LURAY TOWN COUNCIL July 9, 2018 - 7:00 p.m. MEETING...

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1 LURAY TOWN COUNCIL July 9, 2018 - 7:00 p.m. MEETING AGENDA I. CALL TO ORDER & Mayor Presgraves PLEDGE ALLEGIANCE TO THE U.S. FLAG II. ROLL CALL Danielle Babb III. CONSENT AGENDA Mayor Presgraves IV. GENERAL CITIZEN COMMENTS (other than agenda items) V. PRESENTATIONS VI. PUBLIC HEARINGS A) Code Amendments - Itinerant Merchant, Peddler, & Commercial Solicitor Steve Burke VII. DEPARTMENTS, TOWN BOARDS AND COMMISSIONS A) Chamber of Commerce Gina Hilliard B) Luray Downtown Initiative Meredith Dees VIII. ACTION & DISCUSSION ITEMS A) Resolution of Support – US 211/340 & Big Oak Intersection Improvements Amity Moler B) General Assembly Activity Update Jason Botkins C) Board of Zoning Appeals – Appointment Recommendations Steve Burke D) USDA Rural Development – Sewer Improvements Financing Bryan Chrisman E) Bridge Construction Update Bryan Chrisman IX. OLD BUSINESS A) Draft Code Amendment – Assembly/Event Permitting Steve Burke X. TOWN ATTORNEY’S REPORT Jason Botkins XI. MAYOR’S ANNOUNCEMENTS Mayor Presgraves XII. ADJOURN Version Date: June 28, 2018 10:30 a.m.

Transcript of LURAY TOWN COUNCIL July 9, 2018 - 7:00 p.m. MEETING...

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LURAY TOWN COUNCIL

July 9, 2018 - 7:00 p.m.

MEETING AGENDA I. CALL TO ORDER & Mayor Presgraves PLEDGE ALLEGIANCE TO THE U.S. FLAG II. ROLL CALL Danielle Babb III. CONSENT AGENDA Mayor Presgraves IV. GENERAL CITIZEN COMMENTS (other than agenda items) V. PRESENTATIONS VI. PUBLIC HEARINGS

A) Code Amendments - Itinerant Merchant, Peddler, & Commercial Solicitor Steve Burke

VII. DEPARTMENTS, TOWN BOARDS AND COMMISSIONS A) Chamber of Commerce Gina Hilliard

B) Luray Downtown Initiative Meredith Dees VIII. ACTION & DISCUSSION ITEMS

A) Resolution of Support – US 211/340 & Big Oak Intersection Improvements Amity Moler B) General Assembly Activity Update Jason Botkins C) Board of Zoning Appeals – Appointment Recommendations Steve Burke D) USDA Rural Development – Sewer Improvements Financing Bryan Chrisman E) Bridge Construction Update Bryan Chrisman

IX. OLD BUSINESS

A) Draft Code Amendment – Assembly/Event Permitting Steve Burke X. TOWN ATTORNEY’S REPORT Jason Botkins XI. MAYOR’S ANNOUNCEMENTS Mayor Presgraves

XII. ADJOURN

Version Date: June 28, 2018 10:30 a.m.

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Town of Luray

PO Box 629

45 East Main Street

Luray, VA 22835

www.townofluray.com

540.743.5511

Mayor Barry Presgraves

150 Collins Avenue

Luray, VA 22835

Term: 2017-2020

Council Members Leroy Lancaster

112 Reservoir Avenue

Luray, VA 22835

Term: 2017-2020

Joey Sours

525 Atkins Drive

Luray, VA 22835

Term: 2017-2020

Leah Pence

51 W Main Street

Luray, VA 22835

Term: 2017-2020

Jerry Schiro

142 Leaksville Road

Luray, VA 22835

Term: 2014-2018

Jerry Dofflemyer

295 Heritage Drive

Luray, VA 22835

Term: 2015-2018

Ronald Vickers

6 Lewis Street

Luray, VA 22835

Term: 2014-2018

Town Officials:

Town Manager – Steven Burke

Assistant Town Manager- Bryan Chrisman

Planning & Zoning – Brooke Newman

Town Clerk/ Treasurer- Mary Broyles

Deputy Town Clerk/ Treasurer- Danielle Babb

Chief of Police- Bow Cook

Superintendent of Public Works- Lynn Mathews

Parks & Recreation Director- Pat O’Brien

Commissions & Committees:

Luray Planning Commission

Luray-Page County Airport Commission

Luray Tree and Beautification Committee

Luray Board of Zoning Appeals

Luray Downtown Initiative

Luray-Page County Chamber of Commerce

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I move to approve the following Consent Agenda (All items must be read):

CONSENT AGENDA

(A) Minutes of the Regular Council Meeting – 6-11-18

(B) Minutes of the Council Work Session – 6-26-2018

(C) Financial Report- Month Ending - 6-30-2018

(D) Accounts Payable checks totaling- $ 480,720.36

Prepared By:

______________________________

Mary F. Broyles, Treasurer

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A REGULAR MEETING OF

THE TOWN COUNCIL

OF

THE TOWN OF LURAY, VIRGINIA

MONDAY, JUNE 11, 2018

The Luray Town Council met in regular session on Monday, June 11, 2018, at 7:00 p.m. in the Luray

Town Council Chambers located at 45 East Main Street, Luray, Virginia at which time there were present the following:

Presiding: Mayor Barry Presgraves

Council Present:

Ronald Vickers

Jerry Dofflemyer

Jerry Schiro

Leroy Lancaster

Leah Pence

Council Absent:

Joseph Sours

Also Present: Steve Burke, Town Manager

Bryan Chrisman, Assistant Town Manager

Jason Botkins, Town Attorney

Mary Broyles, Clerk-Treasurer

Danielle Babb, Deputy Clerk-Treasurer

Chief C.S. “Bow” Cook, Luray Police Department

Meredith Dees, Luray Downtown Initiative

William Huffman, Luray Downtown Initiative

Jason Pettit, Luray Downtown Initiative/ Business Owner

Cathie Miranda, Page Valley Arts Council

A quorum being present, Mayor Presgraves declared the Council to be in session for the transaction of

business. All present stood for a moment of silence. Councilman Schiro led everyone in the United

States Pledge of Allegiance.

CONSENT AGENDA

Motion: Councilman Schiro motioned to approve the Consent Agenda, motion seconded by

Councilman Vickers with the vote as follows: YEA: Council Members Vickers, Dofflemyer, Schiro,

Lancaster, Pence. Approved 5-0

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Consent Agenda

(A) Minutes of the Regular Council Meeting –5-14-18

(B) Minutes of the Council Work Session – 5-22-2018

(C) Financial Report- Month Ending 5-31-2018

(D) Accounts Payable checks totaling- $202,178.53

CITIZEN COMMENT

Cathie Miranda – 317 East Main Street

Ms. Miranda spoke on behalf of the Page Valley Arts Council and provided Council members a copy of

the new rack card. Ms. Miranda requested permission to place these in the lobby of Town Hall and noted

other locations that the cards are being displayed. She also mentioned two upcoming art shows that will

take place, one will be in December and feature and arts market at the PALS Center. Ms. Miranda also

advised members that the Arts Council has received TOT Monies from Page County and noted plans to

use these funds for marketing efforts. The rack card also details Saturday activities and classes that are

available on Thursdays at various locations. Special Events and Concerts are also mentioned under the music portion of the card.

PUBLIC HEARINGS

SUP 18-4 – 335 N. Hawksbill Street

Town Manager, Steve Burke, presented information on the request for a special use permit from Steward

and Judy Yowell for a Lodging House at 335 North Hawksbill Street. The property is zoned R-3 with

adjacent property similarly zoned. Properties directly across the street are zoned B-1 and M-1. The

Planning Commission has approved the request and staff recommends consideration. Staff also

recommends the five conditions that are listed in the staff report. Councilman Vickers asked if any

comments had been received from neighbors. Mr Burke said that no comments from the public have

been received. Councilman Dofflemyer asked about the Planning Commission’s vote. Mr. Burke said

he believed the vote from the Commission was unanimous. Councilwoman Pence expressed concerns

about the parking available. She felt that there was not enough parking spaces and that the conditions

placed on the special use permit were not conditions that could be met or enforced. Mr. Burke said that placing some conditions on the use provides the town some enforcement action.

Mayor Presgraves opened the public hearing for citizen comment. With no one present to speak on the issue, the hearing was closed.

Councilwoman Pence questioned the number of bedrooms at the property and the parking expectations.

Ms. Pence said that the Council should not knowingly make the condition of parking that cannot be met.

Mr. Burke said that likely there would be adequate parking as there can be no more than six guests which

would consist of one to two cars at most. Mayor Presgraves confirmed that if the property is sold that the Special Use Permit conveys with the property.

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Motion: Councilman Vickers motioned to approve the Special Use Permit request from Steward and

Judy Yowell to operate a lodging house at 335 North Street (Tax Map 42A4-A-20) with the following

conditions: 1) Occupancy of no more than six (6) guests at any one time; 2) Off-street parking is required

for all guest vehicles; 3) One identification sign can be permitted on the property not exceeding four square

feet on either side; 4) Meals if provided shall be served to only guests renting bedrooms in the dwelling;

and 5) Obtain a Town Business License; transient occupancy tax and meals tax must be collected and

remitted to the Town. Motion seconded by Councilman Schiro with the vote as follows: YEA: Council

Members Vickers, Dofflemyer, Schiro, Lancaster, Pence. Approved 5-0

DEPARTMENTS, TOWN BOARDS AND COMMISSIONS

Luray Downtown Initiative

Ms. Meredith Dees advised members that she is back from maternity leave and in the LDI office regularly.

She said that LDI is awaiting the prototype of the downtown banners and hopes to have the sample soon

to show Council members. Ms. Dees also thanked Council members for their consideration during the

approval of the FY2019 budget. Councilman Vickers said that in keeping with the downtown banners,

he would like to see a Luray High School banner on Main Street at the intersection of Leaksville Road.

Mr. Vickers said that he got the idea from the Town of New Market banners that show their school spirit

alongside the downtown banner. Ms. Dees said that she was uncertain of the cost of a single order and would certainly look into this and into the design concept.

ACTION & DISCUSSION ITEMS

FY 2018-2019 Rates & Fees

Mr. Burke asked for Council’s consideration of the FY2018-2019 Rates and Fees Schedule. He noted

that the utility rates were adopted as a part of the budget process. Mr. Burke said that the only change

will be under the rates for Parks and Recreation and include a $100 refundable deposit for larger groups

requesting shelter reservations. He said that this change is due to lengthy clean up after shelter rentals,

excess garbage, moved tables, and additional staff time on the weekends. Councilman Vickers asked if

this charge would be at the discretion of the Town Manager. Mr. Burke said that scout groups and others

would not be charged; he noted that mainly the issue is with large events such as weddings. Councilman

Dofflemyer suggested that the deposit fee be collected at the time the shelter fee is charged. Councilman

Dofflemyer asked if there would be an exception for Town residents. Councilman Schiro suggested

leaving it at the discretion of the Town Manager. Councilman Lancaster agreed that other groups charge

a deposit for the use of their facilities and that the deposit usually ensures a good clean up, but sometimes

the deposit won’t be reimbursed if the cleanup isn’t satisfactory.

Motion: Councilman Schiro motioned to approve the FY 2018-2019 Rates and Fees Schedule as

presented with the provisions as discussed, motion seconded by Councilman Dofflemyer with the vote

as follows: YEA: Council Members Vickers, Dofflemyer, Schiro, Lancaster, Pence. Approved 5-0

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Readoption of Portions of the Code of Virginia

Mr. Burke said that Council is requested to consider the adoption of an Ordinance readopting portions of

the Code of Virginia that have been updated for FY 2018-2019. This will allow the Town to enforce

these State statutes and regulations. Mr. Burke noted that this is an annual housekeeping matter to readopt

these portions of the code.

Motion: Councilman Dofflemyer motioned to adopt the Ordinance readopting portions of the Code

of Virginia as presented, motion seconded by Councilman Lancaster with the vote as follows: YEA:

Council Members Vickers, Dofflemyer, Schiro, Lancaster, Pence. Approved 5-0

West Main Street Bridge Update

Assistant Town Manager, Bryan Chrisman, updated Council members on the replacement of the West

Main Street Bridge. He provided Council with two copies of public notices regarding traffic related issues

and the disruption of water service. Mr. Chrisman noted that Tyler Austin, Racey Engineering, has

provided an updated progress report that Council members have been given a copy of. Councilman

Vickers complemented the downtown informational kiosks. Mr. Chrisman said that he along with the

Town Manager, Chief Cook, and Ms. Dees will be looking at traffic detour patterns and routes. They will

be experimenting with GPS detour routes and how these will affect visitors. Council members inquired

about the timeline for demolition. Mr. Chrisman said that demolition is still scheduled for August but

could be earlier. He noted that the crane will arrive into Town and that a pad must first be built in the

stream for the crane to operate from. Members also discussed the plans for a time lapse camera.

OLD BUSINESS

Draft Code Amendments- Itinerant Merchants, Peddlers, & Solicitors

Town Manager, Steve Burke, discussed the draft code amendments pertaining to Itinerant Merchants,

Peddlers, and Solicitors. Mr. Burke said that staff would like approval to advertise these amendments

for public hearing. The changes include the following; Establish Section 30-1 to regulate Commercial

Solicitor hours and practices, Modify 30-36 to specify a business license for each definite location to allow

business with a definite location license to operate as an itinerant merchant, Modify 30-38 to require

currency on Town taxes prior to issuance of a Business License, Modify 30-71 to specify a general $500

Business License tax rate unless specifically stated elsewhere in the Code, Modify 30-96 to establish a

$500 per year Business License tax rate for itinerant merchants, eliminate proration, and establish

exemptions for Itinerant Vendor Business License taxes, Modify 30-97 to establish $250 per year Business

License tax rate for peddlers not selling perishable items and establish exemptions for Peddler Business

License taxes and eliminate proration, Establish Section 30-102 to define Commercial Solicitors, establish

their Business License tax rates, and establish exemptions for Commercial Solicitor Business License

taxes and eliminate proration.

Council members discussed the difference between itinerant merchant versus peddler. Mr. Burke

explained that the peddler moves from place to place within the Town, such as to move from door to door.

Councilman Lancaster noted a type correction to be changed from “with the town” to “within the town”.

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Councilwoman Pence disagreed with the $250 fee for peddlers. Councilman Lancaster agreed with Ms.

Pence that the fees should be uniform. Council members agreed on the $500 fee for Itinerant Vendors

and Peddlers alike. Chief Cook asked about the provision for existing businesses. Mr. Burke said that is

covered in the amendment changes, and will allow for an existing location to operate as an itinerant

merchant. All members agreed to advertise for the next meeting.

TOWN ATTORNEY

Town Attorney, Jason Botkins, noted that he is making progress on revisions to the Town Charter. He hopes for Council to review this sometime this Summer.

ANNOUNCEMENTS/ ADJOURN

Mayor Presgraves reminded all of the Annual Employee Picnic on July 3rd. Councilman Dofflemyer

recognized Town Staff for their work during the recent flooding. Councilwoman Pence inquired about the

mowing of the riparian area on the Greenway. Ms. Pence noted that it is nice to have this natural buffer

along the trailside. Mr. Chrisman noted that there is no longer a CREP Program in place and thus no

longer regulations about this area. Mr. Chrisman said that staff prefers to keep this area more manageable.

Councilman Vickers discussed sidewalk spraying with Town Manager, Mr. Burke. With no further business, the meeting was adjourned at 7:46 pm.

_____________________________

Barry Presgraves

Mayor

__________________________

Danielle Babb

Deputy Clerk-Treasurer

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MINUTES OF A TOWN COUNCIL WORK SESSION MEETING

TOWN OF LURAY, VIRGINIA Tuesday, June 26, 2018

5:30pm

The Luray Town Council met in a Work Session Meeting on Tuesday, June 26, 2018 at 5:30 p.m. in the Luray Town Council Chambers located at 45 East Main Street, Luray, Virginia at which time there were present the following: Presiding: Mayor Barry Presgraves Council Present: Ron Vickers

Jerry Dofflemyer Jerry Schiro Leroy Lancaster

Joseph Sours Council Absent: Leah Pence Others Present: Steven Burke, Town Manager

Bryan Chrisman, Assistant Town Manager Chief C.S. “Bow” Cook Mary Broyles, Clerk - Treasurer Danielle Babb, Deputy Clerk Treasurer

Cynthia Hines, USDA Mayor Presgraves led members in the United States Pledge of Allegiance. The roll was called with one member absent. UPDATES & DISCUSSION ITEMS USDA Sewer System Improvement Assistant Town Manager, Bryan Chrisman, introduced Ms. Cyndy Hines of Rural Development-USDA to discuss the Town’s financing of Sewer System Improvements. Cyndy Hines- USDA – Rural Development Ms. Hines said she enjoys working with small towns and has worked with other institutions in Luray. The agency assists with financing for water and sewer improvements, hospitals, fire departments, and more. Ms. Hines presented information to Town Council on the financing options available through USDA. She explained that the interest rate available to the Town is currently 3.125% and is based on the town’s median household income. She furthered that the interest rate is fixed and there are no prepayment penalties. The Town would be required to

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provide a general obligation bond or a revenue bond for the repayment of the loan. The financing could include legal fees, bond counsel fees, construction costs, etc. Council was provided with several handouts, one of which detailed the engineering estimate for the total sewer improvements of $4.42 million. Ms. Hines explained the loan application process, letter of conditions, construction bid selection, and monthly progress meetings. Another handout detailed the Town’s four existing VRA Loans, annual payments, and savings to be recognized after the refinance. Councilman Schiro asked at what point the interest rate would be locked in. Ms. Hines stated that it would be at the point the letter of conditions is issued and would be before the end of October. She furthered that her agency does operate on an October fiscal year and that the deadline for the application has been extended to mid-July. Ms. Hines noted that this would help the town’s overall debt service. Councilman Schiro noted that this would be extending the loans from 20 years to 40 years. Ms. Hines explained that Council can refinance all, or part, of existing loans and various options can be reviewed by members and staff. Councilman Dofflemyer discussed the town’s existing rate schedule and inquired about the impact on rates for citizens due to the financing requirements. Ms. Hines discussed how the USDA calculates rates and explained the process of “EDU Calculations”. She noted that the Town would need to raise rates incrementally each year. Councilman Vickers asked about the nature of the improvements. Mr. Chrisman said that the improvements would include influent station improvements, septage receipt improvements and metering, wastewater plant needs, collections system upgrades, and trunk line repairs/expansion. Mr. Chrisman explained that overall this would allow the Town room to expand its sewer system and accept additional users. Mr. Chrisman added that East Luray has its share of sewer related challenges and this is a very serious consideration for Council. Ms. Hines stated that the Richmond office has extended the application deadline to July and will need to be submitted by mid-month. She added that this financing availability may not be available again until next Spring upon the agency’s new budget year, if at all. Councilman Sours suggested not refinancing existing zero percent debt and also using an accelerated repayment schedule to shorten the 40 year term. Mayor Presgraves discussed the impact of rising rates on citizens. Council and Town Staff also discussed the issue of septage receival and the lack of metering. Councilman Schiro discussed areas for system growth and the capability of offering sewer service. Council members requested additional figures and scenarios for consideration. Councilman Dofflemyer verified that if the application deadline can be met in July, then the rate could be locked in. Mr. Chrisman said that he would bring back additional information at the July 9th meeting for Council to consider. Board of Zoning Appeals – Term Expirations Town Manager, Steve Burke, said that there are two individuals on the Board of Zoning Appeals whose terms are set to expire. Mr. Burke said he has spoken to Ms. Rose Anne Smythe and she would like to be reappointed. Mr. Burke said he has not yet heard from Mr. Michael Swenson. Mayor Presgraves said that he has spoken with Mr. Swenson and should hear back from him this week. Special Event Permit Mr. Burke discussed the draft Special Event Permit and new Town Code Section 74-22 which would establish new regulations and process for the use of Town Right-of-Way, Parks, Events, Assemblies, Parades, etc. Mr. Burke said that he has included recommendations received from Mr. Botkins. Council was provided with a copy of the draft code, draft application, and draft permit. Mr. Burke asked that if Council members have any questions or comments that they see staff. Council will re-visit the issue at the July or August meeting. Chief Cook mentioned that the application process gives staff a chance to speak with groups and discuss their intentions for such events. He said that this allow staff to assess if the event should be approved, rules to be

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followed, and staff/police personnel needed. Mr. Burke said that the intention is to avoid events that may result in conflict between two opposing groups. Social Media Town Manager, Steve Burke, discussed the Town’s use of Social Media and noted that the Town has expanded its social media presence to include Facebook, Instagram, and Linkedin. Mr. Burke is proposing Council consider the adoption of Town Code Section 2-177 regarding Social Media. He noted that the policy would provide guidance to staff as well as specify the unacceptable public comment posts that staff would be authorized to remove from the social media sites. The policy and guidelines have been reviewed and changes recommended by Town Attorney Jason Botkins. Councilman Sours inquired about the Town’s current policy on social media citizen comments. Mr. Burke said that currently the policy is wide open. Movie Night Funding Town Manager, Steve Burke, said that the Council is requested to discuss funding in the amount of $500 from the Parks and Recreation line item to assist the Chamber of Commerce in purchasing a new projector for their movie night events. Mr. Burke said that with the financial contribution also comes to ability to utilize the projector and screen for any events that the town may want to conduct. Mr. Burke said that Page County TOT monies are not available for capital purchases and are only available for events that draw out of town guests. The overall cost of the projector is about $1400 with the Town contributing $500 toward the purchase. ANNOUNCEMENTS/ ADJOURN Mr. Burke said that the July 4th Fireworks display is on track and provided a copy of the land use agreement with Motel Inc. Mayor Presgraves reminded everyone of the Employee Picnic on July 3rd. Councilman Lancaster mentioned an Updike garbage truck that is trafficking through town and would like for staff and the Police Chief to look into. Also, Mr. Lancaster discussed mowing issues in town and throwing grass into the streets and storm drains. Chief Cook said that he has addressed one issue in particular. Councilman Lancaster would like to see the Page News and Courier do an article on this. He also suggested that Town employees be mindful of grass in the roadways as well. Mr. Lancaster also discussed the Tannery property and the overgrowth issues there. Mr. Burke said that due to the fireworks display on this property the Town will have to mow the entire area in order to mitigate any fire hazards. Councilman Lancaster also discussed various street lights that are out. Chief Cook said that his department will more closely monitor these and that town staff is reporting these to SVEC. Lastly, Councilman Lancaster discussed metering for bulk water and contractors using hydrants. He discussed contractors using the hydrants to fill pools, and suggested a hydrant meter. He also recalled former discussions on placing a drop near the Water Plant so that contractors must pull up and pay for water at that location only. Assistant Town Manager, Bryan Chrisman, said that the Bridge work is on schedule and full street closure should commence between July 9th and 16th. Current work is on the waterline across Hawksbill Creek.

