City Council

AGENDA--CITY COUNCIL -- CITY OF MARTINSVILLE, VIRGINIA Council Chambers – Municipal Building 7:00 pm Closed Session 7:30 pm Regular Session Tuesday, May 8, 2018 7:00 pm --Closed Session Items to be considered in Closed Session, in accordance with the Code of Virginia, Title 2.2, Chapter 37— Freedom of Information Act, Section 2.2-3711(A)—Closed Meetings, the following: A. Appointments to boards and commissions, as authorized by Subsection 1. B. Discussion of the award of a public contract involving the expenditure of public funds, including interview of bidders or offerors, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body as authorized by Subsection 29. C. Consultation with legal counsel and briefings by staff members, attorneys or consultants pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by such counsel, as authorized by Subsection 7. 7:30—Regular Session Pledge to the American Flag and Invocation by Council Member Bowles 1. Consider approval of minutes of March 13, 2018 Council Meeting, March 19, 2018 Neighborhood Informational Meeting, March 27, 2018 Council Meeting, and April 10, 2018 Council Meeting. (2 mins) 2. Present awards to Martinsville Middle School students who recently participated in Virginia Municipal League’s “If I Were Mayor Contest”. (10 mins) 3. Read and present a proclamation recognizing the week of May 6 through May 12, 2018 as National Correctional Officers and Employees Week in the City of Martinsville. (5 mins) 4. Consider presentation of a proclamation regarding National Police Week, 2018 and Peace Officer’s Memorial Day. (5 mins) 5. Read and present a proclamation recognizing May, 2018 as National Bike Month, May 14-18, 2018 as National Bike Week, and May 18, 2018 as Bike to Work Day. (5 mins) 6. Consider presentation of a proclamation recognizing May as Building Safety Month. (5 mins) 7. Read and present a proclamation recognizing May 6-12, 2018 as Public Service Recognition Week. (5 mins) 8. Continue the public hearing on the FY18-19 Budget and consider approval of FY19 Budget Ordinance on second reading. (10 mins) 9. Conduct a public hearing regarding an amendment to the City’s Zoning Ordinance related to the issue and use of open space. (10 mins) 10. Consider approval of a lease granting Piedmont Community Services use of the City-owned former Housing Office/Police Academy located at 605 Fourth Street. (10 mins) 11. Hear information from the City Attorney regarding the City’s delinquent collection process. (15 mins) 12. Consider approval of consent agenda. (2 mins) 13. 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. 14. Comments by members of City Council. (5 minutes) 15. Comments by City Manager. (5 minutes)  City Council Agenda Summary Meeting Date: May 8, 2018 Item No: 1. Department: Clerk of Council Issue: Consider approval of minutes Summary: None Attachments: March 13, 2018 Council Meeting minutes March 19, 2018 Neighborhood Informational Meeting minutes March 27, 2018 Council Meeting minutes April 10, 2018 Council Meeting minutes Recommendations: Motion to approve minutes as presented. March 13, 2018 The regular meeting of the Council of the City of Martinsville, Virginia was held on March 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, and Kathy Lawson. Council Member Jennifer Bowles was not in attendance but participated by phone. Staff present included City Manager Leon Towarnicki, Assistant City Manager Wayne Knox, City Attorney Eric Monday, Clerk of Council Karen Roberts, Finance Director Linda Conover, and Police Chief Eddie Cassady. City Attorney Monday explained that Council Member Bowles 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 Lawson made a motion to allow Bowles to participate by phone; Council Member Hodge seconded the motion with all present Council Members voting in favor. Mayor Teague called the meeting to order and advised Council would go into Closed Session beginning at 7:00 PM. In accordance with section 2.1-344 (A) Code of Virginia (1950, and as amended) and upon a motion by Council Member Lawson, seconded by Council Member Hodge, with the following 5- 0 recorded vote: Council Member Hodge, aye; Council Member Bowles, aye; Council Member Lawson, aye; Mayor Teague, aye; and Vice Mayor Martin, aye, Council convened in Closed Session to discuss the following matters: (A) Discussion of the award of a public contract involving the expenditure of public funds, including interview of bidders or offerors, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body as authorized by Subsection 29, and (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 Hodge; seconded by Council Member Lawson, with the following 5-0 recorded vote in favor to return to Open Session: Council Member Bowles, aye; Vice Mayor Martin, aye; Mayor Teague, aye; Council Member Lawson, aye; and Council Member Hodge, aye. Business out of Closed Session included a motion by Council Member Bowles to approve a performance agreement related to Virginia Mirror Company and Virginia Glass Products and a $35,000 Tobacco Region Opportunity Fund Grant; Council Member Hodge seconded motion with Council Members voting in favor. Mark Heath, President and CEO of the Martinsville-Henry County EDC spoke on behalf of John Korff, President and CEO of March 13, 2018 Virginia Mirror and Virginia Glass, explaining that this grant money would be invested in new equipment and help add 9 new employees. Heath detailed the TROF Grant and explained that this is great news for the community. Following the Pledge to the American Flag and invocation by Mayor Teague, Teague welcomed everyone to the meeting. Read and present a proclamation acknowledging the month of March as Red Cross Month – Council Member Hodge read the proclamation that was presented to Ralph Lawson, representative of the local American Red Cross organization. Lawson thanked Council and stated that the Martinsville charter was started August 1917. Lawson encouraged residents to check the batteries in their smoke detectors and thanked the Martinsville Fire and EMS for installing almost 2,000 smoke alarms for City residents. March 13, 2018 Read a Proclamation acknowledging March 2018 as Women’s History Month – Mayor Teague read the proclamation recognizing March as Women’s History Month. March 13, 2018 Present a Proclamation honoring the Carlisle School varsity girls’ basketball team for their accomplishments this past season and winning the Virginia Independent Schools Athletic Association D3 state championship – Vice Mayor Martin read the proclamation, which was presented to players and coaches in attendance. The players thanked Council for their support. The coaches said it feels good to have the community standing behind them when they do something well. Coaches shared that the team Grade Point Average is 3.6 this year, which is amazing and proves that the ladies put forth effort both on and off the court. Council Member Bowles said it was fitting that the Chiefs won their fourth championship during Women’s History month. Conduct a public hearing regarding the sale of surplus property located on the south corner of the intersection of Fayette Street and Memorial Boulevard – Wayne Knox of the Community Development department described the property in question. The City maintains the property currently but the owner of the property behind this property would like to purchase the lots on the south corner of Fayette and Memorial. The property has been appraised and Mr. Lawrence has made a counter offer. Council Member Hodge asked if there was any plan for different use of the property. Knox said not at this time but that the property will be zoned commercial. No owners of other adjacent property have expressed any concern or interest in the property. City Manager Towarnicki explained that the property in question is small remnants of full lots that were trimmed down when the intersection was widened over 20 years ago. Mayor Teague opened the public hearing; no one approached the podium so he March 13, 2018 closed the public hearing. Lawson made a motion to sell the property; Hodge seconded the motion with the following roll call: Teague, Hodge, Bowles, Martin, Lawson ADDENDUM: Consider setting a public hearing on a request from James Coleman of Lanier Farms, LLC for a Special Use Permit to allow the former