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City Council

Regular Meeting

Martinsville, VA · February 13, 2018

AgendaMinutes

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 February 13, 2018 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. February 13, 2018 February 13, 2018 February 13, 2018 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 February 13, 2018 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 2 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. 3 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 4 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. 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U/ . // 1) 1 c/ / I v';o° O 1 / i//-' i 1 I/ 1 / i ' c , 6661 V 41 i 1 2i°£ 1141/ i i' z Ol i/ii v'/ = Vj COO iii/ // v i I/ `"]/ / 1 LL P/ e FIT: Ul iii// '. 1/ 1444// 0C liSt41 1tui' l0 ! 7-' 9° ice) n -> x 44// ;/ / / 3z // gg- I MINT 3ao,\ aa3Hlf1W \ _ r . k iil /.-'/ // x V r. i . O O I 0 R 9- Y 1 ( f///',/ C- a i 0. r Ol / / // ISO 2\ k 6 7P//' ' o k O III 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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