City Council

AGENDA--CITY COUNCIL -- CITY OF MARTINSVILLE, VIRGINIA Council Chambers – Municipal Building 7:00 pm Closed Session 7:30 pm Regular Session Tuesday, November 13, 2018 7:00 pm --Closed Session Items to be considered in Closed Session, in accordance with the Code of Virginia, Title 2.2, Chapter 37—Freedom of Information Act, Section 2.2-3711(A)—Closed Meetings, the following: A. Appointments to Boards and Commissions as authorized by Subsection 1. B. Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, as authorized by Subsection 3. 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 from the September 25, 2018 Council Meeting and the September 26, 2018 Work Session. (2 mins) 2. Read and present a proclamation recognizing Saturday, November 24, 2018 as Small Business Saturday in the City of Martinsville. (5 mins) 3. Hear public comment on proposed rental property inspection program (15 mins) 4. Hear an update from the City’s Human Resources Office regarding a summary of application/hiring data for the period from January 1, 2017 through June 30, 2018 (15 mins) 5. Consider discussion of the City’s 2019 Legislative Agenda. (15 mins) 6. Consider information related to the 2019 Comprehensive Economic Development Strategy (CEDS) list. (10 mins) 7. Consider approval of consent agenda. (2 mins.) 8. Business from the Floor This section of the Council meeting provides citizens the opportunity to discuss matters, which are not listed on the printed agenda. Thus, any person wishing to bring a matter to Council’s attention under this Section of the agenda should: (1) come to the podium and state name and address; (2) state the matter that they wish to discuss and what action they would like for Council to take; (3) limit remarks to five minutes; (4) refrain from making any personal references or accusations of a factually false and/or malicious nature. Persons who violate these guidelines will be ruled out of order by the presiding officer and will be asked to leave the podium. Persons who refuse to comply with the direction of the presiding officer may be removed from the chambers. 9. Comments by members of City Council. (5 minutes) 10. Comments by City Manager. (5 minutes)  City Council Agenda Summary Meeting Date: November 13, 2018 Item No: 1. Department: Clerk of Council Issue: Consider approval of minutes Summary: None Attachments: September 25, 2018 Council Meeting September 26, 2018 Work Session Recommendations: Motion to approve minutes as presented. September 25, 2018 Council Meeting The regular meeting of the Council of the City of Martinsville, Virginia was held on September 25, 2018 in Council Chambers, Municipal Building, at 7:30 PM with Mayor Gene Teague presiding. Council Members present included Gene Teague, Jim Woods, Jennifer Bowles, Kathy Lawson and Chad Martin. Staff present included City Manager Leon Towarnicki, Assistant City Manager Wayne Knox, City Attorney Eric Monday, Clerk of Council Karen Roberts, Deputy Police Chief Rob Fincher, Community Planner Susan McCulloch, Sheriff Steve Draper, Major Laura Hopkins, and Finance Director Linda Conover. Following the Pledge to the American Flag and invocation by Vice Mayor Martin, Teague welcomed everyone to the meeting. Council Member Kathy Lawson made a motion to recommend the Circuit Court to reappoint Page Brockenbrough to the Board of Zoning Appeals for a term ending September 26, 2023; Council Member Bowles seconded the motion with all Council Members voting in favor. Hear an overview of the September 24, 2018 Druid Hills/Uptown Neighborhood Tour and Meeting – City Manager Towarnicki summarized the neighborhood tour route and the properties and areas of concern that were visited by Council Members. Towarnicki detailed several resident concerns expressed during the neighborhood meeting. Those concerns were forwarded to the appropriate City departments for follow up. Consider adoption of a memorial resolution for Rev. Dr. David Adkins – Mayor Teague said the Rev. Adkins was committed to the betterment of the community. City Attorney Monday shared fond memories of Rev. Adkins and said Adkins was a man easily admired. Monday read the resolution which was presented to his widow on behalf of City Council. Vice Mayor Martin said that Adkins had a quiet, sweet spirit and it was an honor to work with him. September 25, 2018 Council Meeting Consider presentation of a proclamation recognizing October, 2018 as Domestic Violence Awareness Month – Vice Mayor Martin read the proclamation which was presented to Warren Rodgers, Executive Director of the Southside Survivor Response Center. Rodgers thanked Council and appreciates the support of the Community. Rodgers explained the organization accepts volunteers and donations, they involve interns from local colleges. Conduct a public hearing on a request by Planning Commission for a Zoning Text Amendment to modify the requirements of the Architectural Review Board’s membership – Susan McCulloch summarized the need for the public hearing. The Planning Commission has voted and recommends Council allow the provision to remain regarding waiver of membership requirements. Mayor Teague opened the public hearing. No one approached the podium so the hearing was closed. Council Member Lawson made a motion to approve the ordinance on first reading with the amendment as presented; Vice Mayor Martin seconded the motion with the following roll call vote: Council Member Lawson, aye; Mayor Teague, aye; Vice Mayor Martin, aye; Council Member Woods, aye; and Council Member Bowles, aye. September 25, 2018 Council Meeting Hear information from Pamela Carter-Taylor, Coordinator of Advanced Manufacturing at New College Institute regarding an upcoming Employability Workshop to be held at NCI on September 27, 2018 – Carter-Taylor provided a PowerPoint and detailed information regarding the upcoming Employability Workshop including courses and assessments, organization, path models, etc. Currently, there are 35 students involved but several local industries are looking to offer the courses to employees. 1,000 seats are split between NCI and two other higher- education locations in the area, NCI has 250 seats available. They are looking at expending the program into other languages and other areas of training. Students can sign out a laptop on NCI premises if they do not have access to a computer or internet at home. September 25, 2018 Council Meeting September 25, 2018 Council Meeting September 25, 2018 Council Meeting September 25, 2018 Council Meeting Hear an update from the Sheriff’s Department on the City jail – City Manager Towarnicki said he’s talked daily to the Sheriff’s Department about issues at the jail, specifically overcrowding in the jail which causes almost daily transport to other facilities. The impact to the budget can be substantial over time. Sheriff Steve Draper gave Council a brief overview about the building, which was originally built to house 36 male inmates. There is a co-ed medium security facility on the property that will house 48 male and female inmates. The City Farm is a minimum-security facility and can house 44 males. There is a daily September 25, 2018 Council Meeting average of 142 inmates with an average of 20-30 being housed at other localities on a regular basis. Major Laura Hopkins explained a 12% increase since FY2015. The Sheriff’s Department paid out $20,475 to house 19 inmates at a different facility in August 2018. Towarnicki explained that the Sheriff’s Department budget is typically underspent each year. If this over population continues to be a trend then any savings related to the budget underspending will be used up pretty quickly. The budget is very tight; the cost to cover this expense could become a fund balance issue. 