City Council
Regular MeetingMartinsville, VA · May 10, 2016
Minutes
May 10, 2016
The regular meeting of the Council of the City of Martinsville, Virginia, was held on May
10, 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: City Manager Leon Towarnicki,
Assistant City Manager Wayne Knox, Clerk of Council Karen Roberts, Finance Director Linda
Conover, Commissioner of Revenue Ruth Easley, Police Chief Sean Dunn and IT Director
Esther Artis.
Mayor Turner called the meeting to order. Following the invocation by Council Member
Teague and Pledge to the American Flag, Mayor Turner welcomed everyone to the meeting.
Consider providing assistance to the Henry-Martinsville Health Department in regard to
implementation of several capital projects at the facility on Commonwealth Boulevard – City
Manager Towarnicki explained that the Health Department had three projects that they are
requesting the City’s assistance including an addition to the parking area, remodeling of the
lobby area and replacing aged heating and air conditioning equipment. The City contracts for
the work, hires the contractors and pays the invoices then the Health Department refunds the
costs. Ann Lovett was present to answer any questions. Council Member Teague made a
motion to provide assistance as outlined in the addendum. Council Member Hodge seconded
the motion with all Council Members voting in favor to provide assistance.
Consider approval of minutes of the April 18, 19 and 21, 2016 Work Sessions, April 25,
2016 Neighborhood Meeting and April 26, 2016 Meeting – Vice Mayor Bowles made a motion
to approve all minutes as presented. Council Member Teague seconded the motion with all
Council Members voting in favor to approve the minutes.
Consider presentation of a Proclamation regarding National Police Week 2016 and Peace
Officers’ Memorial Day – Council Member Stroud read the proclamation and presented it to
Police Chief Dunn who thanked Council Members for the recognition on behalf of the
Martinsville Police Department.
May 10, 2016
Consider recognizing the month of May, 2016 as GBS/CIDP (Guillian-Barre Syndrome
and Chronic Inflammatory Demyelinating Polyneuropathy (CIDP) awareness month – Council
Member Teague read the proclamation and Mayor Turner presented it to Rick Forney, local
GBS/CIDP liaison. Mr. Forney shared his story with Council. He thanked Council for the
Proclamation and allowing him to speak on the syndrome, stating there is so much about
GBS/CIDB that is not known.
May 10, 2016
Consider recognizing the Martinsville-Henry County chapter of National Society of Black
Engineers (NSBE) – Council Member Hodge read the Proclamation and presented it to Helen
Howell, founder of the local NSBE chapter and to the students in attendance. Ms. Howell
thanked Council. She explained the Nascar theme chosen this year and introduced the team
coaches. Lex Hairston explained the procedure and said that the participants were very
successful. Bryan Rucker, Male Student of the Year was introduced and thanked Ms. Howell
for her guidance.
May 10, 2016
Hear an update from Amanda Witt of the Martinsville-Henry County Chamber of
Commerce regarding activities related to the City/C-PEG Small Business Development
contract – Witt updated Council on Small Business and Entrepreneurial Incentives Strategic
Marketing Priorities. She explained the contractual agreement and the strides C-PEG has
made to advance the City’s desired key outcomes and the marketing plan. She described the
growth of the incubator and visits made to other Incubators and Farmers Markets to see what
makes those successful. They are planning Start Up Martinsville year two and continue to
work with those who participated in year one including those who did not received rewards.
She explained how they would measure growth using 2015-2016 as a benchmark. Council
Members thanked Ms. Witt and C-PEG for their partnership and excelling in what Council has
asked of them. Witt thanked City Manager Towarnicki and City Departments for their
cooperation.
Consider setting public hearing for Council’s May 24, 2016 meeting for the purpose of
receiving names of citizens interested in an appointment for one 3-year term on the
Martinsville City School Board, beginning July 1, 2016 and ending June 30, 2019 – City
Manager Towarnicki explained that a public hearing is needed at the next Council meeting.
Those residents who are interested in a position on the School Board must stand and express
their interest or be named during the public hearing. Council Members would then interview
May 10, 2016
those candidates. Vice Mayor Bowles made a motion to set the public hearing for May 24,
2016. Council Member Hodge seconded the motion with all Council Members voting in favor.
Consider approval of FY17 budget on second reading – City Manager Towarnicki briefly
summarized the proposed budget and the steps that had been taken to date with requested
cuts and changes. Council Member Teague made a motion to adopt the budget on second
reading. Vice Mayor Bowles seconded the motion. Mayor Turner asked the City Manager and
City Attorney to relook at reversion. A roll call vote was held: Hodge, aye; Turner, aye, Stroud,
aye; Teague, aye; and Bowles, aye.
May 10, 2016
Consider approval of consent agenda - A motion was made by Teague and seconded by
Stroud to approve the consent agenda as presented, all Council Members voted in favor.
