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City Council

Regular Meeting

Martinsville, VA · January 9, 2018

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Minutes

January 9, 2018 The regular meeting of the Council of the City of Martinsville, Virginia was held on January 9, 2018 in Council Chambers, Municipal Building, at 7:30 PM with Mayor Gene Teague presiding. Council Members present included Gene Teague, Chad Martin, Kathy Lawson, Sharon Hodge and Jennifer Bowles. Staff present included City Manager Leon Towarnicki, Assistant City Manager Wayne Knox, City Attorney Eric Monday, and Finance Director Linda Conover. 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 5-0 recorded vote: Council Member Lawson, aye; Council Member Bowles, aye; Mayor Teague, aye; Council Member Hodge, 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, (B) Discussion of the award of a public contract involving the expenditure of public funds, including interview of bidders or offerors, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body as authorized by Subsection 29, 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. Coming out of Closed Session at 7:30pm, Mayor Teague explained that due to remaining Closed Session business Council would recess Closed Session and return when the Council meeting was complete. Council Member Lawson made a motion to reappoint Karen Garrett to the Anchor Group Home Commission for an expiring 4-year term ending December 31, 2021. Vice Mayor Martin seconded the motion with all Council Members voting in favor. Vice Mayor Martin made a motion to appoint Carol Kendrick to the Anchor Group Home Commission for an unexpired 4-year term ending December 31, 2018. Council Member Lawson seconded the motion with all Council Members voting in favor. Council Member Bowles made a motion to reappoint Mike Law to the Transportation Safety Commission for an expiring 4-year term ending December 31, 2021. Council Member Hodge seconded the motion with all Council Members voting in favor. Council Member Hodge made a motion to reappoint John “Tripp” Smith to the Transportation Safety Commission for an expiring 4-year term ending December 31, 2021. Council Member Bowles seconded the motion with all Council Members voting in favor. A motion was made by Council Member Lawson to authorize the City Manager to execute the Tobacco Region Opportunity Fund performance agreement. The motion was seconded by Council Member Hodge and voted for by all Council Members. Mayor Teague January 9, 2018 read the following media release. Mr. Jordan Butler, Public Relations Coordinator from the Tobacco Commission then made comments following the presentation of a ceremonial check for $120,000 to Karen Garrett and Dr. Deepak Banerjee of Stateline Heart and Vascular. Garrett and Banerjee then make remarks. Following the Pledge to the American Flag and invocation by Council Member Bowles, Mayor Teague welcomed everyone to the meeting. Consider approval of minutes of the December 12, 2017 Council Meeting - Council Member Bowles made a motion to approve minutes as presented; Council Member Lawson seconded the motion with all Council Members voting in favor. 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 – Three names were mentioned of residents interested in being considered for the vacancy: James Hyler of 211 Oakdale Street, Sammy Redd of 303 Oakdale Street and Efigenia Mota. Hear an update on the Dick and Willie Trail extension from Spruce Street to Smith River Sports Complex – City Manager Towarnicki presented a map of the proposed trail location, pointing out specific areas. Towarnicki explained the trail development was allowed by right through the zoning ordinance. The City had very limited involvement in the planning of the trail or the location. Public Works Director Chris Morris detailed the prior trail planning schedule and approvals between Henry County, VDOT and the Harvest Foundation. Morris explained details about the proposed trailhead and explained there are City properties involved but this is a County project. Towarnicki acknowledged resident concerns about the proximity of the trail to the rear of their home. The County has acquired the property and funding is in place to move forward with the project. The County is willing to look at options to ensure homeowner privacy with landscaping to mitigate resident concerns. Council options are January 9, 2018 limited beyond expressing concerns and at this time, there seems to be few options for relocating the trail. Council Member Hodge said she specifically asked at a previous tour about the trail extension and was told that there were no concerns. She felt that staff and Council should have been more involved and more proactive in resolving resident concerns before it is too late to correct it. Hodge asked Council to consider rewording the zoning ordinance or requiring a special use permit to prevent this from happening again. Mayor Teague opened the floor for discussion and specified rules for anyone wishing to voice concerns at the podium. Mark Hardison, 1303 Country Club Drive pointed out his home on the map. Hardison said this project needs to be looked at from a personal perspective, not as a City or County project. He says the lack of communication between the County and City shows a complete lack of respect for the residents. He supports the trail but not in his