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City Council

Regular Meeting

Martinsville, VA · June 23, 2020

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Minutes

June 23, 2020 Council Meeting The regular meeting of the Council of the City of Martinsville, Virginia was held on June 23, 2020 in Council Chambers, Municipal Building, at 7:30 PM with Mayor Kathy Lawson presiding. Other Council Members present included Jim Woods, Danny Turner, Jennifer Bowles and Chad Martin. Staff present included City Manager Leon Towarnicki, Assistant City Manager/City Attorney Eric Monday, Finance Director Linda Conover, Assistant Finance Director Mandy McGhee, Community Development Director Mark McCaskill and Deputy Police Chief Rob Fincher. Mayor Lawson called the meeting to order and advised Council would go into Closed Session beginning at 5:45 PM. In accordance with section 2.1-344 (A) Code of Virginia (1950, and as amended) and upon a motion by Council Member Woods and seconded by Council Member Turner with the following 5-0 recorded vote: Vice Mayor Martin, aye; Council Member Turner, aye; Council Member Woods, aye; and Mayor Lawson, aye. Council Member Bowles arrives for closed session at 6:45pm. Council convened in Closed Session to discuss the following matters: (A) Appointments to boards and commissions, as authorized by Subsection 1, (B) Discussion of the award of a public contract involving the expenditure of public funds, including interviews of bidders or offerors, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, as authorized by Subsection 29, and (C) Consultation with legal counsel and briefings by staff members, attorneys or consultants pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by such counsel, as authorized by Subsection 7. 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 A motion was made by Council Member Bowles; seconded by Council Member Woods, with the following 5-0 recorded vote in favor to return to Open Session: Mayor Lawson, aye; Vice Mayor Martin, aye; Council Member Bowles, aye; Council Member Turner, aye; and Council Member Woods. Mayor Lawson called the meeting to order. Out of Closed Session, Vice Mayor Martin made a motion to appoint Jacovia Hairston to the Planning Commission for a 4-year term ending June 30, 2024. Council Member Woods seconded the motion with all Council voting in favor. Council Member Bowles made a motion to reappoint Donna Dillard to the School Board for a 3-year term ending June 30, 2023. Council Member Turner seconded the motion with all Council voting in favor. June 23, 2020 Council Meeting Council Member Woods made a motion to appoint Tony Jones to the School Board for a 3- year term ending June 30, 2023. Vice Mayor Martin seconded the motion with all Council voting in favor. Council Member Bowles made a motion to appoint Wayne Draper to the Board of Appeals for a 5-year term ending June 23, 2025. Council Member Turner seconded the motion with all Council voting in favor. There was no additional action taken in Closed Session. Following the Pledge to the American Flag and invocation by Vice Mayor Martin, Lawson welcomed everyone to the meeting. Lawson explained that the meeting would follow COVID guidelines, allowing Council Members plus ten others in attendance and recognizing social distancing recommendations. Approve minutes for the May 26, 2020 Council Meeting, May 27, 2020 Work Session, June 2, 2020 Work Session and the June 4, 2020 Work Session – Council Member Bowles requested a change to the June 4 minutes. Council Member Woods made a motion to approve the minutes as amended. Council Member Turner seconded the motion with all Council Members voting in favor. Hear an update on Martinsville Mustangs Baseball – City Manager Towarnicki shared that the Martinsville Mustangs would begin their season soon under COVID restrictions. Greg Suire, Managing Partner of the Mustangs was in attendance to share details on the opening and the steps taken to protect the fans and to make the field look even better than before. Martinsville will be the first City in the state to host a college or minor league baseball game with 28 home games on the schedule this season. Every player has to test negative