Food Lion building located at 1000 Spruce Street to be used as a warehouse – Wayne Knox explained that there was a Planning Commission meeting earlier regarding the use of the former Food Lion building. The owners of the property and the realtor ensure that the building would have good use. Council Member Hodge asked about the discussion regarding the warehouse use versus the former grocery store use and how it may affect the community. Knox explained that no members or local property owners felt that the use of the property as a warehouse felt that it would have negative effects. Joe Martin of the Planning Commission said he had spoken to local business owners who also hope that those employees take advantage of their restaurants. City Manager Towarnicki explained that there would only be approximately three trucks in or out of the location each day. Council Member Lawson made a motion to set the public hearing for March 22, Vice Mayor Martin seconded the motion with all Council in favor. March 13, 2018 March 13, 2018 Consider approval of Consent Agenda - Council Member Lawson made a motion to approve the consent agenda as presented; Council Member Hodge seconded the motion with all Council Members voting in favor. March 13, 2018 Business from the Floor – Ural Harris, 217 Stuart Street asked now the proposed walking trail has changed, what happens to the property and does it stay on the tax roll. Mayor Teague explained that Henry County owns the property and until they decide what to do, it is not on the tax roll. Police Officer Eddie Cassady shared that retired Officer Jewell Hagwood passed away recently and offered his condolences to the family. Comments by members of City Council – Council Member Bowles offered condolences to the Hagwood family. Bowles explained that Fast Track was another successful event this year. She appreciated the opportunity to read to two classrooms recently. Dancing for the Arts was also a very successful event. Council Member Hodge asked where Council stands on their request to the Planning Commission for changes to the zoning policy since the Planning Commission denied Council’s request. Mayor Teague said his impression was that the Planning Commission does not feel that it is a worthy change to the zoning ordinance so they do not plan to discuss it further. Joe Martin of the Planning Commission said that Council’s request for changes to the special use permit was not clear or specific regarding “open spaces” could include a lot of things or locations. Martin explained that if Council requests the change to be made across the board that it would include considerably more legwork on behalf of the City. Martin said there was ample discussion in previous meetings as well, a motion was made but died due to no second. Mayor Teague recommended the Knox and City Manager Towarnicki get more information about what other communities are doing related to anything that would be covered in “open spaces”. Mayor Teague expressed concerns about unintended consequences related to this broad change. Hodge requests that the topic be revisited with the Planning Commission. Ural Harris expressed his main concern, stating that he does not want to see any more property bought and removed from the tax roll. Knox and Towarnicki will come back to Council with information then Council will provide specific language for the Planning Commission to review. Council Member Lawson had the opportunity to read to the Albert Harris second graders which she really enjoyed. Lawson said that the Martinsville High School after-prom BINGO fundraiser will be held Saturday at 5:00pm. Lawson asked that the Neighborhood tour March 26 be postponed since neither she nor Hodge could be present. Mayor Teague also said he enjoyed the opportunity to read to students at Clearview Elementary. Comments by City Manager – City Manager Towarnicki said the Druid Hills meeting has been rescheduled for 7:00pm March 19, 2018 at Druid Hills Elementary. The School Board meeting has been rescheduled for Monday March 19, 2018 in Council Chambers. Citizen’s academy will be held Thursday at 6:00pm in Council Chambers. City had four booths at FastTrack, he thanked those employees who helped to organize those booths and who worked each night. Kathy Vernon of the HR office spearheaded the setup. The City had close to 4500 customers without power recently due to high winds and with the exception of a few March 13, 2018 customers who had damage on their side; all residents had power back by Saturday morning. Towarnicki thanked the departments who assisted including the police department for directing traffic, fire, sheriff, public works, electric department etc. There being no further business, Council Member Lawson made a motion to adjourn the meeting; the motion was seconded by Council Member Hodge with all Council Members voting in favor. The meeting adjourned at 8:28pm. ______________________________________ ______________________________________ Karen Roberts Gene Teague Clerk of Council Mayor March 19, 2018 Dick and Willie Trail Neighborhood Informational Meeting Martinsville City Council held a community informational meeting on March 19, 2018. Those present were Mayor Gene Teague, Council Member Kathy Lawson, Vice Mayor Chad Martin, and Council Member Jennifer Bowles. Council Member Hodge was not in attendance. Staff present included City Manager Leon Towarnicki, Assistant City Manager Wayne Knox, City Attorney Eric Monday, Clerk of Council Karen Roberts, Public Works Director Chris Morris, and Police Chief Eddie Cassady. Mickey Powell of the Martinsville Bulletin was also present. The informational meeting was held at Druid Hills Elementary School, 746 Indian Trail, Martinsville, VA beginning at 7:00 PM, with Mayor Gene Teague presiding. Mayor Teague opened the meeting at 7:00 pm. The purpose of the meeting was to discuss the extension of the Dick and Willie Trail from Spruce Street to Smith River Sports Complex. Mayor Teague asked that those in attendance be respectful of others opinions and respectful of City Council Members and City Staff. Teague polled the room to see who wanted to speak as well as who was for or against the new proposal. City Council thanked residents for attending and explained that there were maps of both trail proposals throughout the room. City was made aware of the County’s plan in December 2017. At the January 9, 2018 meeting it was obvious that many residents were not happy with the trail being built so close to their home. The County began to look into acquiring additional property to allow the trail to be shifted to a different location. The City took no action on the County’s request for an easement to build a trailhead near Spruce Street. Residents and employees in support of the trail asked the City and County to pursue additional trail options. The newest proposed trail location would move the trail from behind resident homes to the front of their property in line with the street and would create a multiuse lane beside the road. The option of a trailhead will probably come back to Council in the future and the option to provide the easement is still an option. James Spivey, 1003 Country Club Drive asked if there was any research on the value of the trail in the area. Mayor Teague said a study was referenced in an article about trails in general and the economic impact. James Wilson, 1109 Country Club Drive said the width of the road now is approximately 33 feet and the recommendation width even without the multiuse path is 36 feet. Therefore there will not be sufficient space for walkers and bikers without creating a safety hazard. He asked if a study had been done relating to the blind driveways and the slower reaction of the elderly residents on that street. Wilson asked if the City was willing to add no parking zones to the side of the streets or if they are willing to lower the speed limit. The liability of property damage would be shifted to the residents if a lane is added for walking or biking. City Manager Towarnicki explained that the street is 30 feet minimum and typically March 19, 2018Neighborhood Tour and Meeting for a residential street would be 10-12 foot lanes. Even with 6 feet of walking lane, there is still an acceptable width of driving area. Hugh Gerlach, 803 Corntassel Trail explained that when