1 Regular Council Meeting
Wednesday, October 16, 2013
The Appomattox Town Council held a regular council meeting on Wednesday, October 16, 2013 at 7:30 p.m. at the Appomattox Municipal Building, 210 Linden Street, Appomattox, Virginia with Mayor Harvey presiding.
Members present: C. Lewis McDearmon, Jr., Mary Lou Spiggle, N. H. “Jimmy” Mayberry, Steven T. “Steve” Conner, and Claudia G. Puckette. Timothy W. “Timmy” Garrett – absent
Others: Tom Adams, Chad Millner, Sam Carter, Cathy Sherman, Bobby Harrison, Alive Media TV; George Bergdoll, Stephanie James, Katrina Koetring, Barbara Shelton, Karen Fratrick, Jeff Elder, Facilities Director; Stacey Wilkes, Town Treasurer; Bill Gillespie, Town Manager and Roxanne Paulette, Clerk of Council.
Mayor Harvey called the meeting to order and welcomed the visitors.
Bobby Harrison led the prayer and Pledge of Allegiance.
Public Hearing – Mayor Harvey opened the public hearing.
The purpose of the public hearing is to hear citizen comments regarding a Voluntary Boundary Adjustment between the Council of the Town of Appomattox, Virginia and the Board of Supervisors of the County of Appomattox, Virginia. The Council intends to approve a Voluntary Boundary Adjustment whereby certain parcels of land now located in the County would be brought within the Corporate limits of the Town.
The parcels of land which would become a part of the Town are listed in the office of the Commissioner of Revenue, as follows: 63-((A))-52A; 63-((A))-52; 63-((A))-55; 63-((A))-54 & 56; a part of 63-((A))-58; 63-((2))-1.
There were no comments during the public hearing.
Mayor Harvey closed the public hearing.
Mayor’s Comments – Mayor Harvey thanked staff and the Railroad Festival committee for another successful RRF particularly due to the wet conditions throughout the weekend.
Consent Agenda – On a motion by Councilmember Mayberry, seconded by Councilmember McDearmon, Council voted to adopt the consent agenda as presented with the addition on NB #9 – Consideration to adopt a resolution – Irrevocable Election Not to Participate in Virginia Local Disability Program (VRS). All members present voting aye. Motion carried.
2 Regular Council Meeting
Wednesday, October 16, 2013
New Business –
On a motion by Councilmember Spiggle, seconded by Councilmember Puckette, Council voted to approve the Voluntary Boundary Adjustment Agreement and authorize the Mayor, Paul Harvey to execute on behalf of the Town of Appomattox.
Voluntary Boundary Adjustment Agreement
This agreement made and entered into this _ day of __, 2013, by and
between the County of Appomattox, VA (“County” herein) and the Town of Appomattox (“Town” herein).
---WITNESSETH---
That for and in consideration of the mutual benefits to these political subdivisions of the
Commonwealth of Virginia, the County and Town hereby covenant and agree pursuant to Section 15.2-3106 et seq., Code of Virginia as follows:
1)
2)
3)
4)
That a portion of the boundary line between County and Town shall be changed and a new line established, which change shall have the effect of bringing a portion of the geographical area of the County within the corporate limits of the Town.
That County and Town has followed the procedures set forth in Section 15.2-3107 of the code of Virginia before taking action to adopt this Agreement.
That County and Town shall as soon as practicable after adoption of this Voluntary Boundary Agreement file a Petition for approval of said Agreement in the Circuit Court for Appomattox County following the procedure as set forth in Sec. 15-2-3108, Code of Virginia. That the costs of said proceedings, including, but not limited to, survey and court costs shall be borne equally between County and Town.
That the change of said boundary line is more particularly set forth in Exhibit “A” attached hereto. In said exhibit the existing boundary line is shown as “Town Limits” on the legend and the new boundary line is shown in “red”. The effect will be to bring into the corporate limits of the Town the following tax map parcels as set forth in the office of the Commissioner of the Revenue for Appomattox County, as follows: 63-((A))-52A; 63-((A))-52; 63((A))-55; 63-((A))- 54 & 56; a part of 63-((A))58; 63-((2))-1.
WITNESS THE FOLLOWING SIGNATURES AND SEALS this the _ day of __, 2013.
Vote: McDearmon – aye, Spiggle – aye, Mayberry – aye, Puckette – aye, Conner – no, Garrett – absent. Motion carried 4 to1.
3 Regular Council Meeting
Wednesday, October 16, 2013
On a motion by Councilmember Spiggle, seconded by Councilmember Conner, Council voted to enact the Code of the Town of Appomattox, Chapter 32, Section 1 through 9, entitled “Economic Development Authority”.