backyard. Giles Smith, 1101 Country Club Drive asked how this project got so far before residents knew about it. As a local business, he had to meet qualifications, paperwork, public hearings, inspections, etc. to meet approval for a business that only affected one property while the trail project affects more than twenty-five residences. He feels that the trail project should have been required to follow those same procedures to protect property owner interests. Janine Jacob, 915 Hunting Ridge Road supports the trail and community development. She expressed concerns about Henry County’s transparency and said the County should have communicated with Council and the City residents before proceeding further with the project. Jacob detailed issues with previous road construction in her neighborhood and the concerns related to speed that it created. Ural Harris, 217 Stuart Street is concerned that the County has bought land in the City twice and says that it is wrong that they are allowed to proceed with a project without appropriate notification of Council and residents. Robert Williams, 1017 Country Club Drive agrees with what others have said and said the only reason he knew about the project is because he came home to people walking through his yard and when questioned they told him about the survey. Crystal Caldwell, 1303 Country Club Drive knows that some property is still available for the opportunity to relocate the trail and feels that the County is “pinching pennies”. Most everyone in the community supports the trail and look forward to the project but the proposed trail needs to be relocated. James Spivey, 1003 Country Club Drive also supports the trail project and the previous speaker concerns. He says the issues with the trail have him reconsidering his retirement in Martinsville. Mayor Teague confirmed that Council and the residents should have known about the trail project. His home will be a little further from the proposed trail than other residents so January 9, 2018 he would not be affected as much. Vice Mayor Martin asked if there is any way the County would pay for fencing or landscaping and asked City Attorney Monday if there was anything Council could do to stop the project. Teague confirmed that the County has pledged to work with residents by installing privacy screening or fencing of some type. Crystal Caldwell says she has met with the County and they are willing to provide fencing but she feels they are still trying to cut corners on cost. She feels that the County is closer to meeting resident needs then when this project was first brought to light. City Manager Towarnicki said there are several places already on the existing trail that use leyland cypress trees for privacy purposes. Council Member Hodge and Council Member Lawson would like to see something in writing with the County to ensure the landscaping is completed to the satisfaction of the property owners. Giles Smith said residents are looking at Council to represent them and they are not totally in support of using trees for screening that could take years to grow. City Attorney Monday explained there is not a great deal that Council can do to stop the County trail project. Once the parcel was purchased, they are able to put the route in however they wish by right and even if the zoning ordinance were changed at this time, it would be too late to change the County’s plan. If the County purchases property and does not tell Council then Council has no way of knowing until the deed is recorded. Monday explained that the City could still use the proposed Spruce Street trailhead as leverage. The County wants an approved easement on property owned by the City to provide a trailhead for bathrooms and parking but the City does not have to approve the easement until the County comes to an agreement with residents. Caldwell and Council Member Lawson questioned the potential pedestrian bridge, Towarnicki explained that he had not seen those plans yet and was unclear if that part of the project was planned completely at this time. Council Member Bowles said one of the most important values of Council is transparency and open communication and says she is disgusted with the lack of communication and notification from the County. She looks forward to working with the County to see what can be done to make this right for the residents affected by the proposed trail location. Council Member Hodge suggested holding the trailhead easement “hostage” until the County adjusts the trail location. City Manager Towarnicki offered to draft a letter to the county expressing resident and Council concerns and suggestions from tonight’s meeting. Council discussed the need to prevent this situation from happening again, potentially by rewording the zoning ordinance or mandating a special use permit for these type projects. Hear an update on FY18 Telecommunications operations – rescheduled for January 23 Council meeting Business from the Floor – Ural Harris, 218 Stuart Street asked about the County’s payment on the sewer project and said they have not heard back on Mr. Boaz responsibility for the New College funds. City Attorney Monday stated on December 15, 2017 he diposed Mr. January 9, 2018 Boaz and is in the process of reviewing documents but cannot release those documents at this time since it is an ongoing investigation. When the investigation is concluded, he will make his