1 Regular Meeting – March 10, 2008
The Appomattox Town Council met in Regular Session on Monday, March 10, 2008 at 7:30 p.m. at the Appomattox Municipal Building, 210 Linden Street, Appomattox, Virginia with Mayor Wilson, presiding.
Present: Joyce B. Bennett, N. H. “Jimmy” Mayberry, C. Lewis McDearmon, Jr., John T. “Plicky” Williams, Jennifer Jamerson-Scruggs, Steven E. Lawson.
Others: Jack Caldwell, Stephanie James (Times Virginian), Chad Millner, Jeff Elder (Utility Director), Earl Dickerson (Hurt & Proffitt), Derek Norfield (Alive Media), Carlton Duck (Alive Media), David Garrett, Jr. (Town Manager), Frank A. Wright, Jr. (Town Attorney), David T. Garrett, Jr., Roxanne W. Paulette (Clerk).
Mayor Wilson called the meeting to order.
Mr. Jack Caldwell, a Town citizen gave the invocation.
On a motion by Councilmember Jamerson-Scruggs, seconded by Councilmember Williams, Council voted to accept the consent agenda with the following revisions to the February 11, 2008 Regular Council Meeting minutes reflecting that Mr. Lawson was absent from the meeting, specifically the closed session:
On a motion by Councilmember Jamerson-Scruggs, seconded by Councilmember Williams, Council voted to convene in Closed Session, pursuant to §2.2-3711 (A) 7 of the Code of Virginia, 1950, as amended for the purpose of consultation with legal counsel employed or retained by the council regarding specific legal matters requiring the provision of legal advice by such counsel, specifically being discussion of the legal authority of the council to require production of assessment information from the Commissioner of Revenue.
VOTE: Bennett – aye, Mayberry – aye, McDearmon – aye, Williams – aye, Jamerson-Scruggs – aye. Absent – Lawson.
Now, therefore, be it resolved, that the Appomattox Town Council hereby certifies that to the best members knowledge: (1) Only public business matters lawfully exempted from open meetings requirements by Virginia law were discussed in the closed meeting to which this certificate resolution applies, and (2) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by this council.
VOTE: Bennett – aye, Mayberry – aye, McDearmon – aye, Williams – aye, Jamerson-Scruggs – aye. Absent – Lawson.
and add to the Consent Agenda of March 10, 2008 - Unfinished Business #4 – To pursue, review, enact, research updating the water policy, specifically Chapter 190 – Water and Sewer of the Appomattox Town Code. All members present voting aye. Motion carried.
Upon a recommendation of the Utility and Finance Committees, the Council voted to lift the out of town water moratorium. All members present voting aye. Motion carried.
2 Regular Meeting – March 10, 2008
Upon a recommendation of the Utility and Finance Committees, the Council voted to pursue, review and enact research on updating the water and sewer policy, Chapter 190 of the Appomattox Town Code. All members present voting aye. Motion carried.
Upon a recommendation of the Utility and Finance Committees, the Council voted to amend and reenact the following:
AN ORDINANCE TO AMEND AND REENACT the Code of the Town of Appomattox, Chapter 190, Article III, Water Service, Section 20, entitled Application for Town water outside corporate limit by adding A, B, C, D; Section 21, entitled Submission of plans and specifications for water service supplied to premises inside or outside corporate limits; Section 22, entitled Installation and ownership of water meters serving premises outside corporate limits and enact Section 22.1 entitled Payment of costs by owner of premises.
Be it ordained by the Council of the Town of Appomattox, as follows:
Section 1. Section 20, A, B, C, D; Section 21, Section 22 and Section 22.2 of Chapter 190 of the Code of the Town of Appomattox, entitled, “Water Service” shall be amended as follows:
§ 190-20. Application for Town water outside corporate limits. A. The Town Council may permit, in its sole discretion, connections of premises located outside the corporate limits of the Town with the Town water system. The owner of any such premises wishing to make a connection shall make written application to the Town Manager or his designee, giving the location and classification of his property, the proposed water uses, a statement of the maximum and minimum intended use proposed and such other information as may be required. The Town Manager or his designee shall review the application and make a non-binding recommendation to Town Council. The Town Council shall determine whether to grant the request. No such request shall be granted without an affirmative vote of two-thirds of all the members elected to Town Council. The decision of Town Council shall not be subject to appeal and shall be subject to approval of plans and specifications by Council as required by Section 21 of this Chapter. An applicant whose request for permission to connect has been denied shall not be permitted to make application for the same premises within twelve (12) months from the date of the decision by the Town Council.