May 10, 2016
Comments by members of City Council – Hodge expressed concern about decisions that
were made behind closed doors, stating that although Council passed the budget
unanimously, that is not how government should work and the residents should know who
made the proposal. Bowles congratulated those rewarded with the Start Up Martinsville
program and said she was glad the budget was approved unanimously. Turner reminded
residents of the ring ceremony for the MHS basketball team and the dedication ceremony of
the scoreboards on May 22, 2016 at 5:00pm.
Comments by City Manager – City Manager Towarnicki mentioned the May 14th Spring
Fling uptown from 9:00-2:00 and the National Club Baseball Tournament at Hooker field the
coming weekend. He said there would be a Grand Opening of the Thomas P. Dalton Idea
Center on May 19, 2016 and the Big M Awards at the Martinsville High School also on May 19
at 7:00pm. He also said that the contractors would begin to take down the Bethel Lane tank
on Wednesday May 11, 2016.
City Attorney Monday said Carlisle School was recognized as the Best Private School in
Southwest Virginia in Virginia Living Magazine.
May 10, 2016
Business from the Floor (not televised) –
Helen Howell – would like a way to display the awards and storage of material for the
National Society of Black Engineers local chapter. Mayor Turner is looking at fundraising
efforts. Stroud asked how much space they would need. Howell said a classroom size area
would be sufficient. This topic has been discussed and Hodge asked for a timeframe to settle
that discussion. Towarnicki said they could look at the Housing Office as a possible location.
Patrick Wright – wanted to know if the City handled social security concerns for those
affected by the Spruce Street Apartment fire.
There being no further business, a motion was made by Council Member Teague to
adjourn the meeting, seconded by Council Member Hodge with all Council Members voting in
favor. The meeting adjourned at 8:45pm.
______________________________________ ______________________________________
Karen Roberts Danny Turner
Clerk of Council Mayor
Agenda
AGENDA--CITY COUNCIL -- CITY OF MARTINSVILLE, VIRGINIA
Council Chambers – Municipal Building
7:30 pm regular session
Tuesday, May 10, 2016
7:30—Regular Session
Invocation & Pledge to the American Flag- Council Member Teague
1. Consider approval of minutes of the April 18, 19 and 21, 2016 Work Sessions, April
25, 2016 Neighborhood Meeting and April 26, 2016 Meeting. (2 mins)
2. Consider presentation of a Proclamation regarding National Police Week 2016 and
Peace Officers’ Memorial Day. (5 mins)
3. Consider recognizing the month of May, 2016 as GBS/CIDP (Guillian-Barre
Syndrome and Chronis Inflammatory Demyelinating Polyneuropathy (CIDP)
awareness month. (5 mins)
4. Consider recognizing the Martinsville-Henry County chapter of National Society of
Black Engineers (NSBE). (5 mins)
5. Hear an update from Amanda Witt of the M-HC Chamber of Commerce regarding
activities related to the City/C-PEG Small Business Development contract (15 mins)
6. Consider setting public hearing for Council’s May 24, 2016 meeting for the purpose
of receiving names of citizens interested in an appointment for one 3-year term on
the Martinsville City School Board, beginning July 1, 2016 and ending June 30,
2019. (5 mins)
7. Consider approval of FY17 budget on second reading. (15 mins)
8. Consider granting a tax exemption to a local non-profit and adopting an ordinance
on first reading (15 mins)
9. Consider approval of consent agenda (2 mins)
10. Comments by members of City Council. (5 minutes)
11. Comments by City Manager. (5 minutes)
12. 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: May 10, 2016
Item No: 1.
Department: Clerk of Council
Issue: Consider approval of minutes from April 18, 19 and 21, 2016
Work Sessions, April 25, 2016 Neighborhood Meeting and April 26, 2016 Council
Meeting Council Meeting.
Summary: None
Attachments: April 18, 2016 Work Session minutes
April 19, 2016 Work Session minutes
April 21, 2016 Work Session minutes
April 25, 2016 Neighborhood Meeting minutes
April 26, 2016 Council Meeting minutes
Recommendations: Motion to approve minutes as presented.
April 18, 2016
A special meeting of the Council of the City of Martinsville, Virginia, was held on
April 18, 2016, in Council Chambers, Municipal Building, at 6:30PM, to conduct a
budget worksession with Mayor Turner presiding. Council Members present included:
Mayor Turner, Vice Mayor Jennifer Bowles, Council Member Gene Teague, Council
Member Sharon Brooks Hodge, and Council Member Mark Stroud. Staff present
included: City Manager Leon Towarnicki, Clerk of Council Karen Roberts, Assistant
City Manager Wayne Knox, City Attorney Eric Monday, Finance Director Linda
Conover, and Utilities Director Durwin Joyce.
