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City Council

Regular Meeting

Martinsville, VA · September 14, 2021

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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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