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City Council

Regular Meeting

Martinsville, VA · May 14, 2019

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Minutes

May 14, 2019 Council Meeting The regular meeting of the Council of the City of Martinsville, Virginia was held on May 14, 2019 in Council Chambers, Municipal Building, at 7:30 PM with Mayor Kathy Lawson presiding. Other Council Members present included Jennifer Bowles, Chad Martin, Jim Woods and Danny Turner. 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, Commissioner of Revenue Ruth Easley, and Police Chief Eddie Cassady. Mayor Lawson 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 Vice Mayor Martin with the following 5-0 recorded vote: Mayor Lawson, aye; Council Member Woods, aye; Council Member Bowles, aye; Vice Mayor Martin, aye; and Council Member Turner, aye. Council convened in Closed Session to discuss the following matters: (A) appointments to boards and commissions, as authorized by Subsection 1, and (B) Consultation with legal counsel and briefings by staff members, attorneys or consultants pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by such counsel, as authorized by Subsection 7. At the conclusion of Closed Session, each returning member of Council certified that (1) only public business matters exempt from open meeting requirements were discussed in said Closed Session; and (2) only those business matters identified in the motion convening the Closed Session were heard, discussed, or considered during the Session. Mayor Lawson explained that no action was taken out of Closed Session on either item. A motion was made by Council Member Bowles; seconded by Vice Mayor Martin, with the following 5-0 recorded vote in favor to return to Open Session: Vice Mayor Martin, aye; Council Member Bowles, aye; Mayor Lawson, aye; Council Member Woods, aye; and Council Member Turner, aye. No action was taken out of Closed Session. Following the Pledge to the American Flag and invocation by Council Member Bowles, Lawson welcomed everyone to the meeting. Hear comments from Virginia House of Delegates member Les Adams – Delegate Adams thanked Council for their service to Martinsville and the residents. Adams is pleased to report that House Bill 2405 and House Bill 2406 both passed and are set to become law in July 2019. It is his privilege to represent the residents of Martinsville and welcomes the opportunity to pursue this type of legislation in the future. May 14, 2019 Council Meeting Present awards to Martinsville Middle School students who recently participated in Virginia Municipal League’s “If I Were Mayor Contest” – Mayor Lawson asked those students in attendance to approach the bench, take a seat and introduce themselves. Lawson thanked May 14, 2019 Council Meeting them for participating in the contest and stated they had 76 participants from the City. Lawson explained that the prize money was contributed by Council Members from their pocket and then upgraded by Mike Haley of Uptown Pinball. Lawson announced first place was Nayti Patel, second place was John Ratliff II and third place was to CJ Talley. Consider presentation of a Proclamation regarding National Police Week 2019 and Peace Officers’ Memorial Day – Council Member Bowles read the proclamation, which was presented to Police Chief Cassady. Cassady thanked council for recognizing the police department. Read and present a proclamation recognizing May 2019 as National Bike Month, May 13- 19, 2019 as National Bike week and Friday May 17, 2019 as Bike to Work Day – Vice Mayor Martin read the proclamation which was presented to Ellen Jessie, representative of the Martinsville Bike Club. Jessie thanked the City for the support they give the Bike Club and their activities. Jessie shared details about club events, stating a calendar of events can be found on their website. May 14, 2019 Council Meeting Consider presentation of a proclamation recognizing May 2019 as Building Safety Month – Kris Bridges, Martinsville Building Inspector explained the importance of what his department to maintain the safety of the residents and the City structures. Mayor Lawson read the proclamation, which was presented to Bridges. May 14, 2019 Council Meeting Consider adoption on second reading of Ordinance 2019-5 requiring removal of unsafe structures – City Attorney Monday explained the