Mayor Turner and acting school board chairman Craig Dietrich opened the
meeting.
Discussion with Martinsville City Schools/School Board regarding the proposed
FY17 Budget, and School budget request: City Manager Leon Towarnicki summarized
the budget planning to date, detailing the proposed budget cuts affecting the school
board. Dietrich and school Superintendent Pamela Heath summarized a handout
provided to those in attendance.
Review of Electric Department Budget and Proposed Rate Increase: City
Manager Towarnicki and Utilities Director Durwin Joyce detailed the budget proposal
related to budget cuts and rate increase. City Attorney Monday explained the research
done on AMP Ohio contracts and what would be required for the City to get out of
those contracts.
Electric Budget and Capital: Towarnicki and Joyce summarized a handout
provided to Council Members.
Towarnicki explained the agenda for the next two work sessions and asked if
Council Members had any suggestions or preferences to let him know.
There being no further business, Council Member Hodge made a motion to
adjourn the meeting, Council Member Stroud seconded the motion with all Council
Members in favor. The meeting adjourned at 8:57pm.
___________________________________ ___________________________________
Karen Roberts, Clerk of Council Danny Turner, Mayor
April 19, 2016
A special meeting of the Council of the City of Martinsville, Virginia, was held on
April 19, 2016, in Council Chambers, Municipal Building, at 6:00PM, to conduct a
budget work session with Mayor Turner presiding. Council Members present
included: Vice Mayor Jennifer Bowles, Council Member Gene Teague, Council Member
Sharon Brooks Hodge, and Council Member Mark Stroud. Staff present included: City
Manager Leon Towarnicki, Clerk of Council Karen Roberts, Assistant City Manager
Wayne Knox, City Attorney Eric Monday, Finance Director Linda Conover, Public
Works Director Jeff Joyce, Director Water Resources Andy Lash, Telecommunications
Director Mike Scaffidi, Fleet Manager Lane Shively, City Engineer Chris Morris,
Commissioner of Revenue Ruth Easley, Fire Chief Ted Anderson, Senior Services
Coordinator Betsy Pace, Police Chief Sean Dunn, Human Resources Director Dave
Brahmstadt, and Treasurer Cindy Dickerson. Mayor Turner arrived at 6:08pm
Vice Mayor Bowles opened the meeting. City Manager Towarnicki welcomed
everyone to the meeting and explained the agenda for the night and what to expect
from the department heads.
Ted Anderson, Fire Chief – impact of 5% reduction: Chief Anderson explained
budget cuts and how those cuts affected the Inspections department, Fire department
staffing, travel and training funds, and property demolition procedures.
Sean Dunn, Police Chief – impact of 5% reduction: Chief Dunn explained
budget cuts and how those cuts affected personnel costs, group medical insurance,
equipment and supplies and vehicle fuel costs.
Betsy Pace, Senior Services Director and Teresa Fontaine, Director of Southern
Area Agency on Aging on impact of not funding the Martinsville Senior Services
program: City Manager Towarnicki explained how the suggestion to eliminate funding
for the Senior Services program came about. Ms. Pace explained how the cut would
affect the services offered to the community with emphasis on the transportation
services for City seniors. Ms. Fontaine described the effects on the Southern Area
Agency on Aging if the Senior Center budget was eliminated and what options would
change or be eliminated that are currently being offered to seniors now. Jeff Joyce
elaborated on the part time positions and additional services that would be affected if
funding was cut. Brooks Jones explained how the Senior Center only provides
transportation to citizens who do not have Medicaid and have no other means of
transportation. Council Member Teague asked Pace and Joyce to come back to
Council with costs to run the transportation option only. Council Members all agreed
April 19, 2016
that they would like to continue to provide funding for the Senior Center and have
asked for suggestions on how to make it work.
Review of Water/Sewer budgets, proposed rate increase: Towarnicki explained
the water and sewer rate increase suggestion. Andy Lash explained that the work
crews are being more proactive to issues rather than reactive to problems. Towarnicki
explained the purpose behind the rate increases is to build the fund balances back to
where they need to be. He pointed out that even with the rate increases that
Martinsville will still be way under the state average for water and sewer rates.
Towarnicki detailed the water and sewer budget proposal.
Review of outside agency budgets specifically 911, EDC, PART and others as
needed: Ricky Walker of the Henry County Sheriff’s Department thanked Council for
their previous support and how that organization benefits. Towarnicki explained the
911 center contribution. Hodge said she is in support of EDC budget reduction. She
feels the new funding is what the City should have been paying all along but does not
agree with the terms. Mayor Turner says that the EDC’s obligation should be in the
City’s best interest. Towarnicki detailed the EDC agreement and explained the
possibility to qualify for a third transit PART bus. Hodge asked why the 5% budget
reduction was not applied to outside agencies; she felt that it’s a matter of principle
since all other departments are affected. She also questioned the dental clinic being
added back into the budget and feels that other City entities should support the clinic
instead of City Council.
