City Council

AGENDA--CITY COUNCIL CITY OF MARTINSVILLE, VIRGINIA Council Chambers – Municipal Building 6:30pm CLOSED Session 7:00pm Special Session Wednesday October 4, 2023 6:30 pm – CLOSED SESSION 1. 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, consideration, or interviews of prospective candidates for employment; assignment, or appointment, as authorized by Subsection 1 B. Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining or negotiating strategy of the public body, as authorized by Subsection 3. 7:00 pm - Special Session Pledge to the American Flag and Invocation by Council Member Lawson 1. Approval of a resolution to appoint and provide correct terms of office for Directors of the Industrial Development Authority. (5 mins) 2. Presentation to Council and consideration to approve funds for the Warming Center. (10 mins) 3. Consider approval on second reading Ordinance 2023-3 amending Section46.2-882.1 of the Martinsville City Code to install and operate photo speed monitoring devices within the boundaries of the City of Martinsville Virginia in school crossing zones for the purposes of recording violations of Cod of Virginia46.2-873. (10 mins) 4. Presentation for Council concerning the Martinsville Middle School Generator and consider approval of funds. (10 mins) 5. Request to Purchase Side by Side with Capital Savings. (10 mins) 6. We received a $25K PUP Grant from the Harvest foundation for the renovation of the Spruce St. Tennis Courts into a combined Tennis and Pickleball Court and consider approval of additional funds form ARPA. (10 mins) 7. 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 Tuesday October 3, 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. 8. Comments by members of City Council. (5 mins) 9. Comments by City Manager. (5 mins)  City Council Agenda Summary Meeting Date: October 4, 2023 Item No: 1. Department: City Council Issue: Approval of a resolution to appoint and provide correct terms of office for Directors of the Industrial Development Authority. Summary: None Attachments: Resolution Recommendations: Motion to approve the resolution listing the appointed directors for the initial terms set forth. (motion, second, and roll call vote)  A RESOLUTION OF THE MARTINSVILLE CITY COUNCIL TO APPOINT AND PROVIDE CORRECT TERMS OF OFFICE FOR DIRECTORS OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF MARTINSVILLE, VIRGINIA WHEREAS, the City Council (the “Council”) of the City of Martinsville, Virginia (the “City”) by ordinance adopted on April 11, 1972 created and named the Industrial Development Authority of the City of Martinsville, Virginia (the "Authority") under the Virginia Industrial Development and Revenue Bond Act (the "Act"); and WHEREAS, in accordance with the requirements of Section 15.2-4904 of the Act, the Authority is to governed by a board consisting of seven directors and the terms of office of the directors of the Authority are to be established as two directors having initial terms of one year, two directors having initial terms of two years, two directors having initial terms of three years and one director having an initial term of four years, and thereafter each director is to have term of four years; and WHEREAS, in accordance with Section 15.2-4920 of the Act the Council may appoint directors of the Authority and correct the terms of directors of the Authority to comply with the requirements of the Act for staggered terms of office. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Martinsville City that: 1. The following persons are hereby appointed directors of the Authority for the initial terms set forth below, and thereafter such terms shall be for a period of four years, to begin on the effective date of this Resolution, and until their successors shall have been appointed and qualified: Name of Director Term _______________ 09/26/2023 to 09/25/2024 _______________ 09/26/2023 to 09/25/2024 _______________ 09/26/2023 to 09/25/2025 _______________ 09/26/2023 to 09/25/2025 _______________ 09/26/2023 to 09/25/2026 _______________ 09/26/2023 to 09/25/2026 _______________ 09/26/2023 to 09/25/2027 2. In accordance with Section 15.2-4904 of the Act, (a) the directors of the Authority appointed by this Resolution shall each before entering upon his or her duties take and subscribe to the oath of office prescribed by Virginia Code Section 49-1, (b) the persons so appointed as directors are each a resident of the City of Martinsville or a an adjoining locality and (c) none of the persons so appointed as directors of the Authority are officers or employees of the City.  3. To the extent that this resolution is inconsistent with any resolution previously adopted by the Council, this resolution shall supersede and be controlling over such previously adopted resolution. 