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City Council

Regular Meeting

Martinsville, VA · April 26, 2016

AgendaMinutes

Minutes

April 26, 2016 The regular meeting of the Council of the City of Martinsville, Virginia, was held on April 26, 2016, in Council Chambers, Municipal Building, at 7:30 PM with Mayor Danny Turner presiding. Council Members present included: Danny Turner, Jennifer Bowles, Gene Teague, Mark Stroud and Sharon Brooks Hodge. Staff present included: City Manager Leon Towarnicki, Assistant City Manager Wayne Knox, Clerk of Council Karen Roberts, Finance Director Linda Conover, Commissioner of Revenue Ruth Easley, Public Works Director Jeff Joyce, Senior Services Coordinator Betsy Pace, IT Director Esther Artis, Fire Chief Ted Anderson, Telecommunications Director Mike Scaffidi, Sheriff Steve Draper, Deputy Fire Marshall Andy Powers, and Police Chief Sean Dunn. Mayor Turner called the meeting to order and advised Council would go into Closed Session beginning at 7:00 PM. In accordance with Section 2.1-344 (A) of the Code of Virginia (1950, and as amended) and upon a motion by Council Member Hodge, seconded by Council Member Stroud, with the following 5-0 recorded vote: Council Member Hodge, aye; Vice Mayor Bowles, aye; Council Member Stroud, aye; Council Member Teague, aye; and Mayor Turner, aye. Council convened in Closed Session for the purpose of discussing the following matters: (A) Appointments to boards and commissions as authorized by Subsection1. and (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 Hodge, seconded by Bowles, with the following 5-0 recorded vote in favor to return to Open Session: Council Member Stroud, aye; Mayor Turner, aye; Council Member Teague, aye; Vice Mayor Bowles, aye; Council Member Hodge, aye. Stroud made a motion to recommend to Judge Carter Greer that Richard Howell be appointed to the Board of Zoning Appeals for an unexpired term ending September 22, 2019. Hodge seconded the motion with all Council Members voting in favor. Teague made a motion to appoint Ashby Pritchett, Elizabeth Moore, Walt Shaw and Mary Brown to the Architectural Review Board for a term ending March 31, 2018. Bowles seconded the motion with all Council Members voting in favor. Following the invocation by Council Member Stroud and Pledge to the American Flag, Mayor Turner welcomed everyone to the meeting. Consider presentation of a proclamation recognizing Friday, April 29, 2016 as National Arbor Day – Vice Mayor Bowles read the proclamation and presented it to Wayne Knox. Mr. Knox accepted the proclamation on behalf of the Tree Board of the City of Martinsville. April 26, 2016 Presentation of proclamation regarding National Correctional Officers and Employees week – Council Member Stroud read the proclamation and presented it to Sheriff Steve Draper. Sheriff Draper thanked Council Members and invited them to the dinners on May 3 and 4, 2016 being held for those officers and employees. April 26, 2016 Consider approval of minutes of the April 12, 2016 Council Meeting - on a motion by Bowles, seconded by Stroud, with a 5-0 Council vote in favor to approve, the minutes were approved as presented. Conduct a public hearing on FY17 Budget and consider approval of FY17 Budget Ordinance on first reading - City Manager Towarnicki highlighted the proposed budget and the steps to prepare that, budget cuts for various departments, funding for the Senior Center, School funding, Dental Clinic funding, Fire Department funding, Meals tax, etc. Stroud stated that he voted in error at the previous work session. Stroud made a motion to revisit the funding cut for the EDC, Teague seconded the motion. Hodge stated that the per capita is the funding level she felt the City should be paying all along and that they should not give up a seat. Turner said the Council should have some opinion of who would take that seat. Bowles understands the concerns and feels that losing the seats does not change the voting power. Turner says that it is unfortunate that an African American woman is on the board and that would be the seat that is eliminated. Council Members voted to reconsider funding the EDC at $100,000 and to give up one EDC seat: Stroud, aye; Bowles, aye; Teague, aye; Turner, nay; and Hodge, nay. Mayor Turner opened the floor to public comments. April 26, 2016 Ural Harris, 217 Stewart Street – stated he does not agree with budget decisions and that some of the departments being cut are the most important to the community. He thanked Hodge for her support of the Senior Center. He does not agree with EDC funding decision. Mary Ann Ferris, 931 Myrtle Rd – said thank you for not eliminating Senior Services and she uses the programs and the transportation. She asked what would happen after this year and if the services would still be available. Hodge said her hope is to partner with other agencies over the next year