City Council

AGENDA--CITY COUNCIL CITY OF MARTINSVILLE, VIRGINIA Council Chambers – Municipal Building 6:30pm Closed Session 7:00pm Regular Session Tuesday August 10, 2021 6:30 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. Discussion or consideration of the investment of public funds where competition or bargaining is involved, where, if made public initially, the financial interest of the governmental unit would be adversely affected, as authorized by Subsection 6. 7:00 pm - Regular Session Pledge to the American Flag and Invocation by Council Member Martin 1. Approve minutes from the July 27, 2021 Council Meeting. (5 mins) 2. Hear information from the Virginia Department of Health regarding the Covid 19 pandemic and planned efforts in regard to promoting vaccinations and addressing concerns over rising cases. (20 mins) 3. Consider adoption of a resolution confirming Council’s concurrence with revisions to the West Piedmont Planning District Commission’s Charter as approved by the WPPDC’s Board of Commissioners at their May 27, 2021 meeting. (10 mins) 4. Consider for review and discussion, a draft public comment policy for future Council meetings. (15 mins) 5. Consider approval of consent agenda. (5 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, August 10 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: August 10, 2021 Item No: 1. Department: Clerk of Council Issue: Consider approval of minutes Summary: None Attachments: July 27, 2021 Council Meeting Recommendations: Motion to approve minutes as presented.  City Council Agenda Summary Date: August 10, 2021 Item No: 2. Department: Issue: Consider adoption of a resolution confirming Council’s concurrence with revisions to the West Piedmont Planning District Commission’s Charter as approved by the WPPDC’s Board of Commissioners at their May 27, 2021 meeting. Summary: Some recent changes to the Charter of the West Piedmont Planning District Commission were approved by WPPDC’s Board of Commissioners at their May 27, 2021 meeting and in accordance with Article IX of the Charter, concurring resolutions from a majority of the member governmental subdivisions constituting WPPDC membership are required. WPPDC Executive Director Michael Armbrister will be attending Council’s August 10 meeting to provide additional information and answer questions. Attachments: Existing Charter with strikethroughs of changed/deleted text, revised Charter with changes made, and resolution. Recommendations: Adoption of resolution concurring with the revisions as approved by the WPPDC’s Board of Commissioners. (motion, second, voice vote)  RESOLUTION AMENDMENTS TO THE CHARTER AGREEMENT OF THE WEST PIEDMONT PLANNING DISTRICT COMMISSION (WPPDC) WHEREAS, the West Piedmont Planning District Commission (WPPDC) serves the counties of Franklin, Henry, Patrick, and Pittsylvania; the cities of Danville and Martinsville; and the Town of Rocky Mount providing an extensive array of services intended to promote regional cooperation and collaboration as well as direct technical assistance to individual communities; and WHEREAS, the WPPDC was created in accordance with Section 15.2-2210 of the Code of Virginia and was chartered by the aforementioned localities via a charter agreement dated March 15, 1970 and subsequently amended March 15, 1973; and WHEREAS, Article IX of the charter agreement which addresses amendments to said agreement states it may only be amended, supplemented, or superseded by concurring resolutions from a majority of the member governmental subdivision constituting the membership of the WPPDC; and WHEREAS, at a meeting held May 27, 2021 the West Piedmont Planning District Board of Commissioners considered and approved proposed revisions to its charter agreement and hereby seeks concurrence by its local government members for these revisions which are detailed in the attachments accompanying this resolution; NOW THEREFORE, BE IT RESOLVED that the Council of the City of Martinsville, Virginia, assembled this 10th day of August, 2021 hereby concurs with the proposed revisions to the West Piedmont Planning District Commission charter agreement duly considered, recommended, and approved by its Board of Commissioners at a meeting May 27, 2021. _____________________________ Kathy Lawson Mayor  WEST PIEDMONT PLANNING DISTRICT COMMISSION CHARTER AGREEMENT Article I Name, Location, Authority, Purpose Article II Membership Article III Terms of Office and Voting Rights Article IV Officers Article V Addition or Withdrawal of Members Article VI Appointment of an Executive Committee and Adoption of Bylaws Article VII Meetings Article VIII Amendments Article IX Date of Organization Amended March 15, 1973 Amended XXXX , 2021  CHARTER AGREEMENT OF THE WEST