City Council

AGENDA--CITY COUNCIL CITY OF MARTINSVILLE, VIRGINIA Council Chambers – Municipal Building 6:30pm Closed Session 7:00pm Regular Session Tuesday July 11, 2023 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. Appointment to Boards and Commissions as authorized by Subsection 1. 7:00 pm - Regular Session Pledge to the American Flag and Invocation by Council Member Lawson 1. Approve minutes from June 26, 2023 Closed Session, June 27, 2023 Council Meeting, and the June 29, 2023 Work Session. (5 mins) 2. Conduct a joint public hearing with the Planning Commission regarding the abandonment of an unopened approximate 30- foot wide street space located at 1126 Rives Road. (10 mins) 3. Consider action as the Land Bank Authority and City Council in support of a development project to be located on the western half of the Armory property. (15 mins) 4. Hear an update from Patrick & Henry Community College. (10 mins) 5. Hear an update from Brenell Thomas of the M-HC Chamber of Commerce regarding activities of the Chamber and the City/C-PEG Small Business Development contract. (10 mins) 6. Consider setting a public hearing for the sale property located at 605 4th Street, formerly known as the Martinsville Housing Office, to Piedmont Community Services. (5 mins) 7. Consider approval on second reading Ordinance 2023-1 amending Section 21-103 of the Martinsville City Code to reflect an increase in the cigarette tax from $0.30 per pack, to $0.40 per pack effective September 1, 2023. (5 mins) 8. Consider approval on second reading Ordinance 2023-2 amending Section 21-117 of the Martinsville City Code to reflect an increase in the transient lodging tax from two (2) percent to seven (7) percent effective September 1, 2023. (5 mins) 9. 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 July 10, 2023. 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. 10. Comments by members of City Council. (5 mins) 11. Comments by City Manager. (5 mins)  City Council Agenda Summary Meeting Date: July 11, 2023 Item No: 1. Department: Clerk of Council Issue: Consider approval of minutes Summary: None Attachments: June 26, 2023 Closed Session June 27, 2023 Council Meeting June 29, 2023 Work Session Recommendations: Motion to approve minutes as presented.  City Council Agenda Summary Meeting Date: July 11, 2023 Item No: 2. Department: Community Development Issue: Conduct a joint public hearing with the Planning Commission regarding the abandonment of an unopened approximate 30- foot wide street space located at 1126 Rives Road. Summary: The owner of the property located at 1126 Rives Road has submitted an application requesting the City to abandon an approximate 30-foot wide unopened street space that is completely surrounded by the owner’s property. The space has never been used for any public purpose nor is any such use contemplated. Forest Lake Drive was constructed parallel to and approximately 75 feet to the southwest of the street space in question. To simplify the process, a joint public hearing will be held with the Planning Commission on the requested abandonment. Attachments: Staff report dated June 14, 2023 to the Planning Commission regarding the requested abandonment. Recommendations: Mayor asks Planning Commission Chairman to call the Planning Commission to order; Mayor then opens the joint Council/Planning Commission public hearing; public hearing is conducted and comments received; Mayor closes the public hearing and request Planning Commission chairman for the recommendation of the Planning Commission; and after hearing the Planning Commission’s recommendation Council deliberates and renders a decision on the requested abandonment. (motion, second, voice vote) Staff recommends that the requested abandonment be approved contingent on the property owner providing an acceptable survey plat meeting City requirements within 6 months of the abandonment approval date. Failure to comply will result in the abandonment actions becoming null & void.  