so there can be a transition and services will not be lost. Bowles asked the City Manager to explore options using the PART bus to aid in senior transportation. Dr. Craig Deitrich, 1227 Lanier Road and member of school board – stated that the reduction of the school board budget is a painful cut. Teresa Fontaine, Director of Southern Area Agency on Aging – thanked Council for the restoration of the Senior Center and shared additional information on the senior population. Joe Martin, 617 E. Church Street – asked how much funding is going towards the Senior Center. Towarnicki said it would be around $200,000. Martin referred to his idea from the previous year to save money that could be returned to the school board. Gloria Hylton, 402 Second Street – she stated that she is glad the Senior Center funding was restored. She expressed concern of the reduction of the Police and Fire Departments and felt that the meals tax should be reconsidered to provide funding where needed. Mayor Turner closed the public hearing. City Attorney Monday explained that Council Member Stroud and Vice Mayor Bowles had signed a disclosure and both could objectively participate in budget discussions and vote. Teague made a motion to adopt the budget as amended on first reading. Bowles seconded the motion. Stroud asked about the loan to repair the sewer line and the requirement to have the ability to raise the revenue to repay that loan and if the water/sewer rate increase is adjustable. Towarnicki explained it includes a revenue bond so the revenue from water and sewer serves as a guarantee of repayment. There must be sufficient revenue to satisfy conditions of the loan. Stroud mentioned that a sludge press would decrease the cost of sludge disposal at the landfill. Teague thanked those departments who had budget cuts including the school board, fire, police and sheriff departments and the seven individuals who will no longer have a position with the City. He emphasized that the budget is painful but the City is not broke. Teague thanked City Manager Towarnicki and Linda Conover in Finance for their hours invested. Roll Call vote: Bowles, aye; Turner, aye; Stroud, aye; Hodge, aye; Teague, aye. April 26, 2016 Hear overview of April 25, 2016 Southside area Neighborhood tour and meeting – City Manager Towarnicki summarized the Southside Neighborhood meeting, detailing locations visited. The meeting at Fuller Memorial Church included an update from the Property Maintenance department and touched on concerns related to speeding, stop signs and stoplights, questions on meter replacement, all-terrain vehicle comments, and guardrail removal concern. There were concerns brought up about laser beams and flying drones. Comments were made about possible dumping locations and lack of youth activities. Visitmartinsville.com forwarded a list of activities for youth. Towarnicki also described several camps that are being held for youth in the area through the school system. He also mentioned church and the sports complex activities that are available. Teague suggested getting the RADAR bus involved to see if the bus could alter the route to accommodate citizens wanting to attend some activities. Conduct a public hearing required under the exemption ordinance enacted in January 2007 for an organization requesting local tax exemption and consider granting the requested exemption – Commissioner of Revenue Ruth Easley summarized the exemption request that is done once a year. There was only one organization that requested the exemption. A committee was formed and met, providing a report and recommendation not to provide exemption of this organization. Hodge shared her reasoning why it would be a disservice to April 26, 2016 reject this exemption. James Hagwood, representative of the Community Development Corporation of Martinsville-Henry County, Inc. described how the organization does not make profit and their plans for the properties they currently own. Teague says he supports the organization, but not necessarily the tax exemption. Wayne Knox said the two properties were purchased through a grant and form contributions from board members. His opinion is this CDC has the opportunity to grow and be beneficial to the City and the Westend. The best way to support the mission of the organization is through contributions. Hodge asked if Council could consider the exemption with specific thresholds. Monday explained that that Council would not have that authority but they may possibly include an annual “sunset” provision in the ordinance. Easley explained that by including provisions they are dictating how the organization is run and the purpose of the ordinance is so Council would not go through this consideration each year. Hodge made a motion to grant the exemption, Bowles requested additional time to consider the request. Teague asked if Council would consider adding this