June 8, 2004
MINUTES OF THE BROOKNEAL TOWN COUNCIL

7:00 PM – The regular meeting of the Brookneal Town Council

 

The municipal government of the Town of Brookneal met with the following members present:

 

Phyllis Campbell, Mayor

Jack Woodell, James Nowlin, and Meg Tibbs, Council members

Bill Gillespie ,Town Manager

Laurie C. Francis, Clerk/Treasurer

J. Michael Crews, Public Works Director

Kurland Roark, Chief of Police

APPROVAL OF AGENDA

 

Upon motion by James Nowlin, seconded by Jack Woodell and unanimously carried, Council approved the agenda for the June 8, 2004 regular meeting of the Brookneal Town Council with the following additions:  1) Police report 2) Report on smoke testing results.

 

 

MINUTES

 

Upon motion by Meg Tibbs, seconded by James Nowlin and unanimously carried, Council approved the regular minutes of the May 11, 2004 Town Council meeting.

 

TREASURER’S REPORT

 

The Treasurer’s Report was filed for audit.

 

 

PRESENTATION AND APPROVAL OF INVOICES

 

Be it resolved that motion was made by James Nowlin, seconded by Jack Woodell and unanimously carried, authorizing the payment of the invoices for the period of May 11, 2004 to June 7, 2004 in the amount of $13,271.43.

 

 

POLICE REPORT

 

Chief Roark gave a report to Council on the number of arrest made since he began his term as Chief of Police.

 

Chief Roark presented the following statistics:

 

  1. Petit Larceny

9

  1. Curse & abuse

2

  1. Forgery & Uttering

12

  1. Bad Checks

5 Misdemeanor  1 Felony

  1. Domestic Assault & battery

2

  1. Hit & Run

1

  1. Driving to elude

1 Felony

  1. Suspended License

2

  1. PB 15 (parole violation)

1 Felony

  1. Obstructing Justice

1

  1. Capias

1

  1. B & E

2

  1. Grand Larceny

3

  1. Stalking

1

  1. Sexual Battery

1

  1. Possession of Alcohol under age

1

  1. Trespassing

2

  1. Filing False Police Report

1

  1. Allowing unlicensed person to drive

1

  1. Possession of Controlled Substance

1

  1. Felony Drug Indictments

3

 

 

PUBLIC COMMENT

 

Tom Keefer, owner of Burgers, Shakes and Cream, appeared before Council to restate his position in opposition of the proposed meals tax ordinance.

 

 

UPDATE ON SMOKE TESTING

 

Bill Gillespie, Town Manager, brought council up to date on the results of the smoke testing of the sanitary sewer system that the Public Works Director had informed council of at the last meeting.  Mr. Gillespie stated that smoke testing proved that the significant increases in our flows during wet times last year were caused by the infiltration of ground water and water outside of what the system normally collects.

 

As a result of what happened last year, the town had to submit an action plan to DEQ of how we were going to deal with this increase in flow that happened.  The action plan submitted said that the town would do the smoke testing to identify things like downspouts that are tied into the system, ground drains, or storm sewers that might be tied into the system.   The smoke testing revealed several of these problems.  The town plans to remove these problems and has filed this plan with DEQ.

 

Mr. Gillespie urged citizens that have downspouts that go into the ground to remove these as soon as possible noting that the town might have to take action in the future if the public fails to remove the downspouts voluntarily.

 

 

CONSIDERATION OF ADOPTING AN ORIDNANCE IMPLEMENTING A 5% MEALS TAX

 

With a quorum present as defined in the Brookneal Town Code, Article II, Section 2-33 a motion was made by Jack Woodell, and seconded by James Nowlin to adopt the following meals tax ordinance to be implemented on August 1, 2004:

 

MEALS TAX*

Sec. 62 – 110.  Definitions.

 

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

 

Cater means the furnishing of food, beverages, or both on the premises of another, for compensation.

 

Food means all food, beverages, or both, including alcoholic beverages, purchased in or from a food establishment, whether prepared in such food establishment of not, and whether consumed on the premises or not, and without regard to the manner, time or place of service.

 

Food establishment means any place in or from which food or food products are prepared, packaged, sold or distributed in the town including, but not limited to, any restaurant, dining room, grill, coffee shop, cafeteria, café, snack bar, lunch counter, convenience store, movie theater, delicatessen, confectionery, bakery, eating house, eatery, drugstore, ice cream/yogurt shops, lunch wagon or truck, pushcart or other mobile facility from which food is sold, public or private club, resort, bar, lounge, or other similar establishment, public or private, and shall include private property outside of and contiguous to a building or structure operated as a food establishment at which food or food products are sold for immediate consumption.

 

Meal means any prepared food or drink offered or held out for sale by a food establishment for the purpose of being consumed by any person to satisfy the appetite and is ready for immediate consumption.  All such food and beverage, unless otherwise specifically exempted or excluded in this article, shall be included, whether intended to be consumed on the seller’s premises or elsewhere, whether designated as breakfast, lunch, snack, dinner, supper or by some other name, and without regard to the manner, time or place of service.

 

Sale (of a meal) means a final sale to the ultimate consumer.

 

Seller means any person receiving any payment for food with respect to which a tax is levied under this article.

 

Treasurer means the town treasurer and/or any duly designated deputy, assistant or inspector, or any other duly authorized agent, employee or designee.

 

_________

*State law reference – Excise tax on meals, Code of Virginia, § 58.1-3840.

 

 

Sec. 62-111. Levy of tax.

 

(a)  There is imposed and levied by the town on each person a tax at the rate of 5 percent on the amount paid for meals purchased from any food establishment, whether prepared in such food establishment or not, and whether consumed on the premises or not.  Any fractional cent shall be rounded to the next higher cent.

(b)  The tax imposed by this article applies to all sales of meals and food by a food establishment which place of business is located within the town, without regard to the locality of delivery or possible use by the purchaser.

 

Sec.  62-112.            Collection of tax by seller.