Memorandum Date: June 14, 2023 To: City of Martinsville Planning Commission CC: Kris Bridges, Zoning Administrator/Building Official From: Hannah L. Powell, Community Development Specialist RE: Request for street abandonment – 1126 Rives Road Brenda Souther, owner of property located at 1126 Rives Road, has submitted an application requesting the city to abandon an approximate thirty (30) foot easement that intersects her property along the driveway. The home was built and driveway established in 1963 and the easement has served no purpose in that time period. The owner of 1126 Rives Road is also the owner of all properties adjacent to this property and the easement. The abandonment of streets, alleyways, or easements are a request that require review and approval of the Planning Commission and City Council, as it will change the city’s adopted Comprehensive Plan. The review by the Planning Commission and City Council is to determine the request’s compatibility with the City’s Comprehensive Plan, Zoning Ordinance, and any other potential plans for development. A public hearing must be held before Planning Commission and City Council prior to this request being approved. Staff is anticipating a joint hearing during Council’s regularly scheduled meeting of July 11, 2023. A motion and approval from the Planning Commission must be obtained approving a joint public hearing with City Council before it can be scheduled and advertised. Please feel free to contact me with any questions or concerns at hpowell@ci.martinsville.va.us or 276-403-5156. Attachments: Staff Recommendation & Suggested Motions Department of Community Development, 55 W. Church Street Martinsville VA 24112, 276-403-5156 STAFF RECOMMENDATION: Staff recommends the approval and scheduling of a joint public hearing with City Council for July 11, 2023, as well as the approval of the requested street abandonment for property located at 1126 Rives Road. SUGGESTED MOTIONS: (APPROVE) I make a motion to approve scheduling a joint public hearing with City Council for the date of July 11, 2023 to review and consider the possible abandonment of an easement on property located at 1126 Rives Road. OR (DENY) I make a motion to deny scheduling a joint public hearing with City Council for the date of July 11, 2023 to review and consider the possible abandonment of an easement on property located at 1126 Rives Road. OR (DELAY ACTION) I make a motion to delay action on this request until the Planning Commission can be provided with more information to effectively make a decision. Department of Community Development, 55 W. Church Street Martinsville VA 24112, 276-403-5156  Property Location 1126 RIVES RD EXT Map ID 61 (02 )00 /01A 01B Account # 000454800 Vision ID 7547 City of Martinsville Print Date 4/5/2023 12:35:37 AM CURRENT OWNER RECORD OF OWNERSHIP DEED BOOK SALE DATE Q/U SALE PRICE VC SOUTHER BRENDA L & SOUTHER BRENDA L & PATTERSON REBECCA L & WF202200174 04-19-2022 U 0 1 LAWSON ERMA W WF170000447 08-21-2017 U 0 1 PATTERSON REBECCA L & LAWSON JAMES E & DB 055/255 06-08-1959 U 0 0 PO BOX 159 RIDGEWAY VA 24148 ASSESSMENT EFFECTIVE 7/1/2023 LEGAL DESCRIPTION PREVIOUS ASSESSMENTS EFFECTIVE JULY 1st OF ASSESSMENT YEAR Description Code Appraised Assessed 1 & 0.141 ACRE Year Code Assessed Year Code Assessed Year Code Assessed Building 100 64000 64,000 2022 100 100 100 77400 2021 77400 2020 77400 Land 100 12000 12,000 BLDG DESCRIPTION 100 100 100 Outbldg 100 38900 38,900 100 12000 100 12000 100 12000 Total 114,900 114,900 1 ST BR Total 89400 Total 89400 Total 89400 SUPPLEMENTAL DATA BUILDING SUB-AREA SUMMARY SECTION COST / MARKET VALUATION SUB Description LIVING GROSS EFF AREA Unit C Undeprec Val Base Rate 79.00 # Of Parcels 2 Year Built 1963 131,133 Rcn Plat Ref Classification 01:Single Family- 1ST 1st Floor 1,374 1,374 1,374 83.38 114,566 Net Other Adj 16,567 Land Acres 0.804 Zoning R-N CPT Carport 0 392 0 0.00 0 AYB 1963 Land SF 35,022 Prop Use 01:Residential PAT Patio 0 120 0 0.00 0 Effective Year Built 1964 Assoc. Parcel District 71B3:Rives Rd Ext 1 POP Open Porch 0 120 0 0.00 0 P Condition Remodel Rating CONSTRUCTION DETAIL Year Remodeled Element Cd Description Eyb Dpr 52 Style 01 Residential Functional Obsol Model 01 Residential Economic Obsol Grade C-5 AVERAGE - 5% Ttl Gross Liv / Lease Area 1,374 2,006 1,374 Cost Trend Factor 1 Stories 1.00 OB - OUTBUILDING & YARD ITEMS(L) / EF - BUILDING EXTRA FEATURES(B) Adjustment Foundation Typ 04 C/B Code Description La