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City Council

Regular Meeting

Martinsville, VA · May 10, 2022

AgendaMinutes

Minutes

May 10, 2022 Council Meeting The regular meeting of the Council of the City of Martinsville, Virginia was held on May 10, 2022 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 and City Attorney Eric Monday, Clerk of Council Karen Roberts, and Linda Conover, Finance Department, Finance Manager Mandy McGhee, Police Chief Eddie Cassady. Mayor Lawson called the meeting to order and advised Council would go into Closed Session beginning at 6:00 PM. In accordance with section 2.1-344 (A) Code of Virginia (1950, and as amended) and upon a motion by Council Member Turner and seconded by Vice Mayor Bowles with the following 4-0 recorded vote: Mayor Lawson, aye; Council Member Pearson, aye; Council Member Turner, aye; and Vice Mayor Bowles, aye. Council Member Martin arrived during closed session. Council convened in Closed Session to discuss the following matters: (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. 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 Bowles; seconded by Martin, with the following 5-0 recorded vote in favor to return to Open Session: Council Member Turner, aye; Council Member Pearson, aye; Council Member Martin, aye; Vice Mayor Bowles, aye; and Mayor Lawson, aye. Mayor Lawson welcomed everyone to the meeting. Council Member Pearson lead the pledge to the flag and invocation. Recognize a student from Martinsville Middle School’s 7th grade class as Virginia Municipal League’s Region 2 winner of the 2022 “If I Were Mayor” essay contest – Mayor Lawson said this is the third year in a row that Martinsville has had a regional winner. Sue Mellon, representative from VML detailed the essay contest and explained that this year students were encouraged to identify a problem in the community, talk to another person about that and then propose a solution. Mellon presented the award to Jordin Hernandez Machuca, Martinsville student and Region 2 winner. Mayor Lawson invited Machuca to take the Mayor’s seat and read his essay. Mayor Lawson and Council presented Machuca with a certificate. Lawson said that Martinsville students interrogated her for 2 hours by Zoom and asked some tough questions but it was rewarding for her to interact with the students and she heard some very good questions. Council will review the other essays and will present a cash prize to their top three picks. Consider presentation of a Proclamation regarding National Police Week 2022 and Peace Officers’ Memorial Day – Mayor Lawson said the Peace Officers Memorial will be tomorrow at 11:00am at the Henry County meeting room. Lawson read the proclamation which was May 10, 2022 Council Meeting presented to Police Chief Eddie Cassady. Cassady thanked Council for the proclamation on behalf of the City officers and staff. Read and Present a Proclamation recognizing the 50th anniversary of Piedmont Community Services – Council Member Pearson read the proclamation which was presented to Greg Preston and Board Chair Brenda Ephraim. Greg thanked Council on behalf of the Board of Directors and Piedmont Community staff. Greg recognized the staff for their diligence in serving the community for 50 years especially the past 2 years during COVID. Greg summarized the timeline of PCS since opening in 1967 and the area served. Piedmont Community will be expanding services including Crisis Intervention services and on May 20 there will be a grand opening of the new recovery center at 10:00am then at 12:00noon, there will be another celebration at Jack Dalton Park. Preston summarized several projects ongoing and several options offered to the community through Piedmont Community Services. Consider adoption on second reading, Ordinance 2022-3 enacting or amending certain sections of the Code of the City of Martinsville regarding use of electric scooters – City Attorney Monday briefly summarized the proposed electric scooter program and the need for the ordinance. There are several ordinance changes to be considered which would allow the scooter program in the City. If the ordinance is adopted the only step remaining is the MOU with Bird corporation. Vice Mayor Bowles made a motion to adopt Ordinance 2022-3 on second reading; Council Member Martin seconded the motion with the following roll call vote: Vice Mayor Bowles, aye; Council Member Martin, aye; Council Member Pearson, aye; Council Member Turner, aye; and Mayor Lawson, aye. Conduct a Public Hearing on the City’s FY22-23 Budget and consider approval of Budget Ordinance 2022-U-2 on first reading – City Manager Towarnicki summarized the budget process and touched on some changes to the proposed FY22-23 budget. A proposed fourth work session is being considered for Wednesday May 18. Mayor Lawson opened the public hearing. Margaret Caldwell, Blue Ridge Library representative expressed concern that the library is only being approved for level funding for the fifth year when the staff has not had