PIEDMONT PLANNING DISTRICT COMMISSION This Charter Agreement to organize a Planning District Commission made this 15th day of March, 1970, by and between the undersigned governmental subdivisions as authorized by the Virginia Area Development Act (Title 15.1, Chapter 34, Sections 15.1-1400, et. Seq., Code of Virginia (1950), as amended): NOW THEREFORE it is agreed that: ARTICLE I Name, Location, Authority, Purpose Section 1. The name of this organization shall be the West Piedmont Planning District Commission, hereinafter called the “COMMISSION.” Section 2. The principal office of the COMMISSION shall be in Martinsville, Virginia. The location of the principal office may be changed by the concurrence of two-thirds of the COMMISSION members present at a regular meeting, provided that the clerk of the governing body of each member governmental subdivision has been notified of the contemplated relocation in writing at least thirty days before such meeting. Section 3. The COMMISSION shall be a public body corporate and politic with all the powers and duties granted to it by the Virginia Area Development Act. Section 4. The purpose of the COMMISSION shall be to promote the orderly and efficient development of the physical, social, and economic elements of the Planning District by planning, and encouraging and assisting governmental subdivisions to plan for the future. ARTICLE II Membership Section 1. The membership of the West Piedmont Planning District Commission unless otherwise amended by the terms in Article V of this charter agreement shall by constituted the counties of Franklin, Henry, Patrick and Pittsylvania; the cities of Danville and Martinsville; and the Town of Rocky Mount. Section 2. Governmental subdivisions which are parties to this Charter Agreement shall appoint three members to the COMMISSION on the following basis: from each jurisdiction, two members of the governing body, and one non-elected resident qualified voter. Section 3. Vacancies on the COMMISSION shall be filled for the unexpired term in the same manner as the original appointment was made. Section 4. Any member of the COMMISSION shall be eligible for reappointment but may be removed for cause by the respective appointing local governing body. ARTICLE III Terms of Office and Voting Rights Section 1. The terms of office of COMMISSION members who are also members of governing bodies shall be coincident with their elected terms of office or such shorter term as their governing bodies shall determine. The terms of office of the citizen members shall be three years. However, in the absence of action by a governing body to designate a replacement for a serving citizen member, he shall continue in office until such designation shall have been made. Section 2. Each member of the COMMISSION shall have one equal vote in all matters before the COMMISSION. However, on any vote before the Board, a member may request a population-weighted vote. In such a case, each jurisdiction is allocated one vote per 5,000 in population, or major fraction thereof, the votes to be cast by the member designated for that purpose by the jurisdiction. When voting by this procedure, a two-thirds majority is necessary to carry the issue. ARTICLE IV Officers Section 1. Officers of the COMMISSION shall consist of a Chairman, Vice-Chairman, and Treasurer who shall be elected by the membership of the COMMISSION. Section 2. The Chairman and Vice-Chairman shall be elected for terms for one year or until their successors are elected. Section 3. COMMISSION officers shall be eligible for the re-election. Section 4. The COMMISSION shall appoint an Executive Director who shall be an employee of the COMMISSION and shall serve at the pleasure of a majority of the membership. Section 5. The COMMISSION may designate its Executive Director as the organization’s secretary. ARTICLE V Addition or Withdrawal of Members Section 1. Any governmental subdivision of more than 3,500 in population within the West Piedmont Planning District which is not a party to this Charter Agreement at the effective date thereof may thereafter join the COMMISSION provided that such governmental subdivision is eligible for membership and that it adopts and executes this Agreement. Section 2. Any governmental subdivision may withdraw from the COMMISSION by submitting to the COMMISSION in writing, at least ninety days before the end of the COMMISSION’s then current fiscal year, a notice of intent to withdraw. Such withdrawal shall not become effective until the COMMISSION’s fiscal year has ended. ARTICLE VI Appointment of an Executive Committee and Adoption of By-laws Section 1. The COMMISSION may designate an Executive Committee and delegate to it such powers as the COMMISSION may determine, provided