September 12, 2006
MINUTES OF THE BROOKNEAL TOWN COUNCIL

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

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

Phyllis Campbell, Mayor

James Nowlin, Vice Mayor

Meg Tibbs, Kenneth Jennings, Tracy Meisenbach, Richard Adams, and Stacey Hailey, Council Members

Laurie C. Francis, Clerk/Treasurer

Mike Crews, Public Works Director

Ricky Cousins, Police Chief

INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG

PUBLIC HEARING REGARDING GENERAL OBLIGATION BOND

7:04 p.m. - Mayor Campbell called to order the public hearing regarding a resolution authorizing the issuance, sale and award of a $52,600.00 community facility general obligation bond, series 2006 and providing for the form, details and payment thereof. Mayor Campbell asked for comments for and against the grant. One person spoke in favor of the grant stating that the operator of the backhoe should be allowed to personally assist in the purchase of said backhoe. Being no further comments, Mayor Campbell declared the public hearing closed at 7:05 p.m.

PUBLIC HEARING REGARDING PASSAGE OF AN UNCODIFIED ORDINANCE IMPLEMENTING CHANGES TO THE TOWN VEHICLE LICENSES AND SETTING TRASITIONAL PROVISIONS.

7:06 p.m. – Mayor Campbell called to order the public hearing regarding the passage of an uncodified ordinance to the Brookneal Town Code, the effect of which will be to provide a procedure for implementing changes to the town vehicle licenses and the setting of transitional provisions effective for the 2007 license year only. Mayor Campbell asked for comments for and against the proposed ordinance and 2007 transitional provisions. Mayor Campbell fielded several questions from the audience regarding specifics of the ordinance and the cost to the town. With no further comments, Mayor Campbell declared the public hearing closed at 7:07 p.m.

7:07 p.m. – Mayor Campbell declared the Brookneal Town Council to be back in regular session.

APPROVAL OF AGENDA

Upon motion by Kenneth Jennings, seconded by Richard Adams and unanimously carried, Council approved the agenda for the September 12, 2006, regular meeting of the Brookneal Town Council with the following changes:

Add: 1) Attorney invoice totaling $1,222.75 2) Request from Fire Department to transfer ownership of Fire Department vehicles out of the Town’s name

MINUTES

Upon motion by James Nowlin, seconded by Stacey Hailey and unanimously carried, Council approved the August 8, 2006 Town Council minutes.

· TREASURER’S REPORT

The Treasurer’s report was filed for audit.

PRESENTATION AND APPROVAL OF INVOICES

Be it resolved that motion was made by James Nowlin, seconded by Stacey Hailey and unanimously carried, authorizing the payment of the invoices for the period of August 8, 2006 to September 11, 2006 in the amount of $17,029.84.

PUBLIC COMMENT

George Clark, of Terry Road, appeared before council with information he had gathered from various localities in West Virginia regarding leash laws and pro and cons stemming from them. Mr. Clark stated that on the pro side, it was safer for the dogs as they were not running lose and therefore could not get run over by cars. On the con side, he also noted that if you have to tie the dog up, there will be problems with the grass not growing where the dog is tied. Furthermore there is the potential that if the dog gets lose with a chain or leash around its neck, there is the potential for the dog hanging itself. Mr. Clark went on to say that dogs that are tied up run a greater risk of getting skin diseases from the dirt and from their bedding if it’s not changed often enough. He added that children will still play with the dog and said that there were documented cases of the children contracting skin diseases as well from that association with the dog. Mr. Clark said that the number one problem, he found, in doing his research was that when the dogs were tied up they made a lot of noise.

Mr. Ken Silby, of Lynchburg Avenue, spoke to council telling them that there were still dogs that were running loose and getting on his property. Mr. Silby did add that Mr. Clark had been doing his part to try to control his dog and keep it from coming on Mr. Silby’s property. Mr. Silby added that he still would encourage the town to consider some type of containment law for dogs within the town limits.

James Smith, an employee of the Town of Brookneal, requested that council keep the employees in the shop better informed of what was going on noting that they never received any information and said that he was still wondering if the town council was planning on doing anything for them.

PUBLIC WORKS REPORT

Mike Crews, Public Works Director, updated council on the status of the CDBG project located on Claytor and Maddox streets. Mr. Crews announced that the Union Star would be celebrating its’ 100^th anniversary on October 27, 2006 the Town Council and staff were invited to attend their open house from 4:00 – 6:00 p.m.

PTO REQUEST FOR USE OF THE BALL PARK FOR FUND RAISER

Upon motion by Kenneth Jennings, seconded by Tracy Meisenbach, and unanimously carried council voted to grant the Brookneal Elementary School and its PTO permission to use the Brookneal Recreation Park (Ball Park) for a Children’s Day in the Park fund raiser.

BOND RESOLUTION FOR USDA GRANT

Having met all requirements of public notice, motion was made by Meg Tibbs to adopt a resolution authorizing the issuance, sale and award of a $52,600.00 Community Facility General Obligation Bond for the community building and backhoe. The motion received a second from Tracy Meisenbach. Mayor Campbell called for a voice vote as follows:

Mr. Hailey Aye Mr. Adams Aye Ms. Tibbs Aye

Mr. Nowlin Aye Mr. Jennings Aye Ms. Meisenbach Aye

With all in favor, the motion carried adopting the following resolution:

A RESOLUTION AUTHORIZING THE ISSUANCE, SALE AND AWARD OF A $52,600.00 COMMUNITY FACILITY GENERAL OBLIGATION BOND, SERIES 2006 AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF

WHEREAS, the Town of Brookneal (the “Town”), is a public body politic and corporate of the Commonwealth of Virginia duly created by Charter under Ch. 420 of the Acts of Assembly of 1964, approved March 31, 1964, (the “Charter”) which Act repealed Ch. 60 of the Acts of Assembly of 1908, under which Act the Town had originally been established; and

