COUNCILI MEETING. NOVEMBER 12,2024 TOWN COUNCILI MEETING NOVEMBER 12, 2024 7:05 P.M. Roy M. Gladding Anita. J. Latane Kay Carlton Carolyn Barrett Fleet Dillard Kenneth A. Gillis Troy L. Balderson Eric S. Pollitt James Knighton Patsy K. Scates M.Tolley Gwinn Thomas Carter PRESENT Mayor: Vice Mayor: Council Members: Town Manager: Assistant Town Manager: Town Clerk: Town Attorney: Chiefo of Police: VISITORS: Danny Layman Jerry W. Davis, AICP, Executive Director Northern Neck Planning District Commission Jovita Kelly, Historic Downtown Tappahannock Ashley Kierzek, Altumin and Company CALLEDTOORDER Mayor Gladding called the meeting to order. Mayor Gladding welcomed the visitors. MINUTES. APPROVED Onr motion of1 Troy L. Balderson, seconded by Anita. J.I Latane, Council voted unanimously to approve the October 15, 2024, Work Session Meeting Minutes and the October 15,2024 Regular Council Meeting Minutes. Votes were cast as follows: Kay Carlton: Carolyn Barrett: Fleet Dillard: COMMITTEE REPORTS Water and Sewer Aye Aye Aye Kenneth Gillis: Troy L. Balderson: Aye Anita. J.I Latane: Aye Aye Wastewater Treatment Plant Month of October2024 October 2024 Treatment plant had an average daily Effluent flow of. 298MGD with ai total of9,244,000 million Gallon Discharge for the month of October. -October DMR will be completed and submitted beforel November 10th. -Alll Nutrient samples for the month of October are within permit required limits. -October the plant received new replacement computers, to replace old outdated computers. -Plant has experienced no abnormal conditions from switch over in August, plant running smoothly. -Plant Generators are working properly, no issues sense repairs were made. -Wei received our Skid Steer back from repairs, minor issues but uniti is operating correctly. -Training of operations staff going smoothly, sending employes to Wastewater exam prep class for training and ongoing CPES (Continuing Professional Education) required by the state for license contact hours. Public' Works Month ofOctober 2024 COUNCIL MEETING. October2024 WATER NOVEMBER 12, 2024 Marsh Street - Small pinhole ins service line North Church Lane Gaskets bad att the meter Mitchell's Lane - Replace meter setter, badi flare end Heron Point - Gaskets bada at the meter Deshields Street- - Replace meter setter, bleeder value broke and setter filling seized Stopped up, sewer main on Faulconer circle, it was unclogged using. jetter machine SEWER Mayor Gladding recognized Council Member Gillis and asked ifhel hada anything to add to the Water Council Member Gillis didi not have anything to addt tot the Water and Sewer Report. and Sewer report. Public Facilities PUBLICFACILITIES Public Safety Committee from VDOTa as ofnow. Public Facilities report The Public Safety Committee hada an onsite meeting at Water Ln. with Concerned Citizen group and VDOT. Several ideas were discussed, VDOTi is looking intos street marking, ati intersections, School Zone, andl MPH identifiers. The Town repainted the school zone and no parking areas along Water Ln. curbing. No updates Town Managers report provides updates with ongoing projects. Central Park phase 1 Hoskins Creek project has had shoreline work done. Progress is moving forward. Mayor Gladding recognized Council Member Balderson and askedi ifhe had anything to add to the Public Council Member Balderson: stated his report indicated an update on the Public Safety Committee and he still Jovita Kelly, Historic Downtown Tappahannock thanked" Townl Manager Pollitt and Marty Carneal, Facilities Director for their help inp purchasing the kiosk and the kiosk should be here by the end ofFebruary 2025. She stated Historic Downtown' Tappahannock: arei ini the process of ordering two benches for Tappahannock Central Park andt they are reaching out tot the Lions Club to see ifthey can help provide attentional benches. She advised the gift cards would be available for purchase att the. James Downtown" Tappahannock, App and they are finalizing the Winterfest plans. She asked for any questions. Council Member Dillard asked for more information regarding the kiosk such as the location and what Jovita Kelly, Historic Downtown Tappahannock stated the purchase oft the kiosk was a grant that was approved by the Town Council last year and itg goes with the Tapp-In. Shes stated iti isaf fifty-five (55) inch screen that iss scheduled to go ont the restroom building att the Tappahannock Central