City Council

August 9, 2022 Council Meeting The regular meeting of the Council of the City of Martinsville, Virginia was held on August 9, 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/City Attorney Eric Monday, Clerk of Council Karen Roberts, Public Information Officer Kendall Davis, Community Development Manager Mark McCaskill, Deputy Police Chief Rob Fincher, and Police Chief Eddie Cassady. Mayor Lawson called the meeting to order and welcomed everyone to the meeting. Council Member Pearson lead the pledge to the flag and invocation. Hear an update from Chris Metz on his recent trip to Ukraine – Local resident Chris Metz recently traveled to Ukraine to assist with the rescue of 120 refugees. Metz received financial donations at a previous Council meeting and wanted to update residents on his trips to Ukraine. Metz shared details about Ukraine as a country and the events that have happened over the past few months. Metz shared a PowerPoint & photos detailing his experience during the rescue project. Metz thanked everyone in the community, local churches and his family for their support during this project. Council Members thanked Metz for his heroic actions. Conduct a public hearing on the Martinsville Historic District 2022 Update – Community Development Director Mark McCaskill introduced Michael Pulice, Western Region Preservation Office Architectural Historian and Kayla Halberg of the Conservation Preservation Group. Pulice explained that the public hearing is necessary so the Martinsville Historic District boundary increase can be presented to a quarterly state review board meeting in Stanton on September 15 to approve the nomination. The National Register is the official Federal list of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, engineering, and culture. The National Register properties have significance to the history of the community, state, and the nation. The National Register does not bring restrictions to property owners; that can only happen on a local level. Halberg shared a presentation including the requirements, the impact of National Register listings, a map of Martinsville historic districts and changes made with this project, the application process, and her contact information for anyone with questions. Pulice said the boundaries are drawn by the guidelines set by the National Park Service. The purpose is to provide for financial grants and tax credits. Council Member Pearson asked City Manager Towarnicki if he would provide local zoning ordinances as overlays for Council’s better understanding. Pulice explained that what he refers to is on a state and federal level and has no control over local restrictions. Monday shared that local overlays do not have to match state or federal overlays and has no authority over the City Architectural Review Board. Pulice explained the process and the timeframe of actions after the public hearing is completed. Mayor Lawson opened the floor for public hearing. Clarence Holland, 711 Mulberry Road shared his desire to help Martinsville residence especially those on Westside. Vice Mayor Bowles recommended Holland contact the City Manager’s office since his topic was August 9, 2022 Council Meeting unrelated to the public hearing. Giles Smith, 10 East Market Street stated that his company owns property listed in the historic district. He received a letter previously about this historic expansion, he fully understands that there are no restrictions on the property. His concern is at some point that this will be adopted at a local level overlay. Monday confirmed that there has not been any discussion on expanding the local overlay and that Council has always had the authority to override the Architectural Review Board. Lawson closed the public hearing on the historic district presentation and stated that there is no action needed at the meeting tonight. Bowles said there was an organization that had applied for a grant in partnership with the City, this will be an added addition to help with those properties. August 9, 2022 Council Meeting Hear an update from Sovah Health regarding operations at the Martinsville hospital facility – Cancelled for the night and moved to a later meeting. Hear an update from Martinsville-Henry County 911 Center Director Tierra Dillard on the 988 system - MHC 911 Center Director Tierra Dillard updated Council on the 988 emergency/crisis call system that will connect callers with the district suicide prevention center. 