 

(a)      Every seller shall collect and remit the amount of the tax imposed by this article from the person on whom the tax is levied or from the person paying for such food at the time payment for such food is made; provided, however, that as set forth in code of Virginia, § 51.5 – 98, no blind person operating a vending stand or other business enterprise under the jurisdiction of the state department for the visually handicapped and located on property acquired and used by the United States for any military or naval purpose shall be required to collect or remit such taxes.

(b)      All amounts collected as taxes by the seller under this article shall be deemed to be held in trust by the seller collecting such taxes, until remitted to the town as provided in this article.  If the amounts collected as taxes are not paid as and when due, they shall thereafter become a debt of the seller due to the town.

 

Sec. 62-113. Exemptions; limits on application.

 

(a)          The tax imposed under this article shall not be levied on the following items when served exclusively for off-premises consumption:

 

  1. Factory-prepackaged candy, gum, nuts and other items of essentially the same nature.
  2. Factory-prepackaged doughnuts, ice cream, crackers, nabs, chips, cookies and items of essentially the same nature.
  3. Food sold in bulk.  For the purposes of this subsection, a bulk sale shall mean the sale of any item that would exceed the normal, customary and usual portion sold for on-premises consumption (e.g., a whole cake, a gallon of ice cream); a bulk sale shall not include any food or beverage that is catered or delivered by a food establishment for off-premises consumption.
  4. Alcoholic beverages sold in factory sealed containers and purchased for off-premises consumption.
  5. Any food or food product purchased with food coupons issued by the United States Department of Agriculture under the Food Stamp Program or drafts issued thorough the Virginia Special Supplemental Food Program for Women, Infants, and Children.
  6. Any food or food product purchased for home consumption as defined in the federal Food Stamp Act of 1977, 7 USC 2012, as amended, except hot food or hot food products ready for immediate consumption.  For the purposes of administering the tax levied under this article, the following items whether or not purchased for immediate consumption are excluded from the definition of food in the federal Food Stamp Act: sandwiches, salad bar items sold from a salad bar, prepackaged single-serving salads consisting primarily of an assortment of vegetables, and non-factory sealed beverages.  This subsection shall not affect provisions set forth in subsections (c)(3), (4), and (5) of this section.

 

(b)          A grocery store, supermarket or convenience store shall not be subject to the tax except for any portion or section therein designated as a delicatessen or designated for the sale of prepared food and beverages.

(c)          The tax imposed under this article shall not be levied on the following purchases of food and beverages:

 

  1. Food and beverages furnished by food establishments to employees as part of their compensation when no charge is made to the employee.
  2. Food and beverages sold by day care centers, public or private elementary or secondary schools or food sold by any college or university to its students or employees.
  3. Food and beverages for use or consumption and which are paid for directly by the commonwealth, any political subdivision of the commonwealth or the United States.
  4. Food and beverages furnished by a hospital, medical clinic, convalescent home, nursing home, home for the aged, infirm, handicapped, battered women, narcotic addicts or alcoholics, or other extended care facility to patients or residents thereof.
  5. Food and beverages furnished by a public or private nonprofit charitable organization or establishment or a private establishment that contracts with the appropriate agency of the commonwealth to offer at concession prices to elderly, infirm, blind, handicapped or needy persons in their homes or at central locations.
  6. Food and beverages sold on an occasional basis, not exceeding three times per calendar year, by a nonprofit education, charitable or benevolent or religious purposes.
  7. Food and beverages sold through vending machines.

 

Sec. 62-114. Gratuities and service charges.

 

(a)          Where a purchaser provides a gratuity for an employee of a seller, and the amount of the gratuity is wholly in the discretion of the purchaser, the gratuity is not subject to the tax imposed by this article, whether paid in cash to the employee or added to the bill and charged to the purchaser’s account, provided that, in the latter case, the full amount of the gratuity is turned over to the employee by the seller.

(b)          An amount or percent, whether designated as a gratuity, tip or service charge, that is added to the price of the food and beverages by the seller, and required to be paid by the purchaser, as a part of the selling price of the food and beverages is subject to the tax imposed by this article.

 

Sec. 62-115. Report of taxes collected; remittance; preservation of records.

 

(a)          It shall be the duty of every seller required by this article to pay to the town the taxes imposed by this article to register with the treasurer providing such information as the treasurer may prescribe.

(b)          Every seller required by this article to pay to the town the taxes imposed by this article shall file a report with the treasurer within 20 days after the last day of each calendar month on forms prescribed by the treasurer, signed by such person, reporting all purchases taxable under this article, the amount charged the purchaser for each such purchase, the date thereof, the taxes collected thereon and the amount of tax required to be collected by this article.  Each such report shall be accompanied by a remittance of the amount of the taxes due thereon for the preceding month.

(c)          Such records shall be kept and preserved for a period of five years.  The treasurer shall have the power to examine such records at reasonable times and without unreasonable interference with the business of such person, for the purpose of administering and enforcing the provisions of this article, and to make transcripts of all or any parts thereof.  In such administration and enforcement, the treasurer shall also have the powers set forth in 2-221 et seq. and section 62

(d)          For the purpose of compensating such persons required by this article to pay the taxes for accounting for and remitting the tax levied under this article, such person shall be allowed a commission of two percent of the amount of tax due and accounted for in the form of a deduction of that amount in submitting his or her monthly report and remittance, provided that the amount paid was not delinquent at the time of payment.

Sec. 62-116. Interest and penalties for failure to file a report or make remittances.

 

(a)          When any seller shall fail to make any report or remit the tax required by this article, there shall be imposed, in addition to any other penalties provided in this section, a specific penalty to be added to the tax in the amount of ten percent; provided, however, that in no case shall the penalty be less than $10.00, and such minimum penalties shall apply whether or not any tax is due for the period for which the report was required.

(b)          Interest shall accrue at the rate of ten percent per annum which shall be computed on the taxes and penalty commencing 30 days from the date the report or remittance is due.

 

Sec. 62-117.  Obligations upon going out of business.

 

Whenever any person required to collect and pay to the town a tax under this article shall cease to operate or otherwise dispose of his or her business, any tax payable to the town shall become immediately due and payable through such date, and the person shall make a report and remittance thereof within ten days of such date.

