City Council

AGENDA--CITY COUNCIL -- CITY OF MARTINSVILLE, VIRGINIA Council Chambers – Municipal Building 7:00 pm Closed Session 7:30 pm Regular Session Tuesday, December 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 Pledge to the American Flag and Invocation by Vice Mayor Martin 1. Consider approval of minutes of the November 28, 2017 Council Meeting. (2 mins) 2. Conduct a public hearing on the request from Refuge Temple Holiness Church for rezoning of 205 Clearview Drive. (20 mins) 3. Consider approval of the Subdivision Ordinance on second reading. (10 mins) 4. Hear a report from Robinson Farmer Cox Associates on the City’s FY17 audit. (20 mins) 5. Hear an update on status of several issues along Aaron Street. (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)  City Council Agenda Summary Meeting Date: December 12, 2017 Item No: 1. Department: Clerk of Council Issue: Consider approval of minutes from the November 28, 2017 Council Meeting Summary: None Attachments: November 28, 2017 Council Meeting minutes Recommendations: Motion to approve minutes as presented. November 28, 2017 The regular meeting of the Council of the City of Martinsville, Virginia was held on November 28, 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, Clerk of Council Karen Roberts, Finance Director Linda Conover, Water Resources Director Andy Lash, Electric Department Director Durwin Joyce, and Lt. Doug Graham. 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 Hodge, with the following 5-0 recorded vote: Council Member Lawson, aye; Council Member Hodge, aye; Council Member Bowles, aye; Mayor Teague, aye and Vice Mayor Martin, aye, 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 Council Member Bowles, seconded by Council Member Lawson, with the following 4-0 recorded vote in favor to return to Open Session: Council Member Bowles, aye; Mayor Teague, aye; Council Member Hodge, aye; and Council Member Lawson, aye. Vice Mayor Martin returned to the meeting after the vote was completed. Following the Pledge to the American Flag and invocation by Mayor Teague, Teague welcomed everyone to the meeting. Consider approval of minutes of the November 14, 2017 Council Meeting – Council Member Hodge made a motion to approve minutes as presented; Council Member Bowles seconded the motion with all Council Members voting in favor. Recognize City Employees who are eligible for Service Awards October 1-Decmeber 31, 2017 – City Manager Towarnicki recognized employees for their years of service and thanked them for their years of commitment to the City. November 28, 2017 Recognize Marine Corp veteran Walter E. Sheppard as recipient of the 2017 Henry County-Martinsville Outstanding Military Veteran and Army veteran William Jerry Perdue as Veteran of the Year – Mayor Teague welcomed Mr. Sheppard and Mr. Perdue to the meeting and shared information about their years in the service. Sheppard thanked Council and appreciates the fact that Martinsville and Henry County could come together for the award. Perdue thanked Council and said the recognition is truly rewarding. Consider setting a public hearing on the request from The Refuge Temple Holiness Church for a rezoning of 205 Clearview Drive – Wayne Knox summarized the rezoning request. He shared the Planning Commission’s recommendation, asking that the public hearing be scheduled for the next Council meeting. Council Member Lawson made a motion to set the public hearing for December 12, 2017; Vice Mayor Martin seconded the motion with all Council voting in favor. November 28, 2017 November 28, 2017 Conduct a public hearing jointly with the Martinsville Planning Commission on the Subdivision Ordinance update and consider approval of the ordinance on first reading - Planning Commission Chairman Martin opened the Planning Commission session. Wayne Knox summarized the discussion and recommendation made by the Planning Commission regarding the Subdivision ordinance. A representative from Cox and Associates shared a PowerPoint of information regarding the subdivision ordinance. Mayor Teague opened the public hearing. Chairman Martin opened the public hearing for the Planning Commission as well. Ural Harris, 217 Stewart Street stated that there was a variance fee previously mentioned for the subdivision variance and asked that Council impose a fee equal or slightly greater than for the zoning variance. Council discussed options relating to the fee. Mayor Teague and Chairman Martin closed the public hearing. Council Member Bowles made a motion to approve the ordinance on first reading. Council Member Bowles withdrew her motion after further discussion regarding the ordinance and fee schedule. Council Member Lawson made a motion to approve the ordinance as presented, Council Member Bowles seconded the motion with 5-0 roll call vote: Hodge, aye; Bowles, aye; Lawson, aye; Teague, aye; and