City Council

November 15, 2022 Council Meeting The regular meeting of the Council of the City of Martinsville, Virginia was held on November 15, 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, Public Information Officer Kendall Davis, and Police Captain Chad Rhoads. 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 Council Member Pearson with the following 5-0 recorded vote: Mayor Lawson, aye; Council Member Martin, aye; Council Member Pearson, aye; Council Member Turner, aye; and Vice Mayor Bowles, aye. Council convened in Closed Session to discuss the following matters: (A) Personnel discussions, authorized by Subsection 1, and (B) 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. Council recessed Closed session at 7:00pm and per Mayor Lawson, would reconvene after the regular session. Mayor Lawson called the meeting to order and lead the pledge to the flag. Pastor Douglas Bynum of Mount Zion AME Church offered the invocation. Mayor Lawson welcomed everyone to the meeting, stating that printed agendas could be found in the back of the room and on the City website for those watching from home. Approve minutes from the October 25, 2022 Council meeting – Vice Mayor Bowles made a motion to approve minutes as presented; Council Member Martin seconded the motion with all Council Members voting in favor. Hear an overview of the November 14, 2022 Southside neighborhood tour and meeting - City Manager Towarnicki detailed the tour of the Southside neighborhood, sharing that the neighborhood looked considerably better than it did during the previous Southside tour. Towarnicki summarized that the neighborhood meeting was held at Wesley Memorial Church with approximately fifteen residents in attendance; Towarnicki, Property Maintenance, Inspections and the Police Department provided residents with updates. Towarnicki shared concerns expressed by residents during the meeting and how those concerns will be handled by the appropriate department. Towarnicki thanked the residents for attending and the church for allowing the City to hold the meeting there. Mayor Lawson stated that residents can be hesitant to report property maintenance issues but she assured them that names are not released. Consider action as Martinsville Redevelopment and Housing Authority to approve the BB & T building Contract of Sale & Development Agreement – Vice Mayor Bowles made a motion to recess as City Council and convene as the Martinsville Redevelopment and Housing Authority; Council Member Turner seconded the motion with all Council Members voting in favor. City November 15, 2022 Council Meeting Manager Towarnicki detailed the RFP changes and changes to the contract. They were expecting more offers but they did receive a quality proposal for the BB&T building which checks off all boxes for what they had hoped for that location. John Garland and Jim Cherney of JRS Realty Partners submitted the proposal and were in attendance to share a PowerPoint with previous projects and details of the proposed BB&T project. The building would include restaurant space, apartments and a rooftop event space. Cherney explained that asbestos in the building is a concern along with moving very large equipment out of the building. They allow approximately one year for planning and design and another one to two years for construction. Rental will be based on the square footage of the apartments and will run between $695-$995; Cherney described the apartments as work-force rentals. The overall appearance of the building will need to stay the same to qualify for some grants, but they plan to clean the outside of the building and make any repairs. Garland explained there would be accent lighting and other updates to the outside of the building to make it more inviting. There will be more conversations about how the event space, restaurant space and kitchens could be used. Martin recommended making the fourth floor a shared work space. Garland explained that the current proposal would probably be the most feasible and affordable but they are still accepting suggestions. Bowles made a motion to approve the Contract of Sale and the Development Agreement and to authorize the Executive Director to execute all documents related to the project. Martin seconded the motion. Turner asked for clarification about whether the building would need to be completed prior to deeding the property. Towarnicki explained that proposals went out in June through August, the change was made but he would have to check the exact date. Turner disagreed with what Towarnicki explained about the timing of the RFP addendum. Towarnicki confirmed that the change was sent to everyone and as soon as that issue was brought to their attention they made that change. Mayor Lawson asked Towarnicki to provide the addendum date to Turner. Council Member Pearson said that those changes concern her and that the contract approval should be moved back. Lawson said everyone on the list was sent the addendum at the same time so all parties were made aware. Towarnicki shared that they were very open with everyone who toured the building and once they were