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 – Ural Harris, 217 Stuart Street expressed concern about the City’s credibility and how the County residents will have any faith in the City’s transparency with the ongoing issues related to the medical school. Before the City gets into a reversion discussion, the medical school concerns should be resolved. September 25, 2018 Council Meeting Comments by Members of City Council – Council Member Bowles shared details about Community Resource Day on Saturday 11:00am-3:00pm and invited the public. OctoberFest is October 6 11:00am-5:00pm. Bowles shared that Lunch with a Cop today was successful and thanked the Police Department for being available. A resident expressed concern to Bowles regarding clogged drains in the City and asked if it is possible to install netting to reduce the amount of trash and debris that washes into the drain. Towarnicki explained that applying netting to the drains would only complicate the drainage concern. Bowles asked Towarnicki to investigate what other communities are doing related to netting storm drains. Vice Mayor Martin thanked residents for attending the Neighborhood meeting last night. Council Member Woods was able to attend the neighborhood watch meeting and was overwhelmed at the number of people who attended. Woods said seeing the job that the Police Department is doing to reach out to the community was amazing. Citizens can ride-along with an officer if they are willing to sign a waiver so they can see the work they do. Council Member Lawson shared that October 6 is Hazardous Waste Day. October 16 from 9:00am- 1:00pm will be a pesticide collection day at Southern States and the Martinsville Race is Saturday. Mayor Teague said there would be visitors to the community for the race this weekend and asked residents to represent the community and welcome those visitors Comments by City Manager – Towarnicki summarized the citizen survey handled by the Police Department in the local communities. Officers has collected over 1,200 responses with a few days left to accept those. The officers are going door-to-door with the surveys. The City and County are accepting nominations for the Outstanding Veteran Award; nomination forms can be accessed through the City’s website and will be accepted in the City Manager’s office through October 12. The Outstanding Veteran Award will be given at the Veteran’s Day assembly. City Attorney Monday encouraged citizens to vote for the annual Partners in Preservation. Out of fifteen projects, two are in our immediate area – one in Danville and one in Greensboro. Google VOTE MY MAIN STREET for details. There being no further business, Council Member Bowles made a motion to adjourn the meeting; the motion was seconded by Vice Mayor Martin with all Council Members voting in favor. The meeting adjourned at 9:00 pm. ______________________________________ ______________________________________ Karen Roberts Gene Teague Clerk of Council Mayor September 26, 2018 Work Session The work session meeting of the Council of the City of Martinsville, Virginia was held on September 26, 2018 in Council Chambers, Municipal Building, at 7:00 PM with Mayor Gene Teague presiding. Council Members present included Gene Teague, Jim Woods, Jennifer Bowles, Kathy Lawson and Chad Martin. Staff present included City Manager Leon Towarnicki, Assistant City Manager Wayne Knox, City Attorney Eric Monday, Clerk of Council Karen Roberts, Police Chief Eddie Cassady and Finance Director Linda Conover. Mayor Teague called the meeting to order and advised Council would go into Closed Session beginning at 6:00 PM. In accordance with section 2.1-344 (A) Code of Virginia (1950, and as amended) and upon a motion by Council Member Lawson, seconded by Council Member Bowles with the following 5-0 recorded vote: Council Member Bowles, aye; Mayor Teague, aye; Council Member Woods, aye; Council Member Lawson, aye; and Vice Mayor Martin, aye. Council convened in Closed Session to discuss the following matters: (A) Consultation with legal counsel and briefings by staff members, attorneys or consultants pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by such counsel, as authorized by Subsection 7. At the conclusion of Closed Session, each returning member of Council certified that (1) only public business matters exempt from open meeting requirements were discussed in said Closed Session; and (2) only those business matters identified in the motion convening the Closed Session were heard, discussed, or considered during the Session. A motion was made by Council Member Bowles; seconded by Council Member Lawson, with the following 5-0 recorded vote in favor to return to Open Session: Council Member Bowles, aye; Mayor Teague, aye; Council Member Woods, aye; Vice Mayor Martin, aye; and Council Member Lawson, aye. No action was taken from Closed session. Conduct a work session on reversion – City Manager Towarnicki presented information related to the previous studies on Martinsville City reversion. September 26, 2018 Work Session September 26, 2018 Work Session Linda Conover went over projected versus actual financial documentation. September 26, 2018 Work Session September 26, 2018 Work Session Mayor Teague supports the need for an additional meeting to go over the study and other information in more depth. Teague supports an updated study, which could be close to $20,000 more. Teague asked if Monday and Towarnicki could build an RFP before they update the summary. Council prefers to hold another work session and meet with Robinson Farmer Cox to talk about the assumptions Council prefers to see in the next study. City Attorney Monday explained that state law requires an updated study before Council can petition for reversion. 