and Kathy Lawson. Sharon Hodge 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, MiNET Manager Mike Scaffidi, Zoning Administrator Susan McCulloch, Animal Control Officer E.C. Stone and Police Chief Eddie Cassady. Mayor Teague 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) 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 Lawson, aye; Council Member Bowles, aye; Mayor Teague, aye and Vice Mayor Martin, 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. 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 Bowles, seconded by Council Member Lawson, with the following 4- 0 recorded vote in favor to return to Open Session: Mayor Teague, aye; Vice Mayor Martin, aye; Council Member Bowles, aye; and Council Member Lawson, aye. Council Member Lawson made a motion to recommend to Circuit Court the appointment of Benjamin Sharpe to the Board of Zoning Appeals for an unexpired 5-year term ending September 22, 2019. Council Member Bowles seconded the motion with all Council Members voting in favor. Following the invocation by Council Member Lawson and Pledge to the American Flag, Mayor Teague welcomed everyone to the meeting. Consider approval of minutes of the August 22, 2017 Council Meeting - Council Member Lawson made a motion to approve the minutes as presented; Council Member Bowles seconded the motion with all Council Members voting in favor. Consider presentation of a proclamation honoring Irving Groves, Jr. – Mayor Teague shared that Mr. Groves was a giant of our community in the impact he had. Anytime Teague saw Mr. Groves, he had a smile on his face and an encouraging word. Teague read the September 12, 2017 proclamation and Council presented it to Mr. Grove’s daughters. Mr. Grove’s daughter thanked Council on behalf of her father, stating that her parents loved this community. 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 – Mayor Teague described the process for those interested in being considered for the school board vacancy then declared the public hearing open for those interested. James Hyler, 211 Oakdale Street expressed his interest in being considered for the vacancy. Patrick Wright, Spruce Street said he would be interested in serving on the school board. Council Member Lawson said Andrew Hall would also like to be considered. Teague closed the public hearing and said interviews would be conducted after the next Council meeting. September 12, 2017 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 – Susan McCulloch updated Council on the details of Shentel’s request for replacing the existing tower and introduced Max Wiegard, Attorney with Gentry Locke Attorneys. Wiegard presented a PowerPoint presentation about the application details, and differences in the current tower versus the proposed tower. Council Member Bowles asked Wiegard to explain any environmental affects that could potentially be caused by the new tower. Wiegard said the only adverse health affect could potentially be a slight increase of body temperature when standing directing in front of the tower at the top, studies show any radiation from the tower is a low percentage and deemed safe. Mayor Teague asked about the screen trees that will be planted at the tower, Wiegard said the trees would grow tall and fast to shield the view of the tower and should be an improvement over the appearance of the current tower. Mayor Teague declared the public hearing open. No one approached the podium so Teague closed the public hearing. Council Member Lawson made a motion to grant the special use permit; Vice Mayor Martin seconded the motion with all Council Members voting in favor. September 12, 2017 September 12, 2017 September 12, 2017 Hear an update from Piedmont Arts Executive Director Kathy Rogers – Rogers provided a Calendar of Events. She said in the past year over 21,000 people attended the Piedmont Arts either for a class, school tour, or other event. Through the outreach program, their goal is to reach children from preschool to high school with free family days, partner with Martinsville Middle School for an after school art program, the Richmond Ballet will perform at a few of the Elementary schools, summer art camps, ongoing guided tours in the gallery, and other opportunities. Rogers explained that it is always free to visit the gallery. Piedmont Arts is planning additional activities that will be in neighborhoods and not just at the Piedmont