organization to the budget as a funded outside agency rather than approving the tax exemption ordinance. Monday said that decision would need to be made at the next meeting since the budget was already approved on first reading. Mayor Turner opened the public hearing with no one approaching the podium. Council requested this request be tabled until the next meeting April 26, 2016 Consider approval of consent agenda - A motion was made by Bowles and seconded by Hodge to approve the consent agenda as presented, all Council Members voted in favor. April 26, 2016 Comments by members of City Council – Stroud said he is grateful that a local child missing the night before was found safely. Hodge said that she is glad that Council was able to pass budget in majority agreement. Bowles wished her grandfather a happy birthday. She explained National College signing day and said she would be celebrating at Martinsville High School on Wednesday April 26, 2016 with an increase in students who will be enrolling. She stated that 72% of MHS seniors had applied to colleges. Turner stated he was not happy with the EDC decision. Comments by City Manager – Towarnicki stated the budget was not an easy decision and he thanked Ms. Conover, Mr. Knox and other department heads for their cooperation. This budget was challenging and they will begin working on FY18 budget within a month of finalizing FY17. Looking ahead, the next year budget will be another challenge. City Attorney Monday said that Carlisle school ranked high again on the Business Insider school surveys. Business from the Floor (not televised) – Ural Harris, 217 Stewart St – stated that he finds the budget disturbing because Council cut some of the most important departments. He expressed concerns about the City Electric portfolio and would like Council to find a way out of the electric deal. Ms. Hylton, stated in February Council recognized African American Council Members. She asked if the church could display the plaque in Mr. Hobson’s honor. April 26, 2016 She asked if additional money is found in the budget that it be reinstated to the Police department. Turner asked City Manager if Mr. Hobson’s picture could be copied and provided to the church. Joe Martin, 617 E. Church St said he supports Teague’s opinions on the CDC support and the Westend does need special attention through this organization. There being no further business, a motion was made by Teague to adjourn the meeting, seconded by Hodge with all Council Members voting in favor. The meeting adjourned at 9:35pm. ______________________________________ ______________________________________ Karen Roberts Danny Turner 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, April 26, 2016 7:00 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. 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 7:30—Regular Session Invocation & Pledge to the American Flag- Council Member Stroud 1. Consider approval of minutes of the April 12, 2016 Council Meeting (2 mins) 2. Conduct a public hearing on FY17 Budget and consider approval of FY17 Budget Ordinance on first reading. (45 mins) 3. Hear overview of April 25, 2016 Southside area Neighborhood tour and meeting (10 mins) 4. Presentation of proclamation regarding National Correctional Officers and Employees week (5 mins) 5. Conduct a public hearing required under the exemption ordinance enacted in January 2007 for an organization requesting local tax exemption and consider granting the requested exemption (10 mins) 6. Consider approval of consent agenda (2 mins) 7. Comments by members of City Council. (5 mins) 8. Comments by City Manager. (5 mins) 9. Business from the Floor (not televised) This section of the Council meeting provides citizens the opportunity to discuss matters, which are not listed on the printed agenda. 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. City Council Agenda Summary Meeting Date: April 26, 2016 Item No: 1. Department: Clerk of Council Issue: Consider approval of minutes from April 12, 2016 Council Meeting. Summary: None Attachments: April 12, 2016 Council Meeting minutes Recommendations: Motion to approve minutes as presented. April 12, 2016 The regular meeting of the Council of the City of Martinsville, Virginia, was held on April 12, 2016, in Council Chambers, Municipal Building, at 7:30 PM with Mayor Danny Turner presiding. Council Members present included: Danny Turner, Gene Teague, Mark Stroud and Sharon Brooks Hodge. Staff present included: City Manager Leon Towarnicki, Assistant City Manager Wayne Knox, Clerk of Council Karen Roberts, Community Planner Susan McCulloch, Finance Director Linda Conover, Budget Analyst Mary Prillaman, Commissioner of Revenue Ruth Easley, Public Works Director Jeff Joyce, Senior Services Coordinator Betsy Pace, IT Director Esther Artis, and Police Chief Sean Dunn. Vice Mayor Bowles arrived at 8:10pm Mayor Turner called the