City Council
Regular MeetingMartinsville, VA · February 13, 2018
Minutes
February 13, 2018
The regular meeting of the Council of the City of Martinsville, Virginia was held on
February 13, 2018 in Council Chambers, Municipal Building, at 7:30 PM with Mayor Gene
Teague presiding. Council Members present included Gene Teague, Chad Martin, Sharon
Hodge, Kathy Lawson and Jennifer Bowles. Staff present included City Manager Leon
Towarnicki, Assistant City Manager Wayne Knox, City Attorney Eric Monday, Clerk of Council
Karen Roberts, Finance Director Linda Conover, Commissioner of Revenue Ruth Easley, Public
Works Director Chris Morris, Fleet Manager Lane Shively 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 Hodge, with
the following 5-0 recorded vote: Council Member Lawson, aye; Council Member Bowles, aye;
Mayor Teague, aye; Council Member Hodge, 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 Hodge, 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.
Vice Mayor Martin made a motion to appoint Carol Kendrick to the Arts and Cultural
Committee (Citizen position) for an unexpired 3-year term ending December 31, 2020. The
motion was seconded by Council Member Hodge with all Council Members voting in favor.
Council Member Lawson made a motion to appoint Veraine Randolph to the Anchor
Group Home Commission for an unexpired 4-year term ending December 31, 2018. The
motion was seconded by Council Member Bowles with all Council Members voting in favor.
Following the Pledge to the American Flag and invocation by Vice Mayor Martin, Mayor
Teague welcomed everyone to the meeting.
Consider extending the City’s participation in the I-73 Coalition for an additional 12
months, through the end of 2018 – City Manager Towarnicki welcomed John Stirrup, Co-
Executive Director of the Coalition and partner of Alcalde and Fay Government and Public
Affairs Consultants. Stirrup presented information to Council including how they are raising
awareness of I73, it’s benefits and actions taken on both a federal and state level. Council
Member Hodge explained that she is no longer in support of this project and questioned what
February 13, 2018
the City would get out of it since some information presented tonight was different from what
was shared previously. Stirrup responded to Hodges concerns and explained the Governor
Mcauliffe was not in total support previously where as Governor Northam is. Mayor Teague
asked how representatives in other areas would respond if Martinsville or other locations are
not “on board”. Stirrup explained that it would put doubt in those locations’ confidence in the
project. Council Member Hodge would like to see measurable support which has not been
presented yet. Stirrup gave examples of how the project has progressed in the past three
years. Council Member Lawson made a motion to extend the City’s participation in the
Coalition for an additional 12 months, Vice Mayor Martin seconded the motion with a 4-1 vote:
all Council Members in favor with the exception of Council Member Hodge.
Consider authorizing execution of an easement to Henry County for recreational use of
approximately 0.76 acres located on the south side of Spruce Street adjacent to Mulberry
Creek for the purpose of constructing a trailhead facility for the extension of the Dick and
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Willie Trail – City Manager Towarnicki summarized the steps taken on the Dick and Willie
extension plan and the County’s action to shift the trail’s proposed location in consideration of
City residents. Mayor Teague asked how many in attendance were in favor or opposed to the
proposed location. Council Member Hodge asked how many in support of the trail were City
residents. Vice Mayor Martin asked how many in attendance lived at properties affected by
the City. No motion was made to authorize the execution. Council Member Bowles expressed
her support of the trail and had the opportunity to view the properties directly affected by the
trail extension. Bowles explained that each residents concerns are important. Bowles feels
that the County did not detail the trail thoroughly and that not all affected by the extension
were notified. She explained that the residents do see the advantage of the trail but there is a
large percentage of residents who do not support the project. Council Member Lawson
explained that the County wasn’t completely transparent with the City on their plans for the
trail extension. Lawson is supportive of extending the trail but feels there could be a better
route considered. Lawson questioned who signed the Harvest application. City Manager
Towarnicki said he would check into Lawson’s question. Lawson clarified that she is not
opposed to the trail, she is opposed to the route. Vice Mayor Martin mirrored Lawson and
Bowles comments and stated that the neighborhood meeting opened his eyes to legitimate
concerns. Martin said residents and City Council were not notified of all information
regarding the trail. Council Member Hodge was opposed to the plan since January 9 th and
feels the process was flawed from the beginning. If the EDC, Harvest Foundation and the
County are true partners then they could have met to map out a more appropriate route.
Mayor Teague feels the process was flawed and the County failed to do a proper job contacting
the residents. Teague’s concern is that they are leaving the residents with the thoughts that
the trail project is cancelled. Harvest has already funded the project and the County has
already decided to move forward with the project, the question is how much of the trail will be
built. Council Member Hodge made a motion to send a letter to the Harvest Foundation
requesting they stop the continued investment and halt support the project. Vice Mayor
Martin seconded the motion with all Council Members voting in favor. Council Member Hodge
made a second motion for Council to ask the Planning Commission to revisit the zoning
ordinance regarding how open space projects are handled. Council Member Bowles seconded
the motion with all Council Members voting in favor. Community Development Wayne Knox
confirmed that he has significant information to go forward with the request.
