1 Special Call Meeting
June 30, 2008
At the Special Call Meeting of the Appomattox Town Council held on June 30, 2008 at 7:00 pm in the Council Chambers, Appomattox Municipal Building, 210 Linden Street, Appomattox, Virginia, there present were Mayor John L. Wilson, presiding and Council members Joyce B. Bennett, N. H. “Jimmy” Mayberry, C. Lewis McDearmon, Jr., John T. “Plicky” Williams, Jennifer Jamerson-Scruggs, Steven E. Lawson. Also in attendance were Paul Harvey, Stephanie James, Chad Millner, Karl Carter, Leslie Austin, Stacy Garrett, Timmy Garrett, Beckie Nix, Jeff Elder, Earl Dickerson, Carlton Duck, Derek Norfield, Marvin Booth, Bryan Baine, Frank A. Wright, Jr., Town Attorney, David T. Garrett, Jr., Town Manager and Roxanne W. Paulette, Clerk.
Mayor Wilson called the meeting to order.
On a recommendation of Ms. Jamerson-Scruggs, Chairman of the Finance Committee and with all members present voting “aye”, Council adopted the following resolution:
AN APPROPRIATIONS RESOLUTION OF THE APPOMATTOX TOWN COUNCIL ADOPTING THE FISCAL YEAR 2008-2009 BUDGET FOR THE TOWN OF APPOMATTOX, VA.
SECTION I: WHEREAS, Section 5-72, 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 2008-2009 Budget was published on May 14, 2008 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 Monday, June 16, 2008;
SECTION III: NOW, THEREFORE, BE IT RESOLVED, that the Appomattox Town Council meeting in a Workshop Meeting on June 24, 2008, does hereby approve the following General Fund Expenditures by Category for Fiscal Year 2008-2009;
GENERAL FUND; EXPENDITURES BY CATEGORY: Council Administrative Department Professional Police Department Fire Department Street Department Sanitation Department Property Maintenance & Construction Town Shop
34,195. 434,045. 65,000. 49,231. 38,000. 345,523. 80,379. 8,000. 10,000.
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June 30, 2008
Donation/Contributions Zoning Town Office TOTAL GENERAL FUND EXPENSES
5,000. 21,000. 23,000. 1,113,373.
SECTION IV: BE IT FURTHER RESOLVED, that the Appomattox Town Council hereby establishes the property tax rate at $.13 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 $.13 per $100.00 of assessed value for mobile homes; and,
BE IT FURTHER RESOLVED, in accordance with the requirements set forth in Section 58.1-3524(C)(2) and Section 58.1-3912(E) of the Code of Virginia, as amended by Chapter 1 of the Acts of Assembly (2004 Special Session 1) and as set forth in Item 503.E (Personal Property Tax Relief Program) of Chapter 951 of the 2005 Acts of Assembly any qualifying vehicle sitused within the Town commencing January 1, 2006, shall receive personal property tax relief in the following manner:
• Personal use vehicles valued at $1,000 or less will be eligible for 100% tax relief; • Personal use vehicles valued at $1,001 to $20,000 will be eligible for 49% tax
relief;
• Personal use vehicles valued at $20,001 or more shall only receive 49% tax relief
on the first $20,000 of value; and
•
• All other vehicles which do not meet the definition of “qualifying” (business use vehicles, farm use vehicles, motor homes, etc.) will not be eligible for any form of tax relief under this program. In accordance with Item 503.D.1., the entitlement to personal property tax relief for qualifying vehicles for tax year 2005 and all prior tax years shall expire on September 1, 2006. Supplemental assessments for tax years 2005 and prior that are made on or after September 1, 2006 shall be deemed “non-qualifying” for the purposes of state tax relief and the local share due from the taxpayer shall represent 100% of the tax assessable.
SECTION V: BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following General Fund revenue estimates for Fiscal Year 2008-2009;
GENERAL FUND; REVENUES BY CATEGORY: Current Taxes – Real Estate Current Taxes – Personal Property Bank Stock Tax Meals Tax Lodging Tax
171,325. 130,000. 80,000. 400,000. 30,000.
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June 30, 2008
Franchise Tax Consumption Tax Town Tags Business License Zoning Checking Interest Rental of Misc. Property Alcohol Profits Motor Vehicle Tax Sales Tax Aid to Police Department (HB599) Fire Programs Use of Beginning Balance Transfer Funds (Welcome Signs) Reserve Interest TOTAL GENERAL FUND REVENUES
7,000. 8,600. 25,000. 55,000. 2,000. 1,500. 50,000. 2,100. 2,600. 36,000. 49,231. 8,000. 3,042. 29,800. 22,175. 1,113,373.
