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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. ~] 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 z_"~