June 13, 2005 Regular Minutes

Regular Meeting – June 13, 2005

A Regular Meeting of the Appomattox Town Council was held on Monday, June 13, 2005 at 7:30 p.m. at the Municipal Building on Linden Street with Mayor Spiggle, presiding.

Members present: Joyce Bennett, C. Lewis McDearmon, John L. Wilson, Steven E. Lawson, N. H. Mayberry and M. H. Mitchell.

Other present: Buddy Conner, E. Wayne Phelps, Tommy Lawson, Richard & Joy Purcell, Jim Nolen, Jesse Osborne, Curtis Wooten, Frank Brina, Bill Burke, Del.

Watkins M. Abbitt, Jr., W. W. Dickerson, J. Buchanan, Craig Carroll, Chris Simpson, Chad Denton, Times Virginian, Zack Smith, News & Advance, Jeff Elder, Utility Director, David Garrett, Jr., Town Manager, Frank A. Wright, Jr., Town Attorney, Roxanne W. Paulette, Town Clerk.

The Mayor called the meeting to order and gave an invocation.

On a motion by Councilmember Bennett, seconded by Councilmember Lawson,

Council voted to approve the consent agenda of June 13, 2005. All members present voting aye. Motion carried

Public Comments were received from:

Buddy Conner – Rt. 2 Box 482, Appomattox – Requested Council maintaining an open DMV office rather than a closed one.

E. Wayne Phelps - semi-retired businessman – Requested Council keep the DMV here in Appomattox for the older people and veterans.

Jesse Osborne – P. O. Box 9, Red House – Requested Council keep the DMV office open especially for veterans and older people. The office is used by people from Farmville, Charlotte Courthouse and Buckingham.

Craig Carroll – Rt. 3 Box 479, Appomattox – Sees Appomattox as a growing community and people should not have to drive to another locality for DMV services.

Bill Burke – 310 Moses St – Rt. 5 – Appomattox – Please reconsider the closing of the DMV select office.

David Smith – Smith’s Auto in Spout Spring – Please consider keep the DMV office open in Appomattox.

Delegate Abbitt – Thanked Town Council for the keeping the office open this long – intends to introduce legislation to increase the DMV compensation from 3.5% to 6% next year.

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June 13, 2005

Tommy Lawson – spoke on behalf of the Zoning Application for Richard Purcell –

Appearances –

A-1 Delores Kerr – Was unable to be present.

Committee Reports

Ordinance Committee – Councilmember Wilson reported that General Code Publishers has granted an extension to review the code until July 8, 2005.

Property Committee – Councilmember Lawson gave an update on the sidewalk projects throughout town.

Finance Committee –

On a recommendation by Councilmember Mayberry, Council voted to approve the increase requested by the Appomattox County Chamber of Commerce for an additional $280.00 per month. All members present voting aye. Motion carried.

On a motion by Councilmember Lawson, seconded by Councilmember Mayberry, Council voted to approve the Conditional Use Permit for Richard Purcell on Autumn Lane in M-1 with no conditions. All members present voting aye. Motion carried.

On a motion by Councilmember Mayberry, seconded by Councilmember Bennett, Council voted to approve the following resolution:

AN APPROPRIATIONS RESOLUTION OF THE APPOMATTOX TOWN COUNCIL ADOPTING THE FISCAL YEAR 2005-2006 BUDGET FOR THE TOWN OF APPOMATTOX, VA.

SECTION I:

WHEREAS, Section 2-332, Appomattox Town Code and Section 15.2-2503, Code of Virginia, require that the governing body shall approve the budget and fix a tax rate for the budget year no later than the date on which fiscal year begins; and,

SECTION II:

WHEREAS, the proposed Fiscal Year 2005-2006 Budget was published on May 11, 2005 and May 18, 2005 in the Times-Virginian, Appomattox, Virginia, pursuant to Section 15.2-2506, Code of Virginia, and public hearing was subsequently held on the proposed budget on Tuesday, May 24, 2005;

SECTION III:

NOW, THEREFORE, BE IT RESOLVED, that the Appomattox Town Council meeting in Regular Session on June 13, 2005, does hereby approve the following General Fund Expenditures by Category for Fiscal Year 2005-2006;

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GENERAL FUND; EXPENDITURES BY CATEGORY:

Council 28,950.

Administrative Department 247,450.

Professional 131,000.

Commissioner of Revenue 8,930.

Police Department 49,248.

Fire Department 37,200.

Street Department 180,910.

Sanitation Department 77,000.

Capital Improvements 55,000.

Property Maintenance & Construction 82,500.

Town Shop 14,500.

Donation/Contributions 40,500.

TOTAL GENERAL FUND EXPENSES 953,188.

