City Council

AGENDA--CITY COUNCIL -- CITY OF MARTINSVILLE, VIRGINIA Council Chambers – Municipal Building 7:30 pm Regular Session Tuesday April 14, 2020 7:30 pm - Regular Session Pledge to the American Flag and Invocation by Mayor Lawson 1. Consider approval of the minutes for December 10, 2019 Council Meeting, January 14, 2020 Council Meeting, January 28, 2020 Council Meeting, February 11, 2020 Council Meeting, February 25, 2020 Council Meeting, and March 10, 2020 Council Meeting. (5 mins) 2. Consider adoption of a resolution confirming a local emergency declaration, an ordinance adopting COVID-19 emergency measures, and a resolution for electronic meetings. (10 mins) 3. Consider adoption of a resolution authorizing the filing of an application for community improvement grant funds through the Virginia Community Development Block Grant Program. (10 mins) 4. Hear information regarding the City’s FY21 budget process. (10 mins) 5. Consider approval of consent agenda (2 mins) 6. Business from the Floor - CANCELLED As a result of COVID-19 issues, business from the floor will not occur at City Council meetings until further notice. Citizens desiring to present comments for Council’s consideration may do so by emailing the comments to Karen Roberts, Clerk of Council at kroberts@ci.martinsville.va.us, calling in the comments to 276- 403-5182, faxing comments to 276-403-5280, or mailing comments to City of Martinsville, attn.: Karen Roberts, P.O. Drawer 1112, Martinsville, VA 24114. Comments must be received by noon, April 14 for consideration by Council at this meeting. 7. Comments by members of City Council. (5 minutes) 8. Comments by City Manager and City Attorney. (5 minutes)  City Council Agenda Summary Meeting Date: April 14, 2020 Item No: 1. Department: Clerk of Council Issue: Consider approval of minutes Summary: None Attachments: December 10, 2019 Council Meeting January 14, 2020 Council Meeting January 28, 2020 Council Meeting February 11, 2020 Council Meeting February 25, 2020 Council Meeting March 10, 2020 Council Meeting. Recommendations: Motion to approve minutes as presented.  City Council Agenda Summary Date: April 14, 2020 Item No: 2. Department: City Attorney Issue: Consider adoption of a resolution confirming a local emergency declaration, an ordinance adopting COVID-19 emergency measures, and a resolution for electronic meetings. Summary: On March 17, the Mayor declared a local emergency in response to the pandemic. State law requires confirmation by Council, and also provides for emergency measures to ensure the continued functioning of government. The ordinance provides for continuity of government, and the Resolution for Electronic Meeting enables Council and all City boards and commissions to continue to meet via alternative means. Attachments: (1) Resolution confirming the emergency declaration; (2) a Resolution authorizing the adoption of procedures for electronic meetings and public hearings to ensure the continuity of government during the COVID-19 pandemic disaster; and (3) Emergency ordinance to effectuate temporary changes in certain deadlines and to modify public meeting and public hearing practices and procedures to address continuity of operations associated with pandemic disaster. Recommendations: Discussion, possible amendment. Adoption of both Resolutions and Ordinance at Council’s pleasure, to take effect immediately, on an emergency basis. All three matters can be handled concurrently with one roll call vote.  RESOLUTION CONFIRMING THE MAYOR’S DECLARATION OF A LOCAL EMERGENCY (COVID-19 Virus) (Virginia Code § 44-146.21) WHEREAS, the World Health Organization characterized the spread of the COVID-19 virus as a pandemic on March 11, 2020; and WHEREAS, the Governor declared a state of emergency on March 12, 2020, related to the COVID-19 virus; and WHEREAS, the COVID-19 virus and its continued spread pose an imminent threat to the public health and safety of the residents of the City of Martinsville, and the consequences of the virus are of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate any potential damage, hardship, suffering, or possible loss of life; and WHEREAS, because of the imminent threat to the public health and safety to the residents of the City of Martinsville arising from the COVID-19 virus, Mayor Kathy C. Lawson declared a local emergency on March 17, 2020, pursuant to Virginia Code § 44-146.21; and WHEREAS, given the Governor's declaration on March 12, 2020, and the immediate need for local emergency actions to begin, the Martinsville City Council could not timely convene to give its prior consent to the Mayor’s declaration. NOW THEREFORE, BE IT RESOLVED, that the Martinsville City Council confirms the declaration of a local emergency