 

Sec. 62-118.  Civil warrant for collection of delinquent tax.

 

The treasurer is authorized, when any tax becomes delinquent under this article, to cause a civil warrant to be issued for the collection of the tax, penalty and interest as soon as the tax becomes delinquent against the seller or person liable for payment of the tax.

Sec. 62-119.   Promulgation of article regulations.

 

(a)          The town treasurer shall monitor and oversee the accuracy, timeliness and completeness of the filing of reports and payment of taxes levied under this article.  The town treasurer shall adopt and promulgate such rules and regulations and such forms not inconsistent with the provisions of this article as deemed necessary for the effective administration of this article.

(b)          In administering the provisions of this article, the town treasurer may give any seller ten days’ notice to appear before the town treasurer, with such books, records and papers as the town treasurer may require relating to the seller’s business for the taxable period in question.  The town treasurer may require that such seller or its agents and employees give testimony or answer interrogatories under oath administered by the town treasurer respecting the meals provided and the revenues there from which are or may be subject to the tax imposed hereby, or the failure to make a report thereof as provided in this article.

Sec. 62-120. Penalty for violation of article.

 

(a)          Any person willfully failing or refusing to file a return as required under this article shall, upon conviction, be guilty of a class 1 misdemeanor except that any person failing to file such a return shall be guilty of a class 3 misdemeanor if the amount of tax lawfully assessed in connection with the return is $1,000.00 or less.  Any person violating or failing to comply with any other provision of this article shall be guilty of a class 1 misdemeanor.

(b)          Except as provided in subsection (a) of this section, any corporate, partnership or limited liability company officer, as defined in Code of Virginia, § 58.1-3906, or any other person required to collect, account for, or pay over the meals tax imposed under this article, who willfully fails to collect or truthfully account for or pay over such tax, or who willfully evades or attempts to evade such tax or payment thereof, shall, in addition to any other penalties provided by law, be guilty of a class 1 misdemeanor.

(c)          Each violation of or failure to comply with this article shall constitute a separate offense.  Conviction of any such violation shall not relieve any person from the payment, collection or remittance of the tax laws provided in this article.

The Mayor asked for a roll call vote.  Voting was as follows:

 

Jack Woodell                        Aye

James Nowlin           Aye

Meg Tibbs                  Aye

 

Having received motion and a second, the Meals Tax Ordinance was adopted with a unanimous vote.

 

 

FY 2004/2005 GENERAL FUND BUDGET

 

Having been properly advertised and having been to public hearing, motion was made by James Nowlin to approve the 2004/2005 General Fund Budget as presented.  The motion received a second from Meg Tibbs.  Voting was as follows:

 

Jack Woodell                        Aye

James Nowlin           Aye

Meg Tibbs                  Aye

 

Having received a motion and a second, Council adopted the 2004/2005 General Fund Budget unanimously.

 

REVENUE

BUDGET 04/05

 

 

 

 

GENERAL FUND

01

ACCOUNT

NAME

1101-0100

REAL ESTATE TAXES

$       85,000.00

1102-0100

CURRENT TAXES, PUBLIC S

$       10,000.00

1102-0300

PRIOR YEAR TAXES

$                     -

1103-0100

PERSONAL PROPERTY

$       79,000.00

1103-0300

MOBILE HOME TAXES

$            500.00

1104-0100

MACHINERY & TOOLS

$       70,000.00

1106-0100

PENALTIES/INT, TAXES

$            500.00

1106-0200

INTEREST

$                     -

1106-0300

PENALTIES/INT-BUS LIC

$               50.00

1201-0000

LOCAL SALES TAX

$       40,000.00

1201-0100

MEALS TAX

$       80,689.00

1202-0000

CONSUMER UTILITY TAX

$       32,000.00

1203-0100

B/L CONTRACTING

$            300.00

1203-0200

B/L RETAIL SALES

$       40,000.00

1203-0300

B\L PROF.,RE &FINANCE

 

1203-0400

B\L REPAIR, PERSONAL

$         7,000.00

1203-0500

B\L WHOLESALE

$         9,000.00

1203-0600

B\L OTHER

$            500.00

1204-0000

B\L FRANCHISE

$         5,000.00

1205-0000

B\L MOTOR VEHICLE TAX

$       14,000.00

1206-0000

B\L BANK STOCK

$       40,000.00

1303-3100

PERMITS

 

1401-0100

COURT FINES

$         1,000.00

1401-0200

PARKING FINES

$            100.00

1501-0100

INTEREST ON BANK DEPOSITS

$       15,000.00

1501-0200

INTEREST ON INVESTMENT

$                     -

1501-0400

OTHER FROM USE OF MONEY

$                     -

1502-0100

RENTAL OF RECREATIONAL

$         2,500.00

1502-0200

RENTAL OF GENERAL PROPERTY

$         3,000.00

1502-0300

RENTAL OF CONCESSION STAND

$                     -

1502-0400

JENSEN BUILDING RENT

$       23,000.00

1502-0500

KERSEY BUILDING RENT

$                     -

1608-0200

WASTE COLLECTION

$         2,500.00

1608-0300

WEED CUTTING,BUSHHOGGING

$                     -

1899-0300

GIFTS & DONATIONS

$                     -

1899-0600

SALE OF SALVAGE

$                     -

1899-0700

SALE OF REAL ESTATE

$                     -

1899-1200

SALE OF CEMETERY LOTS

$         2,000.00

1899-1300

OTHER MISC. REVENUE

$         2,000.00

1899-1400

CAMPBELL COUNTY GRANT

$                     -

2201-0100

ABC PROFITS

$         3,500.00

2201-0800

DMV/ROLLING STOCK

$         8,500.00

2403-0200

YOUTH CONSERVATION

$                     -

2403-0300

OTHER CATEGORICAL AID

$                     -

2404-0100

POLICE GRANTS

$      27,000.00

2404-0200

DJCP LOCAL LAW ENF

$        5,500.00

2404-0300

COPS GRANT

 

2404-0700

LITER CONTROL GRANT

$            900.00

2404-1000

OTHER CAMPBELL COUNTY

$         3,000.00

2404-1100

FIRE FUND

$         4,000.00

 

 

 

 

 

$    617,039.00

EXPENSE

BUDGET FY 2004 -2005

General Fund

 

01-1101-5307

TOWN COUNCIL/PUBLIC

200.00

01-1101-5801

TOWN COUNCIL/OTHER

10555.00

 

 

 

*Items to consider

Bass Festivle

 

for Council Other..