B. In determining whether to permit a connection of premises located outside the corporate limits of the Town to Town waterlines, Town Council may consider the following factors: 1. Economic advantages and disadvantages of the connection to the Town and its citizens. 2. Distance of the property from the Town limits. 3. Anticipated increase in usage resulting from the connection, and whether such increase may affect or jeopardize availability of water and related services to existing customers and Town citizens. 4. Topographic, geologic, hydrologic or other similar conditions which may relate to the connection. 5. Extenuating or unusual circumstances of the landowner, including availability of water from other sources and any reasons for the landowner’s need to connect.
3 Regular Meeting – March 10, 2008
- Circumstances resulting from federal, state, county, Town or other governmental laws, ordinances, regulations or rules which relate to the connection.
- Any other matters deemed relevant by Town Council.
C. The Town Manager may prepare a report for review by Town Council summarizing these factors as they relate to a particular application.
D. At any time after granting a permit pursuant to this section, the Town Council shall have the right to impose, modify and revoke conditions of usage of Town water, as such conditions are deemed appropriate in the sole discretion of the Council, for users outside the town limits. The grant of a permit to connect to the Town water system benefiting a user outside the corporate limits of the Town shall not create any contract, promise or guarantee that the Town will renew or continue such permit for any specific period of time.
§ 190-21. Submission of plans and specifications for water service supplied to premises outside corporate limits. Any person wising to avail himself of Town water service for business, commercial, industrial, institutional, residential or other purposes in favor of premises located outside the corporate limits shall, in advance of any construction, submit to Town Council for approval detailed plans and specifications, showing clearly the proposed location, size and type of lines and construction. The proposed plans shall be in conformity with good engineering practices. No construction shall begin until approval is granted by the Council.
§ 190-22. Installation and ownership of waterlines, facilities and water meters serving premises outside corporate limits. No waterline installed for the benefit of premises located outside the Town limits may be connected to the Town’s water system unless the applicant causes to be conveyed to the Town such temporary and permanent easements and deeds of conveyance for such waterlines and related facilities as the Town may deem necessary. All water meters serving premises located outside the corporate limits shall be installed and owned by the Town.
§ 190-22.1. Payment of costs by owner of premises. All costs of establishing water lines and facilities to benefit properties located outside the Town limits shall be borne entirely by the persons or entities that will derive benefit therefrom. The Town shall calculate such cost and include such terms as it deems necessary in any permit issued to ensure timely receipt of payment in full, including a requirement that the applicant shall deposit with the Town treasurer, in cash, a minimum of 110% of the estimated total cost, as determined by the Town, prior to the commencement of construction of such waterlines, which funds may be applied by Town Council toward the cost of establishing the water lines and facilities.
Section 2. Effective Date.
This ordinance shall become effective on March 10, 2008.
All members present voting aye. Motion carried.
4 Regular Meeting – March 10, 2008
Upon a recommendation of the Utility and Finance Committees, Council voted to approve the out of town water connection request by Richard Hamilton for Woodchase Subdivision on Pumping Station Road (Rt. 691). All members present voting aye. Motion carried.
On a motion by Councilmember Bennett, seconded by Councilmember Williams, Council voted to table consideration to procure civil engineering services for the remedial design/construction of the SBR facility on Ethel Street until the Council Workshop Meeting on March 25, 2008. VOTE: Bennett – aye, Mayberry – aye, McDearmon – aye, Williams – aye, Jamerson-Scruggs – no, Lawson – no. Motion carried 4 to 2.
Mr. Garrett informed Council that he and Mayor Wilson would be going to Richmond on March 20th at 9:30 a.m. to meet with the Department of Conservation & Recreation (DCR) regarding the plan of action on the Erosion and Sediment program. Appomattox County will be sending a letter of approval taking over the Town E&S. DCR strongly recommended bring the individual who would be overseeing the E&S program to discuss the plan and how it is going to be addressed.
On a motion by Councilmember Bennett, seconded by Councilmember Mayberry, Council voted to adjourn at 8:35 p.m. All members present voting aye. Motion carried.
Roxanne W. Paulette, Clerk
John L. Wilson, Mayor