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 8:10pm. ______________________________________ ______________________________________ Karen Roberts Gene Teague Clerk of Council Mayor  City Council Agenda Summary Meeting Date: November 13, 2018 Item No: 2. Department: City Council Issue: Read and present a proclamation recognizing Saturday, November 24, 2018 as Small Business Saturday in the City of Martinsville. Summary: Women Impacting Public Policy (WIPP) and the Small Business Saturday Coalition have contacted the City seeking support for Small Business Saturday, the national effort to encourage consumers to shop at local independently owned businesses on the Saturday after Thanksgiving, November 24, 2018. Falling between Black Friday and Cyber Monday, Small Business Saturday is essential to the preservation of the neighborhoods that compose the landscape of local economies and enrich the unique cultures. In 2017, Mayors and City Officials joined together to support Small Business Saturday. Below are some highlights of the success created last year:  An estimated four-in-ten (43%) American adults shopped or dined small or Small Business Saturday in 2017.  Elected officials in all 50 states and Washington, D.C., championed Small Business Saturday.  More than 7,200 Neighborhood Champions around the country rallied local businesses and created events and activities in their communities.  575 small business advocate groups joined the Small Business Saturday Coalition, up 18 percent from 2016.  Nearly 100 companies, including Grubhub, Etsy, Ace Hardware, Square, FTD and Liberty Mutual Insurance came together to promote Small Business Saturday and the Shop Small movement. Lisa Fultz of the MHC Chamber of Commerce will attend Council’s meeting to accept the proclamation and provide information about efforts locally to promote Small business Saturday. Attachments: Proclamation Recommendations: The Mayor will read and present the proclamation.  PROCLAMATION SMALL BUSINESS SATURDAY NOVEMBER 24, 2018 WHEREAS, the government of Martinsville, Virginia celebrates our local small businesses and the contributions they make to our local economy and community; according to the United States Small Business Administration, there are currently 30.2 million small businesses in the United States, they represent 99.7 percent of all businesses with employees in the United States, are responsible for 65.9 percent of net new jobs created from 2000 to 2017; and WHEREAS, small businesses employ 47.5 percent of the employees in the private sector in the United States; and WHEREAS, 90% of consumers in the United States say Small Business Saturday has had a positive impact on their community; and WHEREAS, 89% of consumers who are aware of Small Business Saturday said the day encourages them to Shop Small all year long; and WHEREAS, 73% of consumers who reportedly Shopped Small at independently-owned retailers and restaurants on Small Business Saturday did so with friends or family; and WHEREAS, the most reported reason for consumers aware of the day to shop and dine at small, independently-owned businesses was to support their community (64%); and WHEREAS, Martinsville, Virginia supports our local businesses that create jobs, boost our local economy and preserve our communities; and WHEREAS, advocacy groups, as well as public and private organizations, across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday. NOW, THEREFORE, I, Gene Teague, Mayor of Martinsville, Virginia do hereby proclaim, November 24, 2018, as: SMALL BUSINESS SATURDAY And urge the residents of our community, and communities across the country, to support small businesses and merchants on Small Business Saturday and throughout the year. ____________________________________ Gene Teague Mayor  City Council Agenda Summary Date: November 13, 2018 Item No: 3. Department: City Council Issue: Hear public comment on a proposed rental property inspection ordinance. Summary: Following several incidents of reported unsafe rental properties, Council requested staff to develop rental inspection program for their consideration. Attached is a draft ordinance for consideration, the basic framework of which is modelled after an ordinance used successfully in Blacksburg, Va. for a number of years. Several meetings have been held with the local Property Managers Association and their input has been most helpful is moving this forward. Changes suggested by the PMA to the original draft RPI ordinance developed by staff have been incorporated. Martinsville’s proposed ordinance is complaint-driven. Representatives of the Property Managers Association are expected to attend Council’s meeting and may desire to comment. Attachments: Draft rental property inspection ordinance. Recommendations: Hear and consider public comment. Modify the draft ordinance as Council deems appropriate and either consider adoption of the ordinance on first reading with roll-call vote, or carry the matter over to Council’s November 27th meeting for further discussion.  CITY OF MARTINSVILLE, VIRGINIA ORDINANCE NO. 2018-5 BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in Regular Session held on November 13, 2018, that Chapter 6 of the City Code be, and hereby is, amended to add a new Article III, Sections 6-22 through 6-27, to read as follows: ______________________________________________________________________________ ARTICLE III--RENTAL PROPERTY INSPECTIONS  Section 6-22. - Findings. (a) The Council finds that, for each of the individual residential rental dwelling unit described in section 3 of this article, at least one of the following conditions exists: 1. There is a need to protect the public health, welfare and safety of the occupants of that individual dwelling unit; 2. The individual dwelling unit is either blighted or in the process of deteriorating; or 3. There is evidence of violations of the Building Code that affect the safe, decent and sanitary living conditions for tenants living in such individual dwelling unit.  Section 6-23. - Definitions. The following terms and phrases, when used in this article, shall have the meanings ascribed to them in this section: Building code means the Virginia Uniform Statewide Building Code. Day means a calendar day. Dwelling unit means a building or structure or part thereof that is used for a home or residence by one (1) or more persons who maintain a household. The term does not include a group home. Family means one (1) or more persons related by blood, marriage, or adoption, or under approved foster care. Founded complaint means any complaint concerning an individual rental dwelling unit received by the Building Inspector which, after having been duly investigated, results in the Building Inspector’s determination that any of the findings in section 1 of this Article apply. 