City Council

AGENDA--CITY COUNCIL CITY OF MARTINSVILLE, VIRGINIA Council Chambers – Municipal Building 6:30pm Closed Session 7:00pm Regular Session Tuesday September 28, 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. 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. 7:00 pm - Regular Session Pledge to the American Flag and Invocation by Mayor Lawson 1. Approve minutes from the September 14, 2021 Council Meeting. (5 mins) 2. Recognize City Employees who are eligible for Service Awards for the period July 1, 2021 – September 30, 2021. (5mins) 3. Consider adoption of a resolution celebrating Dry Bridge School. (10 mins) 4. Consider approval of certain policies and certifications related to the Pine Hall Road Community Development Block Grant project. (15 mins) 5. Hear an update from Building Inspections regarding demolition of structures within the City. (25 mins) 6. Consider approval of Consent Agenda. (5 mins) 7. 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 27. 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. 8. Comments by members of City Council. (5 minutes) 9. Comments by City Manager and City Attorney. (5 minutes)  City Council Agenda Summary Meeting Date: September 28, 2021 Item No: 1. Department: Clerk of Council Issue: Consider approval of minutes Summary: None Attachments: September 14, 2021 Council Meeting Recommendations: Motion to approve minutes as presented.  City Council Agenda Summary Meeting Date: September 28, 2021 Item No: 2. Department: Human Resources Issue: Recognize City Employees who are eligible for Service Awards for the period July 1, 2021 – September 30, 2021. Summary: The Service Award Program is designed to build individual morale and show appreciation to the long-service employee for their faithful service to the City of Martinsville. SERVICE AWARD RECIPIENTS THIRD QUARTER - FISCAL YEAR 21-22 FOR THE PERIOD OF JULY 1 – SEMPTEMBER 30, 2021 Years of First Name Last Name Location Desc Service TRAVIS HODGE HUMAN RESOURCES 5 TODD MCCRICKARD ELECTRIC CONSTRUCTION 5 JAMES RUMLEY SHERIFF DEPT. 5 JUSTIN WILLARD POLICE DEPT 5 JAMES SAWYERS WASTEWATER PLANT 5 RYAN EMBERSON ELECTRIC MAINTENANCE 5 WILLIAM HANKINS PARK MAINTENANCE 15 DALE DAVIS FIRE DEPARTMENT 15 NANCY SHERMAN COMMONWEALTH'S ATTORNEY 15 CHRISTOPHER PENN SEWER MAINTENANCE 15 DAVID BRIDGES INSPECTIONS 20 LAURA HOPKINS SHERIFF DEPT. 25 Attachment: None Recommendation: The Mayor will read the list.  City Council Agenda Summary Date: September 28, 2021 Item No: 3. Department: City Attorney Issue: Consider adoption of a resolution celebrating Dry Bridge School Summary: This former East End school is an important surviving example of “Rosenwald Schools” which served the Black communities across the South. It will be recognized by the unveiling of a Virginia historic marker at 11:00 a.m., Saturday, October 2. The marker is near the intersection of East Church and Boden Streets (MARC Workshop). Attachments: Draft resolution. Recommendations: Adoption at Council’s pleasure by voice vote.  RESOLUTION HONORING DRY BRIDGE SCHOOL WHEREAS, Henry County opened a new Dry Bridge School in the East End of Martinsville in 1928 after the School Improvement League, an organization of African Americans living east of Martinsville, campaigned under the leadership of the Rev. W. F. Geter to replace the original Dry Bridge Colored School; and WHEREAS, funding for construction of the school came from the African American community, the public, and the Julius Rosenwald Fund, which helped build more than 5,000 schools for African Americans in the South; and WHEREAS, the school, led by teaching principals J. L. Hairston and the Rev. R. T. Anderson, served students in grades 1-8, and the school was subsequently known as East Martinsville School after the city annexed the area in 1948, and was closed in 1968 as the City desegregated its schools. WHEREAS, the school, an outstanding surviving example of what have come to be known as “Rosenwald Schools,” was named to the Virginia Landmarks Register in 2008 and the National Register of Historic Places in 2009, and