Park. She stated the other one ist thirty-two (32)i inches and it willl be housed at Historic Downtown lappahannock building until itisr moved tot the Hoskins Creek project location. She statedt the kiosk will connect to the Historic Downtown' Tappahannock: app andi it will show the restaurants and business located int the Town of Tappahannock and it will bel linkedt to the Visit Tappahannock site which promotes tourism. Council Member Dillard askedi ift the benches would bes similar to the ones located att the Tappahannock Central Park location, what was the hours of operation for the Historic Downtown Tappahannock and has Jovita Kelly, Historic Downtown' Tappahannock stated thel benches should be similar to the ones that are locatedt there now. She stated office hours were Monday, Wednesday and Friday from 10:00 a.m. to 2:00 p.m. and other times the staff works remotely. She statedt the difficulty they are having now ist the transition Facilities report. has not received any updates from VDOTY yet. Historic Downtown Tuppahamock Intermediate Cary School att their Cancer Walk. Sher reported they are continuing to work on the Historical information it will provide. the organization had any difficult with funding. int the leadership, obtaining funding and what upcoming projects to work on. COUNCIL MEETING. NOVEMBER 12, 2024 Council Member Dillard asked ifs she approached Essex County for funding. Jovita Kelly, Historic Downtown Tappahannock reported she reached out tol Essex County tot try toi find out what projects they could work together ona and how Essex County coulds support them. Shes stateds she tried toi find out what obstacles were in the way since she was not President during that time and repair the relationship. She stated the organization has not received any funding from Essex County this year. Finance Mayor Gladding recognized Vicel Mayor Latane. Vice Mayor Latane stated she reviewed the financial report with Town Manager Pollitt. She stated the amount anticipated for the Town revenue where its should be, the Towni is starting to receive revenue from personal property andi real estatet taxes and in. January the Town willl begin the collection of Business License tax. Sher reported the" Towni isi in great financial shape. financial report for the month of October 2024. Votes were cast as follows: Kay Carlton: Carolyn Barrett: Fleet Dillard: Town Manager Report FINANCIALREPORT FOR OCTOBER: 2024APPROVED On motion of Carolyn Barrett, seconded by Kay Carlton, Council voted unanimously to approve the Aye Aye Aye Kenneth Gillis: Troy L. Balderson: Aye AnitaJ J.L Latane: Aye Aye Strategic Obiectives Next61 Months for Year2 2024 1. Complete architectural plans for structures at Central Park. 2. Start construction for Phase 1 ofHoskins Creek. 4. Complete water system mapping project. Ongoing Major Council Initiative Projects 3. Finish Industriall Park design and engineering. (Identify funding and implementation options) 1. Central Park Project - Council approved proceeding withs submitting thep plans set for Phase 2 ofthe project which includes design for all five structures: bathrooms & covered seating, larger pavilion for entertainment, andt three smaller pavilions. We anticipate final plans tol be submitted tol Essex County 2. Water System Mapping Staff are working with CHA Solutions on a small list of outstanding questions to close out the grant later thisi month. The map will continue to be updated with more detail even after the granti is closed out. Letters to customers with unknown water line materials i. Boating Infrastructure Grant (BIG Grant) -The Towni finally received a notice ofa award for us toj proceed with permitting and design, but not construction. This iss still great news. Now these expenses will become eligible for reimbursement through the grant. ii. Shoreline Restoration -The substantial infrastructure aspects oft the project are complete. Initial wetland plantings willl bei installed before winter, with the remaining plantings to be iii. Rec. Access Rd. -VDOTS staffy willl ber reviewing the road plans this month. Thei total amount nol later than early December. will bes sent, notifying them oft their unknown status. 