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Hear information from the Town of South Boston regarding the transition from city to
town - City Manager Towarnicki introduced South Boston Town Manager Tom Raab. South
Boston was the first City in Virginia to go through the reversion process in the 1990s.
Towarnicki explained to the media that Mr. Raab was here for informational purposes only
and the discussion of reversion is inevitable during budget months. In 1995, Raab was on the
Planning Commission in South Boston and provided details of the annexation of South Boston
from a City to a Town. County Commissioner of Revenue and County Treasurer will be elected
and there will no longer be a need for those City positions. There is no need for separate
courts, trash collection, voter registration, recreation, etc. Taxes will be paid to both Town and
County. Raab highly recommended taking control over properties on both sides of the Smith
River. Council Member Bowles asked what the biggest setback was resulting from the
reversion. Raab explained that the relationship between the Town and County suffered which
causes making decisions more complicated now. Raab said he would do it again even with the
complications, that reversion was the only choice South Boston had left. Financially it was a
good move for both the County and the Town but the tax rates should have been kept up.
Raab recommended that the Board of Supervisors and Council Members talk and try to keep
the lawyers out of it. Raab said the school consolidation wasn’t a big deal. The process to
revert took approximately four years. South Boston has a 7-member Town Council board.
Residents liked the reduced costs but didn’t like receiving two separate bills. City Manager
Towarnicki explained that one of the issues is the amount of time for the process to be
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completed. Raab recommended that the City keep the same IDA but South Boston works well
with the County IDA as well.
Conduct a public hearing to hear public input regarding a street abandonment of an
alley way, consider abandonment of the alley and conveyance to adjacent property owners –
City Attorney Monday explained that the new owners of the Druid Lanes property have
discovered that the alley was never abandoned, it’s never been used and are requesting that
the city abandon the lot for a cleaner paper map. The alley would be split between property
owners on either side. Mayor Teague opened the public hearing. Commissioner of Revenue
Easley asked for confirmation that the entire alley be abandoned and would there be new
maps drawn to get them back on the tax roll. City Attorney Monday asked that only the
portion that goes through Druid Lanes be modified otherwise the other property owners would
have to pay extra for the additional property and surveys to provide new maps. The public
hearing was closed. Council Member Bowles made a motion to approve the abandonment
Druid Lane’s section of the alley only, Council Member Lawson seconded the motion with all
voting in favor. The public hearing was reopened then closed again with no one approaching
the podium. Council Member Bowles made the motion to convey the alley to the Druid Lane’s
property owners. Council Member Lawson seconded the motion with all Council Members
voting in favor.
February 13, 2018
Consider adoption of a resolution requesting the transfer of unspent VDOT revenue
sharing funds designated for the Uptown paving project to the Commonwealth Boulevard
bridge repair project – City Manager Towarnicki explained that moving the money requires a
resolution. The bridge is estimated to be a $2.3 million project. Council Member Lawson made
a motion to adopt the resolution, Council Member Hodge seconded motion with all Members
voting in favor.
Consider sale of property located at 310 Hairston Street, Martinsville, Virginia – City
Manager Towarnicki said the city bought this property with the understanding that it would
need to be demolished but the City was able to reroute the sewer line. The City has received
another offer and deposit on the purchase of the property. He recommends the property be
sold. Mayor recessed Council and declared the Housing Authority in session. Housing
Authority Member Lawson made a motion to approve the sale of the property; Housing
Authority Member Hodge seconded the motion with all Members voting in favor. Housing
Authority Chairman Teague adjourned the Housing Authority and reconvened as City Council.
Consider approval of Consent Agenda - Council Member Hodge made a motion to
approve the consent agenda as presented; Council Member Bowles seconded the motion with
all Council Members voting in favor.
February 13, 2018
Business from the Floor – Ural Harris, 217 Stuart Street requested that the old
reversion study be replaced on the website. City Manager confirmed that it has been added.
The Chief of Police Cassady detailed the efforts of a Ridgeway Eagle Scout who completed a
drug recycle box project. He placed a drug recycle box in front of the Municipal Building lobby
which would accept all drugs with the exception of liquids and chemotherapy drugs. The
police department will continue with their bi-annual drug take back programs. Wayne Knox
shared details on the upcoming Citizens Academy beginning March 1 and every Thursday
through March. Crystal Caldwell, 1303 Country Club Drive thanked Council for taking all
things into consideration regarding the trail. Bill Moorefield, Spruce St Extension wishes there
were a group in the City that would work with the County officials to make the trail in a
fashion agreeable with everyone. Moorefield wonders if Council viewed both South Boston and
Halifax County budgets before and after to see the actual results and costs.