Day in the Park

 

 

Dixie Youth Girls

 

 

VML

 

 

VA Institute of Government

 

 

Regional Commission

 

 

Misc. expenses

 

 

 

 

 

 

 

 

 

TOTAL

10755.00

 

 

 

01-1103-1001

MAYOR - SALARY

1928.00

01-1103-2001

MAYOR - SS/MEDI

148.00

01-1103-2002

MAYOR - VSRS

0.00

01-1103-2005

MAYOR - HOSP INS

0.00

01-1103-2011

MAYOR - WORKMAN COMP

40.00

01-1103-5500

TRAVEL

100.00

 

 

 

TOTAL

2216.00

 

 

01-1201-1001

TOWN MANAGER - SALARY

20000.00

01-1201-2001

TOWN MANAGER - SS/MEDI

0.00

01-1201-2002

TOWN MANAGER - VSRS

0.00

01-1201-2005

TOWN MANAGER - HOSP

0.00

01-1201-2006

TOWN MANAGER - LIFE

0.00

01-1201-2011

TOWN MANAGER - WORKM

0.00

01-1201-5408

TOWN MANAGER - VEHICLE

1200.00

01-1201-5500

TOWN MANAGER -  TRAVEL

0.00

01-1201-5801

TOWN MANAGER - DUES

0.00

 

 

 

TOTAL

21200.00

 

 

 

01-1202-1001

TREASURER - SALARY

24205.00

01-1202-2001

TREASURER - SS/MEDI

1929.00

01-1202-2002

TREASURER - VSRS

3858.00

01-1202-2005

TREASURER - HOSPITAL

6336.00

01-1202-2006

TREASURER - LIFE INS

340.00

01-1202-2011

TREASURER - WORKMANS

40.00

01-1202-5500

TREASURER - TRAVEL

1200.00

01-1202-5801

TREASURER - DUES & SUB

300.00

 

 

 

TOTAL

38208.00

 

 

 

01-1203-1001

OFFICE MANAGER -SALARY

6000.00

01-1203-2001

OFFICE MANAGER - SS/MED

480.00

01-1203-2002

OFFICE MANAGER - VSRS

0.00

01-1203-2005

OFFICE MANAGER - HOSP

0.00

01-1203-2006

OFFICE MANAGER - LIFE INS

0.00

01-1203-2011

OFFICE MANAGER - WORKM

40.00

01-1203-5500

OFFICE MANAGER - TRAVEL

0.00

01-1203-5801

OFFICE MANAGER - DUES

0.00

 

 

 

TOTAL

6520.00

 

 

 

01-1204-3002

LEGAL AND PROFESSIONAL

2500.00

 

 

 

TOTAL

2500.00

 

 

 

01-1208-3002

AUDITOR

7500.00

 

 

 

TOTAL

7500.00

 

 

 

01-1226-3006

PRINTING & BINDING

300.00

01-1226-3007

ADVERTISING

2500.00

 

 

 

TOTAL

2800.00

 

 

 

01-1227-5401

OFFICE SUPPLIES

8000.00

01-1227-5403

INFORMATION TECH

6000.00

01-1227-5411

BOOKS & SUBSCRIPTIONS

500.00

 

 

 

TOTAL

14500.00

 

 

 

01-1228-5201

POSTAL SERVICES

2000.00

01-1228-5203

TELECOMMUNICATIONS

2500.00

 

 

 

TOTAL

4500.00

 

 

 

01-1229-5306

SURETY BONDS **

0.00

01-1229-5308

GEN LIABILITY INS

2000.00

01-1229-5309

AUTO INS

3000.00

01-1229-5310

PROPERTY INS

14000.00

 

 

 

TOTAL

19000.00

 

 

 

01-2401-5606

W&S LOANS PAYABLE

0.00

 

 

 

TOTAL

0.00

 

 

 

01-3101-1001

POLICE - SALARIES

114000.00

01-3101-1002

POLICE - OVERTIME

15000.00

01-3101-2001

POLICE - SS/MEDICARE

9120.00

01-3101-2002

POLICE - VSRS

18240.00

01-3101-2005

POLICE -HOSPITAL INS

14640.00

01-3101-2006

POLICE - LIFE INS

1608.00

01-3101-2011

POLICE - WORKMAN

2200.00

01-3101-5203

POLICE - TELECOMMUN

3000.00

01-3101-5308

POLICE - LIABILITY INS

4000.00

01-3101-5401

POLICE - SUPPLIES *(NEW LINE)

4500.00

01-3101-5403

POLICE - INFORMATION TECH

1500.00

01-3101-5407

POLICE - REPAIRS & MAINT

2000.00

01-3101-5408

POLICE - VEHICLE SUPPL

5900.00

01-3101-5410

POLICE - UNIFORMS

2000.00

01-3101-5411

POLICE - BOOKS & SUBSCR

200.00

01-3101-5412

POLICE - REPLACE CARS

18000.00

01-3101-5413

POLICE - SEIZURE

0.00

01-3101-5500

POLICE - TRAVEL

250.00

01-3101-5601

LOCAL LAW ENFORCEMENT

0.00

01-3101-5801

POLICE - DUES & MEMBER

920.00

01-3101-5805

POLICE - MISC

200.00

 

 

 

TOTAL

217278.00

 

 

 

01-3202-5308

FIRE DEPT - INSURANCE

0.00

01-3202-5309

FIRE DEPT - MEDICAL AC

0.00

01-3202-5604

FIRE DEPT - OPERATING

4000.00

01-3202-7001

FIRE DEPT - EQUIPMENT

0.00

 

