July 13, 2009 Council Hearing Minutes

1 Public Hearing

Monday, July 13, 2009

At the Public Hearing of the Appomattox Town Council held on July 13, 2009 at 6:30 pm in the Council Chambers, Appomattox Municipal Building, 210 Linden Street, Appomattox, Virginia, there present were Mayor Paul D. Harvey, presiding and Council members Bryan J. Baine, N. H. “Jimmy” Mayberry, C. Lewis McDearmon, Jr., John T. “Plicky” Williams, Karl E. Carter and Jennifer Jamerson-Scruggs. Also in attendance were Steve Conner, Jonathan Garrett, Chad Millner, Nina Beasley, Hazel Thomas, Rick Butler, Stephanie James, Sarah Watson, Mr. and Mrs. Goodrich, G. H. Jamerson, Cliff Harvey, Sam Carter, Barbara Shelton, Mary Lou Spiggle, Joyce Bennett, Bart S. Van Nieuwenhuise, Town Manager and Roxanne W. Paulette, Clerk.

Mayor Harvey called the public hearing to order.

Mayor Harvey asked for citizen comments regarding Chapter 177 – Article I – Urban Forestry of the Code of the Town of Appomattox.

Steve Conner – All I see coming from the town is regulations and control. A while back you (Council) passed a landscaping ordinance and all you tell people is this going to affect you. It’s another hurdle for people to jump to utilize their property. We already pay enough in taxes in these hard economic times. What are the requirements? I have one or two dead trees at my office and I want to know if I have plant something back if I take it down? We need to try to be more business friendly rather than driving them away. I don’t think it’s necessary. I am against it – and a lot of people are – too many regulations and hoops for the property owners, business owners and taxpayers.

Mary Lou Spiggle – 129 Pine Street, Appomattox, Virginia – Mr. Mayor and members of Council, thank you for the opportunity to speak to you tonight in this public forum. The purpose for me speaking to you tonight is to address several points in the Tree Board Ordinance I have in front of me tonight. It states that the purpose…to promote and protect the public health, safety and general welfare by providing for the regulation of the planting, maintenance, preservation and removal of trees and shrubs, on public property with the Town of Appomattox. So, what does this mean exactly? Lets keep reading…Further down the town tree board will among other things…The tree board shall investigate, develop, update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan shall be presented annually to the town council and upon their acceptance and approval shall constitute the official comprehensive tree plan for the Town of Appomattox. Here’s where it gets good…Every property owner here has trees bordering street. This is very troubling to me. When this issue came up I was told this would have nothing to do with private property. Read again – not just public sector. Since an ordinance is a law or regulation it must be obeyed. How’s going to enforce? Has anyone asked the Sheriff if he is going to enforce – How much will it cost to comply with the ordinance – the people are struggling & so is the town. The City of Lynchburg and Town of Farmville both have the Tree City USA program. We are NOT the City of Lynchburg or Farmville for that matter. What about down the road – A little research provided me a typical ordinance reads as follows: On the Arbor Day Foundation – one benefit is to attract more business to the town –I believe having an adequate reliable water source that doesn’t go into water restrictions every time there is a drought is more attractive to businesses than a Tree City USA. And, remember trees need water too.

2 Public Hearing

Monday, July 13, 2009

Before you adopt this ordinance as it is written you should take a hard look at your own yards before dictating to others what they should do with their own. Thank you for giving me the opportunity to speak to you regarding this issue.

Deborah Lester – Swan Road, Pamplin, Virginia – I own a business in Appomattox – The Appomattox Gallery – The reason I am here in Appomattox is because it doesn’t over regulate. At the same time, there are trade offs in everything you have to do. I believe what Mr. Baine was trying to do was not to create a wedge to over regulate our lives but I am not opposed to thinking that the ordinance may need to be looked at again to make sure that we are not infringing on peoples person lives. If you think that appearance has nothing to do with economic development you should rethink that. We have been concerned about your children having to leaving this county to follow their ambitions. As a business owner, I think it is my responsibility to plant and maintain trees on my property. If the trees are endangering property or anyone, property owners should maintain those. Thank you.

Rick Butler – Appomattox County Forester – I do not want you to blame council for this – blame me – I approached Bryan Baine about the town becoming a Tree City USA. The reason for this is giving the benefits of the Town, providing income for the Town. There are a number of grants available for the town to become a Tree City USA. Our department is reasonable for managing most of the urban tree money for the state. I have been told that if I can get Appomattox to become a Tree City we will see that they get money. The state wants smaller town like Appomattox to benefit from the Tree City USA program. I have been approached a number of times regarding trees in the town. If the tree is dead it is a liability, if it is alive I can’t tell people what to do with their trees. I commend the people for having interest in this ordinance.

There were no other comments regarding Chapter 177 – Urban Forestry.

Mayor Harvey asked for public comments regarding Chapter 126 – Licensing.

Mayor Harvey read a letter received by the Town from Mr. Bill Burke, President, Cardinal Chevrolet.

July 13, 2009

To: Mayor Paul Harvey, and Members of the Town Council

From: Bill Burke, President of Cardinal Chevrolet, Inc.

Subject: 100% Increase in License Tax on Gross Receipts

Ladies and Gentlemen,

In economic times like we have been operating in for the past 2 years, how in the world can you propose a 100% increase in our business license based on our gross receipts??

3 Public Hearing

Monday, July 13, 2009

This is ridiculous. At a time when most businesses have suffered a 50% drop in revenue the past 2 years, this is just pouring salt on the wound.

For some of our smaller retailers, this may not be a problem, but in our case with the price of vehicles today, and parts and service, this is a major expense for our business.

Please reconsider this increase at this time. I can understand a 1 or 2 cents increase per 100, but not a 100% increase.

With kindest regards,

Bill Burke, President

G. H. Jamerson – Jamerson Brothers Trucking Co. – 249 Jamerson Lane, Appomattox I can’t agree with Mr. Burke more, the times we are in today everything is going up. We are currently operating on 1999 transportation freight prices. Jamerson Brother Trucking paid $225.00 for a contractor’s license in 2008. I would like to know how we will be classified under this new ordinance. Will it be by gross receipts for the contracting we do here in the Town of Appomattox? We haul a little fertilizer for Coleman and Sons and contract for Armstrong Furniture or will it be on a contract basis through other states? I would just like an answer to that. Thank you for your time.

Deborah Lester – Appomattox Gallery – Church Street, Appomattox – The Gallery had the worst month in June 2009 since it opened and July isn’t looking much better either. I am asking for a smaller increase. I know you need some type of an increase. I would just ask that you consider a smaller one. Thank you

Mayor Harvey thanked everyone for attending and speaking at the public hearing.

Mayor Harvey closed the public hearing at 7:30 pm.

Roxanne W. Paulette, CMC Clerk

Paul D. Harvey, Mayor