AN ORDINANCE TO ENACT the Code of the Town of Appomattox, Chapter 32, Sections 1 through 9.
Be it ordained by the Council of the Town of Appomattox, as follows:
Part I: Administrative Legislation. Chapter 32: “Economic Development Authority,” Sections 1 through 9 shall be enacted as follows:
State law reference: Authority for creation of economic development authority, Code of Virginia, §15.2- 4900, et. seq.
§32-1. Creation.
There is hereby created, pursuant to the provisions of §§15.2-4900 through 15.2-4920, inclusive of the Code of Virginia, 1950, as amended, a political subdivision of the Commonwealth, to be known as an Economic Development Authority, with such public and corporate powers as are set forth in such sections of the Code of Virginia.
§32-2. Name.
The name of the Authority shall be the “Economic Development Authority of the Town of Appomattox, Virginia.”
§32-3. Powers and duties generally.
The Authority shall have the same powers, duties and obligations as set forth in §§15.2-4900 through 15.2-4920, inclusive, of the Code of Virginia, 1950, as amended.
§32-4. Board of directors – Appointment; number.
The Authority shall be governed by a Board of Directors in which all powers of the Authority shall be vested and which Board shall be composed of seven directors, appointed by the Town Council.
§32-5. Same – Terms of office; oath, residence; removal from office.
The seven directors shall be appointed initially for terms of one, two, three, and four years; two being appointed for one-year terms; two being appointed for two year terms; two being appointed for three- year terms and one being appointed for a four-year term. Subsequent appointments shall be for terms of four years, except appointments to fill vacancies which shall be for the unexpired terms. All terms of office shall be deemed to commence upon the date of the initial appointment to the authority, and thereafter, in accordance, with the provisions of the preceding sentence. If at the end of any term of office of any director a successor thereto has not been appointed, then the director whose term of office has expired shall continue to hold office until his successor is appointed and qualified. Each director shall, upon appointment or reappointment, before entering upon his duties, take and subscribe the oath prescribed by §49-1 of the Code of Virginia, 1950, as amended. No director shall be an officer or
4 Regular Council Meeting
Wednesday, October 16, 2013
employee of the Town, except that members of the Town Council may serve as directors provided they do not comprise a majority of the Board.
Every director shall, at the time of his appointment and thereafter, reside in the Town of Appomattox or an adjoining locality. When a director ceases to be a resident of the Town of Appomattox adjoining jurisdiction, the director’s office shall be vacant and a new director may be appointed for the remainder of the term.
A member of the Board of Directors of the Authority may be removed from office by the Town Council of Appomattox without limitation in the event that the board member is absent from any three consecutive meetings of the Authority, or is absent from any four meetings of the Authority within any 12-month period. In either such event, a successor shall be appointed by the Town Council for the unexpired portion of the term of the member who has been removed.
§32-6. Same – Officers; compensation.
The directors shall elect from their membership a chairman, a vice-chairman, and from their membership or not, as they desire, a secretary and treasurer, or a secretary-treasurer, who shall continue to hold such office until their respective successors shall be elected. The directors shall receive no salary but may be compensated such amount per regular, special or committee meeting or per each official representation as may be approved by the Town Council, not to exceed two hundred dollars ($200.00) per meeting or official representation, and shall be reimbursed for necessary traveling and other expenses incurred in the performance of their duties.
§32-7. Same – Meetings – Quorum.
Four members of the Board of Directors shall constitute a quorum of the Board for the purposes of conducting its business and exercising its powers and for all other purposes; except, that no facilities owned by the Authority shall be leased or disposed of in any manner without a majority vote of the members of the Board of Directors. No vacancy in the membership of the Board shall impair the right of a quorum to exercise all the powers and perform all the duties of the Board.
§32-8. Same – Records.
The Board shall keep detailed minutes of its proceedings, which shall be open to public inspection at all times. It shall keep suitable records of all its financial transactions and, unless exempted by §30-140 of the Code of Virginia, 1950, as amended, it shall arrange to have the records audited annually. Copies of each such audit shall be furnished to the Town Council and shall be open to public inspection.
§32–9. Same – Copies of Internal Revenue Service reports.
Two copies of the report concerning issuance of bonds required to be filed with the United States Internal Revenue Service shall be certified as true and correct copies by the secretary or assistant secretary of the authority. One copy shall be furnished to the Town Council and the other copy mailed to the Department of Business Assistance until January 1, 2014. After January 1, 2014, one copy shall be furnished to the Town Council and the other copy mailed to the Department of Small Business and Supplier Diversity.
