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City Council

Regular Meeting

Martinsville, VA · September 9, 2014

AgendaMinutes

Minutes

September 9, 2014 The regular meeting of the Council of the City of Martinsville, Virginia, was held on September 9, 2014, in Council Chambers, Municipal Building, at 7:30 PM, Closed Session beginning at 7:00pm, with Mayor Kim Adkins presiding. Council Members present included: Mayor Kim Adkins, Vice Mayor Gene Teague, Sharon Brooks Hodge, Mark Stroud and Danny Turner. Staff present included: Leon Towarnicki, City Manager, Brenda Prillaman, Eric Monday, Wayne Knox, Tony Turner, Kris Shrader, Lane Shively, Kenneth Draper, and Ruth Easley. Mayor Adkins called the meeting to order and advised Council will go into Closed Session. In accordance with Section 2.1-344 (A) of the Code of Virginia (1950, and as amended) and upon a motion by Danny Turner, seconded by Mark Stroud, with the following 5-0 recorded vote: Adkins, aye; Teague, aye; Hodge, aye; Stroud, aye; and Turner, aye, Council convened in Closed Session, for the purpose of discussing the following matters: (A) A prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business’ or industry’s interest in locating or expanding its facilities in the community as authorized by Subsection 5. (B) Consultation with legal counsel and briefings by staff members, attorneys or consultants pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by such counsel, as authorized by Subsection 7. 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 Session. On a motion by Mark Stroud, seconded by Sharon Brooks Hodge, with the following recorded 5-0 vote: Adkins, aye; Teague, aye; Hodge, aye; Stroud, aye; and Turner, aye, Council returned to Open Session. Board actions taken: On a motion by Sharon Brooks Hodge, seconded by Mark Stroud, with 5-0 vote, Council appointed Debbie Hall, P. O. Box 3246, to an unexpired 3 year term ending March 31, 2017 on the Architectural Review Board. On a motion by Gene Teague, seconded by Danny Turner, with a 5-0 vote, Council appointed Debbie Hall, P. O. Box 3246, to an unexpired 3 year term ending December 31, 2016 on the Arts & Cultural Committee to serve as the Architectural Review Board representative. Following the invocation by Vice Mayor Teague and Pledge to the American Flag, the Mayor welcomed everyone to the meeting and announced there will be an agenda item added to present proclamations. Minutes: On a motion by Gene Teague, seconded by Sharon Brooks Hodge, with a 5-0 vote, Council approved the minutes of the July 22, 2014 meeting. Addendum-Proclamation-Constitution Month: Mayor Adkins read and presented a proclamation to representatives of the Daughters of the American Revolution regarding Constitution Week 2014. Addendum-Proclamation-Suicide Prevention Awareness Month: Mayor Adkins read and presented a proclamation to representatives of CONTACT regarding Suicide Prevention Awareness Month 2014. Update from Economic Development Corporation: Mark Heath updated Council on recent activities programs and events. Questions from Council regarding occupancy rate of retail locations in the city were asked and Mr. Heath reported he will get that information to Council. Council remarked on absence of several city retail businesses on the tourism map recently distributed. ISO Rating update from Fire Dept.: Chief Kenneth Draper and Deputy Chief Kris Shrader briefed Council on the City’s ISO (Insurance Services Office) Public Protection Classification rating. The Martinsville Fire Department along with other City staff recently completed efforts regarding the Public Protection September 9, 2014 Classification (PPC) survey which is analyzed by ISO to determine the City’s ISO Public Protection Classification rating. ISO’s PPC program plays an important role in the underwriting process at insurance companies with most U.S. insurers using PPC information as part of their decision-making when deciding what businesses to write, coverage to offer, or prices to charge for personal or commercial property insurance. As a result of the efforts of Martinsville Fire and other City staff involved in the process, the City’s ISO rating has improved from a previous rating of 4 to the new rating of 3. Fire Department personnel provided an update for Council regarding this change and the potential impact to the City. City of Martinsville’s Recognizes the efforts of communities to ISO Public Protection Classification provide fire protection services Investment in fire mitigation is a proven and ISO analyzes relevant data using their Fire reliable predicator of future fire losses Suppression Rating Schedule (FSRS) Insurance companies use PPC information to PPC ranges from 1 to 10 help establish fair premiums for fire insurance Class 1 generally represents superior property The most significant benefit of the PPC program fire protection is its effect on losses Class 