a raise in years outside of the required cost of living raise. The library can not provide raises to the staff without the support of Council. The library serves residents from infancy to senior citizens. The library staff continued to work through the pandemic to serve the residents including providing wifi for students to complete homework. Library visits have increased by 25% in both February and March of 2022. Minimum wage library staff can go to local fast food restaurants and make more money starting pay. Caldwell asks Council to reconsider level funding and to allow for an increase so staff can receive a much-deserved raise. Betsy Haskins, library representative says the local libraries are so well run, they have a strong board, an excellent leader in Rick Ward, and an excellent 5-year plan. For Council to deny the 5% raise breaks her heart. Staff members work more than a 9:00-5:00 shift, often investing May 10, 2022 Council Meeting extra time during special events and they go above and beyond the call of duty. To not approve the raise insinuates that the staff are not valued. It would be a sad day if the library closed due to lack of staff. Patrick County has denied their request, Henry County has agreed to discuss the option so Haskin hopes that Martinsville Council will lead the charge in allowing the raise. Rick Ward confirmed that there is a contingency fund but it is not sustainable. Angela Frasier, 1107 Smith Lake Road circulated a petition regarding the condition of Smith Lake Road. The road is dangerous and the only way out for many residents in that area. She estimates 20 or more houses in the area of Village Street which would generate a higher traffic flow than what the City believes there is. Frasier said that the road was built in the 1990s and has never been repaved, if it is not repaired correctly she fears there could be a terrible wreck or fatality. She challenges Council members to drive the road from top to bottom if they don’t believe it should be included in the budget. Bowles explained that if that road were paved, it would cost $232,000 which would take 100% of the paving budget. A lot of paving contractors already have full schedules so the City will put it on the rebid list later in the summer. Bowles said she and other Council members have all received complaints about the road. Pearson explained that infrastructure is part of the consideration of ARPA funds and would like to see Smith Lake Road paving project be reconsidered. Martin said he commends Frasier for how she has handled this situation. Mayor Lawson closed the public hearing. Council Member Martin made a motion to give $6571 towards the 5% pay raise requested by the library. Council Member Turner seconded the motion. Turner asked Martin to amend his motion to offer the full $13,000 if Patrick and Henry County agree to the raise as well. Martin agreed to the amendment, Vice Mayor Bowles seconded the amendment. Council Member Pearson questioned the proposed Council pay raise and that she would be willing to forego the 10% Council pay raise and apply it to the library raise. Lawson explained that funds would need to be allocated first. All Council Members were in favor. Lawson would like to see a minimum 5% adjustment on the assessed value on personal property tax assessments. Turner made a motion to approve the 5% assessed value on personal property tax assessments; Council Member Martin seconded the motion. Lawson explained that by decreasing the assessed value of resident vehicles and instead of basing tax on 100% value of the vehicle, the City would base the assessment on a 95% value to decrease the resident amount owed. This option will give some tax relief to residents. Pearson prefers that they approve more than 5% on personal property tax, maybe 20%? Commissioner of Revenue Ruth Easley said it appears the number listed on page 10 of the handout only included cars, motorcycles and boats. Lawson asked if Council could continue this discussion to the next budget work session. Martin made a motion to award half of the $11262 requested by the Public Defender’s office; Bowles seconded the motion. Lawson wonders if $6,000 will make the impact they need considering the other localities, nor the state are not stepping up. Lawson would like to hold off further discussions until the May 10, 2022 Council Meeting Wednesday work session. Pearson questioned adding staff to Street marking and signs and eliminating other positions. Towarnicki explained anything done through street maintenance will be funded in part by the state. Pearson is concerned about reducing any positions in the Police Department. Bowles said the Police Department will continue to provide the same services, these are positions that were already vacant so they are not eliminating jobs. Pearson questioned where the cost of reversion legal fees is reflected in the budget report. Pearson does not want to see a 10% pay raise for Council. Turner said he spends his Council salary back into the community so