City Council
Regular MeetingMartinsville, VA · September 14, 2021
Minutes
September 14, 2021 Council Meeting
The regular meeting of the Council of the City of Martinsville, Virginia was held on September
14, 2021 in Council Chambers, Municipal Building, at 7:00 PM with Mayor Kathy Lawson
presiding. Other Council Members present included Danny Turner, Chad Martin, Jennifer
Bowles and Tammy Pearson. Staff present included City Manager Leon Towarnicki, Assistant
City Manager/City Attorney Eric Monday, Clerk of Council Karen Roberts, Community
Development Director Mark McCaskill, Finance Director Linda Conover, and Police Chief Eddie
Cassady.
Mayor Lawson called the meeting to order and advised Council would go into Closed Session
beginning at 6:30 PM. In accordance with section 2.1-344 (A) Code of Virginia (1950, and as
amended) and upon a motion by Council Member Pearson, seconded by Vice Mayor Bowles with
the following 5-0 recorded vote: Council Member Turner, aye; Vice Mayor Bowles, aye; Council
Member Pearson, aye; Council Member Martin, aye; and Mayor Lawson, aye. Council convened
in Closed Session to discuss the following matters: (A) Consultant with legal counsel and
briefings by staff members, attorneys or consultant 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 meeting.
A motion was made by Vice Mayor Bowles; seconded by Council Member Martin, with the
following 5-0 recorded vote in favor to return to Open Session: Council Member Turner, aye;
Mayor Lawson, aye; Vice Mayor Bowles, aye; Council Member Martin, aye; and Council Member
Pearson, aye. No action was taken out of Closed Session.
Following the Pledge to the American Flag and invocation by Council Member Pearson,
Lawson welcomed everyone to the meeting. Mayor Lawson explained that the meeting would
follow COVID guidelines, allowing limited attendance and recognizing social distancing
recommendations. Council Member Martin arrived at 7:05pm
Approve minutes from the August 24, 2021 Council Meeting – Vice Mayor Bowles made a
motion to approve the minutes as presented. Council Member Pearson seconded the motion
with all Council Members voting in favor.
Consider reading and presenting a proclamation recognizing the week of September 19 –
25, 2021 as Adult Education Literacy Week – Vice Mayor Bowles read the proclamation which
was presented to Lealice Hagwood of the Martinsville Adult & Career Education Services and
Robin Gravely of the Henry County Adult & Career Education Services. Hagwood briefly
described what services the organization offered, stating that 20% of Martinsville/Henry
County residents need literacy assistance. The Martinsville branch will be hosting a fundraiser
on September 19 at 5:00pm at Martinsville Speedway. Gravely explained that Henry County
would have activities to promote literacy in the community throughout the week also. On
September 14, 2021 Council Meeting
average, Henry County served 80 adults from ages 18-80 years old this past year.
Hear an update from Martinsville-Henry County Family YMCA regarding the City/YMCA
contract for services related to City parks & recreation programs – Brad Kinkema, Executive
Director of the Martinsville YMCA updated Council on available activities including some
newly offered activities this year and how the pandemic has affected those. The YMCA
operates the bike barn, Kinkema explained that residents can check out a bike and ride that
on the Dick & Willie trail at no charge; about 60 residents take advantage of this option each
week. Miles in Martinsville marathons continue to be successful with the Harvest Moon Run
this Friday. The City workers do a tremendous job in assisting with those races. Mayor
Lawson thanked him for working with the City to reroute the races so that traffic is not
blocked from reaching uptown businesses. The YMCA offers water aerobics and chair aerobics
to assist the seniors in the area.
Consider approval of certain policies and certifications related to the Pine Hall Road
Community Development Block Grant project – Community Development Director Mark
McCaskill and Brandy Dudley, Regional Planner in Housing for West Piedmont Planning
District Commission summarized the policies and certifications in regard to compliance with
DHCD and HUD regulations. McCaskill explained that more policies would be brought before
Council for approval in the coming months. Council Member Turner expressed concern that
lesser qualified contractors would be given favoritism because of a low-income status.