SECTION IV:

BE IT FURTHER RESOLVED, that the Appomattox Town Council hereby establishes the property tax rate at $.15 per $100.00 of assessed value for real estate, $.55 per $100.00 of assessed value for personal property, $.55 per $100.00 of assessed value for machinery and tools, and $.15 per $100.00 of assessed value for mobile homes; and,

SECTION V:

BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following General Fund revenue estimates for Fiscal Year 2005-2006;

GENERAL FUND; REVENUES BY CATEGORY:

Current Taxes – Real Estate 152,000.

Current Taxes – Personal Property 120,000.

Delinquent 0.

Penalties & Interest 0.

Bank Stock Tax 90,000.

Meals Tax 105,000.

Lodging Tax 10,000.

Franchise Tax 5,800.

Consumption Tax 9,000.

Town Tags 28,000.

Business License 42,000.

Zoning 500.

Credits & Refunds 0.

Insurance Dividends 100.

Interest 20,000.

Rental of Misc. Property 45,000.

Alcohol Profits 2,000.

Motor Vehicle Tax 2,500.

Sales Tax 30,000.

Aid to Police Department (HB599) 49,294.

Fire Programs 6,000.

Certificates of Deposit 0.

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Miscellaneous 100.

Use of Beginning Balance 235,894.

Grants 0.

Other Reimbursals 0.

TOTAL GENERAL FUND REVENUES 953,188.

SECTION VI:

BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Water Fund Expenditures for Fiscal Year 2005-2006;

WATER AND SEWER FUND; EXPENDITURES BY CATEGORY:

Water Department 350,360.

TOTAL WATER EXPENDITURES 350,360.

SECTION VII:

BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Water Revenue estimates for Fiscal Year 2005-2006;

WATER FUND; REVENUES BY CATEGORY:

Water Sales 220,500.

Connection Fees 3,500.

Penalty Fees 4,800.

Miscellaneous 0.

Availability Fees 3,500.

Interest 2,500.

Reconnect Fees 2,000.

Insurance Dividends 100.

MT/LT Appropriated Revenue 70,000.

Use of Beginning Balance 43,360.

TOTAL WATER REVENUES 350,360.

SECTION VIII:

BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Sewer Fund Expenditures for Fiscal Year 2005-2006;

SEWER FUND; EXPENDITURES BY CATEGORY:

Sewer Department 822,451.

TOTAL SEWER EXPENDITURES 822,451.

SECTION IV:

BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Sewer Fund Revenue estimates for the Fiscal Year 2005-2006;

SEWER FUND; REVENUES BY CATEGORY:

Sewer Sales 451,000.

Connection Fees 5,000.

Miscellaneous 3,000.

Availability Fees 5,000.

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Interest 9,000.

WW Facility Improvement Fund (County) 76,573.

Insurance Dividends 100.

Septage Receiving 50,000.

MT/LT Appropriated Revenue 125,000.

Use of Beginning Balance 97,778.

TOTAL SEWER REVENUES 822,451.

SECTION X:

BE IT FURTHER RESOLVED, that the Appomattox Town Council may amend the Fiscal Year 2005-2006 Town Budget from time to time pursuant to Section 15.2-2507, Code of Virginia; and,

SECTION XI:

BE IT FURTHER RESOLVED, by the Town Council of Appomattox, Virginia that the Fiscal Year Budget for 2005-2006 is hereby adopted, effective July 1, 2005 and the monies necessary to fund it are hereby appropriated and shall be certified by the Clerk of Council and maintained as an archive document with the official minutes of the Town Council of Appomattox, Virginia.

Adopted this 13th of June, 2005.

On a motion by Councilmember Mitchell, seconded by Councilmember Bennett, Council voted to approve the following resolution

A RESOLUTION ESTABLISHING A WATER AND SEWER POLICY FOR FISCAL YEAR 2005-2006

WHEREAS, the Town Council of the Town of Appomattox is enabled by the Code of Virginia to impose certain fees in connection with the exercise of its various municipal powers; and,

WHEREAS, the Town Council of the Town of Appomattox desires to establish a WATER AND SEWER POLICY including User Charges and Connection and Availability Fees Administrative Policy for the convenience and benefit of town residents and businesses;

BE IT RESOLVED, that the following WATER AND SEWER POLICY for Fiscal Year 2005-2006 hereby approved; and,

BE IT FURTHER RESOLVED, that where a charge listing on this WATER AND SEWER POLICY is at variance with the same fee listed in a lawfully adopted regulation, resolution or ordinance of the Town of Appomattox for the Fiscal Year 2005-2006, the fee listed in the lawfully adopted regulation, resolution or ordinance of the Town of Appomattox for the Fiscal Year 2005-2006 shall apply:

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USER RATES

Water

In Town - $6.35/month with 2000 gallon allowable metered sales

In Town - $3.00/1000 gallons for all consumption above 2000 gallons

Out of Town - $9.55/month with 2000 gallons allowable metered sales

Out of Town - $4.50/1000 gallons for all consumption above 2000 gallons

Sewer

In Town - $9.10/month per Equivalent Residential Connection (ERC)

In Town - $5.75/1000 gallons for all metered water consumption

Out of Town - $13.65/month per Equivalent Residential Connection

Out of Town - $8.60/1000 gallons for all metered water consumption

CONNECTION FEES

Water –

Standard ¾” water connection with water main located on same side of the road as the resident $1,200.00.