3. Hoskins Creek installed early next spring. oft time it will take for review is estimated to be 45 days. 4. OldAirport Development i. Site Design VEDP- TRC Engineers will attend the October Council meeting to discuss the site and potential implementation options. Whent to start construction ofthe property will be discussed att the upcoming Council Retreat in October. Other Initiatives in Progress COUNCIL MEETING. NOVEMBER 12,2 2024 1. The Fall Retreat was facilitated by retired Manager/Administnator Kim Paynet from the Berkley Group. Kim willl bes sending a report outlining what was discussed and the work plant the Council 2. Sewer Rehabl Phase 21 Project- CHA is drafting al Phase 2 report for our sewer infrastructure needs. This willi include a variety of upgrades such as completing the lining and manhole work for downtown, and pump station repairs with electrical upgrades. Engineering design is anticipated to 3. Tourism Program Staff! has updated the events page ont the visitappahamnock.com: website. Social Media Management- Updates on Tappahannock'ss social media channels including Facebook, Instagram, and Linkedin-are! being actively managed to! keep residents and visitors informed about local news, events, and attractions. Rack Card Distribution- We are working on distributing' Tappahannock rack cards to key rest stops andy welcome centers to enhance visitor outreach. Visit Tappahannock Website Updates The website now includes new forms for local businesses ande event organizers, streamlining community engagement with our online platform. Advertising inl Local Publications- Ads are being developed for local magazines, with at feature article in Coastal Virginia magazine spotlighting Tappahannock's: attractions tor reach av wider Website News Updates - The NEWS section of the Visit lappahannock website now highlights the opening of Central Park and the availability of Rent.Fun kayak rentals, showcasing recent developments inr recreational opportunities. Virginia's River Realm Website Launch Preparations are underway to feature Tappahannock on' Virginia's River Realm website, extending our reach int the tourism 4. USDOT RAISE Grant -Town Staff and Councilwoman Barrett met with the Essex County and" Town Manager created for the next few years. be finished in 2025 and construction for the next phase to start in 2026. audience. network. Administrator and Supervisors Akers and Magruder. We discussed: a brief background on the grant, publicly owned properties only being in consideration fori improvement, this being aj planning grant not construction, and what the grant agreementicontract covers. Next steps are fort the Townt to develop the RFPf for seeking consultants to perform the services int the grant agreement. This will take approximately 6-9months tos secure ai firm under contract. A scoring system willl be required for selecting the consultant (assuming wel have more than one Some minort things were discussed such as which projects/sites get selected for development, potential sites int town or county, RFP andi interview process, reimbursement requests (town responsible), and who will bei involved attending theser meetings with consultants as we determine what projects will James and Iwill bet the Town staff contacts ont the project. April (and possibly another staff person at the County) will be thes staffo contact at Essex County. Staff will then report updates Towni iss solely responsiblei for reimbursement requests. These will bei in conjunction with quarterly progress reports which can bes shared withg governing bodies. Construction application will be based on consultant recommendations for the. strongest funding application since this will beac competitive grant application. Grant administration monies will be usedf for compensating consultants for producing the work product and administration ofg grant, not top pay Town or County staffs salaries for time spent on respondent). makei for our strongest construction application. back tor respective governing bodies. grant activities. 5. Fleet Management Ar new pump truck has been ordered for the General Services Department. We anticipate delivery by February 2025. for an agreement to ber reviewed and approved. 