will be further recognized by the unveiling of a Virginia Department of Historic Resources commemorative historic marker on October 2, 2021; and WHEREAS, Dry Bridge School is an important monument to Black heritage, success and achievement in the City of Martinsville, the Commonwealth of Virginia and the United States, NOW THEREFORE, BE IT RESOLVED, by the City Council of Martinsville that Saturday, October 2, 2021 be designated as “Dry Bridge School Celebration Day”; that the citizens of this City be encouraged to attend the unveiling of the historic marker, and to reflect upon the significance of this site and upon the many achievements of the Black community in Martinsville; and BE IT FURTHER RESOLVED that the City of Martinsville extends its heartfelt thanks and commendation to Mrs. Imogene Hodge Draper, whose tireless efforts over many years are responsible for the recognition afforded this historic site. Mrs. Draper’s contributions to preserving the history of our community have made life in Martinsville richer and more meaningful, and her exemplary efforts and selfless service to this City are to be much admired, appreciated, and emulated. ********* Attest: ___________________________________________ Karen Roberts, Clerk of Council  City Council Agenda Summary Date: September 28, 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 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 7 Section 504 – Grievance Procedure, and Appendix 8 – Residential Anti-Displacement and Relocation Assistance Plan. As noted in the staff report, additional items may be brought to Council for approval at a later meeting. Attachments: Staff Report; Appendices 7 and 8 Recommendation: Approve the policy and certification outlined in Appendices 7 and 8. (can be done collectively by voice vote, with one motion & second) Date: September 23, 2021 To: Leon Towarnicki From: Mark McCaskill, Community Development Director RE: Pine Hall Grant related City Council actions for September 28, 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, two of which are included as attachments to this staff report. NEXT STEPS: There are two items included for discussion and action: • Appendix 7 SECTION 504 GRIEVANCE PROCEDURE – This grievance procedure covers any complaints that may arise under the following: Department of Community Development, 55 W. Church Street Martinsville VA 24112, 276-403-5156  Department of Housing and Urban Development's (HUD) (24 CFR 8.53(b) implementing Section 504 of the Rehabilitation Act of 1973, as amended (29 USC 794). Section 504 states, in part, that "no otherwise qualified handicapped individual . . . shall solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. . . ." It names the City Manager as the 504 compliance coordinator, and … • Appendix 8 RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE PLAN CERTIFICATION – The Anti-Displacement policy is to ensure no one loses their home and no affordable housing unit is removed from the housing stock (by demolition, conversion, etc.) without replacement.” The Pine Hall Project doesn’t have any planned activities that would result in a displacement, so this policy shouldn’t be used; however, it is a requirement of DHCD that the City have an adopted Anti- Displacement policy. Please note that this does not apply to the uninhabited structures that will be demolished as a part of the City of Martinsville’s local match as they are not deemed a dwelling that meets local building codes or a dwelling that can be rehabilitated to meet code for $25,000 or less. Those demolitions are a part of the blight reduction aspect of the grant. STAFF RECOMMENDATION: Staff respectively recommends that City Council vote to approve Appendix 7, and Appendix 8 Attachments: Appendix 7 SECTION 504 GRIEVANCE PROCEDURE Appendix 8 RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE PLAN CERTIFICATION Department of Community Development, 55 W. Church Street Martinsville VA 24112, 276-403-5156  APPENDIX 7 - Section 504 Grievance Procedure Grievance Procedure The City of Martinsville, Virginia has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the Department of Housing and Urban Development's (HUD) (24 CFR 8.53(b) implementing Section 504 of the Rehabilitation Act of 1973, as amended (29 USC 794). Section 504 states, in part, that "no otherwise qualified handicapped individual . . . shall solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. . . ." Complaints should be addressed to: Leon Towarnicki, City Manager, PO Box 1112, 55 West Church Street, Martinsville, VA 24114, 276-403-5185), who has been designated to coordinate Section 504 compliance efforts. 