Review of Departmental budgets: Council Member Teague questioned
consulting fee for the Zoning ordinance and Council Member Hodge had questions
about the Parks and Recreation park maintenance budget.
There being no further business, Council Member Teague made a motion to
adjourn the meeting, Council Member Hodge seconded the motion with all Council
Members in favor. The meeting adjourned at 9:20pm.
___________________________________ ___________________________________
Karen Roberts, Clerk of Council Danny Turner, Mayor
April 21, 2016
A special meeting of the Council of the City of Martinsville, Virginia, was held on
April 21, 2016, in Council Chambers, Municipal Building, at 6:00PM, to conduct a
budget worksession with Mayor Turner presiding. Council Members present included:
Mayor Danny Turner, Vice Mayor Jennifer Bowles, Council Member Gene Teague,
Council Member Sharon Brooks Hodge, and Council Member Mark Stroud. Staff
present included: City Manager Leon Towarnicki, Clerk of Council Karen Roberts,
Assistant City Manager Wayne Knox, City Attorney Eric Monday, Finance Director
Linda Conover, Public Works Director Jeff Joyce, Telecommunications Director Mike
Scaffidi, Fleet Manager Lane Shively, City Engineer Chris Morris, Commissioner of
Revenue Ruth Easley, Sheriff Steve Draper and Fire Chief Ted Anderson.
Mayor Turner opened the meeting.
PHCC has requested an opportunity to address Council - Jack Hanbury, VP of
Finance and Administration at Patrick Henry Community College shared a PowerPoint
to update Council on a major project involving the Motorsports and Workforce
Development Center that is funded in part from City contributions.
Review capital needs, funding, and discussion on proposed meals tax increase -
City Manager Towarnicki described the list of items that were cut because of budget
restraints specifically the Sheriff’s Department needs such as the intercom system.
Council Member Teague asked Mike Scaffidi to weigh out options to correct this
problem with the City fiber optic and telecom system. Council Member Hodge asked
about a joint venture with the County to assist with Sheriff Department needs. Sheriff
Steve Draper explained the intercom/security system and the repairs needed at the
City Farm.
Towarnicki described items that will remain on the capital list. Towarnicki
stated that the 0.5% increase in meals tax would increase the revenue, assuming there
is no interest in increasing the meals tax then Council would need to rethink those
items on the capital list. Council Member Teague made a motion to remove the 0.5%
meal tax increase off the table. Council Member Stroud seconded the motion with all
Council Members voting in favor.
Jeff Joyce detailed the cost of continuing the transportation portion of the Senior
Center and maintaining the building if the Senior Center is moved or eliminated.
Towarnicki detailed proposed cuts and revenue from other departments that could be
used to fund the Senior Center. Teague made a motion to restore funds to the Senior
Center. Hodge seconded the motion with all Council Members voting in favor.
April 21, 2016
Hodge made a motion to change EDC funding to keep the same agreement but
change to per capita funding. Turner seconded motion. Council Members voted: with
Turner, Hodge, and Stroud voting aye in favor of the motion, Bowles and Teague voting
nay against the motion.
Hodge made a motion to not fund the dental clinic. No second was made so the
motion dies.
Bowles made a motion to fund $100k for the schools to hire assistant principals
to assist in discipline problems. Hodge pointed out if the money was awarded that
Council could not dictate how it’s used specifically. Stroud seconded the motion. City
Attorney Eric Monday reported a disclosure had been signed by Council Member Mark
Stroud stating he can vote impartially. Mr. Stroud is a retiree of the city sheriff’s office
and his spouse works for city schools. Council Members voted: Bowles and Stroud
voting aye in favor of the motion; Turner, Teague and Hodge voting nay against the
motion.
Stroud made a motion to reinstate $100k for the Fire department for part-time
employees. Bowles seconded the motion. Fire Chief Ted Anderson explained the time
involved in training, hazard pay and liability and added expenses for the City. Bowles
retracted her second so motion dies on the table. Council agreed that if the Fire
Department needs funds midyear, Anderson can come back to Council and ask for an
appropriation.
Hodge asked about departments who may have received market rate
adjustments already this year. Towarnicki & Finance Director Linda Conover said to
their knowledge, no departments received market rate adjustments. Towarnicki stated
that some market adjustments would be necessary to maintain experienced
employees.
There being no further business, Council Member Teague made a motion to
adjourn the meeting, Council Member Bowles seconded the motion with all Council
Members in favor. The meeting adjourned at 8:05pm.