for COVID. Every morning their temperature is taken when arriving at the park for practice. The old clubhouse has been remodeled to separate players, only allowing a minimum amount of players in at a given time to allow social distancing. There will be two entrances and two exits to allow social distancing for fans attending. Martinsville tripled host families in the past year. The season will be longer lasting until August 16. Hear a presentation from the Police Department regarding their 2019 Annual Report – Police Chief Eddie Cassady and Lieutenant Sandy Hines presented the Annual Report. Investigative Secretary and Crime Analyst Hannah Boyd was also in attendance. Cassady said he could not thank the men and women who work for him enough and he is thankful for the relationship his department has with the City residents. June 23, 2020 Council Meeting June 23, 2020 Council Meeting June 23, 2020 Council Meeting June 23, 2020 Council Meeting Consider approval on second reading Ordinance 2020-2 establishing a local tax exemption for real estate owned by Theater Works Community Players, Inc. – City Attorney Monday explained the need for the ordinance. Monday explained that Council Member Woods is on the Theater Works but is not compensated so therefore would not present a conflict of interest. Council Member Bowles made a motion to approve the ordinance on second reading. Council Member Woods seconded the motion with the following roll call vote: Lawson, aye; Martin, aye; Bowles, aye; Turner, aye; and Woods, aye. June 23, 2020 Council Meeting Consider approval of Budget Ordinance 2020-U-3 on second reading – City Manager Towarnicki briefly summarized the budget presented and changes made for FY20-21. Turner asked that the electric rate increase not go into effect until August 31 and at that time, anyone delinquent would have a year to get caught up. Turner does not want to see mass shut-offs. Towarnicki confirmed there has been discussion on extending the cut-offs for 2 months until September and payment plans are being offered to customers. He also noted that delaying the rate adjustment would require changes to the electric budget since that would affect revenue coming in. A motion was made by Council member Bowles, seconded by Council member Woods to approve Budget Ordinance 2020-U-3 as presented. Council member Turner offered a substitute motion to delay the electric rate increase until September 1, but that motion died due to lack of a second. Roll call vote: Lawson, aye; Martin, aye; Bowles, aye; Turner, nay; and Woods, aye. The budget ordinance was approved 4-1. June 23, 2020 Council Meeting Consider approval of ordinance concerning Uptown refuse collection – City Attorney Monday corrected the ordinance number, which should be Ordinance 2020-3. The issue of uptown trash collection has been an issue for a number of years with businesses setting out their trash the night before or the Friday for Monday pickup. Sometimes trash is not properly bagged or scattered due to animals or weather. This ordinance will be enforced if Council passes it as a Class 1 misdemeanor but could significantly improve the appearance in uptown Martinsville. There would be a first offense warning. Council Member Woods made a motion to adopt the ordinance. Vice Mayor Martin seconded the motion with the following roll call vote: Lawson, aye; Martin, aye; Bowles, aye; Turner, aye; and Woods, aye. June 23, 2020 Council Meeting Consider approval of consent agenda – Council Member Bowles made a motion to approve the Consent Agenda as presented. Council Member Woods seconded the motion with all Council Members voting in favor. Council Members asked questions about the COVID Care funding. June 23, 2020 Council Meeting Business from the Floor – No comments from the public received Comments by City Council – Council Member Turner asked if some of the COVID Care funds could be used to benefit the Martinsville Mustangs. Vice Mayor Martin encouraged residents to complete the census. Council Member Woods is looking forward to the opening of Hooker Field and the Mustangs season. Theater Works will offer another live stream on July 2 with an online piano bar presentation. Council Member Bowles that the