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Overtaxed: Numbers don’t add up for diners

Charlottesville raised its meals tax to 6 percent July 1, which, on top of the 5.3 percent state sales tax, adds more than 11 percent to your dinner tab. But a computer glitch at one local restaurant meant some customers were paying more than 16 percent.

Lorena Perez, a designer at C-VILLE Weekly, had lunch with friends at Wild Wolf Brewing Company on Second Street SE on July 4. She calculated that the $7.66 tax charged on her $46 bill was 16.65 percent. Her companions also had more than 16 percent added to their bill—about $2 more than what the tax should be.

The tax on this bill should be $5.20, not $7.66.

Perez says, “We told the manager, who called the general manager, who said over the phone that their system had the accurate percentage in, and that it was the correct tax. We asked the manager in the restaurant to do the math, and although he agreed that the amount was more than what the percentage should be, he said, ‘I can’t do anything about it.’”

Commissioner of Revenue Todd Divers confirms that the meals tax is 6 percent and the state tax is 5.3 percent for a total of 11.3 percent on restaurant tabs in the city. “It could be an honest mistake if the wrong number was put in at the point of sale,” he says.

If it’s an ongoing problem, says Divers, “it could escalate to the police.” According to city code, “the wrongful and fraudulent use of such collections” constitutes embezzlement, he says.

A week later on July 11, C-VILLE dined at Wild Wolf, which opened its Charlottesville location in May, to see if the excess tax had been fixed. It had not been.

On a bill of $34, the tax was $5.64, almost 17 percent—a $1.80 overcharge. The manager on duty said she’d have the marketing manager call back. C-VILLE also left a message for Troy Berge, the general manager.

It was July 17 before C-VILLE caught up with Berge, who said he’d look into it. “We don’t want to be overcharging.”

He discovered there was a problem. “After July 1, the system reprogrammed. It was only a few days. We didn’t realize it.”

Perez says the manager she spoke with offered to discount her bill—but didn’t do it. “We left quite disappointed” by the customer service and “knowing that they are overcharging customers with the tax.”

Berge says no one called him about Perez’s tax concern July 4—and that the manager Perez spoke to is no longer there.

“Please ask her to come in,” says Berge. “I’d like to take care of her.”

Wild Wolf added a couple of extra dollars in tax to a recent lunch tab (top).

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In brief: Basketball fever, deadly tracks, terrorizer pleads, and more

Buzzer beater

UVA heads to the Final Four in Minneapolis April 6 after a heart-stopping 80-75 win over Purdue’s Boilermakers, thanks to a last second bucket by Mamadi Diakite to put the Cavs into overtime. The win marks Virginia’s first appearance in the Final Four since 1984, coach Tony Bennett’s 10th year leading the Hoos, and redemption for last year’s first-round loss to a No. 16 seed.

Guilty plea in CHS threat

Albemarle High senior Joao Pedro Souza Ribeiro, 17, pleaded guilty March 27 to making a racist threat online that shut down Charlottesville city schools for two days last month. The Daily Progress reports Ribeiro told a juvenile court judge that he was “bored” in study hall and posted the threat as a joke. He’ll be sentenced April 24. Another Albemarle teen was charged with a felony for a shooting threat to Albemarle High, but police have not released his name.

Suing Alex Jones

Federal Judge Norman Moon ruled that Clean Virginia exec Brennan Gilmore’s defamation lawsuit against Infowars, conspiracy theorist Alex Jones, and others of his ilk can proceed. Gilmore videoed James Fields plowing into protesters August 12, 2017, and he alleges the defendants spread false information about him, resulting in death threats against him and his family. Jones is also being sued by Sandy Hook parents for claiming the mass murder of children was staged.

One train, two deaths

A Buckingham Branch train struck Sebastian Herrera, 39, of Waynesboro, around noon March 31 in Crozet, and then hours later killed an unidentified man in Waynesboro. Herrera, the third person to die on the train tracks in Crozet since 2015, was killed near Lanetown Road, close to where a Time-Disposal employee died last year.

Orange hotbed

The gated community Lake of the Woods has been the scene of alleged criminal activity recently. Ryan Chamblin, 36, was indicted on 161 counts of possession of child porn March 25. He’d previously been charged with five counts and two of failure to register as a sex offender. That same day, Stafford resident Roy C. Mayberry, 46, was indicted for embezzling more than $450,000 from the Lake of the Woods Association.


Quote of the week

“It’s clear that you would lynch me if you could so I’m never concerned with your thoughts.” Mayor Nikuyah Walker in a Facebook comment to Justin Beights, who sarcastically said her negativity is inspiring.