Martin, aye. Hodge made a motion to direct staff to come up with a fee schedule; Bowles seconded the motion with all Council Members voting in favor. Hear a report on measurement and verification of the performance contract regarding the recently completed meter and lighting replacement project – City Manager Towarnicki stated that the project has been completed and explained the element of measurement and verification of the performance contract regarding the recently completed meter and lighting replacement project. Representatives from Johnson Controls shared a PowerPoint with a summary of their findings over the past three months. Council Member Hodge questioned the “spread” of the light and if it could be adjusted. Joyce explained that he is getting many more favorable comments than complaints and acknowledges that the new LED lights are not casting as much light onto private property as before. Mayor Teague suggested additional discussion on the properties in question and investigate other lighting options for those areas. Teague requested more data and analytics with the next update. November 28, 2017 November 28, 2017 Consider adoption of the 2018 Legislative Agenda – City Attorney Monday explained there were no significant alterations since the last meeting with the exception of the tax reform act that could be a concern. Council asked staff to express their objection to the change to the tax reform act being considered per Monday’s recommendation. Mayor Teague asked if Council would be interested in including verbiage related to the sales tax for brick-mortar businesses versus online retail. Council Member Hodge suggested that more studies be done. Finance Director Conover confirmed that the local sales tax is being affected by online sales. November 28, 2017 Council asked Monday to include the request for review of the sales tax verbiage. Council Member Bowles made a motion to approve the 2018 Legislative agenda with changes discussed; Council Member Lawson seconded the motion with all Council Members voting in favor. Monday encouraged residents to contact their representatives Bill Stanley or Les Adams with Legislative concerns. Consider information related to the 2018 Comprehensive Economic Development Strategy (CEDS) list – Wayne Knox shared that the CEDS list is down to 29 projects. The Northside project is coming to an end and the medical college was removed. Knox said he’s received a few other suggestions that would affect Wilson Park and the Virginia Museum of Natural History. Council Member Hodge expressed her desire to see all City parks listed for upgrade projects, not select parks and asked Community Development to be proactive. Council Member Lawson made a motion to approve the CEDS list as amended. Council Member Hodge seconded the motion with all Council Members voting in favor. November 28, 2017 Business from the Floor – Frances Trotter, 8 Aaron Street explained that wrecked trucks on Roanoke Street, stray cats, overgrown weeds and recent fires on Aaron Street are causing the area to “go downhill” and she feels that resident concerns are being overlooked by the City. Mayor Teague asked Towarnicki to update Council at the next meeting on what is being done to resolve those issues. Staff will notify the Police Department regarding the untagged vehicles on the street. Ural Harris, 217 Stewart Street expressed concern about the bonds and the impact they will have on the City rates. Harris would like those who voted for the decision to explain why and to apologize. Mayor Teague threatened to rule Mr. Harris out of order unless he followed the guidelines set for Business from the Floor. Council Member Bowles wished Mr. Harris a happy birthday and thanked him for holding Council accountable and for his service in the war and for being an active member of the community. Comments by members of City Council – Council Member Bowles wished her family members a happy birthday and congratulated her intern Sophie for her participation on the Harvest Youth board and for the success of their Thanksgiving meals event. Vice Mayor Martin asked Mr. Harris to not only research concerns but also to put time into providing ideas on how to correct those concerns. Council Member Lawson recognized the Harvest November 28, 2017 Youth Board for an amazing job and service to the community. Lawson reminded residents of Richard’s Dinner on Christmas Day and said they need volunteers and donations to make this year a continued success. Lawson explained that the Christmas Cheer program would serve over 800 families this year. Comments by City Manager – City Manager Towarnicki explained that the paving project is completed and crosswalks are finished. Towarnicki recognized the organizers of the Christmas parade, which was a success. He shared that the 2017 audit has been added to Council’s DropBox and the auditors