September 14, 2021 Council Meeting
McCaskill and Dudley explained that all contractors must be competent to perform the work
and must hold the appropriate certifications. McCaskill explained that this is a way for the
City to select a smaller, local business for this project versus a “big box” company. Bowles
stated that “low-income” does not correlate to “least qualified”. Pearson said that she does not
read where it says “least qualified” in the policy. Dudley spoke up, stating hiring someone
who makes a lower income does not mean lower quality work. Vice Mayor Bowles made a
motion to approve Appendixes 4 and 6 and the Certification in Appendix 9. The motion was
seconded by Council Member Martin. McCaskill advised that there are committees assigned
to select the contractors and follow up with them to ensure they are performing the work to
standards. Council Member Martin said that he feels that Turner is misunderstanding the
wording and referenced Virginia’s SWaM certification program as it relates to small, women-
owned and minority-owned businesses, giving the example of Applebee’s compared to a local,
resident-owned restaurant. Council Member Turner made a motion to amend Appendix 4,
Section 3; there was no second to the motion so motion died. Bowles clarified that Appendix 9
is about fair housing and it is the standard resolution that Council does that takes at least
one action each grant year in regard to fair housing. Lawson confirmed that Appendix 6 is the
non-discrimination policy. Turner continued to express concern and referenced issues with
the previous Northside Project. Dudley argued Turner’s thoughts that lower income
contractors would provide lower quality work. Vice Mayor Bowles made a motion to call the
question; Council Member Martin seconded the motion with all Council Members in favor.
Mayor Lawson asked for the voice vote in regards to approval of the policies and certifications
with voice vote being 4-1: Lawson, aye; Martin, aye; Bowles, aye; and Pearson, aye. Turner
voted nay and reiterated his opposition to the way the policy is written.
September 14, 2021 Council Meeting
September 14, 2021 Council Meeting
Consider approval of Consent Agenda – Vice Mayor Bowles made a motion to approve the
consent agenda as presented; Council Member Pearson seconded the motion with all Council
Members voting in favor.
September 14, 2021 Council Meeting
Business from the Floor – none
Comments by City Council – Council Member Turner wished Vice Mayor Bowles a happy
birthday. Turner thanked those who helped raise money to provide first responders a meal at
Uptown Martinsville restaurants. Council Member Martin wished Bowles a happy birthday and
shared a story from when she was 4 years old, he is amazed to see the growth she’s had and the
woman she’s become. Council Member Pearson thanked Turner, Chamber of Commerce and
other organizers for the 9/11 ceremony. Pearson hopes that residents come together even after
September 14, 2021 Council Meeting
the 20th Anniversary of 9/11. Happy birthday to Vice Mayor Bowles and Pearson hopes their
friendship continues to blossom. Bowles thanked Turner for helping organize the 9/11 events
and thanked all Council for the birthday wishes. Mayor Lawson also wished Bowles a happy
birthday. Lawson expressed appreciation to everyone who donated to and participated in the
9/11 ceremony; the recording can be viewed on several local stations. Lawson shared that the
flags will be out on Friday for Constitution Day.
Comments by the Assistant City Manager/City Attorney – City Manager Towarnicki stated
that the City is working with the County again this year on the Outstanding Military Veteran
Award which will be presented on Veteran’s Day. Any citizen can submit an application or
nominate a local resident and veteran for consideration of this award. The application deadline
is Friday October 15. The Five Points Neighborhood Project is finally through the permitting
process and they expect grading to begin next week. Hopefully the foundations will go in and
houses will be set late October. The houses have been built and stored at Nationwide Homes for
some time. Towarnicki said he’s received some calls regarding Neighborhood meetings.
Unfortunately, with the resurgence of COVID, reinstatement of those meetings will need to be
pushed off again until at least Spring 2022.
There being no further business, Bowles made a motion to adjourn the meeting; the motion
was seconded by Martin with all Council Members voting in favor. The meeting adjourned at
8:00pm.
______________________________________ ______________________________________
Karen Roberts, Clerk of Council Kathy Lawson, Mayor
Agenda
AGENDA--CITY COUNCIL
CITY OF MARTINSVILLE, VIRGINIA
Council Chambers – Municipal Building
6:30pm Closed Session 7:00pm Regular Session
Tuesday September 14, 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. 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.