 

 

TOTAL

4000.00

 

 

 

01-3203-5309

RESCUE SQUAD INSURANCE

0.00

01-3203-5604

RESCUE SQUAD

4000.00

 

 

 

TOTAL

4000.00

 

 

 

01-4101-1001

PUBLIC WORKS - SALARY

29677.00

01-4101-1002

PUBLIC WORKS - OVERTIME

4000.00

01-4101-2001

PUBLIC WORKS - SS/MEDI

2375.00

01-4101-2002

PUBLIC WORKS - VSRS

4750.00

01-4101-2005

PUCLIC WORKS - HOSPITAL

9888.00

01-4101-2006

PUBLIC WORKS - LIFE INS

420.00

01-4101-2011

PUBLIC WORKS - WORKMANS

500.00

01-4101-5411

PUBLIC WORKS - BOOKS

0.00

01-4101-5500

PUBLIC WORKS - TRAVEL

0.00

01-4101-5801

PUBLIC WORKS - DUES

30.00

 

 

 

TOTAL

51640.00

 

 

 

01-4102-1001

STREETS - SALARIES

18368.00

01-4102-1002

STREETS - OVERTIME

1200.00

01-4102-1003

STREETS - SUMMER GROUNDS

9000.00

01-4102-2001

STREETS - SS/MEDICARE

1470.00

01-4102-2002

STREETS - VSRS

2939.00

01-4102-2005

STREETS - HOSPITAL INS

3660.00

01-4102-2006

STREETS - LIFE INS

259.00

01-4102-2011

STREETS - WORKMAN COMP

800.00

01-4102-5407

STREETS - REPAIRS

5000.00

01-4102-5408

STREETS - VEHICLE SUPP

2000.00

01-4102-5801

STREETS - SAFETY EQUIP

700.00

 

 

 

TOTAL

45396.00

 

 

 

01-4104-5100

STREET LIGHTING

23000.00

 

 

 

TOTAL

23000.00

 

 

 

01-4203-1001

SANITATION - SALARIES

30700.00

01-4203-1002

SANITATION - OVERTIME

2500.00

01-4203-2001

SANITATION - SS/MEDICARE

1737.00

01-4203-2002

SANITATION VSRS

3473.00

01-4203-2005

SANITATION - HOSPITAL

3660.00

01-4203-2006

SANITATION - LIFE INS

306.00

01-4203-2011

SANITATION - WORKMANS

1100.00

01-4203-5407

SANITATION - REPAIRS

4000.00

01-4203-5408

SANITATION - VEHICLE SUP

5000.00

01-4203-5412

SANITATION - REPLACE V

0.00

01-4203-5801

SANITATION - SAFETY EQUIP

750.00

 

 

 

TOTAL

53226.00

 

 

 

01-4302-5101

ELECTRICAL SERVICE

5000.00

01-4302-5102

HEATING SERVICE

3000.00

01-4302-5103

WATER & SEWER

900.00

01-4302-5405

HOUSEKEEPING SUPPLIES

1000.00

01-4302-5407

GENERAL PROP. - REPAIR

8500.00

01-4302-5408

JENSEN BUILDING EXP

18000.00

01-4302-5409

KERSEY BUILDING EXP

22000.00

01-4302-5804

AIRPORT

2500.00

 

 

 

TOTAL

60900.00

 

 

 

01-7104-1001

RECREATION - SALARIES

0.00

01-7104-2001

RECREATION - SS/MED

0.00

01-7104-2011

RECREATION - WORKMANS

0.00

01-7104-5101

RECREATION - ELECTRIC

2650.00

01-7104-5102

RECREATION - HEATING

4000.00

01-7104-5103

RECREATION - WATER & SEWER

800.00

01-7104-5405

RECREATION - HOUSEKEEPING

9000.00

01-7104-5407

RECREATION - REPAIRS

4900.00

01-7104-5408

RECREATION - VEHICLE & SUPPL

1000.00

 

 

 

TOTAL

22350.00

 

 

 

01-7105-5101

LIBRARY - ELECTRICAL

2200.00

01-7105-5102

LIBRARY - HEATING

2500.00

01-7105-5103

LIBRARY - WATER & SEWER

350.00

01-7105-5407

LIBRARY - REPAIRS & MAINT

500.00

 

 

 

TOTAL

5550.00

 

 

 

01-8102-7008

OWED G.F. FROM U.F.

0.00

01-8102-7009

TRANSFER TO UTILITY FUND

0.00

01-8102-7010

CONTINGENCY FUND

0.00

 

 

 

TOTAL

 

 

 

 

01-8106-7009

CAPITAL IMPROVEMENTS

0.00

 

 

TOTAL

EXPEND FOR FUND

617039.00

 

 

 

 

 

 

FY 2004/2005 UTILITY FUND BUDGET

 

Having been properly advertised and having been to public hearing, motion was made by Meg Tibbs to approve the 2004/2005 Utility Fund Budget as presented.  The motion received a second from Jack Woodell.  Voting was as follows:

 

Jack Woodell                        Aye

James Nowlin           Aye

Meg Tibbs                  Aye

 

Having received a motion and a second, Council adopted the 2004/2005 Utility Fund Budget unanimously.