ordinance builds off a state code section. This ordinance enables the City to undertake mediation of the property if the owner fails to do so. This ordinance is a prerequisite to the next agenda item. Council Member Bowles made a motion to approve Ordinance 2019-5. Council Member Turner seconded the ordinance with the following roll call vote: Council Member Bowles, aye; Council Member Turner, aye; Vice Mayor Martin, aye; Council Member Woods, aye; and Mayor Lawson, aye. May 14, 2019 Council Meeting Consider adoption of a Resolution directing cleanup of 200 Aaron Street – City Attorney Monday explained that the property in question burned 2 years ago and has yet to be cleaned up or secured. The Building Inspector has been very accommodating to the owners but the required action has not been taken. The cleanup must be completed by the summer otherwise; the City will take action on the property and apply a lien to cover the cost. Monday explained when the other Aaron Street property burned, there was an insurance policy and there were issues with the insurance company and payout, which caused a delay in clean up. This property in question now was not insured so there was no coverage to cover the cost of cleanup. Monday explained there are many moving parts to both properties and the City has been very accommodating to both parties. Council Member Bowles made a motion to adopt the resolution. Council Member Turner seconded the motion with the following roll call vote: Vice Mayor Martin, aye; Council Member Woods, aye; Council Member Bowles, aye; Council Member Turner, aye and Mayor Lawson, aye. May 14, 2019 Council Meeting Consider adoption of Budget Ordinance 2019-U-1 on second reading – City Manager Towarnicki reviewed the steps taken related to the process and approval of the budget including work sessions and a public hearing with approval of the ordinance on first reading. Mayor Lawson detailed changes to the school budget with Dr. Talley’s request for a revised approval. Lawson would like to entertain a motion by council to give the schools $250,000 in addition to what was agreed on originally, allowing them to do the contracts and maintain their teaching staff. Council Member Turner said this budget is not sustainable in future years. Vice Mayor Martin said the schools are one of the most important resources in the community; it is not an issue that Council does not want to provide the money requested, it is that there is no money to give and it is not a good practice to take from the fund balance. Vice Mayor Martin made a motion to approve the amended ordinance to include the additional $250,000. Council Member Bowles seconded the motion with the following roll call: Mayor Lawson, aye; Council Member Woods, aye; Council Member Turner, aye; Council Member Bowles, aye; and Vice Mayor Martin, aye. Towarnicki said the city has always been successful to keep the fund balance and reserves at the correct amount as required. The City is not financially in trouble; the issue is that revenue is less than the expenses year after year. There must be a change in the budget picture when Council begins to discuss reversion again since the money awarded to the schools is borrowing from the FY21 Budget. May 14, 2019 Council Meeting Consider approval of the FY19 March 31, 2019 finance report – Finance Director Linda Conover summarized the Quarterly Financial Report. Council Member Bowles made a motion to approve the finance report. Vice Mayor Martin seconded the motion with all Council Members voting in favor. May 14, 2019 Council Meeting May 14, 2019 Council Meeting May 14, 2019 Council Meeting Consider approval of consent agenda – Council Member Bowles made a motion to approve the consent agenda as presented; Council Member Turner seconded the motion with all Council Members voting in favor. May 14, 2019 Council Meeting Business from the Floor – Patrick H. Wright of 1201 Spruce Village would like to know if there are any programs related to available summer jobs. Mayor Lawson suggested that he check with the Work Force office. Comments by Members of City Council – Council Member Bowles shared that the month of May is Mental Health Awareness month and she hopes that residents realize their mental health is important. She hopes everyone enjoyed Mother’s Day and congratulations to New Heights Community Support for their small business