988 is currently not active in our area but will have three response levels depending on the severity of the call. The 911 center can currently transfer calls to 988 but it’s not an efficient action. Both the City and County have links on their websites where requests for mental health situations can be noted in the 911 system. Piedmont Community Service is the local head of the 988 alert and will be working closely with the 911 center. The official implementation of 988 should take effect within 12 months. Vice Mayor Bowles expressed concern if Martinsville will have the local resources available to support this program and the callers. Hear information from United Way of Henry County and Martinsville about a proposed housing eviction prevention program and a request for City funding – Local United Way Executive Director Phil Wenkstern presented information on the Needs Assessment for Eviction Prevention in Martinsville and Henry County. Wenkstern shared details of the program addressing the eviction concerns and statistics. This program will only be successful if they can work with both the tenant and the landlord. United Way will not disburse funds to a tenant if the landlord is not cooperative. There has been some apprehension from landlords and tenants. United Way wants this to be a long-term solution for both. This program is for residents with extenuating circumstances and not for tenants who just refuse to pay rent. Council Member August 9, 2022 Council Meeting Pearson is impressed with the program plan and she did some research of her own in comparison to United Way recommendations, with the most successful programs that do this in a more holistic manner. Vice Mayor Bowles asked if the County does not contribute, would the funds be applied only to Martinsville residents. Wenkstern is asking for $60,000/year for 2 years and Council can set their own requirements for the use of those funds. Funding would stay with the housing stability coordinator and not for additional staffing. The information has been submitted to Henry County but they have not gotten word back from them. The eviction rate in the City is 70% vs 40% in Henry County. Bowles prefers to focus on City residents, tenants, and landlord or city tenants with outside landlords if the county does not contribute. Bowles feels the City needs this program 100%. Council Member Martin says there is a misconception that people just don’t want to pay but so many are underemployed and do not make enough money to pay the bills. City Manager Towarnicki confirmed that Council had earmarked $500,000 in ARPA funds already for housing needs, stating Council can apply any conditions. Wenkstern pointed out the more restrictions that are applied to the funds, the more staffing will be needed for the program. Mayor Lawson and Vice Mayor Bowles want to focus on city residents in need more than the location of the landlord. Lawson would like Council to make the approval for $60,000 over 2 years with priority of City tenants in need. Council Member Martin made the motion to approve the request for $60,000 funding; Council Member Pearson seconded the motion with all Council Members voting in favor. August 9, 2022 Council Meeting August 9, 2022 Council Meeting Hear an update from Martinsville City Schools Director of School Safety T. J. Slaughter on safety and security measures planned for the upcoming school year – Director of School Safety T.J. Slaughter presented a brief overview of the safety and security measures planned for the August 9, 2022 Council Meeting upcoming school year at the Martinsville City schools. School safety is priority. Deputy Police Chief Rob Fincher would not give in depth response details but explained that the Police Department works closely with the schools in case of emergencies. Safety is important and they are working throughout the year, including summer months to make the schools safe. Slaughter said the School Resource Officer is vital for protection as well as the relationship they build with the students. Martinsville is one of the few locations that has an SRO in every school. Other safety measures include security entries with a second set of doors in the lobby. Several outside doors are equipped with controls to monitor access to the building. Law enforcement and public safety officials have access to the buildings in case of emergency. Panic alarms that go to the 911 Center have been installed in classrooms and school buses now include a GPS location tracker. Emergency speakers and notification systems are in place in all schools. Over 300 cameras have been installed division wide including outside cameras. Window armor is being installed using local funds; this is in some buildings but not all yet; Martinsville schools are the first to use this in Virginia. There are also gunfire detectors that will send a message and map to law enforcement. With any school shootings, Slaughter and the resources officers evaluate the situation and implement changes in our local schools. Safety audits are conducted every summer although only required every 3 years. The state has offered funding to improve school mapping systems. Most of safety initiatives were funded by grants and 90% of equipment has come from local vendors. Martinsville school divisions are ahead of the curve to keep students and teachers safe. If Council or parents have questions, Slaughter encourages them to contact him and he invites Council to take a tour of the schools to see the security measures in place. Mayor Lawson is thankful that Martinsville is being proactive instead of waiting for something to happen. Vice Mayor Bowles requested City Manager Towarnicki to send nomination documentation of those improved safety measures