1 In instances where the complaint is made by the tenant, the tenant must be in compliance with the Virginia Landlord Tenant Act, if applicable, and must be current in rental payments in order for the complaint to be founded. Group home means a licensed residential facility in which no more than eight (8) mentally ill, mentally retarded, or developmentally disabled persons reside, with one (1) or more resident counselors or other staff persons. Mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance. A group home is licensed by the Commonwealth of Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services. Managing agent means any person having the authority, singly or in combination with another, to enter into an agreement for the occupancy of property subject to this article. Multi-family dwelling unit means any single building, lot, or two (2) or more adjacent buildings or lots under common ownership, which contain(s) three (3) or more residential rental dwelling units. The term shall not include mobile homes under common ownership in a mobile home park or subdivision, and such term shall not include single-family dwellings, family homes with accessory apartments, two-family dwellings, or townhouses under common ownership. Occupant means a person who, on a regular basis, spends nights at a residence. A person is considered an occupant regardless of whether he or she spends the majority of nights at a residence, if the times he or she does stay overnight are regular and recurrent. In addition, a person shall be considered an occupant if his or her clothes or other daily living supplies are maintained at the residence. Owner means the person shown on the current real estate assessment books or current real estate assessment records, or the current fee simple title holder of the property if ownership has changed since tax assessment records were last updated. Rent means to lease, sublease, let or otherwise grant for consideration the right to occupy a dwelling unit. Residential rental dwelling unit means a dwelling unit that is leased or rented to one (1) or more tenants.  Section 6-24. - Applicability. (a) Council may designate a rental inspection district(s) or make other individual residential rental dwelling units outside the inspection district subject to this article after notice and a public hearing thereon, as provided by Virginia Code § 36- 105.1:1(B)(3), and a finding for each such individual dwelling unit by the local governing body that (i) there is a need to protect the public health, welfare and safety of the occupants of that individual dwelling unit; (ii) the individual dwelling unit is either (1) blighted or (2) in the process of deteriorating; or (iii) there is evidence of violations of the Building Code that affect the safe, decent and sanitary living conditions for 2  tenants living in such individual dwelling unit. The Council conclusively finds that any individual rental dwelling unit about which the Building Inspector makes a determination of three or more founded complaints in any period of twelve consecutive months satisfies those criteria and is made subject to this Article. (b) Any property made subject to this Article shall remain so for a period of no less than three years thereafter, unless subsequently granted a certificate of compliance  Section 6-25. - Rental certificate of compliance required. No owner or managing agent shall rent or offer to rent a residential rental dwelling unit that is subject to this article without a rental certificate of compliance therefor, issued after a satisfactory inspection of the property by the building official or his or her designee.  Section 6-26. - Inspections, generally. (a) The building official is hereby authorized to establish schedules to accomplish the inspection of dwelling units subject to this article. The building official shall inspect any individual residential rental dwelling unit within ninety (90) days of the date the dwelling unit is made subject to this article. After such inspection, the owner and the managing agent, if any, will be provided with a list of any violations found and the date by which such violations must be corrected. Following the initial inspection of a residential rental dwelling unit subject to this article, the building official shall perform a re-inspection in a timely manner after the date given in the violations notice. (b) Upon a determination that a rental dwelling unit is in compliance with the provisions of the existing structures regulations of the Virginia Uniform Statewide Building Code, a rental certificate of compliance shall be issued to the owner. No certificate shall be issued until all inspection fees are paid. (c) There shall be no fee for the initial inspection required by this article or the first re-inspection. If all violations are not corrected at the time of the first re- inspection, then the fee for the second and any subsequent re-inspection for the original violation shall be one hundred dollars ($100.00). (d) The building official, or his or her duly authorized agent, shall have the right to inspect any rental dwelling unit subject to this article at any reasonable time, in order to carry out an inspection required by this section. The owner, managing agent, occupant, or other person in charge of the premises shall permit the building code official, or his or her duly authorized agent, access to any dwelling unit subject to this article for the purpose of conducting an inspection authorized by this article. In the event the building official or his or her authorized agent is denied access to a dwelling unit, he or she may apply for an administrative search warrant in order to gain access to the premises. (e) Nothing in this article shall prohibit an inspection of any residential rental dwelling unit or individual residential dwelling unit subject to this article for a violation of the Virginia Uniform Statewide Building Code, pursuant to a complaint, as required by section 1 of this chapter. In the case of complaints made 3  by the tenant of the individual rental dwelling unit, the tenant must be in compliance with the terms of the lease, including being current on all rent, as prerequisite for the inspection of the complaint, or for the final determination of a founded complaint. (f) The owner or managing agent shall be notified of the complaint, prior to any inspection to determine if there is a founded complaint. The owner or managing agent may appeal the building official's determination of a violation of the building code to the Board of Appeals.  Section 6-26. - Appeal. (a) The owner, managing agent or tenant may appeal a notice of revocation based upon the Virginia Uniform Statewide Building Code to the Board of Appeals. Any such appeal shall be filed with the department of planning and building within twenty (20) days after the date the notice of violation was served upon the owner or manager, whichever was served first. Section PM-111.0 of the Virginia Uniform Statewide Building Code shall apply to any such appeal. (b) The inspection exemption shall remain in effect pending the resolution of the appeal by the Board of Appeals.  Section 6-27. - Violations. (a) It shall be unlawful for any owner or any other person, firm or corporation to violate any provision of this Article. Any violation shall be deemed a misdemeanor and any owner or any other person, firm or corporation convicted of a violation shall be punished by a fine of not more than two thousand five hundred dollars ($2,500.00). If the violation remains uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in order to comply with the code. