1 Regular Council Meeting Monday, May 13, 2013
The Appomattox Town Council held a regular council meeting on Monday, May 13, 2013 at 7:30 p.m. at the Appomattox Municipal Building, 210 Linden Street, Appomattox, Virginia with Mayor Harvey presiding.
Members present: Timothy W. “Timmy” Garrett, Mary Lou Spiggle, N. H. “Jimmy” Mayberry, Steven T. “Steve” Conner and Claudia Puckette.
Absent: C. Lewis McDearmon, Jr.
Others: Johnny Roark, Stephanie James, Katrina Koetring, Carlton Duck, Stacey Wilkes, Town Treasurer; Bill Gillespie, Interim Town Manager and Roxanne W. Paulette, Clerk of Council.
Mayor Harvey called the meeting to order and welcomed all guests and visitors.
Rev. Carlton Duck delivered the invocation.
Rev. Carlton Duck led the Pledge of Allegiance.
Public Hearing Item #1 Mayor Harvey opened the Public Hearing and stated the purpose:
WATER AND SEWER CONNECTION & AVAILABILITY FEES The purpose of the public hearing is to hear citizen comments for proposed changes to the Water and Sewer Policy User Charges (including Water and Sewer Rates), Connection and Availability Fees Administrative Policy with an effective date of July 1, 2013.
a) Proposed Water and Sewer Connection Fees:
Water • Standard ¾” water connection with water main located on same side of the road as
the residents $1,200.00 $1,500.00.
• 1” Water Connection - $2,000.00 • Multi-Family/Unit - $1,200.00 • For connection larger than ¾”, and require installing service line across any primary or secondary roads, cost of connection shall be at cost of materials and labor.
Sewer • Standard 4” residential connection with sewer main located on the same side of the
as the residents $1,900.00 $2,200.00.
• 6” Sewer Connection - $2,600.00 • For connection larger than the standard, and or installing service line across any primary or secondary roads, cost of connection shall be at cost of materials and labor.
2 Regular Council Meeting Monday, May 13, 2013
b) Proposed Water and Sewer Availability Fees:
Single Family Dwelling ¾” Water & 4” Sewer 1” Water & 6” Sewer
WATER $1200.00 $2,500.00 $3,500.00
SEWER $1900.00 $3,000.00 $5,000.00
These rate changes are to be enacted pursuant to Section 15.2-2109 et. seq., with specific reference being made to Sections 15.2-2119 and 15.2-2122, of the Code of Virginia, 1950 as amended.
There were no public hearing comments regarding this item.
Mayor Harvey closed the hearing.
Public Hearing Item #2 Mayor Harvey opened the Public Hearing and stated the purpose:
The purpose of this public hearing will be to receive public comments concerning adoption by the Town Council of:
- To amend and reenact Chapter 175, Article III – Meals Tax by amending Sections 6 - 17 of the Code of the Town of Appomattox, Virginia, specifically noting §175-7 – Levy, There is hereby imposed and levied by the Town on each person a tax at the rate of 5% 8% on the amount paid for meals purchased from any food establishment, whether prepared in such food establishment or not, and whether consumed on the premises or not.
Comments: Mayor Harvey read into the record a letter received from Sheila Palamar, The Babcock House.
Mayor Harvey and Town Council.
As you know the state has increased sales tax to 5.03 % effective July 1, 2013 With a 3% increase in Meals and Lodging tax this would take our tax to 13.3 %. This will impact our local customers who already are having to think twice about going to dine out. I understand the need for more money in the budget. With the cuts that were made to tourism, Lodging and Restaurants was impacted greatly. I feel like the small business are being targeted again. I ask that you reconsider a 3% increase and try to look at the budget again perhaps with only a 1% increase at this time. Thank You for your consideration in this matter.
Sheila Palamar The Babcock House
Jessie Murdock, 318 Linden Street, Appomattox, Virginia – At what point do we see taxation as having a limit? He urges Council not to raise taxes and thinks there are wiser ways to raise money.
3 Regular Council Meeting Monday, May 13, 2013
Mayor Harvey closed the hearing.