he’s not concerned about the raise either. Towarnicki said as far back as 2009, Council salary has remained the same, there was even a time when the salaries went down 5% for 1 year. Bowles explained that Council salary is not substantial but Council donates a lot of their time and reinvests their salary back into the community. Turner would like to set aside $4million in ARPA funds going forward for budget relief. Pearson questioned the Finance Department, since there is a Finance Director and an Assistant Finance Director, is there a need for the part-time position. Towarnicki explained that Linda Conover would been needed until the Director and Assistant Director are fully trained. Conover explained that part of her salary comes from ARPA funds Bowles made a motion to approve Budget Ordinance 2022-U-2 on first reading with requested changes to the library budget; Martin seconded the motion with the following roll call vote: Council Member Pearson, aye; Vice Mayor Bowles, aye; Council Member Martin, aye; Mayor Lawson, aye; and Council Member Turner, aye. Business from the Floor – None Comments by City Council – Council Member Martin asked if there is a way to get the hospital to talk to Council to provide an understanding of what’s going on and why departments are closing. Towarnicki says that meeting is in the works. Council Member Turner said several people were in attendance to view the BB&T building with more than 20 people touring the building. The Request for Proposal process is being adjusted and will allowed additional time than before. Vice Mayor Bowles thanked staff, administration and department heads for their hard work on the budget and answering all of Council’s questions. She thanked everyone for the congratulatory remarks on her earning her MBA. Martin complimented Turner for his work bringing in developers to the BB&T building, stating that Turner is a champion for Martinsville. Lawson attended the Crimestoppers 40th Anniversary luncheon which was well attended and some founding members were in attendance. Tomorrow night is the third Uptown group meeting at 6:00pm at TAD Center. Lawson congratulated Vice Mayor Bowles on receiving her MBA. Comments by the City Manager – City Manager Towarnicki said that there was a ribbon cutting at the Five Points project; the first five houses are complete and two have been sold. The price point on those homes are $130-$135,000 range and the houses were more affordable prior to COVID and price increases. The target all along was to create affordable workforce housing. Each home and situation vary with financing and down payments. Towarnicki explained that May 10, 2022 Council Meeting Martinsville High School will hold the Big M awards on Thursday, May 12 at 7:00pm. Martinsville High School graduation will be May 21 at 10:00am. The Peace Officers Memorial will be tomorrow May 11 at 11:00am at the Henry County meeting room. Friday at 11:00am is the Start-Up Martinsville awards with a large group of 19 businesses. The next budget work session will be May 18 at 6:00pm. There being no further business, Vice Mayor Bowles made a motion to adjourn the meeting at 8:45pm. ______________________________________ ______________________________________ Karen Roberts, Clerk of Council Kathy Lawson, Mayor

Agenda

AGENDA--CITY COUNCIL CITY OF MARTINSVILLE, VIRGINIA Council Chambers – Municipal Building 6:00pm Closed Session 7:00pm Regular Session Tuesday May 10, 2022 6:00 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 Pearson. 1. Recognize a student from Martinsville Middle School’s 7th grade class as Virginia Municipal League’s Region 2 winner of the 2022 “If I Were Mayor” essay contest. (10 mins) 2. Consider presentation of a Proclamation regarding National Police Week 2022 and Peace Officers’ Memorial Day. (10 mins) 3. Read and Present a Proclamation recognizing the 50th anniversary of Piedmont Community Services. (10 mins) 4. Consider adoption on second reading, Ordinance 2022-3 enacting or amending certain sections of the Code of the City of Martinsville regarding use of electric scooters. (15 mins) 5. Conduct a Public Hearing on the City’s FY22-23 Budget and consider approval of Budget Ordinance 2022-U-2 on first reading. (30 mins) 6. Business from the Floor - 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 May 9. 