Comments by members of City Council – Council member Lawson says the local
hospital is on diversion status. Council Member Bowles shared the physical location of City
Council Chambers for those viewing who may not know. Bowles recommends any graduate
attend PHCC for two years before attending a four year college. Vice Mayor Martin thanked
the residents for their persistence in standing up for their beliefs related to the Dick and Willie
Trail.
Comments by City Manager – City Manager Towarnicki explained that the pre-budget
work session emails would go out either the last week of February or first week of March.
February 13, 2018
Towarnicki explained that the boy scouts in the area do local eagle scout projects and in the
local district in 2017, there were 31 projects done with a minimum of 100 project hours
invested. These scouts do great work that doesn’t always get recognized.
City Attorney Monday thanked the Commissioner of Revenue for bringing the issue with
the alleyway to Council’s attention. Council Member Bowles expressed condolences to Officer
Stone in the passing of his father.
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 9:23 pm.
______________________________________ ______________________________________
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, February 13, 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. 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 extending the City’s participation in the I-73 Coalition for an additional 12 months,
through the end of 2018. (15 mins)
2. Consider authorizing execution of an easement to Henry County for recreational use of
approximately 0.76 acres located on the south side of Spruce Street adjacent to Mulberry
Creek for the purpose of constructing a trailhead facility for the extension of the Dick & Willie
Trail. (15 mins)
3. Hear information from the Town of South Boston regarding the transition from city to town.
(20 mins)
4. Conduct a public hearing to hear public input regarding a street abandonment of an alley way,
consider abandonment of the alley and conveyance to adjacent property owners. (10 mins)
5. Consider adoption of a resolution requesting the transfer of unspent VDOT revenue sharing
funds designated for the Uptown paving project to the Commonwealth Boulevard bridge repair
project. (10 mins)
6. Consider sale of property located at 310 Hairston Street, Martinsville, Virginia. (5 mins)
7. Consider approval of consent agenda. (2 mins)
8. Business from the Floor
This section of the Council meeting provides citizens the opportunity to discuss matters, which are not
listed on the printed agenda. Thus, any person wishing to bring a matter to Council’s attention under this
Section of the agenda should:
(1) come to the podium and state name and address;
(2) state the matter that they wish to discuss and what action they would like for Council to take;
(3) limit remarks to five minutes;
(4) refrain from making any personal references or accusations of a factually false and/or malicious nature.
Persons who violate these guidelines will be ruled out of order by the presiding officer and will be asked to
leave the podium.
Persons who refuse to comply with the direction of the presiding officer may be removed from the
chambers.
9. Comments by members of City Council. (5 minutes)
10. Comments by City Manager. (5 minutes)
City Council
Agenda Summary
Meeting Date: February 13, 2018
Item No: 1.
Department: City Manager
Issue: Consider extending the City’s participation in the I-73 Coalition for
an additional 12 months, through the end of 2018.
Summary: The City’s participation in the Interstate 73 Coalition as provided
in the original agreement ended in December, 2016 and in early 2017, Council
extended participation by another year. The Coalition consists of Roanoke City,
Roanoke County, Franklin County, Henry County, and Martinsville.
The Coalition is headed by Co-Executive Directors Rob Catron and John Stirrup
and provides coordinated advocacy of the I-73 project on behalf of Coalition
members. Mr. Stirrup plans on attending this meeting and providing an update
for Council.
Attachment: None
Recommendation: Extend the City’s participation in the Coalition for an
additional 12 months.
City Council
Agenda Summary
Date: February 13, 2018
Item No: 2.
Department: City Manager
Issue: Consider authorizing execution of an easement to Henry County
for recreational use of approximately 0.76 acres located on the south side of
Spruce Street adjacent to Mulberry Creek for the purpose of constructing a
trailhead facility for the extension of the Dick & Willie Trail.
Summary: Henry County has acquired property necessary for the extension of
the Dick & Willie Trail from Spruce Street adjacent to Mulberry Creek to Smith
River Sports Complex. One element of the planned extension includes
construction of a trailhead facility at the Spruce Street end to accommodate
parking and restroom facilities, comparable to the existing facilities serving the
current section of the D & W. The property included in the easement consists of
the grassed excess right of way that remained after Spruce Street was widened and
the alignment shifted in the 1980s. The City currently mows and maintains this
property.
Attachments: Three – a copy of the easement, plat showing property in
question, and a copy of the plan sheet showing the trailhead layout on the
property.
Recommendation: At Council’s January 9 meeting, this item was on the agenda
for information purposes and a number of citizens spoke regarding the proximity
of the proposed trail to the rear of houses along the trail corridor. Council
expressed reluctance in granting the easement for the trailhead unless the
concerns of citizens could be addressed. Since that time, the County has
negotiated an option to acquire additional land that will allow the trail to be shifted
varying distances from the original location, but by an average of approximately
100 feet along Country Club Drive. Additionally, the County has expressed a
desire to work with residents on landscaping to minimize impact and maximize
screening where needed. Given these additional efforts, staff recommends
approving authorization for the City Manager to execute the easement agreement.