made aware of the financing issue, the change was made and all interested parties were informed. Turner argued that the change was made in the eleventh hour. The motion passed with a 3-2 vote with Bowles, Lawson and Martin voting in favor, Turner and Pearson voting against. Turner made a motion to recess as the Martinsville Redevelopment and Housing Authority and reconvene as City Council; Martin seconded the motion with all Council Members voting in favor. November 15, 2022 Council Meeting November 15, 2022 Council Meeting Consider approval of a Contract establishing roles in Martinsville Uptown Revitalization – Mayor Lawson explained that the verbiage for this agenda item had changed. Council will now consider a resolution supporting the Main Street application by the Uptown Partnership in association with CPEG. City Manager Towarnicki shared that he and City Attorney Monday have met on several occasions with Uptown Martinsville and CPEG and hope to see a more consolidated effort between the two entities. The application deadline is this Friday. The original resolution has been revised to clear the path for Uptown to file the application by that deadline. Vice Mayor Bowles made a motion to approve the resolution; Council Member Martin seconded the motion with all Council Members voting in favor. November 15, 2022 Council Meeting Hear an update from Piedmont Community Services – Sharon Buckman, Clinical Division Director and Shannon Clark, CSS Division Director presented a PowerPoint to update Council on substantial growth over the past 10 years, including the demographic profile by race and gender, locations they cover as well as treatment provided. Per capita, Martinsville has a greater need for services than other surrounding communities. Buckman shared that they are making headway in opioid abuse since treatments are more readily available but there is a new concern with fentanyl which continues to be chemically altered to increase potency. Methadone is an opioid replacement but there is still potential for abuse and death by overdose. Piedmont Community Service does not prescribe methadone, only a special treatment program can administer and control those doses. The closest methadone clinic to her knowledge is in Brosville in Pittsylvania County. Clark shared locations of residential facilities in Martinsville. Buckman explained that the trend is more towards community-based services and discussed the Assertive Community Treatment Plan and emergency services. Clark summarized prevention services provided by PCS. Council Member Martin recommended that they provide training on the Safe Talk Program with local barbers since they work closely and often with residents in the community. November 15, 2022 Council Meeting Hear a presentation of a Citywide Housing Assessment Study recently completed by Summit Design & Engineering – Community Development Director Mark McCaskill summarized the need for the study which could help the City qualify for future community block grants and briefly explained how the study was completed. Michael Staper and Noah Foster of Summit Design & Engineering Zoomed in to answer questions on the housing assessment. Mayor Lawson shared that this study identified the Southside area was in need of housing assistance and had never November 15, 2022 Council Meeting qualified for block grants in the past. The data on the Westside showed that the CBDG funding had a positive impact on that area. Council Member Turner asked why it appeared that people from out of town are investing in rental property in Martinsville. McCaskill said the study did not focus so much on the finance side of property rentals. Foster said that was not something that was studied but they did look at reasons which could be driving up the price of rentals. The report does compare demographics and minority population and other attributes. Foster said the study was tailored to the condition of the structure as observed from the right-of-way. Consider approval of the City’s purchase of property identified as 447 E. Commonwealth Boulevard – City Manager Towarnicki said the City has leased the field across from Hooker Field for many years to accommodate parking for the Mustangs games and events at that location. The property recently went up for sale without notice so the City negotiated with the property owners for a purchase price of $150,000. Staff recommends the purchase to avoid parking issues at the field noting the City could later develop the property subject to parking availability. Towarnicki explained where the funds for this purchase would come from. Council Member Turner made a motion to approve acquisition of the property and authorize the City Manager to execute appropriate documents necessary for the transaction. Vice Mayor Bowles seconded the motion with all Council Members voting in favor. Consider approval of a sewer construction contract related to the Jones Creek sewer project – City Attorney Monday explained that since this decision would involve grant funds and Council Member Martin is employed with the Department Environmental Quality, Martin would