Size Rate % Dep Qu Adj Apprais Val Percent Exterior Wall 1 11 BRICK 079 OB-HOUSE L 784 57.00 20 1.00 0.00 8,900 Percent Good 48 Roof Structure 022 OB-BUILDING L 346 20.00 52 1.00 0.00 3,600 RCNLD 62,900 Roof Cover 03 COMPOSITE SHINGLE 101 OB-POOL L 1 2500.00 100 1.00 0.00 2,500 % Good Ovrd Interior Wall 1 02 PLASTER 071 OB-GARAGE L 400 30.00 52 1.00 0.00 6,200 % Good Ovrd Comment Interior Floor 1 05 HARDWOOD 071 OB-GARAGE L 660 30.00 52 1.00 0.00 10,300 Misc Imp Ovr Exterior Cond 03 Good 071 OB-GARAGE L 360 30.00 52 1.00 0.00 5,600 Misc Imp Ovr Comment Central Heat 00 No 090 OB-MISC BLDG L 3 300.00 100 1.00 0.00 900 Cost to Cure Ovr Central AC 01 Yes 035 OB-CARPORT PREFAB 1 CAR L 1 900.00 100 1.00 0.00 900 Cost to Cure Ovr Comm. Bedrooms 0 163 EF-FIREPLACE B 1 2300.00 48 1.00 15 1.00 1,100 Total Rooms 6 Full Baths 1 Half Baths 1 Chimneys 1 Fireplaces 1 Exterior Wall 2 Interior Wall 2 Sketch Factor 01 Use Effective Area Basement Type 00 NONE Living Area 1374.00 Split Foyer 00 No Split Level 00 No PROPERTY FACTORS PUB WATE UG UTILITI TOPO SIDEWALK Y Yes N No N No N No PUB SEWE CURB & GU SOIL Y Yes N No N No SEPTIC VIEW LOCATION N No N No N No 1126 Rives Road  City Council Agenda Summary Date: July 11, 2023 Item No: 3. Department: City Manager Issue: Consider action as the Land Bank Authority and City Council in support of a development project to be located on the western half of the Armory property. Summary: Last October, the property located at 315 W. Commonwealth Boulevard formerly used as the Armory was deeded to the City after the property was declared as surplus by the state. A number of inquiries have been made since that time regarding potential use of the property and this past April, a request for proposals was issued seeking development options. Several proposals were received and after review, the recommendation is being made to proceed with a proposal from Kayak Hotels, LLC for development of the western half of the property (formerly used as the Armory motor pool lot). The western half consists of approximately 3.5 acres and appears to be well-suited for the proposed hotel development. A draft development agreement is being prepared but there remains a number of minor issues to resolve that may take additional time, and in the interest of moving forward and providing a commitment to the proposed developer to allow him to proceed with the due diligence aspect of the project, two resolutions are attached for action by both the Land Bank Authority (listed as owner of the property) and City Council. At Council’s meeting on July 11, a representative of Kayak Hotels, LLC will present information on the proposed project. Attachments: Resolutions – one for action by the Land Bank Authority, and one for action by Council. Recommendations: After discussion, recess as City Council and convene as the Martinsville Land Bank Housing Authority (motion, second, voice vote); consider approval of Resolution (motion, second, voice vote); recess as the Land Bank Authority and reconvene as Martinsville City Council (motion, second, voice vote); and Council approve the Council resolution (motion, second, voice vote).  Council Members City Manager LC Jones, Mayor Leon E. Towarnicki Aaron Rawls, Vice-Mayor Clerk of Council Kathy Lawson Karen Roberts Lawrence Mitchell Tammy Pearson RESOLUTION OF THE CITY OF MARTINSVILLE LAND BANK AUTHORITY IN SUPPORT OF HOTEL PROJECT WHEREAS, the City of Martinsville Land Bank Authority (the "Land Bank Authority") owns certain real property in the City of Martinsville, known as the former National Guard Armory property, and has received and reviewed a proposal and additional information from Kayak Hotels, LLC (the "LLC") for development of the western portion of said property as a hotel (the "Hotel Project"); WHEREAS, the Land Bank Authority desires to support the development of the Hotel Project for the benefit of the City of Martinsville and has engaged in discussions with the LLC regarding a contract of sale for conveyance of the Hotel Project property to the LLC for development of the Hotel Project (the "Contract of Sale"); WHEREAS, the City of Martinsville has agreed to provide the Land Bank Authority with staffing from City employees and representatives to further the purposes of the Land Bank Authority. NOW THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE LAND BANK AUTHORITY: 1. The City Manager and other staff provided to the Authority are directed and authorized to negotiate the terms of a Contract of Sale for the Hotel Project subject to final Land Bank Authority approval and to take all reasonable actions to support the LLC regarding Hotel Project development. 