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 mins) 8. Comments by City Manager and City Attorney. (5 mins) City Council Agenda Summary Date: May 10, 2022 Item No: 1. Department: City Council Issue: Recognize a student from Martinsville Middle School’s 7th grade class as Virginia Municipal League’s Region 2 winner of the 2022 “If I Were Mayor” essay contest. Summary: Each fall the Virginia Municipal League (VML) invites all Virginia 7th grade students to participate in its “If I Were Mayor” essay contest. The theme-based essays describe what the student would do as mayor to make their cities, towns, and counties great places to live Martinsville Middle School’s 7th grade class submitted entries to this contest with the eventual winning essay from Region 2 coming from Martinsville Middle School student Jordin Hernandez Machuca. Jordin is the third MMS student to win this award. A representative from Virginia Municipal League will be attending the meeting to present the award. Attachments: None Recommendation: Present an award certificate on behalf of Council City Council Agenda Summary Meeting Date: May 10, 2022 Item No: 2. Department: City Council Issue: Consider presentation of a Proclamation regarding National Police Week 2022 and Peace Officers’ Memorial Day. Summary: Martinsville City Police Department representatives will be present to accept the Proclamation Attachments: Proclamation Recommendations: Mayor to read the Proclamation and present to Police Department representatives. No formal action by Council is necessary. PROCLAMATION NATIONAL POLICE WEEK 2022 & PEACE OFFICERS’ MEMORIAL DAY WHEREAS, the Congress and President of the United States have designated May 15 as Peace Officers’ Memorial Day, and the week in which it falls as National Police Week; and WHEREAS, the men and women of the Police and Sheriff’s Departments of the City of Martinsville are instrumental in creating peace of mind to all the citizenry through their many efforts to enhance public safety; and WHEREAS, it is incumbent on all our citizens to recognize, know and understand the duties, responsibilities, hazards, dedication, and sacrifices of the men and women of the Police Department and the Sheriff’s Department of the City of Martinsville, and it is also incumbent upon each law enforcement officer to serve the people by safeguarding life and property, by protecting against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and WHEREAS, the Police and Sheriff’s Departments of the City of Martinsville are professional organizations that remain abreast in the latest scientific applications of criminalistics; WHEREAS, I call upon all citizens of the City of Martinsville to observe May 15th as Peace Officers’ Memorial Day to honor those men and women who, through their dedicated service and courageous deeds, have lost their lives or been disabled in the performance of their duties. I especially want to recognize Martinsville Policeman George F. Carter, who lost his life in the performance of his duty on June 14, 1919 while he was attempting to apprehend gamblers. I would also like to recognize Martinsville Police Officer Jonathan Bowling who lost his life on January 26, 2005 while fighting in Iraq during Operation Iraqi Freedom. NOW THEREFORE, I, Kathy Lawson, Mayor of Martinsville, call upon all citizens of the City of Martinsville and upon all patriotic, civic and educational organizations to observe the week of May 15 through May 21, 2022, as National Police Week with appropriate ceremonies in which all our people may join in recognizing the women and men, both past and present, who by their faithful and loyal service and devotion to their charge have rendered a dedicated service to our community and the citizens within it, and in performing these duties have established an enduring reputation for preserving the rights and security of all the citizens of Martinsville. _________________________________ Kathy Lawson Mayor City Council Agenda Summary Date: May 10, 2022 Item No: 3. Department: City Council Issue: Read and present a proclamation recognizing the 50th anniversary of Piedmont Community Services. Summary: 2022 marks the 50th anniversary of Piedmont Community Services. A representative of PCS will attend Council’s meeting to accept the proclamation and provide brief remarks. Attachments: Proclamation Recommendations: No action by Council needed - the Mayor will read and present the Proclamation. PROCLAMATION RECOGNIZING THE 50TH ANNIVERSARY OF PIEDMONT COMMUNITY SERVICES WHEREAS, Piedmont Community Services was formed in 1972 to provide behavioral and mental health services for the City of Martinsville, and the counties of Henry, Patrick, and Franklin; and WHEREAS, the mental health of every citizen is essential to the emotional and economic prosperity of our families, communities, and businesses; and WHEREAS, we strive to create a community that supports behavioral and mental wellness by increasing access to treatment, educating ourselves and our communities about mental wellness and mental illness, and supporting our citizens as they seek to improve their mental health; and WHEREAS, approximately 430 staff members at Piedmont Community Services serve d 7,257 individuals and families during 2021; and WHEREAS, these services include but are not limit ed to_ outpatient counseling for mental health and substance abuse, case management services, parenting classes, school-based programs and residential services; and WHEREAS, these services have positively impacted our local youth through partnerships with the school system to locate case managers, support early intervention programs and promote a Drug Free MHC through a youth task force represented