___________________________________ ___________________________________
Karen Roberts, Clerk of Council Danny Turner, Mayor
April 25, 2016
Martinsville City Council toured the Southside area on April 25, 2016 beginning at
5:00pm. Those present for the tour were Council Member Teague, Mayor Turner, and Council
Member Hodge. Vice Mayor Bowles and Council Member Stroud were absent from the tour.
Staff present included City Manager Leon Towarnicki, Property Maintenance Deputy Fire
Marshall Andy Powers, Property Maintenance Inspector Mark Price, Assistant City Manager
Wayne Knox, Fire Chief Ted Anderson, and Officer Coretha Gravely. Mickie Powell of the
Martinsville Bulletin was also present for the tour.
The Southside Neighborhood Meeting was held at Fuller Memorial Church, 1204 Askin
Street, Martinsville, VA at 7:30 PM, with Mayor Danny Turner presiding and Council Members
present including: Council Member Teague and Council Member Hodge. Staff present: City
Manager Leon Towarnicki, Clerk of Council Karen Roberts, Assistant City Manager Wayne
Knox, City Attorney Eric Monday, Police Chief Sean Dunn, Police Captain Rob Fincher, Officer
Coretha Gravely, Inspector Andy Powers, Inspector Mark Price, and Fire Chief Ted Anderson.
Mayor Turner called the meeting to order.
Officer Gravely thanked everyone for attending and invited Pastor Fred Hardin to offer a
prayer.
Andy Powers summarized the neighborhood tour, describing 101 Sellers Street
emergency order for demolition, water tanks on Bethel Lane that are being removed and
provided an update on the property nuisance report. Powers introduced Mark Price and
invited those in attendance to talk to him after the meeting. He detailed Forest Street issues,
sewer line work, and posted notices on Southside. City Manager Towarnicki said that
installation of new meters would begin within two months.
Officer Gravely introduced Donna Byrd, thanking her for all of her contributions to the
church and the neighborhood. Mayor Turner said it’s important in a community when the
citizens go above and beyond to show they care.
Annie Martin, 1005 Paul Street complained about property at 1006 Paul Street, stating
no one is taking care of it & asked that the inspector take a look at it.
Richard Toler, Forest Street asked what was being done about speeding on Forest Street
and acknowledged additional patrol.
Joel Mitchell, neighborhood block captain on Forest Street also expressed concern of
speeding, no stop sign at Princeton and Forest and no traffic signal at Market and Moss Street.
Sonny Farmer, 705 Pace Street voiced concern about speeding and asked why
residential streets are 30mph and asked if the speed limit could be lowered and enforced.
Mayor Turner asked City Attorney Monday about the state requirements, Monday explained
the City could set the limit at whatever they want.
Linda Lawry, Graves Street thanked the Police Department for their work on Graves
Street and expressed concern about the guardrail being removed for loggers at Stone
Dynamics.
April 25, 2016
Wilhelmina Roberts, 1010 Paul Street expressed concern about speeders on Paul Street.
She said traffic coming off of Paul Street does not stop. She said the street is not being kept
clean and she says there is a house in the area that homeless people are using.
Mayor Turner stated that at the last meeting there was concern of 4-wheelers making
noise at all hours and asked Chief Dunn if that had been resolved. Residents said this was
still a problem.
Dale Handy, Graves Street complained about a drone that a neighbor brings out late at
night and possible privacy invasion. City Attorney Monday said there are no local regulations
on drone operation but the owner does need to register the drone with the department of
aviation, stating he will follow up on those regulations.
Toler said he had seen a resident with a green laser pointed in the sky.
Mitchell said off Market Street towards the Police Department needs a stop light
installed to prevent future accidents.
Handy complained about debris at back of Stone Dynamics property being an eye sore.
Monday said the City would follow up on the debris that is being dumped.
Resident stated at the back of her residence there are discarded cars. Powers confirmed
that residents cannot park uninsured, untagged vehicles in the city and he will follow up.
Martin asked if there are any activities provided for the youth through the summer.
Mitchell and Toler expressed interest and concern on this as well. Towarnicki said there are
activities offered through the YMCA and other organizations but the City sometimes has
difficulty keeping the children involved and participating. Residents expressed concern on
youth and the education they are receiving and the activities to keep them out of trouble.
They feel there should be grants or other resources to fund activities for the youth. Teague
said the YMCA does have activities for families that cannot afford a membership. Towarnicki
said that the Parks and Recreation department is still very active but over the past decade, the
participation has dropped to the point that some activities are cancelled due to participation.
Turner said that maybe the City should reassess programs available to the local youth. Officer
Gravely shared several programs that she has worked with for the youth also. Melanie Soulos,
513 Forest Street also commented on programs offered by the Library for area youth.
There being no further business, Council Member Hodge made a motion to adjourn the
meeting at 8:25pm, Council Member Teague seconded the motion, all Council Members voted
in favor.