his family travels they specifically look for areas that have bike trails, especially those that go through residential or wooded areas instead of through cities. Gerlach said he prefers the original plan and doesn’t understand how anyone can tell a property owner what they can or cannot do with their property even if it affects those neighbors close by. Bill Moorefield, 1424 Spruce Street Ext. said he is glad that the City Council is allowing an open dialog regarding the issue. Moorefield says he rides the trails often. He has not seen a feasibility study but he has had multiple conversations with people who visit the trail from other counties. When the trail from Stuart to Danville is complete it will bring a lot of residents to the area. Giles, Smith, 1101 Country Club Drive says his complaint is not knowing anything in December and now there seems to be some big rush to get it completed. Smith asked if the options presented are the only options available. He wants those in attendance to consider how it would feel if the trail was put in their neighborhood and brought an increase in traffic. Mayor Teague assured attendees that the County would be solely responsible for the maintenance of the trail, not the City. The County will build the trail at least to the end of Country Club Drive but from there, Council is uncertain which route the County will take. Teague feels that the County is trying to work with resident concerns. Dennis Reeves, 106 Courtney Terrace says he walks a 2 mile route each day. He is an advocate for change and says his ski club travels to the Creeper Trail in Damascus often and can confirm that there is a positive economic impact on that area. He hopes the trail will also increase the value of his property. Reeves explained that unless things are done in this area then young people will not want to return to this area. Reeves is in favor of a trailhead and especially a trail through woods. Ellen Jessee, 701 Starling Ave is supportive of the trail at either location. Trails are the way of the future especially for any City with an eye on economic development. Companies want to locate in areas that provide amenities to their employees. Jessee says she bicycles the trail with friends from other counties once a week and they will eat in a City restaurant and will shop local grocery stores before they go home. Study after study has been done and trails do not decrease land value and she knows people who purchase homes specifically because it may have trail access. Jessee says she feels much safer cycling on a trail instead of a road. Sherry Wilson, 1109 Country Club Drive thanks Crystal Cardwell and Mark Hardison for bringing this proposed trail to residents’ attention and acknowledges that it does affect their privacy and safety. Mark Hardison, 1303 Country Club thanked Council and staff for holding information meetings and would like to say if these are their only options, then he supports the second March 19, 2018 Dick and Willie Trail Neighborhood Informational Meeting option to run the trail along the road. He respects the opinions of those who are in support of the trails, he is grateful that there have been alternative options presented. Brad Kinkema is a Collinsville resident who supports the most recent option to run the trail along the road because of the terrain of the original proposed trail. Gloria Smith, 1101 Country Club Drive was the first person to build a house in that area so their children could play in the yard and have privacy. Brian Williams, 130 Plandome Court has a trail in his backyard and wanted to address Mrs. Smith’s concerns. He works for an organization that’s been building trails in this area for 13 years. In 2010, the plan was to extend the Dick and Willie trail however it would need to go through properties and those owners won’t provide an easement. There is over 18 miles of trail in Henry County. The original proposed trail has only a small section that is 17% grade which is less than the existing Silver Bell trail. The plan to extend the trail in this area has been around a long time and was designed with residents in mind. Williams said his research guarantees that trails can increase the value of homes 7-10%. Mayor Teague said he wants to see any future proposals better communicated, just because reports are out there it doesn’t mean that residents are aware of it. Jim Frith, 1200 Sam Lions Trail said a customer contacted him in relation to the importance of the trail. Frith read a statement regarding population with diabetes and the effects of exercise and cost of treatment. 55% of Martinsville residents are pre-diabetic and 30% are obese. Frith explained that he can’t get enough employees because so many residents are unable to do the job physically. He sees many people using the trail to make changes to their health. Frith begs Council to go forth with the approval of the trail. Frith asks that Council include Mr. Williams in any future trail plans. Mayor Teague read a segment relating to the Creeper Trail and its economic affect. Danny Smith, 1201 Country Club Drive is 100% for the trail and prefers to see it in front of the house instead of the back side. Smith appreciates Council taking the time to meet and work with residents. Mayor Teague explained that Council has the final say on granting the easement. Henry County has the final say on the location of the trail, however if Council grants the easement it should include requirements that could affect the County’s decision Jim Woods, 815 Clark Road took his daughter to the bike barn, rode the trail, and discussed tonight’s meeting. The peace that the trail provides is priceless and is an asset to his family. He would find the trail more enjoyable if it follows the original route. Elizabeth Walsh1336 Root Trail loves trails, especially in the woods but her concern is the runners that travel Country Club Drive on the road are being chased by dogs. Police Chief said he would be happy to address that issue with her. March 19, 2018Neighborhood Tour and Meeting John Dykes, 1915 Dundee Lane doesn’t feel that the 6 foot travel lane will work with walkers and bicyclists. He recommends that pedestrians walk on the left and ask cyclists to follow the traffic pattern. By building a trailhead, it would prevent cars from parking on the side of the road or in the cul-de-sac Crystal Caldwell, 1303 Country Club supports the trail however she doesn’t understand why the sections in the middle of the trail are not complete, why not start from one end and go through to the end. She wants information on the timeframe for completing that gap. She is more in favor of the route following the road. Council Member Bowles thanked residents for attending. She thinks everyone can agree that the trail is important to the community and the positive impact on the community. Bowles asked if the Transportation Safety Committee can look into reducing the speed limit. Public Manager Chris Morris said a road study could cost tens of thousands of dollars. No parking signs could be enforced by the police department. Mayor Teague confirmed that the City can look at approving the trailhead for Spruce Street. City Manager Towarnicki said his guess is that option 2 to move the trail back further into the woods is probably no longer an option. Teague polled the room again of who supports the Country Club street option, those that support the backside of Country Club, those that would support either option, and those who don’t want the trail built regardless. For those who live on Country Club drive only, Teague asked how many supported which option. Police Chief Eddie Cassady encouraged residents to contact them if there are problems with dogs. Mayor Teague explained that the easement would be added to the next Council meeting with those four conditions specified tonight. Mayor Teague thanked everyone for remaining civil and for their input and suggestions. The meeting adjourned at 8:40pm. ___________________________________ _______________________________ Karen Roberts Gene Teague Clerk of Council Mayor March 27, 2018 Council Meeting The regular meeting of the Council of the City of Martinsville, Virginia was held on March 27, 2018 in Council Chambers, Municipal Building, at 7:30 PM with Mayor Gene Teague presiding. Council Members present included