1 Regular Meeting
Monday, July 13, 2009
At the Regular Meeting of the Appomattox Town Council held on July 13, 2009 at 7:30 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 meeting to order.
Carlton Duck gave the invocation.
On a motion by Mr. Williams, seconded by Mr. Mayberry, Council voted to adopt the consent agenda of July 13, 2009 as presented. All members present voting aye. Motion carried.
On a committee recommendation by Bryan Baine, Chairman of the Street & Property Committee, Council voted to enact Chapter 177 of the Town Code of the Town of Appomattox:
Section 1. Chapter 177, Sections 1 – 4 shall be enacted as follows:
§ 177-1. Purpose and intent of this chapter.
A. It is the purpose of this chapter 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 within the Town of Appomattox.
B. The purpose of this chapter is to further promote the following:
- The planting, maintenance, restoration, and survival of desirable trees and shrubs within
the town.
- The protection of community residents and visitors from personal injury and property
damage, and the protection of the town from property damage, caused or threatened by the improper planting, maintenance, or removal of trees and shrubs, located on public property.
The reduction of erosion and sedimentation.
The reduction of storm water run-off and its associated costs.
The protection and enhancement of property values and aesthetic qualities in the town.
The protection and enhancement of the overall environment of the town.
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Monday, July 13, 2009
The protection of bird habitat as the Town of Appomattox is a bird sanctuary.
The enhancement of the quality of life of the town and its citizens.
To facilitate the long-range planning of tree care in the town.
§ 177-2. Establishment of Town Tree Board
A. There is hereby created and established the Town of Appomattox Tree Board, which shall be made up of seven members; five of which are to be citizens and residents of the Town of Appomattox, Virginia, and who are to be appointed by the town council. The town may appoint a member recommended by the Appomattox Garden Club, and non- residence in the town shall not impair the membership status of this individual. The Virginia State Forester shall serve as a standing member of the board.
B. Members of the tree board shall have skills and an expressed interest in at least one of the
following areas:
(1) Urban forestry.
(2) Landscaping.
(3) Arboriculture.
C. Terms of office.
(1) Each member shall be appointed for a term of two years, or until their successors
are appointed, except that the initial appointment of two members shall be for a one-year term, the remaining members for a two-year term.
(2) Members may be re-appointed to serve consecutive terms as determined
appropriate by the town council.
(3) The board shall elect a chair, vice chair and secretary/treasurer who shall serve
annual terms and may succeed themselves.
D. Minutes and rules.
(1) The board shall adopt such operating guidelines, rules and regulations as it may
consider necessary. The board shall have no executive authority, its powers being strictly advisory.
(2) The board shall keep minutes of its proceedings, showing the vote of each
member upon each question or, if absent or failing to vote, indicating such fact. It
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Monday, July 13, 2009
shall keep records of its examinations and other such official actions, all of which shall be immediately filed in the town office and shall be a public record.
(3) All meetings of the board shall be open to the public.
(4) A majority of its members shall constitute a quorum for the transaction of
business. In the event one or more seats on the board are vacant, a majority of the non-vacant seats shall constitute a quorum for the transaction of business.
(5)
The Board will meet monthly, or at least ten (10) times per year.
E. Compensation.
(1) Members of the board will serve without compensation.
§177-3. Duties.
The Appomattox Tree Board shall have the following duties:
(1) The tree board shall recommend tree preservation and enhancement ordinances.
(2)
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.
(3) The tree board shall promote programs that educate citizens about trees and their
benefits and assist in choosing appropriate trees and sites for planting.
(4) The tree board shall develop a capital tree management program for the public sector and with voluntary participation for the private sector. This plan shall be updated every five years.
(5) The tree board shall present an annual report each year to the town council, to
include:
a. A description of the activities conducted.
b. A report of activities ongoing and forecast for future projects.
(6)
The tree board shall plan and coordinate an annual Arbor Day observance.
(7) The tree board shall assist in such other duties as assigned.