recommendation to Council about the suggested course of action. Monday explained that legal matters like this take time. Wayne Knox summarized the Citizen’s Academy training and invited the public to participate. Patrick Wright, Spruce Street Extension expressed concern about the freight elevator at the apartments that he lives in and feels that it is a safety concern when not working. Comments by members of City Council – Council Member Bowles shared new initiatives through the New Heights Foundation for local teachers and youth. Vice Mayor Martin spoke of the Martin Luther King holiday and events around the community. Comments by City Manager – City Manager Towarnicki explained that staff continues to work on the Strategic Plan along with help from HD Web Studios to make it more user friendly on the City website. The Municipal building will be closed for upcoming holidays. Comments by City Attorney – City Attorney Monday explained that upon returning to Closed Session and under the second item regarding potential contract negotiations, Council Member Hodge has a personal interest and has executed the required disclosure in Code of Virginia 2.2-3115F. Hodge will not be participating in that portion of closed session or in any voting or decisions related to that topic. 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 Bowles; seconded by Council Member Lawson, with the following 5-0 recorded vote in favor to return to Open Session: Council Member Bowles, aye; Mayor Teague, aye; Council Member Hodge, aye; Vice Mayor Martin, aye; and Council Member Lawson, aye. No further action was taken from Closed Session. There being no further business, Council Member Lawson made a motion to adjourn the meeting; the motion was seconded by Vice Mayor Martin with all Council Members voting in favor. The meeting adjourned at 9:50pm. ______________________________________ ______________________________________ Karen Roberts Gene Teague Clerk of Council Mayor

Agenda

AGENDA--CITY COUNCIL -- CITY OF MARTINSVILLE, VIRGINIA Council Chambers – Municipal Building 7:00 pm Closed Session 7:30 pm Regular Session Tuesday, January 9, 2018 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. Discussion of the award of a public contract involving the expenditure of public funds, including interview of bidders or offerors, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body as authorized by Subsection 29. 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 Pledge to the American Flag and Invocation by Council Member Bowles 1. Consider approval of minutes of the December 12, 2017 Council Meeting. (2 mins) 2. 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) 3. Hear an update on the Dick & Willie Trail extension from Spruce Street to Smith River Sports Complex. (10 mins) 4. Hear an update on FY18 Telecommunications operations. (10 mins) 5. Business from the Floor This section of the Council meeting provides citizens the opportunity to discuss matters, which are not listed on the printed agenda. Thus, any person wishing to bring a matter to Council’s attention under this Section of the agenda should: (1) come to the podium and state name and address; (2) state the matter that they wish to discuss and what action they would like for Council to take; (3) limit remarks to five minutes; (4) refrain from making any personal references or accusations of a factually false and/or malicious nature. Persons who violate these guidelines will be ruled out of order by the presiding officer and will be asked to leave the podium. Persons who refuse to comply with the direction of the presiding officer may be removed from the chambers. 6. Comments by members of City Council. (5 minutes) 7. Comments by City Manager. (5 minutes) City Council Agenda Summary Meeting Date: January 9, 2018 Item No: 1. Department: Clerk of Council Issue: Consider approval of minutes from the December 12, 2017 Council Meeting Summary: None Attachments: December 12, 2017 Council Meeting minutes Recommendations: Motion to approve minutes as presented. December 12, 2017 The regular meeting of the Council of the City of Martinsville, Virginia was held on December 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, 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, and Officer Chad Rhodes. 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) 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. Per Mayor Teague, Council will recess Closed Session and will reconvene after the public session is complete. Following the Pledge to the American Flag and invocation by Vice Mayor Martin, Mayor Teague welcomed everyone to the meeting. Hear a report from Robinson Farmer Cox Associates on the City’s FY17 audit –A RFC Associate representative stated that the FY17 was a clean audit for the City and received the highest level of assurance offered in his profession. No deficiencies and no instances of noncompliance were reported. He commended City management for their cooperation. Mayor Teague shared that the audit results would be available on the City website for review. Council Member Hodge said she appreciates the auditors taking the time to answer their questions. Consider approval of minutes of the November 28, 2017 Council Meeting – Council Member Bowles made a motion to approve minutes as presented; Council Member Lawson seconded the motion with all Council Members voting in favor. Conduct