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With no further business, Mayor Presgraves adjourned the Work Session Meeting of the Luray Town Council at approximately 6:50 p.m. __________________________________ Mayor, Barry Presgraves ____________________________________ Deputy Clerk, Danielle Babb

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REVENUES - FY 2017-2018

9-Jul-18General Fund Revenue 30-Jun-18 %

Approp. Year-to-Date Balance Remaining

Account # Description Amount Amount

3-100-11010-0001 Current Real Property Taxes 1,265,865.00 1,229,812.50 36,052.50 2.85%

3-100-11010-0002 Delinquent Real Property Taxes 12,000.00 20,557.36 -8,557.36 -71.31%

3-100-11010-0004 Enterprise zone RE Rebate 0.00 -1,342.48 1,342.48 -100.00%

3-100-11020-0001 Public Service Corp. Taxes 57,300.00 56,339.23 960.77 1.68%

3-100-11030-0001 Current Personal Prop.Taxes 168,333.00 174,318.40 -5,985.40 -3.56%

3-100-11030-0002 Delinquent Personal Prop. Taxes 2,800.00 6,819.97 -4,019.97 -143.57%

3-100-11031-0001 Current Mobile Homes Tax 650.00 686.75 -36.75 -5.65%

3-100-11060-0001 Penalties - all taxes 9,500.00 8,983.94 516.06 5.43%

3-100-11060-0002 Interest - all taxes 12,000.00 13,917.48 -1,917.48 -15.98%

3-100-12010-0001 Local Sales and Use Taxes 199,500.00 155,159.77 44,340.23 22.23%

3-100-12020-0001 Consumer Utility Taxes 75,000.00 60,078.15 14,921.85 19.90%

3-100-12020-0002 State Communications Tax 72,000.00 59,295.50 12,704.50 17.65%

3-100-12020-0005 Right of Way Fees 25,000.00 17,999.57 7,000.43 28.00%

3-100-12030-0001 Business License Tax 312,500.00 300,274.15 12,225.85 3.91%

3-100-12030-0002 Enterprise zone Bus. Lic.Rebate 0.00 -4,557.78 4,557.78 -100.00%

3-100-12040-0001 Franchise License Tax 31,000.00 28,175.81 2,824.19 9.11%

3-100-12050-0001 Motor Vehicle Fee 56,000.00 56,402.53 -402.53 -0.72%

3-100-12060-0001 Bank Franchise Tax 199,500.00 200,873.27 -1,373.27 -0.69%

3-100-12070-0001 Transient Occupancy Tax 236,500.00 207,544.11 28,955.89 12.24%

3-100-12070-0002 Enterprise Zone TO Tax Rebate 0.00 -14,995.46 14,995.46 -100.00%

3-100-12080-0001 Meals Tax 686,150.00 607,982.60 78,167.40 11.39%

3-100-12080-0002 Enterprise Zone Meals Tax Rebate 0.00 -11,109.39 11,109.39 -100.00%

3-100-12090-0001 Cigarette Tax 150,000.00 128,487.26 21,512.74 14.34%

3-100-13030-0001 Zoning-Special Use Permit 14,000.00 10,220.00 3,780.00 27.00%

3-100-14010-0001 Court Fines & Foreitures 16,000.00 13,134.57 2,865.43 17.91%

3-100-14010-0003 Parking Fines 1,035.00 -1,035.00 -100.00%

3-100-15010-0001 Interest on Investments 6,000.00 107.93 5,892.07 98.20%

3-100-15020-0001 Rental - General Property 500.00 850.00 -350.00 -70.00%

3-100-15020-0002 Rental - Rec. Prop. & Facilities 5,500.00 5,390.00 110.00 2.00%

3-100-15020-0005 Rental - Depot 6,000.00 6,000.00 0.00 0.00%

3-100-15020-0006 Rental - Airport Hangars 45,120.00 0.00 45,120.00 100.00%

3-100-16030-0001 Police - Vehicle Impoundment 199.00 -199.00 -100.00%

3-100-16080-0001 Waste Collections & Disposal 275,000.00 252,679.48 22,320.52 8.12%

3-100-16120-0001 Swimming Fees 18,000.00 17,134.96 865.04 4.81%

3-100-16120-0002 Fishing & Boating Fees 4,800.00 7,758.50 -2,958.50 -61.64%

General Fund Revenue %

Approp. Year-to-Date Balance Remaining

Account # Description Amount Amount

3-100-16120-0003 Shelter Rentals 10,500.00 9,785.00 715.00 6.81%

3-100-16120-0004 Cola Commissions 550.00 317.87 232.13 42.21%

3-100-16120-0005 Recreation Program Donations 1,500.00 1,190.00 310.00 20.67%

3-100-16120-0006 Greenway Donations 500.00 1,250.00 -750.00 -150.00%

3-100-16120-0007 Hawksbill Greenway Foundation 20,000.00 23,015.00 -3,015.00 -15.08%

3-100-16120-0010 Depot - Donations 100.00 0.00 100.00 100.00%

3-100-16120-0011 Lake Arrowhead Concessions 2,100.00 2,937.25 -837.25 -39.87%

3-100-16120-0013 Recreation - Special Events 42,000.00 29,876.00 12,124.00 28.87%

3-100-16120-0015 Page County Donations 10,000.00 0.00 10,000.00 100.00%

3-100-18030-0001 Rebates & Refunds 300.00 158.41 141.59 47.20%

3-100-18990-0001 Miscellaneous Income 3,500.00 1,891.76 1,608.24 45.95%

3-100-18990-0002 Sale of Equipment 3,000.00 0.00 3,000.00 100.00%

3-100-18990-0003 Police Donations/Community Grants 8,000.00 650.00 7,350.00 91.88%

Page 1 of 3

Page 14: LURAY TOWN COUNCIL July 9, 2018 - 7:00 p.m. MEETING …townofluray.com/assets/council-agenda-07-09-2018--bookmarked.pdfJul 09, 2018  · Mr. Burke said that Council is requested to

REVENUES - FY 2017-2018

3-100-18990-0004 Police Grants 10,500.00 12,626.38 -2,126.38 -20.25%

3-100-18990-0005 Police Donations-K9 13,880.00 -13,880.00 -100.00%

3-100-18990-0013 Bad Checks 2,000.00 1,050.00 950.00 47.50%

3-100-19010-0001 Recoveries & Rebates 100.00 763.64 -663.64 -663.64%

3-100-19020-0001 Depot Electricity 3,000.00 3,000.97 -0.97 -0.03%

3-100-19020-0003 Credit Card Fees 1,200.00 4,545.66 -3,345.66 -278.81%

3-100-19020-0004 FOIA Recovered Costs 50.00 0.00 50.00 100.00%

3-100-19020-0005 Valley Health Proffer 150,000.00 0.00 150,000.00 100.00%

3-100-22010-0003 Rolling Stock Tax-Motor Vehicle Carrier 4,000.00 6.81 3,993.19 99.83%

3-100-22010-0009 Personal Property Tax Reimbursement 74,575.00 74,573.69 1.31 0.00%

3-100-22011-0001 4% DMV Rental Tax 450.00 630.36 -180.36 -40.08%

3-100-22011-0002 DMV - Animal Friendly Plates 50.00 15.28 34.72 69.44%

3-100-24010-0001 State Aid - Localities Police 119888.00 119,888.00 0.00 0.00%

3-100-24020-0001 Fire Program Funds 14,500.00 17,065.00 -2,565.00 -17.69%

3-100-24020-0002 EMS - Disaster Recovery Funds 100.00 0.00 100.00 100.00%

3-100-24030-0001 Street and Highway Maintenance 1,110,500.00 1,130,417.76 -19,917.76 -1.79%

3-100-24030-0002 Litter Control 2,775.00 2,706.00 69.00 2.49%

3-100-24030-0005 VDOT-Revenue Sharing-Valley Health 235,000.00 4,497.50 230,502.50 98.09%

3-100-24070-0003 Virginia Commission for the Arts 5,000.00 4,500.00 500.00 10.00%

General Fund Revenue %

Approp. Year-to-Date Balance Remaining

Account # Description Amount Amount

3-100-24090-0003 TEA-21 - Depot 85,000.00 0.00 85,000.00 100.00%

3-100-31010-0008 Local Law Enforcement Block Grant 1,500.00 0.00 1,500.00 100.00%

3-100-31010-0010 Bulletproof Vest Grant -2,025.48 2,025.48 -100.00%

3-100-31010-0013 Federal Highway Adminis.Grant Funds 1,368,500.00 166,221.27 1,202,278.73 87.85%

3-100-41010-0001 Insurance Recoveries 7,000.00 3,026.10 3,973.90 56.77%

3-100-41020-0001 Restitution (Court Ordered) 2,400.00 2,021.62 378.38 15.77%

3-100-41040-0001 Proceeeds from Bridge Indebtedness 881,500.00 781,233.77 100,266.23 11.37%

3-100-41040-003 Proceeds from Indebtness 83,667.00 107,633.99 -23,966.99 0.00%Total General Fund Revenues 8,227,823.00 6,135,562.29 2,092,260.71 25.43%

0.00

3-320-15010-0005 CDBG Revolving Loan - Interest 0.00 0.00 0.00 0.00%

3-320-32010-0001 CDBG Funds 0.00 0.00%Total CDBG 0.00 0.00 0.00 0.00%

Water Fund Revenue

3-501-13030-0033 Water Tap Fees 4,200.00 1,800.00 2,400.00 57.14%

3-501-13030-0035 Reconnection Fees 7,000.00 6,395.00 605.00 8.64%

3-501-13030-0036 Water Facility Fees 19,920.00 6,640.00 13,280.00 66.67%

3-501-16190-0001 Customer Sales - Water 1,279,443.00 1,216,538.01 62,904.99 4.92%

3-501-18010-0001 Miscellaneous Income 300.00 0.00 300.00 100.00%

3-501-19120-0003 Recoveries & Rebates 100.00 0.00 100.00 100.00%

3-501-24030-0001 VDH Grant 1,820.00 0.00 1,820.00 100.00%

3-501-41050-0001 Transfer to/from other funds 17,667.00 0.00 17,667.00 0.00%

Total Water Funds Revenues 1,330,450.00 1,231,373.01 99,076.99 7.45%

Page 2 of 3

Page 15: LURAY TOWN COUNCIL July 9, 2018 - 7:00 p.m. MEETING …townofluray.com/assets/council-agenda-07-09-2018--bookmarked.pdfJul 09, 2018  · Mr. Burke said that Council is requested to

REVENUES - FY 2017-2018

Approp. Year-to-Date %

Account # Description Amount Amount Balance Remaining

Sewer Fund Revenue

3-502-13030-0033 Sewer Tap Fees 4,200.00 8,340.00 -4,140.00 -98.57%

3-502-13030-0035 Sewer Facility Fees 35,640.00 5,940.00 29,700.00 83.33%

3-502-16190-0001 Customer Sales - Sewer 1,447,839.00 1,427,804.37 20,034.63 1.38%

3-502-16190-0002 Sewer Surcharges 146,500.00 137,250.00 9,250.00 6.31%

3-502-16190-0005 Nutrient Credit Program 8,600.00 0.00 8,600.00 100.00%

3-502-18010-0001 Miscellaneous Income 100.00 500.00 -400.00 -400.00%

3-502-19020-0003 Recoveries & Rebates 100.00 0.00 100.00 100.00%

3-502-41050-0001 Transfer to/from other funds 17,666.00 0.00 17,666.00 0.00%

Total Sewer Fund Revenues 1,660,645.00 1,579,834.37 80,810.63 4.87%

Total Revenues 11,218,918.00 8,946,769.67 2,272,148.33 20.25%

Page 3 of 3

Page 16: LURAY TOWN COUNCIL July 9, 2018 - 7:00 p.m. MEETING …townofluray.com/assets/council-agenda-07-09-2018--bookmarked.pdfJul 09, 2018  · Mr. Burke said that Council is requested to

Expenditures - FY 2017-2018

9-Jul-18 30-Jun-18

Approp. Year-to-Date Balance %Description Amount Amount Remaining

General Fund Expenditures

Mayor & Council

100-11100 1111 Salaries & Wages 34,025.00 34,012.32 12.68 0.04%

100-11100 2100 FICA 2,600.00 2,601.90 -1.90 -0.07%

100-11100 2300 Group Ins. Programs 82,645.00 77,148.00 5,497.00 6.65%

100-11100 5307 Public Official Liability 7,000.00 6,700.00 300.00 4.29%

100-11100 5540 Travel & Training 9,000.00 5,964.86 3,035.14 33.72%

100-11100 5810 Membership Dues/Subscriptions 6,000.00 6,453.64 -453.64 -7.56%

100-11100 5811 Contributions 25,000.00 24,500.00 500.00 2.00%

100-11100 5840 Misc. Expenses 10,000.00 10,245.88 -245.88 -2.46%

100-11100 6001 Office Supplies 2,000.00 3,113.89 -1,113.89 -55.69%

Total 178,270.00 170,740.49 7,529.51 4.22%

Town Manager

100-12100 1102 Salaries & Wages-Town Manager 30,940.00 15,637.95 15,302.05 49.46%

100-12100 1104 Salaries & Wages-Asst. Town Manager 27,100.00 29,560.24 -2,460.24 -9.08%

100-12100 2100 FICA 4,440.00 3,884.69 555.31 12.51%

100-12100 2210 VRS 6,060.00 5,029.51 1,030.49 17.00%

100-12100 2210 Group Ins. Programs 7,210.00 4,889.66 2,320.34 32.18%

100-12100 2400 Group Life Ins. (VRS) 760.00 631.06 128.94 16.97%

100-12100 3310 Maint.Repairs. Mach. & Equip. 500.00 125.74 374.26 74.85%

100-12100 3311 Repair Parts 500.00 111.06 388.94 77.79%

100-12100 3600 Advertising 1,500.00 3,642.92 -2,142.92 -142.86%

100-12100 5210 Postal Services 1,500.00 837.10 662.90 44.19%

100-12100 5410 Vehicle Allowance 4,800.00 4,800.00 0.00 0.00%

100-12100 5540 Travel & Training 5,000.00 3,546.50 1,453.50 29.07%

100-12100 5810 Membership Dues - Subscriptions 650.00 532.05 117.95 18.15%

100-12100 5841 Website/Email Maintenance 3,000.00 3,751.99 -751.99 -25.07%

100-12100 6001 Office Supplies 1,000.00 2,041.47 -1,041.47 -104.15%

100-12100 6008 Gasoline, Lube, Tire 250.00 56.32 193.68 77.47%

100-12100 6014 Materials & Supplies 300.00 0.00 300.00 -100.00%

100-12100 8201 Machinery & Equipment 1,000.00 1,704.32 -704.32 -70.43%

100-12100 8202 Furniture & Fixtures 0.00 248.04 -248.04 -100.00%

Totals 96,510.00 81,030.62 15,479.38 16.04%

Legal Services

100-12210 3150 Town Attorney 30,000.00 37,142.79 -7,142.79 -23.81%

Annual Audit

100-12240 3120 Independent Auditors 6,000.00 5,900.00 100.00 1.67%

Approp. Year-to-Date Balance Remaining

Description Amount Amount

Treasurer

100-12410 1101 Salaries & Wages - Clerk-Treasurer 78,599.00 80,098.56 -1,499.56 -1.91%

100-12410 1102 Salaries & Wages- Personnel 75,526.00 76,034.96 -508.96 -0.67%

100-12410 1103 Salaries & Wages- PT Personnel 25,000.00 22,084.00 2,916.00 11.66%

100-12410 2100 FICA 13,700.00 13,385.55 314.45 2.30%

100-12410 2210 VRS 16,091.00 16,114.91 -23.91 -0.15%

100-12410 2300 Group Ins. Programs 35,560.00 35,632.75 -72.75 -0.20%

100-12410 2400 Group Life (VRS) 2,020.00 2,021.99 -1.99 -0.10%

100-12410 3310 Maint.Repairs Mach. & Equip. 12,000.00 7,098.66 4,901.34 40.84%

100-12410 3600 Advertising 100.00 0.00 100.00 100.00%

Page 1 of 11

Page 17: LURAY TOWN COUNCIL July 9, 2018 - 7:00 p.m. MEETING …townofluray.com/assets/council-agenda-07-09-2018--bookmarked.pdfJul 09, 2018  · Mr. Burke said that Council is requested to

Expenditures - FY 2017-2018

100-12410 5210 Postal Service 3,000.00 2,138.92 861.08 28.70%

100-12410 5306 Surety Bond Premiums 750.00 645.00 105.00 14.00%

100-12410 5410 Lease/Rent of Equip. 12,500.00 7,820.33 4,679.67 37.44%

100-12410 5450 Credit Card Expense 6,500.00 8,418.97 -1,918.97 -29.52%

100-12410 5540 Travel & Training 1,500.00 664.50 835.50 55.70%

100-12410 5810 Membership Dues/Subscriptions 500.00 1,125.00 -625.00 -125.00%

100-12410 6001 Office Supplies 15,500.00 9,997.19 5,502.81 35.50%

100-12410 6014 Materials and Supplies 500.00 263.03 236.97 100.00%

100-12410 8201 Machinery & Equipment 1,500.00 0.00 1,500.00 100.00%

100-12410 8202 Furniture & Fixtures 0.00 350.00 -350.00 -100.00%

Totals 300,846.00 283,894.32 16,951.68 5.63%

IT Support

100-12610 3130 IT Technician 11,000.00 8,957.63 2,042.37 18.57%

100-12610 3310 IT Repairs & Maintenance 5,650.00 12,235.81 -6,585.81 -116.56%

100-12610 3311 IT Repair Parts & Supplies 4,000.00 640.11 3,359.89 84.00%

Totals 20,650.00 21,833.55 -1,183.55 -5.73%

Safety Programs

100-12710 1101 Salaries & Wages - Safety Officer 2,000.00 2,000.00 0.00 0.00%

100-12710 5140 Contract Services 4,000.00 3,575.80 424.20 10.61%

100-12710 5540 Travel & Training 1,500.00 0.00 1,500.00 100.00%

100-12710 6014 Materials & Supplies 6,000.00 6,431.88 -431.88 -7.20%

100-12710 8201 Equipment 12,000.00 10,736.95 1,263.05 10.53%

Totals 25,500.00 22,744.63 2,755.37 10.81%

Board of Elections

100-13100 3000 Personal Services 0.00 0.00 0.00 #DIV/0!