WHEREAS, the United States of America acting through the Rural Housing Service (the “Government”), has offered to purchase the Town’s $52,600.00 Community Facility General Obligation Bond, Series 2006 upon certain terms and conditions as set forth in the letter dated August 10, 2005 and made a part of this Resolution, and bearing interest at the rate of 4.125%, and the Town, after mature consideration of the condition of the municipal bond market and other methods of selling its bonds, has determined to satisfy such terms and conditions and award the bond to the Government:

BE IT RESOLVED BY TOWN COUNCIL OF THE TOWN OF BROOKNEAL, VIRGINIA:

ARTICLE 1)

DEFINITIONS

Section a) Definitions: Whenever used in this resolution, unless a different meaning clearly appears from the context:

i) "Act" shall mean the Virginia Public Finance Act (Chapter 5.1, Title 15.1, Code of Virginia of 1950, as amended).

ii) "Closing Date" shall mean the date on which the Bond is delivered to the Government upon payment of the purchase price therefor.

iii) "Government" shall mean the United States of America, acting through Rural Housing Service, its successors and assigns.

iv) "Bond" shall mean the Town's $52,600.00 Community Facility General Obligation Bond, Series 2006 issued pursuant to Article 3, notwithstanding its series designation which may be changed pursuant to Section 9.7 prior to its issuance.

v) "Project" shall mean police vests, a backhoe and improvements to the Town community building.

ARTICLE 2)

AUTHORIZATION OF PROJECT

Section a) The Project: In order to improve facilities and equipment serving the citizens of the Town, the acquisition and construction of the Project was authorized by Resolution of the Town Council dated March 14, 2006.

Section b) Modification of Project: The Project may be modified by the Town; provided, however, that any such modification shall have been approved by the Government.

ARTICLE 3)

AUTHORIZATION, FORM, EXECUTION, DELIVERY,

REGISTRATION AND PREPAYMENT OF BOND

Section a) Authorization of Bond: There is hereby authorized to be issued a general obligation bond of the Town in the principal amount of $52,600.00 to provide funds to finance the Project. The Bond shall be designated “Town of Brookneal, Virginia $52,600.00 Community Facility General Obligation Bond, Series 2006.”

Section b) Details of Bond: The Bond shall be issued as a single fully registered bond without coupons in the denomination of $52,600.00, registered in the name of United States of America, Rural Housing Service, shall be numbered R-1, shall be dated the Closing Date, shall bear interest at the rate of four and one-eighth percent (4.125%) per year, and shall provide for payment of combined principal and interest of $3,914.00 beginning one year following the Closing Date and continuing each year thereafter for a period of 19 years until paid. If not sooner paid, the final installment shall be due and payable 20 years from the Closing Date. The payment of every installment shall be applied first to interest accrued to the payment date and then to principal. In the event the Closing Date occurs on the 29th, 30th or 31st day of a month, the installment payment date shall be the 28th day of the month.

The Bond shall be delivered as a fully registered bond in the form substantially as set forth in Section 3.4.

Installments shall be payable in lawful money of the United States of America. Installments shall be payable by pre-authorized electronic debit for the account of the registered owner of the Bond at such address as shall be provided from time to time by the registered owner, except that the final installment shall be payable upon presentation and surrender of the Bond at the office of the Registrar.

Section c) Execution of Bond: The Bond shall be signed by the Mayor of the Town and countersigned by its Clerk and its seal shall be affixed thereto.

Section d) Form of Bond: The Bond shall be in substantially the following form:

No. R-1 $52,600.00

UNITED STATES OF AMERICA

COMMONWEALTH OF VIRGINIA

TOWN OF BROOKNEAL

The Town of Brookneal (the “Town”), a public body politic and corporate of the Commonwealth of Virginia duly created by charter under Ch. 420 of the Acts of Assembly of 1964, approved March 31, 1964, (the "Charter") which Act repealed Ch. 60 of the Acts of Assembly of 1908, under which Act the Town had originally been established, for value received, hereby promises to pay to the United States of America, Rural Housing Service, or registered assigns, the principal sum of

FIFTY TWO THOUSAND SIX HUNDRED DOLLARS

($52,600.00)

and to pay to the registered owner hereof interest on the unpaid principal from the date hereof until payment of the entire principal sum at the rate of four and one-eighth percent (4.125%) per year. Installments of combined principal and interest of $3,914.00 are payable beginning on the first anniversary of the date hereof, and continuing on each anniversary date thereafter until the principal of this bond is paid in full, each installment to be applied first to interest accrued to such payment date and then to principal. The final installment, if not sooner paid, shall be due and payable 20 years from the date hereof. Such installments shall be payable in lawful money of the United States of America by pre-authorized electronic debit for the account of the registered owner of the Bond at such address as shall be provided from time to time by the registered owner, except that the final installment shall be payable upon presentation and surrender hereof at the office of the Registrar.

This bond has been authorized by a resolution adopted by the Town Council on September 12, 2006 (the “Bond Resolution”), and is issued pursuant to the Charter and the Virginia Public Finance Act to provide funds to finance police vests, a backhoe and improvements to the Town’s community building. A copy of the Bond Resolution is on file at the Town Hall, Brookneal, Virginia. This bond is a general obligation of the Town. Reference is hereby made to the Bond Resolution and any amendments thereto for the provisions, among others, describing the pledge and covenants securing the bond, the nature and extent of the security, the terms and conditions upon which the bond is issued, the rights and obligations of the Town and the rights of the bondholder.

Both principal of and interest on this bond constitute an indebtedness of and a pledge of the full faith and credit of the Town of Brookneal, Virginia. All revenues derived by the Town are hereby pledged to the payment of the principal of and interest on the bond.

Installments of principal due on this bond may be prepaid at the option of the Town at any time as a whole or in part from time to time (but if in part, in inverse order of their maturities), without premium. Prepayments of installments of principal shall not affect the obligation of the Town to pay the remaining installments payable as provided above.

This bond is fully registered as to both principal and interest. Transfer of this bond may be registered upon books maintained for that purpose by the Registrar. Prior to due presentment for registration of transfer the Registrar shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner.

All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed.

IN WITNESS WHEREOF, the Town has caused this bond to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto and this bond to be dated __________, 2006.