Gene Teague, Chad Martin, Jennifer Bowles and Kathy Lawson. Sharon Hodge was not in attendance. Staff present included City Manager Leon Towarnicki, Assistant City Manager Wayne Knox, Clerk of Council Karen Roberts, Finance Director Linda Conover, Fire Chief Ted Anderson, and Deputy Police Chief Rob Fincher. Mayor Teague called the meeting to order. Following the Pledge to the American Flag and invocation by Council Member Lawson, Teague welcomed everyone to the meeting. Consider approval of minutes of January 9, 2018 Council Meeting, January 23, 2018 Council Meeting, February 8, 2018 Informational Neighborhood Meeting – Council Member Lawson made a motion to approve minutes as presented. Vice Mayor Martin seconded the motion with all Council Members voting in favor. Read and present a proclamation acknowledging the week of April 8-14, 2018 as National Library Week – Council Member Bowles read the proclamation which was presented to Betsy Haskins, Chairperson for the Blue Ridge Regional Library Board of Trustees. Haskins thanked Council for the proclamation, highlighted opportunities provided by the library and recognized staff and board members who were present. March 27, 2018 Council Meeting Read and present a proclamation recognizing April as Sexual Assault Awareness Month – Vice Mayor Martin read the proclamation and presented it to representatives of the Southside Survivor Response Center. Mary Jones stated that the proclamation is appreciated as well as Council’s support. Read and Present a proclamation acknowledging April 3, 2018 as National Service Recognition Day – Council Member Lawson read the proclamation that was presented to Julie Brown, Director of Advanced Learning on behalf of AmeriCorps members. Brown and other representatives thanked Council for their support and stated that they hope to expand their services in the near future. March 27, 2018 Council Meeting Consider adoption of a Resolution recognizing April as Fair Housing Month and expressing the City’s pledge to provide equal housing opportunities for all citizens – City Manager Towarnicki invited Wayne Knox to the podium and welcomed members of the Danville Redevelopment Housing Authority. Knox explained that this resolution is needed annually to assist with project funding and grants. Mayor Teague read the resolution. Council Member Bowles made a motion to adopt the resolution; Council Member Lawson seconded the motion with all present Council Members voting in favor. Teague presented the resolution to Terry Ferguson, Director Housing Authority. Ferguson explained that DRHA assists low-income families to purchase homes. March 27, 2018 Council Meeting 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 Willie Trail – City Manager Towarnicki recapped previous meetings regarding the proposed trail and trailhead easement. Specific conditions have been added to the easement execution by request of residents and Council. Towarnicki explained that construction of a trail in a residential area is allowed by right. Staff will be bringing recommendations for the Planning Commission regarding a Special Use Permit in situations like this at the April 10, 2018 Council meeting. Council Member Bowles made a motion to authorize the execution of the easement subject to those specified conditions; Council Member Lawson seconded the motion with all present Council Members voting in favor. Teague says the County has acknowledged that they could have done more to inform the City and residents however the trails that the County builds and maintains throughout the City and surrounding areas are an asset to the residents. Council Lawson encourages staff to have closer dialog on Section 6A of the trail. . March 27, 2018 Council Meeting March 27, 2018 Council Meeting March 27, 2018 Council Meeting Conduct a public hearing on a request from Lanier Farms, LLC for a Special Use Permit to allow the former Food Lion building located at 1000 Spruce Street to be used as a warehouse – Wayne Knox summarized the procedures taken by Community Development and the Planning Commission leading up to the public hearing. No residents have come forward with any opposition on the permit. James Coleman noted that Cougar Paws has been in the City for 10 years and the business has expanded silently during that time. Mayor Teague opened the public hearing. No one approached the podium. Teague closed the public hearing. Council Member Lawson made a motion to approve the special use permit; Vice Mayor Martin seconded the motion with the following roll call: Bowles, aye; Lawson, aye; Teague, aye; and Martin, aye. March 27, 2018 Council Meeting Hear information from the Town of Clifton Forge and Alleghany County regarding the transition of Clifton Forge from city to town – Council welcomed Stephen Bennett, Chairman of the Alleghany County Board of Supervisors who was also on the Board at the time of the reversion and Mr. Mac Campbell who was Mayor of the City of Clifton Forge at the time of the reversion agreement. The biggest challenge the City faced was the perception of residents that the City would lose something or become less than what they were before, they viewed it as a negative move. The discussions were handled by two people from the City, two people from the County discussing two concerns at each meeting. Those topics were then taken back to the remaining Board and Council members for discussion. Campbell and Bennett discussed the expense related to the reversion, the numerous meetings and suggested discussing only two issues at a time until an agreement is reached, as well as how the schools were handled under the reversion. Lawyers were engaged right up front, one firm was shared by both City and County. Both men agree that it was a positive and successful move for both Clifton Forge and Alleghany County. Residents’ taxes actually decreased although they received tax statements from both town and county. It took a few years to learn how to be a town and part of the County and not consider them as a separate entity. The Justice Department decides the voting districts, not the County. It’s a complicated process and Martinsville Council should prepare to make mistakes if the option to reversion is considered. Some positions were eliminated but no one lost their employment including the Constitutional March 27, 2018 Council Meeting office staff. They recommend not waiting until it is too late and begin the process from a point of weakness. This should be considered an opportunity to better the community as a whole. Consider approval of Consent Agenda - Council Member Lawson made a motion to approve the consent agenda as presented; Council Member Bowles seconded the motion with all Council Members voting in favor. Business from the Floor – JC Richardson Jr, Pastor of Mt Sinai Church appreciates Council inviting speakers to provide information on reversion. His concern was lack of resident information. Council Member Bowles asked if representatives from locations that have said NO to reversion could be invited to Council to share that side of the reversion topic as well. Mayor Teague said the topic has been approached with the County but has not been successful to date. Bill Moore, 1424 Spruce Street Ext thanked City Council for considering the easement for the trailhead and feels that it will be beneficial to the residents. Moore said that the reversion study online seems unfair that the County would be responsible for the expense. Comments by Members of City Council – Council Member Lawson asked the City Manager to respond to the electric outage communication. City Manager Towarnicki explained the process of incoming calls and reporting outages. The phone system is limited to the number of calls that it can receive and could give the caller a busy signal or dead air. Towarnicki said callers should be able to talk to a person, to hear a message that the City is aware of the outage and explained that staff is working to get that resolved, hopefully providing the ability to leave a voice mail or get a busy signal. The City is looking at options to address the process when residents have outages in addition to using the County Code Red March 27, 2018 Council Meeting system. The Code Red System would need to be subscribed to and the recipient must receive notices on a cell. Council Member