in all of our area high schools; and WHEREAS, Piedmont Community Services is celebrating its 50th anniversary this year, signifying a remarkable milestone of invaluable service to our community; NOW, THEREFORE, I, Kathy Lawson, Mayor, and members of Martinsville City Council do hereby recognize Piedmont Community Services for its 50 years of service and we gratefully acknowledge the important role and tremendous impact PCS has made to our community over the years. __________________________ Kathy Lawson, Mayor City Council Agenda Summary Meeting Date: May 10, 2022 Item No: 4. Department: City Attorney Issue: Consider adoption on second reading, Ordinance 2022-3 enacting or amending certain sections of the Code of the City of Martinsville regarding use of electric scooters. Summary: In 2021, the City was approached by a representative of Bird, a company that partners with localities to bring electric scooter programs generally to downtown business areas to promote mobility while using electric rechargeable scooters. A number of discussions took place and ultimately, a survey was conducted with the assistance of Uptown Partnership to determine the level of interest by business owners and operators in the Uptown area in such a program. The responses to the survey were overwhelmingly in support with almost 80% of respondents in favor. A number of City Code changes are necessary to allow electric scooters to operate in the Uptown area and should Council decide to allow scooters, the proposed ordinance changes reflect experiences in other Virginia localities which have allowed scooters, and are designed to address permitting, safety, and parking of scooters while not in use. At Council’s April 26 meeting, Mr. Chris Stockwell with Bird participated virtually and provided additional details about their proposed scooter program. Attachments: Ordinance 2022-3 Recommendations: Consider adoption on second reading by roll call vote. City of Martinsville, Virginia Ordinance No. 2022-3 BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in Regular Session held on May10, 2022, that the Code of the City of Martinsville be enacted or amended, specifically that: Section 12-68 be amended; Sections 12-177 & 118, currently reserved, be enacted; Chapter 12, Article VI, Sections 12-140, 12-142 & 12-155 be amended; Section 19-22 be amended; and Section 19-23, currently reserved, be enacted; all as follows: Sec. 12-68. - Application of article; definitions. (a) The provisions of this article regulating the stopping, standing and parking of vehicles in this city shall apply at all times or at such times as specified herein or as indicated on official signs, except when it is necessary to stop a vehicle to avoid conflict with traffic or in compliance with the directions of a police officer or a traffic- control device. (b) As used in this article, the term "vehicle" shall be construed to include everything encompassed by the term "vehicle," as that term is defined in section 46.2-100 and 46.2-800 of the Code of Virginia, and also scooters and bicycles. (c) Whenever the term "chief of police" is used in this article, it shall include any acting chief of police or any police officer to whom the chief of police has delegated the responsibility for the duty described. Sec. 12-117. - Parking on sidewalk, pedestrian crossing or driveway. (a) It shall be unlawful for any person to park a vehicle on or near a sidewalk or pedestrian crossing in such a way as to block or obstruct the free passage of pedestrians or with any portion of the vehicle on or overhanging any portion of the sidewalk. (b) It shall be unlawful for any person to park a vehicle, including a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, motorized foot- scooter, or motorized skateboard, in such a manner as to block in whole or in part any driveway or entryway. Sec. 12-118. - Parking in public rights-of-way. It shall be unlawful for any person to park a bicycle, skateboard, electric personal assistive mobility device, electric power-assisted bicycle, motorized foot-scooter, or motorized skateboard in a manner that unreasonably impedes pedestrian or vehicular traffic on a public roadway, shared-use path, or sidewalk. For purposes of the section, parking unreasonably impedes pedestrian traffic on a sidewalk when it leaves a route width of less than four (4) feet. ARTICLE VI. – BICYCLES, MOPEDS AND SCOOTERS Sec. 12-140. - Definition, age of operation. (a) The term "bicycle" as used in this chapter, shall be deemed to mean any device propelled solely by human power, having pedals, two (2) or more wheels, and a seat height of more than twenty-five (25) inches from the ground when adjusted to its maximum height (a recumbent device shall be deemed a bicycle regardless of a seat height). For purposes of the city code, a bicycle shall be a vehicle when operated on a highway, street or alley. (b) For purposes of this chapter, the term "bicycle" shall also include mopeds as defined in Section 46.2-100, of the Code of Virginia, and