Arts location. Rogers shared details about upcoming free lectures along with current exhibits available at Piedmont Arts. There will be a ribbon cutting ceremony October 14, 2017 for the Art Garden. Council Member Bowles said she was very impressed with the outreach program. Consider a proposal submitted by National Sports Services LLS, Topeka, KS, to purchase the Martinsville Mustangs – City Manager Towarnicki explained that the City was contacted by National Sports Services who have expressed interest in acquiring the Martinsville Mustangs and made a proposal. The proposal would assume the two years left on the current contract with Team Cole/Coastal Plain League with stipulations of repairs and improvements at the Mustangs stadium. Bill Davidson, CEO of NSS provided background of his organization and their interest in the Mustangs. Council Member Bowles made a motion September 12, 2017 to authorize City Manager Towarnicki to proceed with the proposal; Council Member Lawson seconded the motion with all Council Members voting in favor. Consider information regarding replacement and upgrade of the City’s telephone equipment – City Manager Towarnicki explained that the telephone equipment has been in place since 2001 and is at the end of its useful life and in need of upgrading. Ronco has provided a bid with heavy discounts if Council approves the upgrade now rather than waiting as originally budgeted. Mike Scaffidi, Telecommunications Manager explained that the newer equipment would save on annual maintenance costs. Towarnicki emphasized that there will be a positive fund balance in the Telecommunication budget for the next year so by doing these upgrades now it will save the City approximately $200,000. Council Member Lawson made a motion to authorize the City Manager to move forward with the agreement; Vice Mayor Martin seconded the motion with all Council Members voting in favor. Consider approval of consent agenda – Council Member Lawson made a motion to approve item A of the consent agenda as presented; Council Member Bowles seconded the motion with all Council Members voting in favor. Council Member Lawson made a motion to approve item B of the consent agenda as presented; Vice Mayor Martin seconded the motion with all Council Members voting in favor. Consider approval on first reading, amendments to Chapter 5, “Animals and Fowl”, of the Martinsville City Code – City Attorney Monday detailed the proposed amendments which are intended to make enforcement of the ordinance easier. Mayor Teague and Council Member Bowles expressed concerns over some of the changes requested. Mayor Teague asked Animal Control Officer Stone his opinion and reasoning for the requested changes. Mayor September 12, 2017 Teague invited those in attendance who wanted to express opinions on the amendments. Melissa White, 1725 Meadowview Lane expressed her concern regarding the ordinance changes and said that the City now has an opportunity to make the new laws more enforceable while keeping the dogs safer. She would like to see provisions including tethers with swivels and prohibiting choke or prong collars and limit chains of 1/8th of a dog’s weight. She asked that Council refrain from approving the amendments until more progressive changes can be suggested. Teague asked her to submit her suggestions to City Attorney Monday and Animal Control Officer Stone. White said as a former SPCA representative, she would be happy to work with the City on amendments that would be beneficial to the animals and enforceable by the City. Nicole Harris, Executive Director for the SPCA said they would be happy to seek grant money to provide smaller chains for residents. Harris read a letter from the Humane Society expressing concerns regarding the proposed amendments. Harris asked that Council consider restrictions including an enforceable time limit during daylight hours, temperature restrictions and prohibition of tethering during severe weather warnings. Council Member Lawson made a motion to approve the amendment on first reading leaving the temperature minimum at 32 degrees and maximum temperature at 90 degrees; Bowles seconded the motion. Teague requested “for more than four (4) hours, in any twenty-four hour period” be left on the ordinance since it can be enforceable if a citizen is willing to testify under oath. Council Members voted to approve the Ordinance as amended on first reading. Roll