meeting to order and advised Council would 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 Council Member Teague, seconded by Council Member Hodge, with the following 4-0 recorded vote: Council Member Hodge, aye; Council Member Stroud, aye; Council Member Teague, aye; and Mayor Turner, aye. Council convened in Closed Session for the purpose of discussing the following matters: (A) Appointments to boards and commissions as authorized by Subsection1., (B) Discussion or consideration of the investment of public funds where competition or bargaining is involved where, if made public initially, the financial interest of the governmental unit would be adversely affected, as authorized by Subsection 6., and (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. 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 Council Member Hodge, seconded by Council Member Teague, with the following 4-0 recorded vote in favor to return to Open Session: Council Member Hodge, aye; Mayor Turner, aye; Council Member Teague, aye; and Council Member Stroud. Council Member Stroud made a motion to appoint Dr. John McCraw to the Patrick Henry Community College Board for a four-year term expiring June 30, 2020. Council Member Teague seconded the motion, all Council Members voted in favor. Council Member Hodge made a motion to appoint Alicia Brown to the Comprehensive Services Act Community Policy and Management Team for a two-year term expiring December 31, 2017. Council Member Teague seconded the motion, all Council Members voted in favor. Following the invocation by Council Member Teague and Pledge to the American Flag, Mayor Turner welcomed everyone to the meeting. April 12, 2016 Consider approval of minutes of the March 21, 2016 Neighborhood Meeting and March 22 Council Meeting - on a motion by Council Member Hodge, seconded by Council Member Stroud, with a 4-0 Council vote in favor to approve, the minutes were approved as presented. Recognize local resident Patricia Via and daughter Telesa Via for their work in regard to the MLC Cancer Foundation – a video was played for those in attendance. Council Member Hodge read the plaque presented to Patricia Via and Telesa Via. Patricia Via thanked Council for the recognition and explained the award and the testing process to those in attendance. Presentation of proclamation recognizing April as Sexual Assault Awareness Month – Mayor Turner read the proclamation and Mary Jones, Citizens Against Family Violence Advocate was in attendance to receive the proclamation. Ms. Jones thanked Council Members for the recognition and said sexual assault reports are prevalent in the community. She asked residents to speak up if they see something going on. CAFV provides counseling and assistance to those who fall victim to sexual assault. Conduct a public hearing regarding a request from Gordon Metz for the abandonment of a section of Lester Lane and a remnant of a parcel acquired for the Liberty Street project – Susan McCulloch explained the abandonment request made by Mr. Metz, the 6-0 vote by the Planning Commission to approve the abandonment per staff recommendation and the stipulations required of the property owner. Mr. Metz said he is trying to get the property “pad ready” for a future business and explained the process of preparing the lot. Mayor Turner opened the meeting to public hearing. No one approached the podium to speak. Mayor April 12, 2016 Turner closed the public hearing. Teague made a motion to abandon the property on Lester Lane subject to conditions outlined in the document, Stroud seconded the motion. All Council Members in attendance voted in favor. Teague made a motion to abandon the 1,149sf remnant of a parcel acquired for the Liberty Street Project at end of Lester Lane; Stroud seconded the motion, all Council Members in attendance voted in favor. Set a public hearing as required under the exemption ordinance enacted in January 2007 for consideration of the organization’s local tax exemption request – City Manager Towarnicki explained the exemption ordinance and requested Council Members set a public hearing for April 26, 2016. Council Member Hodge made a motion to set the public hearing for April 26, 2016, Council Member Teague seconded the motion with all Council Members voting in favor. April 12, 2016 April 12, 2016 Comments by members of City Council – Council Member Stroud said the Martinsville race has come and gone and said aside from cold temperatures it was a good weekend for Martinsville. He said this spring in the City is prettier than years past and he thanked the City crews for the trash pickup and keeping the streets clean. Council Member Hodge congratulated Helen Howell for receiving an award from the National Society of Black Engineers. Mayor Turner added that Ms. Howell would be recognized Wednesday April 19, 2016 by the General Assembly. He summarized his trip to the Japanese