2. This Resolution shall take effect immediately. Attest: _____________________________ Karen Roberts, Clerk of Council Date of Adoption: July 11, 2023. 55 West Church Street, P. O. Box 1112, Martinsville, VA 24114-1112 276-403-5180 Fax: 276-403-5280 www.martinsville-va.gov  Council Members City Manager LC Jones, Mayor Leon E. Towarnicki Aaron Rawls, Vice-Mayor Clerk of Council Kathy Lawson Karen Roberts Lawrence Mitchell Tammy Pearson RESOLUTION OF THE CITY OF MARTINSVILLE CITY COUNCIL IN SUPPORT OF HOTEL PROJECT WHEREAS, the City of Martinsville Land Bank Authority (the "Land Bank Authority") owns certain real property in the City of Martinsville, known as the former National Guard Armory property, has received and reviewed a proposal and additional information from Kayak Hotels, LLC (the "LLC") for development of the western portion of said property as a hotel (the "Hotel Project"), and has adopted a resolution in support of the proposed development of the Hotel Project. WHEREAS, the City Council (the "City Council") of the City of Martinsville, Virginia finds that development of the Hotel Project would benefit the City of Martinsville and its citizens, and has engaged in discussions with the LLC regarding a development agreement to support for development of the Hotel Project (the "Development Agreement"); WHEREAS, the City Council has agreed to provide the Land Bank Authority with staffing from City employees and representatives to further the purposes of the Land Bank Authority. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARTINSVILLE: 1. The City Manager and other City staff and representatives are directed and authorized to negotiate the terms of a Development Agreement for the Hotel Project subject to final City Council approval and to take all reasonable actions to support the LLC regarding Hotel Project development. 2. This Resolution shall take effect immediately. Attest: _____________________________ Karen Roberts, Clerk of Council Date of Adoption: July 11, 2023. 55 West Church Street, P. O. Box 1112, Martinsville, VA 24114-1112 276-403-5180 Fax: 276-403-5280 www.martinsville-va.gov  City Council Agenda Summary Date: July 11, 2023 Item No: 4. Department: City Manager Issue: Hear an update from Patrick & Henry Community College. Summary: Patrick & Henry Community College President Dr. Greg Hodges will attend Council’s meeting on July 11th and provide a brief update on operations at P & HCC as well as answer questions related to the functions and responsibilities of the Board of Directors Attachments: None. Information will be presented at the meeting. Recommendations: No action needed – presented for information purposes.  City Council Agenda Summary Date: July 11, 2023 Item No: 5. Department: City Manager Issue: Hear an update from Brenell Thomas of the M-HC Chamber of Commerce regarding activities of the Chamber and the City/C-PEG Small Business Development contract. Summary: Information will be provided regarding activities related to the City/C-PEG Small Business Development contract, West Piedmont Business Development Center (incubator), the Farmer’s Market, and other issues. Attachments: None Recommendations: No action needed - presented for information purposes only.  