10 indicates that the area's fire-suppression program doesn't meet ISO’s minimum criteria. To determine a community's PPC, ISO conducts Basically, it is a way of classifying a a field survey to evaluate four major areas: community’s ability to suppress fires Emergency communications systems (10 points) Fire department (50 points) PPC info plays an important part in the decisions Water supply (40 points) insurers make affecting the underwriting and Community risk reduction (5.5 points) pricing of property insurance Insurance companies, not ISO, establish the FSRS Item Credit Available Earned Credit premiums they charge to policyholders Emergency Reporting (Communications) 10 7.78 In general, assuming all other factors are equal, Fire Department 50 31.97 Water Supply 40 28.11 the price of property insurance in a community Community Risk Reduction 5.5 4.20 with a good PPC is lower than in a community Divergence -- -1.27 with a poor PPC Total Credit 105.5 70.79 Distribution of Communities by PPC Class Final Community Public Protection After December 1, 2014, Martinsville will be in Classification = Class 03 the top 7% in the United States PPC program evaluates a community’s overall Distribution of Communities by PPC Class capability to prevent and suppress structure fires After December 1, 2014, Martinsville will be in Communities whose PPC improves may get the top 2% in Virginia lower insurance prices PPC also provides fire departments with a valuable benchmark Fleet/Garage/Vehicle Replacement report: Fleet Manager Lane Shively presented the following information: during the FY15 budget review work sessions, Council expressed interest in hearing information related to the decision-making process that occurs regarding replacement of City vehicles and equipment. Mr. Shively provided Council an update on City garage/fleet operations as well as information utilized by the Garage and City staff in determining vehicle/equipment replacement recommendations and schedule. September 9, 2014 September 9, 2014 BPOL ordinance 1st reading: Ruth Easley briefed Council with the following information noting the ordinance changes proposed would be effective January 1, 2015: as part of its 2014 budgeting process, Council approved reform of the city’s Business Professional and Occupational Licensing (BPOL) to align the city’s gross receipts threshold amount with that utilized by Henry County. Henry County currently requires a $30 license fee for BPOL gross receipts under $100,000. At the July 22, 2014 Council meeting, Council also directed the addition of a second threshold for a no-fee license for BPOL gross receipts under $10,000. Businesses with gross receipts over $100,000 will continue to pay the gross receipts tax at the current established rates. On a motion by Gene Teague, seconded by Sharon Brooks Hodge, with the following 5-0 recorded vote: Adkins, aye; Teague, aye; Hodge, aye; Stroud, aye; and Turner, aye, Council approved the revisions to the BPOL Ordinance on first reading. Second and final reading will take place at the September 23, 2014 meeting. Electronic summons court assessment fee 2nd reading ordinance: Eric Monday briefed Council on the proposed ordinance regarding the electronic summons court assessment. The 2014 General Assembly passed legislation allowing localities to assess a maximum of $5.00 on every criminal and traffic case, to fund software, hardware, and associated equipment costs for the implementation and maintenance of an electronic summons system. This assessment has been requested by the Circuit Court Clerk and the Police Department. On a motion by Gene Teague, seconded by Mark Stroud, with the following 5-0 recorded vote: Adkins, aye; Teague, aye; Hodge, aye; Stroud, aye; and Turner, aye, Council approved the following ordinance on second reading: Business from floor: Eric Monday of Mulberry Road pointed out statewide recognition received by our community in recent Virginia Living magazine. Council comments: Hodge-reminder about West End Working Group meeting on September 11 and voiced her disappointment that the new map just distributed by the EDC did not include the Sportsman’s Club and Carter’s Uptown store; Teague-excited for open house at NCI; Stroud-excited about NCI open house and turning over keys for Henry Hotel and asked that all citizens remember September 11; Turner-reminder September 9, 2014 about September 16 Small Business Caucus at the incubator and expressed appreciation for recognition of Constitution Week. City Manager comments: reminder about events: NCI dedication on September 12 at 10 am, Patriot Centre shell building dedication September 17 at 2pm, September 16 Roundtable event at incubator; September 11 is Patriot Day and flags will be at half-staff; nominations for Veteran of the Year award being accepted until October 10, 2014. There being no further business, the meeting adjourned at 9:00 pm. _______________________________ __________________________ Brenda Prillaman Kim Adkins Clerk of Council Mayor