COUNTERSIGNED:

_____________________________ ______________________________

Clerk, Town of Brookneal Mayor, Town of Brookneal

TRANSFER OF BOND

Transfer of this bond may be registered by the registered owner or his duly authorized attorney upon presentation hereof to the Registrar who shall make note of such transfer in books kept by the Registrar for that purpose and in the registration blank below.

Date of Name of Signature

Registration Registered Owner of Registrar

United States of America

_______________ Rural Housing Service ____________________

_______________ ________________________ ____________________

Section e) Registration and Exchange of Bond: The Treasurer of the Town is hereby appointed Registrar. Transfer of the Bond may be registered upon books maintained for that purpose at the office of the Registrar. Prior to due presentment for registration of transfer the Registrar shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owners.

Section f) Delivery of Bond: The Mayor and the Clerk are hereby authorized and directed to take all proper steps to have the Bond prepared and executed in accordance with its terms and to deliver the Bond to the Government upon payment therefor. The Mayor and the Clerk are further authorized and directed to agree to and comply with, on behalf of the Town, any and all further conditions and requirements of the Government not inconsistent with this resolution in connection with its purchase of the Bond.

Section g) Disbursement Proceeds of Bond: Simultaneously with the delivery of the Bond, the proceeds from the sale thereof shall be applied to pay the cost of the Project.

Section h) Prepayment of Bond: Installments of principal due on the Bond may be prepaid at the option of the Town at any time as a whole or in part from time to time (and if in part, at the direction of the Town, in chronological order or in inverse order of their maturities), without premium, from any source. Prepayments of installments of principal shall not affect the obligation of the Town to pay the remaining installments payable as provided in Section 3.2. Any such advance payment shall not affect the amount of such installments or the interest accruing on the Bond.

ARTICLE 4)

REVENUES AND FUNDS

Section 4.1. Debt Service Reserve Fund: On each payment date for installments of principal and interest, in addition to the payment of the installment, the Town shall transfer to a special account designated the Debt Service Reserve Fund an amount equal to 10% of the installment payable on that date. When the balance in the Debt Service Reserve Fund shall equal the amount of one annual installment of principal and interest on the Bond, no further transfers to the Debt Service Reserve Fund shall be required. To the extent funds are not available from other revenues, the Town shall pay installments of principal and interest on the Bond from the Debt Service Reserve Fund as the same become due.

Section 4.2. Pledge of Debt Service Reserve Fund: All moneys in the Debt Service Reserve Fund are hereby pledged to the payment of the principal of and interest on the Bond.

ARTICLE 5)

SECURITY FOR DEPOSITS AND INVESTMENT OF FUNDS

Section a) Security for Deposits: All moneys on deposit with any bank or trust company shall be secured for the benefit of the Town and the holder of the Bond in the manner required by the Virginia Security for Public Deposits Act (Chapter 23, Title 2.1, Code of Virginia of 1950, as amended) or any successor provision of law.

ARTICLE 6)

PARTICULAR COVENANTS

Section a) Payment of Bond: The Town shall pay promptly, as provided herein, the principal of and interest on each of the Bond.

Section b) Insurance: The Town shall require and maintain such insurance coverage with respect to the Project as may be required by the Government. including without limitation:

i) insurance covering all insurable above-ground structures, equipment, electrical and other machinery forming a part of the Project;

ii) flood insurance covering all structures forming a part of the Project located in flood plains;

iii) public liability and property damage insurance;

iv) workmen's compensation insurance on all employees of the Town; and

v) fidelity bonds on all officers and employees of the Town entrusted with the receipt and disbursements of funds in an amount not less than the maximum amount of funds expected to be on hand at any one time with the Town naming the Government as a co-obligee.

Section c) Records and Reports: The Town shall establish and maintain such books and records relating to the operation of the Project and its financial condition and provide for an annual audit, all in such manner as may be required by the Government. Copies of all such audits shall be submitted to the Government as soon as they are obtained by the Town. The Town shall prepare and submit to the Government such additional information and reports as the Government may from time to time reasonably require.

Section d) Access to Books and Project: The Town shall provide to the Government at all reasonable times access to all books and records relating to the Project and access to the property of the Project so that the Government may ascertain that the Town is in compliance with all the provisions of this resolution and all other instruments incident to the purchase of the Bond by the Government.

Section e) Refinancing: The Town shall refinance the unpaid principal balance of the Bond upon the request of the Government if at any time it shall appear to the Government that the Town is able to do so with funds obtained from responsible private sources at reasonable rates and terms for loans for similar purposes and periods of time.

ARTICLE 7)

DISCHARGE

Section a) Discharge upon Payment of Bond: If the Bond shall have become due and payable in accordance with its terms or shall have been duly called for the prepayment and the full amount of the principal, interest and prepayment premium, if any, so due and payable upon the Bond shall have been paid at the time and in the manner provided therein and in this resolution, then the right, title and interest of the holder of the Bond in the revenues and the other moneys, funds and securities pledged under this resolution and all covenants, agreements and other obligations of the Town to the holder of the Bond under this resolution shall cease, terminate and be void and the Town shall be discharged from its obligations hereunder. In such event all moneys and securities not required for the payment of the principal, interest and prepayment premium, if any, on the Bond, may be used by the Town for any lawful purpose.

ARTICLE 8)

DEFAULT AND REMEDIES

Section a) Default and Remedies: Upon default by the Town (a) in the payment of principal of or interest on the Bond, (b) in the performance of any covenant or agreement contained in the Bond or in this resolution or (c) upon the filing of a petition in bankruptcy by the Town, the holder of the Bond at its option may:

i) declare the entire unpaid principal amount of the Bond then outstanding and accrued interest thereon to be immediately due and payable;

ii) incur and pay such reasonable expenses for the account of the Town as may be necessary to cure the cause of any default;

iii) proceed to protect and enforce its rights under the Bond and this resolution by a suit, action or special proceeding at law or in equity, either for the specific performance of any covenant or agreement or execution of any power or for the enforcement of any proper legal or equitable remedy as may be deemed most effectual to protect and enforce such rights.