Public Hearing Item #3 Mayor Harvey opened the Public Hearing and stated the purpose:
The purpose of this public hearing will be to receive public comments concerning adoption by the Town Council of:
- To amend and reenact Chapter 33, Procurement Policy by amending Section 3 of the Code of the Town of Appomattox, Virginia, specifically C – Limitations on spending authority and supporting provisions.
There were no public comments regarding this item.
Mayor Harvey closed the hearing.
Public Hearing Item #4 Mayor Harvey opened the Public Hearing and stated the purpose:
The purpose of this public hearing will be to receive public comments concerning the following:
- Proposed FY 2014 Budget for the Town of Appomattox - In accordance with §15.2-
2506 Code of Virginia, the following is a brief synopsis of the budget proposed by the Town of Appomattox for FY 2014:
GENERAL FUND EXPENDITURES WATER FUND EXPENDITURES SEWER FUND EXPENDITURES TOTAL EXPENDITURES
GENERAL FUND REVENUE WATER FUND REVENUE SEWER FUND REVENUE TOTAL REVENUE
1,518,700.00 492,395.00 794,600.00 2,805,695.00
1,518,700.00 492,395.00 794,600.00 2,805,695.00
There we no public comments regarding this item.
Mayor Harvey closed the hearing.
Scheduled Public Appearances – Johnny Roark, Appomattox County Planner and a consultant company appeared before Council to provide three (3) alternatives to the gateway corridor along Old Courthouse Road. VDOT has been consulted throughout this process. A lot has been included in this document. They will be putting together a draft planning document. Council thanked them for coming and presenting this plan.
4 Regular Council Meeting Monday, May 13, 2013
Mayor’s Comments – Mayor Harvey stated his well wishes to Mr. McDearmon.
Consent Agenda On a motion by Ms. Spiggle, seconded by Mr. Mayberry, Council voted to approve the consent agenda of May 13, 2013 with the addition of NB #2 – Consideration to accept the Boundary Line Adjustment area offered by the Appomattox County Board of Supervisors, specifically property identified on the eastbound and westbound sides of Route 460 (Richmond Highway) contiguous to the current corporate limits of the Town of Appomattox as identified on the attached map. All members present voting aye. Motion carried.
Unfinished Business – none
New Business –
On a motion by Mr. Conner, seconded by Mr. Garrett, Council voted to accept the recommendation from the Town Planning Commission and adopt an ordinance of vacation for the unopened portion of Lizzie Street. All members present voting aye. Motion carried.
Ordinance of Vacation
[Unopened Portion of Lizzie Street connecting to the Ethel Street Extension]
WHEREAS, a plat entitled “Boundary Line Adjustment Survey”, dated October 3, 2011, Divided December 9, 2011, by Elizabeth R. Rosser, was recorded in Plat Cabinet 1, Slide 182A, in the Clerk’s Office of the Circuit Court of Appomattox County, Virginia (the “Original Plat”);
WHEREAS, the Original Plat showed certain portions of the premises set apart for streets, alleys, parking areas or other public uses which, by recordation of the plat were intended to be transferred in fee simple to the Town of Appomattox in accordance with Virginia Code Ann. Sec. 15.2-2265 or its predecessor statute;
WHEREAS, among certain portions of the platted premises so intended to be transferred in fee simple to the Town of Appomattox was that certain property being identified as “Parcel 1” containing 0.106 acre, “Parcel 2” containing 0.050 acre and “Parcel 3” containing 0.055 acre, all as shown upon a plat of survey entitled “Boundary Line Adjustment Survey, 0.211 Acre, Surveyed for: Town of Appomattox, Source of Title: Town of Appomattox D.B. 24 P.184,” made by Elizabeth R. Rosser, L.S., dated October 13, 2011, Divided December 9, 2011, and recorded in the clerk’s office aforesaid at the Appomattox County Courthouse, which area remains an unopened street;
WHEREAS, said street has never been opened, and there is no further need for the