___________________________________ _______________________________
Karen Roberts Danny Turner
Clerk of Council Mayor
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
City Council
Agenda Summary
Meeting Date: May 10, 2016
Item No: 2.
Department: City Council
Issue: Consider presentation of a Proclamation regarding National Police
Week 2016 and Peace Officers’ Memorial Day.
Summary: Martinsville City Police Department representatives will be present
to accept the Proclamation
Attachments: Proclamation
Recommendations: Mayor to read the Proclamation and present to Police
Department representatives. No formal action by Council is necessary.
PROCLAMATION
NATIONAL POLICE WEEK 2016
And
PEACE OFFICERS’ MEMORIAL DAY
WHEREAS, the Congress and President of the United States have designated May 15 as Peace
Officers’ Memorial Day, and the week in which it falls as National Police Week; and
Whereas, the men and women of the Police Department and the Sheriff’s Department of the City of
Martinsville are instrumental in creating peace of mind to all the citizenry through their many efforts to
enhance public safety; and
Whereas, it is incumbent on all our citizens to recognize, know and understand the duties,
responsibilities, hazards, dedication, and sacrifices of the men and women of the Police Department and the
Sheriff’s Department of the City of Martinsville, and it is also incumbent upon each law enforcement officer
to serve the people by safeguarding life and property, by protecting against violence and disorder, and by
protecting the innocent against deception and the weak against oppression; and
Whereas, the Police and Sheriff Departments of the City of Martinsville are professional
organizations that remain abreast in the latest scientific applications of criminalistics;
Whereas, I call upon all citizens of the City of Martinsville to observe May 15th as Peace Officers’
Memorial Day to honor those men and women who, through their dedicated service and courageous deeds,
have lost their lives or been disabled in the performance of their duties. I especially want to recognize
Martinsville Policeman George F. Carter, who lost his life in the performance of his duty on June 14, 1919
while he was attempting to apprehend gamblers. I would also like to recognize Martinsville Police Officer
Jonathan Bowling who lost his life on January 26, 2005 while fighting in Iraq during Operation Iraqi
Freedom.
Now, therefore, I, Danny Turner, Mayor of Martinsville, call upon all citizens of the City of
Martinsville and upon all patriotic, civic and educational organizations to observe the week of May 15
through May 21, 2016, as National Police Week with appropriate ceremonies in which all our people may
join in recognizing the women and men, both past and present, who by their faithful and loyal service and
devotion to their charge have rendered a dedicated service to our community and the citizens within it, and in
performing these duties have established an enduring reputation for preserving the rights and security of all
the citizens of Martinsville.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of
Martinsville to be affixed.
_________________________________
Danny Turner
Mayor
City Council
Agenda Summary
Date: May 10, 2016
Item No: 3.
Department: City Council
Issue: Consider recognizing the month of May, 2016 as GBS/CIDP
(Guillian-Barre Syndrome) and Chronis Inflammatory Demyelinating
Polyneuropathy (CIDP) awareness month.
Summary: The month of May has been designated as GBS/CIDP awareness
month for the purpose of educating the public and focusing attention on
the disorders known as Guillian-Barre Syndrome (GBS) and Chronic Inflammatory
Demyelenating Polyneuropathy (CIDP). The GBS/CIDP Foundation International is
asking local officials for their support.
Within the surrounding area there are approximately 432 people that are afflicted
with one of these syndromes or variants of GBS/CIDP. In the state of Virginia
there are over 1,032 diagnosed with one of the syndromes mentioned. Once
afflicted, the effects of these syndromes are debilitating and can last a lifetime. The
Foundation offers a support group that provides emotional support to patients and
their families. This includes hospital visits, distribution of literature, organizing
support group meetings and providing assistance during a very difficult time . In
support of this effort, the City has been requested to designate May as GBS/CIDP
Awareness Month.
Attachments: Proclamation recognizing May as GBS/CIDP Awareness
Month.