6. River realm - Staffr met with Virginia's River Realm participants in late August. Staff are waiting 7. Town Code and Zoning Text Updates - Staff will begin working on updates to our zoning text and sections of Town Code. We will aim tol have these changes adopted at one public meeting in 2025 Mayor Gladding recognized Town Manager Pollitt and asked ifhe had anything to add tot the Town Manager Town Manager Pollitt thanked the council members fort taking the time to attend the Retreat/Work Session. Hes stated! hei iss still waiting fort the report from the facilitator and once he has that he will provide a copy to the council members. Hei informed the council members that the survey activity at the end of Prince Street near Newbill Drive ist related tot the Regional Raise Grant through the Middlel Peninsula Planning District ore early 2026. Report. COUNCIL MEETING. NOVEMBER 12, 2024 Commission. He statedi ifthe citizens ask about the activity int that area, you can direct them to visitt the Regional Planning District website for more information. Hei informed them the paddle board and kayak rental are set up att the Town beach att the end of Duke Street. Community Development Report Monthly Report November 2024 Community Development and Zoning Administration PLANNING COMMISSIONI (PC) There was no PC monthly meetingi in November. BOARD OFZ ZONING. APPEALS(BZA) The BZA did not meet inl November. LARGER) PROJECTS Drafts short term rental ordinance was presented tot the PC on October 2nd. Draft language isi included iny your packets with! hopes of scheduling a Joint Public Hearing in December. Town/County Boundary - At the TCI meeting onl February 12h TC approved the recommended "pink" boundary line ast the acceptable town/county boundary line. Itis the goal to ensure that the original town boundaries, as reflected ont the Official Zoning Map dated September 16, 1993, are honored, and maintained. On February 13, 2024, Essex County's S agenda included the discussion of the town/county boundary clarification. At thist meeting the County did not take action, asking staff andt the County Attorney to clarify a few questions. During this review further research has been takent to evaluate the September 29, 1975, Annexation document (Reference Law Order Book 14 pgs. 97+). This review is on-going. County has indicated a desire to wait until after. July 1,2024, to Public Maintenance Facility/Access Roads - Staff provided Dr. Thomas and his team a summary regarding thej proposed boundary plat and alternative road alignments submitted tot the Town for consideration. The summary outlined the findings and recommendations based on a review by the VEDP Grant- Staff continues to coordinate with TRC, the Town's consultant engineers. Site design is virtually complete and willl be sent to various agencies for review. Staff has started the process for grant closeout and begun looking for potential funding sources for site construction. FEMA -The FEMA Community Action Visit (CAV) visit was conducted March 19-21.A summary report from FEMA has been received outlining the corrective action plan witha requirement tor respond 60 days from April 24, 2024. The Town's legal counsel and staff have worked with the Berkley Groupt to form a response to FEMA and provide service tot the Town for administration oft the Town's Floodplain Ordinance. An initial meeting was held with FEMA, the Berkley Group and Town staff on October 31, 2024 toj provide updates tol FEMA about the Town's Berkley Group- - The Berkley Group has assisted the Town in reviewing and drafting the mural ordinance, tracked the action by the Governor as related tos short-term rentals and prepareda summary memo and draft short term rental ordinance for review, and responded to FEMA for the MPPDC-Thel Monthly planners' meeting was held on October 30, 2024 in Saluda. A variety of Starbucks construction is underway, Signs, water connection and sewer connection have all been approved. Tap was made successfully on Town waterline int the middle of August. Water meter has been installed and paving has been completed. Site contractor is expecting a mid-January Fitzgerald's Sports Bar Zoning and Sign permits have been issued. Waiting on revised plumbing plant tos show inclusion of dishwasher and dishwasher drain line being routedt through the grease interceptor. No further update onp progress att this site. No building permits have been issued at this Robles Cantina at 1607 Tappahannock Blvd. (formerly Shoney's Restaurant). The engineer has provided the revised drawings and plumbing layoutf for the grease interceptors and meets the Town A new site plan had been received for the Primis Bank property located at 307S Church Ln. The proposed use isa Convenience store. Initial review oft the site plan has been completed with revisions requested. Thes site developer and engineer have submitted theirt