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<br />17 <br /> <br />SEPTEMBER 13, 1983 <br /> <br />TUESDAY <br /> <br />- <br /> <br />-, <br /> <br />Assistant Attorney General for the Commonwealth of Virginia, who noted that the Attorney <br /> <br />General's office does not interpret local ordinances) and by an opinion from Mr. J. <br /> <br />Randolph Smith, Jr., Commonwealth's Attorney for the City of Martinsville. Regarding this <br /> <br />matter, Mr. and Mrs. Pete Bluhm, owner-operator of Bluhm's Professional Nurses Exchange, <br /> <br />Collinsville, Virginia, presented a prepared statement in which they maintained that they <br /> <br />are not seeking an exemption from the City's License Tax Ordinance (as has been inferred) <br /> <br />but, rather, private-duty nurses operating through this exchange are not taxable (within <br /> <br />the City) under the City's ordinance because they ".....are not in business for themselves, <br /> <br />nor are they operating a business. <br /> <br />Meanwhile, a legal opinion rendered by City Attorney, <br /> <br />in which he identified the basic issue, viz., whether these private-duty nurses are engaged <br /> <br />in business and, as such, are independent contractors, indicated that--being assigned nursing <br /> <br />duties by the Professional Nurses Exchange--these persons are not independent contractors <br /> <br />and, therefore, are not subject to local taxation under the City's License Tax Ordinance. In <br /> <br />acceptance of the City Attorney's opinion and predicated thereupon, and upon motion (duly <br /> <br />seconded and unanimously carried), Council determined that such private-duty nurses are not <br /> <br />subject to taxation under said License Tax Ordinance. <br /> <br />Upon motion, duly seconded and unanimously carried, Council approved (for execution on the <br /> <br />part of the City) an agreement with the Henry County Public Service Authority, under which <br /> <br />agreement the City of Martinsville and the Public Service Authority will--through the PSA~- <br /> <br />conduct a water quality monitoring program of a segment of Smith River (already in effect, <br /> <br />as authorized and approved by the State Water Control Board) preparatory to and coincident <br /> <br />with the proposed expansion of both the City's and the PSA's water pollution contol facil- <br /> <br />ities. Estimated cost of this program through October 31, 1983, was listed at $15,260.00, <br /> <br />less an anticipated grant of $11,445.00, for a net local cost of $3,815.00, to be shared <br /> <br />equally between the City and the PSA, as will future costs be shared to the agreement <br />