City Council
Regular MeetingMartinsville, VA · April 10, 2018
Minutes
April 10, 2018 Council Meeting
The regular meeting of the Council of the City of Martinsville, Virginia was held on April
10, 2018 in Council Chambers, Municipal Building, at 7:30 PM with Mayor Gene Teague
presiding. Council Members present included Gene Teague, Sharon Hodge, Jennifer Bowles
and Kathy Lawson. Chad Martin was not in attendance. Staff present included City Manager
Leon Towarnicki, City Attorney Eric Monday, Assistant City Manager Wayne Knox, Clerk of
Council Karen Roberts, Finance Director Linda Conover, Electric Department Director Durwin
Joyce, Fire Chief Ted Anderson, Police Chief Eddie Cassaday, Police Captain Jim Minter,
Captain Chad Rhode, and Deputy Police Chief Rob Fincher.
Mayor Teague called the meeting to order and advised Council would go into Closed
Session beginning at 7:00 PM. In accordance with section 2.1-344 (A) Code of Virginia (1950,
and as amended) and upon a motion by Council Member Lawson, seconded by Council
Member Hodge, with the following 4-0 recorded vote: Council Member Lawson, aye; Council
Member Hodge, aye; Mayor Teague, aye; Council Member Bowles, 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. City Attorney Monday explained that Vice
Mayor Martin would be unable to attend the meeting. In accordance with the Code of Virginia
Section 2.2-3708.1(A1 and 2) she could participate in the meeting by phone if present Council
Members agreed. Council Member Bowles made a motion to allow Martin to participate by
phone; Council Member Hodge seconded the motion with all present Council Members voting
in favor. 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.
Council Member Lawson made a motion to reappoint Walt Shaw to the Architectural
Review Board for a 3-year term ending March 31, 2021. Vice Mayor Martin seconded the
motion with all members voting in favor.
Council Member Bowles made a motion to reappoint Mary Rives Brown to the
Architectural Review Board for a 3-year term ending March 31, 2021. Council Member
Lawson seconded the motion with all members voting in favor.
April 10, 2018 Council Meeting
Council Member Hodge made a motion to appoint Kenneth Paul Johnson to the
Architectural Review Board for a 3-year term ending March 31, 2021. Council Member
Bowles seconded the motion with all members voting in favor.
Following the Pledge to the American Flag and invocation by Mayor Teague, Teague
welcomed everyone to the meeting.
Read and present a proclamation recognizing April 18, 2018 as National Lineman
Appreciation Day – City Manager Towarnicki welcomed Durwin Joyce to the podium.
Towarnicki said ElectriCities contacted him about the City’s plans for National Lineman
Appreciation Day and after some research, he felt it would be a good idea to acknowledge the
work they do, especially this past season. Mayor Teague read the proclamation and thanked
the City’s lineman for the work they do and their dedication.
Consider a request by the Virginia Municipal League to submit nominations for
membership on the VML 2018 Policy Committees – City Manager Towarnicki explained that
VML asks for nominations annually. The committees meet usually later in July and possibly a
second time during the year. Council Members request that they remain on the same
committees that they currently serve. Council Member Lawson made a motion to keep the
committee representatives the same, Council Member Bowles seconded the motion with all
Council Members voting in favor.
April 10, 2018 Council Meeting
Hear a presentation from the Police Department regarding their 2017 Annual Report –
Police Chief Cassady thanked Council for allowing them to present the annual report for the
Police Department, providing Council Members a complete hard copy report and presenting a
summary of the details. Deputy Police Chief Fincher highlighted some of the current grants.
April 28th will be the next drug take-back program from 10:00am-2:00pm and will include a
drive through at the fire department. There is also a drug box at the Police Department that is
available during regular business hours. Mayor Teague shared details about an advocacy
award received by Officer E.C. Stone on behalf of City Council; Teague feels the award is in
honor of the police department as much as Council.