by the Mayor on March 17, 2020. ********* Attest: __________________________________ Karen Roberts, Clerk of Council  RESOLUTION AUTHORIZING THE ADOPTION OF PROCEDURES FOR ELECTRONIC PUBLIC MEETINGS AND PUBLIC HEARINGS TO ENSURE THE CONTINUITY OF GOVERNMENT DURING THE COVID-19 PANDEMIC DISASTER WHEREAS, on March 12, 2020, Governor Ralph S. Northam issued Executive Order Fifty-One declaring a state of emergency for the Commonwealth of Virginia arising from the novel Coronavirus (COVID-19) Pandemic; and WHEREAS, Executive Order Fifty-One acknowledged the existence of a public health emergency which constitutes a disaster as defined by Virginia Code § 44-146.16 arising from the public health threat presented by a communicable disease anticipated to spread; and WHEREAS, Executive Order Fifty-One ordered implementation of the Commonwealth of Virginia Emergency Operations Plan, activation of the Virginia Emergency Operations Center to provide assistance to local governments, and authorization for executive branch agencies to waive "any state requirement or regulation" as appropriate; and WHEREAS, on March 13, 2020, the President of the United States declared a national emergency, beginning March 1, 2020, in response to the spread of COVID-19; and WHEREAS, on March 11, 2020, the World Health Organization declared the COVID-19 outbreak a pandemic; and WHEREAS, on April 14, 2020, the Martinsville City Council confirmed the declaration of local emergency made by the Mayor on March 17, 2020, specifically finding that the COVID- 19 Pandemic constitutes a "disaster" as defined in Virginia Code § 44-146.16, being a "communicable disease of public health threat"; and WHEREAS, Virginia Code § 15.2-1413 provides that, notwithstanding any contrary provision of law, a locality may, by ordinance, provide a method to assure continuity of government in the event of a disaster for a period not to exceed six months; and WHEREAS, on April 14, 2020, the Martinsville City Council, pursuant to Virginia Code § 15.2-1413, adopted an Emergency Ordinance to Effectuate Temporary Changes in Certain Deadlines and to Modify Public Meeting and Public Hearing Practices and Procedures to Address Continuity of Operations Associated with Pandemic Disaster ("Emergency Ordinance"); and WHEREAS, through its Emergency Ordinance, the Council specifically found that 1 COVID-19 constitutes a real and substantial threat to public health and safety and constitutes a "disaster" as defined by Virginia Code § 44-146.16 being a "communicable disease of public health threat" and WHEREAS, through its Emergency Ordinance, the Council further found that the COVID-19 pandemic makes it unsafe to assemble in one location a quorum for public bodies including the Council, the School Board, the Planning Commission and all local and regional boards, commissions, committees and authorities created by the Council or to which the Council appoints all or a portion of its members (collectively "Public Entities" and individually "Public Entity"), or for such Public Entities to conduct meetings in accordance with normal practices and procedures; and WHEREAS, through its Emergency Ordinance, the Council adopted certain procedures to ensure the continuity of government during the COVID-19 Pandemic disaster ("Continuity Procedures"), suspended any deadlines applicable to Public Entities and their staff during the COVID-19 disaster, and authorized Public Entities, at their discretion, to postpone non-emergency public hearings and action items during the disaster; and WHEREAS, the Architectural Review Board, Arts & Cultural Committee, Board of Appeals, Board of Zoning Appeals, Industrial Development Authority, Planning Commission, School Board, Transportation Safety Commission, Tree Board, Anchor Group Home System Commission, Blue Ridge Regional Library Governing Board, Comprehensive Services Act Community Policy and Management Team, Dan River Alcohol Safety Action Program Policy Board, Henry-Martinsville Joint Social Services Board, Patrick Henry Community College Board, Piedmont Regional Community Services Board, Pittsylvania County Community Action Agency Board, Southern Area Agency on Aging Board of Directors, Southern Virginia Recreational Facilities Authority, West Piedmont Disability Services Board, West Piedmont Planning District Board of Commissioners, West Piedmont Planning District Technical Advisory Committee, Western Virginia Emergency Medical Services Council and POWER Advisory Committee, being public bodies created by Council pursuant to the Code of Virginia, and whose members are appointed by Council, are Public Entities included within the scope of the Emergency Ordinance. NOW, THEREFORE, BE IT RESOLVED that the Architectural Review Board, Arts & Cultural Committee, Board of Appeals, Board of Zoning Appeals, Industrial Development Authority, Planning Commission, School Board, Transportation Safety Commission, Tree Board, Anchor Group Home System Commission, Blue Ridge Regional Library Governing Board, Comprehensive Services Act Community Policy and Management Team, Dan River Alcohol Safety Action Program Policy Board, Henry-Martinsville Joint Social Services Board, Patrick Henry Community College Board, Piedmont Regional Community Services Board, Pittsylvania County Community Action Agency Board, Southern Area Agency on Aging Board of Directors, Southern Virginia Recreational Facilities Authority, West Piedmont Disability Services Board, West Piedmont Planning District Board of Commissioners, West Piedmont Planning District Technical Advisory Committee, Western Virginia Emergency Medical Services Council and POWER Advisory Committee hereby incorporate by reference and adopt the Continuity Procedures prescribed in the Emergency Ordinance, a copy of which is attached hereto; and 2  BE IT FURTHER RESOLVED that the Architectural Review Board, Arts & Cultural Committee, Board of Appeals, Board of Zoning Appeals, Industrial Development Authority, Planning Commission, School Board, Transportation Safety Commission, Tree Board, Anchor Group Home System Commission, Blue Ridge Regional Library Governing Board, Comprehensive Services Act Community Policy and Management Team, Dan River Alcohol Safety Action Program Policy Board, Henry-Martinsville Joint Social Services Board, Patrick Henry Community College Board, Piedmont Regional Community Services Board, Pittsylvania County Community Action Agency Board, Southern Area Agency on Aging Board of Directors, Southern Virginia Recreational Facilities Authority, West Piedmont Disability Services Board, West Piedmont Planning District Board of Commissioners, West Piedmont Planning District Technical Advisory Committee, Western Virginia Emergency Medical Services Council and POWER Advisory Committee hereby authorizes and directs its officers and staff to take all steps reasonably necessary or appropriate to implement such Continuity Procedures and to develop any specific procedures as applicable and appropriate for the Architectural Review Board, Arts & Cultural Committee, Board of Appeals, Board of Zoning Appeals, Industrial Development Authority, Planning Commission, School Board, Transportation Safety Commission, Tree Board, Anchor Group Home System Commission, Blue Ridge Regional Library Governing Board, Comprehensive Services Act Community Policy and Management Team, Dan River Alcohol Safety Action Program Policy Board, Henry-Martinsville Joint Social Services Board, Patrick Henry Community College Board, Piedmont Regional Community Services Board, Pittsylvania County Community Action Agency Board, Southern Area Agency on Aging Board of Directors, Southern Virginia Recreational Facilities Authority, West Piedmont Disability Services Board, West Piedmont Planning District Board of Commissioners, West Piedmont Planning District Technical Advisory Committee, Western Virginia Emergency Medical Services Council and POWER Advisory Committee, provided that such specific procedures are consistent with the terms and conditions of the Emergency Ordinance; and BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon adoption and shall remain in effect during the pendency of the Emergency Ordinance including for any applicable period upon the re-adoption of the Emergency Ordinance by Council. Adopted this 14th day of April, 2020. ********* Attest: __________________________________ Karen Roberts, Clerk of Council 3  EMERGENCY ORDINANCE TO EFFECTUATE TEMPORARY CHANGES IN CERTAIN DEADLINES AND TO MODIFY PUBLIC MEETING AND PUBLIC HEARING PRACTICES AND PROCEDURES TO ADDRESS CONTINUITY OF OPERATIONS ASSOCIATED WITH PANDEMIC DISASTER. WHEREAS, on March 12, 2020, Governor Ralph S. Northam issued Executive Order Fifty-One declaring a state of emergency for the Commonwealth of Virginia arising from the novel Coronavirus (COVID-19) Pandemic; and WHEREAS, Executive Order Fifty-One acknowledged the existence of a public health emergency which constitutes a disaster as defined by Virginia Code § 44-146.16 arising from the public health threat presented by a communicable disease anticipated to spread; and WHEREAS, Executive Order Fifty-One ordered implementation of the Commonwealth of Virginia Emergency Operations Plan, activation of the Virginia Emergency Operations Center to provide assistance to local governments, and authorization for executive branch agencies to waive "any state requirement or regulation" as appropriate; and WHEREAS, on March 13, 2020, the President of the United States declared a national