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City Council

Regular Meeting

Martinsville, VA · May 16, 2024

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Minutes

May 16, 2024 Council Meeting A Council Meeting was held at 5:00 pm on May 16, 2024, in Council Chambers. Mayor Jones, Vice Mayor Rawls, Council Member Lawson, Council Member Pearson, Council Member Mitchell, City Manager Aretha Ferrell-Benavides, Chief Operating Officer Edena Reese-Atmore, Clerk of Council Karen Roberts, Assistant Finance Director Crystal Ferguson, Community Development Director Keith Holland, Public Works Director Greg Maggard, and Water Resources Director Mandy Muse. Attorney Stephen Durbin participated by phone. Proclamation for Alpha Kappa Alpha Sorority Inc. Day – Mayor Jones read the proclamation which was presented to the City Manager and Alpha Kappa member Aretha Ferrell-Benavides and other members in attendance. VML Policy Committee Appointments – Council nominated the following for the VML 2024 Policy Committee: Community and Economic Development – Tammy Pearson, Finance – Aretha Ferrell-Benavides with Alternate Edena Reese-Atmore, General Laws – Lawrence Mitchell, Human Development and Education – LC Jones, and Infrastructure – Kathy Lawson. Vice Mayor Rawls made the motion to nominate those listed above; Council Member Lawson seconded the motion with all Council Members voting in favor. Appointments to Boards and Commissions to include Anchor Group and Children’s Services May 16, 2024 Council Meeting Act – Council Member Lawson made a motion to appoint Mack Evans to the Anchor Group Home Commission; Council Member Pearson seconded the motion with all Council Members voting in favor. Vice Mayor Rawls made a motion to appoint Cindy Frank to the Children’s Services Act; Pearson seconded the motion with all Council Members voting in favor. ARPA Additional Request Workforce Program – City Manager Aretha Ferrell-Benavides explained the need for the requested increase additional $350,000 from ARPA. Council Member Lawson made a motion to approve the program. Vice Mayor Rawls stated that $400,000 was the original maximum agreed on, it was decided to award them $200,000 so the additional $350,000 is significant. $200,000 was total originally allocated. Vice Mayor Rawls amended the motion to approve the allocation of $280,000 for the upcoming fiscal year; Council Member Pearson seconded the amended motion with all Council Members voting in favor. Application for Excavation/Construction/Street Closure in City Right-of-Way – Public Works Director Greg Maggard explained that historically there was not a mechanism in place to control construction activities in a right of way. This application would require details from the contractors prior to the construction beginning and ensure that the contractors have insurance and the opportunity to examine their traffic control plans. This policy would be effective immediately. This agreement would affect only work being done on the ground and not the use of utility poles. The fee schedule would be $100 to capture costs. Vice Mayor Rawls made the motion to approve the application; Council Member Lawson seconded the motion with all Council Members voting in favor Mayor Jones said he had a request from FAHI to request a $5,000 sponsorship for their upcoming Juneteenth event. City Manager Aretha Ferrell-Benavides said it had been discussed to fund FAHI going forward like the City does for other outside agencies. Vice Mayor Rawls would like to see the money earmarked for specific expenses going forward with outside agencies. The FAHI Director briefly shared information on the Juneteenth event and anticipates this event to be the largest so far with a celebrity guest, food, activities, etc. Council Member Pearson made a motion to provide a $5,000 sponsorship for the Juneteenth event, Council Member Lawson seconded the motion with all Council Members voting in favor. Approval of FY24-25 Budget Ordinance on second reading – City Manager Ferrell-Benavides summarized the proposed budget which was approved May 9 on first reading. Council Member Lawson made a motion to increase the Virginia Coop Extension to $13,000; Council Member Mitchell seconded the motion. Ferrell-Benavides recommended final decisions be made at the May 28 Council meeting after the contracts have been reviewed. Mayor Jones suggested Council pick a date to discuss rather than stretching it out in numerous meetings. All Council Members voted in favor with a roll call vote: Vice Mayor Rawls made a motion to approve the budget ordinance on second reading; Council Member Lawson seconded the motion with the following roll call vote: Council Member Pearson, aye; Council Member Mitchell, aye; Council Member May 16, 2024 Council Meeting Lawson, aye; Mayor Jones, aye; and Vice Mayor Rawls, aye. Discussion on BB&T building – Ferrell-Benavides summarized the plans and grant details for the BB&T building. The developer has made a request on the structure of the loan, a response letter was put together by the attorney. Rawls questioned the interest in the agreement; Lawson stated that the contract could be amended at a later date. Rawls questioned the possible transfer of ownership, the City had discussed making that 10 years instead of 5 years. Rawls would like more than a financial ability clause. Ferrell-Benavides recommended 10 years approval of Council. Council discussed legal clauses within the proposed contract. Attorney Stephen Durbin recommended that some requests be considered during a closed session discussion. Adjournment – Council Member Lawson made a motion to adjourn at 6:15pm. ______________________________________ ______________________________________ Karen Roberts, Clerk of Council LC Jones, Mayor