1. A complaint should be filed in writing or verbally contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations. 2. A complaint should be filed within (15 days) after the complainant becomes aware of the alleged violation. (Processing of allegations of discrimination occurring before this grievance procedure was in place will be considered on a case-by-case basis.) 3. An investigation, as may be appropriate, shall follow a filing of a complaint. The investigation will be conducted by (Leon Towarnicki, City Manager). These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint. Under 24 CFR 8.53(b), the City of Martinsville, Virginia need not process complaints from applicants for employment or from applicants for admission to housing. 4. A written determination as to the validity of the complaint and description of resolution, if any, shall be issued by (Leon Towarnicki, City Manager) and a copy forwarded to the complainant no later than (15 days) after its filing. 5. The Section 504 coordinator shall maintain the files and records of the City of Martinsville, Virginia relating to the complaints filed. 6. The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should  be made within (15 days) to (Eric Monday, Assistant City Manager, City of Martinsville). 7. The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies such as the filing of a Section 504 complaint with the Department of Housing and Urban Development. Utilization of this grievance procedure is not a prerequisite to the pursuit of other remedies. 8. These rules shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards and to assure that the City of Martinsville, Virginia complies with Section 504 and the HUD regulations. Approved by Martinsville City Council at their regular meeting on the 28th of September, 2021. _________________________________ Karen Roberts, Clerk of Council  APPENDIX 8 - RESIDENTIAL ANTI-DISPLACEMENT AND RELOCATION ASSISTANCE PLAN The City of Martinsville, Virginia will replace all occupied and vacant occupiable low/moderate-income dwelling units demolished or converted to a use other than as low/moderate income dwelling unit as a direct result of activities assisted with funds provided under the Housing and Community Development Act of 1974, as amended. All replacement housing will be provided within three (3) years of the commencement of the demolition or rehabilitation relating to conversion. Before obligating or expending funds that will directly result in such demolition or conversion, the City of Martinsville, Virginia will make public and advise the state that it is undertaking such an activity and will submit to the state, in writing, information that identifies: 1. A description of the proposed assisted activity; 2. The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as low/moderate-income dwelling units as a direct result of the assisted activity; 3. A time schedule for the commencement and completion of the demolition or conversion; 4. The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units; 5. The source of funding and a time schedule for the provision of replacement dwelling units; 6. The basis for concluding that each replacement dwelling unit will remain a low/moderate-income dwelling unit for at least 10 years from the date of initial occupancy; and 7. Information demonstrating that any proposed replacement of dwelling units with smaller dwelling units is consistent with the housing needs of low- and moderate- income households in the jurisdiction. 