Agenda

AGENDA--CITY COUNCIL -- CITY OF MARTINSVILLE, VIRGINIA Council Chambers – Municipal Building 7:00 pm CLOSED SESSION 7:30 pm regular session Tuesday, September 9, 2014 7:00--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. Appointments to boards and commissions as authorized by Subsection 1. B. A prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business’ or industry’s interest in locating or expanding its facilities in the community as authorized by Subsection 5. C. Consultation with legal counsel and briefings by staff members, attorneys or consultants pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by such counsel, as authorized by Subsection 7. 7:30—Regular Session Invocation & Pledge to the American Flag-Vice Mayor Teague 1. Consider approval of minutes of July 22, 2014. (2 mins) 2. Hear an update from MHC Economic Development Corporation. (15 mins) 3. Hear a staff update from the Fire Department on the ISO rating. (10 mins) 4. Hear a staff update on the City vehicle replacement process. (15 mins) 5. Consider approval of BPOL ordinance change on first reading. (20 mins) 6. Consider approval on second reading ordinance regarding electronic summons court assessment fee. (5 mins) 7. Business from the Floor This section of the Council meeting provides citizens the opportunity to discuss matters, which are not listed on the printed agenda. In that the Council meetings are broadcast on Martinsville Government Television, the City Council is responsible for the content of the programming. Thus, any person wishing to bring a matter to Council’s attention under this Section of the agenda should: (1) come to the podium and state name and address; (2) state the matter that they wish to discuss and what action they would like for Council to take; (3) limit remarks to five minutes; (4) refrain from making any personal references or accusations of a factually false and/or malicious nature. Persons who violate these guidelines will be ruled out of order by the presiding officer and will be asked to leave the podium. Persons who refuse to comply with the direction of the presiding officer may be removed from the chambers. 8. Comments by members of City Council. (5 minutes) 9. Comments by City Manager. (5 minutes) City Council Agenda Summary Meeting Date: September 9, 2014 Item No: 1. Department: Clerk of Council Issue: Consider approval of minutes of City Council meetings July 22, 2014. Summary: None Attachments: July 22, 2014 minutes Recommendations: Motion to approve minutes as presented. July 22, 2014 The regular meeting of the Council of the City of Martinsville, Virginia, was held on July 22, 2014, in Council Chambers, Municipal Building, at 7:30 PM, Closed Session beginning at 7:00pm, with Mayor Kim Adkins presiding. Council Members present included: Mayor Kim Adkins, Vice Mayor Gene Teague, Sharon Brooks Hodge, Mark Stroud and Danny Turner. Staff present included: Leon Towarnicki, City Manager, Brenda Prillaman, Eric Monday, Linda Conover, Wayne Knox, Andy Lash, Dennis Bowles, Durwin Joyce, Bobby Phillips, E. C. Stone, Ruth Easley, Coretha Gravely and Sean Dunn. Mayor Adkins called the meeting to order and advised Council will go into Closed Session. In accordance with Section 2.1-344 (A) of the Code of Virginia (1950, and as amended) and upon a motion by Danny Turner, seconded by Mark Stroud, with the following 5-0 recorded vote: Adkins, aye; Teague, aye; Hodge, aye; Stroud, aye; and Turner, aye, Council convened in Closed Session, for the purpose of discussing the following matters: (A) Appointments to Boards and Commissions as authorized by Subsection 1. (B) Consultation with legal counsel and briefings by staff members, attorneys or consultants pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by such counsel, as authorized by Subsection 7. 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 Session. On a motion by Mark Stroud, seconded by Sharon Brooks Hodge, with the following recorded 5-0 vote: Adkins, aye; Teague, aye; Hodge, aye; Stroud, aye; and Turner, aye, Council returned to Open Session. Board appointments action taken: On a motion by Mark Stroud, seconded by Sharon Brooks Hodge, with a 5-0 vote, Council appointed Will Pearson of 1034 Mulberry Road to a 4 year term on the Planning Commission ending 6/30/18. Following the invocation by Vice Mayor Teague and Pledge to the American Flag, the Mayor welcomed everyone to the meeting. Minutes: On a motion by Sharon Brooks Hodge, seconded by Mark Stroud, with a 5-0 vote, Council approved the minutes of the May 13, 2014 meeting. Proclamation National Night Out: Mayor Adkins read and presented a proclamation regarding August 5, 2014 National Night Out to Officer Coretha Gravely and captains of several city neighborhood watch groups. Public Comment regarding urban chickens: Eric Monday