Minutes Archive

1 Appomattox Town Council Regular Council Meeting June 9, 2014

The Appomattox Town Council held a Regular Council meeting on Monday, June 9, 2014 at 7:30 p.m. at the Appomattox Municipal Building, 210 Linden Street, Appomattox, Virginia with Mayor Harvey presiding.

Members present: Timothy W. Garrett, Jr., C. Lewis McDearmon, Jr., Mary Lou Spiggle, N.H. “Jimmy” Mayberry, and Steven T. Conner and Claudia G. Puckette.

Others: Brian Moore, Alive Media TV; Proctor Harvey, Clara Aleman, Nathan Harbin (HDLA); Katrina Koetring, News and Advance; Stephanie James, Times Virginian; Stacey Wilkes, Town Treasurer; C. William Gillespie, Jr., Town Manager; and Roxanne W. Casto, Clerk of Council.

Mayor Harvey called the meeting to order and welcomed the visitors.

Brian Moore (Alive Media) led the prayer and Pledge of Allegiance.

Mayor Harvey called the public hearing to order.

PH – 06092014-01 Rose Program The purpose of such meeting is to receive public comments regarding the Town of Appomattox requesting the Virginia Department of Transportation to approve a project for roadside beautification of the Town of Appomattox in conjunction with the Town’s corridor beautification project. The Master Plan will be on public display in the Council Chambers for review from 4:00 p.m. to 6:00 p.m. Town staff and project team members will be available to take public comments in the Council Chambers, Appomattox Municipal Building, 210 Linden Street, Appomattox, Virginia.

Mr. Proctor Harvey provided a powerpoint presentation for the audience regarding the program.

There were no public comments.

Mayor Harvey closed this public hearing.

Mayor Harvey opened the second public hearing.

PH – 06092014 – 02 Voluntary Boundary Adjustment

Take notice that both the Council of the Town of Appomattox, Virginia and the Board of Supervisors of the County of Appomattox, Virginia intend to approve a Voluntary Boundary Adjustment Agreement whereby a certain small parcel of land containing 0.07 acres now located in the County would be brought within the Corporate limits of the Town.

This small parcel was inadvertently not included in the recent Voluntary Boundary Adjustment whereby a certain 23.28 acre parcel of land formerly located in the County was made part of the Corporate area of the Town by Order of the Circuit Court for Appomattox County, Virginia dated December 3, 2013. This small 0.07 acre parcel is adjacent to the 23.28 acre parcel and

2 Appomattox Town Council Regular Council Meeting June 9, 2014

both parcels are contained in a new 23.35 acre parcel shown on a plat of survey made by Larry E. Hartsoe, C.L., dated September 24, 2013, Revised September 16, 2013 and April 8, 2014.

The Town Council intends to take action to approve said Agreement at its regularly scheduled meeting on June 9, 2014 and shall hold a public hearing on the Agreement on that date at 7:30 p.m. prior to taking action at 210 Linden Street, Appomattox, Virginia.

The Board of Supervisors intends to take action to approve the Agreement at its regularly scheduled meeting on June 2, 2014 and shall hold a public hearing on the Agreement at that meeting at 7:00 p.m. prior to taking action at 171 Price Lane, Appomattox, Virginia.

A copy of the proposed Agreement as well as said Plat of Survey are on file with the Clerk of the Appomattox Town Council and the Clerk of the Board of Supervisors for Appomattox County.

There were no public comments.

Mayor Harvey closed the public hearing.

Mayor’s Comments – Mayor Harvey thanked the 6th graders from Appomattox Middle School for their letters and asked that the Town send each child a “Thank You” letter.

Mayor Harvey also addressed the Utility Service Line Protection Program. There has been a mix up with the 3rd party mailing company and if you received a letter in error, please let the Town know and we will have your name and address removed from the mailing list.

Scheduled Public Appearances – none

Consent Agenda – On a motion by Councilmember Mayberry, seconded by Councilmember McDearmon, Council voted to adopt the consent agenda as presented for June 9, 2014. All members present voting aye. Motion carried.

Unfinished Business – none

New Business –

On a motion by Councilmember McDearmon, seconded by Councilmember Spiggle, Council voted to amend the Code of the Town of Appomattox, Chapter 175, thereof, entitled Taxation, to add a new Article providing for Cigarette Tax.

AN ORDINANCE TO AMEND the Code of the Town of Appomattox, Chapter 175, thereof, entitled Taxation, to add a new article providing for Cigarette Tax

Be it ordained by the Council of the Town of Appomattox, as follows:

3 Appomattox Town Council Regular Council Meeting June 9, 2014

Section 1. Chapter 175 of the Code of the Town of Appomattox is hereby amended to add a new article following Article V, to be known as Article VI as follows:

Article VI. Cigarette Tax

Sec. 175-32. Definitions. Sec. 175-33. Levied; amount. Sec. 175-34. Preparation, sale, etc., of stamps; duties of treasurer generally. Sec. 175-35. Inspection of records, premises, etc. Sec. 175-36. Seizure and disposition of untaxed cigarettes, etc. Sec. 175-37. Obligation of dealers and agents regarding stamps. Sec. 175-38. Presumption based on quantity. Sec. 175-39. Presumption based upon stamps or markings. Sec. 175-40. Disposition of revenue. Sec. 175-41. Sec. 175-42. Penalty Sec. 175-43. Each violation a separate offense. Sec. 175-44 – 175-50. Reserved.