be unable to participate in the discussion or vote on the project. City Manager Towarnicki explained the need for sewer construction and detailed a similar project completed previously in the City. There are areas where the pipe is leaking and other areas that need repair. The initial project assessment was in the $3.7million range and the City received a $3M EDA grant to cover most of that. However, after issues with the railroad which caused delays and supply chain issues, inflation, and COVID, when bids came in October 14 construction costs had increased to over $5.2million. It is the City’s intent to apply for grant funding from the DEQ to cover the shortfall however, the grant would not be awarded until February or March 2023. The City would cover the shortfall by using water and sewer funds so that the contract can be executed before any additional price increases. The project bid has exceeded the EDA grant and what the City anticipated. Staff recommends awarding the contract. Council Member Turner asked if the Henry County PSA would be obligated to pay for part of the repairs and asked where the City’s lawsuit stands against the PSA. Towarnicki said that Henry County could potentially be partly responsible since they use the lines. Monday said there is an active lawsuit against Henry County, however that case was put on hold during the time the City was negotiating with the County for reversion and was reactivated when the County reneged on their agreement. Turner asked why the City doesn’t charge the county each month. Monday said if the County is not going to pay, then they won’t pay regardless if they are sent a monthly bill. Monday November 15, 2022 Council Meeting recommended that it be discussed at a future council meeting and that the City could potentially have a claim against the county for part of those repairs. Towarnicki said there are actually two other interceptors that could need repair soon including Doe Run and the Industrial Park and they are looking at VRA financing for those. The total to repair all locations could be in the $10- $15 million range. The other two locations would be almost entirely City use. The Smith River Interceptor was $18million and luckily, the City has been able to obtain financing to get through the repairs. The motion was made by Council Member Turner to approve the contract related to the Jones Creek project, Vice Mayor Bowles seconded the motion with 4 Council Members voting in favor; Council Member Martin abstaining. Consider information related to the City proposed 2023 Legislative Agenda – City Attorney Monday encouraged Council to share any updates that they would like including Pearson’s request that the state further amend both the time period and the percentages based on property values for being able to sell properties; Monday said he would not get his hopes up too high since this was discussed two sessions ago. Monday explained that the historical markers requested by Vice Mayor Bowles would not really be a legislative agenda topic but the City can pursue those. Mayor Lawson requested proper funding of the Public Defender’s office be added. Council Member Martin asked if there could be anything done in relation to the City’s overabundance of cats. Monday explained that Council has the authority to regulate cats and could impose a leash law, collar and license requirements. Bowles questioned derelict properties and the verbiage. Monday stated he will have information on that bill at the December meeting. Turner recommended that the new elected Council Members be involved in Legislative Agenda decisions. November 15, 2022 Council Meeting Consider information related to the 2023 Comprehensive Economic Development Strategy (CEDS) list – Community Development Director Mark McCaskill said they had not heard from West Piedmont Planning so he was unsure of the deadline for the final list but it’s typically early November 15, 2022 Council Meeting to mid-January. He can make notes of any changes Council would like and encouraged them to email him with their requests. The CEDS list will be on the next Council meeting agenda and possibly again in January. Council Member Martin asked why the delay on the parks and using ARPA funds. Mayor Lawson explained there is a grant for the parks. McCaskill confirmed that there is a separate USDA grant and a consultant would be hired to do a vision process of the parks throughout the communities. Lawson asked Towarnicki to send the previous year’s CEDS and Legislative Agenda to new Council Members Jones and Rawls. This information is on the City’s website; anyone can provide input including City residents. November 15, 2022 Council Meeting Consider approval of the consent agenda – Vice Mayor Bowles made a motion to approve the consent agenda as presented. Council Member Martin seconded the motion with all Council Members voting in favor. Business from the Floor – Aaron Rawls, 318 Brown Street said that it would be “neat to explore” adding a charter change to the Legislative Agenda so that any attempt to change the November 15, 2022 Council Meeting structure of the City