embassy in Richmond along with Vice Mayor Bowles. He said it was a great honor to be included in this event. Vice Mayor Bowles added that she and the Mayor met and networked with several important people at the Japanese embassy. She and Mayor Turner also attended the second annual Don’t Count Me Out event in the community. Comments by City Manager – Leon Towarnicki said Monday April 25, 2016 will be the next Neighborhood Council meeting for Southside community at Fuller Memorial Church. He spoke of the beautiful flowerbed in front of the municipal building and recognized Carrie Zimmer for her work and said she was assisted by some of the City inmates. He mentioned that the School Board work session scheduled for Thursday April 14, 2016 may need to be rescheduled due to a couple of Council Members and School Board Members scheduling conflict. City Manager FY17 Proposed Budget presentation – City Manager Towarnicki presented a PowerPoint to detail the FY17 proposed budget. Council Member Hodge asked if there could April 12, 2016 be studies to find out what impact the proposed meals tax increase would have on local restaurants. Hodge requested details on how reducing the Finance Department staff would affect that department. Stroud asked how many citizens use the Senior Services on a daily basis. Hodge asked for confirmation that the Water and Sewer rate increase was $3.00 each and not a combined total. Bowles clarified for the citizens that most residents do not reach the 4,000 gallon water usage minimum. Towarnicki stated that twice as much work went into this budget than any other that he’s been involved in and thanked the City departments for their cooperation. He extended a special thanks to Linda Conover in Finance, Assistant City Manager Wayne Knox and the Human Resources Department. He will let Council know when a decision is made regarding the April 14, 2016 work session. There are also work sessions scheduled for April 19 and 21, 2016. He asked Council to set the public hearing for April 26, 2016 with second reading on May 10, 2016. Vice Mayor Bowles made a motion to set the public hearing for April 26, 2016. Council Member Hodge seconded the motion with all Council Members in favor. Hodge thanked Towarnicki for the hard work put into the budget preparation. She asked if there was a dollar amount associated with the removal of the Senior Services program. Towarnicki said he would get her a more accurate amount. Business from the Floor (not televised) – Joe Martin, East Church Street – he’s been working with a group questioning the I73 corridor, those members request that they be added to a future agenda in relation to the I73 corridor concerns. There being no further business, a motion was made by Teague to adjourn the meeting, seconded by Stroud with all Council Members voting in favor. The meeting adjourned at 9:25pm. ______________________________________ ______________________________________ Karen Roberts Danny Turner Clerk of Council Mayor City Council Agenda Summary Meeting Date: April 26, 2016 Item No: 2. Department: City Attorney Issue: Conduct a Public Hearing on the FY16-17 Budget and consider approval of FY17 Budget Ordinance on first reading. Summary: Attached is the summary of the 2016-17 Budget in ordinance form Attachments: 2017 Budget Ordinance Recommendations: Conduct a public hearing and consider adoption on first reading with a roll call vote. CITY OF MARTINSVILLE, VIRGINIA ORDINANCE No. 2016-U- The Budget for Fiscal 2016-2017 BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in regular session assembled April 26, 2016, that the following sums of money be and hereby are appropriated – by specified Fund – for the City’s fiscal year ending June 30, 2017, from the following Fund sources of estimated revenue: SUMMARY STATEMENT OF BUDGET ESTIMATES 2016-2017 Changes Fund Projected Budgeted in Fund Revenues Expenditures Balance General $ 27,987,161 $ 30,127,382 $(2,140,221) Meals Tax $ 2,168,373 $ 2,568,373 $ (400,000) Capital Reserve $ 995,018 $ 1,031,517 $ (36,499) Refuse $ 2,205,000 $ 2,430,000 $ (225,000) Telecommunications $ 1,666,425 $ 1,386,014 $ 280,411 Water $ 3,591,000 $ 2,764,857 $ 826,143 Sewer $ 4,230,512 $ 3,984,277 $ 246,235 Electric $ 19,924,740 $ 20,373,740 $ (449,000) Cafeteria* $ 1,464,085 $ 1,464,085 - Schools** $ 22,993,538 $ 22,993,538 $ - CDBG $ 17,080 $ 2,550 $ 14,530 Totals $ 87,242,932 $ 89,126,333 $ (1,883,401) *Cafeteria – As estimated by school personnel. **Schools – As recommended by City Manager. Tax Rates (unchanged): Real Estate: $1.0621 per $100 assessed value Personal Property: $2.30 per $100 assessed value Machinery & Tools: $1.85 per $100 assessed value Proposed for Electric: Average Increase 4.97% Proposed for Water: $3 per month Proposed for Sewer: $3 per month BE IT FURTHER ORDAINED by the Council that this Ordinance shall be effective on and after July 1, 