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Consider information regarding possible changes to the City’s Zoning Ordinance related
to the issue and use of Open Space – City Manager Towarnicki referenced issues related to the
trail concerns that came up previously. Wayne Knox of the Community Development
department shared information regarding the definition of open spaces within the City and in
other communities as well as recommendations on changes to the City Zoning Ordinance that
would need to be reviewed by the Planning Commission. Council Member Bowles made a
motion to approve the language, forward to the Planning Commission for review and set a
public hearing early May; Council Member Hodge seconded the motion with all Council
Members voting in favor.
April 10, 2018 Council Meeting
Business from the Floor – Ural Harris, 217 Stuart Street asked how Council will
address the budget when nothing is known about the medical school or the sewer. Harris
asked City Attorney Monday the status of his FOIA request. Harris expressed concern on
trouble areas after the paving project.
Comments by Members of City Council – Vice Mayor Martin said he was contacted by a
resident regarding the street lights out near the DMV office on Starling making the area dark
and dangerous in that area at night. Martin apologized for not being in attendance for the
meeting and thanked Council for allowing him to participate by phone. Council Member
Bowles wished Council Member Lawson happy birthday. Bowles share details for registration
for the New Heights Foundation children’s program. Council Member Hodge thanked Council
for communicating with her when she was absent from a previous meeting, stating that
although she travels often for work she keeps up with Council issues also. Council Member
Lawson said the agenda link on the City website would not work. Lawson shared that there
would be a Hazardous Waste Day at the PSA Bassett shop for old paints, solvents, etc. Mayor
Teague said he received a complaint regarding Indian Trail and the road being blocked while
the project is being completed. City Manager Towarnicki explained that the sewer line is in,
connections are being completed and the project is expected to be completed the end of April.
Comments by City Manager – City Manager Towarnicki thanked Officer Stone for
providing pictures to submit for the award. Council Member Hodge asked about the If I were
Mayor award participation by local students and the cash award promised by Council
Members.
Hear a presentation of the proposed FY19 City budget – City Manager Towarnicki
presented the FY2019 proposed budget including 2018 highlights, objectives, budget
challenges, revenue analysis, fund and reserve balances policy, utility cash reserves, etc.
Council Member Bowles made a motion to set the public hearing for the budget April 24;
Council Member Lawson seconded the motion with all Council voting in favor.
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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 10:00pm.
______________________________________ ______________________________________
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, April 10, 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. Read and present a proclamation recognizing April 18, 2018 as National Lineman
Appreciation Day (10 mins)
2. Consider a request by the Virginia Municipal League to submit nominations for
membership on the VML 2018 Policy Committees (10 mins)
3. Hear a presentation from the Police Department regarding their 2017 Annual Report
(20 mins)
4. Consider information regarding possible changes to the City’s Zoning Ordinance
related to the issue and use of Open Space (20 mins)
5. Hear a presentation of the proposed FY19 City budget (30 mins)
6. 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.
7. Comments by members of City Council. (5 minutes)
8. Comments by City Manager. (5 minutes)
City Council
Agenda Summary
Date: April 10, 2018
Item No: 1.
Department: City Council
Issue: Read and present a proclamation recognizing April 18, 2018 as
National Lineman Appreciation Day.
Summary: On April 10, 2013, the United State Senate considered and
agreed to Senate Resolution 95 which designated April 18, 2013 as National
Lineman Appreciation Day, recognizing the profession of linemen and the
contribution made by electric line workers.
The City of Martinsville owns, operates, and maintains its electric system
consisting of both, electric generation and distribution. The City’s electric
linemen are responsible for maintaining the distribution system and are often
called upon to work around the clock under dangerous conditions to keep the
system operating. The City’s electric linemen are Daniel Morrison, Jimmy
Rigney, Terry Martin, Brian Collins, Chase Cooper, Alex Lawless, Richard Penn,
Brandon Sink, Austin Shumate, Curt Compton, Jimmy Blankenship, Tim Agee,
Ryan Emberson, Paul McCrickard, and Blaine Meeks
Attachments: Proclamation
Recommendations: No action by Council needed - the Mayor will read the
Proclamation.