100-13100 3310 Maint.Repairs.Mach.&Equipment 0.00 0.00 0.00 #DIV/0!

100-13100 3600 Advertising 0.00 0.00 0.00 100.00%

100-13100 5840 Misc. Expenses 0.00 0.00 0.00 100.00%100-13100 6001 Materials & Supplies 0.00 0.00 0.00 #DIV/0!

Total 0.00 0.00 0.00 #DIV/0!

Approp. Year-to-Date Balance %

Description Amount Amount Remaining

Police Department

100-31100 1101 Salaries & Wages - Chief 83,232.00 84,732.00 -1,500.00 -1.80%

100-31100 1102 Salaries & Wages Personnel Patrol 484,932.00 468,674.23 16,257.77 3.35%

100-31100 1122 Salaries & Wages Dispatchers 41,361.00 41,361.36 -0.36 0.00%

100-31100 1141 Salaries & Wages - Overtime 24,000.00 27,465.82 -3,465.82 -14.44%

100-31100 1142 Overtime - Special Event 6,000.00 2,695.86 3,304.14 55.07%

100-31100 1311 Part time - Dispatcher 3,500.00 2,679.65 -2,655.96 -100.00%

100-31100 1312 Part time - temporary 93,000.00 81,366.41 11,633.59 12.51%

100-31100 2100 FICA 56,038.00 49,507.10 6,530.90 11.65%

100-31100 2210 VRS 63,634.00 61,975.23 1,658.77 2.61%

100-31100 2300 Group Ins. Program 190,200.00 171,519.00 18,681.00 9.82%

100-31100 2400 Group Life Ins. (VRS) 7,985.00 7,776.71 208.29 2.61%

100-31100 3110 Physicals 500.00 0.00 500.00 100.00%

100-31100 3310 Maint. Repairs Mach.& Equipment 10,000.00 10,436.48 -436.48 -4.36%

100-31100 3311 Repair Parts 8,000.00 4,212.23 3,787.77 47.35%

100-31100 3600 Advertising 100.00 187.00 -87.00 -87.00%

100-31100 5210 Postal Service 750.00 600.00 150.00 20.00%

100-31100 5230 Communications 15,000.00 17,734.50 -2,734.50 -18.23%

100-31100 5310 Liability Insurance 14,000.00 12,000.00 2,000.00 14.29%

100-31100 5410 Rental of Euqipment 5,000.00 3,558.84 1,441.16 28.82%

100-31100 5540 Travel & Training 15,000.00 2,177.54 12,822.46 85.48%

100-31100 5810 Membership Dues - Subscriptions 19,500.00 14,387.06 5,112.94 26.22%

100-31100 5844 Grant Expenditures 20,000.00 8,820.84 11,179.16 55.90%

100-31100 5845 Court Costs 4,500.00 3,846.91 653.09 14.51%

100-31100 5850 Emergency Operations 1,000.00 59.24 940.76 94.08%

100-31100 5855 Senior/Physically Challenged 300.00 225.30 74.70 24.90%

Page 2 of 11

Page 18: LURAY TOWN COUNCIL July 9, 2018 - 7:00 p.m. MEETING …townofluray.com/assets/council-agenda-07-09-2018--bookmarked.pdfJul 09, 2018  · Mr. Burke said that Council is requested to

Expenditures - FY 2017-2018

100-31100 6001 Office Supplies 4,500.00 3,934.13 565.87 12.57%

100-31100 6008 Gas, Lube, Tires, Etc. 20,000.00 21,283.46 -1,283.46 -6.42%

100-31100 6010 Police Supplies & Range 12,500.00 13,004.69 -504.69 -4.04%

100-31100 6011 Uniforms 10,000.00 10,630.95 -630.95 -6.31%

100-31100 6014 Materials & Supplies 2,000.00 1,268.01 731.99 36.60%

100-31100 8201 Machinery & Equipment 8,000.00 2,419.98 5,580.02 69.75%

100-31100 8202 Furniture & Fixtures 2,500.00 199.98 2,300.02 92.00%100-31100 8203 Communication Equipment 2,000.00 0.00 2,000.00 100.00%

Total 1,229,032.00 1,130,740.51 98,291.49 8.00%

Police-Capital Outlay

100-31150 8201 Machinery & Equipment 18,000.00 66,534.52 -48,534.52 -269.64%

100-31150 8205 Vehicles 66,000.00 57,995.99 8,004.01 12.13%100-31150 8219 Improvement Projects 10,000.00 12,650.00 -2,650.00 -26.50%

94,000.00 137,180.51 -43,180.51 -45.94%

Approp. Year-to-Date Balance %

Description Amount Amount Remaining

Streets

100-41200 1100 Salaries & Wages Town Supt. 23,735.00 23,783.04 -48.04 -0.20%

100-41200 1101 Salaries & Wages Personnel 123,837.00 124,888.18 -1,051.18 -0.85%

100-41200 1102 Salaries - Part Time 35,500.00 25,176.00 10,324.00 29.08%

100-41200 1141 Salaries & Wages Overtime 11,000.00 9,001.94 1,998.06 18.16%

100-41200 1142 Overtime - Special 2,500.00 1,346.81 1,153.19 46.13%

100-41200 2100 FICA 15,038.00 13,259.95 1,778.05 11.82%

100-41200 2210 VRS 15,407.00 15,533.01 -126.01 -0.82%

100-41200 2300 Group Ins. Programs 41,970.00 46,495.41 -4,525.41 -10.78%

100-41200 2400 Group Life Ins. (VRS) 1,940.00 1,953.41 -13.41 -0.69%

100-41200 2450 VLDP (Virginia Local Disability Program) 400.00 598.88 -198.88 -49.72%

100-41200 3310 Maint.Repairs Mach & Equipment 25,000.00 26,524.80 -1,524.80 -6.10%

100-41200 3311 Repair Parts 20,000.00 29,069.38 -9,069.38 -45.35%

100-41200 3600 Advertising 500.00 152.00 348.00 69.60%

100-41200 5110 Electricity 125,000.00 124,953.86 46.14 0.04%

100-41200 5120 Heating Expenses 3,000.00 3,704.84 -704.84 -23.49%

100-41200 5210 Postage 100.00 0.00 100.00 100.00%

100-41200 5230 Communications 3,000.00 4,356.93 -1,356.93 -100.00%

100-41200 5310 Insurance - VML Liability 8,000.00 6,000.00 3,000.00 37.50%

100-41200 5410 Lease Rental of Equipment 4,000.00 0.00 4,000.00 100.00%

100-41200 5540 Travel & Training 500.00 715.52 -215.52 -43.10%

100-41200 6001 Office Supplies 500.00 435.57 64.43 12.89%

100-41200 6008 Gas, Lube Tires, Etc. 12,000.00 10,307.68 1,692.32 14.10%

100-41200 6011 Uniforms 4,000.00 4,840.03 -840.03 -21.00%

100-41200 6014 Material & Supplies 35,000.00 16,718.61 18,281.39 52.23%100-41200 8201 Machinery & Equipment 4,000.00 2,609.65 1,390.35 34.76%

Totals 515,927.00 492,425.50 23,501.50 4.56%

Streets - Capital Outlay

100-41250 8201 Machinery & Equipment 56000.00 50,486.00 5,514.00 9.85%

100-41250 8205 Vehicles 0.00 2,500.00 -2,500.00 -100.00%100-41250 8206 Building & Structures 16000.00 20,016.17 -4,016.17 -25.10%

72000.00 73,002.17 -1,002.17 -1.39%

VDOT Reimbursements

100-41300 3140 St. Engineering/Bridge Repairs 50,000.00 23,737.50 26,262.50 52.53%

100-41300 5847 Snow & Ice Removal 20,000.00 9,762.70 10,237.30 51.19%

100-41300 5848 Storm Drainage 25,000.00 15,479.68 9,520.32 38.08%

100-41300 5849 Street-Sidewalk Materials 100,000.00 148,275.61 -48,275.61 -48.28%

100-41300 5850 Paving 200,000.00 395,988.00 -195,988.00 -97.99%

100-41300 5851 Street Repairs 100,000.00 122,760.00 -22,760.00 -22.76%

100-41300 6014 Materials & Supplies 55,000.00 71,950.08 -16,950.08 -30.82%

Page 3 of 11

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Expenditures - FY 2017-2018

Totals 550,000.00 787,953.57 -237,953.57 -43.26%

Approp. Year-to-Date Balance %

Description Amount Amount Remaining

Refuse Collections

100-42300 5140 Contract Services- Trash Collection 260,000.00 242,022.85 17,977.15 6.91%

100-42300 5150 Landfill Tipping Fees 7,000.00 3,979.78 3,020.22 43.15%

100-42300 5160 Recycling Expense 8,000.00 4,812.46 3,187.54 39.84%

Totals 275,000.00 250,815.09 24,184.91 8.79%

General Properties

100-43200 2100 FICA 550.00 0.00 550.00 100.00%

100-43200 2220 Line of Duty 11,000.00 12,482.14 -1,482.14 -13.47%

100-43200 3130 Professional Services (Year End) 3,500.00 5,573.71 -2,073.71 -59.25%

100-43200 3150 Legal Fees 136.00 -136.00 -100.00%

100-43200 3160 Bank Charges 9,000.00 0.00 9,000.00 100.00%

100-43200 3310 Maint.Repairs, Machinery & Equip. 32,000.00 40,925.03 -8,925.03 -27.89%

100-43200 3311 Repair Parts 8,000.00 6,468.89 1,531.11 19.14%

100-43200 3312 Tree Maintenance & Removal 4,000.00 5,130.00 -1,130.00 -28.25%

100-43200 3320 Dam Inspection 20,000.00 7,532.80 12,467.20 62.34%

100-43200 3330 Dam Maintenance 40,600.00 27,063.06 13,536.94 33.34%

100-43200 3550 Lake/Pond Maintenance 18,000.00 18,700.00 -700.00 -3.89%

100-43200 3600 Advertising 165.75 -165.75 -100.00%

100-43200 3820 Janitorial Services 18,000.00 15,820.00 2,180.00 12.11%

100-43200 3840 Sheriff's Dept. Workforce 3,000.00 2,943.35 56.65 1.89%

100-43200 5110 Electricity 29,000.00 27,447.65 1,552.35 5.35%

100-43200 5120 Heating Service 7,000.00 4,425.24 2,574.76 36.78%

100-43200 5210 Postage 50.00 0.00 50.00 100.00%

100-43200 5230 Communications 36,233.00 32,119.92 4,113.08 11.35%

100-43200 5310 Liability Insurance 58,000.00 44,552.00 13,448.00 23.19%

100-43200 5410 Lease/Rental of Equipment 14,000.00 17,079.27 -3,079.27 -21.99%

100-43200 5420 Rents 3,200.00 2,742.42 457.58 14.30%

100-43200 5852 Animal Friendly Plates 50.00 15.28 34.72 69.44%

100-43200 5853 Employee Expenses/Retirement 18,000.00 12,814.34 5,185.66 28.81%

100-43200 5854 Dept.of Fire Programs 14,300.00 17,065.00 -2,765.00 -19.34%

100-43200 5855 Matching Funds - Pals 5,000.00 4,500.00 500.00 10.00%

100-43200 6001 Office Supplies 500.00 293.61 206.39 41.28%

100-43200 6012 Browns Bld. VCI Grant Expenses 0.00 43,401.93 -43,401.93 -100.00%

100-43200 6013 Browns Bld. Maintenance 0.00 897.76 -897.76 -100.00%

100-43200 6014 Materials & Supplies 12,000.00 15,248.82 -3,248.82 -27.07%

100-43200 6015 Human Resources Training/Supplies 500.00 32.10 467.90 93.58%

100-43200 6016 PCORI - Affordable Care Act Fee 250.00 232.19 17.81 -100.00%

100-43200 8201 Machinery & Equipment 1,000.00 0.00 1,000.00 100.00%

400-43200 8227 Wreaths/Banners 1,000.00 45.88 954.12 95.41%

100-43200 8236 Depot Phase V 80,000.00 59,569.60 20,430.40 25.54%

100-43200 8238 Depot Maintenance 12,000.00 5,772.81 6,227.19 51.89%

459,733.00 431,196.55 28,536.45 6.21%

Approp. Year-to-Date Balance %

Description Amount Amount Remaining

General Properties - Capital Outlay

100-43250 8201 Machinery & Equipment 14,667.00 16,282.23 -1,615.23 -11.01%

100-43250 8217 Replacement Projects 75,000.00 41,072.13 33,927.87 45.24%

100-43250 8219 Improvement Projects 50,000.00 44,928.19 5,071.81 10.14%

139,667.00 102,282.55 37,384.45 26.77%

100-53300 5700 Tax Relief for the Elderly & Disabled 20,000.00 0.00 20,000.00 100.00%

Parks & Recreation

Page 4 of 11

Page 20: LURAY TOWN COUNCIL July 9, 2018 - 7:00 p.m. MEETING …townofluray.com/assets/council-agenda-07-09-2018--bookmarked.pdfJul 09, 2018  · Mr. Burke said that Council is requested to

Expenditures - FY 2017-2018

100-71200 1100 Salaries & Wages Park Director 71,206.00 71,206.56 -0.56 0.00%

100-71200 1101 Salaries & Wages Personnel 205,309.00 200,151.27 5,157.73 2.51%

100-71200 1102 Salaries & Wages Part time Personnel 60,000.00 59,136.10 863.90 1.44%

100-71200 1141 Salaries & Wages - Overtime 20,000.00 31,181.98 -11,181.98 -55.91%

100-71200 1142 Overtime - Special 10,000.00 3,370.70 6,629.30 66.29%

100-71200 2100 FICA 28,522.00 26,865.93 1,656.07 5.81%

100-71200 2210 VRS 28,917.00 28,296.73 620.27 2.15%

100-71200 2300 Group Ins. Programs 73,610.00 77,784.00 -4,174.00 -5.67%

100-71200 2400 Group Life Ins. (VRS) 3,528.00 3,550.80 -22.80 -0.65%

100-71200 2450 VLDP 403.52 -403.52 -100.00%

100-71200 2600 Unemployment 5,000.00 3,030.00 1,970.00 39.40%

100-71200 3310 Maint. Repairs. Machinery & Equip. 20,000.00 18,412.45 1,587.55 7.94%

100-71200 3311 Repair Parts 22,000.00 23,576.71 -1,576.71 -7.17%

100-71200 3600 Advertising 2,600.00 2,038.89 561.11 21.58%

100-71200 5110 Electricity 42,000.00 41,520.09 479.91 1.14%

100-71200 5120 Heating Services 4,000.00 5,206.91 -1,206.91 -30.17%

100-71200 5210 Postal Services 2,000.00 1,049.00 951.00 47.55%

100-71200 5230 Communications 18,000.00 14,497.31 3,502.69 19.46%

100-71200 5310 Liability Insurance 7,500.00 6,000.00 1,500.00 20.00%

100-71200 5410 Rental Fees 15,000.00 9,943.36 5,056.64 33.71%

100-71200 5540 Travel & Training 1,000.00 1,009.43 -9.43 -0.94%

100-71200 5810 Membership Dues & Subscriptions 875.00 -875.00 -100.00%

100-71200 6001 Office Supplies 3,500.00 3,433.14 66.86 1.91%

100-71200 6008 Gas, Lube, Tires, Etc. 20,000.00 18,971.80 1,028.20 5.14%

100-71200 6011 Uniforms 7,000.00 9,584.90 -2,584.90 -36.93%

100-71200 6013 Greenway Maintenance 8,000.00 5,350.00 2,650.00 33.13%

100-71200 6014 Materials & Supplies 50,000.00 58,331.22 -8,331.22 -16.66%

100-71200 6015 Tree/Beautific.Improvement Projects 10,000.00 11,062.89 -1,062.89 -10.63%

100-71200 6016 Recreation Special Events 48,000.00 57,481.38 -9,481.38 -19.75%

100-71200 6017 Lake Arrowhead Concession Expenses 1,500.00 2,441.80 -941.80 -62.79%

100-71200 6020 Tree Maintenance 5,000.00 6,313.96 -1,313.96 -26.28%

100-71200 8201 Machinery & Equipment 5,000.00 8,254.82 -3,254.82 -65.10%

100-71200 8330 Fourth of July Fireworks 18,000.00 8,650.00 9,350.00 51.94%

100-71200 8405 Lake Arrowhead Projects & Development 7,000.00 11,616.15 -4,616.15 -65.95%

100-71200 8406 RHD Park Projects & Development 10,000.00 16,306.92 -6,306.92 -63.07%

100-71200 8407 Greenway Projects 4,000.00 8,051.47 -4,051.47 -101.29%

Totals 837,192.00 854,957.19 -17,765.19 -2.12%

Approp. Year-to-Date Balance % Remaining

Description Amount Amount

Parks & Rec.-Capital Outlay

100-71250 8218 Engineering/Surveying/Studies 40000.00 5760.00 34,240.00 85.60%

100-71250 8219 Improvement Project 7000.00 0 7,000.00 100.00%100-71250 8226 Other Projects 10,000.00 12,514.95 -2,514.95 -25.15%

57,000.00 18,274.95 38,725.05 67.94%

Planning & Zoning

100-81100 1101 Salaries & Wages - Planning Comm. 3,600.00 2,750.00 850.00 23.61%

100-81100 1102 Salaries & Wages - Town Planner 50,000.00 0.00 50,000.00 100.00%

100-81100 1103 Part time personnel 0.00 23,312.00 -23,312.00 -100.00%

100-81100 2100 FICA 3,870.00 1,795.01 2,074.99 53.62%

100-81100 2210 VRS 5,220.00 0.00 5,220.00 100.00%

100-81100 2300 Group Ins. Programs 11,940.00 0.00 11,940.00 100.00%

100-81100 2400 Group Life Ins. (VRS) 660.00 0.00 660.00 100.00%

100-81100 3141 Engineering 7,500.00 4,740.00 2,760.00 36.80%

100-81100 3600 Advertising 4,500.00 3,676.34 823.66 18.30%

100-81100 5210 Postage 516.00 300.00 216.00 41.86%

100-81100 5540 Travel & Training 1,000.00 0.00 1,000.00 100.00%

100-81100 5810 Membership Dues 450.00 175.00 275.00 61.11%

100-81100 6001 Office Supplies 600.00 1,545.60 -945.60 -157.60%

100-81100 6014 Materials & Supplies 1,500.00 836.77 663.23 44.22%

Page 5 of 11

Page 21: LURAY TOWN COUNCIL July 9, 2018 - 7:00 p.m. MEETING …townofluray.com/assets/council-agenda-07-09-2018--bookmarked.pdfJul 09, 2018  · Mr. Burke said that Council is requested to