4. This resolution shall take effect on the date of its final adoption, which is ______________, 2023. The foregoing Resolution was duly adopted at a regular meeting of Council on ___________, 2023, the roll call vote being as follows: Ayes Nays Absent Abstentions CERTIFICATE The undersigned Clerk of the City of Martinsville, Virginia hereby certifies that the foregoing constitutes a true and correct extract from the minutes of an open meeting of the Council held on ____________, 2023, and of the whole thereof so far as applicable to the matters referred to in such extract. The undersigned further certifies that such meeting was a regularly called meeting and that, during the consideration of the foregoing resolution, a quorum was present. Dated this ____ day of ________, 2023. ________________________________________ City Clerk, City of Martinsville, Virginia 2  City Council Agenda Summary Meeting Date: October 4, 2023 Item No: 2. Department: City Manager Issue: Warming Center Fiscal Agent and Operations Summary: Presentation to Council and consideration to approve funds for the Warming Center. The Council requested the Emergency Housing Commission clarify the following issues before they award funds. 1. Scope of services 2. Hours and conditions of operation 3. Admissions criteria 4. Staffing model 5. Fiscal agent determination 6. Budget request from the city and the allocation of these resources 7. Schedule of reporting to the Commission on key performance and operational metrics Attachments: Summary.FiscalAgentandOperations.9.26.23 Recommendations: The Council commits $35K in ARPA funding to West Piedmont Better Housing Coalition as the Fiscal Agent to operate the Martinsville Henry County (MHC) Warming Center (WC).  Summary Document: Funding Proposal for the Martinsville – Henry County Warming Center, 2023 – 2024 Winter Season Prepared for Martinsville City Council, September 26, 2023 Prepared by: City of Martinsville Emergency Housing and Community Support Commission Ariel Johnson, MHC WC, Director, WPBHC Board Craig McCroskey, MHC WC Startup Task Force, WPBHC Board Scope of Services: The Martinsville Henry County (“MHC”) Warming Center (“WC”) will operate again this year to provide temperature- dependent essential overnight accommodations to unhoused in our communities. This overnight center provides individuals with a hot dinner and breakfast, a place to rest and recuperate and an access point to additional community services which can assist them in obtaining stability and health. Operations: • Forecasted temperatures below 40 degrees Fahrenheit • Hours of operation: 7pm to 8 am o Guest intake: 7 pm to 9 pm (exceptions made for public safety officials who present guests after 9 pm) o Guest departure: 8 am (may be extended in inclement weather if staffing and other conditions met) • Admissions criteria: o Open to unhoused individuals o No weapons are allowed and drug and alcohol use is forbidden o Registration in the Homeless Information Management System (HIMS) as required by HUD o Any violations of these admission criteria are addressed with standing protocols • Staffing: o Three paid staff:  Center director (full time)  Two coordinators (part time) o Responsibilities (including but not limited to):  Ensuring volunteer staffing (two volunteers each for intake hours and overnight supervision)  Securing dinner and breakfast resources  Oversight of intake procedures as required by HUD (see above)  Determine how to provide assistance to guests from outside MHC to return to their location of origin within five (5) business days • Fiscal agent: West Piedmont Better Housing Coalition (“WPBHC”) – The MHC WC will operate as a separate project under the auspices of the WPBHC, our regional Local Planning Group within the State’s Continuum of Care structure, as mandated by US Department of Housing and Urban Development (“HUD”). o Separate project accounting and banking for the MHC WC o Human resource oversight o Facility agreement with The Salvation Army • Budget Request: $35,000 in funding from the city of Martinsville o Season lease expense = $17,500 o Salary and benefits (covers one-third of this line item) = $9100 o Client services (transportation, laundry, etc.) = $3800 o Food and beverage expense = $4600 The Warming Center will report financial status as of December 31, 2023 (available by January 19, 2024) and through the end of the season available by April 30, 2024. Additionally, the Center will provide monthly reports on any individuals served from outside the MHC area and how these people were assisted to obtain housing support and identify any trends.  City Council Agenda Summary Date: October 4, 2023 Item No: 3. Department: City Manager Issue: Consider approval on second reading Ordinance 2023-3 amending Section 46.2-882.1 of the Martinsville City Code to install and operate photo speed monitoring devices within the boundaries of the City of Martinsville VA, in school crossing zones for the purposes of recording violations of Code of Virginia 46.2-873 Summary: Attachments: Ordinance 2023-3 Recommendations: Approval on second reading, with roll call vote.  