that these powers are not inconsistent with provisions of the Virginia Area Development Act. ARTICLE VII Meetings Section 1. The COMMISSION shall hold regular meetings on a schedule which will be determined by the membership. Section 2. Meetings of the COMMISSION shall be open to the public; however, the COMMISSION may hold executive meetings. ARTICLE VIII Amendments Section 1. This Charter Agreement may be amended, supplemented, or superseded only by concurring resolutions from a majority of the member governmental subdivisions. All proposed amendments shall be submitted to the COMMISION for its review and comment to the member governmental subdivisions. ARTICLE IX Date of Organization Section 1. The organization of the West Piedmont Planning District Commission shall be effective on the 31st day of March, 1970, or at such time after this date when the Charter Agreement has been adopted and signed by that governmental subdivision whose population when added to the aggregate population of those who have already adopted and signed the Charter Agreement embraces the majority of the population within the Planning District.  WEST PIEDMONT PLANNING DISTRICT COMMISSION CHARTER AGREEMENT Article I Name, Location, Authority, Purpose Article II Membership Article III Terms of Office and Voting Rights Article IV Officers Article V Planning District Commission – Regional Planning Commission Merger Article VI Addition or Withdrawal of Members Article VII Appointment of an Executive Committee and Adoption of Bylaws Article VIII Meetings Article IX Amendments Article X Date of Organization Amended March 15, 1973 Amended XXXX , 2021  CHARTER AGREEMENT OF THE WEST PIEDMONT PLANNING DISTRICT COMMISSION This Charter Agreement to organize a Planning District Commission made this 15th day of March, 1970, by and between the undersigned governmental subdivisions as authorized by the Virginia Area Development Act (Title 15.1, Chapter 34, Sections 15.1-1400, et. Seq., Code of Virginia (1950), as amended): NOW THEREFORE it is agreed that: ARTICLE I Name, Location, Authority, Purpose Section 1. The name of this organization shall be the West Piedmont Planning District Commission, hereinafter called the “COMMISSION.” Section 2. The principal office of the COMMISSION shall be in Martinsville, Virginia. The location of the principal office may be changed by the concurrence of two-thirds of the COMMISSION members present at a regular meeting, provided that the clerk of the governing body of each member governmental subdivision has been notified of the contemplated relocation in writing at least thirty days before such meeting. Section 3. The COMMISSION shall be a public body corporate and politic with all the powers and duties granted to it by the Virginia Area Development Act. Section 4. The purpose of the COMMISSION shall be to promote the orderly and efficient development of the physical, social, and economic elements of the Planning District by planning, and encouraging and assisting governmental subdivisions to plan for the future. ARTICLE II Membership Section 1. The membership of the West Piedmont Planning District Commission unless otherwise amended by the terms in Article VI of this charter agreement shall by constituted the counties of Franklin, Henry, Patrick and Pittsylvania; the cities of Danville and Martinsville; and the Town of Rocky Mount. Section 1. COMMISSION members shall be appointed by the respective governing bodies of those political subdivisions which are parties to this Charter Agreement provided, however, that at least a majority, but not substantially more than a majority, of the COMMISSION’s members shall be elected officials of the governing bodies of the governmental subdivisions within the Planning District with each participating county, city, and town of more than 3,500 population having at least one representative, and the other members being qualified voters and residents of the District, who hold no office elected by the people. Section 2. Governmental subdivisions which are parties to this Charter Agreement shall appoint three members to the COMMISSION on the following basis: from each jurisdiction, two members of the governing body, and one non-elected resident qualified voter. Section 3. Vacancies on the COMMISSION shall be filled for the unexpired term in the same manner as the original appointment was made. Section 4. Any member of the COMMISSION shall be eligible for reappointment but may be removed for cause by the respective appointing local governing body which appointed him. ARTICLE III Terms of Office and Voting Rights Section 1. The terms of office of COMMISSION members who are also members of governing bodies shall be coincident with their elected terms of office or such