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within six (6) months of the date of conviction. Each day during which the violation continues after the court-ordered abatement period has ended shall constitute a separate offense. Any person convicted of a second offense committed within less than five (5) years after a first offense under this chapter shall be punished by a fine of not less than one thousand dollars ($1,000.00) nor more than two thousand five hundred dollars ($2,500.00). Any person convicted of a second offense committed within a period of five (5) to ten (10) years of a first offense under this chapter shall be punished by a fine of not less than five hundred dollars ($500.00) nor more than two thousand five hundred dollars ($2,500.00). Any person convicted of a third or subsequent offense involving the same property committed within ten (10) years of an offense under this chapter shall be punished by confinement in jail for not more than ten (10) days and a fine of not less than two thousand five hundred dollars ($2,500.00) nor more than five thousand dollars ($5,000.00), either or both. No portion of the fine imposed for such third or subsequent offense committed within ten (10) years of an offense under this chapter shall be suspended. 4  (b) Any prosecution under this section shall be commenced within two (2) years as provided in Virginia Code § 19.2-8. (c) In lieu of criminal prosecution, a civil penalty equal to the amounts set forth in subsection (a) hereof may be levied for a violation. ********* Attest: ________________________________ Karen Roberts, Clerk of Council 5  City Council Agenda Summary Date: November 13, 2018 Item No: 4. Department: Human Resources Issue: Hear an update from the City’s Human Resources Office regarding a summary of application/hiring data for the period from January 1, 2017 through June 30, 2018. Summary: Information will be provided regarding hiring trends related to efforts to fill vacant positions within the City’s workforce for the period noted. Attachments: None, information will be provided at the meeting Recommendations: No action needed - presented for information purposes only.  City Council Agenda Summary Date: November 13, 2018 Item No: 5. Department: City Attorney Issue: Consider discussion of the City’s 2019 Legislative Agenda. Summary: The City annually determines its legislative priorities. Attached is 2018’s Legislative Agenda, for your consideration for deletions, additions, and prioritizations for 2019. The 2019 Legislative Agenda was introduced at Council’s October 23, 2018 meeting and is being carried over for additional discussion. Pre-filing for specific legislation is the first week of December, 2018. Attachments: Draft 2019 Legislative Agenda. Recommendations: Discussion, possible amendment. Final adoption (voice vote) can occur either at the November 13 or November 27 meeting. The City of Martinsville appreciates the efforts its legislators undertake at both the state and federal level on behalf of its citizens. Listed below are the City’s priorities requested of its legislative delegation in 2019. Virginia General Assembly Transportation 1. In the short term, upgrade those portions of Route 220 overlaying I-73 to interstate standards. Any construction or upgrades to the I-73 corridor should begin on those sections passing through Henry County. 2. Continue to place priority on Route 58 improvements, particularly the section between Stuart and Hillsville, Virginia. 3. Increase VDOT funding for road construction and repaving. Education 1. City Council endorses the concept asserted by Sen. Bill Stanley that the Virginia Constitution and United States Supreme Court precedent requires statewide parity in state funding for school construction and maintenance. 2. City Council endorses the agenda proposed by the Martinsville City School System and also endorses the educational priorities adopted by Henry County, on behalf of its school system. 3. Oppose the imposition of unaided education mandates and in the event of revenue cuts by the Commonwealth opposes targeted cuts by the Commonwealth, instead preferring local decision making authority on where to make any such cuts. 4. Recognizing its potential to promote economic development within our community and region, continue support for the development and funding of the New College Institute in its current location in Uptown Martinsville; urge that any funding reductions to New College Institute, if considered, be minimized to the greatest extent possible; and support the affiliation of The New College Institute as a branch of a four-year public university. 5. Request the Commonwealth to fully fund the expenditures imposed upon local school systems by implementing the Standards of Quality. 6. Encourage the Commonwealth to continue or increase the current levels of financial support provided to Patrick Henry Community College. 7. Request the Commonwealth to provide incentives for consolidation of school systems. Economic Development 1. Maintain current levels of funding for economic development incentives, including but not limited to the Governor’s Opportunity Fund. 2. Enhance the authority granted to localities to address and eliminate blighted properties, and the formation of interstate compacts to allow expedited recourse against out-of-state property owners. 3. Increase funding levels for the Virginia Museum of Natural History. 4. Request enhanced state and federal financial assistance for localities which exceed the average state unemployment rate by 150% for a period of five consecutive years. 5. Support continued tourism awareness initiatives in the Martinsville-Henry County region. 6. Expand local authority to designate Enterprise Zones and establish incentives. 7. Oppose efforts by Henry County PSA to reopen the Lower Smith River Wastewater Treatment Plant, absent a regional study concluding that such is in the best interests of Martinsville-Henry County taxpayers, customer base, economic needs and state environmental policy. 8. Expand grants and resources available to fiscally stressed localities, and to business development entities in such localities, to aid in the encouragement or development of small and entrepreneurial businesses.  . . . 9. Support the Virginia Grocery.Investment Fund, as a public-private initiative to improve nutrition and access to . development by encouraging the development of grocery stores in quality food, and enhance economic neighborhoods where none . exist. . Governance . 1. Request the appointment of a .joint gubernatorial/legislative commission to examine the structure of local government in Virginia, the commission’s mandate to include: a. Examination of local government in the other 49 states for potential adaptation to Virginia. b. Enable cities to expand their revenue base. c. Elimination of the “zero-sum” revenue base structure, which creates friction between cities and counties. d. Elimination of redundant services and programs between contiguous cities and counties. 