THIS DEED IS EXEMPT FROM RECORDATION TAXES PURSUANT TO
SECTIONS 58.1-811(A)(3) AND 58.1-811(C)(4) OF THE CODE OF VIRGINIA OF 1950,
AS AMENDED
DEED OF RECREATIONAL EASEMENT OF RIGHT-OF-WAY FOR
GREENWAY TRAIL TRAILHEAD PARKING AREA AND INGRESS & EGRESS
Tax Map Parcel Number Not Assigned For This Property
The property consists of those portions of abandoned right-of-way and residue parcel created by
the reworking of Spruce Street. The said property being located to the northeast of and lying to
the rear and side of a tier of lots fronting on Dundee Lane and fronting on the Virginia
Department of Transportation’s current right-of-way boundary.
THIS DEED OF RECREATIONAL EASEMENT OF RIGHT-OF-WAY FOR
GREENWAY TRAIL, TRAILHEAD, PARKING AREA FACILITIES, AND INGRESS &
EGRESS (the “Deed”), made and entered into this ______ day of
_________________________, 2018, by and between the CITY OF MARTINSVILLE, an
independent City of the Commonwealth of Virginia, 55 West Church Street, Martinsville,
Virginia 24112, Grantor (together with its successors, successors in title and assigns, the
“Grantor”), and COUNTY OF HENRY, VIRGINIA, a political subdivision of the
Commonwealth of Virginia, P.O. Box 7, Collinsville, Virginia 24078-0007, Grantee (together
with its successors, successors in title and permitted assigns, the “Grantee”).
WITNESSETH
That for and in consideration of the sum of One Dollar ($1.00) cash in hand paid, and
other good and valuable consideration, the receipt of which is hereby acknowledged by Grantor,
Grantor does hereby grant and convey unto Grantee the following described recreational
easement, to-wit:
Nonexclusive greenway trail, trailhead, and parking area facilities easement, together
with ingress and egress thereto (the “Easement”), located in the City of Martinsville, Virginia,
on, over and across certain lands currently owned by Grantor, running approximately 754 feet
(754’) along the southwestern margin of Spruce Street and running approximately 764 feet
(764’) along the northeastern boundary lines of a tier of lots fronting on Dundee Lane (the
“Land”), being comprised of approximately +/-0.758 of an acre on portions of the lands which
Grantor acquired from the Virginia Department of Transportation, by deed dated September 18,
2007, of record in Instrument Number LR0901153 in the Office of the Clerk of the Circuit Court
of the City of Martinsville, Virginia (the “Clerk’s Office”), all as more fully shown on Exhibit
“A” titled “Showing Proposed Easement Area, For Dick & Willie Passage Trail - Phase 6B,”
dated 01/10/18, a copy of which is attached hereto and by this reference made a part hereof and
to which reference is hereby made for a more particular description of the area encompassed by
the easement. The Easement shall be solely for the purposes of constructing, improving,
operating, inspecting, using, monitoring, maintaining, extending, and repairing or replacing a
recreational PUBLIC ACCESS TRAIL, TRAILHEAD, and PARKING AREA FACILITIES (the
“Easement Area”) and to allow for recreational public ingress and egress within the Easement
Area to and from the Trail for walking, jogging, hiking, bicycling, nature studying, and any other
recreational activities reasonably associated with walking or bicycling by the general public.
The Easement Area is granted upon and is subject to the laws and ordinances of the City of
Martinsville and County of Henry and the following terms and conditions:
a. This Deed shall run with the Land and be binding upon and inure to the benefit of
Grantor and Grantee and their respective successors, successors in title and assigns for a period
of twenty-five (25) years and, provided no default exists under this Deed, and except for
Grantor’s approval and termination rights described below, Grantee shall have the options (the
“Renewal Options”) to renew the term of the Easements for three (3) successive terms of twenty-
five (25) years each (the “Renewal Terms”). Renewal shall occur automatically at the end of any
given lease term unless: Either party gives notice to the other party of intent to cancel, said notice
being given at least 12 months, but not more than 18 months prior to the expiration of lease term.
(The initial twenty-five (25)-year term of the Easement and the Renewal Terms, if any, are
hereinafter collectively referred to as the “term of the Easement.”)
b. In the event Grantee does not complete the construction in the Easement Area of
the Trail, Trailhead, Parking Area, which shall be a paved parking area suitable for vehicular
parking, and Facilities for the use and enjoyment of the general public while using the trail,
within five (5) years of the execution of this Deed by Grantor and Grantee, this Deed shall
automatically terminate and the Easement and all rights thereto shall be null and void.
c. The Easement shall be subject and subordinate to all covenants, conditions,
restrictions, and other easements of record insofar as they may legally affect the Easement Area.