For connection larger than ¾”, and require installing service line across any primary or secondary roads, cost of connection shall be at cost of materials and labor.

Sewer –

Standard residential connection with sewer main located on the same side of the road as the resident $1,900.00.

For connection larger than the standard, and or installing service line across any primary or secondary roads, cost of connection shall be at cost of materials and labor.

Out of Town Connection:

For all water or sewer connections, the above rates and charges shall be multiplied by a factor of 1.5.

WATER FACILITIES - AVAILABILITY FEES

Availability fees are defined as a charge designed to defray a portion of the continuing cost of constructing and maintaining the plant and equipment.

Availability Fees Cost

  1. Single family dwelling (per dwelling) or ERC...................$1,200.00

  2. Duplex dwelling - a single two family building (per unit). $1,200.00

Multi-family structure (duplexes, condominiums, townhouses, apartments, etc.)

Each building is considered separately.

For the first five (5) units..............................................$1,200.00

(2) For the second five (5) units.........................................$1,200.00

(3) For all additional units..................................................$1,200.00

Each building subject to a maximum charge of $1,200.00 under this subsection.

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  1. Mobile Home

a. Single lot............................................................$1,200.00

b. Two or more located on same lot, same meter (per mobile home)……………………………………………………………......$1,200.00

  1. Mobile Home Park (per space).......................................$1,200.00

  2. Commercial and Industrial

a. Motels (per unit or room).............................$300.00

b. Restaurants (per seat).……...........................$100.00

c. Laundromats (per machine)..........................$900.00

d. Others - fees will be based on square footage (sq. ft.) using net usable area defined as the gross area of the establishment less hallways, stairways, closets, etc. as determined by the applicant’s engineer/architect drawings and reviewed by the Town Council and Staff.

(1) Factories……………….……$

(2) Shopping Centers………..$

Less than 20,000 sq. ft. (per sq. ft.) ………….$

More than 20,000 sq. ft. (per sq. ft.)………… $

(3) Office Buildings (based on use) ………….…….$

  1. Medical Facilities

a. Nursing Homes (per bed).....................………..$400.00

b. Homes for the aged (per bed)............………....$200.00

c. Hospitals (per bed)..........................………......$600.00

Doctor’s Office (see office in Medical Center)....$930.00

  1. Schools

a. High Schools with showers (per person)...……………...$

b. Elementary Schools without showers (per person).....$

c. Boarding Schools (per person).............................…..$

d. Community Colleges (per person).............................$

  1. Recreational Facilities

a. Theaters, drive-in type (per car)..................….$30.00

b. Theaters, auditorium type (per seat)............… $30.00

c. Picnic Areas (per person & park capacity)...... .$30.00

d. Camps, resorts, day & night with limited plumbing (per campsite).………………………………………….......….$95.00

e. Luxury Camps with flush toilets (per camp site) $185.00

f. Swimming Pools (per camp site)............…...…..$30.00

  1. Any proposed use not covered above or in cases where higher factor, hardship or community waiver is recommended by Staff, the Town Council shall make the final decision based upon written application with supporting data.

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SANITARY SEWERAGE FACILITIES - AVAILABILITY FEES COST

  1. Single family dwelling (per dwelling) or ERC.............…….$1,900.00

  2. Duplex dwelling - a single two family building (per unit)..$1,900.00

  3. Multi-family structure (duplexes, condominiums, townhouses, apartments, etc.)

Each building is considered separately.

(1) For the first five (5) units.............. ..................….$1,900.00

(2) For the second five (5) units.............................. .$1,900.00

(3) For all additional units...... ...............................….$1,900.00

Each building subject to a maximum charge of $12,700.00 under this subsection.

  1. Mobile Home

a. Single lot........................................................…$1,900.00

b. Two or more located on same lot, same meter (fee per mobile home)..$1,900.00

  1. Mobile Home Park (per space)................................….$1,900.00

  2. Commercial and Industrial

a. Motels (per unit or room)...................................$300.00

b. Restaurants (per seat).......................................$100.00

c. Laundromats (per machine)...............................$930.00

d. Others - fees will be based on square footage (sq. ft.) using net usable area defined as the gross area of the establishment less hallways, stairways, closets, etc. as determined by the applicant’s engineer/architect drawings and reviewed by the Town Council and Staff.