Bowles thanked West Piedmont Planning Committee District for the assistance they provide to the City. The New Heights Foundation is offering an academic summer program in June; Bowles explained where to find applications and how to apply. Bowles wish a happy birthday to her nephew, grandmother and cousin. Mayor Teague announced the last Citizen’s Academy would be later this week. The next Council meeting will include budget presentation and work sessions will be scheduled at that time. Teague explained that Council Member Hodge was not present due to a work commitment. Vice Mayor Martin shared the 50th anniversary of Martin Luther King’s assassination and events that are planned to recognize that. Comments by City Manager – City Manager Towarnicki explained that a couple of items from the agenda were either moved to a future meeting or removed if not necessary. Each quarter Towarnicki has a City Manager breakfast with employees; he explained that employees have concerns about what a reversion would mean for the City staff. There being no further business, Council Member Lawson 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 9:28pm. ______________________________________ ______________________________________ Karen Roberts Gene Teague Clerk of Council Mayor 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. April 10, 2018 Council Meeting April 10, 2018 Council Meeting April 10, 2018 Council Meeting 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. April 10, 2018 Council Meeting April 10, 2018 Council Meeting April 10, 2018 Council Meeting April 10, 2018 Council Meeting April 10, 2018 Council Meeting April 10, 2018 Council Meeting April 10, 2018 Council Meeting April 10, 2018 Council Meeting 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  City Council Agenda Summary Date: May 8, 2018 Item No: 2. Department: City Council Issue: Present awards to Martinsville Middle School students who recently participated in Virginia Municipal League’s “If I Were Mayor Contest.” Summary: Each fall the Virginia Municipal League (VML) invites all Virginia 7th grade students to participate in its “If I Were Mayor” essay contest. The essays describe what the student would do as mayor to make their cities, towns, and counties great places to live. Martinsville Middle School’s 7th grade class submitted entries to this contest with the eventual winning essay from this region coming from Radford, Va. City Council, however, decided to recognize Martinsville’s students who participated in the contest by reviewing the essays submitted by local students and selecting the top 3 for a local 1st, 2nd, and 3rd place prize. The students who submitted the top 3 local entries will be invited to attend Council’s May 8 meeting to receive an award. Attachments: None Recommendation: Recognize the 3 Martinsville Middle School students who submitted the top 3 entries to the essay contest, and present an award to each.  City Council Agenda Summary Meeting Date: May 8, 2018 Item No: 3. Department: City Council Issue: Read and present a proclamation recognizing the week of May 6 through May 12, 2018 as National Correctional Officers and Employees Week in the City of Martinsville. Summary: At the May 8 meeting, a proclamation will be read and presented recognizing the week of May 8 – 12, 2018 as National Correctional Officers and Employees Week. A representative from the Sheriff’s Department will be present to accept the proclamation. Attachments: Proclamation Recommendations: Mayor to read and present the proclamation. No formal action by Council is necessary.  PROCLAMATION National Correctional Officers and Employees Week WHEREAS, in 1984, President Ronald Reagan signed Proclamation 5187, creating “National Correctional Officers’ Week” and each year the first full week in May is recognized to commemorate the contributions of correctional officers and personnel who work in jails, prisons, and community corrections across the country; and WHEREAS, one of the primary goals for the City of Martinsville is to provide its citizens with an effective judicial system that concentrates on quality for all of our citizens; and WHEREAS, the City of Martinsville’s dedicated correctional officers are essential to the success of our judicial process, and our correctional officers’ work includes daily exposure to a hostile environment with many of the most dangerous individuals in our society; and WHEREAS, Correctional Officers contribute daily to the protection of our citizens by housing dangerous felons in a humane environment, often at great risk to the officers’ own protection; and WHEREAS, the City of Martinsville is pleased to join with officials and distinguished correctional officers across America to recognize the achievements of these dedicated individuals. We are indebted to the International Association of Correctional Officers for continuing to emphasize the accomplishments of correctional officers worldwide; NOW, THEREFORE, for these significant reasons, I, Gene Teague, Mayor of the City of Martinsville, Virginia, do hereby proclaim May 6-May 12, 2018 as NATIONAL CORRECTIONAL OFFICERS AND EMPLOYEES WEEK in the City of Martinsville and commend this observance to all of our citizens. _____________________________ Gene Teague Mayor  City Council Agenda Summary Meeting Date: May 8, 2018 Item No: 4. Department: City Council Issue: Consider presentation of a Proclamation regarding National Police Week 2018 and Peace Officers’ Memorial Day. Summary: Martinsville City Police Department representatives will be present to accept the Proclamation Attachments: Proclamation Recommendations: Mayor to read the Proclamation and present to Police Department representatives. No formal action by Council is necessary.  PROCLAMATION NATIONAL POLICE WEEK 2018 & PEACE OFFICERS’ MEMORIAL DAY WHEREAS, the Congress and President of the United States have designated May 15 as Peace Officers’ Memorial Day, and the week in which it falls as National Police Week; and WHEREAS, the men and women of the Police Department and the Sheriff’s Department of the City of Martinsville are instrumental in creating peace of mind to all the citizenry through their many efforts to enhance public safety; and WHEREAS, it is incumbent on all our citizens to recognize, know and understand the duties, responsibilities, hazards, dedication, and sacrifices of the men and women of the Police Department and the Sheriff’s Department of the City of Martinsville, and it is also incumbent upon each law enforcement officer to serve the people by safeguarding life and property, by protecting against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and WHEREAS, the Police and Sheriff Departments of the City of Martinsville are professional organizations that remain abreast in the latest scientific applications of criminalistics; WHEREAS, I call upon all citizens of the City of Martinsville to observe May 15th as Peace Officers’ Memorial Day to honor those men and women who, through their dedicated service and courageous deeds, have lost their lives or been disabled in the performance of their duties. I especially want to recognize Martinsville Policeman George F. Carter, who lost his life in the performance of his duty on June 14, 1919 while he was attempting to apprehend gamblers. I would also like to recognize Martinsville Police Officer Jonathan Bowling who lost his life on January 26, 2005 while fighting in Iraq during Operation Iraqi Freedom. NOW THEREFORE, I, Gene Teague, Mayor of Martinsville, call upon all citizens of the City of Martinsville and upon all patriotic, civic and educational organizations to observe the week of May 13 through May 19, 2018, as National Police Week with appropriate ceremonies in which all our people may join in recognizing the women and men, both past and present, who by their faithful and loyal service and devotion to their charge have rendered a dedicated service to our community and the citizens within it, and in performing these duties have established an enduring reputation for preserving the rights and security of all the citizens of Martinsville. _________________________________ M. Gene Teague Mayor  City Council Agenda Summary Date: May 8, 2018 Item No: 5. Department: City Council Issue: Read and present a proclamation recognizing May, 2018 as National Bike Month, May 14 – 18, 2018 as National Bike Week, and May 18, 2018 as Bike to Work Day. Summary: May is National Bike Month, sponsored by the League of American Bicyclists and celebrated in communities from coast to coast. Established in 1956, National Bike Month is a chance to showcase the many benefits of bicycling — and encourage more people to giving biking a try as a means of transportation, recreation, and fitness. Representatives from the Henry County Bike Club will be attending Council’s meeting to accept the proclamation and provide brief remarks regarding the Club and their activities. Attachments: Proclamation Recommendation: No action by Council needed - the Mayor will read and present the proclamation.  