briefed Council. In response to citizen requests to allow keeping chickens in the City (currently, poultry and livestock are banned: Code § 5-18), the Planning Commission vetted the issue. By a vote of 5-1, the Planning Commission forwarded the proposed draft ordinance to Council for adoption in the event Council decides to allow chickens. The Commission, however, by the same vote did not endorse the concept of allowing chickens. The draft ordinance is modelled on the City of Salem, but unlike Salem, it imposes the requirement of obtaining a special use permit. Planning Commission discussion noted the permit’s cost ($200), the requirement to notify neighbors, and the review process would deter those with only a casual interest, would offer surrounding property owners the opportunity to voice any objection, and would give the City the opportunity to assess the ability of any person interested in keeping chickens to abide by the requirements imposed. Mayor Adkins asked for public comment: (1) Patricia Wardzala of Morningside Lane- against allowing chickens beside her home due to predators attracted and smells if not properly kept up. (2) Dawn Moser of Spruce Street-thanked Council for July 22, 2014 their time and efforts in allowing the process to go forward from the petition, to the Planning Commission, and to ordinance consideration. She noted her family is for the urban chickens, but they do not want to add another burden to the city and will respect the city’s decision. (3) E. C. Stone, City Police Animal Control Officer, briefed Council with statistics and need for law changes to address the urban chickens issue as far as predators being attracted and officers having to either kill or impound the predators and factors like health risks and costs involved. (4) Elaine Hedrick commented that police need to spend their time getting drug dealers instead of chasing chickens. (5) Janet Mullins of Owens Road commented on problem she has with cats on her street and adding chickens will just cause more problems. Council members voiced they had received numerous citizen contacts opposed to allowing chickens in the city and there was discussion regarding the financial burden this will add to the city finances. The chicken ordinance will not proceed as there is no support from Council at this time. Resolution approval National Incident Management System (NIMS): On a motion by Mark Stroud, seconded by Danny Turner, with a 5-0 vote, Council approved the following resolution confirming support and continued use of the National Incident Management System (NIMS) as the City standard for incident management: Staff update on Utilities, Electric, Water & Sewer: Dennis Bowles and Andy Lash provided the following information for fourth quarter FY 14 Utilities: Production: Total Water Revenue = $3,163,111 Average flow at the Sewage Treatment Plant was 4.362 MGD for Total Water Expense = $2,856,610* FY’14 *Includes transfer to GF = $696,152 Plant Capacity 8 MGD *Includes transfer to Minet = $354,605 Water production was 1.667 MGD for the same period Net Revenue = $306,501** Plant Capacity 7.5 MGD Total WW Revenue = $3,866,396 Total WW Expense = $4,252,751* *Includes transfer to GF = $1,354,692 Net Revenue = ($386,355)**Preliminary budget estimate based on Finance Dept. projection as of last week. July 22, 2014 Current Water Projects: Hydrant Flushing: A meter and pressure sensor are mounted on Water Plant: The Health Department has mandated additional the back of the Service Truck testing for numerous chemicals and additional testing for Data is Digitally Recorded on a PC disinfection byproducts; currently meeting all standards. The system needs some tweaking but appears to be successful City Reservoir: A new dock has been added to help load & Wastewater Projects: started online catalogue of manholes and unload boats; maintained as a family oriented facility; have held 4 sewer Bass Tournaments & 2 Catfish Tournaments; new playground has been added. ELECTRIC SUMMARY FINANCIAL BENEFITS OF HYDRO GENERATION Purchased power = 177,266 MWh/ +1.98% FY ‘14 Hydroelectric Plant Generation in MWh = 2,358 Hydroelectric Plant = 2,358 MWh/ +32% FY ‘14 Average Rate For Purchased Power = $78.13 Total Avoided Cost: $78.13 x 2,358 MW = $184,231 Landfill Gas Generator = 4,858 MWh/ +8.6% Less O&M expense = $98,512 Total FY ‘14 power needs = 184,482 MWh/ +2.44% Net Avoided Energy Cost = $85,718 FINANCIAL BENEFITS OF LFG REVENUE/EXPENDITURES FY ‘14 Landfill Gas Generation in MWh = 4,858 Total Revenue = $17,146,314.59 Average rate for purchased power = $78.13 Total Expense = $18,138,017* Total Avoided Cost: $78.13 x 4,858 = $379,556 *Includes transfer to GF = $1,660,564 Less plant O&M expense & debt service = $396,303 Sale of REC’s from power generation = $80,628 Estimated Net Revenue = ($275,426)** Net Avoided Energy Cost =$63,881 **Preliminary budget estimate based on Finance Dept. projection as