Expenditures - FY 2017-2018

Totals 91,356.00 39,130.72 52,225.28 57.17%

Economic Development

100-81500 5540 Luray Downtown Initiative 35,000.00 35,000.00 0.00 0.00%

100-81500 8231 Farmers Market 2,000.00 4,192.14 -2,192.14 -109.61%

100-81500 8232 Lord Fairfax Community College 11,560.00 11,560.00 0.00 0.00%

100-81500 8237 Project Expenses 1,000.00 1,400.00 -400.00 -40.00%

100-81500 8238 Airport Expenses 41,750.00 41,750.00 0.00 0.00%

100-81500 8240 Economic Development 5,000.00 1,233.35 3,766.65 75.33%

Totals 96,310.00 95,135.49 1,174.51 1.22%

Capital Projects

100-94000 8500 Main Street Bridge Projects 2,250,000.00 803,323.58 1,446,676.42 64.30%

100-94000 8501 Transportation Reserves 175,000.00 150.00 174,850.00 99.91%

100-94000 8502 Revenue Sharing 20,000.00 300.00 19,700.00 98.50%

100-94000 8600 Memorial Drive Upgrades 450,000.00 10,249.50 439,750.50 97.72%

100-94000 9110 Principal on Loan - Bridge Loan 0.00 181,565.10 -181,565.10 -100.00%100-94000 9120 Interest on Loan 3,000.00 1,223.60 1,776.40 59.21%

2,898,000.00 996,811.78 1,901,188.22 65.60%

Approp. Year-to-Date Balance % Remaining

Description Amount Amount

General Fund Debt Service

100-95100 9110 Debt Service - Principal 60,900.00 60,888.65 11.35 0.02%

100-95100 9112 Lease to Own - police 68,000.00 59,198.36 8,801.64 12.94%

100-95100 9113 Interest - Vehicles 2,226.49 -1,553.42 -100.00%

100-95100 9115 Equipment - Lease to Own 8,924.95 -8,924.95 -100.00%

100-95100 9120 Debt Service - Interest 21,110.00 18,411.45 2,698.55 12.78%

100-95100 9135 Debt Issuance Costs 0.00 0.00 -100.00%

100-95100 9140 Airport Hangars Debt Serv. 45,120.00 0.00 45,120.00 100.00%

100-95100 9150 Little League Complex - Principal 25,000.00 25,000.00 0.00 0.00%

100-95100 9160 Little League Complex - Interest 6,200.00 6,198.77 1.23 0.02%

100-95100 9180 Browns Building - Interest 8,500.00 7,745.66 754.34 8.87%

Totals 234,830.00 188,594.33 46,235.67 19.69%

General Fund Expenditures 8,227,823.00 6,221,787.31 2,006,035.69 24.38%

CDBG Fund Project320-70000 8234 CDBG Expenditures 0.00 0.00 100.00%

Water Fund Expenditures

Water Administration

501-41000 1101 Salaries & Wages Town Supt. 23,735.00 23,711.76 23.24 0.10%

501-41000 1102 Salaries & Wages Town Manager 30,940.00 15,195.77 15,744.23 50.89%

501-41000 1104 Salaries & Wages Asst. Town Manager 27,100.00 29,674.58 -2,574.58 -9.50%

501-41000 2100 FICA 6,260.00 5,045.77 1,214.23 19.40%

501-41000 2210 VRS 8,540.00 6,594.42 1,945.58 22.78%

501-41000 2300 Group Ins. Programs 10,450.00 8,291.00 2,159.00 20.66%

501-41000 2400 Group Life Ins. (VRS) 1,070.00 827.38 242.62 22.67%

501-41000 3120 Annual Audit 6,050.00 5,900.00 150.00 2.48%

501-41000 3130 Professional Services (Year End) 4,000.00 5,573.71 -1,573.71 -39.34%

501-41000 3141 Engineering 5,000.00 0.00 5,000.00 100.00%

501-41000 3150 Legal Costs 301.00 2,389.10 -2,088.10 -693.72%

Page 6 of 11

Page 22: LURAY TOWN COUNCIL July 9, 2018 - 7:00 p.m. MEETING …townofluray.com/assets/council-agenda-07-09-2018--bookmarked.pdfJul 09, 2018  · Mr. Burke said that Council is requested to

Expenditures - FY 2017-2018

501-41000 5210 Postal Service 700.00 500.00 200.00 28.57%

501-41000 5310 Liability Insurance 14,000.00 13,500.00 500.00 3.57%

501-41000 5810 Membership Dues & Subscriptions 750.00 724.20 25.80 -100.00%

501-41000 5860 Water Certification 200.00 0.00 200.00 100.00%

501-41000 6001 Office Supplies 0.00 35.99 -35.99 -100.00%

Total 139,096.00 117,963.68 21,132.32 15.19%

Approp. Year-to-Date Balance % Remaining

Description Amount Amount

Data Processing

501-41220 1100 Salaries & Wages Personnel 43,020.00 41,946.08 1,073.92 2.50%

501-41220 2100 FICA 3,300.00 2,892.47 407.53 12.35%

501-41220 2210 VRS 4,500.00 4,485.31 14.69 0.33%

501-41220 2300 Group Ins. Programs 12,810.00 12,784.67 25.33 0.20%

501-41220 2400 Group Life Ins. (VRS) 570.00 562.96 7.04 1.24%

501-41220 3310 Maint. Repairs, Machinery & Equip. 13,000.00 8,421.67 4,578.33 35.22%

501-41220 5210 Postal Service 8,000.00 7,000.00 1,000.00 12.50%

501-41220 5410 Lease/Rents 6,500.00 0.00 6,500.00 100.00%

501-41220 6001 Office Supplies 3,000.00 2,862.64 137.36 4.58%

501-41220 6014 Materials & Supplies 500.00 181.25 318.75 63.75%

501-41220 8201 Machinery & Equipment 2,000.00 0.00 2,000.00 100.00%

Total 97,200.00 81,137.05 16,062.95 16.53%

Water Operations

501-42000 1101 Salaries & Wages Personnel 137,800.00 137,800.00 0.00 0.00%

501-42000 1141 Salaries & Wages Overtime 11,000.00 20,844.35 -9,844.35 -89.49%

501-42000 1142 Overtime - Special 2,500.00 1,191.91 1,308.09 52.32%

501-42000 2100 FICA 11,600.00 11,588.15 11.85 0.10%

501-42000 2210 VRS 14,400.00 14,385.60 14.40 0.10%

501-42000 2300 Group Ins. Programs 48,750.00 46,476.00 2,274.00 4.66%

501-42000 2400 Group Life Ins. (VRS) 1,805.00 1,804.80 0.20 0.01%

501-42000 2450 VLDP 200.00 220.48 -20.48 -100.00%

501-42000 3310 Maint. Repairs Machinery & Equip. 9,500.00 25,677.19 -16,177.19 -170.29%

501-42000 3311 Repair Parts 9,500.00 23,305.99 -13,805.99 -145.33%

501-42000 3600 Advertising 0.00 89.25 -89.25 -100.00%

501-42000 5110 Electricity 12,000.00 11,177.23 822.77 6.86%

501-42000 5210 Postal Service 100.00 0.00 100.00 100.00%

501-42000 5230 Communications 6,000.00 4,802.66 1,197.34 19.96%

501-42000 5410 Rents & Leases - Equip 500.00 0.00 500.00 100.00%

501-42000 5540 Travel & Training 1,000.00 179.80 820.20 82.02%

501-42000 5810 Membership Dues & Subscriptions 500.00 483.00 17.00 3.40%

501-42000 5858 Water Lab Fees 100.00 0.00 100.00 100.00%

501-42000 6001 Office Supplies 200.00 0.00 200.00 100.00%

501-42000 6008 Gas, Lube, Tires 8,000.00 9,216.88 -1,216.88 -15.21%

501-42000 6011 Uniforms 4,000.00 4,681.43 -681.43 -17.04%

501-42000 6014 Materials & Supplies 40,000.00 32,221.13 7,778.87 19.45%

Totals 319,455.00 346,145.85 -26,690.85 -8.36%

Approp. Year-to-Date Balance % RemainingDescription Amount Amount

Water Operations - Capital Outlay

501-42250 8201 Machinery & Equipment 18,667.00 16,282.21 2,384.79 12.78%

Page 7 of 11

Page 23: LURAY TOWN COUNCIL July 9, 2018 - 7:00 p.m. MEETING …townofluray.com/assets/council-agenda-07-09-2018--bookmarked.pdfJul 09, 2018  · Mr. Burke said that Council is requested to

Expenditures - FY 2017-2018

501-42250 8219 Improvement Projects 5,000.00 11,082.99 -6,082.99 -121.66%

23,667.00 27,365.20 -3,698.20 -15.63%

Water Plant Operations

501-43000 1102 Salaries - WTP Operator 84,274.00 76,824.00 7,450.00 8.84%

501-43000 1103 Salaries-Part time 9,000.00 7,452.00 9,000.00 100.00%

501-43000 1141 Salaries - Overtime 3,000.00 4,845.15 -1,845.15 -61.51%

501-43000 2100 FICA 7,370.00 6,142.22 1,227.78 16.66%

501-43000 2210 VRS 8,800.00 8,020.56 779.44 8.86%

501-43000 2300 Group Insurance Program 34,900.00 27,108.00 7,792.00 22.33%

501-43000 2400 Group Life (VRS) 1,100.00 1,006.56 93.44 8.49%

501-43000 3309 Tank Inspections 8,500.00 6,600.00 1,900.00 22.35%

501-43000 3310 Maint. Repairs. Mach & Equip. 9,000.00 21,207.68 -12,207.68 -135.64%

501-43000 3311 Repair Parts 10,000.00 26,148.44 -16,148.44 -161.48%

501-43000 3312 PALL Inspections 4,500.00 7,937.50 -3,437.50 -76.39%

501-43000 3600 Advertising 200.00 178.50 21.50 10.75%

501-43000 5110 Electricity 68,250.00 69,906.11 -1,656.11 -2.43%

501-43000 5120 Heating 1,000.00 4,497.18 -3,497.18 -349.72%

501-43000 5210 Postal Service 200.00 100.00 100.00 50.00%

501-43000 5230 Communications 6,500.00 12,074.53 -5,574.53 -85.76%

501-43000 5410 Rents & Leases- Equipment 250.00 - 250.00 100.00%

501-43000 5540 Travel & Training 1,500.00 1,825.38 -325.38 -21.69%

501-43000 5858 Water System Sample Fees 5,000.00 5,533.90 -533.90 -10.68%

501-43000 5859 VDH Permit Fees 8,000.00 6,926.60 1,073.40 13.42%

501-43000 5860 Water - Certification Expense 300.00 200.00 100.00 33.33%

501-43000 5864 Lab Supplies 5,000.00 3,454.89 1,545.11 30.90%

501-43000 6001 Office Supplies 500.00 703.40 -203.40 -40.68%

501-43000 6008 Gas, Lube, Tires, Etc. 1,500.00 1,573.91 -73.91 -4.93%

501-43000 6011 Uniforms - 308.13 -308.13 -100.00%

501-43000 6014 Materials & Supplies 14,500.00 21,925.69 -7,425.69 -51.21%

293,144.00 322,500.33 -29,356.33 -10.01%

Water Plant - Capital Outlay

501-43250 8201 Machinery & Equipment - 1,048.76 -1,048.76 -100.00%

501-43250 8219 Improvement Projects 20,000.00 19,562.50 437.50 2.19%

20,000.00 20,611.26 -611.26 -3.06%

Approp. Year-to-Date Balance % RemainingDescription Amount Amount

Water Fund Debt Service

501-95100 9110 Debt Service - Principal 161,901.00 161,246.07 654.93 0.40%

501-95100 9120 Debt Service - Interest 235,537.00 213,411.05 22,125.95 9.39%

501-95100 9130 Handling Charges 450.00 - 450.00 100.00%

501-95100 9140 USDA-Rural Development Loan Reserves 40,000.00 - 40,000.00 100.00%

437,888.00 374,657.12 63,230.88 14.44%

Water Fund Total 1,330,450.00 1,290,380.49 40,069.51 3.01%

Page 8 of 11

Page 24: LURAY TOWN COUNCIL July 9, 2018 - 7:00 p.m. MEETING …townofluray.com/assets/council-agenda-07-09-2018--bookmarked.pdfJul 09, 2018  · Mr. Burke said that Council is requested to

Expenditures - FY 2017-2018

Sewer Fund Expenditures

Sewer Administration

502-41000 1101 Salaries & Wages Town Supt. 23,735.00 23,711.76 23.24 0.10%

502-41000 1102 Salaries & Wages Town Manager 30,940.00 15,195.77 15,744.23 50.89%

502-41000 1103 Salaries & Wages - Asst Town Manager 27,100.00 29,674.58 -2,574.58 -9.50%

502-41000 2100 FICA 6,260.00 5,045.52 1,214.48 19.40%

502-41000 2210 VRS 8,540.00 6,594.33 1,945.67 22.78%

502-41000 2300 Group Insurance Programs 10,450.00 8,290.94 2,159.06 20.66%

502-41000 2400 Group Life Ins. (VRS) 1,070.00 827.61 242.39 22.65%

502-41000 3120 Annual Audit 6,050.00 5,900.00 150.00 2.48%

502-41000 3130 Professional Services (Year End) 4,000.00 5,573.72 -1,573.72 -39.34%

502-41000 3141 Engineering 40,000.00 32,595.00 7,405.00 18.51%

502-41000 3150 Legal Costs 100.00 485.00 -385.00 -385.00%

502-41000 5210 Postal Service 250.00 - 250.00 100.00%

502-41000 5310 Liability Insurance 27,734.00 22,000.00 5,734.00 20.67%

Totals 186,229.00 155,894.23 30,334.77 16.29%

Approp. Year-to-Date Balance % RemainingDescription Amount Amount

Data Processing

502-41220 1100 Salaries & Wages Personnel 43,020.00 41,946.08 1,073.92 2.50%

502-41220 2100 FICA 3,300.00 2,880.87 419.13 12.70%

502-41220 2210 VRS 4,500.00 4,470.90 29.10 0.65%

502-41220 2300 Group Insurance Programs 12,810.00 12,746.58 63.42 0.50%

502-41220 2400 Group Life Ins. (VRS) 570.00 560.74 9.26 1.62%

502-41220 3310 Maint. Repairs Machinery & Equip. 14,000.00 8,421.67 5,578.33 39.85%

502-41220 5210 Postal Service 9,000.00 7,150.00 1,850.00 20.56%

502-41220 5410 Lease/Rents 6,500.00 - 6,500.00 100.00%

502-41220 5540 Travel & Training 500.00 - 500.00 100.00%

502-41220 6001 Office Supplies 4,000.00 2,699.78 1,300.22 32.51%

502-41220 6014 Materials & Supplies 500.00 - 500.00 100.00%

502-41220 8201 Machinery & Equipment 2,000.00 - 2,000.00 100.00%

Totals 100,700.00 80,876.62 19,823.38 19.69%

Sewer Operations

502-42000 1104 Salaries - Personnel 123,740.00 119,956.80 3,783.20 3.06%

502-42000 1141 Salaries - Wages Overtime 13,000.00 12,364.48 635.52 4.89%

502-42000 1142 Overtime - Special 2,500.00 10,397.57 -7,897.57 -315.90%

502-42000 2100 FICA 10,660.00 10,416.58 243.42 2.28%

502-42000 2210 VRS 12,920.00 12,490.48 429.52 3.32%

502-42000 2300 Group Insurance Programs 33,570.00 31,308.00 2,262.00 6.74%

502-42000 2400 Goup Life Ins. (VRS) 1,620.00 1,567.28 52.72 3.25%

502-42000 3310 Maint. Repairs, Machinery & Equip. 12,000.00 1,945.00 10,055.00 83.79%

502-42000 3311 Repair Parts 4,000.00 588.25 3,411.75 85.29%

502-42000 3600 Advertising 200.00 - 200.00 100.00%

502-42000 5110 Electricity 10,000.00 9,371.90 628.10 6.28%

502-42000 5210 Postal Service 50.00 17.61 32.39 64.78%

Page 9 of 11

Page 25: LURAY TOWN COUNCIL July 9, 2018 - 7:00 p.m. MEETING …townofluray.com/assets/council-agenda-07-09-2018--bookmarked.pdfJul 09, 2018  · Mr. Burke said that Council is requested to

Expenditures - FY 2017-2018

502-42000 5230 Communications 7,000.00 2,325.24 4,674.76 66.78%

502-42000 5410 Rental/Lease of Equipment 500.00 - 500.00 100.00%

502-42000 5540 Travel & Training 500.00 - 500.00 100.00%

502-42000 5810 Membership Dues & Subscriptions 100.00 - 100.00 0.00%

502-42000 6008 Gas, Lube and Tires 10,000.00 9,225.13 774.87 7.75%

502-42000 6011 Uniforms 4,000.00 3,870.27 129.73 3.24%

502-42000 6014 Materials & Supplies 21,500.00 15,541.70 5,958.30 27.71%

502-42000 8201 Machinery & Equipment 2,500.00 2,471.52 28.48 1.14%

Totals 270,360.00 243,857.81 26,502.19 9.80%

Approp. Year-to-Date Balance % Remaining

Description Amount Amount

Sewer Operation - Capital Outlay

502-42250 8201 Machinery & Equipment 14666.00 16,282.21 -1,616.21 -11.02%

502-42250 8217 Replacement Projects 15000.00 4,794.99 10,205.01 68.03%29666.00 21077.20 8,588.80 28.95%

Sewer Plant Operations

502-43000 1101 Salaries - WWTP Supt. 66,122.00 66,122.40 -0.40 0.00%

502-43000 1102 Salaries - WWTP Operators 94,334.00 94,328.00 6.00 0.01%

502-43000 1103 Salaries - Part Time 9,000.00 6,360.00 2,640.00 29.33%

502-43000 1141 Salaries - Overtime 5,000.00 14,301.12 -9,301.12 -186.02%

502-43000 2100 FICA 13,350.00 13,504.97 -154.97 -1.16%

502-43000 2210 VRS 16,750.00 16,751.28 -1.28 -0.01%

502-43000 2300 Group Insurance 36,810.00 36,792.00 18.00 0.05%

502-43000 2400 Group Life (VRS) 2,100.00 2,101.68 -1.68 -0.08%

502-43000 2600 Unemployment - 4,391.88 -4,391.88 -100.00%

502-43000 3310 Maint. Repairs, Machinery & Equip. 5,000.00 5,310.46 -310.46 -6.21%

502-43000 3311 Repair Parts 45,000.00 43,217.78 1,782.22 3.96%

502-43000 3312 Pump Stations Costs 10,000.00 16,926.32 -6,926.32 -69.26%

502-43000 3600 Advertising 200.00 136.80 63.20 31.60%

502-43000 5110 Electricity 195,000.00 153,304.90 41,695.10 21.38%

502-43000 5210 Postal Service 1,000.00 748.78 251.22 25.12%

502-43000 5230 Communications 10,000.00 6,882.09 3,117.91 31.18%

502-43000 5410 Rents & Leases - Equipment 600.00 1,121.28 -521.28 -86.88%

502-43000 5540 Travel & Training 9,500.00 1,584.17 7,915.83 83.32%

502-43000 5810 Membership Dues/Subscriptions 100.00 175.99 -75.99 -75.99%

502-43000 5858 Sample Fees 11,000.00 7,193.76 3,806.24 34.60%

502-43000 5859 DEQ Plant Permit 8,600.00 7,984.00 616.00 7.16%

502-43000 5863 Sewer-Certification Expense 600.00 205.00 395.00 65.83%

502-43000 5864 Lab Supplies 7,000.00 7,514.95 -514.95 -7.36%

502-43000 5865 Sludge Disposal 3,000.00 907.50 2,092.50 69.75%

502-43000 5866 Nutrient Credit Program 2,000.00 1,875.00 125.00 6.25%

502-43000 5867 Land Application Permit Fees 2,500.00 2,561.90 -61.90 -2.48%

502-43000 5868 Lab Permit Fees 1,000.00 600.00 400.00 40.00%

502-43000 6001 Office Supplies 1,000.00 150.08 849.92 84.99%

502-43000 6008 Gas, Lube, Tires etc. 5,000.00 3,523.43 1,476.57 29.53%

502-43000 6011 Uniforms 6,000.00 5,791.91 208.09 3.47%

502-43000 6014 Materials & Supplies 50,000.00 40,029.26 9,970.74 19.94%

Totals 617,566.00 562,398.69 55,167.31 8.93%

Approp. Year-to-Date Balance % Remaining

Page 10 of 11

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Expenditures - FY 2017-2018

Description Amount Amount

Sewer Plant - Capital Outlay

502-43250 8202 Mach.-Equip. Maintenance & Repairs 55,000.00 99,572.61 -44,572.61 -81.04%502-43250 8217 Replacement Projects 3,000.00 3,251.24 -251.24 -8.37%

Totals 58,000.00 102,823.85 -44,823.85 -77.28%

Sewer Fund Debt Service

502-95100 9110 Debt Service - Principal 289,698.00 290,060.48 -362.48 -0.13%

502-95100 9120 Debt Service - Interest 108,076.00 105,283.87 2,792.13 2.58%

502-95100 9130 Handling Charges 350.00 - 350.00 100.00%

Totals 398,124.00 395,344.35 2,779.65 0.70%

Sewer Fund Expenditures 1,660,645.00 1,562,272.75 98,372.25 5.92%

Total Expenditures 11,218,918.00 9,074,440.55 2,144,477.45 19.11%

.