government, such as reversion would require a referendum. Rawls has sent a request asking Council Members to not allocate any new contracts or money until new Council Members are seated, however he pointed out that two contracts were approved tonight including the BB&T building which he has grave concerns about. He wants to ensure whatever is approved for Uptown leaves Uptown in a better spot for the future. Rawls recommends that the City talk to Uptown business owners and encourages the media to speak to those residents who have moved here recently, ask who has moved them here and for what purpose. He requests that all local media get involved. While he supports Uptown Partnership, he explained that we are at odds for what we are trying to achieve. If Martinsville Uptown is going to be the epicenter for substance abuse recovery, homelessness, and drug abuse yet we are trying to build a vibrant commercial business district, then both will fail. Comments by City Council – Council Member Turner wished residents a happy Thanksgiving. Council Member Pearson also wished residents a happy Thanksgiving and encouraged everyone to attend the Christmas parade on November 19. Residents can visit Martinsville.com to see other events going on in the City; Pearson stated that there are many holiday events for residents to enjoy. Council Member Martin wished residents a happy Thanksgiving and encourages them to attend local events. Vice Mayor Bowles wished residents a happy Thanksgiving also and congratulated new Council Members LC Jones and Aaron Rawls. Bowles asked resident to pray for those affected by the recent student shootings at UVA. Mayor Lawson shared that yesterday was the start of the campaign where residents can go by the EDC office to get free vouchers for dining in Uptown restaurants. Lawson recognized Nubby Coleman for being inducted into the Realtor Hall of Fame. Lawson shared that the Winterfest event is Saturday December 3 uptown followed by the tree lighting at the City Municipal building. Lawson attended the Community Foundations meeting a few weeks ago and at her table they had envelopes with three grant requests; her table chose the Southern Area Agency on Aging fuel oil assistance program. Lawson made a motion to donate $1,000 to SAAA earmarked for fuel oil assistance for the senior citizens in Martinsville using the City’s general funds. Council Member Turner seconded the motion. Martin asked if ARPA funds could be used for this also. Four Council Members voted in favor, however Vice Mayor Bowles had stepped out of the room prior to the vote. Lawson shared that the Police Department has a box in the Municipal Building lobby for drug drop off any day of the week. Most drug stores have drug boxes also. Lawson asked residents to be thankful, stating that this is the season where we should appreciate others. Comments by City Manager – Towarnicki said with the CARES money coming in, the City made several substantial donations to organizations that help with water/sewer bills and other needs. The City jumps in anytime something like this comes down the pipeline. Towarnicki said the program works through the Utility Billing department who identify those residents who are in need and are delinquent on paying their bills. The Five Points project just closed on the November 15, 2022 Council Meeting fourth house with serious interest in the fifth house. There is ongoing conversation about the next phase of this project. The Municipal Building will be closed half-day Wednesday, then all day Thursday and Friday for the Thanksgiving holiday. Garbage pickup will be on regular schedule except Thursday which will be picked up on Friday. Council reconvened to closed session at 9:00pm. 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 Turner; seconded by Bowles with the following 5-0 recorded vote in favor to return to Open Session: Council Member Turner, aye; Council Member Pearson, aye; Vice Mayor Bowles, aye; Mayor Lawson, aye; and Council Member Martin, aye. Regarding item (A) Personnel discussions, a motion was made by Vice Mayor Bowles and seconded by Council Member Martin to make certain modifications to the City Attorney’s employment contract. It was noted most of the modifications were simply “clean-up” of outdated information, but also revisions regarding severance compensation. The motion passed on a 4–1 vote with Lawson, Bowles, Martin and Turner voting in favor and Pearson casting the dissenting vote. A motion was then made by Council Member Pearson and seconded by Council Member Martin to make modifications to the City Manager’s employment contract specifically related to severance pay provisions to bring the contract more in line with that of the School Superintendent. The motion passed on a 4–1 vote with Lawson, Bowles, Pearson and Martin voting in favor and Turner casting the dissenting vote. No action was taken on item (B) Investment of public funds. With no further business, Vice Mayor Bowles made a motion to adjourn at 9:40pm. ______________________________________ ______________________________________ Karen Roberts, Clerk of Council Kathy Lawson, Mayor