SECTION VI: BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Tourism Fund Expenditures for Fiscal Year 2008-2009;
TOURISM FUND; EXPENDITURES BY CATEGORY: Tourism Department TOTAL TOURISM EXPENDITURES
217,125. 217,125.
SECTION VII: BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Tourism Revenue estimates for Fiscal Year 2008-2009;
TOURISM FUND; REVENUES BY CATEGORY: VIC Gift Shop Transfer from General Fund TOTAL TOURISM FUND REVENUES
20,000. 197,125. 217,125.
SECTION VIII: BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Water Fund Expenditures for Fiscal Year 2008-2009;
WATER FUND; EXPENDITURES BY CATEGORY: Water Department TOTAL WATER EXPENDITURES
420,522. 420,522.
SECTION IX:
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June 30, 2008
BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Water Fund Revenue estimates for Fiscal Year 2008-2009;
WATER FUND; REVENUES BY CATEGORY: Water Sales Capital Fees TOTAL WATER REVENUES
365,898. 54,624. 420,522.
SECTION X: BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Sewer Fund Expenditures for Fiscal Year 2008-2009;
SEWER FUND; EXPENDITURES BY CATEGORY: Sewer Department TOTAL SEWER EXPENDITURES
983,926. 983,926.
SECTION XI: BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Sewer Fund Revenue estimates for the Fiscal Year 2008-2009;
SEWER FUND; REVENUES BY CATEGORY: Sewer Sales County Reimbursement SBR & IDA PS Park Service Maintenance Beginning Balance of Certificate of Deposit Use of Beginning Balance TOTAL SEWER REVENUES
672,853. 79,073. 4,000. 211,000. 17,000. 983,926.
SECTION XII: BE IT FURTHER RESOLVED, that the Appomattox Town Council may amend the Fiscal Year 2008-2009 Town Budget from time to time pursuant to Section 15.2-2507, Code of Virginia; and,
SECTION XIII: BE IT FURTHER RESOLVED, by the Town Council of Appomattox, Virginia that the Fiscal Year Budget for 2008-2009 is hereby adopted, effective July 1, 2008 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 30th day of June, 2008. Motion carried.
On a recommendation by Ms. Jamerson-Scruggs, Chairman of the Finance Committee and with all members present voting “aye”, Council voted to adopt the following changes to the Water and
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June 30, 2008
Sewer Policy including User Charges, Connection and Availability Fee Administrative Policy, specifically being to increase the water rates for in town customers from $6.35 per month for the 1st 2000 gallons allowable metered sales and $5.54 for each 1000 gallons thereafter to $5.80 per 1000 gallons for all consumption and a $4.00 per month per user fee for Capital Replacement. The water rates for out of town customers from $9.53 per month for the 1st 2000 gallons allowable metered sales and $8.31 for each 1000 gallons thereafter to $8.70 per 1000 gallons for all consumption and a $6.00 per month per user fee for Capital Replacement and specifically being to increase the sewer rates for in town customers from $7.25 per 1000 gallons of all metered water consumption to $8.25 per 1000 gallons of all metered water consumption. The sewer rates for out of town customers from $10.88 per 1000 gallons of all metered water consumption to $12.38 per 1000 gallons of all metered water consumption.
Motion carried.
On a recommendation by Mr. Williams, Chairman of the Personnel Committee and with all members present voting “aye”, Council voted to amend Chapter 7: Work Hours of the Employee Handbook by adding “Stand-by Pay”, specifically being: Stand-by is time that a designated non-exempt employee must remain available to report to work during off-duty hours, in accordance with his or her department’s operating procedures, but is normally not unduly restricted in his or her freedom to conduct personal business. An employee on stand-by is not required to remain at work or home and is free to engage in personal pursuits, with the understanding that he or she must be available by phone or pager to respond and report to work if necessary.
A non-exempt employee assigned to stand-by shall be compensated as follows for the stand-by time:
A.
One (1) hour regular pay for each 24-hour day, Monday through Friday, or regular work day of the employee’s assigned regular work schedule.
B. One (1) hour regular pay for each twelve (12) hour period on Saturday, Sunday,
observed holiday or other regularly scheduled day off.
C.
Stand-by pay may be awarded as the equivalent amount of time off in lieu of payment; however all unused stand-by hours must be paid out at the employee’s regular rate of pay at the end of each calendar year.
Motion carried.
On a motion by Mr. Lawson, seconded by Mr. Williams and with all members present voting “aye”, Council voted to adopt the following Ordinance: AN ORDINANCE TO AMEND the Code of the Town of Appomattox, Article II, Chapter 185, thereof, entitled Vehicle License Fee, by deleting and repealing § 185-10, 185-11, 185-12, 185- 13, 185-14, 185-15, 185-16, 185-17 and adding § 185-10, 185-11, 185-12, 185-13, 185-14, 185- 15, 185-16, as set forth more particularly herein.