award. Council Member Woods congratulated the “If I Were Mayor” essay contest winners and said he enjoys seeing students who want to be engaged in the community. Woods invited the public to the Moon Over Buffalo production at the BlackBox Theater. PHCC Patriot Players will be having auditions soon for Beauty and the Beast. Council Member Turner said there is a group of 14-year olds invited to an NBA sponsored event, their coach Tony Jones is fundraising to help with costs. Vice Mayor Martin also congratulated the students in the essay contest. Martin asked all mothers in attendance to stand so Council could honor them for Mother’s Day. Martin asked Kris Bridges to come back to the podium and explain why the building codes are so important. Bridges said there is more to occupying a building than just the rent. Building codes have been around for centuries and are in place to protect the people. Building to code is the minimal safety requirement to occupy a structure. Mayor Lawson attended the Chamber Awards banquet where her employer received Uptown business of the year. Lawson congratulated tonight’s essay winners and the Martinsville City graduates including 24 who earned their Associates Degree at PHCC prior to their high May 14, 2019 Council Meeting school graduation. Lawson thanked all of the department heads, City Manager, City Attorney and Finance Director for all of their work on providing a workable budget. Comments by City Manager – City Manager Towarnicki shared details on the Profile of Honor event this past weekend where several residents attended, many with documents that were scanned for historical record. Towarnicki said that School Board Chair Dr. Montgomery would resign her position the end of May; there will be one more term expiring in June leaving two vacancies on the school board. Council will need to set a public hearing May 28 and will receive names and applications for anyone wishing to be considered for these vacancies. City Attorney Monday referenced a billboard in Martinsville that was causing some debate, Monday stated that there is nothing the City can do about the billboard since it is on private property and paid for by a private party. The City cannot censor an individual for expressing their opinion or determine what they do with their money. It is a freedom enshrined in the first amendment. There being no further business, Council Member Bowles made a motion to adjourn the meeting; the motion was seconded by Council Member Turner with all Council Members voting in favor. The meeting adjourned at 8:45pm. ______________________________________ ______________________________________ Karen Roberts Kathy Lawson Clerk of Council Mayor

Agenda

AGENDA--CITY COUNCIL -- CITY OF MARTINSVILLE, VIRGINIA Council Chambers – Municipal Building 7:00 pm Closed Session 7:30 pm Regular Session Tuesday, May 14, 2019 7:00 pm --Closed Session Items to be considered in Closed Session, in accordance with the Code of Virginia, Title 2.2, Chapter 37—Freedom of Information Act, Section 2.2-3711(A)—Closed Meetings, the following: A. Appointments to Boards and Commissions as authorized by Subsection 1. B. Consultation with legal counsel and briefings by staff members, attorneys or consultants pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by such counsel, as authorized by Subsection 7. 7:30—Regular Session Pledge to the American Flag and Invocation by Council Member Jennifer Bowles 1. Hear comments from Virginia House of Delegates member Les Adams. (10 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. Consider presentation of a Proclamation regarding National Police Week 2019 and Peace Officers’ Memorial Day. (5 mins) 4. Read and present a proclamation recognizing May 2019 as National Bike Month, May 13-19, 2019 as National Bike week and Friday May 17, 2019 as Bike to Work Day. (5 mins) 5. Consider presentation of a proclamation recognizing May 2019 as Building Safety Month. (5 mins) 6. Consider adoption on second reading of Ordinance 2019-5 requiring removal of unsafe structures (10 mins) 7. Consider adoption of a Resolution directing cleanup of 200 Aaron Street. (5 mins) 8. Consider adoption of Budget Ordinance 2019-U-1 on second reading. (20 mins) 9. Consider approval of the FY19 March 31, 2019 finance report. (10 mins) 10. Consider approval of the Consent Agenda. (2 mins) 11. 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. 