 

 

 

REVENUE

 

 

 

 

 

 

WATER/SEWER

02

 

ACCOUNT

NAME

BUDGET 04/05

 

1100-0000

WATER & SEWER RENTS

$    255,000.00

 

1200-0000

WATER & SEWER CONNECTIONS

$        2,500.00

 

1300-0000

CUT ON FEES

$        3,000.00

 

1400-0000

W & S PENALTIES

$        3,000.00

 

1500-0000

W & S INTEREST

$                    -

 

1600-0000

CAMPBELL CO GRANT INFRASTRUCTURE

$      60,000.00

 

1700-0000

W & S MISCELLANEOUS REVENUE

$        2,500.00

 

1800-0000

DEPT OF EMERG SERVICES

$                    -

 

 

 

$    326,000.00

EXPENSE

BUDGET FY 2004 -2005

WATER AND SEWER FUND

BUDGET 04/05

 

 

 

 

 

02-1101-1001

ADMIN - SALARIES

6000.00

02-1101-1002

ADMIN - OVERTIME

0.00

02-1101-2001

ADMIN - SS/MEDI

480.00

02-1101-2002

ADMIN - VSRS

0.00

02-1101-2005

ADMIN - HOSPITAL INS

0.00

02-1101-2006

ADMIN - LIFE INS

0.00

02-1101-2011

ADMIN - WORKERS COMP

0.00

02-1101-5500

ADMIN - TRAVEL

0.00

02-1101-5801

ADMIN - DUES

0.00

 

 

 

TOTAL

6480.00

 

 

 

02-1102-3002

LEGAL SERVICES

2000.00

 

 

 

TOTAL

2000.00

 

 

 

02-1103-3002

AUDITOR

7500.00

 

 

 

TOTAL

7500.00

 

 

 

02-1104-3002

ENGINEER

1500.00

 

 

 

TOTAL

1500.00

 

 

 

02-1105-5401

W&S - OFFICE SUPPLIES

5500.00

02-1105-5402

W&S - STATE FEES

6000.00

02-1105-5403

W&S - INFORMATION TECH

2000.00

02-1105-5408

W&S - VEHICLE SUPPLIES

6500.00

02-1105-5411

BOOKS & SUB

150.00

02-1105-5413

W&S OTHER

150.00

 

 

 

TOTAL

20300.00

 

 

 

02-1106-5201

W&S POSTAL SERVICES

3275.00

02-1106-5203

W&S TELECOMMUNICATIONS

3000.00

 

 

 

TOTAL

6275.00

 

 

 

02-2101-1001

FILTER PLANT - SALARIES

42837.00

02-2101-1002

FILTER PLANT - OVERTIME

5500.00

02-2101-2001

FILTER PLANT - SS/MEDI

3427.00

02-2101-202

FILTER PLANT - VSRS

6855.00

02-2101-2005

FILTER PLANT - HOSPITAL

9040.00

02-2101-2006

FILTER PLANT - LIFE INS

605.00

02-2101-2011

FILTER PLANT - WORKMAN COMP

1000.00

02-2101-5500

FILTER PLANT - TRAVEL

300.00

 

 

 

TOTAL

69564.00

 

 

 

02-2102-3003

FILTER PLANT - ANALY

3500.00

02-2102-3004

FILTER PLANT TREATMENT

16000.00

02-2102-5101

FILTER PLANT - ELECTRIC

8500.00

02-2102-5102

FILTER PLANT - HEATING

3000.00

02-2102-5203

FILTER PLANT - TELECOM

1600.00

02-2102-5401

FILTER PLANT - OFFICE

100.00

02-2102-5403

FILTER PLANT - INFORMATION TECH

0.00

02-2102-5407

FILTER PLANT - REPAIR

20000.00

02-2102-5408

FILTER PLANT - VEHICLE

0.00

02-2102-5411

FILTER PLANT - BOOKS

300.00

02-2102-5801

FILTER PLANT - SAFETY EQUIP

2000.00

02-2102-5805

FILTER PLANT - MISC

0.00

 

 

 

TOTAL

55000.00

 

 

 

02-2103-3003

SEWER PLANT - ANALYT

5000.00

02-2103-5100

SEWER PLANT - FEMA/95F

0.00

02-2103-5101

SEWER PLANT - ELECTRIC

9000.00

02-2103-5102

SEWER PLANT - PUMP STATION

500.00

02-2103-5407

SEWER PLANT - REPAIRS

5000.00

02-2103-5408

SEWER PLANT - VEHICLE

2000.00

02-2103-5409

SEWER PLANT - OUTFALL RE

0.00

02-2103-5411

SEWER PLANT - BOOKS

0.00

02-2103-5805

SEWER PLANT - MISC

0.00

 

 

 

TOTAL

21500.00

 

 

 

 

 

 

02-2301-1001

W&S SALARIES

37400.00

02-2301-1002

W&S OVERTIME

3743.00

02-2301-2001

W&S SS/MEDICARE

2992.00

02-2301-2002

W&S VSRS

5984.00

02-2301-2005

W&S HEALTH INS

10000.00

02-2301-2006

W&S LIFE INS

528.00

02-2301-2011

W&S WORKMANS COMP

2000.00

 

 

 

TOTAL

62647.00

 

 

 

02-2302-2001

SEWER - ARCH/ENG FEES

0.00

02-2302-3001

SEWER - INSPECTION FEES

0.00

02-2302-4001

SEWER - CONNECTION FEES

0.00

02-2302-5001

SEWER - CONSTRUCTION FEES

0.00

02-2302-5407

W&S - REPAIR

15000.00

02-2302-5408

W&S VEHICLE SUPPLIES

5000.00

02-2302-5801

W&S - SAFETY EQUIP

600.00

02-2302-5805

W&S - MISC

0.00

02-2302-5806

W&S - INFLOW & INFILT

0.00

02-2302-5807

W&S PUMP STATION

5000.00

 

 

 

TOTAL

25600.00

 

 

 

02-2401-5605

WATER & SEWER BOND

28300.00

02-2401-5606

W&S INTEREST

10575.00

02-2401-5607

W&S DEPRECIATION

0.00

02-2401-5608

W&S GEN FUND LOAN

0.00

 

 

 

TOTAL

38875.00

 

 

 

02-2501-6001

W&S - CAPITAL IMPROVEMENTS

8759.00

 

 

 

TOTAL

8759.00

 

 

 

 

 

 

TOTAL

WATER & SEWER FUND

326000.00

 

 

ADOPTION OF DHCD DOCUMENTS AND PROCEDURES IN ANTICIPATION OF HOUSING AND INBFRASTRUCTURE GRANT

 

Coordinator of Section 504 compliance efforts.

 

Motion was made by Meg Tibbs, seconded by James Nowlin and unanimously carried appointing Laurie Francis, Clerk/Treasurer for the Town of Brookneal, coordinator of the section 504 compliance efforts.