shorter term as their governing bodies shall determine. The terms of office of the citizen members shall be three years. However, in the absence of action by a governing body to designate a replacement for a serving citizen member, he shall continue in office until such designation shall have been made. Section 2. Each member of the COMMISSION shall have one equal vote in all matters before the COMMISSION. However, on any vote before the Board, a member may request a population-weighted vote. In such a case, each jurisdiction is allocated one vote per 5,000 in population, or major fraction thereof, the votes to be cast by the member designated  for that purpose by the jurisdiction. When voting by this procedure, a two-thirds majority is necessary to carry the issue. ARTICLE IV Officers Section 1. Officers of the COMMISSION shall consist of a Chairman, and Vice-Chairman, and Treasurer who shall be elected by the membership of the COMMISSION. The COMMISSION, if it desires, may elect other officers such as a secretary-treasurer. Section 2. The Chairman and Vice-Chairman shall be elected for terms for one year or until their successors are elected. Section 3. COMMISSION officers shall be eligible for the re-election. Section 4. The COMMISSION shall appoint an Executive Director who shall be an employee of the COMMISSION and shall serve at the pleasure of a majority of the membership. Section 5. The COMMISSION may designate its Executive Director as the organization’s secretary- treasurer. ARTICLE V Planning District Commission – Regional Planning Commission Merger Section 1. Upon the ratification of this Charter Agreement of Counties of Franklin and Pittsylvania, formerly members of the Reservoir Regional Planning Commission but now within the West Piedmont Planning District shall merge with the West Piedmont Planning District Commission. Their proportionate share of all assets shall be transferred to the West Piedmont Planning District Commission and shall be reserved for use on projects initiated by the Reservoir Regional Planning Commission. ARTICLE VI Addition or Withdrawal of Members Section 1. Any governmental subdivision of more than 3,500 in population within the West Piedmont Planning District which is not a party to this Charter Agreement at the effective  date thereof may thereafter join the COMMISSION provided that such governmental subdivision is eligible for membership and that it adopts and executes this Agreement. Section 2. Any governmental subdivision may withdraw from the COMMISSION by submitting to the COMMISSION in writing, at least ninety days before the end of the COMMISSION’s then current fiscal year, a notice of intent to withdraw. Such withdrawal shall not become effective until the COMMISSION’s fiscal year has ended. ARTICLE VII Appointment of an Executive Committee and Adoption of By-laws Section 1. The COMMISSION may designate an Executive Committee and delegate to it such powers as the COMMISSION may determine, provided that these powers are not inconsistent with provisions of the Virginia Area Development Act. ARTICLE VIII Meetings Section 1. The COMMISSION shall hold regular meetings on a schedule which will be determined by the membership. Section 2. Meetings of the COMMISSION shall be open to the public; however, the COMMISSION may hold executive meetings. ARTICLE IX Amendments Section 1. This Charter Agreement may be amended, supplemented, or superseded only by concurring resolutions from a majority of the member governmental subdivisions. All proposed amendments shall be submitted to the COMMISION for its review and comment to the member governmental subdivisions. ARTICLE X Date of Organization Section 1. The organization of the West Piedmont Planning District Commission shall be effective on the 31st day of March, 1970, or at such time after this date when the Charter Agreement has been adopted and signed by that governmental subdivision whose population when added to the aggregate population of those who have already adopted and signed the Charter Agreement embraces the majority of the population within the Planning District.  City Council Agenda Summary Date: August 10, 2021 Item No: 3. Department: City Manager Issue: Hear information from the Virginia Department of Health regarding the Covid 19 pandemic and planned efforts in regard to promoting vaccinations and addressing concerns over rising cases. Summary: Nancy Bell, Population Health Manager and PIO for the Virginia Department of Health - West Piedmont Health District will be in attendance and provide a brief update on planned efforts, and answer questions. Attachments: None Recommendations: Provided for information purposes - no Council action needed.  