In addition, this Deed and the Easements shall be subject and subordinate to the liens of any
deeds of trust, mortgages or other security interests (and to all renewals, modifications,
consolidations, replacements and extensions thereof) now or hereafter located on the Easement
Area or any part thereof and/or to the rights of parties to any ground or underlying leases
affecting the Easement Area or any part thereof. This subordination shall be self-operative.
d. Grantee shall, promptly following request thereof by Grantor, install, construct
and erect within portions of the Easement Area a split rail fence or other barriers satisfactory to
Grantor which are intended to discourage, hinder and obstruct members of the general public and
their vehicles from entering onto portions of the Land located outside the boundaries of the
Easement Area. Grantor understands, acknowledges and agrees that Grantee’s obligations under
this paragraph are limited to areas of the Land adjacent to the Easement Area for which special
measures are, in Grantor’s reasonable discretion, necessary in order to limit or prevent damage to
property or injury to persons.
e. Grantee shall, at all times during the term of the Easement, maintain the Easement
Area in a safe condition for public use.
f. Grantee shall not permit any access by the County of Henry or the public at large
to any portion of the Land other than to the Easement Area for the purposes described in this
Deed. The general public shall have no right to construct or improve any portion of the Land.
g. Grantee shall not permit public access to any portions of the Land adjacent thereto
with any type of motor vehicles, consisting of, but not limited to, motorcycles, 4-wheel drives,
motor bikes, mopeds, ATVs, and snowmobiles, except to the extent vehicles are necessary for
construction, inspection, emergency calls, maintenance, or reconstruction of the Trail, Trailhead,
Parking, and Facilities within the Easement Area by Grantee or its agents, employees or
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contractors. In addition, in no event shall Grantee permit any rollerblading, skateboarding or
horseback riding in the Easement Area or portions of the Land adjacent thereto.
h. Grantee may erect within the Easement Area such trail markers, litter receptacles,
vehicle control barriers, benches, bridges, fences and gates as are reasonably necessary for
preservation and use of the Trail, Trailhead, Parking Area, Facilities, and safety of Trail users.
i. Grantee shall not permit any dumping of ashes, garbage, waste, brush or other
unsightly, offensive or hazardous material of any kind on or within the Easement Area or
portions of the Land adjacent thereto, and Grantee shall promptly remove all of the foregoing
from the Easement Area and, to the extent that the same migrates from the Easement Area or is
located on the Land after first being located in the Easement Area, the Land.
j. Grantee shall not permit any excavation or dredging in the Easement Area or the
removal from the Easement Area of loam, rock, sand, gravel or other materials, except as may be
reasonably required for the construction and preservation of the Trail, Trailhead, Parking Area
and Facilities.
k. After construction of the Trail, Trailhead, Parking Area, and Facilities, Grantee
shall not make or permit to be made any other change in the natural topography of the Easement
Area, except for maintenance and repair of the Trail, Trailhead, Parking Area, and Facilities,
control of erosion, vegetative screening and flood control. Any change in the natural topography
of the Easement Area (including, but not limited to, the initial construction of the Trail, Trailhead
Parking Area, and Facilities) must be approved by Grantor in advance, in writing and in its sole
discretion. Notwithstanding the foregoing provision, Grantor shall be entitled, at any time and
from time to time, to fill and grade the Land, including the Easement Area, in accordance with
federal, state, and local laws and regulations, subject to the condition that Grantor shall be
responsible for restoration of the Trail, Trailhead, Parking Area, and Facilities to as near to the
condition thereof existing immediately prior to the disturbance or damage in question as is
reasonably practicable and that Grantor shall be responsible for all costs associated therewith.
The time period for completing the fill and grading of the Land, to the extent that it is within the
Easement Area or involves disruption of the Trail, Trailhead, Parking Area, and Facilities, must
be approved by Grantee, in its reasonable discretion. Grantee agrees to cooperate reasonably
with Grantor and at no cost to Grantee in effectuating the restoration that may be necessary.
l. Grantee shall not remove, destroy or cut or permit the removal, destruction, or
cutting of trees within the Easement Area except with Grantor’s prior written consent and except
as may be performed by Grantee for maintenance of the Trail, Trailhead, Parking Area, and
Facilities, reduction of hazard, flood control, good husbandry practice, prevention or treatment of
disease or elimination of a safety hazard. Grantee shall promptly restore and replace trees,
shrubs, grass, vegetation and topsoil on the Land (including the Easement Area) when any of the
foregoing is damaged, destroyed, eliminated or removed due to the exercise of the rights and/or
the performance of the obligations described in this Deed.
m. Grantee shall have the obligation to maintain the Easement Area and all
improvements at any time located therein in a neat, clean, safe and orderly condition and in good
repair.
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n. Whenever Grantee shall have an obligation under this Deed to restore the
Easement Area or any other portions of the Land or any improvements thereon, Grantee shall be
responsible for any such restoration to as near to the condition thereof existing immediately prior
to the disturbance or damage in question as is reasonably practical and that Grantee shall be
responsible for all costs associated therewith. The time period for completing any restoration
must be approved by Grantor, in its reasonable discretion. Grantor agrees to cooperate
reasonably with Grantee, at no cost to Grantor, in effectuating the restoration that may be
necessary.