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Be it ordained by the Council of the Town of Appomattox as follows:
Section 1. The Code of the Town of Appomattox is hereby amended by adding thereto new sections, to be Chapter 185, Vehicle License Fee, to read as follows:
§185-10. Vehicles required to be licensed – Situs; student owners; grace period. §185-11. Assessment of license fee §185-12. Amount of fee – Passenger motor vehicles; trucks; motorcycles; transitional provisions
for 2008 license year only.
§185-13. Exemptions and Reductions. §185-14. Payment of personal property taxes and license fee prerequisite. §185-15. License Year §185-16. Failure to pay license fee, personal property tax, etc: penalty.
§185-10. Vehicles required to be licensed – Situs; student owners; grace period.
(A) Every person who shall own or lease a motor vehicle normally garaged, stored or parked in the Town shall pay an annual Town License fee for such vehicle, as required herein.
(B) Persons who establish residence in the Town during the license year shall comply with the provisions of this article within thirty (30) days subsequent to establishing such residence.
(C) The situs for the imposition of licensing fees under this article shall in all cases, except as hereinafter provided, be the locality in which the motor vehicle is normally garaged, stored, or parked. If it cannot be determined where the personal property is normally garaged, stored, or parked, the situs shall be the domicile of its owner. In the event the owner of the motor vehicle is a full-time student attending an institution of higher education, the situs shall be the domicile of such student, provided the student has presented sufficient evidence that he has paid a personal property tax on the motor vehicle in his domicile.
§185-11. Assessment of license fee
(A) There is hereby assessed to any person owning a motor vehicle normally garaged, stored or parked in the Town of Appomattox on January 1st of each year an Appomattox Town motor vehicle license fee.
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June 30, 2008
(B) The Chief of each volunteer fire department and volunteer emergency rescue squad will prepare and certify a list of active members of his department or squad who regularly respond to calls or perform other duties for the department or squad and who reside within the corporate limits. The certified list will include the complete name of each individual, his residence address, and the identification number, and description of the cars owned or leased by such active member and to be certified for the exemption. Each individual so certified will complete the required application form, submit it to his chief who will attach all individual applications to the certified listing and submit to the Treasurer of the Town. After reviewing and comparing the certified listings and applications with the personal property tax rolls, the Treasurer will exempt to each certified member two license fees without charge. No member of a volunteer rescue squad or volunteer fire department shall be issued an exception for more than two vehicles free of charge.
§185-12. Amount of fee – Passenger motor vehicles; truck; motorcycles; transitional provisions for 2007 license year only.
(A) On each and every passenger vehicle and truck there shall be an annual license fee of twenty-five dollars; and on each and every motorcycle, with or without a sidecar, a license fee of twenty-four dollars.
(B) The amount of the license fee imposed by the Town of Appomattox under this article
shall not be greater than the amount of the license fee imposed by the Commonwealth on said vehicle.
(C) Transitional provisions effective for 2008 license year only. Notwithstanding the preceding subsections, in order to adjust the amount of the vehicle license fee for the 2008 license year in recognition of the transition from the former March 31, 2008 due date for decals to the new September 30, 2008 due date for vehicle license fees, the vehicle fee for the 2008 license year only is hereby reduced such that the fee shall be eighteen dollars ($18.00) on each and every passenger vehicle and truck, and is hereby reduced such that the fee on each and every motorcycle shall be seventeen ($17.00). This subsection shall automatically expire on or before September 30, 2008 and all annual Town license fees for the 2009 license year shall be payable on or before September 30th of each year, beginning September 30, 2009. All other license fees for vehicles not set out herein shall be adjusted in the same manner for license year 2008.
§185-13. Same-Exemptions and reductions.
The provisions of this article shall not be construed as to impose a license fee upon any motor vehicle when:
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(A) The motor vehicle is operated by a common carrier of persons or property operating between cities and towns in this Commonwealth and not in intracity transportation or between cities and towns on the one hand and points and places without cities and towns on the other not intracity transportation;
(B) Antique motor vehicles and antique trailers, as defined in VA CODE ANN 46.2-100,
registered and licensed by the State in accordance with VA CODE ANN 46.2-730a shall be exempt from the payment of the license fee levied under this article, provided that other conditions prescribed herein are met.
In order to qualify for exemption hereunder, an antique motor vehicle and antique trailer registered and licensed under VA CODE ANN 46.2-730 shall not be used for general transportation purposes, including, but not limited to, daily travel to and from owner’s place of employment, but shall only be used:
(i) For participation in club activities, exhibits, tours, parade, and similar events; and
(ii) On the highway of the Commonwealth for the purpose of testing their operation, obtaining repairs or maintenance, transportation to and from events as described in subdivision (i) of this subsection, and for occasional pleasure driving not exceeding 250 miles from the residence of the owner.