Section b) Remedies Cumulative: No remedy conferred hereby is intended to be exclusive of any other remedy, and every remedy shall be cumulative and in addition to every other remedy herein or now or hereafter existing in equity, at law or by statute.

ARTICLE 9)

MISCELLANEOUS

Section a) Contract with Bondholder: The provisions of this resolution shall constitute a contract between the Town and the holder of the Bond for so long as any of the Bond and interest thereon are outstanding.

Section b) Town Officers and Agents: The officers and agents of the Town shall do all acts and things required of them by this resolution, the Bond and the Act for the complete and punctual performance of all the terms, covenants and agreements contained therein.

Section c) Limitation of Rights: Nothing expressed or mentioned in or to be implied from this resolution or the Bond is intended or shall be construed to give to any person or company other than the parties hereto and the holder of the Bond any legal or equitable right, remedy or claim under or in respect to this resolution or any covenants, conditions and agreements herein contained; this resolution and all of the covenants, conditions and agreements hereof being intended to be and being for the sole and exclusive benefit of the parties hereto and the holder of the Bond as herein provided.

Section d) Limitation of Liability of Officials of Town: No covenant, condition or agreement contained herein shall be deemed to be a covenant, agreement or obligation of a present or future member, officer, employee or agent of the Town in his individual capacity, and neither the members of the Town Council nor any officer thereof executing the Bond shall be liable personally on the Bond or be subject to any personal liability or accountability by reason of the issuance thereof. No member, officer, employee or agent of the Town shall incur any personal liability with respect to any other action taken by him pursuant to this resolution or the Act, provided he acts in good faith.

Section e) Conditions Precedent: Upon the issuance of any bonds all acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia or this resolution to have happened, exist and to have been performed precedent to or in the issuance of such Bond shall have happened, exist and have been performed.

Section 9.6 Series Designation: In the event the Bond is not issued during calendar year 2006, the Mayor and Clerk of the Town are hereby authorized and directed to change the series designation to such other year as may be appropriate at the time of its issuance. Thereafter all references in this resolution to the Bond shall be deemed to refer to the $52,600.00 General Obligation Bond issued pursuant to Article 3 under its new series.

Section 9.7 Repeal of Resolutions in Conflict: All other resolutions, or parts thereof, in conflict with this resolution are hereby repealed except for such resolutions as may have been adopted by the Town at the specific request of the Government as a condition to its purchase of the Bond.

Section 9.8 Successors and Assigns: All the covenants, stipulations, promises and agreements of the Town contained in this resolution shall bind and inure to the benefit of its successors and assigns, whether so expressed or not.

Section 9.9 Headings: Any headings in this resolution are solely for convenience of reference and shall not constitute a part of the resolution nor shall they affect its meaning, construction or effect.

Section 9.10 Severability: If any court of competent jurisdiction shall hold any provision of this resolution to be invalid and unenforceable, such holding shall not invalidate any other provision hereof.

Section 9.11 Effective Date: This resolution shall take effect immediately. The Clerk of the Town is hereby authorized and directed to file a certified copy of this resolution in the office of the Town.

This Resolution was passed by a vote of the Brookneal Town Council on the 12th day of September, 2006.

_________________________________

Mayor

ATTEST:

_________________________________

Clerk of Council

VEHICLE LICENSE ORDINANCE & SETTING OF TRANSITIONAL PROVISIONS EFFECTIVE FOR 2007 LICENSE YEAR ONLY

Having met all requirements of public notice, motion was made by Stacey Hailey to adopt an ordinance to the Brookneal Town Code the effect of which will be to provide a procedure for implementing changes to the town vehicle licenses and the setting of transitional provisions effective for 2007 license year only. The motion received a second from James Nowlin. Mayor Campbell asked for discussion on the matter. With no discussion, Mayor Campbell called for a vote as follows:

Mr. Hailey Aye Mr. Adams Aye Ms. Tibbs Aye

Mr. Nowlin Aye Mr. Jennings Aye Ms. Meisenbach Aye

With all in favor, the motion carried adopting the following ordinance:

Article II. Town Vehicle Licenses.

Sec. 66-41. Vehicles required to be licensed--Situs; student owners; exemptions.

(a) Every person who shall own or lease a motor vehicle, trailer or semitrailer normally garaged, stored or parked in the Town shall pay an annual Town license fee for such vehicle, trailer or semi‑trailer as required herein.

(b) Reserved.

(c) The situs for the imposition of licensing fees under this article shall in all cases, except as hereinafter provided, be the locality in which the motor vehicle, trailer, or semitrailer is normally garaged, stored, or parked. If it cannot be determined where the personal property is normally garaged, stored, or parked, the situs shall be the domicile of its owner. In the event the owner of the motor vehicle is a full-time student attending an institution of higher education, the situs shall be the domicile of such student, provided the student has presented sufficient evidence that he has paid a personal property tax on the motor vehicle in his domicile.

(d) Reserved.

(e) Reserved.

(f) The license fee imposed by this section shall not apply to any vehicle personally owned or leased, in whole or in part, by a member of the armed services of the United States on active duty. For the purposes of this section “the armed services of the United States” includes active duty service with the regular Armed Forces of the United States or the National Guard or other reserve component.

(g) The Town of Brookneal shall not impose any license fee upon any daily rental vehicle, as defined in VA. CODE ANN. §58.1-2401 (Repl. Vol. 2004), the rental of which is subject to the tax imposed by VA. CODE ANN. §58.1-2402 A.4. (Cum. Supp. 2005).

(h) The Town of Brookneal shall not impose a license fee upon any new resident of the town, previously a resident of Campbell County, who has previously paid a license fee for the same tax year to Campbell County.

For state law reference, see VA. CODE ANN. §46.2‑752 A. and I. (Repl. Vol. 2005), and VA. CODE ANN. §46.2-755 C. (Repl. Vol. 2005). But see also VA. CODE ANN. §§46.2-656, 46.2-657, and 46.2-662 (Repl. Vol. 2005). See also VA. CODE ANN. §46.2-221.4 (Repl. Vol. 2005).

Cross-reference.—For exemptions and reductions regarding local licensing fee, see §66-45.

