City Council

AGENDA--CITY COUNCIL -- CITY OF MARTINSVILLE, VIRGINIA Council Chambers – Municipal Building 7:30 pm Regular Session Tuesday, October 22, 2019 7:30—Regular Session Pledge to the American Flag and Invocation by Mayor Lawson 1. Hear an overview of the October 21, 2019 West End neighborhood tour and meeting. (10 mins) 2. Hear an update on Martinsville Mustangs Baseball. (15 mins) 3. Hear a presentation from Michael Stowers, Partnership Specialist for the U.S. Census Bureau. (15 mins) 4. Hear an update from Martinsville Fire & EMS. (15 mins) 5. Consider setting a public hearing on a request from T-Mobile for a Special Use Permit to allow placement of roof-mounted antennas at The Henry located at 50 East Church Street. (5 mins) 6. Presentation of proclamation regarding Extra Mile Day November 1, 2019 (5 mins) 7. Consider approving a transfer of property located at 1039 Cherry Street to the adjacent property owner. (10 mins) 8. Consider discussion of the City’s 2020 Legislative Agenda. (15 mins) 9. Consider approval of consent agenda. (2 mins.) 10. 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. 11. Comments by members of City Council. (5 minutes) 12. Comments by City Manager. (5 minutes)  City Council Agenda Summary Date: October 22, 2019 Item No: 1. Department: City Council Issue: Hear an overview of the October 21, 2019 West End neighborhood tour and meeting. Summary: A recap of the neighborhood tour and the West End neighborhood community meeting held at High Street Baptist Church on Monday, October 21 will be given. Attachments: None Recommendations: This item is being presented for public information purposes – no action needed by Council.  City Council Agenda Summary Meeting Date: October 22, 2019 Item No: 2. Department: City Manager Issue: Hear an update on Martinsville Mustangs Baseball. Summary: With the conclusion of the 2019 season, the contract the City had with the Coastal Plain League for management of the team has expired. Information will be presented at the meeting regarding a new management contract. Attachment: None Recommendation: No action needed – presented for information purposes.  City Council Agenda Summary Date: October 22, 2019 Item No: 3. Department: N/A Issue: Hear a presentation from Michael Stowers, Partnership Specialist for the U.S. Census Bureau. Summary: Mr. Stowers spoke during business from the floor at Council’s October 8 meeting about the upcoming 2020 Census and agreed to attend on October 22 for a more in-depth presentation. Attachments: None Recommendations: No action needed by Council.  City Council Agenda Summary Date: October 22, 2019 Item No: 4. Department: Fire/EMS Issue: Hear an update from Martinsville Fire & EMS Summary: Earlier this year and prior to finalization of the FY20 budget, a committee was appointed to review EMS operations. The review was prompted by the closure earlier in the year of a long-standing private ambulance provider in the community, and how that closure was impacting City EMS operations and ability to respond to all calls. The private ambulance service provided back up for the City and responded to calls City crews could not respond to during those times when all City crews were committed to handling other calls. Initially there was discussion about potentially increasing EMS staff (and costs) to avoid gaps in coverage. The EMS review committee studied the matter and ultimately made several recommendations for consideration in an effort to improve operational efficiencies and call coverage, and some of those recommendations have been implemented. Fire/EMS personnel will provide an update on any such changes that have been made. Attachments: None. Additional information will be presented at the meeting. Recommendations: No action needed by Council.  City Council Agenda Summary Meeting Date: October 22, 2019 Item No: 5. Department: Community Development Issue: Consider setting a public hearing on a request from T-Mobile for a Special Use Permit to allow placement of roof-mounted antennas at The Henry located at 50 East Church Street. Summary: T-Mobile is requesting a Special Use Permit to allow the placement of communication antennas on the roof of The Henry located at 50 East Church Street. The Planning Commission reviewed this matter at their October 17, 2019 meeting and in an effort to expedite the process, is requesting a joint public hearing with Council at the November 12, 2019 Council meeting. Attachments: Letter from the Planning Commission requesting a joint public hearing Recommendations: Set the Public Hearing for the November 12, 2019 Council meeting.  