7:00 pm - Regular Session
Pledge to the American Flag and Invocation by Council Member Pearson
1. Approve minutes from the August 24, 2021 Council Meeting. (5 mins)
2. Consider reading and presenting a proclamation recognizing the week of September 19
– 25, 2021 as Adult Education Literacy Week. (5 mins)
3. Hear an update from Martinsville-Henry County Family YMCA regarding the City/YMCA
contract for services related to City parks & recreation programs. (15 mins)
4. Consider approval of certain policies and certifications related to the Pine Hall Road
Community Development Block Grant project. (20 mins)
5. Consider approval of Consent Agenda. (5 mins)
6. Business from the Floor - CANCELLED
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. Comments must be
received by 12:00noon Monday September 13. 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.
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: September 14, 2021
Item No: 1.
Department: Clerk of Council
Issue: Consider approval of minutes
Summary: None
Attachments: August 24, 2021 Council Meeting
Recommendations: Motion to approve minutes as presented.
City Council
Agenda Summary
Date: September 14, 2021
Item No: 2.
Department: City Council
Issue: Consider reading and presenting a proclamation recognizing
the week of September 19 – 25, 2021 as Adult Education Literacy Week.
Summary: Mrs. Lealice Hagwood with Martinsville Adult & Career Education
Services will attend Council’s meeting to provide brief remarks and accept the
proclamation recognizing the week of September 19 – 25 at Adult Education Literacy
Week.
Attachments: Proclamation will be provided at the meeting
Recommendations: Mayor to read and present the proclamation.
City Council
Agenda Summary
Meeting Date: September 14, 2021
Item No: 3.
Department: City Manager
Issue: Hear an update from Martinsville-Henry County Family YMCA regarding
the City/YMCA contract for services related to City parks & recreation programs.
Summary: At Council’s August 28, 2018 meeting, Council approved a
memorandum of understanding between the City and Martinsville Henry County
Family YMCA outlining details of a contract for services for the YMCA to begin
managing City parks & recreational programming activities beginning September
1, 2018. The MOU requires regular updates from the YMCA regarding their
management activities.
YMCA staff will be attending Council’s September 14th meeting to provide an
update and answer questions.
Attachments: None
Recommendations: Presented for information purposes – no Council action is
necessary.
City Council
Agenda Summary
Date: September 14, 2021
Item No: 4.
Department: Community Development
Issue: Consider approval of certain policies and certifications related to the Pine
Hall Road Community Development Block Grant project.
Summary: Attached is a staff report from Community Development Director
Mark McCaskill, outlining the need for Council to approve certain documents and
certifications in regard to compliance with DHCD and HUD regulations related to
the Pine Hall Road Community Development Block Grant project contract.
Specifically the documents are Appendix 4 Section 3 – Business and Employee
Plan; Appendix 6 – Non-Discrimination Policy; and Appendix 9 – Fair Housing
Certification.
As noted in the staff report, additional items will be brought to Council for
approval at a later meeting.
Attachments: Staff Report; Appendices 4, 6, and 9
Recommendation: Approve the policies outlined in Appendices 4 and 6, and the
certification in Appendix 9. (can be done collectively by voice vote, with one motion
& second)
Date: September 8, 2021
To: Leon Towarnicki
From: Mark McCaskill, Community Development Director
RE: Pine Hall Grant related City Council actions for September 14,
2021 City Council meeting.
SUBJECT:
Contracting period with Virginia Department of Housing and Community
Development (DHCD) for the City of Martinsville’s Pine Hall Housing
Rehabilitation Project.
BACKGROUND:
The City of Martinsville was recently awarded $1,183,310 in DHCD Funds to be
matched by private and local funds (primarily in-kind) of $496,425 for a total
project cost of $1,679,735 for the Pine Hall Housing Rehabilitation Project. We
are currently in the contracting period with DHCD to develop a final contract
that complies with DHCD and Federal Housing and Urban Development (HUD)
regulations. We anticipate a final contract by mid-November. As a part of the
contracting period, City Council will need to approve various Policies and
Certifications, three of which are included as attachments to this staff report. It
is anticipated that staff will provide additional items for approval at City
Council’s September 28th and October 12th meetings.
NEXT STEPS:
There are three items included for discussion and action:
• Appendix 4 SECTION 3 BUSINESS AND EMPLOYEE PLAN – This
certifies to the greatest extent feasible we will take steps to encourage the
Department of Community Development, 55 W. Church Street Martinsville VA 24112, 276-403-5156
hiring of lower income persons residing in the City for the activities that
are funded with CDBG funds.