all sections in this chapter shall apply to both bicycles and mopeds unless otherwise specifically stated. Mopeds are defined as a conveyance that is either (a) a bicycle-like device with pedals and a helper motor (gas or electric powered), which is rated at no more than two (2) brake horsepower and produces speeds up to a maximum of thirty (30) miles per hour or (b) a motorcycle with an engine displacement of fifty (50) cubic centimeters or less and a maximum speed of less than thirty (30) miles per hour. (c) For purposes of this chapter, the term “bicycle” shall also include scooters, whether motorized or not motorized, as defined in Title 46.2 of the Code of Virginia. (d) No person under the age of sixteen (16) years shall operate a moped as defined in this chapter, or a bicycle with a helper motor that is classified as a moped, or a scooter, on any highway or public vehicular area of the city. (Ord. No. 2003-11, 9-9-2003) Sec. 12-142. - Sale, rental of bicycles and mopeds-information required. Information regarding the sale or rental of bicycles and mopeds and scooters shall be available to the city treasurer upon request. (Ord. No. 2003-11, 9-9-2003) Sec. 12-155. - Impoundment of abandoned or unregistered bicycles and mopeds. (a) Any unattended bicycle found under such times and circumstances that indicate it has been lost or stolen, or in a manner which in the reasonable professional opinion of a law enforcement officer violates and section of the either this Code or the Code of Virginia, shall be deemed abandoned. If a reasonable attempt to locate the owner or user in the immediate vicinity of the bicycle fails to produce the owner or user, any bicycle so abandoned shall be taken into custody and impounded by the chief or police or any officer of the police department. (b) No abandoned bicycle or moped shall be released or removed from impoundment except upon satisfactory showing of ownership and in the case of mopeds, display of a city registration certificate and proper display of a tag or number plate by the owner or an agent of the owner. (c) If an abandoned bicycle or moped is not reclaimed, within thirty (30) days from the date of impounding, the chief of police or his agent shall provide for the public sale of such bicycle or moped. (d) Any bicycle or moped found and delivered to the police department by a private person which thereafter remains unclaimed for thirty (30) days after the final date of publication as required herein may be given to the finder; however, the location and description of the bicycle or moped shall be published at least once a week for two (2) successive weeks in a newspaper of general circulation in the city. In addition, if there is a decal affixed to the bicycle or moped, the record owner shall be notified directly. (Ord. No. 2003-11, 9-9-2003; Ord. No. 2006-3, 4-25-2006) Sec. 12-117. - Parking on sidewalk, pedestrian crossing or driveway. (a) It shall be unlawful for any person to park a vehicle on or near a sidewalk or pedestrian crossing in such a way as to block or obstruct the free passage of pedestrians or with any portion of the vehicle on or overhanging any portion of the sidewalk. (b) It shall be unlawful for any person to park a vehicle, including a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, motorized foot- scooter, or motorized skateboard, in such a manner as to block in whole or in part any driveway or entryway. Sec. 12-118. - Parking in public rights-of-way. It shall be unlawful for any person to park a bicycle, skateboard, electric personal assistive mobility device, electric power-assisted bicycle, motorized foot-scooter, or motorized skateboard in a manner that unreasonably impedes pedestrian or vehicular traffic on a public roadway, shared-use path, or sidewalk. For purposes of the section, parking unreasonably impedes pedestrian traffic on a sidewalk when it leaves a route width of less than four (4) feet. Sec. 19-22. - Skating and skateboarding in the city. (a) It shall be unlawful and a Class 4 misdemeanor for any person over the age of fourteen (14) years to skate on any paved public sidewalk of the city. (b) It shall be unlawful for any person [to] ride or sue use rollerskates, rollerblades, skateboards, scooters or similar devices on wheels or runners in any area whatsoever located within the area bounded as follows: beginning at the intersection of Market Streets and Commonwealth Boulevard, thence along Market Street to its conversion to Mulberry Road; thence along Mulberry Road to Oakdale Street, thence along Oakdale Street to East Church Street, thence along East Church and its conversion to Church Streets and including those lots on the north side thereof and Letcher Court and Scuffle Hill Road and their adjoining lots; thence along Clay Street and those adjoining lots on the eastern side thereof to Mineral Street; thence along Mineral Street to Lester Street; thence along Lester Street to Depot Street; thence along Depot Street to its intersection with Liberty Street; thence