Crime pays—a little into government coffers

Cash-strapped localities have been known to use speed traps to plug their budget holes (ahem, Greene County), and after the Department of Justice found that law enforcement in Ferguson, Missouri, had effectively been acting as tax collectors (bringing 23 percent of the town’s revenue in fines and fees), a 2017 report said that a number of other municipalities were doing the same thing. But it’s not the case in Charlottesville and Albemarle. 

“CPD does not use ‘speed traps,’” says Charlottesville police spokesperson Tyler Hawn. “We use traffic enforcement to ensure drivers are following the posted speed limits and rules of the road for everyone’s safety.”

As City Council finalizes its 2020 budget, it voted April 1 to up the local meals and lodging taxes (and seems likely to not raise the real estate tax, after “finding” another $850,000). With all that cash, citizen criminal activities make a small revenue contribution to the proposed $188 million budget. Albemarle County also gets revenue from convictions, a .1% pittance in its $487 million budget.

Here’s how some of the numbers stack up in the proposed fiscal year 2020 budget.

Charlottesville

Court revenue $500,000

Parking fines $420,000

Property tax $73.3 million

Meals tax $14.9 million

Lodging tax $6.4 million

 

Albemarle

Fines and forfeitures: $457,282

Property tax $201 million

Meals tax $9.8 million

Lodging tax $1.2 million

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News Opinion

A moral map: The city budget is a chance to show what matters to us

It’s budget season. For four months every year, council and staff hold public meetings about the coming year’s priorities. For four months, I sit through what I am absolutely certain is the exact same PowerPoint at least a dozen times. Much of it remains inscrutable to me. I am growing comfortable with the idea that I’ll never be entirely sure what it means in the real world to move money around on paper. What I do understand, though, is that the city, like most of us, can’t pay for everything it wants.

“The city has better ways of getting income,” Joan Fenton, president of the Downtown Business Association of Charlottesville, said at a March 4 council meeting of the possibility of raising tax rates. Better ways than taxation? Localities too afraid to raise taxes (because of the ire of business owners like Fenton) often rely on fees and fines to increase revenue. That means raising court costs and turning the city into a speed trap to fill the holes in our budget, which would disproportionately impact the poor. It is regressive and unreliable and relies on a weaponized justice system.

While a truly progressive tax is an avenue not available to the city under the Dillon Rule, there are revenue streams that don’t literally rely on criminalizing poverty. Raising tax rates provides a reliable, steady revenue stream to tackle the problems the alternative would only exacerbate.

While much about the budget process remains opaque to me, it is bewildering to see what feels like intentional misrepresentations about what it would mean to raise meals and lodging tax rates. Business owners have appeared at public comment to make the case that increased meals and lodging taxes would hurt their business. One restaurant owner said he would have to raise prices to account for the “loss,” but failed to explain how an additional one dollar in tax on a $100 meal at his pricey establishment would drive down business to the point that he would have to raise prices to make a profit.

The restaurant experiences no loss here. The tax is paid by the consumer and only passes through the business. The hysteria is puzzling to me.

When you make your personal budget, you have to make hard decisions about what’s important to you and what things you can do without. It’s the same when a city makes a budget, except we’re deciding what our neighbors should do without. The real hurdle in balancing the budget is not a column on a spreadsheet, but in the public understanding of what the budget is. A budget is more than just a balance of revenues and expenditures—it’s a moral document, an agreement about what is important to us.

Beyond the public protestations of business owners about the meals and lodging rates, there has been a lot of uncertainty about the real estate tax rate, whose increase would fund affordable housing. At a March 16 budget forum, Councilor Kathy Galvin was vocally in favor of a 1-1-1 increase. By Wednesday night, she was expressing relief that the real estate tax would remain steady for another year. While the higher rate was advertised, it seems we won’t know the fate of the tax until the March 27 work session.

At the first reading of the final 2019 budget in April of last year, the meeting went into an hour-long recess due to threats of violence from an armed neo-Confederate. A woman had just commented that the Downtown Mall was the jewel of Charlottesville. That jewel sits in a crown forged by centuries of racial inequity. The violence isn’t always as overt as an angry racist with a gun in council chambers. Sometimes, it creeps insidiously into our lives, in the form of a budget that doesn’t value the lives of our most vulnerable community members.