12. Comments by members of City Council. (5 minutes) 13. Comments by City Manager. (5 minutes) City Council Agenda Summary Meeting Date: May 14, 2019 Item No: 1. Department: City Council Issue: Hear comments from Virginia House of Delegates member Les Adams. Summary: Delegate Les Adams, representing the 16th District in the Virginia General Assembly’s House of Delegates will be attending Council’s May 14th meeting and will provide comments regarding bills of local interest from the 2019 Session of the General Assembly. Attachments: None Recommendations: For information purposes – no action by Council needed. City Council Agenda Summary Date: May 14, 2019 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 Clifton Middle School in Covington. City Council would like 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 1st, 2nd, and 3rd place prize. The students who submitted the top 3 local entries will be invited to attend Council’s May 14 meeting to receive an award. Attachments: 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: May14, 2019 Item No: 3. Department: City Council Issue: Consider presentation of a Proclamation regarding National Police Week 2019 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 2019 & 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 and Sheriff’s Departments 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’s 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, Kathy Lawson, 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 12 through May 18, 2019, 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. _________________________________ Kathy Lawson Mayor City Council Agenda Summary Date: May 14, 2019 Item No: 4. Department: City Council Issue: Read and present a proclamation recognizing May, 2019 as National Bike Month, May 13 – 19, 2019 as National Bike Week, and Friday, May 17, 2019 as National 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 give 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 2019 National Bike Week May, 13 – 19, 2019 National Bike to Work Day, May 17, 2019 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, Kathy Lawson, Mayor of the City of Martinsville do hereby and proclaim May, 2019 as National Bike Month, May 13 – 19, 2019 as National Bike to Work Week, and Friday, May 17, 2019 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. _________________________________ Kathy Lawson Mayor City Council Agenda Summary Meeting Date: May 14, 2019 Item # 5. Department: Community Development/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. All communities need building codes to protect their citizens from disasters like fires, weather-related events and structural collapse. Building codes are society's best way of protecting homes, offices, schools, manufacturing facilities, stores and entertainment venues. Code officials work day in and day out to keep the public safe. Attachments: Proclamation Recommendation: Read and present the proclamation. Proclamation Building Safety Month Proclamation – May 2019 WHEREAS, the City of Martinsville is committed to recognizing that 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, plumbers 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, 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 world; and WHEREAS, these modern building codes include safeguards to protect the public from natural disasters such as hurricanes, snowstorms, tornadoes, wildland fires, floods and earthquake; which, according to a FEMA-commissioned study by the National Institute of Building Sciences, provide $11 in future mitigation benefits for every dollar invested, 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 protectors of public safety––our local code officials––who assure us of safe, efficient and livable buildings that are essential to America’s prosperity, and WHEREAS, “No Code. No Confidence.”