Healthy Food Hub feasibility study will be held June 25 from 5:30-6:30 to collect resident opinions and share options on a healthy food center on the west end. Mayor Lawson expressed congratulations to Hannah Boyd in the Police Department for her certification. Saturday is Hazardous Waste Day from 7am-10am. Comments by the City Manager – City Manager Towarnicki discussed the Cares funding, sharing information on the committee that was organized to review the applications every Tuesday. Of the 36 applications so far, financial assistance awards have been given to 21 small businesses totaling $69,494. The application can be accessed through the City website. The City is in the process of applying for a new grant for a sewer project. It has been discovered that there is another interceptor line at Jones Creek area that will need approximately $3.75million in repairs, the grant could cover up to 80% of those repairs. The City has received two proposals for the BB&T building. There being no further business, Council Member Turner made a motion to adjourn the meeting; the motion was seconded by Council Member Bowles with all Council Members voting in favor. The meeting adjourned at 9:15pm. ______________________________________ ______________________________________ Karen Roberts Kathy Lawson Clerk of Council Mayor

Agenda

AGENDA--CITY COUNCIL -- CITY OF MARTINSVILLE, VIRGINIA Council Chambers – Municipal Building 5:45pm Closed Session 7:30pm Regular Session Tuesday June 23, 2020 5:45 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 pm - Regular Session Pledge to the American Flag and Invocation by Vice Mayor Martin 1. Approve minutes for the May 26, 2020 Council Meeting, May 27, 2020 Work Session, June 2, 2020 Work Session and the June 4, 2020 Work Session (5 mins) 2. Hear an update on Martinsville Mustangs Baseball. (15 mins) 3. Hear a presentation from the Police Department regarding their 2019 Annual Report. (15 mins) 4. Consider approval on second reading Ordinance 2020-2 establishing a local tax exemption for real estate owned by Theater Works Community Players, Inc.. (10 mins) 5. Consider approval of Budget Ordinance 2020-U-3 on second reading. (10 mins) 6. Consider approval of ordinance concerning Uptown refuse collection. (10 mins) 7. Consider approval of consent agenda (2 mins) 8. 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, May 26 for consideration by Council at this meeting. 9. Comments by members of City Council. (5 minutes) 10. Comments by City Manager and City Attorney. (5 minutes) City Council Agenda Summary Meeting Date: June 23, 2020 Item No: 1. Department: Clerk of Council Issue: Consider approval of minutes Summary: None Attachments: May 26, 2020 Council Meeting May 27, 2020 Work Session June 2, 2020 Work Session June 4, 2020 Work Session Recommendations: Motion to approve minutes as presented. City Council Agenda Summary Meeting Date: June 23, 2020 Item No: 2. Department: City Manager Issue: Hear an update on Martinsville Mustangs Baseball. Summary: Information will be presented regarding the upcoming 2020 Coastal Plain League baseball season and how the Covid 19 pandemic is causing changes to both scheduling and operations. The City’s management partner for operation of the Martinsville Mustangs for the 2020 season, Mr. Greg Suire, is planning on attending the meeting and providing the update. Attachment: None Recommendation: No action needed – presented for information purposes. City Council Agenda Summary Date: June 23, 2020 Item No: Department: Police Issue: Hear a presentation from the Police Department regarding their 2019 Annual Report. Summary: The Police Department has compiled information regarding departmental activities for calendar year 2019 into an annual report format and will present the information at the June 23 Council meeting. Attachments: None. Information will be presented at the meeting. Recommendations: This item is being presented for Council and public information purposes. No Council action is required. City Council Agenda Summary Meeting Date: June 23, 2020 Item No: 4. Department: City Attorney, Commissioner of the Revenue Issue: Consider approval on second reading Ordinance 2020-2 establishing a local tax exemption