along Liberty Street to Commonwealth Boulevard; thence along Commonwealth Boulevard to the point of beginning; provided however, that this prohibition shall not apply to on-duty police or other law enforcement officers and other uniformed emergency services personnel. (c) A violation of subsection (b) shall be subject to a civil penalty of fifty dollars ($50.00). (1) Any city officer, or employee of the city who is (a) responsible for the enforcement of any provision of this code, (b) wearing a uniform and (c) carrying identification, may approach and question any person concerning a civil violation of this code and may cause a notice of the violation to be served on any or all persons committing or permitting such violation. (2) The notice shall state that the person served has been charged with violating this subsection and shall provide that the person may elect to make an appearance in person before or in writing by mail to the treasurer of the city, and admit liability for or plead no contest to the violation and pay the civil penalty, all within the time period fixed in the notice. (3) If a person charged with a violation does not elect to admit liability or plead no contest the violation shall be tried in the Martinsville general district court upon a warrant in debt or motion for judgment, with the same right of appeal as provided for civil actions at law. In the event the violation exceeds the jurisdictional limits of the general court, the violation shall be tried in the circuit court. (4) A finding or admission of liability for, or a plea of no contest to, a civil violation shall not be deemed a criminal conviction for any purpose. An admission of liability shall have the same force and effect as a judgment in court. (Code 1971, § 15-11; Ord. No. 2013-1, 2-12-2013) Sec. 19-23. - Storing, etc., goods on sidewalk or in gutter. It shall be unlawful for any person to store, keep or expose for show, sale, or rental any goods, wares, vehicles, or other merchandise or property on public right-of-ways without a license, permit, or franchise issued by the city. Any such merchandise or property encroaching on public rights-of-way without a license, permit, or franchise may be taken into custody and impounded by the chief of police, any officer of the police department, or any employee of the department of public works, and require the payment of a reasonable fee as established by the city manager for such impoundment prior to the return of such merchandise or property. ********* Attest: ________________________________ Karen Roberts, Clerk of Council City Council Agenda Summary Meeting Date: May 10, 2022 Item No: 5. Department: City Council Issue: Conduct a Public Hearing on the City’s FY22-23 Budget and consider approval of Budget Ordinance 2022-U-2 on first reading. Summary: The City’s proposed FY23 Budget was presented to Council at the April 26, 2022 meeting. Work sessions were held on Wednesday, April 27th with Schools, Fire, and PD, and with remaining City departments and certain outside agencies on Tuesday, May 3rd and Wednesday, May 4th. The budget as presented includes leaving all tax rates and fees at the FY22 levels with the exception of a recommended 7% increase in Refuse collection fees. One issue still under consideration is in regard to an increase in personal property tax revenue resulting from higher assessments. Attachments: Ordinance 2022 –U-2, outlining fund details of the proposed City’s FY22-23 Budget. Recommendations: Conduct the public hearing and approve on first reading (roll call vote), subject to changes or modifications Council desires to make. Ordinance 2022-U-2 The Budget for Fiscal Year 2022-2023 BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in regular session assembled May 24, 2022, that the following sums of money be and hereby are appropriated — by specific Fund — for the City's fiscal year ending June 30, 2023, from the following Fund sources of estimated revenue: SUMMARY STATEMENT OF BUDGET ESTIMATES 2022-2023 PROJECTED BUDGETED CHANGES FUND REVENUES EXPENDITURES FUND BALANCE General $33,172,346 $37,107,876 ($3,935,530) Meals Tax $2,722,721 $2,722,721 $0 Capital Reserve $1,451,116 $1,451,116 $0 Refuse $2,018,795 $2,226,077 ($207,282) Telecom $2,183,801 $2,193,309 ($9,508) Water $3,925,600 $3,292,264 $633,336 Sewer $4,597,012 $6,208,661 ($1,611,649) Electric $20,093,563 $21,350,864 ($1,257,301) CDBG $1,183,320 $1,090,360 $92,960 Cafeteria* $1,705,775 $2,293,640 ($587,865) School Operating* $27,404,205 $27,404,205 $0 TOTALS: $100,458,254 $107,341,093 ($6,882,839) *Cafeteria and School Operating Funds information provided by School Personnel. Tax Rates: Real Estate: $1.03975 per $100 assessed value Personal Property: $2.30 per $100 assessed value (unchanged) Machinery/Tools: $1.85 per $100 assessed value (unchanged) Refuse Collection Fees: 7% increase across all categories ********* Attest: ________________________________ Karen Roberts, Clerk of Council

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