June 29, 2010 Council Regular Minutes

1 Appomattox Town Council

Workshop Meeting June 29, 2010

At the May Workshop Meeting of the Appomattox Town Council held on June 29, 2010 at 7:00 pm in the Council Chambers, Appomattox Municipal Building, 210 Linden Street, Appomattox, Virginia, there present were Mayor Paul D. Harvey, presiding.

Council members present: Bryan J. Baine, N. H. “Jimmy” Mayberry, C. Lewis McDearmon, Jr., and John T. “Plicky” Williams. Absent: Karl E. Carter and Jennifer Jamerson-Scruggs.

Also in attendance were: Janet Robertson, Stephanie James, Paul and Cynthia Spiggle, Wade, Olivia and Gus Spiggle, Mary Lou Spiggle, Hazel Thomas, Cliff Harvey, Greer Harris, A. J. and Ashley Lucado, Jennifer Spencer, Jonathan Garrett, Camden Joy, Alison and Timmy Garrett, Will Simmons, Nolan Connelly, Ronnie Lankford, Nina Beasley, Joyce Bennett, Lucy Harvey, Benny Harvey, David Garrett, Sonny and Nancy Conner, Sam Carter, Jeff Elder, Chad Millner, Ronnie Spiggle, Earl Dickerson, June & Bill Goodrich, Bill Smith, Steve Conner, Stacey Wilkes, Town Treasurer, David Hawkins, Town Attorney, Bart S. Van Nieuwenhuise, Town Manager; Roxanne W. Paulette, Clerk.

Mayor Harvey called the meeting to order.

Mayor Harvey thanked and welcomed everyone.

Bart S. Van Nieuwenhuise, Town Manager presented plaques of service recognition to John T. “Plicky” Williams, Bryan J. Baine, Karl E. Carter and Jennifer Jamerson-Scruggs for the service to the Town of Appomattox.

Janet A. Robertson, Clerk of the Circuit Court, Appomattox County administered the Oath of Office to Mayor Paul D. Harvey, Timothy W. “Timmy” Garrett, Steven T. “Steve” Conner, Mary Lou Spiggle, Joyce B. Bennett, N. H. “Jimmy” Mayberry, C. Lewis McDearmon, Jr. for the term of July 1, 2010 – June 30, 2012.

On a motion by Councilmember McDearmon, seconded by Councilmember Williams, Council voted to adopt the following resolution:

AN APPROPRIATIONS RESOLUTION OF THE APPOMATTOX TOWN COUNCIL ADOPTING THE FISCAL YEAR 2010-2011 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 2010-2011 Budget was published on May 26, 2010 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 14, 2010;

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Workshop Meeting June 29, 2010

SECTION III: NOW, THEREFORE, BE IT RESOLVED, that the Appomattox Town Council meeting in General Session on June 29, 2010, does hereby approve the following General Fund Expenditures by Category for Fiscal Year 2010-2011;

GENERAL FUND; EXPENDITURES BY CATEGORY: Council Administrative Department Professional Police Department Fire Department Street Department Sanitation Department Property Maintenance & Construction Town Shop Donation/Contributions Zoning Town Office TOTAL GENERAL FUND EXPENSES

40,895. 535,625. 50,000. 55,500. 23,000. 530,377. 80,000. 207,000. 15,200. 37,100. 28,400. 22,850. 1,625,947.

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 60% tax relief; • Personal use vehicles valued at $20,001 or more shall only receive 60% 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

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Workshop Meeting June 29, 2010

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 2010-2011;

GENERAL FUND; REVENUES BY CATEGORY: Current Taxes – Real Estate Current Taxes – Personal Property Delinquent Taxes Bank Stock Tax Meals Tax Lodging Tax Franchise Tax Consumption Tax Vehicle License Tax Business License Zoning Interest Rental of Misc. Property Motor Vehicle Tax Sales Tax Aid to Police Department (HB599) Fire Programs Use of Reserve (CD) Use of Beginning Balance TOTAL GENERAL FUND REVENUES

175,000. 135,000. 5,000. 90,000. 425,000. 30,000. 5,500. 8,000. 25,000. 150,000. 1,000. 3,000. 10,000. 3,000. 45,000. 42,911. 8,000. 281,000. 183,536. 1,625,947.