will be present December 12 for a formal presentation and to answer Council questions. City Attorney Monday had the opportunity to use the new train service out of Roanoke and encourages citizens to take advantage of that. In his opinion, it is more affordable and relaxing than flying. There being no further business, Council Member Hodge 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 9:40pm. ______________________________________ ______________________________________ Karen Roberts Gene Teague Clerk of Council Mayor  City Council Agenda Summary Meeting Date: December 12, 2017 Item No: 2. Department: Community Development Issue: Conduct a public hearing on the request from Refuge Temple Holiness Church for rezoning of 205 Clearview Drive. Summary: The Martinsville Planning Commission conducted a duly advertised public hearing on November 16, 2017, to consider the request for rezoning by Refuge Temple Holiness Church, 205 Clearview Drive, from R – N Neighborhood Residential to C – N Neighborhood Commercial. The purpose of the request is to allow installation of an LED sign on the property that is larger than what is currently permitted in the R – N District. At their November 16th meeting, the Planning Commission voted to recommend to Council, approval of the rezoning request. At Council’s November 28th meeting, a brief description of the request was provided and Council voted to set a public hearing on the matter for the December 12, 2017 meeting. Attachments: Planning Commission letter and property sheet Recommendation: Conduct the public hearing and consider approval (roll-call vote) of the rezoning request.  City Council Agenda Summary Meeting Date: December 12, 2017 Item No: 3. Department: Community Development Issue: Consider approval of the Subdivision Ordinance on second reading. Summary: The Planning Commission and its consultant, Cox and Associates, have worked on updating the current Subdivision Ordinance for a number of years. The new Zoning Ordinance was adopted effective August 1, 2017. An update was presented to Council at the October 10, 2017 meeting with the request from the Planning Commission to hold a joint public hearing with Council at the November 28, 2017 meeting, which was done. At the public hearing, no comments were received regarding content of the actual ordinance, although there was discussion regarding a fee schedule related to advertising and variance requests. It was later pointed out that a fee schedule is an administrative matter and not considered as an element of the actual ordinance. Staff was requested to present a recommended fee schedule at Council’s December 12 meeting. Following the final review of the proposed update of the Subdivision Ordinance, a citywide mailing occurred advising all of the property owners within the City (9,000 +), of the public hearing. Telephone calls, emails, and walk–ins occurred once the mailings were received by many interested owners. Their questions concerned what effect the new Subdivision Ordinance would have on their respective properties. Attachments: None Recommendation: Consider approval (roll call vote) of the Subdivision Ordinance update on second reading. Also, consider a recommendation to be presented by staff regarding a proposed fee schedule.  Property Location 205 CLEARVIEW DR Map ID 13 (06 )00 /A Account# 050065020 Vision ID 1036 City of MartinsvMIe Print Date 09-19-2017 12:55:40 CURRENT OWNER RECORD OF 01 DEED BOOKTSALE DATE \Q/UY SALE PRICED T7C REFUGE TEMPLE HOLINESS CHUR REFUGE TEMPLE HOLINESS CHURCH LR170000575 06-27-2017 0 REFUGE TEMPLE HOLINESS CHURCH LR05/00865 11-04-2005 600,000 CHURCH OF GOD TRUSTEES GM05/00016 09-21-2005 0 205 CLEARVIEW DR CHURCH OF GOD TRUSTEES 000/000 01-01-1900 0 MARTINSVILLE VA 24112-170 ASSESSMENT EFFECTIVE 7/1/2017 LEGAL DESCRIPTION PREVIOUS ASSESSMENTS EFFECTIVE JULY 1st OF ASSESSMENT YEAR Description Code Appraised Assessed Year Code Assessed Year Code Assessed Year Code Assessed LOTA, 102755 SF Building 800 472,900 472,900 2017 472,900 2015 499,700 2013 499,700 Land 800 102,800 102,800 BLDG DESCRIPTION 102,800 102,800 102.800 Outbldg 800 0 0 Total 575,700 575,700 CHURCH Total 575,700 Total 602,500 Total 602,500 SUPPLEMENTAL DATA BUILDING SUB-AREA SUMMARY SECTION COST/MARKET VALUATION SUB Description LIVING GROSS EFF AREA UnitC Undeprec Val Base Rate 50.00 n Of Parcels 1 Year Built 1973 Ren 315,657 PlatRef 0500016 Classification 26:Relgious Chur 1ST 1st Floor 7.656 7,656 7,656 41.23 315,657 Net Other Adj 0 Land Acres 2.359 Zoning R-N AYB 1973 LandSF 102,758 Prop Use 22:Church Effective Year Built 1977 Assoc- Parcel District CHURiChurches Condition A Remodel Rating "CONSTRUCTION DETAIL ~ Element Cd Year Remodeled Description Style 22 Church Eyb Dpr Model 94 Functional Obsd Commercial Grade C Economic Obsol AVERAGE Ttl Gross Liv / Lease Area J7.656 7.656 7,656 Stories 1.00 Cost