PROCLAMATION National Bike Month May, 2018 National Bike Week May, 14 – 18, 2018 National Bike to Work Day, May 18, 2018 WHEREAS, citizens and visitors of all ages engage in bicycling for transportation, recreation, fitness, and sport throughout our community; and WHEREAS, bicycling offers a unique perspective from which our community’s scenic beauty and culture can be discovered; and WHEREAS, using a bicycle as a mode of transportation helps to reduce pollution and congestion and improve cyclists’ health; and WHEREAS, the Martinsville and Henry County area has a growing number of cycling enthusiasts who are frequently observed biking along the streets and highways, back roads, and trails ; and WHEREAS, the Henry County Bike Club, an active local non-profit organization that has been in existence since 2008, regularly schedules rides and events throughout our area for all levels of participants; NOW THEREFORE, I, Gene Teague, Mayor of the City of Martinsville do hereby proclaim May, 2018 as National Bike Month, May 14 – 18, 2018 as National Bike to Work Week, and May 18, 2018 as Bike to Work Day and I urge all citizens in Martinsville to consider participating in age and skill- appropriate biking activities as a source of transportation, recreation, and fitness. _________________________________ M. Gene Teague Mayor  City Council Agenda Summary Meeting Date: May 8, 2018 Item # 6. Department: Fire & EMS/Inspections Issue: Every year, May is Building Safety Month, a public awareness campaign to help individuals, families and businesses understand what it takes to create safe and sustainable structures. The campaign reinforces the need for adoption of modern, model building codes, a strong and efficient system of code enforcement and a well-trained, professional workforce to maintain the system. The campaign is presented by the International Code Council and its 64,000 members worldwide along with a diverse partnership of professionals from the building construction, design and safety community. Corporations, government agencies, professional associations, nonprofits and more come together to support Building Safety Month because they understand the need for safe and sustainable structures where we live, work and play. Attachments: Proclamation Recommendation: Read and present the proclamation.  Proclamation Building Safety Month Proclamation – May 2018 WHEREAS, the City of Martinsville, Virginia is committed to recognizing our growth and strength depends on the safety and economic value of the homes, buildings and infrastructure that serve our citizens, both in everyday life and in times of natural disaster, and; WHEREAS, our confidence in the structural integrity of these buildings that make up our community is achieved through the devotion of vigilant guardians––building safety and fire prevention officials, architects, engineers, builders, tradespeople, design professionals, laborers and others in the construction industry––who work year-round to ensure the safe construction of buildings, and; WHEREAS, these guardians are dedicated members of the International Code Council, a U.S. based organization, that brings together local, state and federal officials that are experts in the built environment to create and implement the highest-quality codes to protect us in the buildings where we live, learn, work, worship, play, and; WHEREAS, our nation benefits economically and technologically from using the International Codes® that are developed by a national, voluntary consensus codes and standards developing organization, our government is able to avoid the high cost and complexity of developing and maintaining these codes, which are the most widely adopted building safety and fire prevention codes in the nation; these modern building codes include safeguards to protect the public from natural disasters such as hurricanes, snowstorms, tornadoes, wildland fires, floods and earthquake; and; WHEREAS, Building Safety Month is sponsored by the International Code Council to remind the public about the critical role of our communities’ largely unknown guardians of public safety––our local code officials––who assure us of safe, efficient and livable buildings that are essential to keep America great, and; WHEREAS, “Building Codes Saves Lives” the theme for Building Safety Month 2018, encourages all Americans to raise awareness of the importance of building safe and resilient construction; fire prevention; disaster mitigation, and new technologies in the construction industry. Building Safety Month 2018 encourages appropriate steps everyone can take to ensure that the places where we live, learn, work, worship and play are safe, and recognizes that countless lives have been saved due to the implementation of safety codes by local and state agencies, and, WHEREAS, each year, in observance of Building Safety Month, Americans are asked to consider the commitment to improve building safety and economic investment at home and in the community, and to acknowledge the essential service provided to all of us by local and state building departments, fire prevention bureaus and federal agencies in protecting lives and property. NOW, THEREFORE, I, Gene Teague, Mayor of the City of Martinsville, Virginia, do hereby proclaim the month of May 2018 as Building Safety Month and I encourage our citizens to recognize the importance of local building code enforcement in making our City better for all. ____________________________________ Gene Teague, Mayor  City Council Agenda Summary Date: May 8, 2018 Item No: 7. Department: City Council Issue: Read and present a proclamation recognizing May 6 – 12, 2018 as Public Service Recognition Week. Summary: Celebrated the first week of May since 1985, Public Service Recognition Week (PSRW) is organized annually by the Public Employees Roundtable (PER) and its member organizations to honor the men and women who serve our nation as federal, state, county and local government employees. Attachments: Proclamation Recommendation: No action by Council needed - the Mayor will read and present the proclamation.  PROCLAMATION Public Service Recognition Week May 6 – 12, 2018 WHEREAS, Americans are served every single day by public servants at the federal, state, county and city levels. These unsung heroes do the work that keeps our nation working; and WHEREAS, Public employees take not only jobs, but oaths; and WHEREAS, Many public servants, including military personnel, police officers, firefighters, border patrol officers, embassy employees, health care professionals and others, risk their lives each day in service to the people of the United States and around the world; and WHEREAS, Public servants include teachers, doctors and scientists . . .train conductors and astronauts . . . nurses and safety inspectors . . . laborers, computer technicians and social workers . . and countless other occupations. Day in and day out they provide the diverse services demanded by the American people of their government with efficiency and integrity; and WHEREAS, Without these public servants at every level, continuity would be impossible in a democracy that regularly changes its leaders and elected officials; NOW THEREFORE, I, Gene Teague, Mayor of the City of Martinsville do hereby acknowledge and proclaim that May 6 – 12, 2018 is Public Service Recognition Week and I call upon all citizens to recognize the accomplishments and contributions of government employees at all levels — federal, state, county and city. _________________________________ M. Gene Teague Mayor  City Council Agenda Summary Meeting Date: May 8, 2018 Item No: 8. Department: City Council Issue: Continue the Public Hearing on the FY18-19 Budget and consider approval of FY19 Budget Ordinance on second reading. Summary: Attached is the summary of the 2018-19 Budget in ordinance form, with revisions from Council actions from the budget work sessions and Council’s last meeting on April 24th. Attachments: 2019 Budget Ordinance Recommendations: Approval on second reading with roll call vote.  