traffici impact analysis to resume these discussions. Still awaiting response from County. Town's Consulting Engineers, TRC. progress related to the CAV. CAV. COORDINATION WITH OUTSIDE AGENCIES topics were discussed. NEW ACTIVITY completion date. time. code requirements. Ther restaurant ist now opened. VDOT andi iti is currently being reviewed. COUNCIL MEETING. month. questions. NOVEMBER12,2 2024 Assistant Town! Manager Knighton he hada a rezoning request come before him and hei informed the council members that that request will come before them for consideration ataJ Joint Public Hearing probably next Mayor Gladding recognized Chief Thomas Carter and asked! him ifhel had any additional comments or Chief Thomas Carter, TPD stated he did not. MURALORDIANCEADOPTED On motion of Troy L. Balderson, seconded Anita J. Latane, voted unanimously as recommended by the Tappahannock Planning Commission to amend the Tappahannock Zoning Ordinance Article XI Supplementary Use Regulations, to add Sec. 22-147.2 Mural Art and amend Article X, Sec.22-125 to the permissible use table toi include mural art as presented. Supplementary Use Regulations Section 22-147.2. Mural Art update ARTICLEXI AMural shall be permitted By Right in districts CC-1, CG-2, I-1, with a Special Exception in R-3 and R-4, and via al Historic Overlay Zoning Permit int the Historic Overlay District (HOZ) provided: a.N Murals shall meett thet following definition An original, one-of-a-kind unique design or representation painted, drawn orp projected with lights on a wall. which does not contain b.7 The applicants shall obtain a Zoning Permiti issued byt the Townz Zoning Administrator, or obtain as speciale exception as allowed by the Board of2 Zoning Appeals. When located within thel Historic Overlay District, al Historic Overlay Zoning Permit, which will follow all requirements of Section 22-239. Historic Overlay Zoning Permits and Section 22-240., Criteria for Review of Application and Permits for Alterations for Designated Historic Overlay C.I Ina addition to obtaininga Permit, all murals must minimally meet thet following promotional or commercial advertising, Zone. requirements: 1. Allmural applications shall contain an authorization by the Owner of the wall or structure the mural will be painted on or affixedt to and a draft oft the proposedI Mural including color and specification ofr materials (e.g., paint, tile, etc.). 2. Murals shall be applied using weather resistant paint orr materials. 3.Murals shallr not be designed ast to constitute or create at traffic hazard as determined byt the Town Manger or designee in consultation withi the Chief of Police. 4. Noj part ofaN Mural shall exceed thel height oft the structure to whichi iti is painted on 5. No part ofal Mural shalle extendr more thans six (6) inches from the plane oft the wall 6. Murals shall bel located ont the side, corner side, orr rear walls oft the building, and 7. Nol Mural may consist of, or contain, electrical or mechanical components, or changing images (moving structural elements, flashing ors sequential lights, lighting elements, or other automated methods thatr result in movement, the appearance of movement, or change ofr murali image or message, noti including statici illumination turned off and back oni not more than once every twenty-four (24) hours). 8. Nol Mural shall obstruct the exterior surface of any building opening, including, but 9. Murals shall ber maintained. ata all times. Repairs to al Mural shall not require a new zoning application ift the image or content of the Mural does not or only minimally change. Failure tor maintain: a mural ing goodr repair may resulti inr notification by the Zoning Administrator and, if necessary, appropriate enforcement action! by the Town. 10. Murals shallr not contain language ori images that are obscene, profane, or defamatory, nors shallt theyi include content that promotes hatred, discrimination, or violence against any individual or group! based on race, ethnicity, religion, gender, ora affixedt to. upon which iti isp painted or affixed1 to. not oni itsi front wall, or on any ofi its decorative elements. not limited1 to, windows, doors, and vents. COUNCIL MEETING. NOVEMBER 12,2024 sexual orientation, disability, or any other protected characteristic. Anyr murali foundt to contains such contents shalll bes subject toi immediate removal att the owner's expense. 