MARTINSVILLE VIRGINIA PROPOSED CITY ORDINANCE No. 2023-3 CAMERA SPEED MONITORING AND ENFORCEMENT IN SCHOOL ZONES ORDINANCE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MARTINSVILLE, VIRGINIA: This Ordinance is adopted pursuant to the authority of Virginia Code Annotated §46.2- 882.1, as amended. (a) For purposes of this section, "Photo speed monitoring device" means equipment that uses radar or LIDAR-based speed detection and produces one or more photographs, microphotographs, videotapes, or other recorded images of vehicles. "School crossing zone" has the same meaning ascribed to it in Code of Virginia, § 46.2-873. (b) The Martinsville Virginia Police Department may install and operate photo speed monitoring devices, within the boundaries of City of Martinsville VA, in school crossing zones for the purposes of recording violations of Code of Virginia, § 46.2-873. (c) The operator of a vehicle shall be liable for a monetary civil penalty imposed pursuant to this section if such vehicle is found, as evidenced by information obtained from a photo speed monitoring device, to be traveling at speeds of at least 11 miles per hour above the posted school crossing zone within such school crossing zone or highway work zone, while such zone is active. Such civil penalties shall be $100.00. Any prosecution under this section shall be instituted and conducted in the same manner as prosecution for traffic infractions. Civil penalties collected under this section resulting from a summons issued by the Martinsville Virginia Police Department shall be paid to City of Martinsville. (d) If a photo speed monitoring device is used, proof of a violation of Code of Virginia, § 46.2-873 shall be evidenced by information obtained from such device. A certificate, or a facsimile thereof, sworn to or affirmed by a law enforcement officer employed by the City authorized to impose penalties pursuant to this section, based upon inspection of photographs, microphotographs, videotapes, or other recorded images produced by a photo speed monitoring device, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, videotapes, or other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such violation of Code of Virginia, § 46.2- 873. (e) In the prosecution for a violation of Code of Virginia, § 46.2-873 in which a summons was issued by mail, prima facie evidence that the vehicle described in the summons issued pursuant to this section was operated in violation of Code of Page 1 of4 Virginia, § 46.2-873, together with proof that the defendant was at the time of such violation the owner, lessee, or renter of the vehicle, shall constitute in evidence a rebuttable presumption that such owner, lessee, or renter of the vehicle was the person who committed the violation. Such presumption shall be rebutted if the owner, lessee, or renter of the vehicle (i) files an affidavit by regular mail with the clerk of the general district court for the City that he was not the operator of the vehicle at the time of the alleged violation and provides the name and address of the person who was operating the vehicle at the time of the alleged violation or (ii) testifies in open court, under oath that he was not the operator of the vehicle at the time of the alleged violation and provides the name and address of the person who was operating the vehicle at the time of the alleged violation. Such presumption shall also be rebutted if a certified copy of a police report, showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation of Code of Virginia, §46.2-873, is presented, prior to the return date established on the summons issued pursuant to this section, to the general district court for the City adjudicating the alleged violation. (f) Imposition of a civil penalty pursuant to this section by mailing a summons shall not be deemed a conviction as an operator and shall not be made a part of the operating record of the person upon whom such liability is imposed, nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage. However, if a law enforcement officer employed by the City uses a photo speed monitoring device to record a violation of Code of Virginia, § 46.2-873 and personally issues a summons at the time of the violation, the conviction that results shall be made a part of such driver's driving record and used for insurance purposes in the provision of motor vehicle insurance coverage. (g) A summons for a violation of Code of Virginia, § 46.2-873 issued by mail pursuant to this section may be executed pursuant to Code of Virginia, § 19.2-76.2. Notwithstanding the provisions of Code of Virginia, § 19.2-76, a summons issued by mail pursuant to this section may be executed by mailing by first class mail a copy thereof to the address of the owner, lessee, or renter of the vehicle. In the case of a vehicle owner, the copy shall be mailed to the address contained in the records of or accessible to the Department of Motor Vehicles. In the case of a vehicle lessee or renter, the copy shall be mailed to the address contained in the records of the lessee or renter. Every such mailing shall include, in addition to the summons, a notice of (i) the summoned person's ability to rebut the presumption that he was the operator of the vehicle at the time of the alleged violation through the filing of an affidavit as provided above and (ii) instructions for filing such affidavit, including the address to which the affidavit is to be sent. If the summoned person fails to appear on the date of return set out in the summons mailed pursuant to this section, the summons shall be executed in the manner set out in Code of Virginia, § 19.2- 76.3. No proceedings for contempt or arrest of a person summoned by mailing shall be