of last week. PURCHASED POWER PROJECTS Purchased power ended the fiscal year with a deficit LF Mall demolition/construction of (-$773,611) as a result of increased power cost in the second NCI service installation half of the year. Hydro automation The increased power cost was a direct result of excessive Forest Park customer transfer from APCo transmission and congestion charges due to the polar vortex’s grip Line upgrades in Forest Park and Northside areas on the northeastern US in the winter causing excessive demand on Automated Metering Infrastructure (AMI): Staff is currently working the electric transmission grid. with an Energy Services Co. conducting evaluation of water & electric metering systems to determine feasibility of installing an AMI system. Mayor Adkins commended Mr. Bowles for the thorough detailed report given. Update BPOL rates: At the April 23, 2014 budget worksession, Council made an adjustment to the FY15 BPOL revenue line to reflect changing the city’s threshold for applying the gross receipts rates for the City’s Business, Professional and Occupational License tax to match that of Henry County. Currently Henry County does not charge a tax rate on the gross receipts of a business for business license purposes until the gross receipts are $100,000 or more. Henry County does assess a minimum license fee of $30 for businesses with gross receipts below $100,000. Council requested revenue impact data for different rate scenarios for moving the city’s BPOL rates to either align with Henry County or lower the current City rates. Commissioner of Revenue, Ruth Easley, and intern Ginny Whitener presented the following information: July 22, 2014 On a motion by Gene Teague, seconded by Sharon Brooks Hodge, with a 5-0 vote, Council agreed to authorize staff to draft necessary documents for consideration to implement the $100,000 threshold with the no fee, $10,000 threshold. Ordinance Water & Sewer Terms & Conditions 2nd reading: After a discussion regarding connection fees covering costs, a motion was made by Gene Teague, seconded by Mark Stroud, with the following 4-1 recorded vote, Adkins, aye; Teague, aye; Hodge, aye; Stroud, aye; and Turner, nay, Council approved the ordinance on second reading revising the Water & Sewer Services Terms and Conditions. The entire 100 page document is available in the Water Resources office and following is the signature page for the revision. : July 22, 2014 Ordinance business entertainment exception to noise ordinance 2nd reading: On a motion by Sharon Brooks Hodge, seconded by Mark Stroud, with the following 5-0 recorded vote, Adkins, aye; Teague, aye; Hodge, aye; Stroud, aye; and Turner, aye, Council approved the following ordinance on second reading: FY15 Council Neighborhood meetings: Council had brief discussion on scheduling Neighborhood Council meetings and Council directed city staff to confirm locations for dates specified. Consent agenda: On a motion by Gene Teague, seconded by Sharon Brooks Hodge, with a 5-0 vote, Council approved the following consent agenda: BUDGET ADDITIONS FOR 7/22/2014 ORG OBJECT DESCRIPTION DEBIT CREDIT FY14 General Fund: 01100909 490104 Advance/Recovered Costs 3,791 01331108 501300 Sheriff/Corrections - Part-time & Temporary Wages 2,760 01331108 502100 Sheriff/Corrections - Social Security 171 01331108 502110 Sheriff/Corrections - Medicare 40 01331108 506008 Sheriff/Corrections - Vehicle Equipment & Maint. 552 01331110 506200 Sheriff/Annex - Prisoner Allowance 268 Reimbursement from Henry County for litter pickup for May & June 01100909 490801 Recovered Costs - Senior Citizens 3,796 01714212 506016 Senior Citizens - Program Supplies 2,895 01714212 501300 Senior Citizens - Part-time Wages 498 01714212 502100 Senior Citizens - Social Security 31 01714212 502110 Senior Citizens - Medicare 7 01714212 506049 Senior Citizens - Vehicle Fuels 365 Bingo & Trip receipts; Transportation Grant - June 2014 01101917 442810 Categorical State Other - Highway Projects 62,987 01413151 508220 Thorofare Construction 62,987 Liberty St project reimbursement Total General Fund: 70,574 70,574 Business from floor: None Council comments: Hodge-commended the City Manager and Community Development staff regarding the Fayette Square; Stroud-expressed regrets for not being able to attend several recent events due to health issues and asked for prayers for his niece's surgery; Turner-asked for prayers for Mr. Stroud. July 22, 2014 City Manager comments: announced August 9 Smith River Fest; reported Council Member Stroud has agreed to serve on VA First Cities board as a member of Council; reviewed future plans with several Uptown projects and advised details will be forthcoming at a future meeting; reported the “Ban the Box” issue on job applications has been addressed by the city’s Human Resources office and the front page of the city job application form will not include that box effective July 1, 