2016. ****** Attest: ___________________________ Karen Roberts, Clerk of Council ___________________________ _____________________ Date Adopted Date Effective City Council Agenda Summary Meeting Date: April 26, 2016 Item No: 3. Department: City Council Issue: Hear an overview of the April 25, 2016 Southside area Neighborhood Tour and Meeting. Summary: Mayor Turner will give this update. Attachments: None Recommendations: No action required City Council Agenda Summary Meeting Date: April 26, 2016 Item No: 4. Department: City Council Issue: Presentation of proclamation regarding National Correctional Officers and Employees Week. Summary: Sheriff Steve Draper will be present to accept the proclamation. Attachments: none Recommendations: For information. PROCLAMATION National Correctional Officers and Employees Week WHEREAS, one of the primary goals for the City of Martinsville is to provide its citizens with an effective judicial system that concentrates on quality for all of our citizens; and WHEREAS, the City of Martinsville’s dedicated correctional officers are essential to the success of our judicial process, and our correctional officers’ work includes daily exposure to a hostile environment with many of the most dangerous individuals in our society; and WHEREAS, Correctional Officers contribute daily to the protection of our citizens by housing dangerous felons in a humane environment, often at great risk to the officers’ own protection; and WHEREAS, the City of Martinsville is pleased to join with officials and distinguished correctional officers across America to recognize the achievements of these dedicated individuals. We are indebted to the International Association of Correctional Officers for continuing to emphasize the accomplishments of correctional officers worldwide; now, therefore FOR THESE SIGNIFICANT REASONS, I, Danny Turner, Mayor of the City of Martinsville, Virginia, do hereby proclaim May 1-May 7, 2016, “NATIONAL CORRECTIONAL OFFICERS AND EMPLOYEES WEEK” in the City of Martinsville and commend this observance to all of our citizens. ______________________________ Danny Turner Mayor City Council Agenda Summary Meeting Date: April 26, 2016 Item No: 5. Department: City Manager, Commissioner of the Revenue Issue: Conduct a public hearing required under the exemption ordinance enacted in January 2007 for an organization requesting local tax exemption and consider granting the requested exemption Summary: Under the provisions of the Exemption Ordinance enacted by council in January 2007, any entity that does not clearly fall into any exemption category granted by the Code of Virginia must request an exemption approval from the city council in the form of an exemption ordinance. In order for the exemption request to be considered by council as part of the annual budget deliberations, the requesting entity must have submitted an exemption application to the Commissioner of the Revenue by November 1, 2015. After notification by the Commissioner of the Revenue that an organization submitted an application for determination for local tax exemption, the City Manager appointed a review committee consisting of himself, Vice-Mayor Bowles, the City Commissioner of the Revenue, the City Treasurer, and an accountant from the Finance Department to review the application received. Community Development Corporation of Martinsville-Henry County Inc. is the only organization that submitted an application for a local exemption designation. Attachments: Review Committee Recommendation Exemption Definitions Review Criteria Draft Sample Ordinance Exemption Definitions As Defined by Va. Courts Benevolent – Philanthropic; humane; having a desire or purpose to do good to men; intended for conferring benefits, rather than for gain or profit. (Manassas Lodge No. 1380, Loyal Order of Moose, Inc. v. County of Prince William, 218 Va. 220, 237 S.E. 2d 102 (1977)) Charitable – Liberal in benefactions to the poor; beneficent. (City of Richmond v. United Givers Fund of Richmond, Henrico & Chesterfield, Inc., 205 Va. 432, 137 S.E. 2d 876 (1964)) NOTE: A charitable organization should be organized and conducted to perform some service of public good or welfare based on the above mentioned court cases. As Defined by Va. Constitution Article X §6 Educational Exemption – Limited to institution of learning operated not for profit, provided the property is used for literary, scientific, or educational purposes or purposes incidental thereto. As Defined by Webster’s New Collegiate Dictionary Cultural – Of or relating to enlightenment and excellence of taste acquired by intellectual and aesthetic training; acquaintance with and taste in fine arts, humanities, and broad aspects of science as distinguished from vocational and technical skills. Educational – The field of study that deals mainly with methods of teaching and learning in schools. Historical – Of or relating