- the theme for Building Safety Month 2019, encourages all Americans to raise awareness of the importance of safe and resilient construction; fire prevention; disaster mitigation, and new technologies in the construction industry. Building Safety Month 2019 encourages appropriate steps everyone can take to ensure the safety of our built environment, and recognizes that the implementation of safety codes by local and state agencies has saved lives and protected homes and businesses; 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, Kathy Lawson, Mayor of the City of Martinsville, do hereby proclaim the month of May 2019 as Building Safety Month. Accordingly, I encourage our citizens to recognize the importance of local building code enforcement in making our City better for all. ____________________________________ Kathy Lawson, Mayor City Council Agenda Summary Date: May 14, 2019 Item No: 6. Department: City Attorney Issue: Consider adoption of Ordinance 2019-5 requiring removal of unsafe structures. Summary: This ordinance specifically addresses remediation of unsafe structures. It allows the City to undertake such remediation if the owner fails to do so. Attachments: Ordinance 2019-5, enacting new § 15.5-23 of the Martinsville City Code. Recommended Action: Adopt Ordinance 2019-5 on second reading. (roll-call vote) CITY OF MARTINSVILLE, VIRGINIA ORDINANCE NO. 2019-5 REQUIRING REMOVAL OF UNSAFE STRUCTURES BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in Regular Session held on May 14, 2019, that Section 15.5-23 of the City Code, currently reserved, is hereby enacted to read as follows: ______________________________________________________________________________ 15.5-23. Removal, repair, etc. of buildings and other structures. 1. Pursuant to Code of Virginia § 15.2-906, the owners of property in the City, shall at such time or times as the City Council may prescribe, remove, repair or secure any building, wall or any other structure that might endanger the public health or safety of other residents of such City; 2. The City through its own agents or employees may remove, repair or secure any building, wall or any other structure that might endanger the public health or safety of other residents of the City, if the owner and lienholder of such property, after reasonable notice and a reasonable time to do so, has failed to remove, repair, or secure the building, wall or other structure. For purposes of this section, repair may include maintenance work to the exterior of a building to prevent deterioration of the building or adjacent buildings. For purposes of this section, reasonable notice includes a written notice (i) mailed by certified or registered mail, return receipt requested, sent to the last known address of the property owner and (ii) published once a week for two successive weeks in a newspaper having general circulation in the City. No action shall be taken by the City to remove, repair, or secure any building, wall, or other structure for at least 30 days following the later of the return of the receipt or newspaper publication, except that the City may take action to prevent unauthorized access to the building within seven days of such notice if the structure is deemed to pose a significant threat to public safety and such fact is stated in the notice; 3. In the event that the City, through its own agents or employees, removes, repairs, or secures any building, wall, or any other structure after complying with the notice provisions of this section or as otherwise permitted under the Virginia Uniform Statewide Building Code in the event of an emergency, the cost or expenses thereof shall be chargeable to and paid by the owners of such property and may be collected by the City as taxes are collected; 4. Every charge authorized by this section or by Code of Virginia § 15.2-900 with which the owner of any such property has been assessed and that remains unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local real estate taxes and enforceable in the same manner as provided in Articles 3 (§ 58.1-3940 et seq.) and 4 (§ 58.1- 3965 et seq.) of Chapter 39 of Title 58.1 of the Code of Virginia. The City may waive such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed; 5. Notwithstanding the foregoing, with the written consent of the property owner, the City may, through its agents or employees, demolish or remove a derelict nonresidential building or structure provided that such building or structure is neither located within or determined to be a contributing property within a state or local historic district nor individually designated in the Virginia Landmarks Register. The property owner's written consent shall identify whether the property is subject to a first lien evidenced by a recorded deed of trust or mortgage and, if so, shall document the property owner's best reasonable