Sec. 66-41.1. Reserved.

Sec. 66-42. Assessment of license fee.

(a) There is hereby assessed to any person owning or leasing a motor vehicle, trailer or semi-trailer, normally garaged, stored or parked in the Town of Brookneal on January 1 of each year a Town of Brookneal motor vehicle license fee.

(b) Reserved.

(c) The chief of each volunteer fire department and volunteer emergency rescue squad will prepare and certify a list of active members of his department or squad who regularly respond to calls or perform other duties for the department or squad and who reside in the town. The certified list will include the complete name of each individual, his residence address, and the identification number, and description of the car owned or leased by such active member and to be certified for exemption. Each individual so certified will complete the required application form, submit it to his chief who will attach all individual applications to the certified listing and submit to the Treasurer of the town. After reviewing and comparing the certified listing and applications with the personal property tax rolls, the Treasurer will issue an exemption certificate to each certified member without charge. No member of a volunteer rescue squad or volunteer fire department shall be issued an exemption certificate for more than one vehicle free of charge.

For state law reference, see VA. CODE ANN. §46.2‑752 A.4. and A.5. and A.11. (Repl. Vol. 2005).

Cross-reference - For related provisions, see subsection (g) of §66-45 of this Code. For provisions providing that no motor vehicle license shall be issued by the Virginia Department of Motor Vehicles to an owner of a motor vehicle as to which a fee is required to be paid pursuant to this article qualified under the provisions of this article to a waiver of that fee until applicant produces evidence that all currently due and delinquent personal property taxes on the vehicle to be licensed have been paid, see §66-48(c) of this Code.

Sec. 66-43. Amount of fee‑‑Passenger motor vehicles; trucks; motorcycles; transitional provisions for 2006 license year only.

(a) On each and every passenger vehicle and truck there shall be an annual license fee of fifteen dollars; and on each and every motorcycle, with or without a sidecar, a license fee of nine dollars.

(b) The amount of the license fee imposed by the town under this article shall not be greater than the amount of the license fee imposed by the Commonwealth on said vehicle.

(c) Transitional provisions effective for 2007 license year only. Notwithstanding the preceding subsections, in order to adjust the amount of the vehicle license fee for the 2007 license year in recognition of the transition from the former April 15, 2007 due date for decals to the new December 5, 2006 due date for vehicle license fees, the vehicle license fee for the 2007 license year only is hereby reduced by thirty-three percent (33%) such that the fee shall be ten dollars ($10.00) on each and every passenger vehicle and truck, and is hereby reduced by a corresponding thirty-three percent (33%) on motorcycles and all other motor vehicles, trailers, semitrailers, etc. that are subject to the town license fee. This subsection shall automatically expire on or before December 5, 2007 and all annual town vehicle license fees for the 2008 license year and thereafter shall be imposed at the full amounts specified in the preceding subsections of this section and such fees shall be payable on or before December 5^th of each year, beginning December 5, 2007.

For state law reference, see VA. CODE ANN. §46.2‑752 (Repl. Vol. 2005). For state fees, see VA. CODE ANN. §46.2‑694 (Repl. Vol. 2005), especially subdivisions 1 through 13 of A.

Cross-reference. -- For exemption for daily rental vehicles, see §66-41(g) and §66-45(j) of this Code, as well as VA. CODE ANN. §46.2-755 C. (Repl. Vol. 2005).

Sec. 66-44. Same‑‑Other motor vehicles, trailers, semitrailers, etc.; transitional

provisions for 2006 license year only.

(a) Reserved.

(b) On each trailer or semitrailer (i) not designed and used for the transportation of passengers on the highways of the Commonwealth and (ii) having a registered gross weight of 1,500 pounds or less, there shall be no license fee assessed by the Town of Brookneal.

(c) In the case of a combination of a truck or tractor truck and a trailer or semi‑trailer, each vehicle constituting a part of such combination shall be licensed as a separate vehicle and a separate fee shall be assessed therefor.

(d) On each and every motor vehicle, trailer, or semitrailer upon which well‑drilling machinery is attached and which is permanently used solely for transporting such machinery, there shall be a license fee of fifteen dollars.

(e) On each and every bus owned and operated by a person, firm, or corporation (1) used or intended to be used for transporting persons to and from school, or (2) used exclusively for transportation to and from church school, for the purpose of religious instruction, or to and from church, for the purpose of divine worship, there shall be a license fee of twenty-seven dollars.

(f) Transitional provisions effective for 2007 license year only. Notwithstanding the preceding subsections, in order to adjust the amount of the vehicle license fee for the 2007 license year in recognition of the transition from the former April 15, 2007 due date for decals to the new December 5, 2006 due date for vehicle license fees, the vehicle license fee for the 2007 license year only is hereby reduced by thirty-three percent (33%) such that the fee shall be ten dollars ($10.00) on each and every passenger vehicle and truck, and is hereby reduced by a corresponding thirty-three percent (33%) on motorcycles and all other motor vehicles, trailers, semitrailers, etc. that are subject to the town license fee. This subsection shall automatically expire on or before December 5, 2007 and all annual town vehicle license fees for the 2008 license year and thereafter shall be imposed at the full amounts specified in the preceding subsections of this section and such fees shall be payable on or before December 5^th of each year, beginning December 5, 2007.

For state law reference, see VA. CODE ANN. §46.2‑752 (Repl. Vol. 2005). See also VA. CODE ANN. §46.2‑694 (Repl. Vol. 2005); VA. CODE ANN. §46.2-694.1 (Repl. Vol. 2005), and VA. CODE ANN. §46.2‑700 (Repl. Vol. 2005), and VA. CODE ANN. §46.2-701 (Repl. Vol. 2005).

Sec. 66-45. Same‑‑Exemptions and reductions.

(a) The provisions of this article shall not be construed as to impose a license fee upon any motor vehicle, trailer or semitrailer when:

(1) A similar tax or license fee is imposed by another County, city or town wherein such motor vehicle, trailer or semitrailer is normally garaged, stored or parked;

(2) The motor vehicle, trailer or semitrailer is owned by a nonresident of the town and is used exclusively for pleasure or personal transportation and not for hire or for the conduct of any business or occupation other than that set forth in paragraph (3) of this subsection.