City Council Agenda Summary Meeting Date: July 11, 2023 Item No: 6. Department: City Council Issue: Consider setting a public hearing for the sale property located at 605 4 Street, formerly known as the Martinsville Housing Office, to Piedmont th Community Services. Summary: In May, 2018, the City entered into a lease with Piedmont Community Services for use of the building and property located at 605 4th Street, as PCS was looking for space to expand their operations. A provision in the lease stipulates that PCS can exercise an option to acquire the property with lease payments over time accruing toward the sales price less major capital expenses incurred by the Lessor (City). The City has had the property professionally appraised and the value is determined to be $165,000. Following the methodology outlined in the lease, the net sale price to PCS will be $86,780.86, calculated by subtracting lease payments by PCS through June of $81,398.67 less maintenance costs of $3,179.33, from $165,000. Since this location is used as a voting precinct, the sale will be contingent on the property continuing to be used for that purpose. Section 15.2-1800(B) of the Code of Virginia requires that a public hearing be held prior to the disposal of such property. Attachments: Copy of lease Recommendations: Set the public hearing for July 25, 2023.  LEASE This Lease with option to purchase is made this 3! day of May, 2018, by and between Piedmont Community Services, Inc. a Virginia nonstock, nonprofit corporation of Martinsville, Virginia, referred to herein as " Lessee", and the City of Martinsville, a Virginia municipal corporation of Martinsville, Virginia, referred to herein as " Lessor". WITNESSETH: WHEREAS, Lessor is the owner of a certain parcel or tract of land in the City of Martinsville, located at 605 Fourth Street, and the City of Martinsville desires to lease same with option for purchase, at the end of one year of renting with the mutual promises of the parties and the consideration and covenants set out herein, it is agreed as follows: 1. Premises: The subject premise is that certain tract located in the City of Martinsville known as 605 Fourth Street, Martinsville, Virginia. Specifically excluded is the playground located within the curtilage of the premises, which is not owned by Lessor. 2. Term: The initial term of this Lease shall be thirteen ( 13) months commencing on June 1, 2018 and ending June 30, 2019. This Lease shall automatically renew for additional one 1) year renewal terms unless notice of intention to not renew is delivered by either party to the other at least 90 days in advance of the end of the term. 3. Rent: The rent for the subject premises shall be ONE THOUSAND FIVE HUNDRED Dollars ($ 1, 500. 00) per month, payable on the first of each month and beginning with the month of June, 2018. Lessee shall enjoy an option to purchase subject premises upon 90 days notice to Lessor; the purchase price shall be the then appraised value of the premises. The appraisal shall be conducted by a licensed appraiser selected by mutual agreement of the parties, with the cost of such appraisal shared equally by the parties. In the event Lessee determines that such appraised value is excessive, it shall have the option to terminate its obligation to purchase the property with no further obligations to Lessor. Any lease payments tendered by Lessee to Lessor prior to the exercise of said option, less major capital expenses incurred by the Lessor related to occupancy of the premises, shall be applied to the purchase price. Lessee shall bear the cost for all utility services to the premises. Lessee may be given credit toward lease payments at Lessor' s discretion, for any improvement costs incurred by Lessee, upon submission of receipts for Lessor' s review and approval. 4. Maintenance: Maintenance, security and repair of the subject premises is solely and exclusively the duty and responsibility of Lessee, which accepts the subject premises " as is." Lessor shall have no duty of any kind to either improve or maintain the premises with the exception of maintenance repairs to the roof, structural integrity, or utility systems of the structure located upon the premises. Prior to erecting any partition walls within said structure or signage upon said structure, Lessee shall obtain prior written approval of Lessor, which shall not be unreasonably withheld. 5. Use as Polling Site: During the initial and any renewal terms of this lease, Lessee acknowledges Lessor may continue to use the.premises as a poling site. Lessee shall, for the day preceding, the day of and the day following any general, special, or primary election— vacate such portion of the premises as may be reasonably necessary for the conduct of such election and shall allow access thereto by the general public and the General Registrar of the City of Martinsville, her agents, employees and assigns. To the extent any disagreement between Lessee and Lessor as to which portions of the premises are reasonably necessary for the conduct and any such election, the reasonable decision of the General Registrar shall govern.  