Page 11 of 11

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Town of Luray, Virginia Council Agenda Statement

Meeting Date: July 9, 2018

Item No: VI - A

Agenda Item: COUNCIL CONSIDERATION

Item VI-A – Code Amendments – Itinerant Merchants, Peddlers & Solicitors

Summary: Council is requested to consider Code Amendments to Town Code Section 30-1, 30-

38, 30-41, 30-71, 30-96, 30-97, and 30-102 related to operations and Business

License tax rates for Itinerant Merchants, Peddlers, and Solicitors. Changes include:

• Establish Section 30-1 to regulate Commercial Solicitor hours and practices

• Modify 30-36 to specify a business license for each definite location to allow

business with a definite location license to operate as an itinerant merchant.

• Modify 30-38 to require currency on Town taxes prior to issuance of a

Business License

• Modify 30-71 to specify a general $500 Business License tax rate unless

specifically stated elsewhere in the Code

• Modify 30-96 to establish a $500 per year Business License tax rate for

itinerant merchants, eliminate proration, and establish exemptions for

Itinerant Vendor Business License taxes

• Modify 30-97 to establish $500 per year Business License tax rate for

peddlers not selling perishable items and establish exemptions for Peddler

Business License taxes and eliminate proration

• Establish Section 30-102 to define Commercial Solicitors, establish their

Business License tax rates, and establish exemptions for Commercial

Solicitor Business License taxes and eliminate proration

Council Review: Town Council conducted review at their April 24th Work Session, May 14th

Meeting, May 22nd Special Meeting, and June 11th Council Meeting.

Fiscal Impact: Changes are not anticipated to have significant impact on revenues.

Suggested Motion: I move that Town Council adopt the Code Amendments to Town Code Section 30-

1, 30-36, 30-38, 30-71, 30-96, 30-97, and 30-102 related to operations and Business

License tax rates for Itinerant Merchants, Peddlers, and Solicitors as presented.

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Town of Luray 45 East Main Street

P. O. Box 629

Luray, Virginia 22835

RESOLUTION

WHEREAS, the Town Council of Luray desires to amend the Town Code related to itinerant merchants,

peddlers, and solicitors; and

WHEREAS, the Town Council of Luray desires to amend the Town Code to comply with current

regulations of the Commonwealth of Virginia related to business, professional, and occupational licenses;

and

WHEREAS, the Council of the Town of Luray, Virginia after public advertising a public hearing to receive

comment on the proposed Amendments to the Town Code and conducting said public hearing; and

WHEREAS, the following Amendments to the Town Code are considered:

Sec. 30-1. – Solicitation of residents and commercial businesses

(a) As a means to preserve safety and well-being of town residents, the town hereby establishes the following

regulations for commercial solicitation at residences and businesses:

1) Commercial solicitors may only visit properties between the hours of 9:00 a.m. and 7:00 p.m.

2) No commercial solicitor shall enter in or upon any house, building, or private property of any type

without the prior express consent of the owner or occupant thereof, where there is placed or posted on

the premises in a conspicuous location at or near the usual means of ingress a sign or other form of

notice stating or indicating that the owner or occupant thereof forbids or otherwise does not desire

persons in solicitation or selling to enter upon the premises.

(b) The regulations described in subsection (a) shall not apply to:

1) The sale or offering for sale of newspapers.

2) The sale or offering for sale of fresh farm products.

(c) Any person willfully failing to observe these restrictions under this article shall, upon conviction thereof, be

guilty of a Class 3 misdemeanor.

Sec. 30-36. - Separate license for each place of business.

When any person is engaged in a business subject to taxation under the provisions of this chapter, a separate license

shall be required for each different definite location where such business is conducted.

Sec. 30-38. - Application; statements and other proof as to gross receipts, purchases, etc.

(a) Every person desiring to obtain a license to prosecute any business, trade, profession or occupation, or to do

anything for which a license is required under this chapter, shall make application therefor to the town treasurer, in

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which application shall be stated the residence of the applicant, the nature of the business, trade, profession,

occupation or thing to be done and the place where it is proposed to be conducted.

(b) Where the license tax imposed by this chapter is measured by gross receipts, gross value, sales or purchases,

the town treasurer or license inspector may require of the applicant for a license a statement, under oath, as to the

amount of his gross receipts, gross value, sales or purchases, and, if the town treasurer or license inspector deems it

advisable or necessary, he may demand of such person such other proof of the amount of his gross receipts, gross

value, sales or purchases as may enable him to satisfactorily determine the same. The town treasurer may decline to

issue the license until such proof has been furnished.

(c) No business license shall be issued until the applicant has produced evidence satisfactory to the town

treasurer that all delinquent business license, real estate, personal property, meals, and lodging taxes owed by the

business to the town have been paid in full.

(d) It shall be unlawful for any person to make a false or misleading statement or give false testimony for the

purpose of obtaining a license under this chapter. Any license issued because of any such statement or testimony shall

be revoked and no part of the license tax collected shall be refunded.

(Code 1981, § 11-8; Ord. of 5-9-1983)

Sec. 30-71. - Business, professional and occupational licenses.

(a) Overriding conflicting ordinances. Except as may be otherwise provided by the laws of the commonwealth,

and notwithstanding any other current ordinances or resolutions enacted by the town council, whether or not compiled

in this Code, to the extent of any conflict, the following provisions shall be applicable to the levy, assessment, and

collection of licenses required and taxes imposed on businesses, trades, professions and callings and upon the persons,

firms and corporations engaged therein within this locality.

(b) License requirement.

(1) Generally.

a. Every person engaging in this jurisdiction in any business, trade, profession occupation or calling

(collectively hereinafter "a business"), as defined in this section, unless otherwise exempted by law, shall

apply for a license for each such business if:

(1i) Such person maintains a definite place of business in this jurisdiction,

(2ii) Such person does not maintain a definite office anywhere but does maintain an abode in this

jurisdiction, which abode for the purposes of this section shall be deemed a definite place of business, or

(3iii) There is no definite place of business but such person operates amusement machines, is engaged

as a peddler or itinerant merchant, carnival or circus as specified in Code of Virginia, § 58.1-3717, 58.1-

3718, or 58.1-3728, respectively, or is a contractor subject to Code of Virginia, § 58.1-3715, or is a

public service corporation subject to Code of Virginia, § 58.1-3731.

b. Multiple places of business. A separate license shall be required for each definite place of business. A

person engaged in two or more businesses or professions carried on at the same place of business may elect

to obtain one license for all such businesses and professions if all of the following criteria are satisfied:

(1i) Each business or profession is licensable at the location and has satisfied any requirements

imposed by state law or other provisions of the ordinances of this jurisdiction;

(2ii) All of the businesses or professions are subject to the same tax rate, or if subject to different tax

rates, the licensee agrees to be taxed on all businesses and professions at the highest rate; and

(3iii) The taxpayer agrees to supply such information as the assessor may require concerning the nature

of the several businesses and their gross receipts.

(2) Each person subject to a license tax shall apply for a license prior to beginning business if he was not

subject to licensing in this jurisdiction on or before January 1 of the license year or no later than March 1 of the

current license year if he had been issued a license for the preceding license year. The application shall be on

forms prescribed by the assessing official.

(3) The tax shall be paid with the application in the case of any license not based on gross receipts. If, the tax

is measured by the gross receipts of the business, the tax shall be paid on or before March 1 of each year.

(4) The assessing official may grant an extension of time, not to exceed 90 days, in which to file an

application for a license, for reasonable cause. The extension shall be conditioned upon the timely payment of a

reasonable estimate of the appropriate tax, subject to adjustment to the correct tax at the end of the extension

together with interest from the due date until the date paid and, if the estimate submitted with the extension is

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found to be unreasonable under the circumstances, a penalty of ten percent of the portion paid after the due

date.

(5) A penalty of ten percent of the tax may be imposed upon the failure to file an application or the failure to

pay the tax by the appropriate due date. Only the late filing penalty shall be imposed by the assessing official if

both the application and payment are late; however, both penalties may be assessed if the assessing official

determines that the taxpayer has a history of noncompliance. In the case of an assessment of additional tax

made by the assessing official, if the application and, if applicable, the return were made in good faith and the

understatement of the tax was not due to any fraud, reckless or intentional disregard of the law by the taxpayer,

there shall be no late payment penalty assessed with the additional tax. If any assessment of tax by the assessing

official is not paid within 30 days, the treasurer (or other collecting official) may impose a ten percent late

payment penalty. The penalties shall not be imposed, or if imposed, shall be abated by the official who assessed

them, if the failure to file or pay was not the fault of the taxpayer. In order to demonstrate lack of fault, the

taxpayer must show that he acted responsibly and that the failure was due to events beyond his control. "Acted

responsibly" means that:

a. The taxpayer exercised the level of reasonable care that a prudent person would exercise under the

circumstances in determining the filing obligations for the business and

b. The taxpayer undertook significant steps to avoid or mitigate the failure, such as requesting

appropriate extensions (where applicable), attempting to prevent a foreseeable impediment, acting to

remove an impediment once it occurred, and promptly rectifying a failure once the impediment was

removed or the failure discovered.

"Events beyond the taxpayer's control" include, but are not limited to, the unavailability of records due to fire

or other casualty; the unavoidable absence (e.g., due to death or serious illness) of the person with the sole

responsibility for tax compliance; or the taxpayer's reasonable reliance in good faith upon erroneous written

information from the assessing official, who was aware of the relevant facts relating to the taxpayer's business

when he provided the erroneous information.

(6) Interest shall be charged on the late payment of the tax from the due date until the date paid without

regard to fault or other reason for the late payment. Whenever an assessment of additional or omitted tax by the

assessing official is found to be erroneous, all interest and penalty charged and collected on the amount of the

assessment found to be erroneous shall be refunded together with interest on the refund from the date of

payment or the due date, whichever is later. Interest shall be paid on the refund of any tax paid under this

section from the date of payment or due date, whichever is later, whether attributable to an amended return or

other reason. Interest on any refund shall be paid at the same rate charged under Code of Virginia, § 58.1-3916.

No interest shall accrue on an adjustment of estimated tax liability to actual liability at the conclusion of a base

year. No interest shall be paid on a refund or charged on a late payment, in event of such adjustment, provided

the refund or the late payment is made not more than 30 days from (i) the date of the payment that created the

refund or (ii) the due date of the tax, whichever is later.

(c) Situs of gross receipts.

(1) General rule. Whenever the tax imposed by this section is measured by gross receipts, the gross receipts

included in the taxable measure shall be only those gross receipts attributed to the exercise of a licensable

privilege at a definite place of business within this jurisdiction. In the case of activities conducted outside of a

definite place of business, such as during a visit to a customer location, the gross receipts shall be attributed to

the definite place of business from which such activities are initiated, directed, or controlled. The situs of gross

receipts for different classifications of business shall be attributed to one or more definite places of business or

offices as follows:

a. The gross receipts of a contractor shall be attributed to the definite place of business at which his

services are performed, or if his services are not performed at any definite place of business, then the

definite place of business from which his services are directed or controlled, unless the contractor is subject

to the provisions of Code of Virginia, § 58.1-3715.

b. The gross receipts of a retailer or wholesaler shall be attributed to the definite place of business at

which sales solicitation activities occur, or if sales solicitation activities do not occur at any definite place

of business, then the definite place of business from which sales solicitation activities are directed or

controlled; however, a wholesaler or distribution house subject to a license tax measured by purchases shall

determine the situs of its purchases by the definite place of business at which or from which deliveries of

the purchased goods, wares and merchandise are made to customers. Any wholesaler who is subject to

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license tax in two or more localities and who is subject to multiple taxation because the localities use

different measures, may apply to the department of taxation for a determination as to the proper measure of

purchases and gross receipts subject to license tax in each locality.

c. The gross receipts of a business renting tangible personal property shall be attributed to the definite

place of business from which the tangible personal property is rented or, if the property is not rented from

any definite place of business, then the definite place of business at which the rental of such property is

managed.

d. The gross receipts from the performance of services shall be attributed to the definite place of business

at which the services are performed or, if not performed at any definite place of business, then the definite

place of business from which the services are directed or controlled.

(2) Apportionment. If the licensee has more than one definite place of business and it is impractical or

impossible to determine to which definite place of business gross receipts should be attributed under the general

rule (and the affected jurisdictions are unable to reach an apportionment agreement), except as to circumstances

set forth in Code of Virginia, § 58.1-3709, the gross receipts of the business shall be apportioned between the

definite places of businesses on the basis of payroll. Gross receipts shall not be apportioned to a definite place

of business unless some activities under the applicable general rule occurred at, or were controlled from, such

definite place of business. Gross receipts attributable to a definite place of business in another jurisdiction shall

not be attributed to this jurisdiction solely because the other jurisdiction does not impose a tax on the gross

receipts attributable to the definite place of business in such other jurisdiction.

(3) Agreements. The assessor may enter into agreements with any other political subdivision of Virginia

concerning the manner in which gross receipts shall be apportioned among definite places of business.

However, the sum of the gross receipts apportioned by the agreement shall not exceed the total gross receipts

attributable to all of the definite places of business affected by the agreement. Upon being notified by a

taxpayer that its method of attributing gross receipts is fundamentally inconsistent with the method of one or

more political subdivisions in which the taxpayer is licensed to engage in business and that the difference has,

or is likely to, result in taxes on more than 100 percent of its gross receipts from all locations in the affected

jurisdictions, the assessor shall make a good faith effort to reach an apportionment agreement with the other

political subdivisions involved.

(d) Limitations and extensions.

(1) Where, before the expiration of the time prescribed for the assessment of any license tax imposed

pursuant to this section, both the assessing official and the taxpayer have consented in writing to its assessment

after such time, the tax may be assessed at any time prior to the expiration of the period agreed upon. The

period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the

period previously agreed upon.

(2) Notwithstanding Code of Virginia, § 58.1-3903, the assessing official shall assess the local license tax

omitted because of fraud or failure to apply for a license for the current license year and the six preceding

years.

(3) The period for collecting any local license tax shall not expire prior to the period specified in Code of

Virginia, § 58.1-3940, two years after the date of assessment if the period for assessment has been extended

pursuant to this subdivision, two years after the final determination of an appeal for which collection has been

stayed pursuant to the following subsection (e)(2) or (e)(4) of this section, or two years after the final decision

in a court application pursuant to Code of Virginia, § 58.1-3984, or similar law for which collection has been

stayed, whichever is later.

(e) Appeals and rulings.

(1) Any person assessed with a license tax under this section as the result of an audit may apply within 90

days from the date of the assessment to the assessing official for a correction of the assessment. The application

must be filed in good faith and sufficiently identify the taxpayer, audit period, remedy sought, each alleged

error in the assessment, the grounds upon which the taxpayer relies, and any other facts relevant to the

taxpayer's contention. The assessor may hold a conference with the taxpayer if requested by the taxpayer, or

require submission of additional information and documents, further audit, or other evidence deemed necessary

for a proper and equitable determination of the applications. The assessment shall be deemed prima facie

correct. The assessor shall undertake a full review of the taxpayer's claims and issue a determination to the

taxpayer setting forth its position. Every assessment pursuant to an audit shall be accompanied by a written

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explanation of the taxpayer's right to seek correction and the specific procedure to be followed in the

jurisdiction (e.g., the name and address to which an application should be directed).

(2) Provided an application is made within 90 days of an assessment, collection activity shall be suspended

until a final determination is issued by the assessor, unless the assessor determines that collection would be

jeopardized by delay or that the taxpayer has not responded to a request for relevant information after a

reasonable time. Interest shall accrue in accordance with the provisions of subsection (b)(6) of this section, but

no further penalty shall be imposed while collection action is suspended. The term "jeopardized by delay"

includes a finding that the application is frivolous, or that a taxpayer desires:

a. To depart quickly from the locality,

b. To remove his property therefrom,

c. To conceal himself or his property therein, or

d. To do any other act tending to prejudice or to render wholly or partially ineffectual, proceedings to

collect the tax for the period in question.

(3) Any person assessed with a license tax under this section as a result of an audit may apply within 90 days

of the determination by the assessing official on an application pursuant to subsection (e)(1) above to the tax

commissioner for a correction of such assessment. The tax commissioner shall issue a determination to the

taxpayer within 90 days of receipt of the taxpayer's application, unless the taxpayer and the assessing official

are notified that a longer period will be required. The application shall be treated as an application pursuant to

Code of Virginia, § 58.1-1821, and the tax commissioner may issue an order correcting such assessment

pursuant to Code of Virginia, § 58.1-1822. Following such an order, either the taxpayer or the assessing official

may apply to the appropriate circuit court pursuant to Code of Virginia, § 58.1-3984. However, the burden shall

be on the party making the application to show that the ruling of the tax commissioner is erroneous. Neither the

tax commissioner nor the department of taxation shall be made a party to an application to correct an

assessment merely because the tax commissioner has ruled on it.

(4) On receipt of a notice of intent to file an appeal to the tax commissioner under subsection (e)(3) above,

the assessing official shall further suspend collection activity until a final determination is issued by the tax

commissioner, unless the assessor determines that collection would be jeopardized by delay or that the taxpayer

has not responded to a request for relevant information after a reasonable time. Interest shall accrue in

accordance with the provisions of subsection (b)(6), but no further penalty shall be imposed while collection

action is suspended. The term "jeopardized by delay" shall have the same meaning as set forth in subsection

(e)(2) above.

(1) Definitions. For purposes of this section:

"Amount in dispute," when used with respect to taxes due or assessed, means the amount specifically

identified in the administrative appeal or application for judicial review as disputed by the party filing such

appeal or application.

"Appealable event" means an increase in the assessment of a local license tax payable by a taxpayer, the

denial of a refund, or the assessment of a local license tax where none previously was assessed, arising out

of the local assessing official's (i) examination of records, financial statements, books of account, or other

information for the purpose of determining the correctness of an assessment; (ii) determination regarding

the rate or classification applicable to the licensable business; (iii) assessment of a local license tax when no

return has been filed by the taxpayer; or (iv) denial of an application for correction of erroneous assessment

attendant to the filing of an amended application for license.

An appealable event shall include a taxpayer's appeal of the classification applicable to a business, including

whether the business properly falls within a business license subclassification established by the town,

regardless of whether the taxpayer's appeal is in conjunction with an assessment, examination, audit, or any

other action taken by the town.

"Frivolous" means a finding, based on specific facts, that the party asserting the appeal is unlikely to prevail

upon the merits because the appeal is (i) not well grounded in fact; (ii) not warranted by existing law or a

good faith argument for the extension, modification, or reversal of existing law; (iii) interposed for an

improper purpose, such as to harass, to cause unnecessary delay in the payment of tax or a refund, or to

create needless cost from the litigation; or (iv) otherwise frivolous.