(3) The motor vehicle, trailer or semitrailer is owned by a nonresident and is used for transporting into and within the town for sale in person or by his employees of wood, meats, poultry, fruits, flowers, vegetables, milk, butter, cream or eggs produced or grown by him, and not purchased by him for sale.

(4) The motor vehicle, trailer or semi‑trailer is owned by an officer or employee of the Commonwealth of Virginia who is a nonresident of the town and who uses the vehicle in the performance of his duties for the Commonwealth under an agreement for such use;

(5) The motor vehicle, trailer or semi‑trailer is kept by a dealer or manufacturer for sale or for sales demonstration;

(6) The motor vehicle, trailer or semi‑trailer is operated by a common carrier of persons or property operating between cities and towns in this Commonwealth and not in intracity transportation or between cities and towns on the one hand and points and places without cities and towns on the other and not in intracity transportation;

(7) Any vehicle that is exempt under provisions of state law.

(b) Reserved.

(c) Motor vehicles, trailers or semitrailers owned by the Commonwealth, political subdivisions of the Commonwealth, and regional jail authorities created pursuant to VA. CODE ANN.§53.1-95.2 et seq. (Repl. Vol. 2005) and used solely for governmental purposes in accordance with the provisions of VA. CODE ANN. §46.2‑750 (Repl. Vol. 2005) shall display license plates or decalcomania inscribed either "Official State Use Only" or "Official Local Government Use Only,” respectively, and shall be subject to a license fee equal to the cost incurred either by the Commonwealth or by the town, respectively, in the purchase or manufacture of such decalcomania, but which town fee shall, in no event, exceed the fee imposed by the State under VA. CODE ANN. §46.2‑750 A. (Repl. Vol. 2005); such licensing requirements shall be subject to exceptions set forth in VA. CODE ANN. §46.2-750 (Repl. Vol. 2005) and VA. CODE ANN. §46.2-750.1 (Repl. Vol. 2005).

(d) One motor vehicle, owned and used personally by any recipient of the Medal of Honor who holds a current state motor vehicle registration card establishing that he has received Medal of Honor state license plates as prescribed and limited in VA. CODE ANN. §46.2‑745 (Repl. Vol. 2005) or one motor vehicle owned and used personally by the unremarried surviving spouse of such Medal of Honor recipient shall be exempt from the payment of the license fee levied and imposed by this article.

(e) The fire‑fighting trucks, trailers or semitrailers on which firefighting apparatus is permanently attached, or other vehicles, when any such vehicle is owned or under exclusive control of a chartered volunteer fire department in this town shall be exempt from payment of the license fee imposed by this article, provided that such vehicles comply with all of the provisions of VA. CODE ANN. §46.2-649.1:1 (Repl. Vol. 2005) and VA. CODE ANN. §46.2‑752A (Repl. Vol. 2005).

(f) Ambulances or other vehicles owned or used exclusively by chartered volunteer fire departments or volunteer lifesaving or first aid crews or rescue squads in the town, provided any such vehicle is used exclusively as an ambulance or lifesaving and first aid vehicle and is not rented, leased, or lent to any private individual, firm, or corporation, and no charge is made by the organization for the use of the vehicle, shall be exempt from payment of the license fee imposed by this article, provided that such vehicles comply with all of the provisions of VA. CODE ANN. §46.2-649.1:1 (Repl. Vol. 2005) and VA. CODE ANN. §46.2‑752A (Repl. Vol. 2005).

(g) One vehicle owned or leased, and used personally in the performance of duties by each active member of the volunteer fire departments and volunteer emergency rescue squads who lives in the town is exempt after proper certification as indicated in Sec. 66-42 of this Code.

(h) One motor vehicle, owned, and used personally by any veteran who holds a current state motor vehicle registration card establishing that he has received a disabled veteran's exemption from the Department of Motor Vehicles, and has been issued a disabled veteran's motor vehicle license plate, as prescribed in VA. CODE ANN. §46.2‑739 (Repl. Vol. 2005), or one motor vehicle owned and used personally by the unremarried surviving spouse of such disabled veteran shall be exempt from the payment of the license fee levied and imposed by this article.

(i) One passenger vehicle, pickup or panel truck, as defined in VA. CODE ANN. §46.2‑100 (Repl. Vol. 2005), owned and used personally by any former prisoner of war who holds a current state motor vehicle registration card establishing that he has received prisoner of war State license plates as prescribed in VA. CODE ANN. §46.2‑746 (Repl. Vol. 2005) or one motor vehicle owned and used personally by the unremarried surviving spouse of a person eligible to receive such special license plates shall be exempt from the payment of the license fee levied and imposed by this article.

(j) Daily rental vehicles as defined in VA. CODE ANN. §58.1-2401 (Repl. Vol. 2004), the rental of which are subject to the tax imposed by VA. CODE ANN. §58.1‑2402 A 4 (Cum. Supp. 2005), shall be exempt from the payment of the license fee levied and imposed by this article.

(k) Passenger vehicles and pickup or panel trucks, as defined in VA. CODE ANN. §46.2‑100 (Repl. Vol. 2005), owned and used personally by a member of the National Guard who has received special metal state license plates pursuant to VA. CODE ANN. §46.2‑744 (Repl. Vol. 2005), shall be partially exempt from the payment of the license fee levied and imposed by this article to the extent of fifty percent (50%) of said fee, provided that such reduced town fee shall not exceed the reduced State tax or fee imposed under VA. CODE ANN. §46.2‑744 (Repl. Vol. 2005) and VA. CODE ANN. §46.2‑694 (Repl. Vol. 2005).

(l) Antique motor vehicles and antique trailers, as defined in VA. CODE ANN. §46.2-100 (Repl. Vol. 2005), registered and licensed by the State in accordance with VA. CODE ANN. §46.2‑730 A (Repl. Vol. 2005) shall be exempt from the payment of the license fee levied under this article, provided that other conditions prescribed herein are met.