to be considered for the VML innovation award. Slaughter stated that Virginia is the leader in school safety. His last 4 years in law enforcement he was a SRO and those years were the most rewarding of his career. Hear information related to the enforcement of §15.5-21 of the Martinsville City Code regarding property maintenance violations – City Attorney Monday summarized the approach of Property Maintenance in the City which is complaint driven, and a reactive process not proactive because of limited resources. Although property maintenance is near the top of complaints, the City has not historically been able to allocate a lot of resources to that. Property Maintenance staff only respond to areas of concern that are visible from the public right of way and do not include backyards which have an expectation of privacy and would require a warrant for property maintenance staff to inspect. Monday touched on discretionary clauses because there are frequent situations where an issue can annoy a neighbor but does not rise to property maintenance nuisance requirements. Monday explained that there have been instances where neighbors have had issues with neighboring property but would not testify in court. There is a state code where five or more citizens can sign a petition to panel a grand jury to declare a August 9, 2022 Council Meeting property as a nuisance and there is a pending situation in the city now. It’s not a matter of if the City Property Maintenance staff or City Attorney are not doing their job, they are restricted in the action they can legally take if the property fits the nuisance requirements. Turner expressed his objection, stating that Council has a responsibility to the citizens and that the Attorney should not have a veto option on the administration side. It should be up to the Council to provide safe neighborhoods. The City has not done its job on this specific property since a “cloud” of mosquitoes are present and the issue can be seen from the right of way. Turner made a motion to remove the City Attorney’s authority to block the institution of the nuisance ordinance. Monday understands Turner’s political motivation however even if Council were to amend the ordinance, it won’t affect his discretionary authority to pursue or not pursue a case. Monday referenced the City Charter giving the City Attorney management and control of all legal matters involving the City and he cannot ethically and will not bring action when there are no supporting witnesses. Monday prepared the petition on the property in question as Turner requested, Turner went out and obtained the signatures then filed the petition in the Clerk’s office without notifying Monday making it an active court case. To suggest that staff or the attorney did not do their job is untrue. Monday said that even if Council requires him to file when there are no witnesses or legal basis to pursue action, then he can not ethically file the complaint. Council Member Martin said that it’s been frustrating, none of the Council Members have attended law school so they must trust Monday’s professional opinion. It would be a waste of time and money to take a complaint to court if it can’t be won. If it’s in the backyard, Property Maintenance does not have a legal right to go into the backyard when it is not viewable from the right of way. Monday prepared the paperwork because five people were willing to testify in court. The property concerns from the front of the home have been posted and have all mostly been addressed. The court sets the calendar so Monday can not provide a timeframe. At the previous Council meeting, Council Member Turner made the motion to remove the City Attorney from the discretionary authority; Council Member Pearson seconded the motion and the topic was tabled until tonight’s meeting. Council Member Martin expressed concern that there are personal issues going on, it is an election year and people are using this situation when they should not. Council Member Turner and Council Member Pearson voted in favor of removing the City Attorney’s discretionary authority regarding property maintenance violations; Vice Mayor Bowles, Mayor Lawson and Council Member Martin voted against it. Motion dies with a 2-3 vote. August 9, 2022 Council Meeting Consider approval of a revised power purchase agreement for the City’s participation in a solar energy project at the former Lynwood golf course – City Attorney Monday confirmed with the Virginia Conflicts of Interest and Ethics Advisory Council that although Council Member Martin is employed by the DEQ, there is no financial detriment or conflict of interest when allowing him to vote on this matter. Mayor Lawson confirmed along with Utilities Director Durwin Joyce that the City was notified by letter in a timely manner in 2021 that they would be unable to install the panels in the timeframe originally provided in the contract and there were provisions for Martinsville and the solar company if they could not perform the project in the time listed in the contract. They exercised their right as provided in the contract. Vice