2. Add Martinsville to Code of Virginia 58.1-3970.1(B), allowing for transfer of title to the City of certain delinquent or blighted properties. 3. Request legislation under Code of Virginia 10.1-2211.2 to secure state funding for historical African-American cemeteries in the City’s West End. 4. Require full funding for HB 599 funds, in fulfillment of the Commonwealth’s commitment to cities in return for their acquiescence in the annexation moratorium. 5. Require that the Commonwealth fully fund its obligations to the Virginia Retirement System, and refrain from borrowing from VRS funds. 6. Request the elimination of “local aid to the Commonwealth” in the state budget; local aid artificially inflates state revenues by shifting responsibility for cuts in vital services onto localities. 7. Elimination of all unfunded mandates from the Commonwealth to localities. 8. Oppose any elimination or alteration of local revenue streams, and specifically oppose any amendment to the current manner in which the Business Occupation and Licensing Tax and the Machinery and Tools Tax are levied, unless a replacement revenue stream, not subject to biennial appropriation, is guaranteed by the Commonwealth. 9. Preserve intact local authority to regulate zoning, land use, and regulation of the installation of wireless communication equipment. 10. Request at a minimum, level funding for operational requirements of the Henry-Martinsville Department of Social Services. 11. Request that the General Assembly leaves intact the fire programs fund and the rescue squad assistance funds and not use these funds as a way to balance the state budget. 12. Request that the Commonwealth fully fund its obligations to constitutional officers. 13. Oppose any attempt to curtail the doctrine of sovereign immunity for localities. 14. Oppose any attempt to permit collective bargaining for state and local government employees. 15. Oppose any amendment of the existing burden of proof or process in local tax appeals cases. 16. Request authority to refund erroneously paid taxes at an interest rate which differs from that imposed on delinquencies, and to refund taxes erroneously paid through the fault of the taxpayer at no interest. 17. Support VML’s endorsement of a JLARC study of assigning a proportional share of lottery sales revenue to the localities generating such sales. 18. Require the Commonwealth to fund 100% of the per-diem costs of housing state inmates in local jails. 19. Support all state efforts to provide aid and support services to fiscally stressed localities, but oppose any attempts to interfere with localities’ right to solve their own financial problems locally. 20. Support the alteration of award criteria in the “REACH Virginia” and all other VHDA programs to a per-capita income-based model. United States Congress 2  . . . 1. Request the addition of the .urban center of micropolitan statistical areas to the eligibility list of “Entitlement Cities.” . 2. Oppose any effort to impose . additional taxation or regulation of electrical power generation by coal or natural gas. . . 3. Urge the Federal Highway Commission to adopt the CTB’s designated route for I-73, or alternatively to preserve . the current record of decision in the event the CTB’s route is rejected. 4. In the short term, upgrade those portions of Route 220 overlaying I-73 to interstate standards. 5. Request $3.72M in funds for the redevelopment of brownfields extending from the former American Furniture and Sara Lee sites, along Aaron Street, to Rives Road. 6. Request $6.25M in funds for the elimination and redevelopment of blighted areas in the city. 7. Request legislation to provide special federal incentives to businesses locating in regions which have experienced job losses in excess of 5% of the total workforce and/or declines in median incomes since the adoption of NAFTA, WTO or GATT. Target such areas for increased federal funding in education or workforce retraining. 8. Extend high speed broadband service throughout southern Virginia. 9. Request enhanced state and federal financial assistance for localities which exceed the average state unemployment rate by 150% for a period of five consecutive years. 10. Oppose the elimination or reduction of the federal Historic Rehabilitation Tax Credit. Staff Designations City Council empowers the following staff members to speak on its behalf and in its best interests to the Virginia General Assembly and United States Congress, its members and committees: City Attorney Eric Monday City Manager Leon Towarnicki Other department heads as appointed by the City Manager 3  City Council Agenda Summary Meeting Date: November 13, 2018 Item No: 6. Department: Community Development Issue: Consider information related to the 2019 Comprehensive Economic Development Strategy (CEDS) list. Summary: Each year, the City has the option of adding, modifying, or deleting projects on the CEDS list to reflect changing local needs and priorities. As with years past, the U.S. Department of Commerce, Economic Development Administration (EDA) requires that the WPPDC Regional Comprehensive Economic Development Strategy (CEDS) annual report be submitted by March 31 to align with the PDC’s planning grant. In light of this timeframe, WPPDC is requesting that each jurisdiction determine their respective project priority list in order to meet the necessary deadline for the 2019 document update. In the 2018 CEDS document, projects specific to Martinsville are listed beginning mid-way of page A-3, ending at the top page A-6. Attachment: 2018 CEDS projects for Martinsville, additional CEDS information from West Piedmont PDC. Recommendation: No action needed at the November 13th meeting. This is being placed on Council’s agenda at this time simply for information and discussion purposes. Approval of the 2019 CEDS project list will occur at either the November 27 or December 11 Council meetings. Revitalization of Uptown Business 1/III Incentivize small businesses (interior makeover/elevator) EDA $900,000 $900,000 Positive 80 District--City of Martinsville Revitalization of Uptown Business 1/II Construct/ retrofit condos in Uptown EDA $1,000,000 $2,000,000 Positive 15 District--City of Martinsville DHCD $300,000 VHDA $500,000 City $200,000 Smith River Interceptor Project-- 1/II Repair and reline approximately 10,500 linear feet of reinforced EDA $1,000,000 $8,000,000 Positive 100/Indirect City of Martinsville concrete pipe for the sanitary sewer interceptor line that extends ARC $500,000 generally along Smith River to City Wastewater Treatment Plant Local $6,500,000 Community Development Project - 1/II Purchase blighted properties on Starling Avenue and HUD/NSP $700,000 $1,000,000 Positive 20/Indirect CDBG - Martinsville Area & Central adaptively reuse HTC $300,000 Business District--City of Martinsville Southside Community Park 1/III Upgrade existing four (4) fields to accommodate youth and DCR $200,000 $3,000,000 Positive N/A Upgrading--City of Martinsville collegiate softball and baseball tournaments. This would include EDA $600,000 new lighting