Call: Council Member Lawson, aye; Mayor Teague, aye; Vice Mayor Martin, aye; and Council Member Bowles, aye. September 12, 2017 Business from the Floor – no one approached the podium Comments by members of City Council – Council Member Bowles wished all grandparents a Happy Grandparents Day and congratulations to the Martinsville Bulldogs on their win. Bowles congratulated the Martinsville Police Department for a successful Coffee with a Cop event. September 30, 2017 Grace Presbyterian Church will hold a Community Resource day. Books and Crannies will host a children’s reading event Saturday September 16 at 11:00. Bowles explained that she had attended her first Virginia Resource Authority meeting and shared topics that were discussed. Vice Mayor Martin said he was happy that Mayor Teague is back and thanked Ted Anderson and the Fire Department for fighting a fire at his uncle’s home. Council Member Lawson reminded residents of the final TGIF on Friday September 15. Mayor Teague thanked Vice Mayor Martin for managing the previous Council Meeting and he appreciated the prayers and well wishes from everyone. Teague explained that Council Member Hodge had a work commitment and would return for the next Council meeting. Comments by City Manager – Towarnicki thanked Ralph Lawson and his team for the flags uptown. At the last Council meeting, council appointed a member to a board that is no longer active. The Boards and Commissions book has been updated and he is working to get her assigned to another board. Towarnicki expressed his appreciation to the residents and the Police and Sheriff’s department during the hurricane relief. They collected over 52,000 bottles of water and $350 in donations. The Fire Department held a tollgate which collected $8,156 September 12, 2017 and will be donating those funds to the Plum Grove Volunteer Fire Department that lost everything in the hurricane and continued to work and rescue Texas residents in need. The Sheriff’s department will offer Blessing buckets to collect toothbrushes and toiletries. Council Member Lawson congratulated the Police Department on their new recruits. Teague thanked the residents for their generosity and thanked Ralph Lawson for his work There being no further business, Council Member Lawson made a motion to adjourn the meeting; the motion was seconded by Council Member Bowles with all Council Members voting in favor. The meeting adjourned at 9:17pm. ______________________________________ ______________________________________ Karen Roberts Gene Teague Clerk of Council Mayor City Council Agenda Summary Date: September 26, 2017 Item No: 2. Department: City Council Issue: Hear an overview of the September 25, 2017 Druid Hills/Uptown area neighborhood tour and meeting. Summary: A recap of the neighborhood tour and the Uptown/Druid Hills neighborhood community meeting held at Forest Hills Presbyterian Church at 725 Beechnut Lane on Monday, September 25th will be given. Attachments: None Recommendations: This item is being presented for public information purposes – no action needed by Council. City Council Agenda Summary Meeting Date: September 26, 2017 Item No: 3. Department: City Council Issue: Presentation of proclamation recognizing October, 2017 as Domestic Violence Awareness Month. Summary: A representative from Southside Survivors Response Center will be present to accept the proclamation. Attachments: Proclamation Recommendations: Presentation only. PROCLAMATION MONTH OF OCTOBER AS DOMESTIC VIOLENCE AWARENESS MONTH WHEREAS, domestic violence is a critical issue that is distressing the citizens of Martinsville on a daily basis. Domestic violence is not confined to any group of people but occurs across all socioeconomic and racial boundaries; and WHEREAS, domestic violence violates an individual’s privacy, dignity, security, and humanity, due to systematic use of physical, emotional, psychological, and economic abuse; and WHEREAS, one out of three American women and one out of four men will experience domestic violence at some point in their life; and WHEREAS, children from violent homes are more likely to be involved in violent criminal activity in the future than their non-abused peers; and WHEREAS, the recognition of October as Domestic Violence Awareness Month, enables survivors to share their stories of triumph over adversity. Southside Survivor Response Center will provide