PROCLAMATION
NATIONAL LINEMAN APPRECIATION DAY
APRIL 18, 2018
WHEREAS, on April 10, 2013, the United States Senate recognized linemen,
the profession of linemen, and the contributions of the brave men and women
of this profession who protect public safety by expressing support for the
designation April 18, 2013 through Senate Resolution 95, as National Lineman
Appreciation Day; and
WHEREAS, linemen are often first responders during storms, emergencies, and
other catastrophic events, working to make the scene safe for other public
safety heroes; and
WHEREAS, linemen must often work under dangerous conditions with
thousands of volts of electricity in all weather conditions high atop power lines
24 hours a day, 365 days a year, to construct, repair, and maintain
infrastructure to keep electricity flowing; and
WHEREAS, linemen put their lives on the line every day with little recognition
from the community regarding the danger of their work; and
WHEREAS, the City of Martinsville’s electric linemen are Daniel Morrison,
Jimmy Rigney, Terry Martin, Brian Collins, Chase Cooper, Alex Lawless,
Richard Penn, Brandon Sink, Austin Shumate, Curt Compton, Jimmy
Blankenship, Tim Agee, Ryan Emberson, Paul McCrickard, and Blaine Meeks;
NOW THEREFORE, I, Gene Teague, Mayor of the City of Martinsville, along
with Martinsville City Council members, do hereby proclaim April 18, 2018, as
National Lineman Appreciation Day and encourage residents to recognize and
appreciate the work of the linemen of the City’s Electric Department in
providing and maintaining electric service for the City of Martinsville.
__________________________
Gene Teague, Mayor
City Council
Agenda Summary
Date: April 10, 2018
Item No: 2.
Department: City Manager
Issue: Consider a request by the Virginia Municipal League to submit
nominations for membership on the VML 2018 Policy Committees.
Summary: Annually, City Council submits nominations for membership to
the 6 VML policy committees. The committees typically meet at least once during
the summer (and other times as may be needed) for the purpose of developing
broad policy statements in addition to submitting specific legislative
recommendations for consideration by the Legislative Committee.
The 2017 Policy Committee nominations were as follows:
Community & Economic Development – Sharon Brooks Hodge
Environmental Quality- Eric Monday
Finance – Gene Teague, Leon Towarnicki
General Laws – Chad Martin
Human Development & Education –Jennifer Bowles
Transportation- Kathy Lawson
Attachments: Information from VML
Recommendations: Motion to nominate members to VML for the 2018 Policy
Committees.
VML’s Legislative and Policy Committee Process
Each year the Virginia Municipal League develops two separate documents -- a legislative program
and a compilation of policy statements -- through a process that involves the Legislative Committee
and six separate policy committees. The Legislative Committee is responsible for developing the
legislative program, but it may also rely on input from the policy committees to do so. The policy
committees develop broad policy statements, in addition to submitting specific legislative
recommendations for consideration by the Legislative Committee.
Legislative Committee
What is the role of the Legislative Committee?
The Legislative Committee is responsible for considering and developing positions on existing or
proposed state and federal legislation or regulations, and urging the enactment or amendment of, or
opposition to, such legislation or regulations.
How is the Legislative Committee appointed?
VML’s Constitution spells out the composition of the Legislative Committee. The committee
consists of 24 individuals holding local elective or appointed positions, all appointed by VML’s
President. Of the 24 members, 12 must be representatives of cities and urban counties with
populations in excess of 35,000, six must be representatives of cities and urban counties with
populations of 35,000 or less, and six must represent towns.
What is included in VML’s Legislative Program?
The legislative program adopted by the Legislative Committee reflects specific legislative objectives
that VML hopes to achieve during the upcoming legislative session. It is subject to the approval of
VML’s membership at the annual conference.
What is the relationship between the legislative committee and VML’s policy committees?
The Legislative Committee meets prior to the policy committees to identify issues that it would like
the committees to consider for potential inclusion in the league’s legislative program. It meets again
after the policy committees have met to consider their recommendations.
Policy Committees
What is the role of the policy committees?
Policy committees receive briefings on select statewide issues, consider possible changes to the
policy statement, and develop legislative recommendations for the Legislative Committee to
consider.
How are policy committees appointed?
Policy committee membership consists of elected and appointed officials of full-member local
governments. Nomination information is sent in the spring to each locality, and each local
government determines which of its officials will be nominated for each of the six policy
committees. Each local government may nominate up to two people per policy committee, at least
one of whom must be an elected official.