 

Grievance Procedure

 

Motion was made by James Nowlin, seconded by Meg Tibbs and unanimously carried adopting the Grievance Procedure policy and appointing Laurie Francis, Clerk/Treasurer as the contact person for the grievance process.

 

 

TOWN OF BROOKNEAL

SECTION 504 GRIEVANCE PROCEDURES

 

GRIEVANCE PROCEDURE

 

The Town of Brookneal has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the Department of Housing and Urban Development’s (HUD) (24 CFR 8.53(b) implementing Section 504 of the Rehabilitation Act of 1973, as amended (29 USC 794).  Section 504 states, in part, that “no otherwise qualified handicapped individual. . . shall solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. . . . “

 

Complaints should be addressed to:  Laurie Francis, Clerk/Treasurer Town of Brookneal, P.O. Box 450, Brookneal, Virginia 434-376-3124, who has been designated to coordinate Section 504 compliance efforts.  Hearing-impaired persons are encouraged to contact the above named person through the Toll-Free, 24-hour Message Relay System at 1-800-828-1120-TDD.

 

  1. A complaint should be filed in writing or verbally to the Town designated Section 504 Compliance Officer, contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations.

 

  1. A complaint should be filed within 60 days after the complainant becomes aware of the alleged violation.  (Processing of allegations of discrimination occurring before this grievance procedure was in place will be considered on a case-by-case basis.)

 

  1. An investigation, as may be appropriate, shall follow a filing of a complaint.  The investigation will be conducted by Laurie Francis.  These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.  Under 24 CFR 8.53(b), the Town of Brookneal need not process complaints from applicants for employment or from applicants for admission to housing.

 

 

  1. A written determination as to the validity of the complaint and description of resolution, if any, shall be issued by Laurie Francis and a copy forwarded to the complainant no later than 30 days after its filing.

 

  1. The Section 504 coordinator shall maintain the files and records for the Town of Brookneal for the life of the CDBG grant relating to any complaint(s) filed.

 

  1. The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution.  The request for reconsideration should be made within 30 day to the Mayor of Brookneal.

 

  1. The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person’s pursuit of other remedies such as the filing of a Section 504 complaint with the Department of Housing and Urban Development.  Utilization of this grievance procedure is not a prerequisite to the pursuit of other remedies.

 

  1. These rules shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards and to assure that Town of Brookneal complies with Section 504 and the HUD regulations.

 

 

 

_______________________________________

Phyllis L. Campbell, Mayor, Town of Brookneal

 

 

________________________________________

Date

 

 

Non Discrimination Policy

 

Motion was made by Meg Tibbs to adopt a Non-Discrimination Policy.  The motion received a second from Jack Woodell.

 

Mayor Campbell called for a vote as follows:

 

Jack Woodell                        Aye

James Nowlin           Aye

Meg Tibbs                  Aye

 

The motion carried unanimously.

 

 

 

The Town of Brookneal

Non-Discrimination Policy

 

The Town of Brookneal or any employee thereof will not discriminate against an employee or applicant for employment because of race, age, handicap, creed, religion, color, sex, or national origin.  Administrative and Personnel officials will take affirmative action to insure that this policy shall include, but not be limited, to the following:  employment, upgrading, demotion or transfer; rates of pay or other forms of compensation; and selection for training.

 

RESIDENTIAL ANTI-DISPLACEMENT and RELOCATION ASSISTANCE PLAN.

Motion was made by James Nowlin to adopt the following Residential Anti-Displacement and Relocation Assistance Plan.  The motion received a second from Jack Woodell.

 

Mayor Campbell called for a vote as follows:

 

Jack Woodell                        Aye

James Nowlin           Aye

Meg Tibbs                  Aye

 

The motion carried unanimously.

 

 

 

RESIDENTIAL ANTI-DISPLACEMENT and

RELOCATION ASSISTANCE PLAN

The Town of Brookneal will replace all occupied and vacant occupiable low/moderate-income dwelling units demolished or converted to a use other than as low/moderate income dwelling unit as a direct result of activities assisted with funds provided under the Housing and Community Development Act of 1974, as amended. All replacement housing will be provided within three (3) years of the commencement of the demolition or rehabilitation relating to conversion.

 

Before obligating or expending funds that will directly result in such demolition or conversion, the Town of Brookneal will make public and advise the state that it is undertaking such an activity and will submit to the state, in writing, information that identifies:

 

 

  1. A description of the proposed assisted activity;

 

  1. The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as low/moderate-income dwelling units as a direct result of the assisted activity;

 

  1. A time schedule for the commencement and completion of the demolition or conversion;

 

  1. The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units;

 

  1. The source of funding and a time schedule for the provision of replacement dwelling units;

 

  1. The basis for concluding that each replacement dwelling unit will remain a low/moderate-income dwelling unit for at least 10 years from the date of initial occupancy; and

 

  1. Information demonstrating that any proposed replacement of dwelling units with smaller dwelling units is consistent with the housing needs of low- and moderate- income households in the jurisdiction.

 

 

The Town of Brookneal will provide relocation assistance to each low/moderate – income household displaced by the demolition of housing or by the direct result of assisted activities. Such assistance shall be that provided under Section 104 (d) of the Housing and Community Development Act of 1974, as amended, or the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.

 

The Town of Brookneal anticipates the following activities to be undertaken towards the implementation of the FY2004 CIG application submitted the Virginia Department of Housing and Community Development:

 

  • Rehabilitation of 16 homes – 11 owner-occupied & 5 investor-owned to DHCD Housing Quality Standards;
  • Substantial reconstruction of 10 homes;
  • Demolition of 6 structures;
  • Construction of approximately 700 linear feet 2-inch PVC water line and 600 linear feet of 6-inch Ductile Iron line;
  • Construction of approximately 2,000 linear feet of 8-inch gravity PVC Gravity Sewer line;
  • Roadway improvements including repair, resurfacing, drainage improvements and lighting.