Trend Factor 1 OB - OUTBUILDING & YARD ITEMS(L)/EF-BUILDING EXTRA FEA7URE5JB) Adjustment Foundation Typ 04 C/B Code ; Description Si?e Rate Dep Qu Adj Apprais Val Percent Exterior Wall 1 11 BRICK 0 097 OB-PAVEMENT 42,400 0.50 100 1.00 0.00 21,200 Percent Good 100 Roof Cover m COMPOSITE SHINGLE 14(1 EF-BASEMENT FINISHED 7,656 23.50 100 1.00 1.00 179,900 RCNLD Interior Wall 1 09 271,788 DRY WALL 179 EF-PORCH OPEN 154 0.00 100 1.00 1.00 0 % Good Ovrd Interior Floor 1 01 CAR/VIN 100 1,% EF-DECK 48 0.00 100 1.00 1.00 % Good Ovrd Comment 100 Exterior Cond 04 Very Good Central Heat 01 Misc Imp Ovr Yes Central AC 00 No Misc Imp Ovr Comment Bedrooms Cost to Cure Ovr 0 Total Rooms 0 Cost to Cure Ovr Comm. Full Baths 0 Half Baths 0 Chimneys 0 Fireplaces 0 Sketch Factor Basement Type 10 Living Area 7656 FULL 1ST PROPERTY FXCTolf$- (7,656 sf) PUBWATE UG UTILITI TOPO SIDEWALK Y PUB SEWE CURB & GU SOIL SEPTIC VIEW LOCATION T  Martinsville A CITY W I T H O U T L I M I T S November 16, 2017 Mayor Gene league Members of City Council City of Martinsville 55 West Church Street Martinsville, VA 24114 Re: Rezoning of 205 Clearview Drive Dear Mayor and City Council Members: The Planning Commission, at its meeting on Thursday, November 16, 2017, conducted a duly advertised public hearing to consider the request for a rezoning of 205 Clearview Drive, from R-N Neighborhood Residential to C-N Neighborhood Commercial, by The Refuge Temple Holiness Church. At the meeting it was noted that the purpose of the request for rezoning is because the applicant wishes to install a LED sign on its property that is larger than what is permitted in the R-N District. According to the Comprehensive Plan, Clearview Drive in designated both commercial and residential. No one from the public spoke at the public hearing. Following evidence heard at the public hearing, the Planning Commission voted unanimously (6-0) to send the request to City Council with a recommendation to rezone the parcel and amend the Official Zoning Map. Regards, Joseph Martin Chair, Planning Commission /wk 55 West Church Street P.O. Box 1112 Martinsville, VA 24114-1112  City Council Agenda Summary Date: December 12, 2017 Item No: 4. Department: Finance Issue: Hear a report from Robinson Farmer Cox Associates on the City’s FY17 audit. Summary: Representatives from RFC Associates will be here to review the City’s FY17 audit. Attachments: None Recommendations: This is being presented for information purposes. No action by Council is needed.  City Council Agenda Summary Meeting Date: December 12, 2017 Item No: 5. Department: Community Development Issue: Hear an update on status of several issues along Aaron Street. Summary: At Council’s November 28, 2017 meeting, during business from the floor a resident of Aaron Street discussed concerns regarding the two burned warehouse sites and also the appearance of the Aaron and Roanoke Street areas due to the parking of inoperable vehicles and trucks in the area. It was noted that City school buses cannot travel the streets due to excessive parking, resulting in children walking to end of the neighborhood to catch the bus. Staff will present information at Council’s December 12 meeting regarding these issues. Attachments: None Recommendations: This is for informational purposes only. No action is required of Council.  City Council Agenda Summary Meeting Date: December 12, 2017 Item No: 6. Department: Finance Issue: Appropriation Approval Summary: The attachment amends FY18 Budgets with appropriations in the following funds: General: $ 6,078 – Grants, Donations Capital Reserve: $ 40,793 – Insurance Payment, Reimbursement Attachments: Consent Agenda 12-12-17 Recommendations: Approve  BUDGET ADDITIONS FOR 12/12/17 ORG OBJECT DESCRIPTION DEBIT CREDIT FY18 General Fund: 01100909 490801 Recovered Costs - Senior Services 1,103 01714212 501300 Senior Services - Part-time Wages 874 01714212 502100 Senior Services - Social Security 54 01714212 502110 Senior Services - Medicare 13 01714212 506049 Senior Services - Vehicle Fuels 162 Transportation Grant - July & August 01100908 480420 Miscellaneous Revenue - Donations/Sr. Services 175 01714212 506016 Senior Services - Program Supplies 175 Donation for golf tournament & holiday tea 01100908 482901 Miscellaneous Revenue 2,400 01101918 443110 State Grant - Library of Virginia 2,400 01216076 506104 Circuit Court Clerk - Non-capital Equipment 4,800 For purchase of archival shelving Total General Fund: 6,078 6,078 Capital Reserve Fund: 16100909 490104 Advance/Recovered Costs 16,000 16575365 508110 Vehicles - Street Maintenance 16,000 Insurance payment for damaged vehicle 16101917 416520 State - Categorical - Jail Construction Reimbursement 24,793 16577367 508085 Physical Plant Exp - Sheriff-Jail 24,793 Partial reimbursement for installation of emergency power for jail Total Capital Reserve Fund: 40,793 40,793