(C) All fees collected pursuant to this article shall be deposited by the Treasurer in the
general fund of the Town.
§185-14. Payment of personal property taxes and license fee prerequisite.
(A) No motor vehicle shall be licensed by the Department of Motor Vehicles until such applicant for such license has paid all personal property taxes and the licensed fee assessed hereunder upon the motor vehicle, to be licensed and until the Department of Motor Vehicles has been provided satisfactory evidence by the Treasurer of the Town of Appomattox that any delinquent motor vehicle, personal property taxes or license fees which have properly assessed or are assessable against the applicant by the Town have been paid.
(B) No motor vehicle license shall be issued by the Virginia Department of Motor Vehicles unless the tangible personal property taxes properly assessed or assessable by the Town on any tangible personal property used or usable as a dwelling, and owned by the taxpayer have been paid.
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(C) No motor vehicle license shall be issued by the Virginia Department of Motor Vehicles to an owner of a motor vehicle as to which a fee is required to be paid pursuant to this article qualified under the provisions hereof to a waiver of the fee until the applicant for such license or registration from the Department of Motor Vehicles has produced before the Appomattox Town Treasurer, or his agent, satisfactory evidence that all personal property taxes upon the motor vehicle have been paid and satisfactory evidence of any delinquent personal property taxes due with respect to the vehicle which have been properly assessed or are assessable against the owner have been paid.
§185-15. License Year.
The license year with respect to which the fee required to be paid under this article is assessed shall be January 1 through December 31 of each year. The fee assessed under this article shall be assessed to the owner of each motor vehicle as provided in this article for motor vehicles owned January 1 of each year. The fee shall be payable on or before September 30 of each year and with respect to any fees not paid at that time, a twenty dollar fee to reimburse the Town of Appomattox for costs associated with administration of the Vehicle Registration Withholding Program with the Commonwealth of Virginia Department of Motor Vehicles. The fee herein assessed will be based upon ownership of vehicles on fee day, that is, January 1 of each year, and the period for which the license is effective shall be January through December 31 of the next ensuing year.
§185-16. Failure to pay license fee, per personal property tax, etc; penalty.
(A) In the event that the license fee required by this Article is not paid, or if any personal property taxes, properly assessed against such vehicle, are not paid on or before September 30 of each year, with respect to each owner or co-owner of any motor vehicle as to which the license fee has not been paid, or any personal property taxes have not been paid, the Treasurer shall mail to the owner/co-owner by First Class Mail notice of intent to request the Commonwealth of Virginia Department of Motor Vehicles under the Vehicle Registration Withholding Program to deny his or her registration renewal with respect to the vehicle which is subject to the license fee or personal property tax herein. In the event of payment of that vehicle license fee and/or delinquent personal property taxes, the Treasurer shall provide the vehicle owner/co-owner an approved numbered receipt that clearly indicate that the vehicle fees and delinquent taxes to the locality, together with the penalty, interests and administrative fee herein above set forth.
(B) It shall be unlawful for any owner of a motor vehicle to fail to pay the local license fee
or personal property taxes assessed with respect to each motor vehicle after September 30 of each year.
(C) A violation of this section shall constitute a Class 4 misdemeanor and shall be punished
by a fine of one hundred dollars ($100.00).
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(D) A violation of this section by the registered owner of the vehicle shall not be discharged by prepayment of a fine or by payment of a fine imposed by the court except upon presentation of satisfactory evidence that the required license has been obtained.
Section 2. Effective Date.
ENACTED AND ORDAINED THE 30th day of June 2008. This ordinance shall become effective upon passage.
Motion carried.
On a motion by Mr. Williams, seconded by Ms. Jamerson-Scruggs and with all members present voting “aye”, Council voted to authorize the Town Manager to execute the Extension of Contract for Curbside Solid Waste Collection in the Town of Appomattox. Motion carried.
On a motion by Mr. Williams, seconded by Ms. Jamerson-Scruggs, the Appomattox Town Council voted to convene in Closed Session, pursuant to §2.2-3711 (A) 1 of the Code of Virginia, 1950, as amended, for the purpose of discussion of a specific public officer or appointee of the Town, specifically being Employee A.
Vote: Bennett – aye, Mayberry – aye, McDearmon – aye, Williams – aye, Jamerson-Scruggs – aye, Lawson – aye.
Now, therefore, be it resolved, that the Appomattox Town Council hereby certifies that to the best of each 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, Lawson – aye.
On a motion by Mr. Mayberry, seconded by Mr. McDearmon and with all members present voting “aye”, Council voted to adjourn at 7:35 p.m. Motion carried.
Roxanne W. Paulette, Clerk
John L. Wilson, Mayor