Agenda

AGENDA--CITY COUNCIL CITY OF MARTINSVILLE, VIRGINIA Council Chambers – Municipal Building 5:00pm Regular Session Thursday May 16, 2024 5:00 pm – Regular Session 1. Call to Order 2. Pledge to the American Flag by Council Member Tammy Pearson. 3. Invocation – 4. Proclamations and Presentations A. Proclamation for Alpha Kappa Alpha Sorority Inc. Day 5. Regular agenda or New business A. Application for Excavation/Construction/Street Closure in City Right-of-Way B. Approval of FY24-25 Budget Ordinance on second reading 6. Adjournment STAFF REPORT MEETINGS: May 16, 2024 TITLE: APPLICATION FOR EXCAVATION/CONSTRUCTION/STREET CLOSURE IN CITY RIGHT-OF-WAY STAFF RESPONSIBLE Greg Maggard BACKGROUND/HISTORY The City does not currently have a permit for any non-city work within the public right of way. A permit allows for better oversight of construction activities, and traffic control and ensures that any degradation of public facilities will be repaired properly by the contractor. The permit also requires surety from the contractor to cover any disturbances to the right of way, along with a one-year warranty on repairs. POLICY EXPLANATION Ensuring Rights-of-Ways are repaired to high standards is in line with our Strategic Goal of clean, attractive, and vibrant neighborhoods and communities. FISCAL IMPACT/FUNDING SOURCE Staff recommends a permit fee of $50.00 to cover any administrative and site inspection costs. AVAILABLE BUDGET PURCHASE AMOUNT n/a n/a ACTION REQUESTED/ALTERNATIVES: 1. Approve the APPLICATION FOR EXCAVATION/CONSTRUCTION/STREET CLOSURE IN CITY RIGHT-OF-WAY ATTACHMENTS: 1. Permit Application 1 Page 1 of 4 Project Address ________________________ APPLICATION FOR EXCAVATION/CONSTRUCTION/STREET CLOSURE IN CITY RIGHT-OF-WAY EXCAVATION/RIGHT-OF-WAY CONSTRUCTION This application must be submitted to the Public Works Department for approval before undertaking any physical disruption, excavation, construction or cutting in any street, access, alley, pedestrian/bike path, or other public right-of-way. The fee must accompany the application, contain accurate information, and must be supported by information as may be deemed necessary by Public Works. This includes a sight survey and sketch of the proposed work area. Date of Application: _________________________________________ Applicant’s Name: __________________________________________ Applicant’s Mailing Address: _________________________________ Applicant’s Phone Number: __________________________________ Email: ______________________________ Name of Company Performing Work: __________________________ Phone Number: _____________________ Liability Insurance Received: yes no Description of the Project and Location: __________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________ Construction Information Start Date: ________________________ Completion Date: __________________________ Deposit Calculation: Paved Area ($4.00/sq. ft.) (Deposit will be held for one year) ______ft. x ______ft. = _______ sf. (X) $4.00/sf = $____________ Unpaved Area ($2.00/sq. ft.) (Deposit will be held for one year) ______ft. x ______ft. = ________ sf. (X) $2.00/sf = $___________ Will a Lane Closure be necessary yes* no *All Lane Closures must be approved by the Public Works Director before commencement of work. A Traffic Control Plan must accompany this application. The applicant acknowledges and declares that he/she has read the application and the requirements and conditions for issuance of a permit and that all the information provided, and all supporting materials are true and accurate to the best of their knowledge. I have read, understand, and will comply with all conditions and regulations listed. Applicant’s Signature ________________________________ Date____________________ Owner’s Signature ________________________________ Date____________________ Page 2 of 4 STREET CLOSURE This application must be submitted to the Public Works Department for approval at least one week before starting any project. The application must contain accurate information and be supported with information deemed necessary by Public Works, including a Traffic Control Plan. APPLICANT INFORMATION: Date of Application: ___________________________________________________________________________ Name: ________________________________________________________________________________________ Mailing Address: _______________________________________________________________________________ Email: ________________________________________________________________________________________ Telephone Number: ____________________________________________________________________________ PROJECT DESCRIPTION/LOCATION: All Street Closure Applications must be accompanied by a Traffic