for real estate owned by Theater Works Community Players, Inc. Summary: Council approved a BPOL and personal property exemption for Theaterworks in 2012. They have since acquired real estate, and now seek exemption for that as well: Theater Works Community Players, Inc., holding real estate at 44 Franklin Street, with a total current assessed value of $143,200; real property taxes thereon are $1,520.93. Council conducted a public hearing at the June 9 meeting and hearing no opposition to the request, voted to approve Ordinance 2020-2 on first reading. Attachments: Exemption Ordinance 2020-2. Recommendation: Consider approval on second reading by roll call vote. City Council Agenda Summary Ordinance 2020-2 BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in regular session held on June 23, 2020 and pursuant to Section 58.1-3651 of the Code of Virginia, that Section 21-12, specifically subsection (k)(2), of the City Code be amended as follows: ________________________________________________________ _____ ________________ _ (k) Taxation exemption for Theatre Works Community Players. After convening a duly advertised public hearing and considering the factors set forth in Code of Virginia § 58.1-3651(B), the city council of Martinsville, Virginia hereby ordains the following: 1. Theatre Works Community Players, a nonprofit organization, is hereby classified and designated as a cultural organization within the context of Section 6(a)(6) of Article X of the Constitution of Virginia. 2. BPOL Gross revenue, together with real and personal property owned by Theatre Works Community Players, and used exclusively for cultural purposes on a nonprofit basis, as set forth in subsection (1) of this section, is hereby determined to be exempt from local BPOL, real and personal property taxation. 3. Continuance of the exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is classified or designated. ******** Attest: ________________________________ Karen Roberts, Clerk of Council City Council Agenda Summary Meeting Date: June 23, 2020 Item No: 5. Department: City Council Issue: Consider approval of Budget Ordinance 2020-U-3 on second reading. Summary: The City’s proposed FY21 Budget was presented to Council at the May 26, 2020 meeting. Work sessions were held on Wednesday, May 27th with Schools and outside agency discussion; Tuesday, June 2nd with Social Services, several City departments, the Sheriff, and capital discussion; and Thursday, June 4 to cover questions from prior work sessions. Council conducted a public hearing at their last meeting on June 9th and after discussion, voted (4 – 1) to approve Budget Ordinance 2020-U-3 on first reading. Attachments: Ordinance 2020 –U-3, outlining fund details of the proposed City’s FY20-21 Budget. Recommendations: Approve on second reading (roll call vote), subject to changes or modifications Council desires to make. Ordinance 2020-U-3 The Budget for Fiscal Year 2020-2021 BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in regular session assembled June 23, 2020, that the following sums of money be and hereby are appropriated — by specific Fund — for the City's fiscal year ending June 30, 2021, from the following Fund sources of estimated revenue: ______________________________________________________________________________ SUMMARY STATEMENT OF BUDGET ESTIMATES 2020-2021 PROJECTED BUDGETED CHANGES FUND FUND REVENUES EXPENDITURES BALANCE General $31,051,819 $32,658,074 ($1,606,255) Meals Tax $2,081,930 $2,081,930 $0 Capital Reserve $500,488 $501,095 ($607) Refuse $2,266,600 $4,328,401 ($2,061,801) Telecommunications $2,295,365 $2,255,311 $40,054 Water $4,091,165 $3,420,389 $670,776 Sewer $4,604,012 $5,241,248 ($637,236) Electric $20,132,524 $21,150,059 ($1,017,535) Cafeteria* $1,627,447 $1,714,660 ($87,213) School Operating* $21,866,116 $21,866,116 $0 CDBG $22,666 $1,436 $21,230 TOTALS: $90,540,132 $95,218,719 ($4,678,587) *Provided by School Personnel 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 Water: Increase in monthly bill of $1.50 Proposed for Electric: Increase in PCA of 2.5% BE IT FURTHER ORDAINED by said Council that this Ordinance shall be effective on and after July 1, 2020. ********* Attest: ________________________________ Karen Roberts, Clerk of Council City Council Agenda Summary Date: June 23, 2020 Item No: 6. Department: City Attorney Issue: Consider adoption of Ordinance 2020-1 concerning Uptown refuse collection. Summary: For years, there has been an issue with Uptown business owners putting out trash the evening before, or sometimes, the Friday before, the Uptown trash collection—which occurs daily, M-F. The City sends the truck around mid-morning, which would allow business owners to put trash out the morning of—but in a few persistent cases, this simply is not happening. We receive many complaints from the majority of business owners who do comply, and from citizens, that the bags obstruct the sidewalks, look terrible—often over the entire weekend, and sometimes get ripped open and the contents scattered. The attached draft ordinance reflects comments and suggestions from uptown businesses and residents. The proposed 9:30 a.m. cut-off for placement is the latest the City could realistically set, to ensure same-day collection. Violation of any refuse ordinances is a Class 1 misdemeanor. Attachments: Draft Ordinance 2020-1, enacting § 18-18.1. Recommended Action: Adopt on first reading, roll-call vote. CITY OF MARTINSVILLE, VIRGINIA ORDINANCE NO. 2020-1 COLLECTION OF REFUSE IN UPTOWN BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in Regular Session held on June 23, 2020 that Section 18-18.1 of the City Code is hereby enacted, to read as follows: ______________________________________________________________________________ Sec. 18-18.1. – Collection of refuse in Uptown. In the Uptown Martinsville Historic District, refuse shall be placed on the curb for collection no earlier than 5:00 a.m., and no later than 9:30 a.m., on any designated day of collection. No refuse shall be placed on the curb between the hours of 9:30 a.m. of any Friday and 5:00 a.m. of any Monday, nor shall it placed on the curb during any holiday designated by the City on which refuse collection has been suspended. Charter reference— Authority of city to collect and dispose of garbage and other waste, Ch. 1, § 2(19). ********* Attest: ________________________________ Karen Roberts, Clerk of Council City Council Agenda Summary Meeting Date: July 23, 2020 Item No: 7. Department: Finance Issue: Consider approval of the consent agenda Summary: Item #1: The attachment amends the FY20 budget with appropriations in the following fund: General: $ 41,382 – Grants; Forfeited Assets Item #2: The attachment appropriates CARES Act funds received in the following funds: General: $ 27,342 – Replacement of lost revenue for Ambulance Services CARES: $1,095,288 – CARES Act funds from Federal Government Attachments: Consent Agenda – 6-23-20; Consent Agenda – 6-23-20 CARES Recommendations: Approve. BUDGET ADDITIONS FOR 6/23/20 ORG OBJECT DESCRIPTION DEBIT CREDIT BUDGET ADDITIONS FY2020 General Fund: 01101918 443407 State Grants ‐ DHCD Daycare Assessment 31,500 01913250 503140 General Expense ‐ Eng & Arch 31,500 DHCD grant ‐ Daycare needs/site evaluation 01101917 442401 Categorical Other State ‐ Confiscated Assets ‐ PD 749 01101917 442402 Categorical Other State ‐ Confiscated Assets ‐ CA 173 01311085 506078 Police Dept ‐ State Asset Forfeitures 749 01221082 506105 Commonwealth's Atty ‐ State Asset Forfeitures 173 Forfeited assets from Commonwealth 01102926 405555 Brownfields Grant ‐ EPA 9,410 01812247 503136 Brownfields ‐ Hazardous ‐ Consultant 7,384 01812249 503136 Brownfields ‐ Petroleum ‐ Consultant 2,026 Requisition #5 Total General Fund: 41,832 41,832 BUDGET ADDITIONS FOR 6/23/20 ORG OBJECT DESCRIPTION DEBIT CREDIT BUDGET ADDITIONS FY2020 General Fund: 01102926 442305 Categorical/Federal ‐ CARES Act fund (EMS) 27,342 01322105 506146 Emergency Med Services ‐ CARES Act supplement 27,342 Replacement of lost revenue ‐ ambulance services Total General Fund: 27,342 27,342 CARES ACT Fund: 17102926 442305 Categorical/Federal ‐ CARES Act Funds 1,095,288 17913250 506146 General Expense ‐ CARES Act Funds 845,288 17812242 503600 Community Dev ‐ Small Business Grants 250,000 CARES Act funds received from Federal Government Total CARES Act Fund 1,095,288 1,095,288

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