In order to qualify for exemption hereunder, an antique motor vehicle and antique trailer registered and licensed under VA. CODE ANN. §46.2-730 (Repl. Vol. 2005) shall not be used for general transportation purposes, including, but not limited to, daily travel to and from the owner’s place of employment, but shall only be used:

(i) For participation in club activities, exhibits, tours, parades and similar events; and

(ii) On the highways of the Commonwealth for the purpose of testing their operation, obtaining repairs or maintenance, transportation to and from events as described in subdivision (i) of this subsection, and for occasional pleasure driving not exceeding 250 miles from the residence of the owner.

For state law reference for individual subsections, see as follows: (a)(1)--VA. CODE ANN. §46.2-752 H. (Repl. Vol. 2005) and VA. CODE ANN. §46.2-755 A.1. (Repl. Vol. 2005); (a)(2)--VA. CODE ANN. §46.2-755 A.2. (Repl. Vol. 2005); (a)(3)--VA. CODE ANN. §46.2-755 A.3. (Repl. Vol. 2005); (a)(4)--VA. CODE ANN. §46.2-755 A.4. (Repl. Vol. 2005); (a)(5)--VA. CODE ANN. §46.2-755 A.5. (Repl. Vol. 2005); (a)(6)--VA. CODE ANN. §46.2-755 A.6. (Repl. Vol. 2005); (a)(7)--VA. CODE ANN. §46.2-752 A. (Repl. Vol. 2005) and VA. CODE ANN. §46.2-694 (Repl. Vol. 2005); (b)--VA. CODE ANN. §46.2-752 A. (Repl. Vol. 2005); (c)--VA. CODE ANN. §46.2-750 A. (Repl. Vol. 2005); (d)--VA. CODE ANN. §46.2-745 (Repl. Vol. 2005); (e) and (f)--VA. CODE ANN. §46.2-649.1:1 (Repl. Vol. 2002) and VA. CODE ANN. §46.2-752 A. (Repl. Vol. 2005), but see also VA. CODE ANN. §46.2-736 (Repl. Vol. 2005) and VA. CODE ANN. §46.2-735 (Repl. Vol. 2005); (g)--VA. CODE ANN. §46.2-752 A.4. and 5. (Repl. Vol. 2005); (h)--VA. CODE ANN. §46.2-739 (Repl. Vol. 2005) and VA. CODE ANN. §46.2-755 B. (Repl. Vol. 2005); (i)--VA. CODE ANN. §46.2-746 (Repl. Vol. 2005); (j)--VA. CODE ANN. §46.2-755 C. (Repl. Vol. 2005); (k)--VA. CODE ANN. §46.2-744 (Repl. Vol. 2005); and (l)--VA. CODE ANN. §46.2-730 (Repl. Vol. 2005). See also VA. CODE ANN. §46.2-752 A. 12. (Repl. Vol. 2005).

Cross-reference. For provisions providing that no motor vehicle license shall be issued by the Virginia Department of Motor Vehicles to a person otherwise entitled to a waiver of the local license fee until applicant produces evidence that all currently due and delinquent personal property taxes on the vehicle to be licensed have been paid, see §66-48(c) of this Code.

For provisions regarding exemption from personal property taxation of “antique motor vehicles” as defined in §46.2-100 which may not be used for general transportation purposes, see VA. CODE ANN. §58.1-3504 A.8. (Repl. Vol. 2004).

Sec. 66-46. Reserved.

Sec. 66-47. License fees‑‑Disposition.

All fees collected pursuant to this article shall be deposited by the Treasurer in the general fund of the town.

For state law reference, see VA. CODE ANN. §46.2‑752 B. (Repl. Vol. 2005).

Sec. 66-48. Payment of personal property taxes prerequisite.

(a) No motor vehicle, trailer or semitrailer shall be licensed by the Department of Motor Vehicles until such applicant for such license has paid all personal property taxes and the license fee assessed hereunder upon the motor vehicle, trailer or semitrailer to be licensed and until the Department of Motor Vehicles has been provided satisfactory evidence by the Treasurer of the Town of Brookneal that any delinquent motor vehicle, trailer or semitrailer personal property taxes or license fees which have been properly assessed or are assessable against the applicant by the town have been paid.

(b) No motor vehicle license shall be issued by the Virginia Department of Motor Vehicles unless the tangible personal property taxes properly assessed or assessable by the town on any tangible personal property used or usable as a dwelling titled by the Virginia Department of Motor Vehicles and owned by the taxpayer have been paid.

(c) No motor vehicle license shall be issued by the Virginia Department of Motor Vehicles to an owner of a motor vehicle as to which a fee is required to be paid pursuant to this article, qualified under the provisions hereof to a waiver of that fee, until the applicant for such license or registration from the Department of Motor Vehicles has produced before the Town of Brookneal Treasurer, or his agent, satisfactory evidence that all personal property taxes upon the motor vehicle licensed have been paid and satisfactory evidence that any delinquent personal property taxes due with respect to the vehicle which have been properly assessed or are assessable against the owner have been paid.

For state law reference, see VA. CODE ANN. §46.2-752 C. and A.12 (Repl. Vol. 2005).

Cross-reference.- For state law provisions regarding payment of taxes on leased property by lessee and requirement that certain information re taxes to be furnished to lessee by lessor, see VA. CODE ANN. §58.1-3516.2 (Repl. Vol. 2004). For provisions regarding proration of personal property tax, see VA. CODE ANN. §58.1-3516 (Repl. Vol. 2004).

Sec. 66-49. License year.

The license year with respect to which the fee required to be paid under this article is assessed shall be January 1 through December 31 of each year. The fee assessed under this article shall be assessed to the owner of each motor vehicle as provided in this article for motor vehicles owned on January 1 of each year. The fee shall be payable on or before December 5 of each year and with respect to any fees not paid at that time there is hereby imposed a twenty dollar ($20.00) fee to reimburse the Town of Brookneal for costs associated with administration of the Vehicle Registration Withholding Program with the Commonwealth of Virginia Department of Motor Vehicles (DMV) if a DMV stop order has been issued prior to payment. The fee herein assessed will be based upon ownership of vehicles on fee day, that is, January 1 of each year, and the period for which the license fee is effective shall be January 1 through December 31 of the next ensuing year.