11. Murals advertising businesses, goods ors services shall be considered a Sign and require a Sign Permit pursuant to Section 22-179. Permitting Requirements for Signs. Votes were cast as follows: Kay Carlton: Carolyn Barrett: Fleet Dillard: Aye Aye Aye Kenneth Gillis: Troy L. Balderson: Aye Anita J.I Latane: Aye Aye SHORTTERM RENTALDRAFT DOCUMENTS Assistant Town Manager Knighton statedt the Tappahannock Planning Commission has been working ona draft regarding Short Term Rental. He reported the document contains regulations that the Planning Commission has agreed upon and! hei is requesting permission from Council tos set a. Joint Public Hearing for Assistant Town Manager Knighton stated currently in the Zoning Ordinance it only allows owner occupied short term rentals (which means someone ist required to live int the home) but what is being proposed isa whole! house rental which will be done bys special exception as well as the owner occupied. He reported the General Assembly adopted somel legislation where locality could no longer require a special exception for owner-occupied short-term rentals. He stated thati ifthe Town does not change anything to the ordinance, theni itis okay to continue asi is but ifthe Town changes the ordinance, then the Town is required to come into compliance and are nol longer ablet to require a special exception for the owner-occupied: short-term rental. He stated the Planning Commission isp proposing the whole home rentals as well as the owner occupied. Hes statedi int the documents provided tot the council members shows the regulations. He stated that as short-term rental registrationl has been created tob bei ini the Town Codet that willl help him with enforcement and the ability tol keept track ofthe short-term rentals and tol keep track of payment duet tot the Council Member Dillard askedi ifit was correct that the Town has the option to do nothing and still be in compliance witht the State Code. He asked Assistant Town Manager Knighton ifhe was ini favor ofthe Assistant" Townl Manager Knighton stated it was correct thatt the Town! has the option to do nothing. He statedi ifthe Town allows Whole Home Rentals there are some pros and cons. He said a pro could be since we are working oni marketing and tourism of Tappahannock then it could be beneficial. He stated how much thep potential revenue for the Town could bei is unknown. He stated that the decision to adopt the changes thel December 9, 2024 Council meeting. Towni int taxes such as the Transient Lodging Taxes. Assistant Town Manager Knighton asked for anyone had any questions. Short-Term Rental change. would be upt to the Town Council and Planning Commission. There was some discussion. Mayor Gladding stated council should consider the draft of the Short-Term Rental documents and consider setting upa a. Joint Public Hearing for the December Council meeting. He stated that ifthe council members hada any changes to please submitt them to Assistant Town Manager Knighton before November 15,2024. Assistant Town! Manager Knighton stated that due to advertising requirements, ifthe council members wantedt to proceed then he needst to send the advertisement tot the paper onl November 15,2024, or the. Joint Public Hearing could be moved toJ January 2025 ifthat was the council members' desire. Council Member Dillards statedt thei feedback he gets from the public ist they are not ini favor oft their neighbor living another place and renting their home out but then the homeowner may express that itist their rights to use their property as they see fit. He feels this topic needs careful thought sol he would not be ina a rush to advertise this item for a. Joint Public Hearing for December 2024. Mayor Gladding stated sincet this was the consensus oft the council members then we will hold off advertising the Short-Term Rental Documents until the. January 20251 meeting. Thomas Danny Layman, Chair oft the Tappahannock Board of Zoning Appeals stated there was a short-term rental case that came before the BZA that required the interpretation oft the definition of owner occupied. Hes statedi it was hisi interpretation of owner occupied was the property was owned by an individual and nota corporation, but the owner did notl have tol be present when the property was rented out. FOODTRUCK COUNCIL MEETING. NOVEMBER 12, 2024 Mayor Gladding stated council should consider having the Planning Commission review the current food truck permit policy and consider