HomeMy WebLinkAbout01-27-83~t 3 ~ January 27, 1983
Minutes of a Public Hearing of the Pulaski Town Council, held January
27, 1983, at S:OO p.m. in the Council Chambers of theMunicipal Building.
There were present: Mayor Raymond F. Ratcliffe, presiding
Councilmembers: J ohn A. Johnston, Pauline G. Mitchell, Andrew L.
Graham, Jr., Earl D, Cabaniss, C. E. Boyd, Jr.,
Glen K. Aust, Ira S. Crawf ord
Absent: C ouncilperson Alma H. Holston
Also present: Mr* Garnett Moore, Town Attorney
Mr. H..R. Coake, Town Manager
Ruth A. Harrell, Clerk
Mr. Gary Cutlip, Treasurer/Finance Director
Visitors: Mr. Avrel Mason, Fine Arts Center
Ms. Dee Lindsey, Southwest Times
The invocation was given by Councilman Graham.
Mayor Ratcliffe advised that as had been advertised in the Southwest
Times, this is a public hearing to consider a request from the Fine Arts
Center of New River Valley, Inc. to support a bill in the General Assembly
of Virginia which would grant an exemption from both State and local taxa-
tion and that Council also examine and consider the questions set out in
the Code of Virginia of 1950 designated B-1 through B-8.
There was no opposition from the public with Mr. Avrel Mason, Treasurer
Fine Arts Center, speaking for the Center. He advised that with tax
exemption status, they could receive Federal Grants and Corporate money.
He advised that no work was planned for the upstairs of the center at
present, however, they have added some partitions making an office and
studio, plan to add classrooms, adding steps to meet handicapped require-
ments. They also plan to do some insulating, repair flooring, drop ceiling,
fix lighting, etc. Money for this work will be private money. Mr. Coake
stated the real estate tax on this property was $69.44.
Mr. Moore stated that in the Council meeting of January 4, 1983, Fine
Arts Center Resolution passed on theory, and in accordance with Section
30-19.04 of the Code of Virginia of 1950 as amended, a public hearing must
be held bef ore adoption of such Resolution. Eight things that must be
considered prior to adoption are:
Resolution required by Section A shall be adopted only after holding
a public hearing. Codes does not state you have to have ten minutes notice
or 10 days, or two weeks, etc. Five days notice is acceptable on items of
emergency.
Mr. Mason advised they had 509A1, 17D1A6, and 501C letters and exemption
is still in effect with 501C.
Code states how much alcoholic beverages are being served and has there
been an ACB Board license issued to Fine Arts Center for use on property. There
is none.
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January 27, 1983 C~3~
Were there any directors or officers of organization paid compensation
in excess of reasonable allowance for salaries or other compensation for
personal service which director or officer actually renders. Mr. Mason
stated they have one paid employee who is not an officer or director.
Mr. Moore stated were any part of earnings going to the benefit of any
individual, and he stated "it doesn't", it is "community-wide", and whether
any significant portion of the service provided for such organization is
generated by funds received from donations, contributions or local, state or
federal grants. Mr. Mason stated that in the past, they have received a number
of state and federal grants. They accept donations and contributions from
individuals.
Does organization provide services for the common good of .the public,
with an answer of yes.
Were a substantial part of the activities of organization involved in
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. Mr. Moore stated
the answer to this is "no" .
1
Whether or not they have any rules, regulations, policies, or practice
of organization which discriminates on the basis of religion, race, color,
sex or national origin and as far as Mr. Moore knows, there is none.
Any other facts or circumstances which the governing body deems perti-
n~nt to the adoption of the Resolution.
Councilman Aust so moved adoption of said Resolution as read by Mr.
Moore, seconded by Councilman Boyd, and carried on the following recorded
vote:
John A. Johnston - Aye
Pauline G. Mitchell- Aye
Earl D. Cabani$s - Aye
C. E. Boyd, Jr. - Aye
Andrew L. Graham, Jr. - Aye
Ira S . Crawford - Aye
Alma H. Holston - Aye
Glen K. Aust - Aye
RESOLUTION
FINE ARTS
CENTER WHEREAS, the Fine Arts Center for the New River Valley, Inc., a Virginia
corporation, received its certificate of inc orporation in February, 1978, and
WHEREAS, said purposes of the Fine Arts Center for the New River Valley
is to foster and furnish activities and educational programs and facilities
to increase the understanding and enjoyment of fine arts by the .residents
of the New River Valley; and
WHEREAS, the corporation, since it was granted corporate status, has
operated a fine arts center in a building located in the County of Pulaski
known as the "Fairview Home" but recently purchased a building on Main Street
in downtown Pulaski, Virginia, where it is now operating the Fine Arts Center
and
WHEREAS, the local members of the General Assembly have introduced a bill
now pending in the 1983 Session requesting that the Fine Arts Center be granted
an exemption from both state and local taxation, including local taxes upon
personal and real property; and
~~ ~~ January 27, 1983
WHEREAS, the Fine Arts Center for the New. River Valley, Inc., desires
the Council of the Town of Pulaski, Virginia, to formally declare whether
or not it will oppose the granting of exempt status to the Fine Arts Center
by the General Assembly of Virginia;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Pulaski,
Virginia, meeting in Special Session on this 27th day of January, 1983, that:
(l) This special called meeting is being held pursuant to notice given
by publication on the 20th day of January, 1983, in the Southwest Times,
directing that any citizen who wished an opportunity to be heard either for
or against the proposal appear at the Special Council meeting.
(2) That said public hearing. was held as advertised, and the,Council
does hereby certify that the provisions of Sub-section (b) of Sec. 30-19.03
of the Code of Virginia of 195Q, as amended, has been examined and consider-
ed by the local governing body.
(3) The Council of the Town of Pulaski, after having reviewed the pur-
poses and considered the provisions of Sub-section (b) as stated above,
and held a public meeting, as directed by statute, is of the opinion that
the purposes and activities of the Fine Arts Center for the'New River Valley,
Inc, are for the betterment of the citizens of the Town of Pulaski, Virginia,
and afford to many, both young and old, an opportunity to enjoy the,fine arty
Center, and culture made available to them by the Fine Arts Center.
WHEREFORE, the Council, by the adoption of this resolution, supports
the exemption and does request the State to grant to the Center exemption
from state and local taxes.
That a copy of this resolution be forwarded t'o theHonorable J. Robert
'. Dobyns, member of the House of Delegates, and to the Honorable D. W.
Bird, Jr . , member of the Senate of Virginia .
At 6:35 p.m. Councilman Aust moved that the Public Hearing be adjourned.
Motion was seconded by Councilman Graham, and carried.
ATTEST:
~. ~/~,~e
Cl rk of Council
ROVED:
Ma or
WAIVER OF NOTICE OF SPECIAL MEETING
We, the undersigned, duly elected members of the Council of the
Town of Pulaski, Virginia, hereby waive notice of a Special Meeting of
said Council at
5:00 p.m.
on the 27 day of
January 19 .83, for the purpose of Public Hearing
Consider a request of the Fine A'rt's Center of New River Valley, Inc.
to support a Bill in the General ASS'E'MBLY of Va. which would grant
an exemp ion rom o a e oca axa ion.
and any other business that may legally come before the Council.
WITNESS our signatures this ~7 day of January
19 83
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