"Jeopardized by delay" means a finding, based upon specific facts, that a taxpayer designs to (i) depart

quickly from the town; (ii) remove his property therefrom; (iii) conceal himself or his property therein; or

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(iv) do any other act tending to prejudice, or to render wholly or partially ineffectual, proceedings to collect

the tax for the period in question.

(2) Administrative appeals to town treasurer.

a. Filing and contents of administrative appeal. Any person assessed with a local license tax as a

result of an appealable event as defined in this section may file an administrative appeal of the

assessment within one year from the last day of the tax year for which such assessment is made, or

within one year from the date of the appealable event, whichever is later, with the town treasurer. The

appeal must be filed in good faith and sufficiently identify the taxpayer, the tax periods covered by the

challenged assessments, the amount in dispute, the remedy sought, each alleged error in the assessment,

the grounds upon which the taxpayer relies, and any other facts relevant to the taxpayer's contention.

The town treasurer may hold a conference with the taxpayer if requested by the taxpayer, or require

submission of additional information and documents, an audit or further audit, or other evidence

deemed necessary for a proper and equitable determination of the appeal. The assessment placed at issue

in the appeal shall be deemed prima facie correct. The town treasurer shall undertake a full review of

the taxpayer's claims and issue a written determination to the taxpayer setting forth the facts and

arguments in support of his or her decision.

The taxpayer may at any time also file an administrative appeal of the classification applicable to the

taxpayer's business, including whether the business properly falls within a business license

subclassification established by the town. However, the appeal of the classification of the business shall

not apply to any license year for which the Tax Commissioner has previously issued a final

determination relating to any license fee or license tax imposed upon the taxpayer's business for the

year. In addition, any appeal of the classification of a business shall in no way affect or change any

limitations period prescribed by law for appealing an assessment.

b. Notice of right of appeal and procedures. Every assessment made by the town treasurer pursuant

to an appealable event shall include or be accompanied by a written explanation of the taxpayer's right

to file an administrative appeal and the specific procedures to be followed in the jurisdiction, the name

and address to which the appeal should be directed, an explanation of the required content of the appeal,

and the deadline for filing the appeal.

c. Suspension of collection activity during appeal. Provided a timely and complete administrative

appeal is filed, collection activity with respect to the amount in dispute relating to any assessment by the

town treasurer shall be suspended until a final determination is issued by the town treasurer, unless the

town treasurer determines (i) collection would be jeopardized by delay as defined in this section; (ii) the

taxpayer has not responded to a request for relevant information after a reasonable time; or (iii) the

appeal is frivolous as defined in this section. Interest shall accrue in accordance with Sec. 30-71(b)(6),

but no further penalty shall be imposed while collection action is suspended.

d. Procedure in event of nondecision. Any taxpayer whose administrative appeal to the town

treasurer pursuant to the provisions of subdivision (2) of this subsection has been pending for more than

one year without the issuance of a final determination may, upon not less than 30 days' written notice to

the town treasurer, elect to treat the appeal as denied and appeal the assessment or classification of the

taxpayer's business to the Tax Commissioner in accordance with the provisions of subdivision (3) of this

subsection. The Tax Commissioner shall not consider an appeal filed pursuant to the provisions of this

subsection if he finds that the absence of a final determination on the part of the town treasurer was

caused by the willful failure or refusal of the taxpayer to provide information requested and reasonably

needed by the town treasurer to make a determination.

(3) Administrative appeal to the Tax Commissioner.

a. Any person assessed with a local license tax as a result of a determination or that has received a

determination with regard to the person's appeal of the license classification or subclassification

applicable to the person's business, upon an administrative appeal to the town treasurer pursuant to

subdivision (2) of this subsection, that is adverse to the position asserted by the taxpayer in such appeal

may appeal such assessment or determination to the Tax Commissioner within 90 days of the date of the

determination by the town treasurer. The appeal shall be in such form as the Tax Commissioner may

prescribe and the taxpayer shall serve a copy of the appeal upon the town treasurer. The Tax

Commissioner shall permit the town treasurer to participate in the proceedings, and shall issue a

determination to the taxpayer within 90 days of receipt of the taxpayer's application, unless the taxpayer

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and the assessing official are notified that a longer period will be required. The appeal shall proceed in

the same manner as an application pursuant to Va. Code § 58.1-1821, and the Tax Commissioner

pursuant to § 58.1-1822 may issue an order correcting such assessment or correcting the license

classification or subclassification of the business and the related license tax or fee liability.

b. Suspension of collection activity during appeal. On receipt of a notice of intent to file an appeal

to the Tax Commissioner under subdivision a of this subsection, collection activity with respect to the

amount in dispute relating to any assessment by the town treasurer shall be suspended until a final

determination is issued by the Tax Commissioner, unless the town treasurer determines (i) collection

would be jeopardized by delay as defined in this section; (ii) the taxpayer has not responded to a request

for relevant information after a reasonable time; or (iii) the appeal is frivolous as defined in this section.

Interest shall accrue in accordance with Sec. 30-71(b)(6), but no further penalty shall be imposed while

collection action is suspended. The requirement that collection activity be suspended shall cease unless

an appeal pursuant to subdivision (3)a of this subsection is filed and served on the necessary parties

within 30 days of the service of notice of intent to file such appeal.

c. Implementation of determination of Tax Commissioner. Promptly upon receipt of the final

determination of the Tax Commissioner with respect to an appeal pursuant to subdivision (3)a of this

subsection, the town treasurer shall take those steps necessary to calculate the amount of tax owed by or

refund due to the taxpayer consistent with the Tax Commissioner's determination and shall provide that

information to the taxpayer and to the treasurer in accordance with the provisions of this subdivision.

(i) If the determination of the Tax Commissioner sets forth a specific amount of tax due, the town

treasurer shall issue a bill to the taxpayer for such amount due, together with interest accrued and

penalty, if any is authorized by this section, within 30 days of the date of the determination of the Tax

Commissioner.

(ii) If the determination of the Tax Commissioner sets forth a specific amount of refund due, the

town treasurer shall issue a payment to the taxpayer for such amount due, together with interest

accrued pursuant to this section, within 30 days of the date of the determination of the Tax

Commissioner.

(iii) If the determination of the Tax Commissioner does not set forth a specific amount of tax due, or

otherwise requires the town treasurer to undertake a new or revised assessment that will result in an

obligation to pay a tax that has not previously been paid in full, the town treasurer shall promptly

commence the steps necessary to undertake such new or revised assessment, and provide the same to

the taxpayer within 60 days of the date of the determination of the Tax Commissioner, or within 60

days after receipt from the taxpayer of any additional information requested or reasonably required

under the determination of the Tax Commissioner, whichever is later. The town treasurer shall issue a

bill to the taxpayer for the amount due, together with interest accrued and penalty, if any is authorized

by this section, within 30 days of the date of the new assessment.

(iv) If the determination of the Tax Commissioner does not set forth a specific amount of refund due,

or otherwise requires the town treasurer to undertake a new or revised assessment that will result in an

obligation on the part of the locality to make a refund of taxes previously paid, the town treasurer shall

promptly commence the steps necessary to undertake such new or revised assessment or to determine

the amount of refund due in the case of a correction to the license classification or subclassification of

the business, and provide the same to the taxpayer within 60 days of the date of the determination of

the Tax Commissioner, or within 60 days after receipt from the taxpayer of any additional information

requested or reasonably required under the determination of the Tax Commissioner, whichever is

later. The town treasurer shall issue a refund to the taxpayer for the amount of tax due, together with

interest accrued, within 30 days of the date of the new assessment or determination of the amount of

the refund.

(4) Judicial review of determination of Tax Commissioner.

a. Judicial review. Following the issuance of a final determination of the Tax Commissioner

pursuant to subdivision (3) of this subsection, the taxpayer or town treasurer may apply to the

appropriate circuit court for judicial review of the determination, or any part thereof, pursuant to Va.

Code § 58.1-3984. In any such proceeding for judicial review of a determination of the Tax

Commissioner, the burden shall be on the party challenging the determination of the Tax Commissioner,

or any part thereof, to show that the ruling of the Tax Commissioner is erroneous with respect to the

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part challenged. Neither the Tax Commissioner nor the Department of Taxation shall be made a party to

an application to correct an assessment merely because the Tax Commissioner has ruled on it.

b. Suspension of payment of disputed amount of tax due upon taxpayer's notice of intent to initiate

judicial review.

(i) On receipt of a notice of intent to file an application for judicial review, pursuant to Va. Code

§ 58.1-3984, of a determination of the Tax Commissioner pursuant to subdivision (3) of this

subsection, and upon payment of the amount of the tax relating to any assessment by the town

treasurer that is not in dispute together with any penalty and interest then due with respect to such

undisputed portion of the tax, the treasurer shall further suspend collection activity while the court

retains jurisdiction unless the court, upon appropriate motion after notice and an opportunity to be

heard, determines that (i) the taxpayer's application for judicial review is frivolous, as defined in this

section; (ii) collection would be jeopardized by delay, as defined in this section; or (iii) suspension of

collection would cause substantial economic hardship to the locality. For purposes of determining

whether substantial economic hardship to the locality would arise from a suspension of collection

activity, the court shall consider the cumulative effect of then-pending appeals filed within the locality

by different taxpayers that allege common claims or theories of relief.

(ii) Upon a determination that the appeal is frivolous, that collection may be jeopardized by delay, or

that suspension of collection would result in substantial economic hardship to the locality, the court

may require the taxpayer to pay the amount in dispute or a portion thereof, or to provide surety for

payment of the amount in dispute in a form acceptable to the court.

(iii) No suspension of collection activity shall be required if the application for judicial review fails to

identify with particularity the amount in dispute or the application does not relate to any assessment by

the town treasurer.

(iv) The requirement that collection activity be suspended shall cease unless an application for

judicial review pursuant to Va. Code § 58.1-3984 is filed and served on the necessary parties within

30 days of the service of the notice of intent to file such application.

(v) The suspension of collection activity authorized by this subdivision shall not be applicable to any

appeal of a local license tax that is initiated by the direct filing of an action pursuant to Va. Code

§ 58.1-3984 without prior exhaustion of the appeals provided by subdivisions (2) and (3) of this

subsection.

c. Suspension of payment of disputed amount of refund due upon locality's notice of intent to

initiate judicial review.

(i) Payment of any refund determined to be due pursuant to the determination of the Tax

Commissioner of an appeal pursuant to subdivision (3) of this subsection shall be suspended if the

town serves upon the taxpayer, within 60 days of the date of the determination of the Tax

Commissioner, a notice of intent to file an application for judicial review of the Tax Commissioner's

determination pursuant to Va. Code § 58.1-3984 and pays the amount of the refund not in dispute,

including tax and accrued interest. Payment of such refund shall remain suspended while the court

retains jurisdiction unless the court, upon appropriate motion after notice and an opportunity to be

heard, determines that the locality's application for judicial review is frivolous, as defined in this

section.

(ii) No suspension of refund activity shall be permitted if the town's application for judicial review

fails to identify with particularity the amount in dispute.

(iii) The suspension of the obligation to make a refund shall cease unless an application for judicial

review pursuant to Va. Code § 58.1-3984 is filed and served on the necessary parties within 30 days of

the service of the notice of intent to file such application.

d. Accrual of interest on unpaid amount of tax. Interest shall accrue in accordance with Sec. 30-

71(b)(6), but no further penalty shall be imposed while collection action is suspended.

(5) Any taxpayer may request a written ruling regarding the application of the tax to a specific situation from

the assessor town treasurer. Any person requesting such a ruling must provide all the relevant facts for the

situation and may present a rationale for the basis of an interpretation of the law most favorable to the taxpayer.

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In addition, the taxpayer or authorized representative may request a written ruling with regard to the

classification applicable to the taxpayer's business, including whether the business properly falls within a

business license subclassification established by the town.

Any misrepresentation or change in the applicable law or the factual situation as presented in the ruling request

shall invalidate any such ruling issued. A written ruling may be revoked or amended prospectively if (i) there is

a change in the law, a court decision, or (ii) the assessor notifies the taxpayer of a change in the policy or

interpretation upon which the ruling was based. However, any person who acts on a written ruling which later

becomes invalid shall be deemed to have acted in good faith during the period in which such ruling was in

effect.

(f) Recordkeeping and audits. Every person who is assessable with a license tax shall keep sufficient records to

enable the assessor town treasurer to verify the correctness of the tax paid for the license years assessable and to

enable the assessor town treasurer to ascertain what is the correct amount of tax that was assessable for each of

those years. All such records, books of accounts and other information shall be open to inspection and examination

by the assessor in order to allow the assessor town treasurer to establish whether a particular receipt is directly

attributable to the taxable privilege exercised within this jurisdiction the town. The assessor town treasurer shall

provide the taxpayer with the option to conduct the audit in the taxpayer's local business office, if the records are

maintained there. In the event the records are maintained outside this jurisdiction, copies of the appropriate books

and records shall be sent to the assessor’s town treasurer’s office upon demand.

(g) Exclusions and deductions from gross receipts.

(1) General rule. Gross receipts for license tax purposes shall not include any amount not derived from the

exercise of the licensed privilege to engage in a business or profession in the ordinary course of business or

profession.

(2) Exclusions. The following items shall be excluded from gross receipts:

a. Amounts received and paid to the United States, the commonwealth or any county, city or town for the

Virginia retail sales or use tax, or for any local sales tax or any local excise tax on cigarettes, for any federal

or state excise taxes on motor fuels.

b. Any amount representing the liquidation of a debt or conversion of another asset to the extent that the

amount is attributable to a transaction previously taxed (e.g., the factoring of accounts receivable created by

sales which have been included in taxable receipts even though the creation of such debt and factoring are a

regular part of its business).

c. Any amount representing returns and allowances granted by the business to its customer.

d. Receipts which are the proceeds of a loan transaction in which the licensee is the obligor.

e. Receipts representing the return of principal of a loan transaction in which the licensee is the creditor,

or the return of principal or basis upon the sale of a capital asset.

f. Rebates and discounts taken or received on account of purchases by the licensee. A rebate or other

incentive offered to induce the recipient to purchase certain goods or services from a person other than the

offeror, and which the recipient assigns to the licensee in consideration of the sale of goods and services

shall not be considered a rebate or discount to the licensee, but shall be included in the licensee's gross

receipts together with any handling or other fees related to the incentive.

g. Withdrawals from inventory for purposes other than sale or distribution and for which no

consideration is received and the occasional sale or exchange of assets other than inventory, whether or not

a gain or loss is recognized for federal income tax purposes.

h. Investment income not directly related to the privilege exercised by a licensable business not classified

as rendering financial services. This exclusion shall apply to interest on bank accounts of the business, and

to interest, dividends and other income derived from the investment of its own funds in securities and other

types of investments unrelated to the licensed privilege. This exclusion shall not apply to interest, late fees

and similar income attributable to an installment sale or other transaction that occurred in the regular course

of business.

(3) Deductions. The following shall be deducted from gross receipts or gross purchases that would otherwise

be taxable:

a. Any amount paid for computer hardware and software that are sold to a United States federal or state

government entity provided that such property was purchased within two years of the sale to said entity by

the original purchaser who shall have been contractually obligated at the time of purchase to resell such

property to a state or federal government entity. This deduction shall not occur until the time of resale and

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shall apply to only the original cost of the property and not to its resale price, and the deduction shall not

apply to any of the tangible personal property which was the subject of the original resale contract if it is

not resold to a state or federal government entity in accordance with the original contract obligation.

b. Any receipts attributable to business conducted in another state or foreign country in which the

taxpayer is liable for an income or other tax based upon income.

(h) License tax. Every person or business subject to licensure under this section shall be assessed and required to

pay annually:

(1) Except as may be otherwise provided in Code of Virginia, §§ 58.1-3712, 58.1-3712.1 and 58.1-3713,

every person or business with annual gross receipts of more than $1.00 shall be assessed and required to pay

annually a license tax on all the gross receipts of such persons includable as provided in this section at a rate set

forth below for the class of enterprise listed.

a. For contractors and persons constructing for their own account, $30.00 if the gross receipts during the

preceding year did not exceed $30,000.00. If such gross receipts exceeded $30,000.00, the license tax shall

be an additional $0.10 per $100.00 of gross receipts;

b. For retailers, $30.00 per year and an additional $0.12 per $100.00 of gross receipts in excess of

$25,000.00;

c. For financial, real estate and professional services, $30.00 per year and an additional $0.25 per

$100.00 of gross receipts in excess of $12,000.00;

d. For repair, personal and business services and all other businesses and occupations not specifically

listed or exempted in this section or otherwise by law, $30.00 and an additional $0.25 per $100.00 of gross

receipts in excess of $12,000.00;

e. For wholesalers, $0.05 per $100.00 of purchases from the preceding year;

f. For fortunetellers, clairvoyants and practitioners of palmistry, $250.00 per year;

g. For massage parlors, $1,500.00 per year;

h. For itinerant merchants, or peddlers, and commercial solicitors, $500.00 per year, unless otherwise

provided for in Sec 30-96 for itinerant merchants, Sec 30-97 for peddlers, or Sec 30-102 for commercial

solicitors;

i. For permanent coliseums, arenas or auditoriums having a maximum capacity in excess of 10,000

persons, open to the public, $1,000.00 per year; and

j. For savings institutions and state-chartered credit unions, $50.00 per year.

(2) License taxes provided for herein shall be due as follows: For taxes based on gross receipts, the tax shall

be due on or before March 1 of each year, or no more than 30 days after the person begins business. Taxes not

based on gross receipts shall be paid with the application.

(Code 1981, § 11-70; Ord. of 12-30-1996; Ord. of 10-10-2000)

Sec. 30-96. - Itinerant vendors merchants generally; tax rate.

An itinerant merchant is any person who engages in, does, or transacts any temporary or transient business

within the town who, for the purpose of carrying on such business, occupies any location for a period of less

than one year.

(a) License display. A license certificate must be prominently displayed by an itinerant vendor merchant.

(b) License tax rates enumerated. License tax rates shall be as follows:

(1) Itinerant vendors merchants conducting business at a festival, parade, or other special event: $25.00 per

day of family supplies of a perishable nature or which are used for heating purposes (produce, fruits, meats,

seafood, perishable food, ice cream, sandwiches, beverages, vegetables, flowers, plants, ice, wood, coal, etc.):

$250.00 per month or fraction thereof.

(2) All other iItinerant vendors merchants: of general merchandise (not household supplies of a perishable

nature or supplies used for heating purposes as previously described): $500.00 per year.

(3) The license tax for itinerant merchants shall not be subject to proration.In no event shall the tax rates

specified in subsections (b)(1) and (b)(2) of this section exceed cumulatively $500.00 per year.

(c) License fee. An Itinerant vendor wishing to conduct business at a festival, parade or other special event: in the

town shall purchase a license for $25.00 per day.

(d)(c) Exemptions. No license tax shall be due from: Application of section provisions.

(1) This section shall not apply to aAny person who holds not more than two garage or yard sales within any 12-

month period, provided that such sale shall be held upon residential property and shall offer for sale only used

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household or personal goods owned by the seller or his immediate family conducting a garage or yard sale in

accordance with Chapter 66, Article II of the Town Code provided the sale is held upon residential property

and offers for sale only household or personal goods owned by the seller or immediate family.

(2) A nonprofit organization described in Internal Revenue Code § 501(c)(3) or 501(c)(19).

(3) The sale of newspapers.

(4) Vendors participating in a special event sponsored by the town.

(5) An itinerant merchant who sell or offer for sale in person, or by their employees, ice wood, charcoal,

meats, milk, butter, eggs, poultry, game, vegetables, fruits, or other family supplies or a perishable nature or

farm products grown or produced by them and not purchased by them for sale

(d) Location. Itinerant merchants shall not utilize any location in a manner that creates a zoning violation

by the host property.