to a branch of knowledge that records and explains past events. Museum – An institution devoted to the procurement, care, study, and display of objects of lasting interest or value; a place where objects are exhibited. Patriotic – Befitting or characteristic of a patriot (one who loves his country and zealously supports its authority and interests.) EXEMPTION CRITERIA TO CONSIDER Pursuant to Code of Virginia §58.1-3651, the local governing body shall consider the following questions before granting an exemption from local taxation to any nonprofit organizations: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in-kind or other material services; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. Other Exemption Criteria Not Specifically Identified in Code of Virginia §58.1-3651 The City Council should consider the following criteria, facts and circumstances as may be pertinent: (a) Whether the organization is current on all its obligations to the City; (b) Whether the organization is in compliance with all City ordinances and regulations, including (but not limited to) building, subdivision and zoning ordinances; (c) Whether the property for which the exemption is sought relates to the purposes for which the organization was created and tends to directly promote those purposes; (d) Whether the service(s) provided by the organization are services the City would provide if the requesting organization did not do so; (e) Whether the organization meets a general public need for which the benefits derived by the community at-large are equivalent to or exceed the City’s loss in revenue from taxes on the entity’s real and personal property; (f) Whether the service(s) provided by the organization meet an established priority of the City Council; and (g) Any other criteria, facts and circumstances that the Council may deem appropriate and pertinent. ORDINANCE 2016-______ BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in regular session held on April 26, 2016 and pursuant to Section 58.1-3651 of the Code of Virginia, that Section 21-12 of the City Code be amended to add a subsection O as follows: (o). Taxation exemption for Community Development Corporation of Martinsville- Henry County, Inc. After convening a duly advertised public hearing and considering the factors set forth in Code of Virginia § 58.1-3651(B), the City Council of Martinsville Virginia hereby ordains the following: 1. The Community Development Corporation of Martinsville-Henry County, Inc., a nonprofit organization, is hereby classified and designated as a charitable organization within the context of Section 6(a)(6) of Article X of the Constitution of Virginia. 2. Real property owned by Community Development Corporation of Martinsville- Henry County, Inc., and used exclusively for educational, benevolent and charitable purposes on a nonprofit basis, as set forth in subsection A. of this section, is hereby determined to be exempt from local real property taxation. 3. Continuance of the exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is classified or designated. Attest: __________________________________ Karen Roberts, Clerk of Council __________________________________ Date Adopted __________________________________ Date Effective Exemption Review Committee Report April 4, 2016 Applicant: Community Development Corporation of Martinsville-Henry County, Inc. Organization Mission Statement: To serve as a community development organization with a focus for revitalizing and rebuilding Martinsville's West End community, thereby fostering the creation and attraction of new business, retaining and expanding jobs and assisting in the retention and expansion of existing businesses in Martinsville and Henry County. Answers to Review Criteria: 1. The organization has been granted IRS 501 (c ) (3) designation 2. The organization does not have an annual special events ABC license 3. The organization's application indicates that there are no employees and the officers do not receive salaries. 4. Net earnings of the organization do not inure to the benefit of any individual, however, exact funding sources could not be discerned due to the newness of the entity. 5. The organization's stated purpose is to focus on "revitalizing and rebuilding Martinsville's West End Community thereby fostering the creation and attraction of new business, retaining and expanding jobs and assisting in the retention and expansion of existing businesses in Martinsville and Henry County." 6. No substantial part of the organization's activities is to influence legislation or campaign on behalf of a political candidate. 7. Real Estate Tax Revenue Impact: $721.16 is the current annual tax assessment for the 2 properties owned by the organization. 