(1) Factories.................................................…..$

(2) Shopping Centers

Less than 20,000 sq. ft. (per sq. ft.).........$

More than 20,000 sq. ft. (per sq. ft.)........$

(3) Office Buildings (based on use)........ ..$

  1. Medical Facilities

a. Nursing Homes (per bed). .................................$400.00

b. Homes for the aged (per bed)............................$200.00

c. Hospitals (per bed)............................................$600.00

d. Doctor’s Office (see office in Medical Center).......$930.00

  1. Schools

a. High Schools with showers (per person)..............$

b. Elementary Schools without showers (per person)$

c. Boarding Schools (per person)............................$

d. Community Colleges (per person).......................$

  1. Recreational Facilities

a. Theaters, drive-in type(per car)..........................$30.00

b. Theaters, auditorium type (per seat)...............….$30.00

c. Picnic areas (per person & park capacity).........…$30.00

d. Camps, resorts, day & night with limited plumbing (per campsite)………………………………..…………………….$95.00

e. Luxury camps with flush toilets (per camp site)…$185.00

f. Swimming pools (per swimmer-design capacity).$30.00

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June 13, 2005

  1. Any proposed use not covered above or in cases where a higher factor, hardship or community waiver is recommended by Staff, the Town Council shall make the final decision based upon written application with supporting data.

ACCOUNT CHARGE - $10.00

The purpose of this charge is to defray the cost incurred in establishing the new customer account.

DEPOSITS

The Town of Appomattox is authorized to require the following deposits from persons opening new

water and/or sewer accounts:

In-Town Out-of-Town

a. Residential Customers $100.00 $100.00

b. Business, commercial and institutional customers

(1) with 3/4" meter connections $ 100.00 $100.00

(2) with 1" meter connections $ 100.00 $150.00

c. Commercial customers $ 200.00 $300.00

The Town may also in its discretion, require additional deposit if the size of the service warrants. Deposit is to offset one two months average charge which may become delinquent. At such time as water and/or sewer service is discontinued, the deposit shall be returned to the person making the deposit. Any deposit not claimed after one (1) year after the depositor ceased to use Town water and/or sewer service shall be deemed abandoned by the depositor and shall not be subject to reclamation. When the person opening a new account owns the property to be supplied with water or sewer, the Town may not require a deposit.

BILLING POLICY

All bills are due and payable upon receipt. If not paid within thirty (30) days, a penalty in the amount of 10% of the bill will be added. If the bill and penalty are not paid within ten (10) days of the penalty date, service will be discontinued. If service is requested during the next ten (10) days period, a reconnection charge of $30.00 and the past due bill and penalty must be paid prior to service being restored. If service is not restored within ten (10) days after discontinuation of service, a service charge of $3.00 per month or any portion of a month will be assessed. When restoration of service is then requested, the past due bill, penalty and reconnection charge (availability charge) will be due before service is restored. Seasonal disconnection’s will also be subject to an accrued service charge of $3.00 per month or fraction thereof and a $30.00 reconnection fee.

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UNAUTHORIZED CONNECTIONS/CROSS-CONNECTIONS

The connection for any other water supply to the Town’s system is strictly prohibited. See Cross-Connection Control Policy.

Cross-Connections of a private or an auxiliary water system to the Town’s public water system is restricted according to the WATERWORKS REGULATIONS FOR PUBLIC DRINKING WATER SUPPLY as adopted by the Commonwealth of Virginia Department of Public Health.

USE OF SERVICE

The new service applicant is expected to begin use of water within thirty (30) days from the date of which such service is made available. Therefore, billing will commence at the end of this thirty-day period in accordance with prescribed rates, terms and conditions.

OUT-OF-TOWN CUSTOMERS

For all out-of-town customers, the above rates and charges shall be multiplied by a factor of 1.5.

The Town of Appomattox reserves the right to review each request or service and evaluate both the requested service requirements and available system well and storage capacity. Appropriate management of available system resources will be exercised by the Town Council with respect to new connections.

The Town of Appomattox reserves the right to institute any and all measures deemed necessary in the event of a natural disaster, emergency, drought or other conditions which impacts on the water system. All measures considered will be as reasonable as possible. Generally residential customer service, although it may be curtailed, will be given highest service priority.

Availability fees to be determined on the basis of equivalent residential connections and the equivalent residential availability charge.

Adopted this 13th day of June, 2005.

On a motion by Councilmember Lawson, seconded by Councilmember Bennett, Council voted to particpate in the Web Based Salary Survey and to send one representative for training. All members present voting aye. Motion carried.

On a motion by Councilmember Mayberry, seconded by Councilmember Bennett, Council voted to adjourn at 8:50 p.m. All members present voting aye. Motion carried.

Roxanne W. Paulette, CMC Ronald C. Spiggle

Town Clerk Mayor