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What are the benefits of serving on a policy committee?
VML policy committees offer members an opportunity to learn about current and emerging
statewide issues that affect local governments, to develop through policy statements the broad
philosophical framework that guides the league, and to network with local officials with similar
policy interests.
How many policy committees are there?
There are six policy committees: community and economic development, environmental quality,
finance, general laws, human development and education, and transportation.
What issues does each policy committee cover?
• Community & Economic Development: Authority, administration, and funding of local
governments to manage a full range of community and economic development issues, including
business development and retention, international competitiveness, infrastructure development
and investment, planning, land use and zoning, blight, enterprise zones, housing, workforce
development and historic preservation.
• Environmental Quality: Natural resources and the authority of local governments to manage
the environment, including water resources and quality, solid and hazardous waste management,
air quality and the Chesapeake Bay.
• Finance: Powers, organization and administration of local government financing, including
taxing authority, debt financing, state aid to local governments and federal policies affecting local
finance issues.
• General Laws: Powers, duties, responsibilities, organization and administration of local
governments, including state-local and inter-local relations, conflicts-of-interest, freedom-of-
information, information management and personnel, telecommunications, utilities and law
enforcement, jails and courts issues.
• Human Development and Education: Management and funding of social services, prek-12
education, health, behavioral health, juvenile justice, recreation, rehabilitation and aging.
• Transportation: Development, maintenance, and funding of a comprehensive land, sea and air
transportation system for the Commonwealth, and federal, state and local roles in the provision
and regulation of transportation.
What is a policy statement?
Each policy committee develops a policy statement that covers issues in its respective area. The
policy statement expresses the agreement of VML’s membership on matters of interest to local
governments. The statement generally addresses broad, long-term, philosophical positions. The
VML membership approves the policy statements at its annual meeting.
How do policy statements differ from VML’s legislative program?
Policy statements are general in nature. They reflect local governments’ positions on a range of
issues. The Legislative Program is more specific and immediate. It is limited to legislative positions
that VML expects to lobby on during the upcoming legislative session.
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City Council
Agenda Summary
Date: April 10, 2018
Item No: 3.
Department: Police
Issue: Hear a presentation from the Police Department regarding their
2017 Annual Report.
Summary: The Police Department has compiled information regarding
departmental activities for calendar year 2017 into an annual report format
and will present the information at the April 10 Council meeting.
Attachments: None. Information will be presented at the meeting.
Recommendations: This item is being presented for Council and public
information purposes. No Council action is required.
City Council
Agenda Summary
Meeting Date: April 10, 2018
Item No: 4.
Department: Community Development
Issue: Consider information regarding possible changes to the City’s
Zoning Ordinance related to the issue and use of Open Space.
Summary: Following up on recent discussions related to use of Open Space
as designated by the City’s Zoning Ordinance, and Council’s desire to hear staff
recommendations regarding possible changes that would ensure some form of
review process prior to the start of any such “open space” project,
recommendations have been developed for Council’s consideration.
Attachments: Staff recommendations related to this issue.
Recommendations: Presented for information purposes and Council
discussion. After Council review, it is recommended that the information be
forwarded to the Planning Commission for their review and recommendation.
Danville, VA. – Zoning Ordinance, Chapter 41, Article 15,B Formatted: Font: 16 pt, Bold
Open Space Defined
OPEN SPACE – that area intended to provide light and air, and is designed for either scenic or
recreational purposes. Open space shall, in general, be available for entry and use by the
residents or occupants of the development, but may include a limited proportion of space so
located and treated as to enhance the amenity of the development by providing landscaping
features, screening for the benefit of the occupants or those in neighboring areas, or a general
appearances of openness. Open space shall not include driveways, parking lots, or other
vehicular surfaces, any area occupied by a building, or areas so located or so small as to have no
substantial value for the purpose stated in this definition.
OPEN SPACE, COMMON - all open space that is designed for use and enjoyment by all
residents or occupants of the development or by the residents of a designated portion of the
development.
OPEN SPACE, DEDICATED – all open space which is dedicated or conveyed to the City or
an appropriate public agency, board, or body for public use as open space.