Recommendations: No action needed
Proclamation
RECOGNIZING THE MONTH OF MAY, 2016 AS
GBS/CIDP AWARENESS MONTH
WHEREAS , the Month of May , has been designated as " GBS and CIDP Awareness Month " to educate the public
and to focus attention on Guillian-Barre' Syndrome (GBS ) and Chronis inflammatory Demyelinating
Polyneuropathy ( CIDP ) , rare, paralyzing and potentially Catastrophic disorders of the peripheral nerves ; and
WHEREAS , the cause of GBS and CIDP is unknown . The length of the illness is unpredictable . It is characterized
by rapid onset of weakness and often , paralysis of the legs , arms , breathing muscles and face . Usually months
of hospital care are required with patients and families facing an uncertain future , not knowing if and when
recovery will occur . Some may face long-term disabilities of varying degrees . GBS or CIDP can develop in any
person at any age , regardless of gender or ethnic background ; and
WHEREAS , in 1980 , the Guillian-Barre Foundation International (now the GBS/CIDP Foundation International ) ,
was founded to provide a support network to patients and their families through the national office
headquartered in Philadelphia and its 174 chapters with more than 35,000 members throughout the United
States , Canada , Asia , Europe , Australia , South America , and South Africa ; and
WHEREAS , Rick Forney is the Liaison for the local area chapter serving as the link between patients , physicians ,
nurses , and families .The Foundation provides educational materials including a comprehensive booklet , " GBS ,
an Overview for the Layperson , " and newsletters as well as funding medical research and conducting symposia ;
and
WHEREAS , the Foundations Medical Advisory Board includes prominent neurologists active in GBS and CIDP
research , leading physicians in rehabilitation medicine , and physicians who , themselves , have had the disorder ;
NOW , THEREFORE , I Danny Turner, Mayor of the City of Martinsville, Virginia, , DO HEREBY PROCLAIM the
month of May as
" GBS/CIDP AWARENESS MONTH "
in the City of Martinsville and I encourage all the citizens to recognize the importance of raising awareness of GBS
and CIDP .
______________________________
Danny Turner, Mayor
City Council
Agenda Summary
Date: May 10, 2016
Item No: 4.
Department: City Council
Issue: Consider recognizing the Martinsville-Henry County chapter of
National Society of Black Engineers (NSBE).
Summary: The Martinsville-Henry County chapter of National Society of Black
Engineers (NSBE) was recently recognized as Chapter of the Year at the NSBE
National Convention at the end of March, in Boston. Additionally, Martinsville
High School student Bryan Rucker was honored as NSBE Male Student of Year,
the 5th local student of the year in 17 years the chapter has been in existence.
M-HC NSBE Chapter Director Helen Howell and M-HC NSBE members will attend
Council’s meeting on May 10 to talk about their program and accomplishments.
Attachments: Proclamation recognizing M-HC National Society of Black
Engineers
Recommendations: No action needed
Proclamation
HONORING THE MARTINSVILLE –HENRY COUNTY CHAPTER
OF NATIONAL SOCIETY OF BLACK ENGINEERS (NSBE)
WHEREAS, the Martinsville-Henry County Chapter of National Society of Black
Engineers (NSBE) has been in existence since 1999 and during that time has helped
encourage hundreds of local students to succeed personally, academically, and
professionally; and
WHEREAS, the mission of M-HC NSBE is “To increase the number of culturally
responsible Black engineers who excel academically, succeed professionally and
positively impact the community”; and
WHEREAS, Helen Howell founded the local chapter and has served as its Director for
the past seventeen years; and
WHEREAS, during that time, the local NSBE Chapter has accumulated numerous
awards and recognitions, the most recent of which is the National Chapter of the Year
along with local Martinsville High School student Bryan Rucker being named Male
Student of the Year;
NOW, THEREFORE, on this 10th day of May, 2016, I, Danny Turner, Mayor, and
members of Martinsville City Council do hereby proclaim and acknowledge with great
pride, the success and achievements of the Martinsville-Henry County Chapter of
National Society of Black Engineers; offer our congratulations on the most recent
achievement of being named National Chapter of the Year as well as congratulations to
Bryan Rucker named as Male Student of the Year; offer our thanks and appreciation
to Helen Howell for her continued guidance and leadership of M-HC NSBE, and offer
our best wishes for the continued success of the Chapter as well as students who
participate in this program.
_______________________________
Danny Turner, Mayor
City Council
Agenda Summary
Date: May 10, 2016
Item No: 5.
Department: City Manager
Issue: Hear an update from Amanda Witt of the M-HC Chamber of
Commerce regarding activities related to the City/C-PEG Small Business
Development contract.
Summary: Information will be provided regarding activities completed or
currently underway related to the City/C-PEG Small Business Development
contract, West Piedmont Business Development Center (incubator), and the
Startup Martinsville project.
Attachments: None
Recommendations: No action needed - presented for information purposes
only.
City Council
Agenda Summary
Meeting Date: May 10, 2016
Item No: 6.
Department: City Manager
Issue: Consider setting a public hearing for Council’s May 24, 2016
meeting for the purpose of receiving names of citizens interested in an
appointment for one 3-year term on the Martinsville City School Board, beginning
July 1, 2016 and ending June 30, 2019.
Summary: Only those citizens whose names are brought up during the Public
Hearing can be considered for appointment, and appointments cannot be made
until seven days after the Public Hearing. Citizens may appear in person, stating
their name, address, and interest in the position; or their name, address, and
interest may be offered by another individual. Council typically conducts
interviews with candidates after this meeting, with the appointment to be
announced at one of the June Council meetings.