efforts to obtain the consent of the first lienholder or the first lienholder's authorized agent. The costs of such demolition or removal shall constitute a lien against such property. In the event the consent of the first lienholder or the first lienholder's authorized agent is obtained, such lien shall rank on a parity with liens for unpaid local taxes and be enforceable in the same manner as provided in subdivision 4. In the event the consent of the first lienholder or the first lienholder's authorized agent is not obtained, such lien shall be subordinate to that first lien but shall otherwise be subject to subdivision 4; and 6. There shall be imposed upon the owner of any property made subject to this Section a civil penalty of $1,000. ********* Attest: ________________________________ Karen Roberts, Clerk of Council City Council Agenda Summary Date: May 14, 2019 Item No: 7. Department: City Attorney Issue: Consider adoption of a Resolution directing cleanup of 200 Aaron St. Summary: This resolution directs the owner of 200 Aaron St., which has been destroyed by fire and unsafe, to clean up the property. In the event they do not comply, this resolution is a necessary prerequisite for the City to conduct the cleanup and recover the cost from the owner. The owner has been given a number of previous notices to clean up the property. Attachments: Draft Resolution Recommended Action: Adopt Resolution on roll-call vote. RESOLUTION REQUIRING REMEDIATION OF 200 AARON STREET BE IT RESOLVED by the City Council of Martinsville, Virginia assembled in regular session this 14th day of May, 2019, pursuant to Code of Virginia § 15.2-906 and City Code § 15.5-23, the Council affirmatively finds, as a matter of fact, that the property located at 200 Aaron Street, Martinsville, Virginia 24115, Tax Map #42(15)00/17C, endangers the public health and safety of the residents of Martinsville. The Owners, Lowanda Martin and/or F & L, LLC, shall, within 60 days of the adoption of this Resolution, remove all remaining structures located upon the property, and grade the remaining surface of the property, all as directed by the City Building Inspector. In the event the Owner fails to comply, the City shall undertake the removal itself pursuant to applicable state law and local ordinance, and shall seek recovery of the cost thereof from the Owner. ********* Attest: ___________________________________________ Karen Roberts, Clerk of Council Date Adopted: _______________________________ City Council Agenda Summary Meeting Date: May 14, 2019 Item No: 8. Department: City Council Issue: Consider adoption of Budget Ordinance 2019-U-1 on second reading. Summary: The City’s proposed FY20 Budget was presented to Council at the April 9, 2019 meeting. Work sessions were held on Wednesday, April 10 with City departments and to discuss capital; Monday, April 15 with City Schools and remaining City departments/constitutionals; and on Wednesday, April 17 with major outside agencies, capital, and to cover questions from prior work sessions. Attached is the summary of the 2019-20 Budget in ordinance form that matches the Budget as presented plus modifications reflecting discussions from the work sessions. Attachments: Ordinance 2019 –U-1, outlining Fund details of the propose City’s FY19-20 Budget. Recommendations: Conduct public hearing and approve on second reading (roll call vote), subject to changes or modifications Council desires to make. City of Martinsville, Virginia ORDINANCE NO. 2019-U-1 The Budget for Fiscal Year 2019-2020 BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in regular session assembled May 14, 2019, that the following sums of money be and hereby are appropriated – by specific Fund – for the City’s fiscal year ending June 30, 2020, from the following Fund sources of estimated revenue: SUMMARY STATEMENT OF BUDGET ESTIMATES 2019-2020 PROJECTED BUDGETED CHANGES FUND FUND REVENUES EXPENDITURES BALANCE General $30,709,345 $32,129,019 ($1,419,674) Meals Tax $2,250,744 $2,250,744 $0 Capital Reserve $2,308,420 $2,308,420 $0 Refuse $2,107,000 $2,853,758 ($746,758) Telecommunications $2,113,176 $2,113,176 $0 Water $3,623,565 $4,180,751 ($557,186) Sewer $4,353,212 $4,860,393 ($507,181) Electric $21,018,640 $21,128,353 ($109,713) Cafeteria* $1,560,210 $1,580,310 ($20,100) School Operating** $21,771,834 $21,771,834 $0 CDBG $28,048 $2,354 $25,694 