Control Plan (TCP), including pictures or drawings of the site, intersections, detours, locations and types of barricades, flagger locations, and other pertinent information. Streets to be Closed: __________________________________________________________________________________ Closure Date: ______________________________________ End Date: _______________________________________ Reason for Closure: ___________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ Description of Closure: ________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ The applicant acknowledges and declares that he/she has read the application and the requirements and conditions for issuance of a permit and that all the information provided, and all supporting materials are true and accurate to the best of their knowledge. I have read, understand, and will comply with all conditions and regulations listed. Applicant’s Signature ________________________________ Date____________________ Owner’s Signature ________________________________ Date____________________ Page 3 of 4 For City Use Only Excavation: Excavation Permit Approved By: ____________________________________ Date: __________________ The permit will automatically expire thirty (30) days from the approval date, excluding Sundays and legal holidays. Deposit Cut Table for Right-Of-Way Work Paved Surface Square Footage from Page 1: _____________ (X) $4.00/sf = Deposit Amount: $________________ Unpaved Surface Square Footage from Page 1: _____________ (X) $2.00/sf = Deposit Amount: $________________ Permit Fee: $50 Received By: _______________________ Payment Type: _________________Date: ____________ Deposit: $_____________ Received By: _______________________ Payment Type: _________________Date: ____________ Refund: Date Inspected: _______________________________ Inspected By: ______________________ Approved: yes no Deposit Refund Date: ___________________ Street Closure: Street Closure Permit Approved By: ____________________________________ Date: __________________ Traffic Control Plan Approved By: ______________________________________ Date: __________________ Emergency Agencies Notified: MPD MFD MSD Additional Comments/Conditions: _________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ Page 4 of 4 EXCAVATION/RIGHT OF WAY CONSTRUCTION CONDITIONS 1. A permit fee of $50.00 and a separate payment, based on the cut table on the previous page, must be paid upon application submission. The deposit will be returned to the applicant following a 1-year warranty period and final inspection by the City. Checks shall be made payable to the “City of Martinsville”. 2. The actual excavation/street cut in a paved surface shall be made by the Permittee on both sides of the proposed trench with a concrete saw, pipe saw, or other suitable tool. All cuts are to be made at 90% right angles. 3. All material taken from the excavation/street cut and not used in backfill shall be properly removed and disposed of by the Permittee at the time of the cut/excavation. 4. Materials that must be stored on-site shall be done so as to minimize interference with traffic. 5. Backfill materials shall be placed in layers or lifts not to exceed twelve inches (12”) in un-compacted thickness. 6. Backfill material shall be native or imported materials containing no stones larger than four inches (4”) in diameter. 7. Compaction shall be accomplished only with equipment specifically designated for trench compaction. The Public Works Director or his/her designated representative shall approve compaction equipment. 8. All backfill material shall be moisture-conditioned and compacted to achieve ninety-five percent (95%) of maximum dry density (ASTM 698). 9. The top eight inches (8”) of the excavation shall be filled with an aggregate base course (Type I or II). 10. All previously asphalted surfaces shall be paved with a minimum of 3” hot-mix asphalt. 11. No paved surfaces shall be left unpaved without hot mix for longer than seven days unless approved by the Public Works Department. 12. For construction activities within the R.O.W., a Traffic Control Plan (TCP) shall be submitted with this permit for approval by the Public Works Director or his/her designated representative. The TCP must show the limits of construction and the location of all signs, barricades, cones, etc. 13. The Permittee shall be solely responsible for all lights, barricades, signs, flag persons, and other traffic control devices or equipment necessary to ensure the safe flow of vehicle and pedestrian traffic around the construction/excavation site, and the Permittee shall indemnify and hold the City of Martinsville, its officers and employees, harmless from any and all claims for injury or damage to persons or property arising from the construction/excavation activity. All barricades, signs and other traffic control devices shall conform to the Manual on Uniform Traffic Control Devices, and no excavation shall be left open overnight unless prior written approval is obtained from the Public Works Department. 