Mayor Bowles made a motion to approve the revised power purchase agreement; Council Member Martin seconded the motion. Council Member Turner asked about the decommissioning bond. Joyce explained that the Electric Department has nothing to do with ownership of the property or the solar site. Lawson explained that details on the decommissioning bond are spelled out in the contract. Turner asked who would be responsible for cleanup if the company goes belly up. Lawson verified that Martinsville is a customer and would not be responsible for cleanup. Joyce explained that Turner is asking legal questions that would need to be directed to the solar company and that he does not have those answers. Martin reiterated that the City does not own the property and the simple fact that the cost has already gone up since there is a material shortage, they should not wait to approve the revised agreement. They want to get the best deal August 9, 2022 Council Meeting now before prices go any higher. The revised power purchase agreement was approved 4-1 with Pearson, Bowles, Lawson and Martin voting for and Turner voting against. Consider approval of the consent agenda – Vice Mayor Bowles made a motion to approve the consent agenda as presented. Council Member Turner seconded the motion with all Council Members voting in favor. Business from the floor – Chasity Baliles of 988 Light Ridge Road in Meadows of Dan, Virginia stated that she has lived in and worked in the City of Martinsville most of her life. Baliles has experienced some issues with two local business owners, one of which serves on the Martinsville City Council. She was the previous general manager at ShinDig, a business owned by Council Member Pearsons and her husband. Mayor Lawson questioned Baliles if her concern was directly related to City business and if not, they could talk privately along with the Vice Mayor. Council Member Martin and Vice Mayor Bowles requested that Baliles have the right to speak, referring to meetings where Sharon Brooks Hodge was on Council and individuals were allowed to speak on non-City related topics. Martin left his seat to stand by Baliles at the podium. Baliles stated that on Sunday July 24, Council Member Pearson and her husband Will came to her place of employment knowingly and with intentions of humiliating her and talking bad about her to her coworkers. Management at Chateau Morrisette where Baliles works, will no longer allow the Pearsons back on the property because of this situation. Posts and pictures were made on social media including Wild Magnolia’s business page, a second business in the City owned by the Pearsons. Baliles read some of the posts that were made and described how it had affected her children and her family, stating when you break the law or break the rules there should be consequences no matter their position within the City. Baliles requested the resignation of Council Member Pearson, stating that she and her husband abused their power and Baliles will be filing a defamation suit against them. Aaron Rawles stated that he is running for City Council and said that he has seen social media posts from a couple of City Council Members trying to “stir things up” in the situation with Mrs. Baliles. Rawles stated that it is a horrible thing that happened but he is unsure how it relates to City government or why it was brought up during a Council meeting. Council Member Martin’s reputation is earned and he should put forth the same effort as a Council Member that he has invested in stirring up controversy on social media. Rawles encouraged Council to focus on what matters so that the City will not look petty. Council Member Martin asked “if not now then when, if not us then who”. City Council Members represent 13,000 August 9, 2022 Council Meeting residents in the city. Vice Mayor Bowles does not feel that anyone is being petty in this situation. At that point, Mayor Lawson concluded the conversation. Rawles said he would talk to the Mayor privately. Deborah Martin, 859 Valley Drive in Fieldale – Martin works in the City, she has worked for the Pearsons and she is the mother of Baliles. Martin stated it was the Pearson’s responsibility that this issue was exposed on social media. Mr. Pearson shared to the world-wide net calling her daughter horrible names and accusing her of questionable actions. She is a great daughter, aunt, mother, and sister. They tried to destroy her reputation, her job and her family. Council Member Martin did not instigate anything, it all started with Mr. Pearson’s post was made. She will always fight for her daughter. Comments by City Council – Council Member Martin invited Council Members to a voter registration and pizza on September 20 from 430-630pm at Maplewood apartments. Martin referenced a quote from the Merchant of Venice stating “If you prick us, do we not bleed? If you tickle us, do we not laugh?”