General Conditions
1. In the event any violation or breach by Grantor of the terms, conditions or
restrictions is found to exist, Grantee may, as its sole and exclusive remedy, after a thirty (30)
day notice to Grantor, institute a suit to enjoin by injunction such violation or to require the
restoration of the property to its prior condition. In no event shall Grantee be entitled to collect
any damages whatsoever from Grantor.
2. Grantee reserves the right to enter upon the Easement Area at all times in order to
monitor its compliance with the terms, conditions, provisions and restrictions set forth in this
Deed and to exercise the rights conveyed to it by the Easement. In addition, Grantee covenants
and agrees that at all times during the term of the Easement it shall provide security for the
Easement Area and use its best efforts to protect the safety and well-being of all persons in the
Easement Area and to prevent damage to any vegetation, trees or improvements on the portions
of the Land adjacent to the Easement Area.
3. Notwithstanding any provisions in this Deed to the contrary, Grantor, for and on
behalf of itself and its successors, successors in interest and assigns, expressly reserves the rights
(a) to use the Easement Area for any and all purposes, provided that no such use shall materially,
adversely and unreasonably interfere with the rights granted to Grantee under this Deed, and (b)
to access the Easement Area at times and without notice in order to monitor Grantor’s
compliance with the terms, conditions, provisions and restrictions set forth in this Deed.
Liability of Grantor
Notwithstanding anything in this Deed to the contrary, Grantee hereby acknowledges and
agrees that neither Grantor nor its lessees, occupants, licensees, invitees, employees, agents,
contractors, successors, successors in title or assigns or any person or entity deemed to constitute
a “landowner,” as defined in Section 29.1-509A of the Code of Virginia of 1950, as amended:
a. shall owe any duty of care whatsoever to keep the Easement Area or other
portions of the Land safe for entry thereon, access thereto or use by others; or
b. shall be required to give any warning whatsoever of hazardous conditions or uses
of, structures on, or activities on the Easement Area of other portions of the Land; or
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c. implied or expressly represent that the Easement Area is safe for the purposes of
the Easement; or
d. assume any responsibility whatsoever for or incur any liability for any intentional
or negligent acts of any persons in the Easement Area or using the Easement.
Binding Effect, Permitted Use And Assignment
The covenants agreed to and the terms, conditions and restrictions imposed in this Deed
shall be binding upon and inure to the benefit of (a) Grantor and its successors, successors in title
and assigns, and (b) Grantee and its successors and permitted assigns. Notwithstanding any
provision in this Deed to the contrary, in no event shall Grantee have any right (i) to use the
Easement Area or permit the Easement Area to be used for any purposes whatsoever other than
for the recreational purposes described in this Deed, or (ii) to sublease or apportion the Easement
Area or any part thereof, or (iii) to assign the Easement or any rights granted to it in this Deed,
without Grantor’s prior written consent, in its sole discretion; provided, however, that such
consent shall not be unreasonably withheld for an assignment of the Easement to the
Commonwealth of Virginia or any agency thereof or any local or regional authority created by
law for public park or recreational purposes. Grantor and Grantee both agree that the terms,
conditions and restrictions of this Deed will be inserted by it in any subsequent deed or other
legal instrument by which it divests itself of either the fee simple title to, or of its possessory or
easement interest in the Easement Area or any part thereof or interest therein. In addition, this
Deed and the Easement shall be subject and subordinate to the liens of any deeds of trust,
mortgages or other security interests (and to all renewals, modifications, consolidations,
replacements and extensions thereof) now or hereafter located on the Easement Area or any part
thereof and/or to the rights of parties to any ground or underlying leases affecting the Easement
Area or any part thereof. This subordination shall be self-operative.
Remainder of Page Intentionally Left Blank
5
IN WITNESS WHEREOF, Grantor and Grantee have set their hands on the day and year
first above written. Conveyance by Grantor and Acceptance of this conveyance by Grantee is
authorized by Sections 10.1-1701, 15.2-1800, and 15.2-1806 of the Code of Virginia, 1950, as
amended.
OFFICE OF THE CITY ATTORNEY
Approved as to Form:
By:
Eric H. Monday, City Attorney
OFFICE OF THE COUNTY ATTORNEY
Approved as to Form:
By:
George Lyle, County Attorney
WITNESS the following signature and seal this _____ day of _____________________, 2018.
GRANTOR:
CITY OF MARTINSVILLE, an independent City of the Commonwealth of Virginia
By: _______________________________________________________ (SEAL)
Signature Title
Print Leon Towarnicki City Manager
Name Title
COMMONWEALTH OF VIRGINIA,
CITY OF MARTINSVILLE TO WIT:
I, ________________________________________, a Notary Public in and for the jurisdiction
aforesaid, certify that the foregoing instrument was acknowledged before me this _____ day of
____________________, 2018, by Leon Towarnicki, City Manager on behalf of the City of
Martinsville.