City Council Agenda Summary Meeting Date: October 22, 2019 Item No: 6. Department: City Council Issue: Presentation of proclamation regarding Extra Mile Day 2019. Summary: The Mayor will read the proclamation which will then be mailed to the Extra Mile Foundation. Attachments: Proclamation Recommendations: Presentation only  Extra Mile Day Proclamation November 1, 2019 WHEREAS, Martinsville, Virginia is a community which acknowledges that a special vibrancy exists within the entire community when its individual citizens collectively “go the extra mile” in personal effort, volunteerism, and service; and WHEREAS, Martinsville is a community which encourages its citizens to maximize their personal contribution to the community by giving of themselves wholeheartedly and with total effort, commitment, and conviction to their individual ambitions, family, friends, and community; and WHEREAS, Martinsville is a community which chooses to shine a light on and celebrate individuals and organizations within its community who “go the extra mile” in order to make a difference and lift up fellow members of their community; and WHEREAS, Martinsville acknowledges the mission of Extra Mile America to create 550 Extra Mile cities in America and is proud to support “Extra Mile Day” on November 1, 2019. NOW THEREFORE, I, Mayor Kathy Lawson do hereby proclaim November 1, 2019, to be Extra Mile Day. I urge each individual in the community to take time on this day to not only “go the extra mile” in his or her own life, but to also acknowledge all those who are inspirational in their efforts and commitment to make their organizations, families, community, country, or world a better place. ________________________________ Kathy Lawson, Mayor  City Council Agenda Summary Meeting Date: October 22, 2019 Item No: 7. Department: City Attorney Issue: Consider approving a transfer of property located at 1039 Cherry Street to the adjacent property owner. Summary: 1039 Cherry Street is a vacant lot acquired by the Martinsville Redevelopment & Housing Authority during the Cherry St. CDBG Project. Ms. Bernida Hairston, who resides next door at 1037 Cherry Street, has agreed to purchase it for $250, which will return the lot to the active tax roll. Ms. Hairston will maintain the property. Attachments: N/A Recommendations: Recess City Council and convene as the Housing Authority (motion, second, & voice vote). Consider transfer and approval by motion, second, & roll call vote. Adjourn Housing Authority and reconvene Council (motion, second, and voice vote).  City Council Agenda Summary Date: October 22, 2019 Item No: 8. Department: City Attorney Issue: Consider discussion of the City’s 2020 Legislative Agenda. Summary: The City annually determines its legislative priorities. Attached is the 2019 legislative agenda for your consideration for deletions, additions, and prioritizations for 2020. Pre-filing for specific legislation is the first week of December 2019. Attachments: Draft 2020 Legislative Agenda, showing amendments from 2019. Recommendations: Discussion, possible amendment. Final adoption can occur either at the November 12 or November 26 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 20192020. 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, maintenance and operations. 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 all partnership initiatives by The New College Institute with other institutions of higher learning. 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. 1 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 quality food, and enhance economic development by encouraging the development of grocery stores in neighborhoods where none exist. Governance 1. Adopt the recommendations of the Virginia Commission on Local Government in its 2018 Annexation Moratorium Study, and urge the General Assembly to enact those recommendations in the 2019 Session. 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. Commented [EM1]: This legislation was approved in the 3. Request legislation under Code of Virginia 10.1-2211.2 to secure state funding for historical 2019 GA Session. African-American cemeteries in the City’s West End. Commented [EM2]: This legislation was approved in the 3.4.Amend Code of Virginia 51.1-155.2 to allow Constitutional Offices, abolished by reversion of 2019 GA Session. any city to town status, to take early VRS retirement, free of penalty. 