OPEN SPACE, LANDSCAPED – that open space within the boundaries of a given lot that is
designed to enhance privacy and the amenity of the development by providing landscaping
features, screening for the benefit of the occupants or those in neighboring areas, or a general
appearance of openness. Landscaped open space may be either Common or Dedicated open
space as defined herein.
City of Martinsville – Zoning Ordinance, Section II, p. 22 and 23 Formatted: Font: 16 pt, Bold
Open Space Defined
OPEN SPACE - areas intended to provide light, air, recreational, or scenic beauty. Open space
shall, in general, be available for entry and use by the owners, residents or occupants of the Formatted: Font: Italic
property or development, but may include a limited proportion of space so located and treated as
to enhance the amenity of the property or development by providing landscaping features, Formatted: Font: Italic
screening for the benefit of the occupants or those in neighboring areas, or a general appearances
of openness. Open space may include, but is not limited to lawns, decorative plantings,
walkways, active and passive recreation areas, playgrounds, fountains, swimming pools,
undisturbed natural areas, agriculture, wooded areas, water bodies and those areas where
landscaping and screening are required by the provisions of this ordinance. Open space shall not
include driveways, parking lots, or other vehicular surfaces, any area occupied by a building, nor
areas so located or so small as to have no substantial value for the purposes stated in this
definition.
OPEN SPACE, DEDICATED PUBLIC– any open space which is dedicated or conveyed to (a) Formatted: Strikethrough
the City or to (b) an appropriate public agency, board, or body by any other individual or entity Formatted: Font: Italic
for public use by the general public as open space. In all instances involving ownership under Formatted: Font: Italic
(b), open space which does not abut any contiguous parcels shall remain a use by right; for any
Formatted: Font: Italic
open space abutting any contiguous parcel, however, a description with supporting
Formatted: Strikethrough
documentation of any such open space shall be submitted Zoning Administrator for review. The
Formatted: Strikethrough
Zoning Administrator shall enjoy discretionary authority to, after due consideration of the
Formatted: Font: Italic
Comprehensive Plan and the effect of such open space on adjoining parcels and the
neighborhood in general, either allow the use by right or alternatively require an application for Comment [EM1]: Alternatively, this could
be something like “within 100 (or whatever)
a special use permit. feet of any adjoining parcel”
Formatted: Font: Italic
Formatted: Font: Italic
Comment [EM2]: Note: “Community
Gardens” are separately defined and allowed
OPEN SPACE, COMMON – within a residential subdivision, open space shall be composed of elsewhere in the Zoning Ordinance, so this
entire discussion is inapplicable to the
only those areas not contained in individually owned lots. Common open space shall be designed consideration of their installation.
and set aside for use and enjoyment by all residents or occupants of the development or by the
Formatted: Font: Italic
residents or occupants of a designated portion of the development. Common open space shall
represent those areas not to be dedicated as public lands, but are to remain in the ownership of a
homeowners association or of a condominium.
NEW STATEMENT *
City Council has the option to make any extension of walking or biking trails and Community
Gardens permitted by a Special use permit, if the project is not undertaken by the City. If the
project is initiated by a private entity or a third party, it shall undergo the Special Permitting
process.
City Council
Agenda Summary
Date: April 10, 2018
Item No: 5.
Department: City Manager
Issue: Hear a presentation of the proposed FY19 City budget.
Summary: The proposed FY19 budget for the City will be presented.
Budget work sessions will be held on Monday, April 16 with City departments,
constitutionals, and capital ; Tuesday, April 17 with Schools, outside agencies,
and resume capital if not finished on Monday; and Monday, April 23 to
continue discussion/questions as may be needed and to wrap up. Additional
sessions may be scheduled as needed. Sessions will begin at 6 pm and will last
until approximately 9 pm.
The proposed schedule calls for the budget public hearing on Tuesday, April 24
along with adoption of the budget ordinance on first reading, followed by
approval/adoption of the budget ordinance on second reading at Council’s May
8th meeting.
Attachments: None. The FY19 budget document will be presented at
the April 10 meeting.
Recommendations: Set the FY19 budget public hearing for April 24, 2018.
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