My commission expires: ____________________
________________________________________
Notary Public
Notary Registration No.:
6
WITNESS the following signature and seal this ______ day of ____________________, 2018.
GRANTEE:
BOARD OF SUPERVISORS OF THE COUNTY OF HENRY, VIRGINIA, a political
subdivision of the Commonwealth of Virginia
By: _______________________________________________________ (SEAL)
Signature Title
Print Jim Adams Chairman ________
Name Title
COMMONWEALTH OF VIRGINIA,
COUNTY OF HENRY TO WIT:
I, _________________________________________, a Notary Public in and for the jurisdiction
aforesaid, certify that the foregoing instrument was acknowledged before me this ______ day of
___________________, 2018, by Jim Adams, Chairman, on behalf of the Board of Supervisors
of the County of Henry, Virginia.
My commission expires: ___________________
Notary Public
Notary Registration No.:
(SEE EXHIBIT ”A” ATTACHED HERETO AND MADE A PART HEREOF)
7
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City Council
Agenda Summary
Date: February 13, 2018
Item No: 3.
Department: Council/City Manager
Issue: Hear information from the Town of South Boston regarding the
transition from city to town.
Summary: In December, 1990, the City of South Boston filed notice with the
Commission on Local Government, pursuant to the provisions of Section 15.1-
945.7A of the Code of Virginia of its intentions to petition the court for an order
granting it the status of a town within Halifax County. The ensuing process
culminated with South Boston transitioning to a town in July, 1995, becoming the
first Virginia city to revert to a town.
South Boston Town Manager Tom Raab will be attending Council’s meeting on
February 13th to provide information regarding the transition and how the change
impacted the operation of the local government.
Attachments: None
Recommendation: None, no action needed by Council.
City Council
Agenda Summary
Meeting Date: February 13, 2018
Item No: 4.
Departments: City Attorney, Director of Planning & Development
Issue: Conduct a public hearing to hear public input regarding a street
abandonment of an alleyway, consider abandonment of the alley and conveyance to
adjacent property owners.
Summary: Following the recent sale and redevelopment of the former Druid Lanes
bowling alley, it was discovered that a 15-foot never-used alley runs behind parcels
on Brookdale Street alongside of 1051 Lot Spruce Street (lot 41) through 1051 Lot
Spruce Street (lot 47) and through the building, stopping at the City’s right-of-way on
Spruce Street. While never actually used, this “paper” alley was there before
Martinsville became a City. Different maps show the space with and without the
alley. A search of Planning Commission minute books from the 1950s and 60s show
the addition of Ludwig Street, which affords the City access to its substation at 1057
Spruce Street and access to 615 Lot Parkview Ave, so the removal of the alley will not
result in anyone being landlocked.
Attachments: Map
Recommendation: To clear up title to the adjoining lots, the City desires to formally
abandon the section of alleyway that begins at Spruce Street and to terminate at the
rear 1051 Lot Spruce Street (lot 41). The City proposes the alleyway be split with the
two adjacent property owners, 615 Lot Parkview Ave and 1057 Spruce Street, the
other halves of the portions to be combined with 1051 Spruce Street (lots 41, 46, and
47) and 1055 Lot Spruce Street and be consolidated with these parcels and an
appropriate map approved by the Zoning Administrator, showing the area declared
vacated, abandoned, and combined with the appropriate adjoining parcels, to be duly
recorded in the office of the Clerk of Martinsville City Circuit Court.
1. Conduct public hearing to abandon the alley.
2. Voice vote on abandonment.
3. In the event of abandonment, conduct public hearing concerning conveyance
to adjacent property owners.
4. Voice vote on conveyance.
City Council
Agenda Summary
Meeting Date: February 13, 2018
Item No: 5.
Department: Public Works – Street Maintenance
Issue: Consider adoption of a resolution requesting the transfer of unspent
VDOT revenue sharing funds designated for the Uptown paving project to the
Commonwealth Boulevard bridge repair project
Summary: VDOT will allow transfer of the unspent revenue sharing funds from
the recently completed Uptown paving project to the Commonwealth Boulevard
bridge repair project by designating it as a revenue sharing project
$86,000 remains in the Uptown paving budget, and VDOT will reappropriate at
Council’s request through adoption of the attached resolution, its 50% share to
match the City’s 50% share of $43,000 to the bridge project No other funding
sources will be affected by this re-designation.