2014. There being no further business, the meeting adjourned at 9:45pm. _______________________________ __________________________ Brenda Prillaman Kim Adkins Clerk of Council Mayor City Council Agenda Summary Meeting Date: September 9, 2014 Item No: 2. Department: City Manager Issue: Hear an update from the Martinsville-Henry County Economic Development Corporation. Summary: Mark Heath of the EDC will give this update and answer any questions. Attachments: None Recommendations: No action required City Council Agenda Summary Meeting Date: September 9, 2014 Item No: 3. Department: Fire Department Issue: Hear an update from the Fire Department regarding the City’s Insurance Services Office (ISO) Public Protection Classification rating. Summary: The Martinsville Fire Department along with other City staff recently completed efforts regarding the Public Protection Classification (PPC) survey which is analyzed by ISO to determine the City’s ISO Public Protection Classification rating. ISO’s PPC program plays an important role in the underwriting process at insurance companies with most U.S. insurers using PPC information as part of their decision-making when deciding what businesses to write, coverage to offer, or prices to charge for personal or commercial property insurance. As a result of the efforts of Martinsville Fire and other City staff involved in the process, the City’s ISO rating has improved from a previous rating of 4, to the new rating of 3. Fire Department personnel will provide an update for Council regarding this change, and the potential impact to the City. Attachments: None Recommendations: No Council action needed. This is being presented for information purposes only. City Council Agenda Summary Meeting Date: September 9, 2014 Item No: 4. Department: Public Works/Garage Issue: Hear an update from Lane Shively, Fleet Manager at the City’s Garage regarding Garage operations. Summary: During the FY15 budget review work sessions, Council expressed interest in hearing information related to the decision-making process that occurs regarding replacement of City vehicles and equipment. Lane Shively, Fleet Manager at the City Garage will provide a brief update on City garage/fleet operations as well as information utilized by the Garage and City staff in determining vehicle/equipment replacement recommendations and schedule. Attachments: None Recommendations: No Council action needed. This is being presented for information purposes only. City Council Agenda Summary Date: September 9, 2014 Item No: 5. Department: City Attorney , Commissioner of the Revenue Issue: Consider approval of revisions to BPOL Ordinance Summary: As part of its 2014 budgeting process, Council approved reform of the city’s Business Professional and Occupational Licensing (BPOL) to align the city’s gross receipts threshold amount with that utilized by Henry County. Henry County currently requires a $30 license fee for BPOL gross receipts under $100,000. At the July 22, 2014 Council meeting, Council also directed the addition of a second threshold for a no-fee license for BPOL gross receipts under $10,000. Businesses with gross receipts over $100,000 will continue to pay the gross receipts tax at the current established rates. Attachments: Ordinance amending BPOL thresholds, deletions in strikethrough, additions underlined. Recommendations: Motion to approve on first reading with roll call vote. CITY OF MARTINSVILLE, VIRGINIA ORDINANCE NO. 2014-4 AMENDMENT OF BPOL RATES AND REGULATIONS BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in regular session assembled on September 23, 2014, that Article II of Chapter 11, Section 11-32 of the City Code be amended and reenacted as follows. The effective date of this amendment and reenactment shall be January 1, 2015. Sec. 11-32. Minimum Tax; Rate of License taxes. (a) Effective January 1, 2015 and not withstanding any other provision to the contrary, businesses required to be licensed under this article with total annual gross receipts of ten thousand dollars ($10,000) or less shall pay no tax. However, such businesses shall file an annual business license application as required elsewhere in this article and shall be subject to all other provisions of this article. The commissioner of the revenue shall review the application and issue a business license if the application is in order. (b) Every business required to obtain a license under this article shall be assessed and required to pay annually a minimum license tax of thirty dollars ($30.00) for any business whose gross receipts are more than ten thousand dollars ($10,000) but one hundred thousand dollars ($100,000) or less. (c) Every business required to obtain a license under this article with gross receipts over one hundred thousand dollars ($100,000) during the preceding calendar year shall be assessed and required to pay an annual license tax on all gross receipts as set