UVA professor Walt Heinecke offered us a positive reframing at a recent public comment period: When the national press returns to Charlottesville this summer to ask us what we’ve done to address the conditions underlying the violence of the summer of hate, let this budget be the jewel in our crown, he said. He urged council to move forward with the real estate tax increase to put money into affordable housing and to publicly frame the meals and lodging tax increases as a public good—even going as far as proposing a campaign to put signs in restaurant windows advertising the meals tax increase as a micro-investment in equity. I’m not sure this budget goes far enough to deserve to be called a crown jewel. But it has the potential to be a down payment on a crown this city never earned.

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News

Takeout equity: Meals tax impact on low-income diners

Affordable housing is a priority for Charlottesville, and to pay for that in its $188 million budget, the city proposes raising the meals tax, an idea restaurant owners traditionally hate.

The 1 percent increase on the current 5 percent meals tax adds 10 cents to a $10 meal and would raise $2.4 million, according to the city. The proposed budget also ups the lodging tax to 8 percent.

In a March 12 Facebook post, Mayor Nikuyah Walker suggests that those who don’t support the increase don’t support equity. “The restaurant and hotel industry are selfishly making arguments about their failed revenue projection,” she writes. “A few small business owners who have not turned their hobbies into successful enterprises are blaming our potential tax increase as the foundation for their demise.

“A few restaurant owners want you to believe that they’re catering to low- to middle-income families and that the extra 10, 20, or 50 cents will prevent you from eating out.”

But some owners who actually do cater to low-income customers also see a problem with the tax.

Mel Walker owns Mel’s Cafe, which is known for its fried chicken, as well as its affordable home-style food, where the most expensive thing on his menu—the 12-piece chicken wing ding— is under $9.

“I don’t think it will affect me that much,” he says of the proposed increase. “It’ll hurt the poor people. It’s local people who eat here.”

He already has to explain to customers why their bill is more expensive than his posted prices when he rings them up and adds the 5 percent meals tax and 5 percent sales tax to the bill.

“I don’t think it’s necessary to raise it,” he says.

Mike Brown, also famous for his fried chicken at Brown’s, says increasing the tax is a good idea— “if you want to punish your people.” He says his customers are mostly locals from all walks of life.

Increasing the tax “affects locals more than those who come in once in a blue moon,” he says.

Brown also is not happy about the city’s 55-cent cigarette tax when people “can ride down the road and buy cigarettes in the county.”

He estimates he collects between $1,700 and $2,000 a month in meals taxes already. “I don’t pay it,” he says. “The customer does.” And a lot of his customers are “people struggling paycheck to paycheck.”

The city last raised the meals tax in 2015, and C-VILLE reported then that some argue it’s not a regressive tax because eating out is, as one councilor said, discretionary and a “luxury.”

Rapture owner Mike Rodi says, “No one who studies economics says that a sales tax isn’t regressive.”

Even an extra dime “is a more significant chunk out of someone’s income who makes $20,000 than it is for someone who makes $250,000, says Rodi. Housing, food, and clothing all “disproportionately impact people with lower incomes.”

His concern is that when there’s a budget shortfall, the “autopilot response” is, “Let’s just raise the meals tax.”

Says Rodi, “I just want to make sure other options are considered before raising taxes.” He notes the commissioner of the revenue office says tax collection is outpacing expectations and there could be surpluses. He also says the city’s reserve has been untouched for years and could be tapped into. “Or how about a smaller increase on meals, housing and lodging so it’s not always the meals tax?”

Like Mel Walker and Mike Brown, Rodi says, “There’s a misperception [the meals tax] is paid for by visitors and rich people. Look at the lines at Bodo’s and McDonald’s.”

Rodi acknowledges that even with an increase, “I will be in a better position than the people we’re trying to help. I recognize my privilege.” At the same time, “this isn’t a yacht tax” that affects only luxuries afforded by the rich.

Mayor Walker took aim in her Facebook post at restaurant owners. “Low- to middle-income families would like to not have to take out a small loan to take their families out to eat at your establishment,” she says. “Don’t use low- to middle-income people as scapegoats. I would like for you to figure out a way to pay your staff a living wage and allow them to accept 100 percent of their tips and give them quarterly bonuses.”

“You can’t have it both ways,” says Rodi. “I can’t pay someone $25 an hour and buy local, sustainable food and charge you Burger King prices.”

Working in a restaurant is one of the last industries where upward mobility can happen, he says.

Nancy Carpenter, homeless prevention coordinator at the Haven, doesn’t think an extra 10 cents is going to stop someone who’s homeless from buying a cheeseburger. She says they’re also eating at soup kitchens and having breakfast at the Haven.