instituted for failure to appear on the return date of the summons. If the summons is issued to an owner, lessee, or renter of a vehicle with a registration outside the Commonwealth and such person fails to appear on the date of return set out in the summons mailed pursuant to this section, the summons will be eligible for all legal collections activities. Any summons executed pursuant to and for a violation of Code of Page 2 of4 Virginia, § 46.2-873 issued pursuant to this section shall provide to the person summoned at least 30 days following the mailing of the summons to inspect information collected by a photo speed monitoring device in connection with the violation. If the Martinsville Virginia Police Department does not execute a summons for a violation of Code of Virginia, § 46.2-873 issued pursuant to this section within 30 days following the date of the violation, all information collected pertaining to the suspected violation shall be purged within 60 days following the date of the violation. (h) A private vendor may enter into an agreement with the City of Martinsville, acting for the Martinsville Police Department, to be compensated for providing a photo speed monitoring device and all related support services, including consulting, operations and administration. However, only a law enforcement officer may swear to or affirm the certificate required by this section. Any such agreement for compensation shall be based on the value of the goods and services provided, not on the number of violations paid or monetary penalties imposed. Any private entity contracting with a law enforcement agency pursuant to this section may enter into an agreement with the department of motor vehicles, in accordance with the provisions of subdivision B 31 of Code of Virginia, § 46.2-208, to obtain vehicle owner information regarding the registered owners of vehicles that committed a violation of Code of Virginia, § 46.2-873. Any such information provided to such private vendor shall be protected in a database. (i) Information collected by a photo speed monitoring device operated pursuant to this section shall be limited exclusively to that information that is necessary for the enforcement of school crossing zone speeding violations. Information provided to the operator of photo speed monitoring device shall be protected in a database and used only for enforcement against individuals who violate this section or Code of Virginia, §46.2- 873. Notwithstanding any other provision of law, all photographs, microphotographs, videotapes, or other personal information collected by a photo speed monitoring device shall be used exclusively for enforcing school crossing zone and highway work zone speed limits and shall not be (i) open to the public; (ii) sold or used for sales, solicitation, or marketing purposes; (iii) disclosed to any other entity except as may be necessary for the enforcement of school crossing zone and highway work zone speed limits or to a vehicle owner or operator as part of a challenge to the violation; or (iv) be used in a court in a pending action or proceeding unless the action or proceeding relates to a violation of this section or Code of Virginia,§ 46.2-873, or such information is requested upon order from a court of competent jurisdiction. Information collected under this section pertaining to a specific violation shall be purged and not retained later than 60 days after the collection of any civil penalties. The Martinsville Virginia Police Department shall annually certify compliance with this section and make all records pertaining to such system available for inspection and audit by the Commissioner of Highways or the commissioner of the Department of Motor Vehicles or his designee. Any person who discloses personal information in violation of the provisions of this subsection shall be subject to a civil penalty of $1,000.00 per disclosure. Any unauthorized use or disclosure of such personal information shall be grounds for termination of the agreement between the department of motor vehicles and the private entity. Page 3.of4 (j) Conspicuous signs shall be placed within 1,000 feet of any school crossing zone or highway work zone at which a photo speed monitoring device is used, indicating the use of the device. There shall be a rebuttable presumption that such sign was in place at the time of the commission of the speed limit violation. Adopted on second reading this 4th day of October, 2023. ********* Attest: ________________________________ Karen Roberts, Clerk of Council October 4, 2023 October 14, 2023 Date Adopted Date Effective Page 3.of4  City Council Agenda Summary Meeting Date: October 4, 2023 Item No: 4. Department: Emergency Management Issue: Martinsville Middle School Generator Summary: Presentation for Council concerning the Martinsville Middle School Generator and consider approval of funds The Martinsville Middle School is the City’s designated Emergency Shelter. This facility would be utilized in the event of a large-scale disaster that would require a certain percentage of the population to be relocated into a temporary sheltering facility. Traditionally, the Red Cross would partner with City agencies to staff this type of