12/03/2012 Appendix 8: Residential Anti-Displacement and Relocation Assistance Plan 4  The City of Martinsville, Virginia will provide relocation assistance to each low/moderate – income household displace by the demolition of housing or by the direct result of assisted activities. Such assistance shall be that provided under Section 104 (d) of the Housing and Community Development Act of 1974, as amended, or the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. The City of Martinsville, Virginia’s FY2022 project includes the following activities: 1. Administration of this project in a timely and compliant manner per DHCD/HUD guidelines; 2. Clearance and demolition of six (6) blighted homes. 3. Rehabilitation of six (6) owner-occupied homes to DHCD Housing Quality Standards. 4. Rehabilitation of six (6) investor-owned homes to DHCD Housing Quality Standards. 5. Substantial reconstruction of four (4) homes to DHCD Housing Quality Standards. 6. Clearance of all junk, debris, weeds, and inoperable vehicles from the project area, including annual neighborhood cleanups, to assist residents to dispose of inside and outside debris (CDBG funds); The activities as planned will not cause any displacement from or conversion of occupiable structures. As planned, the project calls for the use of existing right-of-way or easements to be purchased or the acquisition of tracts of land that do not contain housing. The City of Martinsville, Virginia will work with the grant management staff, engineers, project area residents, and the Department of Housing and Community Development to insure that any changes in project activities do not cause any displacement from or conversion of occupiable structures. In all cases, an occupiable structure will be defined as a dwelling that meets local building codes or a dwelling that can be rehabilitated to meet code for $25,000 or less. Approved by Martinsville City Council at their regular meeting on the 28th of September, 2021. . ______________________________________ Karen Roberts, Clerk of Council 12/03/2012 Appendix 8: Residential Anti-Displacement and Relocation Assistance Plan 6  City Council Agenda Summary Date: September 28, 2021 Item No: 5. Department: Building Inspections Issue: Hear an update from Building Inspections regarding demolition of structures within the City. Summary: Kris Bridges, City Building & Zoning Official will present an update regarding demolition of dilapidated structures throughout the City. Attachments: Presentation materials Recommendations: Presented for information purposes. No Council action needed at this time.  City Council Agenda Summary Meeting Date: September 28, 2021 Item No: 6. Department: Finance Issue: Consider approval of the consent agenda Summary: Re-appropriation of Funds from FY21 to FY22 Budget by fund as follows: General: $ 737,366 Refuse: $ 167,500 Water: $ 83,157 Sewer: $ 82,523 Electric: $1,098,363 Capital Reserve: $ 194,554 CDBG: $ 18,001 School Operations: $ 470,111 Total Requests: $2,851,575 Attachments: Consent Agenda 9-28-21 Re-appropriations Recommendations: Approve  RE-APPROPRIATIONS FY21 INTO FY22 DEPARTMENTAL REQUESTS ORG CODE OBJECT DEPARTMENT ACCOUNT DESCRIPTION DEBIT CREDIT DESCRIPTION GENERAL FUND 01103938 462101 Contribution From Fund Balance $ 737,366 01217078 506047 Sheriff - Courts Project Life Saver $ 4,234 rollover of donations 01217078 506138 Sheriff - Courts M/C Equipment/Maintenance $ 3,369 rollover of donations 01217078 506146 Sheriff - Courts CARES Act Funds $ 36,682 CARES Funding 01221082 506105 Commonwealth's Attorney State - Confiscated Assets $ 8,221 forfeiture funds - carry-over 01221082 506118 Commonwealth's Attorney Local - Confiscated Assets $ 83 forfeiture funds - carry-over 01311085 506061 Police Ammunition $ 9,092 incomplete purchase 01311085 506078 Police State - Confiscated Assets $ 26,752 forfeiture funds - carry-over 01311085 506079 Police Federal - Confiscated Assets $ 431,321 forfeiture funds - carry-over 01311085 506118 Police Local - Confiscated Assets $ 389 forfeiture funds - carry-over 01311085 506139 Police E-Summons Equipment $ 20,243 