a public hearing on the request from Refuge Temple Holiness Church for rezoning of 205 Clearview Drive – Assistant City Manager Wayne Knox summarized the Planning Commission decisions and recommendations. The pastor confirmed that the new LED sign would not obstruct the view of traffic. Knox said the church applied for a variance but the BZA denied the request stating they would need to be under a different zoning classification. Mayor Teague opened the public hearing. Kathy Lawson spoke as a resident and commended the church for what they have done for the community and for the youth. Lawson said she would love to see the zoning change approved since it would be an asset to December 12, 2017 the neighborhood. No one else approached the podium. Mayor Teague closed the public hearing. Council asked for confirmation regarding potential zoning issues and the correct zoning classification to be considered. Council recessed this topic providing Knox the opportunity to get them the correct zoning classification for the motion. Hear information regarding temporary appointment to the position of Commonwealth’s Attorney and a special election – City Attorney Monday explained that Clay Gravely had resigned the position due to health concerns and his assistant Andy Hall would fill the position of Commonwealth’s Attorney until the special election in 2018. Monday clarified the code related to the temporary appointment. Council Member Lawson made a motion to direct City Attorney Monday to file petitions for the temporary appointment; Vice Mayor Martin seconded the motion with all Council Members voting in favor. Consider setting a public hearing for Council’s January 9, 2018 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 Attorney Monday explained that since Andy Hall was appointed to the Commonwealth’s Attorney vacancy, he would be required to vacate his seat on the School Board. Anyone wishing to be considered for the School Board does not need to be present for the next Council meeting but their name will need to be mentioned at the January 9, 2018 Council meeting to be considered for the vacancy. Council Member Lawson made a motion to set the public hearing for January 9, 2018; Council Member Bowles seconded the motion with all Council Members voting in favor. Council returned to Item 2 regarding the rezoning request for 205 Clearview Drive. Knox explained that by rezoning to CC, the church would be allowed to obtain a sign up to 70 square feet. By rezoning to CN Neighborhood Commercial, the church would be required to purchase a smaller sign. Council Member Lawson made a motion to grant the zoning change to CC and amend the land use map accordingly; Council Member Bowles seconded the motion with Council Members voting in favor 5-0. Consider approval of the Subdivision Ordinance on second reading – Assistant City Manager Knox said Community Development had received no additional comments or objections since the previous Council meeting. Residents and Council previously had questions regarding subdivision variances so Knox presented Council with an average fee schedule from other jurisdictions and stated that most of the cost of a variance is the cost of advertisement. City Manager Towarnicki confirmed that the fee schedule is not part of the ordinance. Council Member Lawson made a motion to approve the Subdivision Ordinance on second reading; Council Member Bowles seconded the motion with the following roll call vote: Vice Mayor Martin, aye; Council Member Bowles, aye; Council Member Hodge, aye; Council Member Lawson, aye; and Mayor Teague, aye. Council Member Hodge made a motion to December 12, 2017 adopt the proposed fee schedule with the ability to waive the variance in cases of hardship; Council Member Lawson seconded the motion with all Council Members voting in favor. December 12, 2017 Hear an update on status of several issues along Aaron Street - Assistant City Manager Knox explained that the police department followed up immediately with the residents on the cars parked on Roanoke Street. Follow up will be made with the owner of the property to fence or shield the property according to ordinance. Phase 1 is complete on the Site 1 location, phase 2 is in the works. The present owner is willing to deed the property to the City because of the cost of clean-up. Site 2 is waiting on written permission however, Public Works has already knocked the wall down to prevent injuries. Electric and water has been reconnected and a notice has been sent to the owners that the property will need to be fenced. City Attorney Monday explained that if permission is not received soon then the owners would be required to handle that at their cost. Knox explained that the residents are feeling better because they are seeing progress. Consider approval of Consent Agenda - Council Member Bowles made a motion to approve the consent agenda as presented; Council Member Lawson seconded the motion with all Council Members voting in favor. December 12, 2017 Business from the Floor – Patrick Wright, Spruce Village hopes everyone has a Merry Christmas. Ural Harris, 217 Stuart Street has spoken to residents and requested that Council stop focusing on what the VML is doing, Council needs to do what is best for Martinsville. Council needs to explore ways to get out of the AMP Ohio Contract. Harris requested that Council add the City reversion study back to the