facility. One of the major drawbacks to utilizing this facility during a disaster of that magnitude would be a partial or complete utility failure. The facility has boilers for heat and chillers for cooling. The proposed generator would be able to power the entire facility in the event of a utility failure. This would expand our capability, as a locality, to meet the needs of our citizens in the event of an emergency. Additional benefits to adding this type of generator would be the savings in food costs during a utility failure and alleviating the need for student dismissal. Currently, if there is a utility failure, school personnel would have to move refrigerated goods to another facility in an effort to preserve them. Also, students would have to be dismissed early if there are not sufficient utilities to provide HVAC services or food preparations. Earlier this year, the Virginia Department of Emergency Management (VDEM) announced the availability of a Shelter Upgrade Assistance Grant for localities, and generators were listed as a qualifying purchase. Originally, it was a 50/50 grant, but the local economic index factor was also considered, which made this grant a 70/30 grant. The total for the original grant was $641,000, with a maximum state match of $450,000 and a local contribution of $191,000. The grant has already been awarded, but no construction has begun due to the lack of secured funding. Multiple avenues for funding through the school system’s budget were explored, but unfortunately, the excess fund lines they currently have are not eligible for grant matches. I am requesting that the Council allocate funds for this project so construction can begin immediately. The state has already allocated its share, $450,000, for this project, and I feel like it would be in our best interest to provide our match portion to extend further the benefits that our City has to offer our citizens. Recommendations: City Council fund the $191,000 out of ARPA funds to support the Martinsville Middle School and its designation as an Emergency Shelter.  City Council Agenda Summary Meeting Date: October 4, 2023 Item No: 5. Department: City Manager Issue: Reappropriation of Funds – Water Resources FY24 Capital Expenditures Summary: Request to Purchase Side by Side with Capital Savings In 2017, the Water Resources Department purchased a 2017 Kawasaki Mule to be used for right of way inspection/maintenance and on projects such as our current Jones Creek Interceptor project. We have experienced reoccurring issues with it since then. It is hard to start and cuts off when idling. The Mule currently has 413 hours on it and is no longer a reliable source of transportation. The following amounts have been paid for previous repairs: 01/16/20 Star Cycle $965.27 11/10/21 Triangle Cycles $1234.98 10/28/22 Triangle Cycles $979.70 After shopping around, the best deal was determined to be a 2024 Polaris Ranger, priced at $18,499.00. This dealership is willing to give a $4,500 trade allowance for the Mule, bringing the total purchase price down to $14,298.00. No other dealer was willing to accept the Mule for trade in and advised that year/make/model had significant issues. Water Resources budgeted $138,300 in FY24 for a dump truck. This amount was split 50/50 between Water Maintenance – Vehicles (12543313 508205) and Sewer Construction – Vehicles (13552327 508205) budget line items. Public Works was going to purchase a dump truck but discovered that it was not suitable for their intended use (spreading salt). The vendor agreed to sell the truck to the City for the same price, $115,833.28, if another department wanted to purchase it. Water Resources purchased the dump truck originally intended for Public Works and saved a total of $22,466.72. Attachments: Quote for 2024 Polaris Ranger Recommendations: Water Resources is recommending that Council approve the purchase of a 2024 Polaris Ranger totaling $14,298.00 using the FY24 realized capital savings.  City Council Agenda Summary Meeting Date: October 4, 2023 Item No: 6. Department: City Manager Issue: Funding for Pickleball Courts Summary: We received a $25K PUP Grant from the Harvest foundation for the renovation of the Spruce St. Tennis Courts into a combined Tennis and Pickleball Court and consider approval of additional funds form ARPA. The bids came on September 15th for the tennis court work on Spruce Street. The two lighted courts, side by side. The bid is for $51,610 from Tennis Courts, Inc. out of Richmond see attached. The city applied for and received a Harvest PUP grant in the amount of $25,000 which will be applied to this project, so the net City cost is $26,610. Time is of the essence to get this done as the tennis court resurfacing process has temperature restrictions, as to when the product can be applied, it cannot be applied in cold temperatures. Since this is part of the City parks upgrade project, the funds could be taken from the $500K ARPA earmark allocated for park improvements, or a separate approval from Council to use $26,210 of ARPA could be requested. Attachments: Spurchasing23091514270.pdf Recommendations: The staff recommends we pull $26,210 from the $500K in ARPA funds intended for park improvements.