8. The organization does not meet a general public need that exceeds the City's loss in revenue from taxes. Simialr rehabilitation projects are currently performed by other private individuals that are not tax exempt. And also by Habitat for Humanity a non-profit entity. Additional Review Critera: a. The organization has unpaid real estate tax liability b. The organization has not obtained building permits for any of the rehabilitation work, but depending on the nature of the work, they may not need one. The organization has not stated that the property use would change from the current residential zoning so they are compliant with current subdivision and zoning ordinances. c. The properties for which the exemption is sought potentially relate to the purposes for which the organization was created. If any property is leased and becomes income producing any exemption granted could be lost pursuant to Code of Virginia §58.1-3603. d. The City is providing some property rehabilitation through grant programs administered through the Martinsville Redevelopment and Housing Authority. e. The organization is providing services that are currently being provided by private investors or through the Martinsville Redevelopment and Housing Authority f. The organization does provide a service that meets an established priority of City Council, but the same kind of service is also provided by private investors, Habitat for Humanity, and the Martinsville Redevelopment and Housing Authority. g. Other criteria to consider: No other criteria was considered by the committee. Fiscal Impact: The organization currently owns 2 properties: 508 Fayette Street and 610 Fayette Street. Current annual tax on 508 Fayette Street is $403.60. Current annual tax on 610 Fayette Street is $317.57. Total annual real estate tax for both properties is $721.17. The organization has not reported owning any business personal property in the City of Martinsville. Review Committee Recommendation: The Review Committee does not recommend exemption at this time for the following reasons: (1) The organization indicated that the property at 508 Fayette St. will be rented when the property is rehabilitated as a source to fund their ongoing projects. If exempt property becomes a source of income it loses its exempt status pursuant to Code of Virginia §58.1-3603. (2) There is a concern of fairness and equity to other private investors who are essentially doing the same kind of rehabilitation and do not benefit from tax exemption. (3) The organization has not paid the current tax liability on the two properties that they have acquired since August 2015. City Council Agenda Summary Meeting Date: April 26, 2016 Item No: 6. Department: Finance Issue: Appropriation Approvals Summary: The attachment amends the FY16 Budget with appropriations in the following funds: General: $ 31,881 – Recovered Costs; Asset Forfeiture Funds; Donations Sewer: $ 747,924 – VRA Reimbursement Attachments: Consent Agenda 4-26-16 Recommendations: Approve BUDGET ADDITIONS FOR 04/26/16 ORG OBJECT DESCRIPTION DEBIT CREDIT FY16 General Fund: 01100909 490104 Advance/Recovered Costs 2,108 01331108 501300 Sheriff/Corrections - Part-time & Temporary Wages 1,590 01331108 502100 Sheriff/Corrections - Social Security 99 01331108 502110 Sheriff/Corrections - Medicare 23 01331108 506008 Sheriff/Corrections - Vehicle Equipment & Maint. 318 01331110 506200 Sheriff/Annex - Prisoner Allowance 78 Reimbursement from Henry County for litter pickup-March 01101917 442402 Categorical Other State - Confiscated Assets - C Atty 229 01221082 506105 Comm Atty - Conf Assets State 229 01101917 442401 Categorical Other State - Confiscated Assets - Police 229 01311085 506078 Police Dept - Conf Assets State 229 State Asset Forfeiture Proceeds 01100908 480406 Miscellaneous Revenues - Donations/Recreation 300 01711210 506007 Recreation - Equipment & Supplies 300 Team Sponsor donations 01100909 490801 Recovered Costs - Senior Services 1,901 01100908 480420 Donations/Senior Citizens 1,800 01714212 501300 Senior Citizens - Part-time Wages 1,204 01714212 502100 Senior Citizens - Social Security 75 01714212 502110 Senior Citizens - Medicare 17 01714212 506049 Senior Citizens - Vehicle Fuels 605 01714212 506016 Senior Citizens - Program Supplies 1,800 Transportation Grant - Jan.-March; Donations 01100909 490139 Recovered Costs - CIT Program 25,314 01311085 501215 Police Dept - O/T - CIT Program 1,161 01311085 502100 Police Dept - Social Security 72 01311085 502110 Police Dept - Medicare 17 01331108 501215 Sheriff - Corrections - O/T - CIT Program 22,354 01331108 502100 Sheriff - Corrections - Social Security 1,386 01331108 502110 Sheriff - Corrections - Medicare 324 Reimbursements for Crisis Intervention Program Total General Fund: 31,881 31,881 Sewer Fund: 13103936 407700 Indebtedness - VRA Loan Proceeds 747,924 13551326 508224 Wastewater Maintenance - SRI Project - Phys. Plant Exp. 747,924 VRA Reimbursement #1 Total Sewer Fund: 747,924 747,924

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