emergency, beginning March 1, 2020, in response to the spread of COVID-19; and WHEREAS, on March 11, 2020, the World Health Organization declared the COVID-19 outbreak a pandemic; and WHEREAS, on April 14, 2020, the Martinsville City Council confirmed the declaration of local emergency made by the Mayor on March 17, 2020; and WHEREAS, the Council finds that COVID-19 constitutes a real and substantial threat to public health and safety and constitutes a "disaster" as defined by Virginia Code § 44-146.16 being a "communicable disease of public health threat;" and WHEREAS, Virginia Code § 15.2-1413 provides that, notwithstanding any contrary provision of law, a locality may, by ordinance, provide a method to assure continuity of government in the event of a disaster for a period not to exceed six months; and WHEREAS, Virginia Code § 44-146.21(C) further provides that a local director of emergency management or any member of a governing body in his absence may upon the declaration of a local emergency "proceed without regard to time-consuming procedures and formalities prescribed by law (except mandatory constitutional requirements) pertaining to performance of public work;" and 1  WHEREAS, Virginia Code§ 2.2-3708.2(A)(3) allows, under certain procedural requirements including public notice and access, that members of Council may convene solely by electronic means "to address the emergency;" and WHEREAS, the open public meeting requirements of the Virginia Freedom of Information Act ("FOIA") are limited only by a properly claimed exemption provided under that Act or "any other statute;" and WHEREAS, the Governor and Health Commissioner of the Commonwealth of Virginia and the President of the United States have recommended suspension of public gatherings of more than ten attendees; and WHEREAS, The Attorney General of Virginia issued an opinion dated March 20, 2020, stating that localities have the authority during disasters to adopt ordinances to ensure the continuity of government; and WHEREAS, this emergency ordinance in response to the disaster caused by the COVID- 19 pandemic promotes public health, safety and welfare and is consistent with the law of the Commonwealth of Virginia, the Constitution of Virginia and the Constitution of the United States of America. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Martinsville, Virginia: 1. That the COVID-19 pandemic makes it unsafe to assemble in one location a quorum for public bodies including the Council, the School Board, the Planning Commission, Board of Zoning Appeals, Board of Equalization [other?] and all local and regional boards, commissions, committees and authorities created by the Council or to which the Council appoints all or a portion of its members (collectively "Public Entities" and individually "Public Entity"), or for such Public Entities to conduct meetings in accordance with normal practices and procedures. 2. That in accordance with Virginia Code § 15.2-1413, and notwithstanding any contrary provision of law, general or special, the following emergency procedures are adopted to ensure the continuity of government during this emergency and disaster: a. Any meeting or activities which require the physical presence of members of the Public Entities may be held through real time electronic means (including audio, telephonic, video or other practical electronic medium) without a quorum physically present in one location; and b. Prior to holding any such electronic meeting, the Public Entity shall provide public notice of at least 3 days in advance of the electronic meeting identifying how the public may participate or otherwise offer comment; and c. Any such electronic meeting of Public Entities shall state on its agenda and at the beginning of such meeting that it is being held pursuant to and in compliance with this Ordinance; identify Public Entity members physically and/or electronically present; identify the persons responsible for receiving public comment; and identify notice of the opportunities for the public to access and participate in such electronic meeting; and d. Any such electronic meeting of the Public Entities shall be open to electronic 2  participation by the public and closed to in-person participation by the public; and e. For any matters requiring a public hearing, public comment may be solicited by electronic means in advance and shall also be solicited through telephonic or other electronic means during the course of the electronic meeting. All such public comments will be provided to members of the Public Entity at or before the electronic meeting and made part of the record for such meeting; and f. The minutes of all electronic meetings shall conform to the requirements of law, identify how the