6. Liability and Indemnity: Lessee agrees to maintain liability coverage on the premises and to be solely and exclusively responsible for-any and all liability arising out of or from the use of the subject premises for any incident or accident during the term of this Lease, but this language is not to be construed as relieving any person who suffers either property damage or personal injury arising out of or from the use of the subject premises from proving a case of liability against Lessee. Lessee shall defend, indemnify and hold Lessor harmless for any claim of any kind or nature relating to the subject premises during the term of this Lease. Lessor-- shall maintain casualty coverage on the premises; Lessee shall be responsible for casualty coverage on Lessee' s personalty located upon the premises; Lessor shall bear no responsibility for loss or damage to any such personalty under any circumstances. 7. Complete Agreement: This document contains the entire agreement of the parties and may amended only by a written document signed by all parties. LESSEE: a CS 6xect 4 O,, LDeec Ln LESSOR: THE CITY OF MARTINSVILLE By: 8-CtJ& AM % C dl01. 1 2Y  City Council Agenda Summary Date: July 11, 2023 Item No: 7. Department: City Manager Issue: Consider approval on second reading Ordinance 2023-1 amending Section 21-103 of the Martinsville City Code to reflect an increase in the cigarette tax from $0.30 per pack, to $0.40 per pack effective September 1, 2023. Summary: During review of the FY24 City budget, Council voted to increase the cigarette tax from $0.30 per pack to $0.40 per pack. It was noted that due to the logistics of implementing the tax change, the effective date will need to be September 1, 2023 at the earliest. Attachments: Ordinance 2023-1 Recommendations: Approval on second reading, with roll call vote.  City of Martinsville, Virginia Ordinance No. 2023-1 BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in Regular Session held on July 11, 2023, that Section 21-103 of the Code of the City of Martinsville be, and is hereby amended to read as follows: Sec. 21-103. Tax levied. There is hereby levied and imposed by the city upon each and every sale of cigarettes after midnight of August 31, 2023, a tax equivalent to forty cents ($0.40) for each pack of cigarettes sold within the city. The amount of such tax shall be paid by the seller, if not previously paid, in the manner and at the time provided for in this article. ********* Attest: ________________________________ Karen Roberts, Clerk of Council July 11, 2023 September 1, 2023 Date Adopted Date Effective  City Council Agenda Summary Date: July 11, 2023 Item No: 8. Department: City Manager Issue: Consider approval on second reading Ordinance 2023-2 amending Section 21-117 of the Martinsville City Code to reflect an increase in the transient lodging tax from two (2) percent to seven (7) percent effective September 1, 2023. Summary: During review of the FY24 City budget, Council voted to increase the lodging tax from 2% to 7%. It was noted that due to the logistics of implementing the tax change, the effective date will need to be September 1, 2023 at the earliest. Attachments: Ordinance 2023-2 Recommendations: Approval on second reading, with roll call vote.  City of Martinsville, Virginia Ordinance No. 2023-2 BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in Regular Session held on July 11, 2023, that Section 21-117 of the Code of the City of Martinsville be, and is hereby amended to read as follows: Sec. 21-117. – Levy of tax. There is hereby levied and imposed on each transient a tax equivalent to seven (7) percent of the total amount paid for lodging after midnight of August 31, 2023, by or for any such transient, to any hotel. ********* Attest: ________________________________ Karen Roberts, Clerk of Council July 11, 2023 September 1, 2023 Date Adopted Date Effective