4.5.Urge the General Assembly to conform the state tax code to the 2018 changes in the Federal income tax code. 5.6.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. 6.7.Require that the Commonwealth fully fund its obligations to the Virginia Retirement System, and refrain from borrowing from VRS funds. 7.8.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. 8.9.Elimination of all unfunded mandates from the Commonwealth to localities. 9.10. 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. 10.11. Preserve intact local authority to regulate zoning, land use, and regulation of the installation of wireless communication equipment. 11.12. Request at a minimum, level funding for operational requirements of the Henry- Martinsville Department of Social Services. 12.13. 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. 13.14. Request that the Commonwealth fully fund its obligations to constitutional officers. 14.15. Oppose any attempt to curtail the doctrine of sovereign immunity for localities. 15.16. Oppose any attempt to permit collective bargaining for state and local government employees. 16.17. Oppose any amendment of the existing burden of proof or process in local tax appeals cases. 17.18. 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. 2  18.19. Support VML’s endorsement of a JLARC study of assigning a proportional share of lottery sales revenue to the localities generating such sales. 19.20. Require the Commonwealth to fund 100% of the per-diem costs of housing state inmates in local jails. 20.21. 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. 21.22. 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 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: October 22, 2019 Item No: 9. Department: Finance Issue: Consent Agenda Summary: Item #1: The attachment amends the FY20 budget with appropriations in the following funds: General: $ 60,600 – Reimbursements, Recovered Costs School Operating: $ 21,896 – Grant Item #2: Authorize the City Treasurer to issue a refund of $2,735.43 resulting from proration of 2019 BPOL license due to business closure. Attachments: Consent Agenda 10-22-19 Recommendations: Approve  City Council Agenda Summary Meeting Date: October 22, 2019 Item No: Department: Commissioner of the Revenue, City Treasurer Issue: Refund Resulting from proration of 2019 BPOL license due to business closure. Summary: A local business has closed as of June 30, 2019 and requested a proration of the BPOL license paid for calendar year 2019. The proration resulted in a refund of $2,735.43. Because the refund amount is over $2,500, City Council must authorize the City Treasurer to issue the refunds so that the timing of the refund does not negatively impact the city’s cash flow. The Code of Virginia authorizes the City Treasurer to issue refunds up to $2,500 without prior authorization of City Council. Because the refund amount is over this limit, City Council must authorize the City Treasurer to issue the refund. Pursuant to City Ordinance §11-23(f) there is no need to calculate interest provided the refund is made within 30 days of the adjustment to reflect actual tax liability. Though the business owner has ceased operations, another entity is taking over the business under a different name at the same location and has already acquired their business license for the balance of the calendar year. The net result to the city’s cash flow is actually an increase based on the new owner’s estimate of gross receipts for the balance of the calendar year. Attachments: None Recommendations: Authorize City Treasurer to issue refund of $2,735.43 to a city business for overpayment of their 2019 business license.  BUDGET ADDITIONS FOR 10/22/19 ORG OBJECT DESCRIPTION DEBIT CREDIT BUDGET ADDITIONS FY2020 General Fund: 01100909 490104 Advanced/Recovered Costs 800 01413149 506008 Street Construction ‐ Vehicle Maint/Equipment 800 Insurance Claim 01100909 490104 Advanced/Recovered Costs 1,000 01321102 506130 Fire Dept ‐ Repair/Maint ‐ Burn Building 1,000 Reimbursement 01100909 490104 Advanced/Recovered Costs 58,800 01341135 506300 Inspections ‐ Demolition 58,800 Aaron Street property demolition Total General Fund: 60,600 60,600 School Operating Fund: 18103919 489904 Private Grants/Donations 21,896 87301310 561300 PT S&W 19,643 87301310 562100 Soc Sec 1,503 87301310 565503 Travel 400 87301310 566000 Mat & Sup 350 Goodwill Grant ‐ Adult Ed Total School Operating Fund: 21,896 21,896