(Code 1981, § 11-87; Ord. of 10-10-2000, § VII)

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Sec. 30-97. - Peddlers generally; tax rate.

A peddler shall be one who moves from place to place within the Town and offers merchandise, goods,

food, or services for sale or barter at no definite place of business.

(a) Exemptions; license display. This section shall not apply to a peddler at wholesale or those who sell

or offer for sale in person, or by their employees, ice, wood, charcoal, meats, milk, butter, eggs, poultry,

game, vegetables, fruits or other family supplies of a perishable nature or farm products grown or produced

by them and not purchased by them for sale. This section shall not apply to those who sell to dealers or

retailers only, a licensed wholesale dealer who sells and, at the time of such sale, delivers merchandise to

retail merchants, a distributor or vendor of motor fuels and petroleum products, a farmer or farmers'

cooperative association, and a manufacturer who is subject to state tax on intangible personal property who

peddles at wholesale only the goods, ware or merchandise manufactured by him at a plant, whose intangible

personal property is taxed by the commonwealth. License certificates must be prominently displayed by

peddlers.

(b) Tax rates enumerated. License tax rates shall be as follows:

(1) Peddlers of general merchandise and goods not specifically exempted: $30.00 $500.00 per year

or fraction thereof, per person or vehicle.

(2) Peddlers who purchase for resale family supplies of a perishable nature (produce, fruits, seafood,

perishable food, ice cream, meat, sandwiches, beverages, vegetables, flowers, plants, ice, etc.) or

which are used for heating purposes (produce, fruits, seafood, perishable food, ice cream, meat,

sandwiches, beverages, vegetables, flowers, plants, ice, wood, coal, etc.): $30.00 per year or fraction

thereof, per person or vehicle.

(3) The license tax for peddlers shall not be subject to proration.

(b) Exemptions. No license tax shall be due from:

1) A peddler at wholesale or those who sell or offer for sale in person, or by their employees, ice

wood, charcoal, meats, milk, butter, eggs, poultry, game, vegetables, fruits, or other family

supplies or a perishable nature or farm products grown or produced by them and not purchased

by them for sale.

2) A licensed wholesale dealer who sells and, at the time of such sale, delivers merchandise to retail

merchants.

3) A distributor or vendor of motor fuels and petroleum products

4) A distributor of seafood who catches seafood and sells only the seafood caught by him.

5) A farmer or producer of agricultural products who sells only the farm or agricultural products

produced or grown by him.

6) A farmer’s cooperative association.

7) A manufacturer who is subject to state tax on intangible personal property who peddles at

wholesale only the goods, ware, or merchandise manufactured by him at a plant, whose

intangible personal property is taxed by the Commonwealth.

(c) Direct sales exempted; exception. Notwithstanding any other provision of this section, no license tax

shall be imposed on a direct seller, unless the total sales of such seller exceeds $4,000.00 per year. The rate

of tax on a direct seller who resides in the town and whose total sales exceed $4,000.00 per year, shall be

$0.20 per $100.00 of retail sales, or $0.05 per $100.00 of total annual wholesale sales, whichever is

applicable.

(Code 1981, § 11-88; Code 1981, §§ 11-70, 11-88; Ord. of 10-10-2000, § VIII)

Sec. 30-102. – Commercial solicitor; tax rate.

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A commercial solicitor is any person who goes from property to property within the town for the purpose

of taking orders or offering to take orders for the sale of goods, wares, or merchandise or taking orders

for services to be performed in the future.

(a) License tax rates enumerated:

(1) For commercial solicitors who i) maintain a place of abode within town limits; ii) are direct

sellers as defined by Virginia Code § 58.1-3719.1.B; and iii) whose total sales exceed $4,000.00

per year: $0.20 per $100.00 of retail sales, or $0.05 per $100.00 of total annual wholesale sales,

whichever is applicable. No license tax shall be due from direct sellers with total sales of less

than $4,000 per year.

(2) For all other commercial solicitors: $500.00 per year.

(3) The license tax for commercial solicitors shall not be subject to proration.

(b) Exemptions. No license tax shall be due for activities:

(1) By or on behalf of a nonprofit civic, charitable, government, or educational organization.

(2) By a vendor at a special event sponsored by the town.

NOW, THEREFORE, BE IT RESOLVED, that the Council of the Town of Luray, Virginia

does hereby adopts and ordains the Amendments to the Town Code.

Adopted this 9th day of July, 2018.

____________________________________

Barry Presgraves, Mayor

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CERTIFICATE

I certify that I am the Clerk of the Town of Luray, Virginia, and that the foregoing is a true

copy of a Resolution adopted by the Council of the Town of Luray, Virginia, on July 9, 2018, upon

the following vote:

NAME

AYE

NAY

ABSTAIN

ABSENT

Mayor Barry Presgraves1

Ronald “Ron” Vickers

Jerry Dofflemyer

Jerry Schiro

Leroy Lancaster

Joey Sours

Leah Pence

Date: July 9, 2018

[SEAL]

ATTEST: _____________________________

Mary Broyles, Clerk of Council

1 Votes only in the event of a tie.

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NOTICE is hereby given pursuant to Virginia Code § 58.1-3007 that the Luray Town Council shall hold a public hear-ing on Monday, July 9, 2018 at 7:00 p.m. in the Luray Town Council Chambers located at 45 East Main Street in the Town of Luray, Virginia.

The purpose of the hearing is to receive public comments on proposed increases to the Town’s business license tax for certain types of commercial activity.

The proposed increases are summarized as follows: • The business license tax for itinerant merchants would be set at $500.00 per year and would no longer be subject to proration. The business license tax for itinerant merchants conducting business at festivals, parades, and other special events would remain at the current rate of $25.00 per day. • The business license tax for peddlers of general merchandise and goods (excluding certain peddlers at wholesale) would be increased to $500.00 per year and would no longer be subject to proration. The business license tax for peddlers who purchase for resale family supplies of a perishable nature or which are used for heating purposes would remain at the current rate of $30.00 per year. • The business license tax for commercial solicitors would be set as follows: • $0.20 per $100.00 of retail sales or $0.05 per $100.00 of total annual sales, whichever is applicable, for commercial solicitors who (a) maintain a place of abode within town limits, (b) are “direct sellers” as defined by Virginia Code § 58.1-3719.1(B), and (c) whose total sales exceed $4,000.00 per year. Commercial solicitors who are “direct sellers” with total sales of less than $4,000 per year would not be subject to the business license tax. • $500.00 per year for all other commercial solicitors.

All interested persons may appear and present their views at the public hearing. Further information concerning the proposed increases, including copies of the textual amendments, are available at the Town of Luray Town Hall, 45 East Main Street, Luray, Virginia, between the hours of 8:00 a.m. and 5:00 p.m. from Monday through Friday, and at the Town’s website at www.townofluray.com.

TOWN OF LURAYNOTICE OF PUBLIC HEARING ON

PROPOSED BUSINESS LICENSE TAX INCREASES

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Town of Luray, Virginia Council Agenda Statement

Meeting Date: July 9, 2018

Item No: VIII - A

Agenda Item: COUNCIL CONSIDERATION

Item VIII – A – Resolution of Support – US 211/340 & Big Oak Road Intersection

Improvements

Summary: Council is requested to consider a request from the County of Page to adopt a

resolution of support for their application for a VDOT Smart Scale project for

intersection improvements at US 211/340 and Big Oak Road.

Council Review: N/A

Fiscal Impact: The County is not seeking financial support from the Town for this project

Suggested Motion: I move that Council adopt the Resolution of Support for the US 211/340 and Big Oak

Road Intersection Improvements as presented.

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Phone: 540.743.5511 ● Fax: 540.743.1486 ● www.townofluray.com

Town of Luray 45 East Main Street

P. O. Box 629

Luray, Virginia 22835

RESOLUTION

WHEREAS, the County of Page has submitted a Smart Scale application for intersection

improvements to US 211/340 and Big Oak Road to enhance public safety at this intersection; and

WHEREAS, this project is intended to evaluate options to improve public safety at this

intersection that has been subject to numerous accidents; and

WHEREAS, the Commonwealth of Virginia has adopted a project prioritization program under

the Smart Scale Program whereby transportation projects are selected for funding based upon the

cost-effectiveness of those projects to meet performance goals;

NOW, THEREFORE, BE IT RESOLVED, that the Council of the Town of Luray, Virginia

does hereby fully supports the US 211/340 and Big Oak Road Intersection Improvements Smart

Scale application by the County of Page.

Adopted this 9th day of July, 2018.

____________________________________

Barry Presgraves, Mayor

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Phone: 540.743.5511 ● Fax: 540.743.1486 ● www.townofluray.com

CERTIFICATE

I certify that I am the Clerk of the Town of Luray, Virginia, and that the foregoing is a true

copy of a Resolution adopted by the Council of the Town of Luray, Virginia, on July 9, 2018, upon

the following vote:

NAME

AYE

NAY

ABSTAIN

ABSENT

Mayor Presgraves1

Ronald “Ron” Vickers

Jerry Dofflemyer

Jerry Schiro

Leroy Lancaster

Joey Sours

Leah Pence

Date: July 9, 2018

[SEAL]

ATTEST: _____________________________

Mary Broyles, Clerk of Council

1 Votes only in the event of a tie.

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Town of Luray, Virginia Council Agenda Statement

Meeting Date: July 9, 2018

Item No: VIII - B

Agenda Item: COUNCIL CONSIDERATION

Item VIII – B – Recommendation of Appointment – Board of Zoning Appeals

Summary: Council is requested to consider a recommendation of Rose Anne Smythe and

Michael Swenson to the Judge of Page County Circuit Court for a re-appointment to

the Town of Luray Board of Zoning Appeals (BZA) to fill a five year term ending

June 30, 2023.

Council Review: N/A

Fiscal Impact: N/A

Suggested Motion: I move that Council recommend Rose Anne Smythe and Michael Swenson to the

Judge of Page County Circuit Court for re-appointment to the Town of Luray Board

of Zoning Appeals to fill a five-year term ending June 30, 2023.

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Town of Luray, Virginia Council Agenda Statement

Meeting Date: July 9, 2018

Item No: VIII - D

Agenda Item: COUNCIL CONSIDERATION

Item VIII – D – Resolution of Application – USDA Rural Development – Sewer

Improvements Financing

Summary: Council is requested to consider a Resolution authorizing staff to submit an

application to the United States Department of Agriculture, Rural Development to

finance approximately $3,399,000 of sanitary sewer system improvements with total

estimated financing cost to be about $4,420,000. The Resolution would authorize

the Town Manager, Assistant Town Manager, and Town Treasurer to execute

documents related to the application

Council Review: Discussion at February 12, 2018 Council Meeting; June 27, 2018 Work Session

Fiscal Impact: Staff anticipate the debt service payment to require an average increase of $5.00 per

month per user. Staff will work with Town Council to develop the details over the

next few years.

Suggested Motion: I move that Council adopt the Resolution of Application for sanitary sewer

improvements as presented.

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Phone: 540.743.5511 ● Fax: 540.743.1486 ● www.townofluray.com

Town of Luray 45 East Main Street

P. O. Box 629

Luray, Virginia 22835

RESOLUTION

WHEREAS, the Town of Luray has identified approximately $3,399,000 of sanitary sewer

improvement at the Wastewater Treatment Plant and within our collection system; and

WHEREAS, this United States Department of Agriculture (USDA), Rural Development has a

financing program available to the Town to finance said improvement over forty (40) years at an

estimated 3.125% interest rate that would require the Town to execute a Revenue Bond; and

WHEREAS, the application for this financing solution appears to be in the best interest of the

Town’s sanitary sewer customers;

NOW, THEREFORE, BE IT RESOLVED, that the Council of the Town of Luray, Virginia

does hereby adopts this Resolution of Application to apply for financial assistance with the United

States Department of Agriculture, Rural Development to finance sanitary sewer improvements

along with the administration and processing costs of approximately $4,420,000.

AND BE IT FURTHER RESOLVED, that the Council of the Town of Luray, Virginia does

authorize the Town Manager, Assistant Town Manager, and Town Treasurer to sign all documents

relating to the USDA Rural Development loan.

AND BE IT FURTHER RESOLVED, that the Council of the Town of Luray, Virginia is

committed to adjusting sewer rates to the level necessary to generate the required revenue for the

debt service and maintenance costs for these improvements.

Adopted this 9th day of July, 2018.

____________________________________

Barry Presgraves, Mayor

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Phone: 540.743.5511 ● Fax: 540.743.1486 ● www.townofluray.com

CERTIFICATE

I certify that I am the Clerk of the Town of Luray, Virginia, and that the foregoing is a true

copy of a Resolution adopted by the Council of the Town of Luray, Virginia, on July 9, 2018, upon

the following vote:

NAME

AYE

NAY

ABSTAIN

ABSENT

Mayor Presgraves1

Ronald “Ron” Vickers

Jerry Dofflemyer

Jerry Schiro

Leroy Lancaster

Joey Sours

Leah Pence

Date: July 9, 2018

[SEAL]

ATTEST: _____________________________

Mary Broyles, Clerk of Council

1 Votes only in the event of a tie.

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TOWN OF LURAYSEWER SYSTEM IMPROVEMENTS PROJECTPRELIMINARY PROBABLE CONSTRUCTION COSTALTERNATIVE # 1

Thrasher Project # 101-020-1566

January 2018

DESCRIPTION TOTAL COST

Bonds, Insurance, Bid Costs 1 LS@ $20,000.00 /LS $20,000.00Mobilization/Demobilization 1 LS@ $50,000.00 /LS $50,000.00Video Taping of Project Area 1 LS@ $5,000.00 /LS $5,000.00Sediment and Erosion Control 1 LS@ $5,000.00 /LS $5,000.00Site Work 1 LS@ $50,000.00 /LS $50,000.00Septage Receiving Station

Septage Receiving Station Equipment 1 LS@ $230,000.00 /LS $230,000.00Billing System Software 1 LS@ $20,000.00 /LS $20,000.00Miscellaneous Piping 1 LS@ $7,500.00 /LS $7,500.00Tie-In to Existing Sanitary System 1 LS@ $5,000.00 /LS $5,000.00Concrete Pad and Curb 1 LS@ $12,500.00 /LS $12,500.00Self-Dumping Screenings Bin 1 LS@ $32,500.00 /LS $32,500.00Electrical and MCC Modifications 1 LS@ $20,000.00 /LS $20,000.00

Influent Station ImprovementsInfluent Vertical Screen Equipment 1 LS@ $131,000.00 /LS $131,000.00Electrical Installation 1 LS@ $2,500.00 /LS $2,500.00

Oxidation Ditch Jet PumpsPump Smart VFD w/Internal Flow Meter 5 EA @ $6,750.00 /EA $33,750.00Installation of Replacement Ductile Iron Impeller 5 EA @ $4,250.00 /EA $21,250.00Equipment Installation & Electrical Installation 1 LS@ $5,000.00 /LS $5,000.00

$651,000.00

Bonds, Insurance, Bid Costs 1 LS@ $58,000.00 /LS $58,000.00Mobilization/Demobilization 1 LS@ $15,000.00 /LS $15,000.00Videotaping of Project Area 1 LS@ $5,000.00 /LS $5,000.00Dry Run Creek 1,260 LF@ $199.00 /LF $250,740.00Stoney Brook Lane Collector Main 1,455 LF@ $184.00 /LF $267,720.00Wallace Pump Station Rehabilitation 595 LF@ $215.00 /LF $127,925.00

Pump Station Rehabilitation 1 LS@ $140,000.00 /LS $140,000.00East Main to Phase 1 Connector 1,975 LF@ $212.00 /LF $418,700.00New Dry Run Main 2,080 LF@ $183.00 /LF $380,640.00

Pump Station Rehabilitation 1 LS@ $175,000.00 /LS $175,000.00Dry Run Pump Station to Power Line (Forcemain) 2,430 LF@ $97.00 /LF $235,700.00Dry Run to Hawksbill Creek (Forcemain & Gravity) 3,430 LF@ $140.00 /LF $480,200.00Dry Run to Hawksbill Creek (Forcemain) 3,430 LF@ $114.00 /LF $391,000.00

$2,945,625.00

$3,596,625.00Construction Sub-Total $359,662.50

Construction Contingency @ ±10%

$3,956,287.50CONSTRUCTION SUB-TOTAL

$3,957,000.00

QUANTITY UNIT PRICE

Sub Total

Sub Total

SAY

Collection System Improvements

Existing Wastewater Treatment Plant Upgrades

16

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TOWN OF LURAY SEWER SYSTEM IMPROVEMENTS PROJECT

PRELIMINARY PROBABLE CONSTRUCTION COST Alternative #1

PROJECT COST SUMMARY

Construction Land & Rights Bond Counsel Legal Services Engineering

Basic/Construction Admin Inspection Additional Services

Interest Contingencies

Total Project Cost

$3,399,000 10,000 10,000 15,000

305,000 150,000 21,000

170,100 339,900

$4,420,000

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Town of Luray, Virginia Council Agenda Statement

Meeting Date: July 9, 2018

Item No: XI - A

Agenda Item: COUNCIL DISCUSSION

Item XI-A – Assemblies & Special Event Permits

Summary: Council is requested to discuss the draft Assemblies/Special Event Permit and new

Town Code Section 74-22 to establish new regulations and process for the use of

Town Right-of-Way, parks, or public lands for events, assemblies, parades, or other

special events. This process would replace our current Facilities Use Application.

The Code and permit application would specify the regulations by which requests

for use of Town property and Right-of-Way can be requested, as well as specify

acceptable actions and activities.

Council Review: Discussion at June 27, 2018 Work Session

Fiscal Impact: N/A

Suggested Motion: N/A

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CHAPTER 74

ARTICLE V – PUBLIC ASSEMBLIES/SPECIAL EVENTS

Sec. 74-120. - Definitions.

“Event” means a Parade or Public Assembly.

“Parade” means any march, demonstration, procession, or motorcade upon Public Space that interferes with or

presents a Significant Probability of interfering with the normal flow or regulation of pedestrian or vehicular

traffic upon Public Space.

“Public Assembly” means any meeting, demonstration, speechmaking, vigil, picket line, rally, carnival, festival,

concert, race, presentation, pageant, sporting event, or other gathering for a common purpose as a result of prior

planning that interferes with or presents a Significant Probability of interfering with (a) the normal flow or

regulation of pedestrian or vehicular traffic upon Public Space, or (b) the normal use of any Public Space.

“Public Space” means any street, sidewalk, or any other property of the Town which is open to the public.

“Significant Probability” means a determination that something is more likely than not to occur based upon facts

and circumstances revealed by a reasonable inquiry.

“Sponsor” means the individual(s) who sign, or whose authorized representative(s) sign, an application for an

Event permit and who will be responsible under the permit, if issued, for ensuring that the Event will be conducted

in accordance with these regulations.

“Spontaneous Event” means an unplanned and unannounced coming together of people or vehicles in an Event

which was not contemplated beforehand by any participant therein.

Sec. 74-121. - Permit Requirement.

Except as provided in Sec. 74-122, it shall be unlawful for any person to conduct or participate in an Event on

Public Space unless a written permit is first issued in accordance with this chapter. Outdoor events on private

property shall also obtain a written permit if the event involves more than twenty-five (25) persons.

Sec. 74-122. - Exceptions.

The provisions of this chapter shall not apply to:

(a) Events involving less than twenty-five (25) persons provided the Event does not interfere with or

present a Significant Probability of interfering with:

(1) the normal flow or regulation of pedestrian or vehicular traffic upon Public Space;

(2) the normal use of any Public Space; and

(3) public safety.

(b) Indoor Events that do not involve the use of Public Space.

(c) Spontaneous Events.

(d) Recreational activities, including jogging, walking, and sporting events, and the reservation of a shelter,

field, or other facility at a Luray park, which do not require closing public streets or other public rights-

of-way and do not interfere or have a tendency to interfere with free passage on or the use of any Public

Space.

Commented [J1]: It’s important to define public space and limit

these provisions to activities that use public space.