14. If surfaces are adequately paved and/or repaired to their original condition, the deposit check shall be returned to the applicant after one year. If the surface does not meet requirements, the deposit will not be returned. All costs, beyond the deposit amount, incurred by the Public Works Department to repair the excavated area will be invoiced to the applicant for payment. All outstanding payments must be received prior to approval of any new street cuts. 15. A permit may be made subject to such terms and conditions as the Public Works Department determines necessary to protect public health, safety, and welfare, including the imposition of an expiration date for the permit and/or the posting with the City of adequate financial security securing the Permittee’s performance under the permit. 16. At least 72 hours prior to excavation, the Permittee shall contact Virginia 811 for utility locates. 17. Permit expires 30 days from the date of issuance unless extended in writing. 18. The Permittee must call the Streets Department at least 12 hours in advance to schedule an inspection, at 276-403-5408. All backfill compaction must be inspected and approved by the Public Works Streets Department prior to paving. STAFF REPORT MEETINGS: May 16, 2024 TITLE: Consider approval of Budget Ordinance 2024-U1 on the second reading. STAFF RESPONSIBLE Aretha R. Ferrell-Benavides, City Manager BACKGROUND/HISTORY On April 9, the City Manager presented the Fiscal Year 2024-25 Proposed Operating Budget to the City Council. This was followed by a series of workshops being held, with each Department presenting its individual budgets between April 18 – May 9, 2024. On May 2, 2024, a public meeting was held with staff presenting the budget to the community. As required by state law, a public hearing was scheduled for May 9, 2024, to include the first reading of the budget ordinance. The second reading is scheduled for May 16, 2024, seven days following the first reading, which is required by law. In the proposed budgets of the various funds, known as All Funds, in the amount of $114,703,256. The All-Funds Budget for the Fiscal Year commencing July 1, 2024, and ending June 30, 2025, requires approval, adoption, and appropriation by the City Council. A Public Hearing on the City’s FY23-24 Budget was held on May 9, 2024 and the Budget Ordinance 2024-U-1 was approved on first reading. POLICY EXPLANATION Code of Virginia Title 15.2 Subtitle II Powers of Local govern Chapter 25 Budget Audits and Reports § 15.2-2506. FISCAL IMPACT/FUNDING SOURCE See Attached Ordinance AVAILABLE BUDGET PURCHASE AMOUNT NA NA ACTION REQUESTED/ALTERNATIVES: 1. Approve on second reading (roll call vote). 2. Do Not Approve 3. Other Action as Directed by City Council 1 ORDINANCE 2024-U-1 The Budget for Fiscal Year 2024-2024 BE IT ORDAINED by the Council of the City of Martinsville, Virginia in regular session assembled May 14, 2024, that the following sums of money be and hereby are appropriated – by specific Fund – for the City’s fiscal year ending June 30, 2025 from the following Fund sources of estimated revenue: SUMMARY STATEMENT OF BUDGET ESTIMATES 2024-2025 PROJECTED BUDGETED CHANGES FUND FUND REVENUES EXPENDITURES BALANCE General $38,096,430 $35,514,868 2,581,799 Meals Tax $0 $0 $0 IDA $250,000 $250,000 $0 Capital Reserve $0 $0 $0 Refuse $2,136,950 $2,136,950 $0 Telecom $2,280,031 $2,280,031 $0 Water $4,316,260 $4,316,260 $0 Sewer $5,507,629 $5,507,629 $0 Electric $24,748,380 $24,748,380 $0 Street Fund $4,442,559 $4,442,559 $0 Stormwater Fund $420,620 $420,620 $0 CDBG $0 $0 $0 Cafeteria* $2,186,601 $2,186,601 $0 School – Federal Programs $2,267,523 $2,267,523 $0 School Operating* $28,050,273 $28,050,273 $0 TOTALS: $114,703,256 $112,121,694 $2,581,799 *Information on cafeteria and school operating funds is provided by school personnel. Tax Rates: Real Estate: $0.99 per $100 assessed value (unchanged) Personal Property: $2.30 per $100 assessed value (unchanged) Machinery/Tools: $1.85 per $100 assessed value (unchanged) Electric Rates: 5% average increase across all categories Water & Sewer Rates Increase cost per additional thousand gallons to $3.50. Base rates will remain the same. Stormwater Rate $3 per month for residential customers; $3.50 - $4.00 per month for non-residential customers Attest: ____________________________________________ Karen Roberts, Clerk of Council

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