website. Residents want to know what questions were asked of Dr. Boaz, his answers and when he will appear before Council. Harris said the City should answer FOIA requests in a timely manner, stating that he has not heard back from a request submitted November 21, 2017. Comments by members of City Council – Council Member Lawson thanked Piedmont Arts for their sponsorship and said this year’s show was by far their best. She attended the New Heights Foundation dinner and expressed sincere appreciation to Council Member Bowles for the amazing outreach they have done in the community. Lawson extended appreciation to Clay Gravely and prayers for his health. Council Member Bowles offered prayers to Clay Gravely and thanked Council Member Lawson for her attendance at the New Heights fundraiser. Bowles congratulated the Martinsville Middle School Robotics team and thanked the Martinsville Rotary for sponsoring area youth. Bowles wished residents a Merry Christmas and encouraged them to shop local. Vice Mayor Martin offered prayers to Clay Gravely and to Andy Hall for his new responsibilities. The winter warming shelter is open at the Salvation Army and in need of volunteers. Martin shared that Richard’s Dinner is a great event to attend and volunteer for. Mayor Teague also offered prayers for Gravely and his family. Teague thanked the power crews for their fast response getting the electricity back on during the snow last week. Teague explained that a resolution to communicate power outages and share expected time frames to have outages restored is being discussed. Teague will be in December 12, 2017 Charlottesville for a VML executive committee meeting to work for the community and advocacy of local government needs. Comments by City Manager – City Manager Towarnicki said the City continues to work on the emergency call-in system. They are working to get a recording added to the system, which would include a status update. Towarnicki and Vice Mayor Martin attended a meeting at the Transit office and obtained good information about a Danville-to-Martinsville transit opportunity. An assessment study will determine the need. Towarnicki attended a Virginia First Cities meeting and feels encouraged knowing that some of the topics discussed by other communities are already being implemented in Martinsville. Congratulations to the Carlisle Soccer team. The City Municipal building will be closed a half day on Friday as well as Monday and Tuesday for Christmas. The Municipal building will also be closed New Year’s day and on January 2. The next Council meeting will be January 9, 2018 Council Members 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 the following 5-0 recorded vote in favor to return to Open Session: Council Member Bowles, aye; Mayor Teague, aye; Vice Mayor Martin, aye; Council Member Hodge, aye; and Council Member Lawson, aye. Council Member Bowles made a motion to reappoint Felecia Watkins to the Comprehensive Services Act Community Policy and Management Team for an expiring 2-year term ending December 31, 2019. Council Member Hodge seconded the motion with all Council Members voting in favor. Council Member Lawson made a motion to reappoint Doug Sharpe to the Transportation Safety Commission for an expiring 4-year term ending December 31, 2021. Vice Mayor Martin seconded the motion with all Council Members voting in favor. Council Member Hodge made a motion to appoint Diane Hubener to the Blue Ridge Regional Library Governing Board for an unexpired 4-year term ending June 30, 2021. Vice Mayor Martin seconded the motion 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 Vice Mayor Martin with all Council Members voting in favor. The meeting adjourned at 10:00pm. ______________________________________ ______________________________________ Karen Roberts Gene Teague Clerk of Council Mayor City Council Agenda Summary Date: January 9, 2018 Item No: 2. 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. 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 After receiving names of interested candidates at the January 9 meeting, it is suggested that interviews be scheduled before and/or after Council’s January 23, 2018 meeting, with the new appointee being announced upon conclusion of the interview process. Attachments: Current Martinsville School Board members Recommended Action: Conduct public hearing. City Council Agenda Summary Date: January 9, 2018 Item No: 3. Department: City Manager Issue: Hear an update on the Dick & Willie Trail extension from Spruce Street to Smith River Sports Complex. Summary: Information will be provided at the meeting regarding plans to extend the Dick & Willie Trail from Spruce Street to Smith River Sports Complex. Attachments: None. Additional information will be presented at the meeting. Recommendations: Presented for information purposes. No Council action needed. City Council Agenda Summary Date: January 9, 2018 Item No: 4. Department: Telecommunications Issue: Hear an update on FY18 Telecommunications operations. Summary: Telecommunications Director Mike Scaffidi will present an update at the January 9 Council meeting regarding the FY18 Telecommunications budget and the status of projects. Attachments: None. Additional information will be presented at the meeting. Recommendations: Presented for information purposes. No Council action needed.

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