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Monday, July 13, 2009
§177-4. Authority to receive funding and advisory services.
A. All persons interested in urban forestry in the town are invited to make gifts, devises and bequests to the town to be used for that purpose. All donations of money shall be made through the town treasurer, who is hereby authorized and directed to receive such donations. All such monies shall be used only for the purpose of planting, maintenance, and promotion of the urban forest in the town. Expenditures from these donations shall be made by the town manager as authorized, from time to time, by the town council.
B. The tree board may, with the consent of the town council, apply for federal, state, or
private grants or funding, and/or assistance, and to aid in the performance of their duties.
C. Upon request of the tree board with approval by the town manager, the departments,
boards, commissions, offices and agencies of the town government shall furnish to the Council such available information and render such service as may be needed in the performance of their duties.
All members present voting aye. Motion carried.
On a committee recommendation by Lewis McDearmon, Chairman of the Finance Committee, Council voted to amend and reenact Chapter 126-10 Licensing of the Town Code, with an effective date of January 1, 2010.
Section 1. Chapter 126-10: Licensee fee and tax rates shall be amended as follows:
126-10 Licensee fee and tax rates
A. Except as may be otherwise provided in Code of Virginia, 58.1-3712, 58.1-3712.1 and 58.1- 313, every person or business subject to licensure under this section with annual gross receipts of more than $100 shall be assessed and required to pay annually a license tax on all the gross receipts of such persons includable as provided in this section at a rate set forth below for the class of enterprise listed.
(1)
For contractors and persons constructing for their own account for sale, $0.10 per $100 of gross receipts ($0.16 per $100 maximum).
(2)
For retailers, $0.10 per $100 of gross receipts ($0.20 per $100 maximum).
(3) For financial, real estate and professional services, $0.10 per $100 of gross receipts ($0.58 per $100 maximum).
(4) For repair, personal and business services and all others businesses and occupations not specifically listed or exempted in this section listed or otherwise by law, $0.10 per $100 of gross receipts ($0.36 per $100 maximum).
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Monday, July 13, 2009
(5)
(6)
For wholesalers, $0.05 per $100 of purchase (see Code of Virginia, 58.1-3716 for limitation).
For carnivals, circuses and speedways, $500 for each performance held in this jurisdiction (see Code of Virginia, 58.1-3728 for limitations).
(7)
For fortune tellers, clairvoyants and practitioners of palmistry, $1,000 per year.
(8)
For massage parlors, $1,000 per year.
(9)
For itinerant merchants or peddlers, $500 per year (see limitation in Code of Virginia, 58.1-3717).
(10) For photographers with no regularly established place of business in Town or the state, $10 per year (see limitation in Code of Virginia, 58.1-3727).
(11) For permanent coliseums, arenas or auditoriums having a maximum capacity In excess of 10,000 person, open to the public, $1,000 per year (see limitation In Code of Virginia, 58.1-3729).
(12) For savings and loan associations and credit unions, $50 per year.
(13) For direct sellers as defined in Code of Virginia, 58.1-3719.1, with total annual
sales in excess of $4,000, $0.02 per $100 of total annual retail sales or $0.05 per $100 of total annual wholesale sales, whichever is applicable.
(14) For one or more amusement machines, pinball machines, as defined by Code of
Virginia, 58.1-3720, license fee shall be $50 in addition to any other license fee
imposed.
All members present voting aye. Motion carried.
On a motion by Councilmember Mayberry, seconded by Councilmember Jamerson-Scruggs, Council voted to award the website design to Prototype Advertising for a contract price of $14,915.83 plus $220.00/month for maintenance. All members present voting aye. Motion carried.
Council Concerns – none
On a motion by Councilmember Mayberry, seconded by Councilmember Jamerson-Scruggs, Council voted to adjourn at 7:55 pm. All members present voting aye. Motion carried.
Roxanne W. Paulette, CMC Clerk
Paul D. Harvey, Mayor