Attachments: Martinsville School Board current listing.
Recommendations: Set the Public Hearing for May 24, 2016 and interview
applicants in closed session after the May 24 Council meeting.
City Council
Agenda Summary
Date: May 10, 2016
Item No: 7.
Department: City Manager
Issue: Consider approval of the FY17 Budget Ordinance on second
reading.
Summary: Attached is a current summary of the FY17 Budget in ordinance
form, with all changes made by Council included.
Attachments: FY17 Budget Ordinance
Recommendations: Approval on second reading, with 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 May 10, 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 $ 28,101,916 $ 30,242,137 $(2,140,221)
Meals Tax $ 2,068,373 $ 2,468,373 $ (400,000)
Capital Reserve $ 895,018 $ 931,517 $ (36,499)
Refuse $ 2,205,000 $ 2,430,000 $ (225,000)
Telecommunications $ 1,666,425 $ 1,416,014 $ 250,411
Water $ 3,591,000 $ 2,764,857 $ 826,143
Sewer $ 4,230,512 $ 3,974,277 $ 256,235
Electric $ 19,924,740 $ 20,374,740 $ (450,000)
Cafeteria* $ 1,464,085 $ 1,464,085 $ -
Schools** $ 22,993,538 $ 22,993,538 $ -
CDBG $ 17,080 $ 2,550 $ 14,530
Totals $ 87,157,687 $ 89,062,088 $ (1,904,401)
*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: May 10, 2016
Item No: 8.
Department: City Manager, Commissioner of the Revenue
Issue: Consider granting a tax exemption to a local non-profit and
adopting an ordinance on first reading
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. A public hearing on the exemption
request was held on April 26, 2016. Action on the request was deferred until the
May 10, 2016 City Council meeting.
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 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.
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
City Council
Agenda Summary
Meeting Date: May 10, 2016
Item No: 9.
Department: Finance
Issue: Appropriation Approvals
Summary:
The attachment amends the FY16 Budget with appropriations in the following
funds:
General: $ 10,716 – Recovered Costs; Donations; Reimbursements
School Operating: $ 62,500 – State Grant
Sewer: $ 562,921 – VRA Reimbursement
Water: $ 423,029 – AMI Project Reimbursement
Electric: $ 250,157 – AMI Project Reimbursement
Attachments:
Consent Agenda 5-10-16
Recommendations: Approve
BUDGET ADDITIONS FOR 05/10/16
ORG OBJECT DESCRIPTION DEBIT CREDIT
FY16
General Fund:
01100909 490137 Recovered Costs - Public Safety 8,491
01331108 501200 Sheriff/Corrections - Overtime 7,177
01331108 502100 Sheriff/Corrections - Social Security 445
01331108 502110 Sheriff/Corrections - Medicare 104
01311085 501200 Police Department - Overtime 710
01311085 502100 Police Department - Social Security 44
01311085 502110 Police Department - Medicare 11
Off Duty Security reimbursements
01100908 480406 Miscellaneous Revenues - Donations/Recreation 550
01711210 506007 Recreation - Equipment & Supplies 550
Team Sponsor donations
01100909 490104 Advance/Recovered Costs 1,675
01321102 506130 Fire Dept. - Repair & Maint.-Burn Building 1,675
Reimbursements for training supplies
Total General Fund: 10,716 10,716
School Operating Fund:
18101917 404002 Categorical Other State - Other State Funds 62,500
66101100 561120 Non-remedial Summer Programs - Instructional S & W 26,248
66101100 562100 Non-remedial Summer Programs - Social Security 1,627
66101100 562150 Non-remedial Summer Programs - Medicare 381
66101100 565800 Non-remedial Summer Programs - Miscellaneous 480
66101100 564000 Non-remedial Summer Programs - Internal Services 3,300
66101100 566000 Non-remedial Summer Programs - Materials & Supplies 8,964
66101100 566013 Non-remedial Summer Programs - Instructional Mater/Supp. 21,500
Additional funding for non-remedial summer programs
Total School Operating Fund: 62,500 62,500
Sewer Fund:
13103936 407700 Indebtedness - VRA Loan Proceeds 562,921
13551326 508224 Wastewater Maintenance - SRI Project - Phys. Plant Exp. 562,921
VRA Reimbursement #1
Total Sewer Fund: 562,921 562,921
Water Fund:
12103936 407701 Indebtedness - Loan Proceeds 423,029
12543313 508223 AMI Project - Physical Plant Expansion 423,029
AMI Project Reimbursement Requisition #1
Total Water Fund: 423,029 423,029
Electric Fund:
14103936 407701 Indebtedness - Loan Proceeds 250,157
14563338 508223 AMI Project - Physical Plant Expansion 250,157
AMI Project Reimbursement Requisition #1
Total Electric Fund: 250,157 250,157
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