• Appendix 6 NON-DISCRIMINATION POLICY – This is a formal adoption
of a straightforward non-discrimination policy.
• Appendix 9 FAIR HOUSING – This is a standard resolution certifying
that we will take at least one action each grant year with regards to fair
housing. DHCD will provide a list of actions, from which we can select.
STAFF RECOMMENDATION:
Staff respectively recommends that City Council vote to approve Appendix 4,
Appendix 6 and Appendix 9
Attachments:
Appendix 4 SECTION 3 BUSINESS AND EMPLOYEE PLAN
Appendix 6 NON-DISCRIMINATION POLICY
Appendix 9 FAIR HOUSING
Department of Community Development, 55 W. Church Street Martinsville VA 24112, 276-403-5156
Appendix
SECTION 3
4.A BUSINESS AND EMPLOYMENT PLAN
1. The Martinsville City Council designates as its Section 3 Business and Employment
Project Area the City of Martinsville.
2. The Martinsville City Council, its contractors, and designated third parties shall in
utilizing Community Development Block Grant (CDBG) funds utilize businesses
and lower income residents of the City in carrying out all activities, to the greatest
extent feasible.
3. In awarding contracts for construction, non-construction, materials, and supplies
the City of Martinsville, Virginia, its contractors, and designated third parties shall
take the following steps to utilize businesses which are located in or owned in
substantial part by persons residing in the City:
(a) The Martinsville City Council shall identify the contracts
required to conduct the CDBG activities.
(b) The Martinsville City Council shall identify through various
and appropriate sources including:
The Henry County Enterprise or the Martinsville Bulletin
City of Martinsville Website
City of Martinsville Social Media
the business concerns within the City which are likely to provide construction
contracts, non-construction contracts, materials, and services which will be
utilized in the activities funded through the CDBG.
(c) The identified contractors and suppliers shall be included on bid lists used to
obtain bids, quotes or proposals for work or procurement contracts which
utilize CDBG funds.
(d) To the greatest extent feasible the identified business and any other project
area business concerns shall be utilized in activities which are funded with
CDBG funds.
4. The Martinsville City Council and its contractors and subcontractors shall take the
following steps to encourage the hiring of lower income persons residing in the
City:
(a) The Martinsville City Council in consultation with its contractors (including
design professionals) shall ascertain the types and number of positions for
both trainees and employees which are likely to be used to conduct CDBG
activities.
(b) The Martinsville City Council shall advertise through the following sources
The Henry County Enterprise or the Martinsville Bulletin
City of Martinsville Website
City of Martinsville Social Media
the availability of such positions with the information on how to apply.
(c) The Martinsville City Council, its contractors, and subcontractors shall be
required to maintain a record of inquiries and applications by project area
residents who respond to advertisements, and shall maintain a record of the
status of such inquires and applications.
(d) To the greatest extent feasible, the Martinsville City Council, its contractors,
and subcontractors shall hire lower income project area residents in filling
training and employment positions necessary for implementing activities
funded by the Community Development Block Grant (CDBG).
5. In order to document compliance with the above affirmative actions and Section 3
of the Housing and Community Development Act of 1974, as amended, the
Martinsville City Council shall keep, and obtain from its contractors and
subcontractors, Registers of Contractors, Subcontractors and Suppliers and
Registers of Assigned Employees for all activities funded by the CDBG. Such
listings shall be completed and shall be verified by site visits and employee
interviews, crosschecking of payroll reports and invoices, and through audits if
necessary.
Duly approved at the regular meeting of the Martinsville City Council on September 14,
2021.
_________________________________
Karen Roberts, Clerk of Council
Appendix
NON-DISCRIMINATION POLICY
6
The City of Martinsville, Virginia or any employee thereof will not discriminate in
employment, housing or accommodations because of race, color, religion, national origin,
sex or gender, age, familial status, source of income, veteran status, disability, sexual
orientation or gender identity. Administrative and personnel officials will take
affirmative action to ensure that this policy shall include, but not be limited, to the
following: employment, upgrading, demotion or transfer; rates of pay or other forms of
compensation; and selection for training.