dedicated e-summons funding 01321102 506110 Fire Fire Programs $ 27,875 grant funding 01321102 506130 Fire Maintenance for Burn Building $ 4,800 ongoing project 01322105 506114 EMS Four for Life $ 24,782 grant funding 01331108 506010 Sheriff - Corrections Radios & Weapons $ 4,980 Incomplete Purchase 01331108 506011 Sheriff - Corrections Uniforms & Vests $ 10,100 Incomplete purchase 01334122 506133 Safety Siren Supplies $ 5,814 ongoing project 01334122 506143 Safety LEMP - Grant $ 24,804 grant funding 01341135 506300 Inspections Demolition $ 42,375 incomplete projects 01413147 506010 Traffic Signals Traffic Signal Maintenance $ 6,897 incomplete project 01413149 506008 Street Construction Vehicle Equipment/Maintenance $ 20,000 incomplete repairs 01812242 503600 Misc Development Exp Grant Program-Misc Business Dev $ 15,000 ongoing program 01812247 503136 Misc Development Exp Grant Program - Prof Cons $ 9,552 Brownfields program REFUSE FUND 09103938 462101 Contribution From Fund Balance $ 167,500 09424301 508205 Refuse Motor Vehicles/Equipment $ 167,500 incomplete projects WATER FUND 12103938 462101 Contribution From Fund Balance $ 83,157 12541311 508220 Water Plant Physical Plant Expansion $ 75,000 incomplete project 12542312 508201 Reservoir Machine-Equipment $ 8,157 incomplete purchase SEWER FUND 13103938 462101 Contribution From Fund Balance $ 82,523 13550325 503190 Wastewater Plant Contract Repairs $ 15,582 incomplete project 13550325 506007 Wastewater Plant Repair/Maintenance Supplies $ 32,835 Incomplete purchase 13550325 508205 Wastewater Plant Vehicles $ 34,106 Incomplete purchase ELECTRIC FUND 14103938 462101 Contribution From Fund Balance $ 1,098,363 14561336 508220 Electric Generation Physical Plant Expansion $ 200,000 incomplete project 14563338 503203 Electric Maintenance Work ORD/Map Cons $ 25,000 incomplete project 14563338 506007 Electric Maintenance Substation - Repair/Maint $ 6,048 Incomplete purchase 14564339 503191 Electric Construction Contract Labor $ 239,815 incomplete project 14564339 508205 Electric Construction Motor Vehicles/Equipment $ 277,500 incomplete project 14564339 508220 Electric Construction Physical Plant Expansion $ 350,000 incomplete projects Page 1 of 2 CAPITAL RESERVE FUND 16103938 462101 Contribution From Fund Balance $ 194,554 16575365 508085 Vehicles Sheriff $ 34,991 incomplete purchase 16575365 508110 Vehicles Street Maintenance $ 56,434 incomplete purchase 16576366 508055 Software/Hardware Infomartion Services $ 42,112 incomplete project 16577367 508100 Physical Plant Expansion Garage $ 22,316 incomplete project 16579369 508209 School Projects Reserve School Projects $ 38,701 school capital projects CDBG FUND 47103938 462101 Contribution From Fund Balance $ 18,001 47913297 506100 General Expense Admin/Misc expenses $ 18,001 accumulated program income TOTAL CITY FUNDS: $ 2,381,464 SCHOOL FUNDS 18100938 410510 Ops/Contrib from Fund Balance $ 470,111 71001300 561620 VTSS Supplemental S&W $ 3,900 VTSS/PBIS Grant Balance 71001300 562100 VTSS Social Security Payments $ 299 VTSS/PBIS Grant Balance 71001300 563000 VTSS Purchased Services $ 5,000 VTSS/PBIS Grant Balance 71001300 563142 VTSS Professional Development $ 15,000 VTSS/PBIS Grant Balance 71001300 566000 VTSS Materials & Supplies $ 13,705 VTSS/PBIS Grant Balance 71001300 566040 VTSS Software & Online Content $ 2,800 VTSS/PBIS Grant Balance 81621310 563142 Harvest Professional Development $ 35,893 Harvest 81631310 563142 Harvest Professional Development $ 35,893 Harvest 85001009 563000 Healthnet Purchased Services $ 12,976 UVA Telehealth Grant 85001009 566056 Healthnet Non-Capital Equip $ 2,897 UVA Telehealth Grant 81021310 566020 Support Staff Textbooks & Workbooks $ 198,734 Textbook Fund 81031310 566020 Support Staff Textbooks & Workbooks $ 80,156 Textbook Fund 80003400 568100 Vehicle Maintenance Capital Outlay Replacement $ 48,572 Replace totaled SpEd Van 80003400 568100 Vehicle Maintenance Capital Outlay Replacement $ 14,286 Replace totaled fleet car TOTAL SCHOOL FUNDS: $ 470,111 TOTAL RE-APPROPRIATIONS FROM FY21 TO FY22 $ 2,851,575 Page 2 of 2