creating language in the Zoning Ordinance regarding the operations ofa Assistant Town Manager Knighton stated that currently the Town has a policy, but it does not point back to any section in the Zoning Ordinance. He stated! hei is asking for regulations to govern the food trucks. Heis proposing that the council members givet the planning commission permission tor review the current foodt truck permit policy and consider creating language in the Zoning Ordinance regarding the operations ofa Food Truck within the Town of Tappahannock and come back with some language for consideration in the new MOTION FOR PLANNING COMMISSION TO REVIEW FOOD TRUCK POLICY On motion of Carolyn Barrett, seconded by Kay Carlton, Council gave permission to the Planning Commission to review the current food truck permit policy and consider creating language in the regarding the operations ofal Food" Truck within the" Town of Tappahannock. Food" Truck within the Town of Tappahannock. year. Ordinance Votes were cast as follows: Kay Carlton: Carolyn Barrett: Fleet Dillard: Zoning Aye Aye Aye Kenneth Gillis: Troy L. Balderson: Aye Anita. J.I Latane: Aye Aye TRAFFICSTUDY Mayor Gladding recognized Chief Thomas Carter. Chief Thomas Carter introduced Ashley Kierzek, Altumin and Company. Ashley Kierzek, Altumin & Company reported her company conducted ai traffic study on Rt. 17 and Airport Road within the school zones. She stated a violation isa a vehicle traveling ten miles or more over the posted speed limit through the school zone during the flashing lights so this study was not conducted for the whole day. She reviewed the results of the study and indicated her biggest concern was the results that were found inf front ofl Tappahannock Elementary School. Sher reported thati inc one week out oft the 13,362 vehicles traveled there were 1,344 violations, a daily average of269 vehicles per day. She asked for any questions. Council Member Barrett asked hert to educate the council members onp preventative measures options. Ashley Kierzek stated the public is notified through a very intensive education period by however the Town communicates with the public. She stated a thirty (30) day warning period is in place once the cameras are installed and the public isi informed about the installation of the camera and after the thirty (30) would bei issued, and she statedt thel law only allows this type of speed enforcement ins school zones. She reported once the system is "live" then ifa vehiclei is speeding during the flashing yellow lights, then a Council Member Balderson asked who would be responsible for the operation and maintenance issues Ashley Kierzek stated Atumin & Company would be responsible for the operation and maintenance. Mayor Gladding asked Ashley Kierzek ifs she would provide a detailed report to Chief Carter so that he can There was some discussion. violations day period violation willl bei issued by mail. associated with the equipment. present thisi item to the council members for consideration. JOINI REGION' TAXI BOARD Jerry Davis, AICP, Executive Director Northern Neck Planning District Commission reported he statedt thatt the General Assembly recommends each Town and County try tot tax througha regional board. Ther regional board has an MOU with the Virginia Dept of Tax and all localities participating in the CBRCTB are undert their board, whichl has a dual stamp State/Locality). 1. Increase int tax revenues (approximately 5-10%) since we doi not currently perform any retail 2. Streamlining the sale of cigarette stamps. There willl bea dual stamp sold by the Va. Dept. of 3. Wholesale distributors willf file sales reports withi the CBRCTB and pay the CBRCTB 4. CBRCTB will pay the Town of Tappahannock monthly fort their portion oft tax revenue. 