SUMMARY STATEMENT OF BUDGET ESTIMATES 2018-2019 (Rev. 4/25/18) PROJECTED BUDGETED CHANGES FUND REVENUES EXPENDITURES FUND BALANCE General $29,258,832 $30,900,893 ($1,642,061) Meals Tax $2,187,978 $2,287,978 ($100,000) Capital Reserve $959,021 $1,059,021 ($100,000) Refuse $2,242,000 $2,442,000 ($200,000) Telecommunications $1,931,728 $1,931,728 $0 Water $3,599,279 $4,223,949 ($624,670) Sewer $4,154,512 $4,689,210 ($534,698) Electric $21,018,640 $21,453,640 ($435,000) Cafeteria* $1,501,862 $1,680,362 ($178,500) School Operating** $22,547,099 $22,547,099 $0 CDBG $10,930 $300 $10,630 TOTALS: $89,411,881 $93,216,180 ($3,804,299) *Cafeteria - Provided by School Personnel **School Operating - As recommended by City Manager Tax Rates (unchanged): Real Estate: $1.0621 per $100 assessed value Personal Property: $2.30 per $100 assessed value Machinery & Tools: $1.85 per $100 assessed value Proposed for Electric: Increase in Power Cost Adjustment (PCA) of $.00556; average increase of 4.64% Adjustments: General Fund: Park. Lot Rent: (3,300) Adj. LODA Ins.: (3,480) Add Laserfiche Exp: 13,880 Add VML Dues: 7,900 Total Expense Adj's: 15,000 Adj. Fees Revenue: 15,000 Net Adjustments: 0 ********************** ****************** Sewer Fund: Remove Cap. Exp.: (125,000) Net Adjustment: (125,000)  City Council Agenda Summary Meeting Date: May 8, 2018 Item No: 9. Department: Community Development Issue: Conduct a public hearing regarding an amendment to the City’s Zoning Ordinance related to the issue and use of open space. Summary: At Council’s April 10, 2018 meeting, staff presented some recommendations regarding possible changes to the City’s Zoning Ordinance with the intent to expand the definition of open space to include a public use category. The expanded definition could result in future requests for usage of public open space to require adhering to a special use permit process. After discussion, Council voted to pass the specific recommendation along to the Planning Commission for their review and to consider a possible joint public hearing on the matter for Council’s May 8 meeting. The Planning Commission considered the matter at their April 19th meeting and after much discussion, voted 4 -1 to recommend that the Zoning Ordinance remain as is, with no changes to the current definition of open space. At the April 24th meeting, City Council set a public hearing for May 8th, to consider a possible change suggested by staff that adds a new definition to the Zoning Ordinance “Open Space, Public” that provides for staff review of future open space projects under certain circumstances. Attachments: Suggested revisions to the open space definition as presented at Council’s April 10 meeting. Recommendations: Conduct the public hearing. Given the interest expressed by Council in regard to how the process related to the extension of the D & W Trail occurred, staff recommends adoption of the ordinance on first reading (roll call vote) subject to any revisions/changes that may occur as a result of the public hearing. The suggested revision ensures an opportunity for a staff review process for future open space projects.  ORDINANCE 2018-Z-1 Zoning, Defining Open Space BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in regular session held on May 22, 2018 that Appendix B, Section II of the City Code, the Zoning Ordinance, be amended as follows: Repealing and reenacting the definition of “open space,” to read as follows: 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 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, 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. Enacting a new definition, “open space, public,” reading as follows: OPEN SPACE, PUBLIC– any open space which is dedicated or conveyed to (a) the City or to (b) by any other individual or entity for use by the general public as open space. In all instances involving ownership under (b), open space which does not adjoin any contiguous parcels shall remain a use by right; for any open space adjoining any contiguous parcel, however, a description with supporting documentation of any such open space shall be submitted Zoning Administrator for review. The Zoning Administrator shall enjoy discretionary authority to, after due consideration of the 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 a special use permit. ******* Attest: ________________________________ Karen D. Roberts, Clerk of Council ____________________ ___________________ Date Adopted Date Effective  City Council Agenda Summary Date: May 8, 2018 Item No: 10. Department: City Council Issue: Consider approval of a lease granting Piedmont Community Services use of the City-owned former Housing Office/Police Academy located at 605 Fourth Street. Summary: In September, 2017, the City received an expression of interest from Piedmont Community Services regarding use of the former Housing Office and Police Academy located at 605 Fourth Street. The building has been vacant since 2016 except for use as storage and as voting precinct 001 during elections. A number of discussions between City staff and PCS representatives have occurred since that time; a number of site visits have taken place, and on February 8, 2018, a neighborhood meeting was held at Albert Harris Elementary School for the purpose of presenting information regarding PCS’s intended use. For this meeting, approximately 900 letters were mailed to registered voters of the Housing Office precinct and approximately 50 people attended the meeting. At the meeting, PCS Executive Director Mr. Greg Preston explained in detail their intended use of the property and also answered questions from those who attended. Questions regarding continuation of the site as a voting precinct were answered and overall, there was no objection to the intended use, although there were a number of questions regarding the adjacent and unused park space. At that meeting it was noted that if plans proceeded further, at some future point the issue would be placed back on Council’s agenda for consideration. Since the February 8 meeting, PCS has continued with interest in the property, specifically a lease, and PCS staff and contractors have visited the site on a number of occasions to determine possible space usage. Arrangements are currently being made for alternate voting equipment storage and work is underway to remove files and other materials stored in the building, all moving toward a possible June 1 occupancy by PCS. In recent weeks staff and PCS representatives have met to discuss possible lease details and attached for Council’s consideration, is a suggested lease document. Essentially the lease details include a (1) a June 1, 2018 occupancy; (2) lease amount of $1,500/month ($18,000 annually); (3) credit toward lease payment of costs incurred by PCS related to cleanup and/or prepping the building for occupancy including such items as painting, replacing carpeting, etc. Space build- out as might be needed to suit specific PCS needs is not included, and any credit is conditional upon appropriate receipts to verify costs; (4) the landlord (City) continues to remain responsible for typical landlord matters, including but not limited to repairs/maintenance of the roof and major building systems such as HVAC, electrical, plumbing, etc.; (5) the lease is an annual 12 month automatically renewing terms unless cancelled by either party with 90 days written notice prior to the end of each June 30 term; (6) PCS is responsible for regular building maintenance and utilities; (7) the adjacent park property is not included in the lease since it has been determined the property is still school-owned; (8) should PCS decide to purchase the property in the future, the property will be appraised and credit given toward the purchase price of lease payments made by PCS, less any major maintenance or capital costs incurred by the City. Any such sale shall be required to follow the appropriate public hearing process by City Council for disposition of property; and (9) the building will continue to be used for voting with access to the building for purposes of set-up/voting day/take- down to consist of the day before, the day of, and the day after an election date. Attachments: Lease document Recommendations: The intended use by PCS is a low-impact and suitable use for this property, compatible with the surrounding neighborhood, and PCS has agreed to allow continuation of voting at the site. The recommendation is that Council authorize staff to execute the lease document. 