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(e) Door-to-door advocacy, including canvassing, pamphleteering, religious or political proselytizing, and

the distribution of written materials, and similar activities which do not interfere with or have a

tendency to interfere with free passage on or the use of Public Space.

(f) Funeral processions.

(g) Students going to and from school classes or participating in school-sponsored activities.

(h) Governmental entities acting within the scope of their functions.

(i) Events organized and sponsored, in whole or in part, by the Town of Luray, County of Page, Page

County Public Schools, or the Commonwealth of Virginia.

(j) Construction activities otherwise permitted by the Town of Luray, County of Page, Page County Public

Schools, or the Commonwealth of Virginia.

Sec. 74-123. - Application for Permit.

(a) Time for filing. The Sponsor for any Event for which a permit is required shall submit an application

to the Chief of Police (the “Chief”). If the estimated number of persons who will participate in an Event

is twenty-five (25) or less, the application shall be submitted not less than five (5) days prior to the

Event. An application for an Event involving more than twenty-five (25) attendees shall be filed at

least ten (10) days before the Event. The Chief may accept a late filing upon a determination that

unforeseeable circumstances prevented the applicant from filing the application in a timely manner.

(b) Contents. The application shall contain the following information, utilizing a form provided by the

Town:

(1) The name, address, telephone number, and email address of the Sponsor and any organization

or group the Sponsor is representing.

(2) The name, address, telephone number, and email address of the person who will act as the Event

leader and will be responsible for conducting the Event.

(3) A description of the proposed activities during the Event;

(4) The date, starting time, and ending time of the Event, and if the application is for a recurring

series of Events, the dates starting times, and ending times of each.

(5) If the Event is a Public Assembly, the specific desired location(s) of the assembly.

(6) If the Event is a Parade, the specific assembly and dispersal locations, the specific route, and

the plans for assembly and dispersal.

(7) The anticipated number of people who will participate in the Event and, for Parades, the number

of vehicles and a description thereof.

(8) A statement as to whether the Event will occupy all or a portion of any street, sidewalk, or other

public right-of-way.

(9) A description of any sound amplification equipment, banners, signs, or other attention-getting

devices to be used in the Event.

(10) Such other information that the Chief deems reasonably necessary to properly provide for traffic

control, street and property maintenance, administrative arrangements, police and fire

protection, and for the general protection of public health, safety and welfare.

Sec. 74-124. - Issuance or Denial of Permit.

Event permits shall be issued or denied as follows:

Commented [J2]: I recommend the Chief as the initial point of

contact for several reasons: (1) the Chief is probably the best

equipped to make the necessary safety determinations; (2) Event

Sponsors may be more diligent since a police officer is involved; (3)

it gives the Chief familiarity with the Event that could be helpful in

enforcement; and (4) it allows for an administrative appeal to the

Town Manager for denials.

Commented [J3]: Restraints on the use of public forums must be

reasonable and narrowly tailored to a significant governmental

interest. I believe the 14 and 60 day requirements are too onerous

and recommend these shorter timeframes.

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(a) Denial for false information. The Chief shall not issue a permit if any of the information supplied by

an applicant is false or intentionally misleading.

(b) Approval. The Chief shall issue the permit with three (3) days of receiving the completed application

if the application and Event comply with the requirements of this chapter and the Chief finds that:

(1) The Event does not pose a significant risk of harm to public health, safety, and welfare;

(2) The time, duration, route, and size of the Event will not unreasonably interrupt the safe and

orderly movement of vehicular or pedestrian traffic on Public Space or the normal use of Public

Space;

(3) The Event will not unduly interfere with police, fire, or rescue services to the remainder of the

Town either by requiring the presence of such first responders or by slowing their travel to

locations across Town;

(4) The Event will not interfere with another Event for which a permit has been granted; and

(5) The Event will not violate state, federal or federal law.

(c) Denial. If the Chief denies an application after considering the factors set forth in Section 74-124(b),

the applicant shall be notified using such means as are available to provide notice as soon as possible.

The Chief shall advise the applicant of their right to appeal the decision under Sec. 74-125. Nothing in

this section shall permit the Chief to deny a permit based upon political, social, or religious grounds or

reasons or based upon the content of the views expressed. Denial of a permit on such grounds is

prohibited.

(d) Approval of Alternate. The Chief, in denying a permit for an Event, may authorize the Event on an

alternate date or time, or at an alternate location. An applicant desiring to accept an alternate permit

shall file a written notice of acceptance with the Chief.

Sec. 74-125. - Appeal.

Any person aggrieved by the refusal of the Chief to grant a permit, or by the revocation of a permit after one has

been issued, may appeal the denial or revocation to the Town Manager by filing a written notice of the appeal

setting forth the grounds thereof. Any such appeal must be received within five (5) days after the date of the

decision giving rise to the appeal. The Town Manager shall act upon the appeal within five (5) business days

after its receipt.

Sec. 74-126. - Excluded Areas.

No Event may take place that will require traffic to be stopped on Main Street (BUS-211) for a period of more

than ten minutes during weekdays between 6:00 am and 7:00 pm, excluding the regular stoppage of traffic as a

result of existing traffic signal devices. The Chief may include reasonable conditions as part of any permit issued

for an Event that will involve persons walking on Main Street to ensure that traffic is not stopped for a period of

more than ten minutes.

Sec. 74-127. - Competing or Opposing Groups.

Nothing in this section prevents persons or groups opposing or competing with the Sponsor of a permitted Event

(“Opponents”) from appearing at the Event, provided Opponents (a) do not unreasonably interfere with the

operation of the permitted event, or (b) unreasonably interrupt the safe and orderly movement of vehicular or

pedestrian traffic on Public Space or the normal use of Public Space.

The Sponsor for the Opponents shall make a written application to the Chief as soon as reasonably practicable

upon forming the intent to appear at an Event. If submitting a written application is not reasonably practicable,

the Sponsor for the Opponents must provide notice to the Chief as soon as they form the intent to appear at an

Commented [J4]: Appeal to Town Council may not always be

feasible given the short time period required for a decision.

Commented [J5]: This is an optional section to include if there

are areas the Town wants to categorically exclude.

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Event. Without such notice, the Opponents may be denied permission to assemble because the Town may not be

able to adequately secure the Event. When Opponents are present, the Chief may assign Public Space to different

groups on an equitable basis, based roughly on the proportionate numbers of persons present. The Chief may

also physically separate Opponents from differing groups from one another in order to promote public safety.

Sec. 74-128. - Prohibited Conduct

(a) Interference with Event. No person shall unreasonably hamper, obstruct, impede, or interfere with any

Event or with any person, vehicle or animal participating or used in an Event for which a written permit

has been issued.

(b) Driving through Parades, etc. No driver of a vehicle shall drive between the vehicles, persons or

displays of an Event except when otherwise directed by a police officer. This paragraph shall not apply

to authorized emergency vehicles.

(c) Provocative Conduct. No person shall do any of the following at an Event or within 250 yards thereof:

(1) Carry bats, clubs, or similar items;

(2) Wear masks as prohibited by Virginia Code, § 18.2-422;

(3) Carry chemical irritant sprays or caustic substances;

(4) Carry shields;

(5) Carry any open flames other than candles;

(6) Wear a helmet (unless riding a motorcycle, bicycle, or similar device), or

(7) Carry any item that can be used as a projectile or is designed to cause significant bodily harm.

It is permissible to carry written or printed placards, signs, flags, banners, etc., but such items

shall not be attached to poles or rods.

The Sponsor shall disclose in the application whether the Sponsor requests permission for a prohibited

item to be used during a demonstration due to its expressive or symbolic quality relevant to the subject

matter of the demonstration, including without limitation symbolic weapons, open flames or other

similar items. If a permit includes the right to carry or display a prohibited item, such item must be

carried or displayed in strict accordance with the terms of the permit and must otherwise at all times

conform to applicable law.

(d) Site Specific Requirements

(1) Hawksbill Greenway

No Special Event Permit shall close or restrict public access to the Greenway.

No sales, food distribution, or distribution of flyer/information within twenty-five (25) feet of the

Greenway. Exception to this requirement can be by issued Special Event permits for Ruffner Plaza, Park

& Ride Lot, and Shenandoah Valley Electric Cooperative remote parking lot and adjacent lot.

(2) Ruffner Plaza

Special Events Permits shall be for community events only

(3) Public Sidewalks

No Special Event Permit shall restrict public access along public sidewalks.

Sec. 74-129. - Powers of the Chief.

In addition to all other powers of the Chief under applicable law, the Chief may:

(a) Order the dispersal of one or more persons who are violating this chapter.

(b) Order the dispersal of any gathering which violates this chapter or for which there is a probability of

violence, injuries to people, or property damage.

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(c) Revoke any permit issued under this section whenever there is a probability of violence, injuries to

people, or property damage.

(d) Make temporary regulations for parking or traffic on Public Space to accommodate an Event or

minimize the risk of personal injury or property damage.

(e) Close any Public Space when an Event or other gathering presents a probability of personal injury or

property damage.

Sec. 74-130. - Violations.

Any violation of this chapter shall constitute a Class 3 misdemeanor.

Sec. 74-131. - Delegation.

The Chief is authorized to act as follows with respect to any Event:

(a) If requested by the Page County Sheriff, the Chief may cede to the Sheriff all control of the permitting

process and event scene, thereby delegating to the Sheriff all authority vested by this section.

(b) If requested by state or federal authorities acting within their jurisdiction, the Chief shall cede to the

requesting party all control of the permitting process and event scene, thereby delegating to the

requesting party all authority vested by this section.

(c) At any time, the Chief may act through such other officers of the Luray Police Department as he or she

may designate.

Sec. 74-132. - Indemnity.

The Sponsor of an Event for which a permit is required shall be required to indemnify and hold harmless the

Town, its officials, employees and agents from any personal injury, death and property damage, and any other

loss, cost and/or damage occurring as a result of the actions or inactions of an Event’s Sponsor, or the Sponsor’s

failure to comply with these regulations. In no event shall the Town have the duty to indemnify any third party.

Sec. 74-133. - Insurance.

If the approximate number of people who will participate in an Event is more than 50, the Sponsor of an Event

shall furnish a general liability and property damage insurance contract insuring the Sponsor’s liability for

personal injury, death and property damage resulting from its use of Public Space. The required general liability

and property damage insurance shall be provided in an amount not less than $1,000,000, and the insurance policy

shall name the Town (including is officers, officials, employees and agents) as an additional insured party to the

insurance contract. Failure to provide required insurance, and reasonable documentation of the insurance, will

be grounds for denial and/or revocation of a permit. Prior to commencement of the Event, the Sponsor must

provide the Town with an insurance certificate that verifies the insurance coverage required by these regulations.

In no event shall the Town have the duty to provide insurance to or on behalf of any third party.

The Chief may waive the insurance requirement, in whole or in part, for Events which do not (a) pose a high level

of liability risk to the Town or a material risk to public safety; and (b) do not involve any inherently dangerous

activity. A written request to waive or modify any insurance requirement must be made by the Sponsor at the

time a permit application is submitted. An approval or denial of the request will be made in writing to the Sponsor.

Sec. 74-134. - Fees and charges.

The Sponsor shall submit an application fee to the Town, and, if additional police personnel are necessary to

ensure that the Event does not endanger public health, safety, and welfare or disrupt the orderly flow of pedestrian

and vehicular traffic, the Sponsor shall pay police personnel charges to the Town. Such fees and charges are

payable in the amounts and at the times set forth in Appendix A to this chapter.

Commented [J6]: Provisions regarding insurance, fees, and

costs must include content-neutral standards under which those

items are assessed. In addition, they must also include content-

neutral exceptions for groups who cannot afford to pay.

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The fees and charges due hereunder shall be waived, in whole or in part, if the Sponsor claims a bona fide financial

hardship in the application and demonstrates by reasonable evidence that such fees and charges would render the

Sponsor not reasonably able to conduct the Event. A bona fide financial hardship shall be deemed to exist if the

fees and charges herein exceed (a) ten percent (10%) of the Sponsor’s annual income, and (b) ten percent (10%)

of the Sponsor’s gross assets. In such cases, the Town Manager shall waive payment of the fees and charges to

the extent necessary to enable the Sponsor to conduct the Event.

Sec. 74-135. - Compliance with other laws.

Events must comply with all applicable federal, state and local laws. The granting of a permit required by this

chapter shall not eliminate any requirements for a business license or other permit and licenses which may be

required under federal, state or local law.

Sec. 74-136. - Severability.

If any portion of this chapter is for any reason held to be invalid by a court of competent jurisdiction, such decision

shall not affect the remaining portions of this chapter and such invalid provisions or portions thereof shall be

severable.

Appendix A

1. Permit Application Fee

Amount: $--.00, nonrefundable.

When Payable: With application

2. Police Personnel Charge, Initial

Amount: $40.00 per officer per hour

Event Size Additional Officers Required

Less than 20 persons 0

20-30 persons 1

31-40 persons 2

41-50 persons 3

Greater than 50 persons 4

When Payable: With application (refundable upon cancellation at least 24 hours prior to Event)

3. Police Personnel Charge, Supplemental

Amount: To the extent that additional charges are incurred for police personnel in excess of the Initial Police

Personnel Charge (the “Supplemental Police Personnel Charge”), the Sponsor shall pay the greater of:

(i) $--.00 per hour per additional officer required to be present at the Event as deemed necessary by

the Chief based on the approximate number of people estimated to participate in the Event or the

actual number of people who participate in the Event

(ii) the established hourly wage for overtime work, for each of the particular officer(s) willing and

available to cover the Event as deemed necessary by the Chief based on the approximate number

of people estimated to participate in the Event or the actual number of people who participate in the

Event

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If the Initial Police Personnel Charge is in excess of the charges incurred, the Sponsor will receive a refund

in the amount of the difference.

When Payable: Within thirty (30) days from the date of an invoice mailed by the Chief to the Sponsor at the

address set forth on the application.

4. Road Closure Charge

Amount: $100.00 per road, non-refundable

When Payable: With application

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SPECIAL EVENT PERMIT APPLICATION

Terms of Agreement

Town of Luray

45 E. Main Street

Luray, VA 22835

540-743-5343

Application must be submitted not less than five (5) days prior to the date of the proposed activity.

Activities involving more than 25 persons must be submitted at least ten (10) days prior to proposed

assembly or special event.

Title of Event:_________________________________________________________________________

Detailed description of Proposed Activity:__________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Date of Event: ____________________________________Start Time: ________ Stop Time:__________

Name of Organization if Applicable:_______________________________________________________

Contact Person:__________________________________ Telephone:____________________________

Address:______________________________________________________________________________

E-mail address, we may contact you regarding this application: ________________________________

Number of Participants: __________ Requested Location of Activity or Event: ____________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Will food be served? If yes, please refer to terms of agreement for rules and regulations. Yes___ No___

Will Music be played? If yes, please refer to terms of agreement for rules and regulations. Yes___ No___

Describe plans for garbage and litter cleanup during and after the event:

____________________________________________________________________________________

____________________________________________________________________________________

_____________________________________________________________________________________

By signing this document, you agree to abide by all rules, terms of agreement, and conditions for holding

a special event at our of our Town of Luray properties.

Date: ____________________________ Signature: ___________________________________________

Title: ____________________________________

Please complete the application and return to: Luray Town Office Attn: Luray Chief of Police

45 East Main Street, Luray, Virginia 22835 or fax: 540-743-7334 or email: [email protected]

Administrative Use ONLY: Fees due: $_______ Fees Waived: $_______ Date fees paid: ______

Indemnification/Release Executed ____ Certificate of Insurance provided _____

Approval by Parks Director: ____________________________ Date: ______________________

Approval by Chief of Police: ____________________________ Date: ______________________

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Town of Luray Special Event Permit

Terms of Agreement

Town of Luray

45 E. Main Street

Luray, VA 22835

540-743-5511

General

- A Special Use Application is required to request use of any piece of town property for an event with detail

of the event to include summary, number of guests, décor, inclusion of food or music, and clean-up plan.

- Special Event Application must be approved to proceed.

- The Town of Luray and its employees will not be held responsible for any and all acts or omissions by

guests or participants.

- Failure to comply with permit conditions may result in cancellation of reservation.

- Parks hours are from sunrise to sunset. Park gates close at sunset.

- There will be no setting up the evening before your event. The Town of Luray will not be held responsible

for stolen items or damaged goods.

- All personal items must be removed by the closing of the park, sunset.

- The earliest you may have access to our facilities is sunrise, when the gates open to the public.

- Renters are allowed to put up signs directing family and friends to event shelter, but they must not be

attached to trees, park signs, or other structures and must be removed prior to departure.

- The event guests may enjoy non-exclusive use of other facilities in the Park.

- Rental of any of our facilities for an event will be denied by Park Management if the event is deemed to

prohibit use of the park by other visitors.

- Damage or theft of park property during event or associated with the event will be the responsibility of

the group representative. Cost associated with any repair or replacement will be charged to the group

contact/representative.

- Parking lots and are to only be used for parking, not camping.

- Littering on park property will NOT be tolerated. All associated trash must be cleaned up prior to sunset,

when the park gates close.

Outdoor Venue Locations

- Lake Arrowhead

- Ralph H Dean Recreation Park

- Ruffner Plaza

- Park & Ride Lot

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Town of Luray Special Event Permit

Outdoor Venue Rental Rules & Regulations

- Public display or use of alcoholic beverages on any and all town property is strictly prohibited.

- Luray Police Department will be patrolling during all events.

- All decorations at outdoor venues must be confined to rented area and must be removed promptly after

event. All décor must be removed before sunset.

- Decorations shall not damage any of the town structures.

- Music and all noise shall be kept at a reasonable level. Music shall be cut off at no later than 9pm or

sunset, when gates close. Be respectful to the public visiting Lake Arrowhead, as well as the surrounding

neighbors.

- The placement of any tents or inflatables must be detailed in your permit application and approved PRIOR

to the event by park management.

- Portable toilets may be required in the event anticipated guests are expected to exceed the limits and

max capacity of our park restrooms.

- Restrooms are available to the public for guests convenience, but are not limited to just event guests and

attendees.

- Outdoor venues are open to the public and Park Management cannot control the public noise level

associated with the use of those facilities.

- At Lake Arrowhead, swimming is NOT permitted outside of the hours of 11am-6pm Monday – Saturday,

or 12pm-6pm on Sunday, Memorial Day through mid-August.

- Renters are responsible for all additional chairs and tables they may need.

- No candles or open flames will be permitted for events in/under the shelters.

- Paint, glitter, confetti, or glue may not be used while using our facility.

- Birdseed must be thrown in lieu of confetti, balloons, glitter, or rice for events.

- Do not move/remove any picnic tables or chairs from the shelters without prior approval from Park

Management officials.

- The release of balloons, birds, insects, or any other wildlife related animal is prohibited.

- Those who rent the shelters are expected to maintain cleanliness and leave it in better condition than you

found it. If used areas are left unclean, $100 deposit will not be returned.

Reservation and Cancellation Policy

- Reservations can be made by calling the Luray Town Office at (540)743-5511.

- Reservation must be paid in full to reserve property upon approval of Facilities Usage Form.

- No refunds will be issued for cancellations.

Fees

Lake Arrowhead:

- Lions Shelter (large, approx. 100 persons) $45

- Ruritan Shelter(large, approx. 100 persons) $45

- Town of Luray Shelter (medium, approx. 50 persons) $40

- Sorority Shelter (small, approx. 30 persons) $35

- FFA Shelter (medium, approx. 50 persons) $40

- Modern Woodmen Shelter (large, approx. 100 persons) $45

- $100 cleaning deposit must be made upon approval of Special Event Permit. If shelters and surrounding

areas are left unclean, deposit will not be returned.

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Town of Luray Special Event Permit

For more questions regarding special events to be held at Lake Arrowhead or Ralph H. Dean Recreation Park,

please call Park Management at 540-843-0770.

The terms of this agreement shall be deemed to be an acceptance and agreement by you, and on behalf of all

other persons using this facility, to be bound by all terms and conditions listed above.

Signature: _____________________________ Print Name: __________________________________

Date: _________________________________ Phone Number: _______________________________