meeting was conducted, members participating, and specify what actions were taken at the meeting. The Public Entities may approve minutes of an electronic meeting at a subsequent electronic meeting and shall later approve all such minutes at a regular or special meeting after the emergency and disaster has ended. IT IS FURTHER ORDAINED that notwithstanding any provision of law, regulation or policy to the contrary, any deadlines requiring action by a Public Entity, its officers (including Constitutional Officers) and employees of its organization shall be suspended during this emergency and disaster, however, the Public Entities, officers and employees thereof are encouraged to take such action as is practical and appropriate to meet those deadlines. Failure to meet any such deadlines shall not constitute a default, violation, approval, recommendation or otherwise. IT IS FURTHER ORDAINED that non-emergency public hearings and action items of Public Entities may be postponed to a date certain provided that public notice is given so that the public are aware of how and when to present their views. IT IS FURTHER ORDAINED that the provisions of this Emergency Ordinance shall remain in full force and effect for a period of 60 days, unless amended, rescinded or readopted by the Council in conformity with the notice provisions set forth in Virginia Code § 15.2-1427 but in no event shall such ordinance be effective for more than 6 months. Upon rescission by the Council or automatic expiration as described herein, this emergency ordinance shall terminate and normal practices and procedures of government shall resume. Nothing in this Emergency Ordinance shall prohibit Public Entities from holding in-person public meetings provided that public health and safety measures as well as social distancing are taken into consideration. An emergency is deemed to exist, and this ordinance shall be effective immediately upon its adoption. ********* Attest: __________________________________ Karen Roberts, Clerk of Council 3  City Council Agenda Summary Date: April 14, 2020 Item No: 3. Department: Community Development Issue: Consider adoption of a resolution authorizing the filing of an application for community improvement grant funds through the Virginia Community Development Block Grant Program. Summary: Considerable effort has been put into developing an application for Community Development Block Grant funds for the Pine Hall Road area of the City, and adoption of the Resolution authorizing the filing of the application is one of the final steps. The application is for the amount of $1,975,859 in block grant funds and when matched with other funds/in-kind contributions, the total project is $2,129,130. The Resolution defines the scope of the project and authorizes the City Manager to execute all documents as may be necessary. Attachments: Resolution Recommendations: Approve (motion, second, voice vote)  Council Members City Manager Kathy Lawson, Mayor Leon E. Towarnicki Chad Martin, Vice-Mayor City Attorney Jennifer Bowles Eric H. Monday Danny Turner Clerk of Council Jim Woods Karen Roberts RESOLUTION AUTHORIZING THE PREPARATION AND FILING OF AN APPLICATION FOR COMMUNITY IMPROVEMENT GRANT FUNDS THROUGH THE VIRGINIA COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the City of Martinsville, Virginia has identified revitalization of the City as a priority need through housing rehabilitation and the removal of blighting influences; and WHEREAS, the City is eligible for and wishes to apply for Virginia Community Development Block Grant (CDBG) funds in the 2020 Competitive Grant Funding cycle on or before April 24, 2020; and WHEREAS, the title of the City’s grant project is the Martinsville Pine Hall Neighborhood Revitalization Project; and WHEREAS, the City is requesting $1,975,859 Virginia Community Development Block Grant funds; and WHEREAS, the City has obtained or will obtain $334,273 in additional funds or in‐kind services through the United States Department of Agriculture (USDA) Rural Development (RD) Single Family Housing Repair Grant Program ($45,000 – Will Apply), the USDA RD Housing Preservation Grant Program ($19,000 – Will Apply), Investor‐Owner investment ($39,520 – Committed), in‐kind services ($128,368 ‐ Committed) by City staff, and local funds ($89,340 – Committed) through the Martinsville City Council for a total project cost of $2,129,130; and WHEREAS, the City of Martinsville is in receipt of eighteen (18) Preliminary Applications for Housing Assistance from residents within the final delineated project area of which eighteen (18) or 100% represent LMI households, seven (7) Landlord Participation Agreements from investor‐owners of residential property in the area and said property