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Thursday, June 05, 2008

Christiansburg council OKs budget, fee increases

The council also received training from the town attorney on Virginia's Freedom of Information Act.

CHRISTIANSBURG -- The town council passed its $42.7 million budget for the upcoming fiscal year Tuesday and heard a presentation from town attorney Elizabeth Dillon on how to meet requirements of Virginia's Freedom of Information Act.

After receiving no comment on fee increases at a public hearing, the council gave the go-ahead to raise water, sewer and garbage collection fees for town residents. The last fee increase for those services was in 2006 when water rates went up 10 cents per 1,000 gallons and sewer rates rose 20 cents per 1,000 gallons.

Residents who use the average bimonthly consumption of 12,000 gallons will see their water and sewer bill go from $94.80 to $108.60. Garbage collection will increase from $26 on bimonthly bills to $30. The fees take effect Aug. 1 and will appear on November statements.

The council also raised the business, professional and occupational license taxes, something that has not been done in past years. Before the vote, however, Councilman Brad Stipes made a motion to reduce the increase on professional services that would affect doctors, dentists, lawyers, engineers, financial advisers, Realtors and other professional-level businesses.

Councilman Ernie Wade seconded Stipes' motion, saying those are the types of businesses the town would like to attract to its downtown area.

Resident Lisa Lucas Gardner said the professional businesses are better able to pay the tax because of the fees they charge for their services and objected to lowering the tax.

"The BPOL on professional services is already taxed more than three times on gross receipts," Stipes noted.

Stipes recommended that the BPOL tax for professional services go from 32 cents to 39 cents per $100 in gross receipts, down from the proposed 45 cents. The result, he told the council, would amount to a $45,000 reduction in the budget. Town Manager Lance Terpenny said the loss would have to be made up through reserve funds.

The motion passed 5-1.

With the new budget, business, professional and occupational license tax increases will also draw from the retail stores for which Christiansburg is known. Retailers will pay 15 cents, instead of the current 10 cents, per $100 of gross receipts.

Following the council's regular business, Dillon gave an overview of Virginia's Freedom of Information Act. The training, which was scheduled early in April after the town was found to have violated the law with its long-standing policy of not giving public notice of committee meetings, provided a summary of the state's edicts on open government.

Before Dillon's talk, Mayor Richard Ballengee said the town has "never intentionally violated FOIA regulations."

"We do not hold secret meetings behind closed doors as has been stated in the newspaper," he said.

"In some states, you see the FOIA referred to as the Sunshine Law," Dillon told the council at the onset, noting that the purpose of the law is to provide ready access to public records and free entry to meetings of public bodies.

"The act sets forth that it is to be liberally construed," she noted. "Any exemption from public access is to be narrowly construed."

On the subject of open and closed meetings, Dillon advised that "the general premise you should go by is that meetings are open to the public. Closed meetings are allowed for appropriate subjects."

Several people in the audience spoke about the law, including Terry Ellen Carter, who expressed concern that meeting notices are not posted in a prominent place, as required by law, and that they are not posted according to the three working day prescription. Currently, the town puts notice of public meetings on a second-floor bulletin board at the town hall. Some council members have said they want to post meetings and records electronically on the town's Web site once a redesign is finished this year.

Forrest Landon, retired executive director of the Virginia Coalition for Open Government, provided materials for council and audience members regarding regulations on e-mail and meetings covered under FOIA. He also commended the council for holding the training and told members their attitude toward the law is an important part of making a government that is for the people.

Carol Lindstrom, a Christiansburg resident who has been active in an effort to help residents access records by taking it upon herself to pay copying fees and post such things as the town code online at historiccambria.com, said Tuesday's training was a step forward in the democratic process.

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