where necessary, upgrade concession stand and ARC $150,000 new sports surfaces. VTC $750,000 Other $1,300,000 Community Development Project - 1/IV Purchase blighted properties, prepare site for development Brownfield $400,000 $825,000 Unknown 100/Indirect CDBG - Martinsville Area & Central (Draper - West Church Street) - City of Martinsville EDA $325,000 Business District--City of City $100,000 Martinsville Community Development Project - 1/III Rives Road Site Development- full site development EDA $1,400,000 $1,400,000 Positive 400 CDBG - Martinsville Area & Central including A & E, site grading Business District--City of Martinsville Community Development Projects-- 1/III Further develop 20 acre lots- at Clearview Business Park EDA $750,000 $750,000 Positive 200+ City of Martinsville to prepare for companies- Parcels 2 & 5 Community Development Project - 1/I Adaptive reuse of historic building on Fayette Street- VHDA $800,000 $3,800,000 Positive 100 CDBG - Martinsville Area & Central Paradise Inn and lots surrounding it EDA $1,000,000 Business District--City of CDBG $1,000,000 Martinsville Grants $1,000,000 Community Development Develop- 1/V Recruit manufacturers of Clean Energy Components to EDA $100,000 $100,000 Positive Indirect ment Projects--City of Martinsville Martinsville Area and Enterprise Zone Community Development Project - 1/III Upgrade, widen, and landscape Beaver Street from MAP-21 $800,000 $850,000 Positive Indirect CDBG - Martinsville Area & Central Fayette Street to Memorial Blvd - City of Martinsville VHDA $50,000 Business District--City of Martinsville Community Development Project - 1/I Prepare City-owned site at corner of Fayette & Beaver Sts EDA $300,000 $3,500,000 Positive Indirect CDBG - Martinsville Area & Central for residential, educational or commercial development - Local $200,000 Business District--City of Martinsville Area and Central Business District CDBG $1,000,000 Martinsville Grants $2,000,000 Community Development Project - 1/II Write arts & cultural plan for Arts & Cultural District NEA $25,000 $82,000 Positive Indirect CDBG - Martinsville Area & Central City $25,000 Business District--City of ARC $32,000 Martinsville Community Development Project - 1/II Enhance Fayette Area Business District facades/greenscape/ CDBG $1,000,000 $2,045,000 Positive Indirect CDBG - Martinsville Area & Central economic revitalization - Fayette Street from Moss Street to Local $1,000,000 Business District--City of Memorial Blvd. Planning stipend for Citizens Design - CIRD CIRD $35,000 Martinsville Match - Ink $10,000 Community Development Project - 1/IV Purchase blighted properties - prepare site for redevelop- Brownfield $900,000 $1,900,000 Unknown 150 - Indirect CDBG - Martinsville Area & Central ment (202 Cleveland Avenue) - City of Martinsville EDA $500,000 Business District--City of City $500,000 Martinsville Community Development Project - 1/III Work with partners to develop an amphitheater on Depot NEA $50,000 $100,000 Positive 5/Indirect CDBG - Martinsville Area & Central Street ARC $50,000 Business District--City of Martinsville Community Development Project - 1/III Acquire and redevelop properties along commercial corridor ARC $250,000 $3,250,000 Positive 50 CDBG - Martinsville Area & Central for reuse CDBG $2,000,000 Business District--City of EDA $1,000,000 Martinsville Community Development Project - 1/IV Rives Theatre renovations IRF $600,000 $1,100,000 Positive 5/indirect CDBG - Martinsville Area & Central ARC $200,000 Business District--City of HTC $300,000 Martinsville Community Development Project - 1/III Commonwealth Corridor Enhancement & Pedestrian VDOT $1,000,000 $1,500,000 Positive Indirect CDBG - Martinsville Area & Central linkages to Uptown & Fayette Street CDBG $500,000 Business District--City of Martinsville Community Development Project - 1/III Purchase of West Church Street property, complete IRF $500,000 $1,000,000 Positive 20/Indirect CDBG - Martinsville Area & Central feasibility study, adaptive reuse CDBG $500,000 Business District--City of Martinsville Community Development Project - 1/III Purchase of Main Street property, complete feasibility study, IRF $500,000 $1,000,000 Positive 20/Indirect CDBG - Martinsville Area & Central adaptive reuse CDBG $500,000 Business District--City of Martinsville MINet Fiber Optic Expansion-- 1/III Citywide expansion of MINet Martinsville fiber optic EDA $2,000,000 $20,500,000 NA NA City of Martinsville system to reach businesses and homes Other $11,000,000 Local $7,500,000 Community Development Project - 1/III Upgrades to the concession, seating, and restroom areas at ARC $200,000 $1,700,000 Positive N/A Hooker Field Upgrades-- City of Hooker Field - covered seating, ADA compliant restrooms DRC $500,000 Martinsville expanded press box/concession/office space OTHER $1,000,000 Virginia Museum of Natural History-- 1/II Construct Outdoor Education Pavilion in rear of VMNH, to EDA $50,000 $150,000 Positive NA City of Martinsville include exhibits interpreting eastern North American DCR $50,000 forest ecology Local $50,000 Wilson Park Upgrading-- 1/IV Connection of outdoor education pavilion in rear of VMNH with EDA $600,000 $2,000,000 Positive NA City of Martinsville a bridge, crossing over Oakdale Avenue, along with a 1,000 ARC $800,000 foot canopy loop into the grand old trees in the park. Other $600,000 Community Parks Upgrading-- 1/IV Upgrade nine (9) existing parks (Baldwin, Beaver Creek, DCR $200,000 $1,500,000 Positive NA City of Martinsville Jackson Street, West End, J. Russel Mason, Chatham Heights, ARC $200,000 Cole & Carol St, Victor A. Lester, Spruce St.) to improve EDA $300,000 accessibility and safety. This would include new lighting where Local $800,000 necessary, concession stands, age-appropriate playground equipment and new playing surfaces.  WEST PIEDMONT ECONOMIC DEVELOPMENT DISTRICT P.O. Box 5268 - Martinsville, VA 24115-5268 Telephone: 276-638-3987 Fax: 276-638-8137 Email: lmanning@wppdc.org ____________________________________________________________________________ September 4, 2018 MEMORANDUM TO: County Administrators, Counties of Franklin, Henry, Patrick, and Pittsylvania City Managers, Cities of Danville and Martinsville Manager, Town of Rocky Mount FROM: Leah Manning, Regional Economic Development Planner RE: Year 2019 Regional Comprehensive Economic Development Strategy Work on the 2019 CEDS update is underway. Once again, our CEDS target date is March 31, 2019, to align with our planning grant. One of the first steps will be for all localities to begin planning and compiling their list of prioritized projects. A listing of the projects for the current CEDS is attached, along with blank forms on which to prepare your list for next year (April 1, 2019 - March 31, 2020) to coincide with this schedule. If additional pages are needed, please make extra copies of the enclosed sheets. To get the process started, we request that you and your staff carefully review the attached 2018 list to see if projects need to be