SECTION VI: BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Tourism Fund Expenditures for Fiscal Year 2010-2011;

TOURISM FUND; EXPENDITURES BY CATEGORY: Tourism Department TOTAL TOURISM EXPENDITURES

231,720. 231,720.

SECTION VII: BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Tourism Revenue estimates for Fiscal Year 2010-2011;

TOURISM FUND; REVENUES BY CATEGORY: VIC Gift Shop Transfer from General Fund TOTAL TOURISM FUND REVENUES

20,000. 211,720. 231,720.

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Workshop Meeting June 29, 2010

SECTION VIII: BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Water Fund Expenditures for Fiscal Year 2010-2011;

WATER FUND; EXPENDITURES BY CATEGORY: Water Department TOTAL WATER EXPENDITURES

1,070,453. 1,070,453.

SECTION IX: BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Water Fund Revenue estimates for Fiscal Year 2010-2011;

WATER FUND; REVENUES BY CATEGORY: Water Sales Connection Fees Availability Fees Reconnect Fees Rental of Misc. Property Beginning Balance of CD Use of Beginning Balance Grants Bond Proceeds Capital Fees TOTAL WATER REVENUES

400,000. 4,000. 3,000. 3,000. 70,000. 50,500. 35,329. 250,000. 200,000. 54,624. 1,070,453.

SECTION X: BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Sewer Fund Expenditures for Fiscal Year 2010-2011;

SEWER FUND; EXPENDITURES BY CATEGORY: Sewer Department TOTAL SEWER EXPENDITURES

1,576,049. 1,576,049.

SECTION XI: BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Sewer Fund Revenue estimates for the Fiscal Year 2010-2011;

SEWER FUND; REVENUES BY CATEGORY: Sewer Sales Connection Fees Availability Fees County Reimbursement SBR & IDA PS Beginning Balance of Certificate of Deposit Bond Proceeds

650,000. 5,000. 8,000. 79,000. 33,500. 400,000.

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Workshop Meeting June 29, 2010

Grants Use of Beginning Balance TOTAL SEWER REVENUES

250,000. 150,549. 1,576,049.

SECTION XII: BE IT FURTHER RESOLVED, that the Appomattox Town Council may amend the Fiscal Year 2010-2011 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 2010-2011 is hereby adopted, effective July 1, 2010 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 29th day of June, 2010.

Motion carried.

On a motion by Councilmember Mayberry, seconded by Councilmember McDearmon, Council voted to adopt an amendment to the Water and Sewer Policy to include User Charges Connection and Availability Fee Administrative Policy revised to equalize in-town and out-of town water and sewer monthly billing rates, connection and availability fees, including the omission of the out of town rate factor of 1.5 with an effective date of July 1, 2010. Vote: Mayberry – aye, McDearmon – aye, Williams – aye, Baine – no. Motion carried 3 to 1.

Standing Committee Reports Finance – Mr. McDearmon reported that we just passed the budget.

Fire & Safety – none

Ordinance – none

Personnel – Mr. Williams reported that the committee yesterday, June 28, 2010 and has nothing to report.

Street & Property – none.

Utility – none

Staff Reports Mr. Van Nieuwenhuise read the staff updates for June 2010 for the Town Manager, Clerk of Council, Utility Director, Director of Tourism and Water & Wastewater Treatment Supervisor.

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Mr. Wilkes gave her report. The auditors will be in the office on July 19 & 20, 2010. There will likely be several budget adjustments that will be needed at the August Workshop meeting.

Council Concerns Mr. Baine – It has been an honor and privilege to serve and especially wants to thank the town staff who works very, very hard and a high degree of professionalism. While it has its own rewards it is under appreciated.

Mr. Williams – Thanked the Town of Appomattox residents for your support over the years and the staff for your hard work. May God bless each of you. It too has been an honor and privilege for me to have served the past four (4) years. I hope that God will continue to bless the Town of Appomattox.

On a motion by Councilmember McDearmon, seconded by Councilmember Mayberry, Council voted to adjourn at 7:30 p.m. All members present voting aye. Motion carried.

Roxanne W. Paulette, CMC

Paul D. Harvey, Mayor