forth below: Every business required to obtain a license under this article shall be assessed and required to pay annually a license tax of thirty dollars ($30.00) or the tax set forth below, whichever is greater: (1) For contractors and persons constructing for their own account for sale, ten cents ($0.10) per one hundred dollars ($100.00) of gross receipts; (2) For retailers, twenty cents ($0.20) per one hundred dollars ($100.00) of gross receipts; (3) For real estate and professional services and financial services other than licensees under the Consumer Finance Act, chapter 6 of title 6.1 of the Code of Virginia (section 6.1-244 et seq.), fifty-eight cents ($0.58) per one hundred dollars ($100.00) of gross receipts; (4) For licensees under the Consumer Finance Act, chapter 6 of title 6.1 of the Code of Virginia (section 6.1-244 et seq.), twenty cents ($0.20) per one hundred dollars ($100.00) of gross receipts; (5) For commission merchants and for repair, personal and business services and for all other businesses not specifically listed or exempted in this article or otherwise by law, thirty-six cents ($0.36) per one hundred dollars ($100.00) of gross receipts; (d) Except as may be specifically otherwise provided by ordinance or other law, the annual license tax imposed hereunder shall be: (6) (1) For wholesalers, including peddlers at wholesale, five cents ($0.05) per one hundred dollars ($100.00) of purchases; (7) (2) For carnivals, circuses and speedways, one hundred fifty dollars ($150.00) for each day a performance is held in this city; (8) (3) For fortune-tellers, clairvoyants and practitioners of palmistry or phrenology, one thousand dollars ($1,000.00) per year; (9) (4) a. For itinerant merchants or peddlers, not exempt under section 11-33 or 11-34, fifty dollars ($50.00) per year; b. For itinerant merchants or peddlers conducting business at the City of Martinsville Farmers Market, bounded by West Church, Main, and Moss Streets, on such days and at such hours designated as Market Days by the entity designated by the city as the manager of the market, five dollars ($5.00) per year. (10) (5) For photographers who have no regularly established place of business in Virginia, as defined in section 58.1-3727 of the Code of Virginia, thirty dollars ($30.00) per year; (11) (6) For savings institutions and state chartered credit unions, which have their main office in the city, fifty dollars ($50.00) per year; (12) (7) For direct sellers, as defined in section 58.1-3719.1 of the Code of Virginia, with total annual sales in excess of four thousand dollars ($4,000.00), twenty cents ($0.20) per one hundred dollars ($100.00) of gross receipts from total annual retail sales or five cents ($0.05) per one hundred dollars ($100.00) of gross receipts from total annual wholesale sales, whichever is applicable; (13) (8) For any person, firm, partnership or corporation engaged in the business of promoting, managing, or organizing promotional shows or sales, subject to the provisions of section 11-33, twenty cents ($0.20) per one hundred dollars ($100.00) of the total gross receipts from all sales of goods or merchandise sold by individuals participating in all such promotional shows or sales; (14) (9) For any person, firm, partnership or corporation engaged in the business of furnishing heat, light, and power, whether by means of electricity or gas, in the city, one-half of one per cent of the gross annual receipts accruing from sales to ultimate consumers in the city, provided, however, that there shall be deducted from such gross receipts any sum or sums paid to the city as license taxes except motor vehicle license taxes; (15) (10) For any telegraph or telephone company doing business in the city, one-half of one per cent of the gross annual receipts accruing from sales to ultimate consumers in the city, provided, however, that receipts from charges for long distance telephone calls shall not be considered receipts of such business in the city; (16) (11) For amusement operators operating ten (10) or more coin-operated amusement machines located in the city, two hundred dollars ($200.00) per year; for amusement operators operating less than ten (10) coin-operated amusement machines located in the city, one hundred seventy-five dollars ($175.00) per year. and In addition, amusement operators shall also pay a tax on the gross receipts actually received by such operator from coin-operated machines or devices operated in the city. The gross receipts tax paid by amusement operators shall be thirty-six cents ($0.36) per one hundred dollars ($100.00) of gross receipts from the preceding year when such gross receipts exceed one hundred thousand dollars ($100,000.) only on the share of the receipts actually received by such operator from such machines operated in the city, or thirty dollars ($30.00), whichever is greater; and in addition, Each amusement operator shall