owners have indicated they will provide at least 10% of the cost of rehabilitating their properties for a total of $39,520 in private investment; and WHEREAS, said needs assessment and surveys identified deteriorating and dilapidated residential property as a significant problem in the targeted portion of the Pine Hall neighborhood as a blighting influence on the area; and WHEREAS, the proposed Housing Rehabilitation Program will provide one hundred percent (100%) direct benefit for eleven (11) LMI owner‐occupied housing units/households with twenty (21) persons and for seven (7) LMI tenant‐occupied housing units/households with approximately eleven (11) persons; and the planned demolition and street improvements will provide an indirect benefit for sixty (60) residential units/households (at full occupancy) by eliminating associated blight/blighting influences; and addition of broadband services will provide a direct benefit for two hundred (200) residential units/households (at full occupancy); and WHEREAS, the City of Martinsville has properly advertised and conducted public hearings on October 8, 2019 and March 10, 2020 which addressed the CDBG program and the CDBG project application, thereby meeting citizen participation requirements; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Martinsville, Virginia that: 1. The City of Martinsville wishes to apply for a 2020 CDBG Community Improvement Grant in the amount of $1,975,859 for the Martinsville Pine Hall Neighborhood Revitalization Project; and hereby commits a total of $217,708 in City investment combined with a solicited $124,495 in private investment and other grant funds for a total project cost of $2,129,130 for the purpose of rehabilitating or substantially reconstructing eighteen (18) residential housing units through a Housing Rehabilitation Program, providing infrastructure upgrades to the neighborhood streets, and installing broadband access in the delineated project area in order to meet all program‐eligible housing rehabilitation needs, to eliminate the blight/blighting influences in the final delineated project area, and provide broadband access throughout the neighborhood. 2. The City hereby authorizes the City Manager, the City’s chief administrative official, to execute and file all appropriate documents necessary for submission of the City of Martinsville’s 2020 Community Development Block Grant application on or before April 24, 2020 and to provide such additional information as may be required by the Virginia Department of Housing and Community Development. DATE: CITY OF MARTINSVILLE ___________________________ __________________________ Kathy Lawson, Mayor ATTEST: ___________________________ Karen Roberts, Clerk of Council  City Council Agenda Summary Date: April 14, 2020 Item No: 4. Department: City Manager Issue: Hear information regarding the City’s FY21 budget process. Summary: The City’s FY21 budget was initially planned for presentation to Council at the March 24 meeting, however, with significant budget changes and impacts occurring as a result of COVID-19 issues, the budget process is being delayed until the end of the current fiscal year. Information will be presented regarding potential impacts along with a revised budget presentation/work session schedule. Attachments: None Recommendations: No action needed by Council.  City Council Agenda Summary Meeting Date: April 14, 2020 Item No: 5. Department: Finance Issue: Consider approval of the consent agenda Summary: The attachment amends the FY20 budget with appropriations in the following funds: General: $ 60,332 – Grants; Forfeited Assets Sewer: $ 4,299 – Sale of Surplus Equipment School Operations: $ 80,081 - Grant Attachments: Consent Agenda – 4-14-20 Recommendations: Approve.  BUDGET ADDITIONS FOR 4/14/20 ORG OBJECT DESCRIPTION DEBIT CREDIT BUDGET ADDITIONS FY2020 General Fund: 01101917 442401 Categorical Other State ‐ Confiscated Assets ‐ PD 322 01311085 506078 Police Dept ‐ State Asset Forfeitures 322 Forfeited assets from Commonwealth 01102926 405555 Brownfields Grant ‐ EPA 45,968 01812247 503136 Brownfields ‐ Hazardous ‐ Consultant 40,961 01812249 503136 Brownfields ‐ Petroleum ‐ Consultant 5,007 Requisition #1 01101918 443106 State Grant ‐ VDEM ‐ SWVA Incident Mgmt Team 14,042 01321102 506100 SWVA IMT ‐ Misc Expense 14,042 Grant Reimbursement Total General Fund: 60,332 60,332 School Operations Fund: 18101918 404074 State Grant ‐ School Security Equipment 80,081 80004600 566056 Security ‐ Non‐capital Equipment 80,081 Grant funding Total School Operations Fund: 80,081 80,081 Sewer Fund: 13100905 450209 Sale of Salvage/Surplus 4,299 13550325 506007 W/W Plant ‐ Repairs & Maintenance 4,299 Sale of Surplus Equipment Total Sewer Fund: 4,299 4,299