City Council
Regular MeetingMartinsville, VA · April 26, 2016
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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