This section shall become effective on October 16, 2013.
All members present voting aye. Motion carried.
5 Regular Council Meeting
Wednesday, October 16, 2013
On a motion by Councilmember Puckette, seconded by Councilmember Spiggle, Council voted to appoint the following members to the Economic Development Authority for the Town of Appomattox:
Andy Carroll, Robert (Bob) P. Goode, Phillip Jamerson, Chad Millner, Lisa Pannell, C. Lewis McDearmon, Jr., and N. H. “Jimmy” Mayberry.
All members present voting aye. Motion carried.
Mayor Harvey thanked all of the applicants.
On a motion by Councilmember Mayberry, seconded by Councilmember Spiggle, Council voted to amend the following lease agreements effective date from November 1, 2013 to December 1, 2013:
a) Country Charm lease of 967 square feet at the depot for $241.75 per month.
b) Arts & Crafts Cooperative lease of 1125 square feet at the depot for $281.25 per month.
c) DMV lease of 1120 square feet at the Municipal Building for $500.00 per month.
All members present voting aye. Motion carried.
On a motion by Councilmember Mayberry, seconded by Councilmember McDearmon, Council voted to approve the request from the Appomattox County Chamber of Commerce to hold the annual Community of Candles event on Saturday, December 7, 2013. All members present voting aye. Motion carried.
On a motion by Councilmember Spiggle, seconded by Councilmember Conner, Council voted to approve the Organizational Chart and Job Descriptions for the Public Works Department of the Town of Appomattox. All members present voting aye. Motion carried.
On a motion by Councilmember Conner, seconded by Councilmember Mayberry, Council voted to amend the Water and Sewer Policy to include User Charges, Connection and Availability Fee Administrative Policy by approving the Water and Sewer Adjustment Policy, specifically the addition of L – Policy for Relief from Excessive Sewer Bill – Due to Undetectable Water Line Leak or Break. All members present voting aye. Motion carried.
On a motion by Councilmember Conner, seconded by Councilmember Spiggle, Council voted to purchase a pickup truck for the Public Works Department at the state contract price of $26,711.00 from General Fund Reserves. All members present voting aye. Motion carried.
On a motion by Councilmember Puckette, seconded by Councilmember Spiggle, Council voted to approve the following resolution:
6 Regular Council Meeting
Wednesday, October 16, 2013
RESOLUTION
Irrevocable Election Not to Participate in Virginia Local Disability Program
WHEREAS, by enacting Chapter 11.1 of Title 51.1 of the Code of Virginia, the Virginia
General Assembly has established the Virginia Local Disability Program (“VLDP”) for the payment of short-term and long-term disability benefits for certain participants in the hybrid retirement program described in Virginia Code §51.1-169; and
WHEREAS, for purposes of VLDP administration, an employer with VLDP-eligible employees may make an irrevocable election on or before November 1, 2013, requesting that its eligible employees not participate in VLDP as of the VLDP effective date of January 1, 2014, because it has or will establish and continue to maintain, comparable employer-paid disability coverage for such employees that meets or exceeds the coverage set out in Chapter 11.1 of Title 51.1 of the Code of Virginia, with the exception of long term care coverage, by January 1, 2014; and
WHEREAS, it is the intent of the Town of Appomattox 55358, to make this irrevocable
election to request that its eligible employees not participate in VLDP;
NOW, THEREFORE, IT IS HEREBY RESOLVED that the Town of Appomattox irrevocably elects not to participate in VLDP because it has or will establish, and continue to maintain, comparable employer-paid disability coverage for such employees; and it is further
RESOLVED, that, as an integral part of making this irrevocable election, the Town of
Appomattox certifies that it has or will establish, and continue to maintain, comparable employer-paid disability coverage for such employees.
Adopted in Appomattox, Virginia this 16th day of October, 2013.
All members present voting aye. Motion carried.
Town Manager Report – none
Citizen Comments – none
Council Concerns – Mrs. Puckette thanked the members of the EDA. She is looking forward to working with them.
Mr. Conner stated that the EDA has good people serving.
Ms. Spiggle is very enthusiastic and the Town is making great strides.
Mayor Harvey again thanked everyone who applied. The Town is very appreciative.
7 Regular Council Meeting
Wednesday, October 16, 2013
On a motion by Councilmember Mayberry, seconded by Councilmember Conner, Council voted to adjourn at 8:10 p.m. All members present voting aye. Motion carried.
Roxanne W. Paulette , MMC Clerk
Paul D. Harvey Mayor