TOTALS: $91,844,194 $95,179,112 ($3,334,918) *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 Sewer: Increase in monthly bill of $2.50 BE IT FURTHER ORDAINED by said Council that this Ordinance shall be effective on and after July 1, 2019. ***** Attest: __________________________ _______________________ _____________________ Karen Roberts, Clerk of Council Date Adopted Date Effective City Council Agenda Summary Meeting Date: May 14, 2019 Item No: 9. Department: Finance Issue: Quarterly Financial Report Summary: FY19 – 3-31-19: Consolidated Revenue & Expenditure Report Exclusive of School and Special Revenue Funds, total actual revenues were $48,511,419, which is 7% greater than the amount anticipated through March 31. Local Sales & Use Taxes collected were greater than anticipated by $14,319 for total receipts of $1,334,719 to date. Meals Taxes collected were also greater than expected by $98,048, for total receipts of $1,421,916. Actual expenditures were $51,789,190, including encumbrances, which is 97% of the amount anticipated for this time period. With regard to Utility Funds, total actual revenues were $25,411,020, greater than anticipated by $1,760,387. Total actual expenses, including encumbrances, were $24,631,606, less than anticipated by $944,016. The available cash-on-hand for all City Funds was $14,586,702, an increase of $910,513 over the same time period last year. Current Fund Balances and Cash Equivalents Report At the end of March, the total of fund balances and utility cash equivalents was $18,167,272. This amount reflects an overall decrease of $2,317,872 when compared to Year-end FY2018. Attachments: Combined Balance Sheet – March 2019; Revenue – Expense Report – 3rd Qtr. Recommendations: Motion to approve financial report. City of Martinsville Consolidated Revenues and Expenditures FY19 ‐ 3/31/19 Actual Remaining Difference Budget Anticipated YTD Balance Ant vs. Actual General Fund Revenues $ 29,743,242 $ 19,003,429 $ 20,476,024 $ 9,267,218 107.7% Expenditures 32,127,776 23,957,743 23,438,554 8,689,222 97.8% Excess (deficiency) of revenues over expenditures $ (2,384,534) $ (4,954,314) $ (2,962,529) (Fund Bal contrib) Actual Remaining Difference Budget Anticipated YTD Balance Ant vs. Actual Capital Funds Meals Tax Revenues $ 2,187,978 $ 1,507,857 $ 1,582,951 $ 605,027 105.0% Expenditures 2,287,978 1,898,838 1,898,838 389,140 100.0% Excess (deficiency) of revenues over expenditures $ (100,000) $ (390,981) $ (315,887) (Fund Bal contrib) Capital Reserve Revenues $ 1,348,583 $ 1,011,424 $ 1,011,424 $ 337,159 100.0% Expenditures 2,001,855 1,820,192 1,820,192 181,663 100.0% Excess (deficiency) of revenues over expenditures $ (653,272) $ (808,768) $ (808,768) TOTAL CAPITAL FUNDS: $ (753,272) $ (1,199,749) $ (1,124,655) (Fund Bal contrib) Actual Remaining Difference Budget Anticipated YTD Balance Ant vs. Actual Refuse Fund Revenues $ 2,242,000 $ 1,360,137 $ 1,582,805 $ 659,195 116.4% Expenditures 3,005,700 2,268,020 2,267,679 738,021 100.0% Excess (deficiency) of revenues over expenditures $ (763,700) $ (907,883) $ (684,874) MINet/Fiber Optic Fund Revenues $ 1,931,728 $ 1,254,213 $ 1,470,315 $ 461,413 117.2% Expenditures 1,962,736 1,481,907 1,538,164 424,572 103.8% Excess (deficiency) of revenues over expenditures $ (31,008) $ (227,694) $ (67,849) Water Fund Revenues $ 3,670,523 $ 2,698,334 $ 2,705,856 $ 964,667 100.3% Expenditures 4,321,880 2,844,340 2,833,085 1,488,796 99.6% Excess (deficiency) of revenues over expenditures $ (651,357) $ (146,006) $ (127,228) Sewer Fund Revenues $ 5,014,651 $ 3,986,947 $ 4,323,732 $ 690,919 108.4% Expenditures 5,874,349 3,914,385 3,533,085 2,341,264 90.3% Excess (deficiency) of revenues over expenditures $ (859,698) $ 72,562 $ 790,647 Electric Fund Revenues $ 21,018,640 $ 14,381,002 $ 15,358,312 $ 5,660,328 106.8% Expenditures 22,220,015 15,066,970 14,459,593 7,760,422 96.0% Excess (deficiency) of revenues over expenditures $ (1,201,375) $ (685,968) $ 898,718 TOTAL UTILITY FUNDS: $ (3,507,138) $ (1,894,989) $ 809,414 (Fund Bal contrib) Consolidated Revenues and Expenditures FY19 ‐ 3/31/19 Actual Remaining Difference Budget YTD Balance Budg vs. Actual Cafeteria Revenues $ 1,501,862 $ $ 994,021 $ 507,841 66.2% Expenditures 1,680,362 1,117,272 563,090 66.5% Excess (deficiency) of revenues over expenditures $ (178,500) $ $ (123,250) (Fund Bal contrib) Schools Revenues $ 23,025,849 $ $ 15,776,542 $ 7,249,307 68.5% Expenditures 23,223,577 16,021,561 7,202,016 69.0% Excess (deficiency) of revenues over expenditures $ (197,728) $ $ (245,019) Federal Programs Revenues $ 1,945,386 $ $ 1,263,620 $ 681,766 65.0% Expenditures 1,945,386 1,424,090 521,296 73.2% Excess (deficiency) of revenues over expenditures $ ‐ $ $ (160,470) TOTAL SCHOOL FUNDS: $ (376,228) $ ‐ $ (528,740) (fund bal contrib) Actual Remaining Budget YTD Balance Special Revenue Funds CDBG Fund Revenues $ 40,930 $ 33,512 $ 7,418 81.9% Expenditures 75,465 23,233 52,232 30.8% Excess (deficiency) of revenues over expenditures $ (34,535) $ 10,279 TOTAL SPECIAL REVENUE FUNDS: $ (34,535) $ 10,279 Actual Remaining Difference Budget Anticipated YTD Balance Ant vs. Actual GRAND TOTALS: (excluding Schools & Special Revenues) Revenues: $ 67,157,345 45,203,343 $ 48,511,419 $ 18,645,926 107.3% Expenditures 73,802,289 53,252,395 51,789,190 22,013,099 97.3% Excess (deficiency) of revenues over expenditures $ (6,644,944) (8,049,052) $ (3,277,771) Local Sales/Use Taxes $ 2,000,000 $ 1,320,400 $ 1,334,719 $ 665,281 101.1% Meals Taxes $ 1,820,000 $ 1,323,868 $ 1,421,916 $ 398,084 107.4% The Budgeted Revenue amounts do not include any contributions from Fund Balance City of Martinsville Combined Balance Sheet FY19 - 3/31/19 CURRENT June 30, 2018 TOTAL LIABILITIES FUND BAL & FUND BAL & DIFFERENCE FUND ASSETS & RESERVES CASH & EQUIV. CASH & EQUIV. FROM FY18 GENERAL FUND $ 10,795,335 $ (7,027,492) $ 3,767,843 $ 6,177,313 $ (2,409,470) MEALS TAX $ 167,492 $ - $ 167,492 $ 483,381 $ (315,889) SCHOOL CAFETERIA $ 1,504,900 $ (129) $ 1,504,771 $ 1,628,022 $ (123,250) REFUSE COLLECTION FUND* $ 5,560,381 $ (258,500) $ 5,301,881 $ 5,521,246 $ (219,365) TELECOMMUNICATIONS $ 551,008 $ (73,734) $ 477,274 $ 512,010 $ (34,736) WATER FUND* $ 3,392,739 $ (453,823) $ 2,938,915 $ 2,941,591 $ (2,676) SEWER FUND* $ 2,643,857 $ (403,130) $ 2,240,727 $ 1,907,096 $ 333,631 ELECTRIC FUND* $ 4,391,304 $ (2,639,975) $ 1,751,329 $ 569,637 $ 1,181,692 CAPITAL RESERVE FUND $ 296,458 $ - $ 296,458 $ 681,863 $ (385,405) SCHOOL FUND $ (185,823) $ (24,170) $ (209,993) $ - $ (209,993) SCHOOL FEDERAL PROGRAMS $ (130,229) $ (71) $ (130,301) $ 12,390 $ (142,691) CDBG FUND $ 184,398 $ (123,523) $ 60,875 $ 50,595 $ 10,279 TOTAL $ 29,171,820 $ (11,004,548) $ 18,167,272 $ 20,485,144 $ (2,317,872) *cash equiv RESERVED FUNDS INSURANCE TRUST FUND $ 296,340 $ - $ 296,340 $ 542,889 $ (246,549) INMATE TRUST FUND $ 135,985 $ - $ 135,985 $ 105,006 $ 30,979 Fiduciary Agency Funds: 05‐SVRFA $ 96,810 $ (3,327) $ 93,483 $ 46,951 $ 46,532 06‐Dan River ASAP $ 348,633 $ (209,443) $ 139,190 $ 166,082 $ (26,892) 15‐PRCJTA $ 393,615 $ ‐ $ 393,615 $ 293,419 $ 100,196 30‐BRRL $ 306,564 $ ‐ $ 306,564 $ 240,301 $ 66,263 TOTALS: $ 1,145,621 $ (212,770) $ 932,851 $ 746,753 $ 186,098 (10/17/18) City Council Agenda Summary Meeting Date: May 14, 2019 Item No: 10. Department: Finance Issue: Consent Agenda Summary: The attachment amends the FY19 Budget with appropriations in the following funds: General: $ 14,586 – Donations, Reimbursements, and Grants Sewer: $139,861 – Donations Attachments: Consent Agenda 5-14-19 Recommendations: Approve BUDGET ADDITIONS FOR 5/14/19 ORG OBJECT DESCRIPTION DEBIT CREDIT BUDGET ADDITIONS General Fund: 01100909 490137 Recovered Cost ‐ Public Safety 9,275 01311085 501200 Police Dept. ‐ Overtime 2,504 01311085 502100 Police Dept. ‐ Social Security 155 01311085 502110 Police Dept. ‐ Medicare 36 01217078 501200 Sheriff ‐ Courts ‐ Overtime 6,112 01217078 502100 Sheriff ‐ Courts ‐ Social Security 379 01217078 502110 Sheriff ‐ Courts ‐ Medicare 89 Various reimbursements for security patrols 01100909 490801 Recovered Costs ‐ Senior Services 3,761 01714212 501300 Senior Services ‐ Part‐time Wages 2,411 01714212 502100 Senior Services ‐ Social Security 150 01714212 502110 Senior Services ‐ Medicare 35 01714212 506049 Senior Services - Vehicle Fuels 1,165 Transportation Grant - Dec.,Jan.,Feb.,& March 01100908 480420 Miscellaneous - Donations/Sr. Citizens 1,550 01714212 506016 Senior Services - Program Supplies 1,550 Donation for Sr. Health Fair Total General Fund: 14,586 14,586 Sewer Fund: 13102927 415705 Federal Grant ‐ EDA 139,861 13551326 508224 W/W Maint ‐ SRI Project ‐ Physical Plant Exp 139,861 EDA Grant ‐ Requests‐Final Total Sewer Fund: 139,861 139,861

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