 

The activities as planned will not cause any displacement from or conversion of occupiable structures. As planned, the project calls for the use of existing right-of-way or easements to be purchased or the acquisition of tracts of land that do not contain housing. The Town of Brookneal will work with the grant management staff, engineers, project area residents, and the Department of Housing and Community Development to insure that any changes in project activities do not cause any displacement from or conversion of occupiable structures.

 

In all cases, an occupiable structure will be defined as a dwelling that meets local building codes or a dwelling that can be rehabilitated to meet code for $25,000, excluding DHCD exceptions, or less.

 

 

LOCAL BUSINESS AND EMPLOYMENT PLAN

 

Motion was made by James Nowlin to adopt the following Local Business and Employment Plan.  The motion received a second from Jack Woodell.  Mayor Campbell called for the vote as follows:

 

Jack Woodell                        Aye

James Nowlin           Aye

Meg Tibbs                  Aye

 

The motion carried unanimously.

 

 

TOWN OF BROOKNEAL

LOCAL BUSINESS AND EMPLOYMENT PLAN

  1. The Town of Brookneal designates as its Local Business and Employment Project Area, the boundaries of Campbell, Charlotte, and Halifax Counties.

 

  1. The Town of Brookneal, its contractors, and designated third parties shall in utilizing Community Improvement Grant funds utilize, to the greatest extent feasible, businesses and lower income residents of the Project Area in carrying out all activities.

 

  1. In awarding contracts for work and for procurement of materials, equipment or services of Mattox/Claytor Street Area Neighborhood Revitalization CDBG Project, its contractors, and designated third parties shall take the following steps to utilize businesses which are located in or owned in substantial part by persons residing in the Project Area are:

 

  1. The Town of Brookneal shall ascertain what work and procurements are likely to take place through the Community Improvement Grant Funds.
  2. The Town of Brookneal shall ascertain through various and appropriate sources including:

·         The News & Advance, Lynchburg, Virginia newspaper

  • Union Star, local Brookneal Paper

the business concerns within the Project Area which are likely to provide materials, equipment and services which will be utilized in the activities funded through the Community Improvement Grant.

  1. The identified business concerns shall be appraised of opportunities to submit bids, quotes or proposals for work or procurement contracts which utilize CIG funds.
  2. To the greatest extent feasible the identified business and any other project area business concerns shall be utilized in activities which are funded with Community Improvement Grant funds.

 

  1. In the utilization of trainees or employees for activities funded through the Community Improvement Grant funds the Town of Brookneal, its contractors and designate third parties shall take the following steps to utilize lower income persons residing in the Project Area.
    1. The Town of Brookneal in consultation with its contractors (including design professionals) shall ascertain the types and number of positions for both trainees and employees which are likely to be utilized during the project funded by Community Improvement Grant funds.
    2. The Town of Brookneal shall advertise through the following sources
  • The News & Advance, Lynchburg, Virginia Newspaper
  • Union Star, Brookneal Paper

the availability of such positions with the information on how to apply.

  1. The Town of Brookneal, its contractors, and designated third parties shall be required to maintain a record of inquiries and applications by project area residents who respond to advertisements, and shall maintain a record of the status of such inquires and applications.
  2. To the greatest extent feasible, the Town of Brookneal, its contractors, and designated third parties shall utilize lower income project area residents in filling training and employment positions necessary for implementing activities funded by the Community Improvement Grant.

 

  1. In order to ascertain substantial compliance with the above affirmative actions and Section 3 of the Housing and Community Development Act of 1968, the Town of Brookneal shall keep, and require to be kept by contractors and designated third parties, listings of all persons employed and all procurements made through the implementation of activities funded by Community Improvement Grant funds. Such listings shall be completed and shall be verified by site visits and interviews, crosschecking of payroll reports and invoices, and through audits if necessary.

 

 

FAIR HOUSING CERTIFICATION

 

Be it resolved that motion was made by Meg Tibbs to adopt the following Fair Housing Certification.  The motion received a second from Jack Woodell.  Mayor Campbell called for the vote as follows:

 

Jack Woodell                        Aye

James Nowlin           Aye

Meg Tibbs                  Aye

 

The motion carried unanimously.

 

 

FAIR HOUSING CERTIFICATION

 

Compliance with Title VIII of the Civil Rights Act of 1968

 

Whereas, the Town of Brookneal has applied for and intends to accept federal funds authorized under the Housing and Community Development Act of 1974, as amended, and

 

Whereas, recipients of funding under the Act are required to take action to affirmatively further fair housing;

 

Therefore, the Town of Brookneal agrees to take at least one action to affirmatively further fair housing each grant year, during the life of its project funded with Community Development Block Grant funds. The action taken will be selected from a list provided by the Virginia Department of Housing and Community Development, completion will be monitored by the Housing Board, and documentation of fair housing program action will be submitted to DHCD for approval.

 

 

AWARD OF DHCD BROOKNEAL BUSINESS DISTRICT REVITALIZATION PLANNING GRANT

 

The Department of Housing and Community Development has notified the Town that the Department is awarding a pre-planning grant to evaluate the needs of the Town’s Business District for a possible construction grant.  The pre-planning funds will be used to conduct various public meetings to explain the process and perform surveys of the local businesses to evaluate their interest in possible improvements to their building fronts.  The construction grant has the potential of sidewalk improvements, addition of period lighting, and developing a streetscape theme throughout the Town.

 

Bill Gillespie, Town Manager,  briefed Council on the process and informed Council of the need to appoint a Council member to serve on the initial management team to get the process moving.

 

Mr. Gillespie added that it would also be necessary to involve the local Chamber of Commerce and several of the business community on the management team.

 

After a brief discussion, Council, by consensus, agreed that Meg Tibbs would represent the Town Council on the management team.

 

 

ADJOURNMENT

Upon motion by James Nowlin, Mayor Campbell declared the June 8, 2004 meeting of the Brookneal Town Council adjourned.

 

 

 

 

___________________________           ____________________________

Laurie C. Francis,                                        Phyllis Campbell,

Clerk/Treasurer                                            Mayor

 

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Email Us
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P.O. Box 450/215 Main Street
Brookneal, VA 24528