City Council Agenda Summary Date: August 10, 2021 Item No: 4. Department: City Manager Issue: Consider for review and discussion, a draft public comment policy for future Council meetings. Summary: In early 2020, the emergence of the Covid 19 pandemic forced reconsideration of how business is conducted particularly in regard to meetings and public gatherings as efforts were made to limit the need for in-person attendance. In response to such concerns, Council cancelled the in-person attendance for the Business From the Floor item that appears on the agenda for all regularly scheduled Council meetings, and instead opted to consider public comments provided such comments are either emailed, called in, mailed, or faxed to the Clerk of Council by noon of the meeting date. That policy still remains in effect. In an effort to resume the opportunity for citizens desiring to speak regarding certain matters, a draft public comment policy has been crafted. The draft is a compilation of the existing policy along with practices used in other neighboring jurisdictions. This is being presented for Council’s consideration and discussion. Attachments: Draft public comment policy. Recommendations: Review, discuss, suggest changes/edits, etc. Once a final policy is agreed upon, a Council vote to approve is suggested. This DRAFT is a combination of the City’s previous policy and that of several other localities. There is no need to continue reading the policy at every meeting (unless the Mayor desires to do so); printing it on the agenda is sufficient. The public comment portion of the Council meeting provides citizens the opportunity to discuss matters relevant to the operation of the City, which are not listed on the printed agenda. Citizens who wish to participate in a meeting’s public comment period may do so by emailing their comments to Karen Roberts, Clerk of Council, at kroberts@ci.martinsville.va.us, calling in their 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. Citizens may also request to speak at the Council meeting in the same manner. Comments, or a request to speak, must be received by noon the day before a Council meeting for consideration by Council at the meeting. Any person submitting comments or requesting to speak must identify themselves by name and address, including zip code, limit their remarks to 3 minutes or less (as read aloud), address a topic of City business, and refrain from making any personal references or accusations of a factually false and/or malicious nature. Priority for comments is given to City residents, taxpayers, and business owners. Speakers may not yield time. Groups of speakers on the same topic must designate a single representative. Comments violating these rules may not be presented at the Council meeting. Any speaker violating these rules may be removed from the podium or from the Council chamber. This policy does not apply to public hearings, at which any citizen of Martinsville may appear and speak on the subject of the public hearing.  City Council Agenda Summary Meeting Date: August 10, 2021 Item No: 5. Department: Finance Issue: Consider approval of the Consent Agenda Summary: The attachment amends the FY21 & FY22 budgets with the following appropriations: FY21 Budget: General Fund: $32,055 FY22 Budget: General Fund: $ 880 Attachments: Consent Agenda 8-10-21 Recommendations: Approve  BUDGET ADDITIONS FOR 08/10/21 ORG OBJECT DESCRIPTION DEBIT CREDIT BUDGET ADDITIONS FY2021 General Fund: 01100908 480414 Misc. Revenue - Inmate Work Crew 925 01331110 506211 Sheriff - Annex - Work Crew Supplies 925 Donations/Recylables Inmate Cleanup 01100909 490801 Recovered Costs - Senior Services 2,158 01714212 501300 Senior Services - Part-time Wages 1,470 01714212 502100 Senior Services - Social Security 91 01714212 502110 Senior Services - Medicare 21 01714212 506049 Senior Services - Vehicle Fuels 576 Transportation Grant - April through June 01100908 480420 Donations/Senior Services 120 01714212 506001 Senior Services - Office Supplies 120 Donations 01101917 442301 Categorical Other - State - Senior Citizens 2,663 01714212 501300 Senior Services - Part-time Wages 2,474 01714212 502100 Senior Services - Social Security 153 01714212 502110 Senior Services - Medicare 36 State Reimbursement for Transportation 01100909 490104 Advance/Recovered Costs 26,189 01812242 506067 Misc. Expense - RADAR Transit Program 26,189 Reimbursement for fuel costs Total General Fund: 32,055 32,055 FY2022 General Fund: 01100908 480412 Misc. Revenue - Donations/Sheriff 300 01217078 506138 Sheriff/Corrections - MC Equip/Maint 300 Donations to the Sheriff's Department 01100908 480414 Misc. Revenue - Inmate Work Crew 580 01331110 506211 Sheriff - Annex - Work Crew Supplies 580 Donations/Recylables Inmate Cleanup Total General Fund: 880 880