unopened street to be opened;
5 Regular Council Meeting Monday, May 13, 2013
WHEREAS, it is the desire of the Town of Appomattox, acting by and through its Town Council, to vacate that portion of the New Plat identified as Parcels 1, 2 and 3 by Ordinance of Vacation in accordance with the provisions of Virginia Code Ann. Sec. 15.2-2272;
WHEREAS, the effect of such vacation shall be to vest such title as the Town of Appomattox may possess to the centerline of such unopened street so vacated, free and clear of any rights of the public, but subject to the rights of the owners of any public utility installations which have been previously erected therein, in accordance with the provisions of Virginia Code Ann. Sec. 15.2-2274, equally in the owners of abutting properties as follows:
Parcel 1 containing 0.106 acre, more or less, shall be added to T.M. No. 64A6-1-I-7A
owned by Bonnie S. Cunningham;
Parcel 2 containing 0.050 acre, more or less, shall be added to T.M. No. 64A6-2-B
owned
by Jacqueline P. Hamlette and Troy Q. Coker;
Parcel 3 containing 0.055 acre, more or less, shall be added to T.M. No. 64A6-1-H-2
owned by Edward D. Austin, Jr. and Leslie C. Austin;
NOW, THEREFORE, BE IT ORDAINED, that in accordance with the provisions of
Virginia Code Ann. Sec. 15.2-2272 that portion of the unopened section of Lizzie Street identified on the New Plat as “Parcel 1” containing 0.106 acre, “Parcel 2” containing 0.050 acre and “Parcel 3” containing 0.055 acres shall be, and the same hereby is, vacated, a public hearing thereon having been duly advertised in accordance with the provisions of Virginia Code Ann. Sec. 15.2-2204;
BE IT FURTHER ORDAINED, that a certified copy of this Ordinance of Vacation shall
be recorded after the expiration of thirty (30) days from the date hereof, unless appealed to the Circuit Court for the County of Appomattox, Virginia, and thereafter if this Ordinance of Vacation is affirmed by said Court, in the Clerk’s Office of the Circuit Court of Appomattox County, Virginia;
BE IT FURTHER ORDAINED, that in accordance with the provisions of Virginia Code Ann. Sec. 15.2-2274, the recordation of this Ordinance of Vacation as required in the preceding paragraph shall operate to destroy the force and effect of that portion of the Original Plat so described above and so vacated and to vest such title as the Town of Appomattox may possess free and clear of any rights of the public, but subject to the rights of the owners of any public utility installations which have been previously erected therein, in accordance with the provisions of Virginia Code Ann. Sec. 15.2-2274, equally in the owners of abutting properties as follows:
Parcel 1 containing 0.106 acre, more or less, shall be added to T.M. No. 64A6-1-I-7A
owned by Bonnie S. Cunningham;
Parcel 2 containing 0.050 acre, more or less, shall be added to T.M. No. 64A6-2-B owned by Jacqueline P. Hamlette and Troy Q. Coker; Parcel 3 containing 0.055 acre, more or less, shall be added to T.M. No. 64A6-1-H-2
owned by Edward D. Austin, Jr. and Leslie C. Austin;
The vote was:
Aye: 5 Nay: 0 Absent: 1
6 Regular Council Meeting Monday, May 13, 2013
On a motion by Mr. Garrett, seconded by Ms. Spiggle, Council voted to accept the Boundary Line Adjustment area offered by the Appomattox County Board of Supervisors, specifically property identified on the East Bound and West Bound sides of Route. 460 contiguous to the current corporate limits of the Town of Appomattox as identified on the attached map. All members present voting aye. Motion carried.
Staff Reports – Mr. Gillespie reported that Norfolk Southern is scheduled to begin working to repair the Court Street crossing the week of May 20-23, 2013.
Citizen Comments: None
Council Concerns: Ms. Puckette thanked Mr. Roark – this plan looks very nice.
On a motion by Mr. Mayberry, seconded by Mr. Garrett, Council voted to adjourn at 810 p.m. All members present voting aye. Motion carried.
Roxanne W. Paulette Clerk
Paul D. Harvey Mayor