Attachments: Resolution designating the Commonwealth Boulevard bridge
project as a Revenue Sharing Project
Recommendations: Approve Resolution as presented
Council Members City Manager
M. Gene Teague, Mayor Leon E. Towarnicki
Chad E. Martin, Vice-Mayor City Attorney
Sharon Brooks Hodge Eric H. Monday
Jennifer Bowles
Clerk of Council
Kathy C. Lawson
Karen Roberts
RESOLUTION
DESIGNATING COMMONWEALTH BOULEVARD BRIDGE IMPROVEMENTS, UPC 104078,
AS A REVENUE SHARING PROJECT
WHEREAS, the Council of the City of Martinsville desires to make repairs to the Commonwealth
Boulevard Bridge; and
WHEREAS, the Council of the City of Martinsville supports this project as a priority; and
WHEREAS, the City of Martinsville desires to designate the above project as a Revenue Sharing Project
and requests that Revenue Sharing funds in the total amount of $86,000 (including state and local match) be
transferred from UPC 104298, Uptown Paving Project, to this requested project Commonwealth Boulevard
Bridge Improvements, UPC 104078.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Martinsville on this 13th day of
February, 2018, that Commonwealth Boulevard Bridge Improvements, UPC 104078, be designated as a
Revenue Sharing project and that VDOT hereby is requested to transfer all remaining available funds
(approximately $86,000) in previously allocated Revenue Sharing Funds and previously committed Local
Match, from UPC 104298 to UPC 104078; and
BE IT FURTHER RESOLVED that the Council of the City of Martinsville hereby commits to fund its
local share of preliminary engineering, right-of-way and construction (as applicable) of all project(s) under
agreement with the Virginia Department of Transportation in accordance with the project financial
document(s); and
BE IT FURTHER RESOLVED that the City Manager is authorized to execute all agreements and/or
addendums for any approved projects with the Virginia Department of Transportation.
Adopted this 13th day of February, 2018
*******
ATTEST:
__________________________ ________________
Clerk of Council Date
At a regularly scheduled meeting of the City of Martinsville Council held on February 13, 2018, on a motion
by ________________________, seconded by ________________________, the above resolution was
adopted by a vote of ___ to ___.
55 West Church Street, P. O. Box 1112, Martinsville, VA 24114-1112 276-403-5180 Fax: 276-403-5280
www.martinsville-va.gov
City Council
Agenda Summary
Meeting Date: February 13, 2018
Item No: 6.
Department: City Attorney
Issue: Consider sale of property located at 310 Hairston Street,
Martinsville, Virginia.
Summary: City records indicate around 1945, a house was constructed on
property located at 310 Hairston Street. Records are unavailable to outline
specific circumstances of the construction, but it was later discovered the house
was constructed over an 8 inch City sewer line. The line collapsed under the
house, resulting in an accumulation of wastewater in the basement of the house
and requiring the installation of a new sewer line. After reviewing cost options
related to damages to the house and sewer repair costs, at that time it determined
the most cost-effective option for the City was to acquire the property, demolish the
house, and then re-install the line in place.
The property was purchased and fortunately City workers devised a plan to route
the sewer line around the house, and that work has been completed. The
basement of the house was cleaned and the property advertised for sale. One bid
in the amount of $15,000 was received for the property and Council approved the
sale at their May 9, 2017 meeting. Subsequent to the sale approval, however, the
bidder was unable to obtain financing and the property was not sold.
The City has received another offer for the same amount from Mr. Gene Biggs.
Attachment: GIS map showing location of the house and property.
Recommendation: Staff recommends sale of the property for the amount of
$15,000. In order to move ahead with the property sale, it is recommended
that Martinsville City Council recess as Council and reconvene as Martinsville
Redevelopment Housing Authority (one motion & second), approve sale of the
property by the MRHA for the amount of $15,000 to Mr. Biggs (one motion &
second), and then recess as MRHA and reconvene as City Council (one motion
& second).
City Council
Agenda Summary
Meeting Date: February 13, 2018
Item No: 7.
Department: Finance
Issue: Appropriation Approval
Summary:
The attachment amends FY18 Budget with appropriations in the following funds:
General: $ 150,825 – Reimbursements, Forfeitures
School Operating: $ 15,000 – Private Grant
Attachments:
Consent Agenda 2-13-18
Recommendations: Approve
BUDGET ADDITIONS FOR 2/13/18
ORG OBJECT DESCRIPTION DEBIT CREDIT
FY18
General Fund:
01102926 436401 Cat. Federal - Federal Confiscated Assets - Police 12,656
01311085 506079 Police Dept - Federal Asset Forfeitures 12,656
US Marshals Service
01100917 442810 Categorical Other State - Highway Project 118,257
01420152 508220 VDOT Reserve - Physical Plant Expantion 118,257
Paving & Bridge reimbursements
01102926 405555 Federal Categorical - Brownfields Grant - EPA 19,912
01812247 503136 Brownfields - Professional Services - Consultant 19,912
Project reimbursement
Total General Fund: 150,825 150,825
School Operating Fund:
18103919 489904 Private Grants - Donations/Contrib/Gifts 15,000
87301310 561300 Adult Ed - Nurse Assistant Program - Part-time S&W 12,850
87301310 562100 Adult Ed - Nurse Assistant Program - Social Security 797
87301310 562150 Adult Ed - Nurse Assistant Program - Medicare 186
87301310 565503 Adult Ed - Nurse Assistant Program - Travel 400
87301310 566013 Adult Ed - Nurse Assistant Program - Instr. Materials 767
Goodwill Grant
Total School Fund: 15,000 15,000
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