Duly approved at the regular meeting of the Martinsville City Council on September 14,
2021
_________________________________
Karen Roberts, Clerk of Council
Fair Housing Certification
Compliance with Title VIII of the Civil Rights Act of 1968
WHEREAS, City of Martinsville, Virginia has been offered and intends to
accept federal funds authorized under the Housing and Community
Development Act of 1974, as amended, and
WHEREAS, recipients of funding under the Act are required to take action
to affirmatively further fair housing;
NOW THEREFORE, on this 14th day of September, 2021, the City of
Martinsville, Virginia agrees to take at least one action to affirmatively
further fair housing each grant year, during the life of its project funded with
Community Development Block Grant funds. The action taken will be
selected from a list provided by the Virginia Department of Housing and
Community Development.
_________________________________
Karen Roberts, Clerk of Council
City Council
Agenda Summary
Meeting Date: September 14, 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: $ 31,545
FY22 Budget:
School ESSER/CARE Fund: $ 2,948,571
School Operations Fund: $ 100,361
Attachments:
Consent Agenda 9-14-21
Recommendations: Approve
BUDGET ADDITIONS FOR 09/14/21
ORG OBJECT DESCRIPTION DEBIT CREDIT
BUDGET ADDITIONS
FY2021
General Fund:
01101918 443106 VDEM-SWVA INCIDENT MGMT TEAM 31,545
01322106 506100 SWVA IMT - MISCELLANEOUS EXPENSES 31,545
REIMBURSEMENTS
Total General Fund: 31,545 31,545
FY2022
School - ESSER/CARE Fund:
19102926 499995 ESSER II 2,948,571
91001100 561120 INSTRUCTIONAL S&W 587,340
91001100 561151 INSTRUCTIONAL AIDES S&W 3,920
91001100 562100 SOCIAL SECURITY PAYMENTS 37,944
91001100 566013 INSTRUCTIONAL MATERIALS & SUPP 16,792
92001100 561120 INSTRUCTIONAL S&W 79,628
92001100 561151 INSTRUCTIONAL AIDES S&W 60,860
92001100 562100 SOCIAL SECURITY PAYMENTS 10,075
92001100 566013 INSTRUCTIONAL MATERIALS & SUPP 12,000
97100110 566013 INSTRUCTIONAL MATERIALS & SUPP 961
97100110 566056 NON-CAPITAL EQUIPMENT 19,585
98000222 561190 SERVICE S&W 58,080
98000222 562100 SOCIAL SECURITY PAYMENTS 30,904
98000222 563000 PURCHASED SERVICES 1,000
98000222 565503 TRAVEL 1,000
98000222 566056 NON-CAPITAL EQUIPMENT 4,000
98000325 561170 OPERATIVE S&W 39,255
98000325 562100 SOCIAL SECURITY PAYMENTS 2,796
98000340 568100 CAPITAL OUTLAY REPLACEMENT 197,274
98000420 563000 PURCHASED SERVICES 950,938
98000420 568100 CAPITAL OUTLAY REPLACEMENT 667,577
98000810 566040 TECH SOFTWARE & ONLINE CONTENT 57,963
98000810 568210 TECH HARDWARE ADDITIONS 20,925
98000820 561300 PART-TIME SALARIES & WAGES 23,738
98000820 562100 SOCIAL SECURITY PAYMENTS 1,974
98003252 561170 OPERATIVE S&W 6,051
98003252 562100 SOCIAL SECURITY PAYMENTS 463
98003352 561190 SERVICE S&W 9,101
98003352 562100 SOCIAL SECURITY PAYMENTS 697
98102131 563000 PURCHASED SERVICES 45,730
Total School ESSER/CARE Fund: 2,948,571 2,948,571
School Operations Fund:
18102926 499992 ESSER MENTAL HEALTH SERVICES 15,399
81021100 563000 Purchased Services 15,399
18102926 499993 ESSER UNIVERSAL SCREENER 4,354
82021100 566000 Materials & Supplies 4,354
18102926 499996 GEER VISION 42,460
80008100 566040 Software & Online Content 42,460
18102926 499997 ESSER CLEANING & SANITIZATION 17,617
80004200 566007 Custodial Supplies 8,597
80004200 566056 Non Cap Equipment 9,020
18102926 499998 ESSER FACILITIES UPGRADE 20,531
80004200 566056 Non Cap Equipment 20,531
Total School Operations Fund: 100,361 100,361
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