added, revised, or deleted. Then, we ask that you update your list and indicate whether the projects are Priority I, II, and III projects, as well as an indication of Type I, II, III, IV, and V projects. Please combine the Project Type with the Project Priority column (see template included on separate tab within the file). Please note that, as with previous CEDS updates, EDA Project Types are incorporated as part of the project information since EDA has requested a more detailed breakdown with regard to project priorities. Since 2011, this methodology has been implemented. A guideline for the Project Types is also included for your convenience. Additionally, you may notice the “Environmental Impact” column is no longer part of the spreadsheet in order to make the list more concise. In order to keep the CEDS development on track with the current schedule, we need your completed project list, along with a letter of endorsement from your locality (sample form letter enclosed) no later than Friday, December 21, 2018. We realize this is some time away; however, we want to make sure you have adequate time for planning since EDA will not consider funding projects not included on this list. In addition to EDA-eligible projects, please include CDBG, Rural Development, Appalachian Regional Commission, VDOT/Smart Scale grants, and any other grants or projects for which your jurisdiction plans to apply for funding during the period from April 1, 2019 - March 31, 2020. We also encourage localities to work together on regional projects for inclusion on the list and as potential GO Virginia opportunities. With regard to Priority I projects, please remember, if you are invited to submit an EDA preapplication/grant proposal, you will need a Preliminary Engineering Report and detailed project information. EDA sometimes invites Priority II and III projects as well as Priority I projects if the project planning progresses. If you have questions or need assistance, please let us know. Please remember that a project must be included on the project list to be eligible for EDA funding. If you have a grant underway at this time, be sure to include it on the list for next year in case there is a carryover to the next year by EDA for some reason. If you have projects in the planning stage, be sure to include them as well. As you are aware, things can change during the year with regard to funding availability. Attachments  EDA PROJECT PRIORITIES: Priority I Projects: Those construction or implementation projects which are in the advanced stages of planning or "ready to go" (i.e., preliminary engineering and environmental audit available or underway, matching funding available). Priority II Projects: Construction or implementation projects will be in formative stages of planning and which are not otherwise proceeding towards immediate implementation. Priority III Projects: Non-construction, non-implementation projects of a special economic development purpose which may include special issues studies, basic data collection and analysis, feasibility studies, and technical assistance projects.  EDA PROJECT TYPES: Type I: (Shovel-Ready)  Project Title  Project Description  Eligible Applicant(s)  Project Impact Area  Own Property  Preliminary Engineering Report Available  Matching Funds Status (funds currently available and documented; sources)  Phase I Environmental Report Available  Project has clearance documentation from State Historic Preservation Office  Permit Status  Estimated Number of Jobs to be Created/Retained  Estimated Private Investment Type II: (Project is in Final Planning Stage)  Project Title  Project Description  Eligible Applicant(s)  Project Impact Area  Own Property  Preliminary Engineering Report in Development  Matching Funds Committed (funds not available but applicant can provide resolution/letter of commitment at time of application)  Phase I Environmental Report in Process  State Historic Preservation Office Clearance in Process  Permit Status  Estimated Number of Jobs to be Created/Retained  Estimated Private Investment Type III: (Project in Early Planning Stage)  Project Title  Project Description  Eligible Applicant(s)  Project Impact Area  Do not own Property (option on property; other)  Status of Preliminary Engineering  Matching Funds Status  Phase I Environmental Report Not Available  State Historic Preservation Office Clearance in Process  Estimated Number of Jobs to be Created/Retained  Estimated Private Investment Type IV: (Requests for Other Types of Projects—USDA-Rural Development, CDBG, ARC, VDOT Enhancement Program, GO Virginia):  Project Title  Project Description  Eligible Applicant(s)  Project Impact Area  Matching Funding Status  Estimated Number of Jobs to be Created/Retained, if applicable  Estimated Private Investment, if applicable Type V (Technical Assistance; Technical Studies)  Project Title  Project Description  Eligible Applicant(s)  Project Impact Area  Matching Funding Status  Other Pertinent Information  City Council Agenda Summary Meeting Date: November 13, 2018 Item No: 7. Department: Finance Issue: Consent Agenda Summary: The attachment amends the FY19 Budget with appropriations in the following funds: General Fund: $ 117,851 – Grants, Forfeitures, Donations, Re-appropriation Capital Reserve: $ 120,000 – Tobacco Region Opportunity Fund Grant Sewer Fund: $ 333,542 – EDA Grant Attachments: Consent Agenda 11-13-18 Recommendations: Approve  BUDGET ADDITIONS FOR 11/13/18 ORG OBJECT DESCRIPTION DEBIT CREDIT FY19 BUDGET ADDITIONS General Fund: 01103938 462101 Contrib from Fund Balance (prior yrs' balances) 5,781 01102926 405555 Categorical Federal ‐ Brownfield Grant ‐ EPA 67,953 01812247 503136 Brownfield ‐ Prof. Services, Consultant 73,734 Final appropriation of Brownfield Grant, Project #B16225B 01101917 442401 Categorical Other State ‐ Confiscated Assets ‐ PD 25,503 01101917 442402 Categorical Other State ‐ Confiscated Assets ‐ CA 6,558 01311085 506078 Police Department ‐ State Asset Forfeitures 25,503 01221082 506105 Commonwealth's Attorney ‐ State Conf. Assets 6,558 Appropriation of Confiscated Asset Funds, received 10/23/18 01100908 480401 Miscellaneous ‐ Donations/Police 65 01311085 506070 Police Department ‐ Pound Supplies 65 Donations for Dog Pound Costs 01103938 462101 Contrib from Fund Balance 9,991 01321102 506110 Fire Department ‐ Fire Programs 9,991 Incomplete project from FY18 ‐ left off re‐approp list 01102926 405556 Categorical Federal ‐ Appalachian Regional Comm Grant 2,000 01814248 503140 Healthy Hub Planning Grant ‐ Prof Serv‐Eng/Arch 2,000 Final drawdown on Health Hub Grant Total General Fund: 117,851 117,851 Capital Reserve Fund: 16101918 443701 State Grants ‐ Tobacco 120,000 16582373 509193 TROF Grants 120,000 Pass‐through of funds ‐ Tobacco Grant Total Capital Reserve Fund: 120,000 120,000 Sewer Fund: 13102927 415705 Federal Grant ‐ EDA 333,542 13551326 508224 W/W Maint ‐ SRI Project ‐ Physical Plant Exp 333,542 EDA Grant ‐ Request #1 & #2 Total Capital Reserve Fund: 333,542 333,542