. Martin went on to share “If a Christian wrongs a Jew, what should his sufferance be by Christian example? Why, revenge”. After seeing what happened to Baliles, part of him said “it’s get back time”. Then, Martin also referenced Proverbs 24:17-18 “Do not gloat when your enemy falls”. Someone can’t keep doing wrong and think they can keep getting away with it. If not us then who, and if not now then when? We should stand up for people who are mistreated, let it happen to you and it means more to you. Martin stated that you cannot have true reconciliation without restitution. Someone can not apologize in private without restoring your dignity in public as well. He will stand with Baliles all day regardless what anyone says. Mayor Lawson reprimanded a member of the audience for spoke out of line after Martin’s statement. Turner asked Community Development Manager Mark McCaskill about the Housing Summit and the Virginia Housing staff who toured the city recently. McCaskill stated that Virginia Housing staff pointed out several avenues for future exploration. Turner stated that the City qualified as a rural community and that there is money available for housing on that line including Fayette Street and Paradise Inn. Vice Mayor Bowles reminded Council that nothing could be done at the Paradise Inn without the owner’s permission. Turner recognized the passing of Buddy Arrington and offered condolences to the family. Turner stated that Lou Whitaker, local resident and baseball pro had his number retired recently in Detroit and recommended naming something after Whitaker at Hooker field since he is currently the best baseball player out of Martinsville. Council Member Pearson wished the students and parents a wonderful school year and thanked Dr. Talley for his preparation. Her job as a City business owner and a Council Member August 9, 2022 Council Meeting can be difficult but it pales in comparison to the responsibilities of school staff. Pearson thanked everyone who spoke this evening and those who have reached out to her personally. She wants all City voices to be heard. Pearson stated that she will not resign from City Council, that she will fulfill her term and continue to listen to and represent the citizens of Martinsville. Instead of resigning, she commits to working harder and fighting for what’s right and just and what’s best for the citizens. Vice Mayor Bowles wished Martinsville students good luck returning to school. Special thank you to Jessica Burnette at Eastman for the donation of the flower seeds. Bowles mentioned Hometown Hustle and thanked Natalie Hodge for showcasing the Martinsville area. The SPCA has many cats and dogs at a low adoption fee, Bowles encourages residents to adopt. All residents are invited to the unveiling of the Martinsville 7 historical marker on September 10 at 1130am. Mayor Lawson received messages of appreciation from the Library Board for Council’s approval of the 5% pay raise request as well as a card from Reed Electrical Solutions, a graduate of the Martinsville GROW program who expressed appreciation for the City’s support helping small businesses through the learning process. Lawson offered condolences to the family of Frances Zehr, a former member of the Henry County Board of Supervisors and a member of the school board. Lawson stated that Aaron Rawles pointed out something important during business from the floor, when the City has negative news and the media plays it over and over and people are visiting the community it makes the City look bad. A realtor told Lawson that she had lost a sale because they watched a local program and did not want to be a part of that community. Martinsville has so much opportunity to grow and we need to focus on the positive, there is always unfortunate circumstances but repeating them over in the media doesn’t serve anyone. Lawson asked to see the PART Bus report at the next Council meeting as well as getting an update from the hospital staff. Comments by the City Manager – City Manager Towarnicki reminded citizens that there are a number of openings on several boards and commissions including two vacancies on the Patrick & Henry Community College board and the Library board. Towarnicki encouraged residents to contact the City Manager’s office or apply online through the website. There are 30-35 vacancies total and there are some boards that don’t have enough members to call a meeting. Towarnicki also announced that the scooter business originally planned for the City has been delayed indefinitely. Comments by the City Attorney – City Attorney Monday shared that charity begins in our hometown. He is a lifetime supporter of the SPCA and they are currently full and cannot take any of the 4,000k beagles recently rescued from the Charlotte County facility. Monday encourages residents to adopt and to look into the Envigo Beagles story. These beagles were August 9, 2022 Council Meeting rescued and are currently being relocated throughout the country to find new homes. Monday said it is unlikely that the scooter company will be coming to Martinsville. There being no further business, Vice Mayor Bowles made a motion to adjourn the meeting at 9:50pm. ______________________________________ ______________________________________ Karen Roberts, Clerk of Council Kathy Lawson, Mayor