2  LEASE This Lease with option to purchase is made this ______ day of May, 2018, by and between Piedmont Community Services, Inc. a Virginia nonstock, nonprofit corporation of Martinsville, Virginia, referred to herein as “Lessee”, and the City of Martinsville, a Virginia municipal corporation of Martinsville, Virginia, referred to herein as “Lessor”. WITNESSETH: WHEREAS, Lessor is the owner of a certain parcel or tract of land in the City of Martinsville, located at 605 Fourth Street, and the City of Martinsville desires to lease same with option for purchase, at the end of one year of renting with the mutual promises of the parties and the consideration and covenants set out herein, it is agreed as follows: 1. Premises: The subject premise is that certain tract located in the City of Martinsville known as 605 Fourth Street, Martinsville, Virginia. Specifically excluded is the playground located within the curtilage of the premises, which is not owned by Lessor. 2. Term: The term of this Lease shall be one (1) year beginning with the first day of July, 2018 and ending on the last day of June, 2019. Notwithstanding the foregoing, Lessee shall occupy the premises June 1, 2018, subject to the terms hereof. This Lease shall automatically renew unless notice of intention to not renew is delivered by either party to the other at least 90 days in advance of the end of the term. Either party may terminate this Lease at any time by giving ninety (90) days written notice to the other party. 3. Rent: The rent for the subject premises shall be ONE THOUSAND FIVE HUNDRED Dollars ($1,500.00) per month, payable on the first of each month and beginning with the month of June, 2018. Lessee shall enjoy an option to purchase subject premises upon 90 days notice to Lessor; the purchase price shall be the then existing appraised value of the premises, plus 5%, plus any maintenance costs incurred by Lessor as mandated by Section 4 hereof. Any lease payments tendered by Lessee to Lessor prior to the exercise of said option shall be applied to the purchase price. Lessee shall bear the cost for all utility services to the premises. Lessee may be given credit toward lease payments at Lessor’s discretion, for any improvement costs incurred by Lessee, upon submission of receipts for Lessor’s review and approval. 4. Maintenance: Maintenance, security and repair of the subject premises is solely and exclusively the duty and responsibility of Lessee, which accepts the subject premises “as is.” Lessor shall have no duty of any kind to either improve or maintain the premises with the exception of maintenance repairs to the roof, structural integrity, or utility systems of the structure located upon the premises. Prior to erecting any partition walls within said structure or signage upon said structure, Lessee shall obtain prior written approval of Lessor, which shall not be unreasonably withheld. 5. Use as Polling Site: Lessee acknowledges Lessor may continue to use the premises as a poling site. Lessee shall, for the day preceding, the day of and the day following any general, special, or primary election—vacate such portion of the premises as may be necessary for the conduct of such election and shall allow access by the general public and the General Registrar of the City of Martinsville, her agents, employees and assigns. To the extent any disagreement between Lessee and Lessor as to which portions of the premises are necessary for the conduct and any such election, the decision of the General Registrar shall govern.  6. Liability and Indemnity: Lessee agrees to maintain liability coverage on the premises and to be solely and exclusively responsible for any and all liability arising out of or from the use of the subject premises for any incident or accident during the term of this Lease, but this language is not to be construed as relieving any person who suffers either property damage or personal injury arising out of or from the use of the subject premises from proving a case of liability against Lessee. Lessee shall defend, indemnify and hold Lessor harmless for any claim of any kind or nature relating to the subject premises during the term of this Lease. Lessor shall maintain casualty coverage on the premises; Lessee shall be responsible for casualty coverage on Lessee’s personalty located upon the premises; Lessor shall bear no responsibility for loss or damage to any such personalty under any circumstances. 7. Complete Agreement: This document contains the entire agreement of the parties and may amended only by a written document signed by all parties. LESSEE:_____________________________ _____________________________ LESSOR: THE CITY OF MARTINSVILLE By: _____________________________ _____________________________  City Council Agenda Summary Meeting Date: May 8, 2018 Item No: 11. Department: City Attorney Issue: Hear information from the City Attorney regarding the City’s delinquent collection process. Summary: At the May 8 Council meeting, the City Attorney will present information regarding the process related to collection efforts for delinquent taxes and other fees/collectibles owed to the City. Attachments: None. Information will be presented at the meeting. Recommendations: Presented for information purposes and discussion.  City Council Agenda Summary Meeting Date: May 8, 2018 Item No: 12. Department: Finance Issue: Transfer Approval/Consent Agenda Summary: The attachment amends FY18 Budget a transfer from General Fund to Capital Reserve Fund, and budget additions in the following funds: General Fund: $12,204 – Reimbursements, Sponsorships, Donations, & Grants Capital Fund: $18,050 – Transfer Attachments: Consent Agenda 5-8-18 Recommendations: Approve  BUDGET ADDITIONS - TRANSFER & APPROPRIATION May 8, 2018 ORG OBJECT DESCRIPTION DEBIT CREDIT FY18 INTERFUND TRANSFER: 01812242 506040 Miscellaneous Expense - WPBDC Program 18,050 16103937 451590 Transfer from General Fund 18,050 Transfer of annual WPBDC contribution to assist with building renovations. Total Interfund Transfers: 18,050 18,050 CAPITAL RESERVE FUND: 16103937 451590 Transfer from General Fund 18,050 16577367 508181 Physical Plant Expansion - WPBDC Building 18,050 Assistance with building renovations Total Capital Reserve Fund: 18,050 18,050 GENERAL FUND: 01100909 490104 Advanced/Recovered Costs 242 01321102 505230 Fire Dept - Telecommunications 242 Reimbursement from return of old cell phones 01100908 480406 Miscellaneous - Donations/Recreation 250 01711210 506007 Recreation - Equipment & Supplies 250 Sponsorship Fees 01100904 441104 Fines/Forfeitures - E-Summons 137 01311085 506139 Police Dept - E-Summons Equipment 137 Appropriate excess revenues 01100908 480420 Miscellaneous - Donations/Senior Citizens 1,800 01714212 506016 Senior Services - Program Supplies 1,800 Health Fair Donation 01100909 490801 Recovered Costs - Senior Services 1,658 01714212 501300 Senior Services - Part-time Wages 1,091 01714212 502100 Senior Services - Social Security 68 01714212 502110 Senior Services - Medicare 16 01714212 506049 Senior Services - Vehicle Fuels 483 Transportation Grant - Jan. through March 01100909 490104 Advance/Recovered Costs 5,240 01331108 501300 Sheriff/Corrections - Part-time & Temporary Wages 3,880 01331108 502100 Sheriff/Corrections - Social Security 240 01331108 502110 Sheriff/Corrections - Medicare 56 01331108 506008 Sheriff/Corrections - Vehicle Equipment & Maint. 776 01331110 506200 Sheriff/Annex - Prisoner Allowance 288 Reimbursement from Henry County for litter pickup - Jan-March 01102925 436142 Non-categorical Federal - US Marshals OT Grant 2,877 01311085 501200 Police Dept - Overtime 2,877 Grant funding Oct-March Total General Fund: 12,204 12,204