presentations, awareness activities and trainings in the community throughout the month of October. On October 5, 2017 a community conversation will be held including a panel discussion of community members detailing services provided for victims and survivors. On October 26, 2017 SSRC will host Survivor’s Voices, a celebration of survivors. NOW, THEREFORE, in recognition of the important work done by Southside Survivor Response Center and for the empowerment of domestic violence survivors everywhere, I, Gene Teague, Mayor, hereby proclaim the month of October, 2017 as Domestic Violence Awareness Month in the City of Martinsville. ____________________________________ Gene Teague Mayor City Council Agenda Summary Date: September 26, 2017 Item No: 4. Department: Electric and Water Resources Issue: Hear a staff update on operations of the City’s Electric and Water Resources Departments covering the 6 month period from January, 2017 through June, 2017. Summary: Staff will present a brief update on operations of these departments covering the period noted. Attachments: None. Additional information will be presented at the meeting. Recommendations: Presented for information purposes. No Council action needed. City Council Agenda Summary Date: September 26, 2017 Item No: 5. Department: City Attorney Issue: Consider approval on second reading, amendments to Chapter 5, “Animals and Fowl”, of the Martinsville City Code. Summary: The attached ordinances have been amended to provide greater flexibility to Animal Control in enforcing both numbers of dogs owned and the tethering of dogs. At its September 12 meeting, Council amended provisions dealing with the weather temperatures and length of time a dog may be tethered. There was discussion from representatives of the SPCA concerning banning various types of collars and tethering during weather events. Further discussion has resulted in additional language (designated as bold, italicized with dotted underlining) to Section 5-39 (b) (which already addresses collars), (c)(1), (d) and (e) (which now addresses repeat offenders). Attachments: Draft ordinance as amended September 12, and with suggested additional amendments. Recommended Action: Adopt on second 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 the professional opinion of the Animal Control Officer 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 degrees Fahrenheit or greater than 85 90 degrees Fahrenheit, or during weather which, in the professional opinion of the Animal Control Officer, constitutes a threat to the animal’s safety 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, and to establish compliance with subsection (b), 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. Any second offense shall constitute a Class 3 misdemeanor. Any subsequent offense thereafter shall constitute a Class 3 misdemeanor and the Animal Control Officer shall be authorized to confiscate the animal pending adjudication upon charging a violation of this section, said animal to be forfeited in the event of conviction. ********* Attest: ________________________________ Karen Roberts, Clerk of Council ________________ ________________ Date Adopted Date Effective City Council Agenda Summary Meeting Date: September 26, 2017 Item No: 6. Department: Finance Issue: Appropriation Approvals Summary: Re-appropriation of Funds from FY17 to FY18 Budget by fund as follows: General Fund: $ 1,163,620 Refuse Fund: $ 32,861 Telecom Fund: $ 22,000 Sewer Fund: $ 200,000 Electric Fund: $ 334,128 Capital Reserve Fund: $ 319,576 CDBG Fund: $ 17,481 School Funds: $ 634,794 Total Requests: $ 2,724,460 Attachments: Re-appropriations FY17 into FY18 Recommendations: Approve RE-APPROPRIATIONS FY17 TO FY18 DEPARTMENTAL REQUESTS ORG CODE OBJECT DEPARTMENT ACCOUNT DESCRIPTION DEBIT CREDIT GENERAL FUND 01103938 462101 Contribution From Fund Balance $ 1,163,620 01122022 502815 Employee Services/Dev/Recog Wellness $ 5,000 continuing program 01212072 506104 General District Court Non-capital Equipment $ 4,600 emergency purchase - old copier quit 01217078 506047 Sheriff - Courts Project Life Saver $ 8,644 rollover of prior years' appropriated donations 01217078 506138 Sheriff - Courts M/C Equip/Maint $ 4,229 remainder of grant funding 01221082 506105 Commonwealth's Attorney State - Confiscated Assets $ 4,309 forfeiture funds - carry-over 01221082 506079 Commonwealth's Attorney Federal - Confiscated Assets $ 2,346 forfeiture funds - carry-over 01221082 506118 Commonwealth's Attorney Local - Confiscated Assets $ 715 forfeiture funds - carry-over 01311085 506078 Police State - Confiscated Assets $ 17,641 forfeiture funds - carry-over 01311085 506079 Police Federal - Confiscated Assets $ 92,146 forfeiture funds - carry-over 01311085 506118 Police Local - Confiscated Assets $ 41 forfeiture funds - carry-over 01321102 506110 Fire Fire Programs $ 70,683 grant funding 01321102 506007 Fire Bldg Repair & Maintenance $ 5,000 emergency repairs - A/C, door repairs 01321102 506130 Fire Maintenance for Burn Building $ 7,057 ongoing project - funded through reimbursements 01322105 506114 EMS Four for Life $ 577 grant funding 01331108 506104 Sheriff - Corrections Non-capital Equipment $ 4,894 incomplete projects - floors 01331110 506104 Sheriff - Annex Non-capital Equipment $ 3,000 incomplete projects - repairs 01341135 506300 Inspections Demolition $ 4,585 continuing program to clean-up more properties 01413145 503191 Street Maintenance Prof.Service-Contractors $ 63,165 incomplete project - repair on Clearview 01413145 503185 Street Maintenance Prof.Service-Street Resurfacing $ 440,521 continuing program - paving 01420152 508220 VDOT Reserve Physical Plant Expansion $ 371,107 matching funds for Uptown paving + City's 2% for Comm. Bridge 01812242 503600 Misc Exp Grant Program-Misc Business Dev $ 44,560 ongoing program for local small businesses 01812242 506014 Misc Exp Signage $ 8,800 incomplete project - replace entrance sign REFUSE FUND 09103938 462101 Contribution From Fund Balance $ 32,861 09425302 503140 Landfill Prof. Service - Engineering $ 32,861 continuing project - corrective action as required TELECOMMUNICATIONS FUND 11103938 462101 Contribution From Fund Balance $ 22,000 11315308 508205 Telecommunications Motor Vehicles/Equipment $ 22,000 Incomplete project - vehicle purchase SEWER FUND 13103938 462101 Contribution From Fund Balance $ 200,000 13550325 508201 Wastewater Plant Machinery & Equipment $ 200,000 incomplete project - generator ELECTRIC FUND 14103938 462101 Contribution From Fund Balance $ 334,128 14563338 503212 Electric Maintenance Uptown Lighting/Decorations $ 3,273 incomplete project - remainder of decorations for Uptown 14563338 508220 Electric Maintenance Substation Maintenance $ 8,440 incomplete project - replacement doors @ electric building 14563338 508223 Electric Maintenance AMI Project - Physical Plant Exp $ 39,415 incomplete project - AMI project 14561336 508220 Electric Generation Physical Plant Expansion $ 33,000 incomplete project - trash rake/gunite repair of dam projects 14563338 508236 Electric Maintenance SCADA System $ 150,000 2nd half of 2-year project for upgrade of SCADA system 14564339 508220 Electric Construction Physical Plant Expansion $ 100,000 multi-year project - 1st part of 5-year plan Page 1 of 3 CAPITAL RESERVE FUND 16103938 462101 Contribution From Fund Balance $ 319,576 16572362 508110 Tools/Equip Street Maintenance $ 15,800 incomplete project - sign machine (emergency replacement) 16575365 508105 Vehicles Public Works $ 39,000 incomplete project - pool car replacements 16576366 508035 Computer Software/Hardware Commissioner of Revenue $ 28,565 incomplete project - new assessment software 16576366 508055 Computer Software/Hardware Information Services $ 61,561 continuation/replacement hardware/implementation of TCM 16577367 508085 Physical Plant Expansion Sheriff - Jail $ 155,850 incomplete project - security upgrade 16577367 508140 Physical Plant Expansion City Hall $ 5,500 Incomplete project - parking lot sealing 16577367 508181 Physical Plant Expansion WPBDC Building $ 13,300 incomplete project - repairs to building CDBG FUND 47103938 462101 Contribution From Fund Balance $ 17,481 47835526 505371 Northside Program Income Acquisition $ 1,918 continuing grant-funded project 47825516 503195 Moss/Barton Program Income Construction $ 1,032 continuing grant-funded project 47826516 503195 RPThomas Program Income Construction $ 4,951 continuing grant-funded project 47827516 503195 Cherry St Program Income Construction $ 9,580 continuing grant-funded project TOTAL CITY FUNDS: $ 2,089,666 SCHOOL FUNDS 18100938 410510 Ops/Contrib from Fund Balance $ 634,794 71001300 561120 High School Instructional S&W $ 14,729 grant funding 71001300 562100 High School Social Security $ 913 grant funding 71001300 562150 High School Medicare $ 214 grant funding 81621310 565503 Harvest - Elementary Travel $ 10,172 grant funding 81631310 565503 Harvest - Secondary Travel $ 10,171 grant funding 81021310 566020 Elementary Instr Support Staff Textbooks & Workbooks $ 53,078 Unexpended State & LRM 81031310 566020 Secondary Instr Support Staff Textbooks & Workbooks $ 53,078 Unexpended State & LRM 11001100 561120 AH Regular Instruction Instructional S&W $ 134,728 Used to balance FY18 budget already 80003250 568100 Vehicle Ops - Division-wide Capital Outlay - Replacement $ 159,669 bus replacement program 61001100 561620 MSS Classroom Instruction Supplemental S & W $ 14,000 AVID programming 61001100 562100 MSS Classroom Instruction Social Security $ 868 AVID programming 61001100 562150 MSS Classroom Instruction Medicare $ 203 AVID programming 61001100 562700 MSS Classroom Instruction Worker's Compensation $ 39 AVID programming 71001100 561620 HS Classroom Instruction Supplemental S & W $ 22,000 AVID programming 71001100 562100 HS Classroom Instruction Social Security $ 1,364 AVID programming 71001100 562150 HS Classroom Instruction Medicare $ 319 AVID programming 40004200 561180 PH Building Services Laborer S & W $ 5,483 Custodian - part-time to full-time 40004200 562100 PH Building Services Social Security $ 340 Custodian - part-time to full-time 40004200 562150 PH Building Services Medicare $ 80 Custodian - part-time to full-time 40004200 562215 PH Building Services Retirement Payments $ 5,215 Custodian - part-time to full-time 40004200 562300 PH Building Services Group Medical Insurance $ 5,087 Custodian - part-time to full-time 40004200 562400 PH Building Services State Life Insurance $ 247 Custodian - part-time to full-time 40004200 562520 PH Building Services Long-term Disability Insurance $ 35 Custodian - part-time to full-time 40004200 562700 PH Building Services Worker's Compensation $ 139 Custodian - part-time to full-time 72201100 563000 HS Alternative Ed Purchased Services $ 12,000 Alternative Ed counseling 10004200 565110 AH Building Electical Services $ 5,000 Utilites adjustment 20004200 565110 CV Building Electical Services $ 2,500 Utilites adjustment 70004200 565110 HS Building Electical Services $ 12,500 Utilites adjustment Page 2 of 3 11001100 561120 AH Regular Classroom Instruction Instructional S&W $ 42,888 Kindergarten Teacher & a Paraprofessional 11001100 561151 AH Regular Classroom Instruction Instructional Aides S & W $ 16,071 Kindergarten Teacher & a Paraprofessional 11001100 562100 AH Regular Classroom Instruction Social Security $ 3,655 Kindergarten Teacher & a Paraprofessional 11001100 562150 AH Regular Classroom Instruction Medicare $ 855 Kindergarten Teacher & a Paraprofessional 11001100 562220 AH Regular Classroom Instruction Retirement Payments $ 9,622 Kindergarten Teacher & a Paraprofessional 11001100 562300 AH Regular Classroom Instruction Group Medical Insurance $ 10,173 Kindergarten Teacher & a Paraprofessional 11001100 562400 AH Regular Classroom Instruction State Life Insurance $ 773 Kindergarten Teacher & a Paraprofessional 11001100 562521 AH Regular Classroom Instruction Comparable VLDP Prof Rate $ 183 Kindergarten Teacher & a Paraprofessional 11001100 562700 AH Regular Classroom Instruction Worker's Compensation $ 165 Kindergarten Teacher & a Paraprofessional 11001100 562750 AH Regular Classroom Instruction RHCC $ 725 Kindergarten Teacher & a Paraprofessional 41001100 561151 PH Classroom Instruction Instructional Aides S & W $ 16,071 Kindergarten Paraprofessional 41001100 562100 PH Classroom Instruction Social Security $ 997 Kindergarten Paraprofessional 41001100 562150 PH Classroom Instruction Medicare $ 233 Kindergarten Paraprofessional 41001100 562220 PH Classroom Instruction Retirement Payments $ 2,623 Kindergarten Paraprofessional 41001100 562300 PH Classroom Instruction Group Medical Insurance $ 5,086 Kindergarten Paraprofessional 41001100 562400 PH Classroom Instruction State Life Insurance $ 210 Kindergarten Paraprofessional 41001100 562521 PH Classroom Instruction Comparable VLDP Prof Rate $ 50 Kindergarten Paraprofessional 41001100 562700 PH Classroom Instruction Worker's Compensation $ 45 Kindergarten Paraprofessional 41001100 562750 PH Classroom Instruction RHCC $ 198 Kindergarten Paraprofessional TOTAL SCHOOL FUNDS: $ 634,794 TOTAL RE-APPROPRIATIONS FROM FY17 TO FY18 $ 2,724,460 Page 3 of 3

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