“The lack of affordable housing options—that’s more important than whether my McDonald’s is going to cost $1.10 or $1.25,” she says. “I don’t foresee this as onerous. It’s onerous when you don’t have a key to a place to live.”

Currently, Walker and Wes Bellamy support the meals tax increase, and Kathy Galvin suggests a half-cent increase because the $35 million capital improvement expenditure is a one-time expense.

City Council has a public hearing on the budget tonight at 6:30, and work sessions scheduled for March 19 and tentatively for March 27.

 

 

 

 

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In brief: Rotunda breakage, budget burdens, alleged perv and more

Breaking news

On the first of the month, UVA students rallied outside of the Rotunda, where the Board of Visitors was set to discuss living wage for university employees. While it’s currently $13.79, students would like to see it set at $16, and demanded so by slapping their hands against Rotunda windows until one broke.

Gone wrong

Xavier Murphy, 24, was sentenced February 26 to 13 years and 8 months for voluntary manslaughter in the shooting of Tatiana Wells, his girlfriend and mother of his child, last June in the Days Inn. Murphy is the cousin of Alexis Murphy, who was murdered in 2013, and his mother is an advocate against domestic abuse.

Alleged molester pleads

Former Albemarle school psychologist Richard Sidebottom, 74, pleaded guilty to aggravated sexual battery of a child under 14 and indecent liberties involving girls aged 4 and 11. According to the Daily Progress, a 2009 allegation was not prosecuted, but the case was revived in 2018 with another report that included Sidebottom wearing shorts that exposed his genitals and masturbating nude in front of the windows in his home.

Where’s he going?

Ryan Jones

Rick Shannon, UVA Health System’s executive vice president of six years, announced March 4 that he’s stepping down in May. Shannon and President Jim Ryan didn’t allude to any future plans for the hospital’s head honcho, and neither did a UVA spokesperson, but Shannon did say this: “The time has come for new leadership to guide this great organization into the future.”

To the landfill

If you’ve been recycling your No. 3 through No. 7 plastics, like sandwich bags, PVC pipe, and styrofoam, you won’t be for long—and they’ve likely already ended up in a Raleigh, North Carolina dump, according to Charlottesville Tomorrow. The Rivanna Solid Waste Authority voted last week to stop accepting those materials, effective July 1, because the Chinese market for them is closed.


Quote of the week

“Kim and his evil regime are responsible for the death of our son Otto. Kim and his evil regime are responsible for unimaginable cruelty and inhumanity. No excuse or lavish praise can change that.”—Fred and Cindy Warmbier, on the president’s recent statement that he believes the North Korean dictator didn’t know about the treatment of their son, UVA student Otto Warmbier


City budget breakdown

It’s that time of the year again, when the city manager—or interim city manager in this case—proposes his budget for the next fiscal year. This time, Mike Murphy is requesting $189 million for 2020, a 5 percent increase over the current year’s adopted budget.

The increase in meals tax from 5 to 6 percent has some folks in the restaurant industry reeling, out of fear that lower- and middle-income people will be priced out
of feasting on their fare.

Murphy says a meals tax is less of a burden on local residents than a real estate tax, pointing out that a significant percentage
of restaurant meals—the city estimates 35 percent or more—are paid for by tourists.

The proposed budget keeps the city’s real estate tax rate at 95 cents per 100 dollars of assessed value, but it’s been advertised as two cents higher to give City Council some flexibility as it reviews the budget proposal before its April adoption. Though it may sound like pocket change, the additional two pennies would add up to $1.6 million, says Murphy.

Here’s a bit more of the budget breakdown:

• A lodging, or transient occupancy, tax on hotels, bed and breakfasts, and other short-term rentals, increased from 7 to 8 percent.

• Just over $10 million is proposed to go toward affordable housing, with an additional $33 million or so in the five-year capital program reserved for several initiatives, including improvements at Friendship Court.

• The budget asks for funding for three new jobs:

  • A centralized safety coordinator within the office of risk management, who would make $43,020, and serve as a staff member to guide policy and practice on things such as emergency preparedness and event planning. Says Murphy, “There are a lot of different ways that safety and security need to continue to be addressed…but we do need somebody to spearhead those efforts.”
  • A $132,729 security manager at the police department, who would make the city’s security plans, policies, and infrastructure.
  • A support services manager in Neighborhood Development Services for $56,670, because Murphy says assistant director Missy Creasy has her hands full, and a new position would help spread out her work.

City schools will be allocated an extra $3.37 million, the largest increase in over a decade, to total $88 million. The city’s capital improvement program will also give about $6 million to schools.