For state law reference, see VA. CODE ANN. §46.2‑752 A. (Repl. Vol. 2005).

Editor’s note: Transitional provisions effective for 2007 license year only. In order to adjust the amount of the vehicle license fee for the 2007 license year in recognition of the transition from the former April 15, 2007 due date for decals to the new December 5, 2006 due date for vehicle license fees, the vehicle license fee for the 2007 license year only is reduced by thirty-three percent (33%) such that the fee shall be ten dollars ($10.00) on each and every passenger vehicle and truck, and is reduced by a corresponding thirty-three percent (33%) on motorcycles and all other motor vehicles, trailers, semitrailers, etc. that are subject to the town license fee. The transitional provisions in §66-43(c) and §66-44(f) of this Code shall automatically expire on or before December 5, 2007 and all annual town vehicle license fees for the 2008 license year and thereafter shall be imposed at the full amounts specified in those sections and such fees shall be payable on or before December 5^th of each year, beginning December 5, 2007.

Sec. 66-50. Failure to pay license fee, personal property tax, etc.; penalty.

(a) Reserved.

(b) In the event that the license fee required by this article is not paid, or if any personal property taxes, properly assessed against such vehicle, are not paid on or before December 5 of each year, with respect to each owner or co-owner of any motor vehicle as to which the license fee has not been paid, or any personal property taxes have not been paid, the Town Treasurer shall mail to the owner/co-owner by first class mail a Notice of Intent to request the Commonwealth of Virginia Department of Motor Vehicles under the Vehicle Registration Withholding Program to deny his or her registration renewal with respect to the vehicle which is subject to the license fee or personal property tax herein. In the event of payment of that vehicle license fee and/or delinquent personal property taxes, the Town Treasurer shall provide to the vehicle owner/co-owner an approved numbered receipt that clearly indicates that the vehicle owner/co-owner has paid in full all outstanding local vehicle fees and delinquent taxes to the locality, together with the penalty, interests and administrative fee hereinabove set forth.

(c) It shall be unlawful for any owner of a motor vehicle, trailer or semitrailer to fail to pay the local license fee or personal property taxes assessed with respect to each motor vehicle, trailer or semitrailer after December 5 of each year.

(d) A violation of this section shall constitute a Class 4 misdemeanor and shall be punished by a fine of one hundred dollars ($100.00).

(e) A violation of this section by the registered owner of the vehicle shall not be discharged by prepayment of a fine or by payment of a fine imposed by the court except upon presentation of satisfactory evidence that the required license has been obtained.

For state law reference, see VA. CODE ANN. §46.2‑752 J (Repl. Vol. 2005). See also VA. CODE ANN. §18.2-11 (Repl. Vol. 2004).

DISCUSSION AND APPOINTMENT OF PLANNING & ZONING COMMISION MEMBERS

Mike Crews, Public Works Director and Acting Town Manager, explained the need for reappointments to the zoning commission and board of zoning appeals. Mayor Campbell stated that council would be addressing this issue at a later date.

JOINT DINNER WITH CAMPBELL COUNTY

The annual joint dinner between the towns of Altavista and Brookneal with the Campbell County Board of Supervisors will be held on Thursday, September 28, 2006 at the Colonial Restaurant.

PAYMENT OF ATTORNEY INVOICE

Motion was made by Tracy Meisenbach, seconded by Kenneth Jennings, and unanimously carried authorizing the payment of an invoice from Overby, Hawkins, Selz, & Wright totaling $1,222.75.

TRANSFER OF FIRE DEPARTMENT VEHICLE TITLES

Motion was made by Richard Adams, seconded by Stacey Hailey and unanimously carried authorizing the transfer of the titles for the vehicles belonging to the Brookneal Fire Department from the town’s name to the fire department’s name.

ITEMS FROM TOWN COUNCIL

Council member, Tracy Meisenbach, had some concerns about an issue involving her property and a resident that happened about two years ago stating that the incident had affected her quite adversely. It was printed in the paper which is on the internet and the story had been used in such a manner as to get an application that she put in for a judging card to be turned down. Ms. Meisenbach stated that this had cost her a great deal of income. Furthermore, Ms. Meisenbach stated, that this opened the door for other applications that she might submit to other equine organizations to be turned down based on how the story was worded and the fact that there was no rebuttal in the story. Ms. Meisenbach went on to say that she had spoken with Mr. Gillespie about this and he kind of issued a statement on it in 2004. He had promised to write her a letter but due to some miscommunication a letter was never written. Ms. Meisenbach stated that Mike Crews, Interim Town Manager, had now written a letter outlining the town code that gave her the right to ask people not to be on her property. Ms. Meisenbach stated that at this time she would consider the matter closed since she did have the letter that she could send in with future applications. She did, however, wish to urge all caution in how the council treats these matters adding that the way it was handled had come back to hurt her business greatly.

CLOSED SESSION

Upon motion from James Nowlin, seconded by Stacey Hailey, and unanimously carried, Council went into closed session under VA Code Section 2.2-3711 (A)(3) for the purpose of discussing the disposition of real property.

RETURN FROM CLOSED SESSION

Mayor Campbell declared the council to be back in open session.

CERTIFICATION

Mayor Campbell called for a vote certifying that only those items allowed under VA Code Section 2.2-3711 (A) (3) pertaining to the discussion of the disposition of real property were discussed in the preceding closed session.

Voting was as follows:

Mr. Hailey Aye Mr. Adams Aye Ms. Tibbs Aye

Mr. Nowlin Aye Ms. Meisenbach Aye Mr. Jennings Aye

Mayor Campbell Aye

ADJOURNMENT

Motion was made by Stacey Hailey to adjourn. Being no further business to discuss Mayor Campbell adjourned the September 12, 2006 meeting of the Brookneal Town Council.

___________________________ ____________________________

Laurie C. Francis, Phyllis Campbell, Mayor

Clerk/Treasurer Mayor