5. The CBRCTB will conduct random inspections ofr retailers. Anyone whoi is found to possess more than 30p packs ofu unstamped cigarettes is presumed to be evading taxes. Possessing Thel benefits ofj joining the CBRCTB are: compliance checks. Taxation to wholesale distributors. directly. COUNCIL MEETING. NOVEMBER 12, 2024 unstamped cigarettes for the purpose ofe evading taxes carries civil penalties ranging from 6. Possession oft upt to3,000 packs of unstamped cigarettes isac class 2r misdemeanor. Possessing Jerry Davis explained that each pack of cigarettes sold must have a local tax stamp anda a Virginia State Tax stamp. He reported it was rare fora a locality to sell directly tot the retailers. He reporteda slight feei involved of 5% ont tax collected andt to ensure the retailers int the Town of Tappahannock are adhering tos state and local laws, in relation to cigarette tax,, joining the CBRCTB is necessary. Council Member Barrett askedi ifthet tax would apply toa any other type oft tobacco product other than Jerry Davis stated under Virginia Law only cigarettes would be taxed. He reported the tax does not Town Treasurer Brock reported she was inf favor oft the Townj joining the Regional Tax Board based on the conversations she has had with. Jerry Davis. Shes stateds she did not have anything negative to report by. Joining thel Regional Tax Board. She reported shei is beginning tol have issues with the vendors that MOTIONTOSETAI PUBLICI HEARING TO DISCUSSJOINING CHESAPEAKE On motion of Troy L.I Balderson, seconded by Carolyn Barrett, Council voted unanimously tos seta Publicl Hearing for December 9, 2024, to replace Tappahannock Cigarette Tax Ordinance Article VIII - Cigarette Tax Section 26-301 through 26-3141 toj join the Chesapeake Bay Region Cigarette" Tax $2.50 per pack upt to $250,000. more than 3,000 packs of unstamped cigarettes isac class 6f felony. cigarettes. apply to cigars, any other tobacco products or vaping products. ares supplying the stamps. BAY REGION CIGARETTETAXI BOARD (CBRCTB) Board (CBRCTB) Votes were cast as follows: Kay Carlton: Carolyn Barrett: Fleet Dillard: Aye Aye Aye Kenneth Gillis: Troy L. Balderson: Aye AnitaJ J.L Latane: Aye Aye MOTION TOSETAPUBLIC: HEARINGTOAMENDTAPPAHANNOCK CIGARETTE TAX ORDINANCE ARTICLE VIII- CIGARETTETAX SECTION 26-3021 TOMODIFY THE CIGARETTETAXI RATETO(S.40)! PERTWENTY CIGARETTES. On motion of Troy L. Balderson, seconded by Kay Carlton, Council voted unanimously to setal Public Hearing for December 9, 2024 to amend the" Tappahannock Cigarette Tax Ordinance Article' VII - Cigarette Tax Section 26-302 tor modify the cigarette tax rate to ($.40) per each twenty cigarettes. Votes were cast as follows: Kay Carlton: Carolyn Barrett: Fleet Dillard: Aye Aye Aye Kenneth Gillis: Troy L. Balderson: Aye Anita. J.1 Latane: Aye Aye Mayor Gladding recognized Robert Tyler" Lowery. Robert Tyler Lowery statedl he was authorized tos speak on behalf ofhis parents Rob & Nancy Lowery to discuss the debts owed by them (part owners ofl Lowerys Restaurant). He discussed the history ofl Lowery's Restaurant & what his parents did to try to pay the debt they owned. He stated he attempted tos satisfy his Robert Tyler Lowery statedt that his parents received al letter from Sands Anderson (Town's attorney) detailing the debt owed with penalty andi interest and attorney fee. He stated the letter also gave them a deadline tor response and aj payment plant that could note extend more than six months of about $18,600 each Robert Tyler Lowery stated! he met with the Town Manager Pollitt, and he advised that the Town and the Town Councils position that the monies will be collected and identified properties that would be takent tob be Robert Tyler Lowery askedt the Town Council toi forget the debt owed and direct Town Manager Pollitt and parents' portion oft the debt but unfortunately the conservations were fruitless. month ort the Town will began making arrangements for the sale of properties. sold. the Town's Attorney to drop the case. PUBLIC! SAFETY COMMITTEE Mayor Gladding stated he would like thel Public Safety Committee "Balderson/Barret), tol begin discussions with Chief Carter & Town Manager Pollitt onj purchasing cameras for the Town of Tappahannocki to help with the traffici issues and report back tot the council members. COUNCILI MEETING. NOVEMBER 12, 2024 Thomas Danny Layman stated he ist the Chair of the Tappahannock Board ofz Zoning Appeals, but he was not present on behalf oft the board. He stated the board has had requests for variances andi in his opiniona citizen cannot get approved for a variance according tot the language int the" Tappahannock Zoning Ordinance because you have to prove al hardshipt to get a variance. He stated that Town staffa advisedt that the State Code was not as restrictive: ast the Town Code and the members should follow the State Code. He believes the Zoning Ordinance should ber reviewed for possible changes. Mayor Gladding asked fora any comments or questions. There being none the meeting was adjourned at 8:30 p.m. ADJOURNED Haayksaler Patsy K. Scates, Town Clerk uy