furnish to the commissioner of revenue a complete list of all machines on location located in the city and the address of each location on or before January 31 of each year; and each machine shall have conspicuously located thereon a decal, sticker, or other adhesive label, no less than one by two (1 × 2) inches in size, clearly denoting the operator's name and address. (Ord. No. 96-13, § 11-1(L), 11-26-96; Ord. No. 97-2, 1-28-97; Ord. No. 2012-1, 4-24-2012) ********* Attest: ________________________________ Brenda Prillaman, Clerk of Council _______________ January 1, 2015 Date Adopted Date Effective City Council Agenda Summary Date: September 9, 2014 Item No: 6. Department: City Attorney Issue: Consider approval on second reading of ordinance regarding electronic summons court assessment. Summary: The 2014 General Assembly passed legislation allowing localities to assess a maximum of $5.00 on every criminal and traffic case, to fund software, hardware, and associated equipment costs for the implementation and maintenance of an electronic summons system. This assessment has been requested by the Circuit Court Clerk and the Police Department. Attachments: Amended ordinance (see new subsection “c”) Recommendations: Motion to approve on second reading with roll call vote CITY OF MARTINSVILLE, VIRGINIA ORDINANCE NO. 2014-1 ELECTRONIC SUMMONS SYSTEM COURT ASSESSMENT BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in regular session assembled on September 9, 2014, that section 1-15 of the Code of the City of Martinsville, be amended as follows: Sec. 1-15. Special court costs assessments. (a) Law library. (1) Two dollars ($2.00) shall be assessed, as part of the costs incident to each civil action filed in both the courts of record and the courts not of record in the city, pursuant to section 42.1-70 of the Code of Virginia. Such assessment shall be collected by the clerk of the court in which the action is filed and such collections shall be remitted, at the end of each month, to the city treasurer, to be deposited and held by such treasurer subject to disbursements authorized by the city council or its agent for the acquisition of law books and law periodicals for the establishment, use and maintenance of a law library, which library shall be open for the use of the public, and for such other purposes as are allowed by section 42.1-70 of the Code of Virginia. (2) The assessment provided for in this section shall be in addition to all other costs prescribed by law, but shall not apply to any action in which the commonwealth or any political subdivision thereof or the federal government is a party and in which the costs are assessed against the commonwealth or any political subdivision thereof or the federal government. (b) Jail and court-related facilities; construction, maintenance, etc. (1) The sum of two dollars ($2.00) be, and it hereby is, assessed as part of the costs in each civil action filed in the general district court of the city, the juvenile and domestic relations district court of the city, and the circuit court of the city, and in each criminal and traffic case in said general district court, juvenile and domestic relations district court or said circuit court in which the defendant is charged with a violation of any statute or ordinance, which assessment shall be collected by the clerk of the court in which the action is filed and remitted to the city treasurer and held by such treasurer subject to disbursement by the council for the construction, renovation or maintenance of courthouse or jail and court-related facilities and to defray increases in the cost of heating, cooling, electricity and ordinary maintenance. (2) The assessment provided for herein shall be in addition to any other fees prescribed by law. (c) Electronic summons system (1) The sum of five dollars ($5.00) is hereby assessed as part of the costs in each criminal or traffic case in the juvenile and domestic relations court, general district court and circuit court of the city, in which the defendant is charged with a violation of any statute or ordinance. The assessment shall be collected by the clerk of the court in which the action is filed, remitted to the city treasurer, and held by the city treasurer subject to disbursements by the city council to any local law-enforcement agency solely to fund software, hardware, and associated equipment costs for the implementation and maintenance of an electronic summons system. (2) The assessment provided for herein shall be in addition to any other fees prescribed by law. (Statutory authority for subsection c: Code of Virginia § 17.1-279.1) (Code 1971, § 1-8; Ord. No. 92-12, 7-28-92; Ord. No. 98-1, 1-13-98, Ord.14-1, 7-7-14) ********* Attest: ________________________________ Brenda Prillaman, Clerk of Council _______________ _______________ Date Adopted Date Effective

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