Illegal acts.

§ 175-32. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a) Agent means every local dealer and other person who shall be authorized by the town treasurer to purchase and affix stamps to packages of cigarettes under the provisions of this article.

Dealer means every manufacturer, jobber, wholesale dealer or other person who

(b) supplies a seller with cigarettes.

Package means every package, box can or other container of any cigarettes to which the

(c) internal revenue stamp of the United States government is required to be affixed by and under federal statutes and regulations and in which retail sales of such cigarettes are normally made or intended to be made.

Sale means every act or transaction, irrespective of the method or means employed,

(d) including the use of vending machines and other mechanical devices, whereby title to any cigarettes shall be transferred from the seller, as defined in this section, to any other person within the town.

Seller means every person engaged in the business of selling cigarettes who transfer title

(e) or in whose place of business title to any such cigarettes is transferred within the town for any purpose other than resale.

4 Appomattox Town Council Regular Council Meeting June 9, 2014

(f) Stamp means the small gummed piece of paper or decalcomania to be sold by the town treasurer and to be affixed by the agent to every package of cigarettes; it shall also denote any insignia or symbol printed by a meter machine upon any such package under authorization of the town treasurer.

Treasurer means the town treasurer and every person duly authorized by him to serve as

(g) his representative.

Sec. 175-33. Levied; amount.

There is hereby levied and imposed by the town, in addition to any other taxes which may

be or have been imposed, a tax to be paid and collected as provided in this article on each and every sale of cigarettes made in the town. The tax is to be paid by the seller, local dealer or other agent by affixing a stamp, or causing a stamp to be affixed to every pages of cigarettes, in the kind and manner required in this article and at the applicable rates as follows: The rate or amount of tax levied or imposed on cigarettes shall be at the rate of twenty-seven cents ($.27) for each twenty (20) cigarettes or fractional part thereof.

Sec. 175-34. Preparation, sale, etc., of stamps; duties of treasurer generally.

(a)

The town treasurer shall acquire, keep and sell necessary stamps to local dealers and other agents, the stamps to be of such denominations and quantities as may be necessary for the payment of the tax imposed in this article.

(b)

In the sale of such stamps to a local dealer or other agent, the treasurer shall

allow a discount of two cents ($0.02) per stamp of the face value thereof to cover the cost which will be incurred by such dealer or agent in affixing the stamps to packages of cigarettes.

(c)

The town treasurer may, from time to time and as often as he deems advisable,

provide for the issuance and exclusive use of stamps of a new design and forbid the use of stamps of any other design. The treasurer is empowered to make and carry into effect such reasonable rules and regulations relating to the preparation, furnishing, sale and redemption of stamps as he may deem necessary. In redeeming stamps or making refunds for destroyed stamps, he shall not in any case refund more than ninety (90) percent of the face value of such redeemed or destroyed stamps. He is further authorized and empowered to prescribe the method to be employed, the conditions to observed, and any other necessary requirements not contrary to this article in the use of meter machines for printing upon packages of cigarettes an insignia to represent the payment of the tax and in lieu of stamps.

(d)

In addition to powers granted in subsections (a) through (c) of this section, the

town treasurer is further authorized and empowered to:

(1)

Prescribe, adopt, promulgate and enforce rules and regulations relating to the

method and means to be used in the cancellation of stamps;

5 Appomattox Town Council Regular Council Meeting June 9, 2014

(2) Delegate his powers to agents or others, including the police officers of the town;

(3)

Act in any other matters pertaining to the administration and enforcement of the

provisions of this article.

Section 175-35. Inspection of records, premises, etc.

The town treasurer, or his duly authorized agent, is empowered to examine books,

records, invoices and papers related to purchases, sales, etc., of cigarettes, and to examine all cigarettes in and upon any premises where cigarettes are placed, sold, stored, offered for sale or displayed for sale by a seller.

Section 175-36. Seizure and disposition of untaxed cigarettes, etc.

(a)

If the town treasurer or his agent discovers any cigarettes subject to the tax

imposed under this article, but upon which such tax has not been paid and upon which stamps have not been affixed or evidence of payment is not shown thereon by printed markings of a meter machine in compliance with the provisions of this article, then the treasurer or duly authorized agents or officers, any of them, may seize and take possession forthwith of such cigarettes, which shall thereupon be deemed to be forfeited to the town. Such cigarettes may, within a reasonable time thereafter, and after written notice is posted at the front door of the municipal building at least five days before the date given therein for sale, shall sell such cigarettes in the place designated in such notice.

(b)

Any property, other than motor vehicles, used in the furtherance of any illegal

evasion of the tax may be seized, confiscated and disposed of as provided in subsection (a) of this section. No credit from any sale or other disposition shall be allowed toward any tax or penalties owed.

(c)

The seizure and sale of any property shall not be deemed to relieve any of the

persons of any other penalties provided in this article.

Sec. 175-37. Obligation of dealers and agents regarding stamps.

(a) Every local dealer in cigarettes and every agent appointed under this section shall purchase necessary stamps from the town treasurer to pay the tax imposed under this article and shall affix or cause to be affixed a stamp of the monetary value provided by this article to each package of cigarettes prior to deliver or furnishing such cigarettes to any seller who is not also an agent.

(b)

Nothing contained in this section shall be deemed to preclude any dealer from

authorizing and employing any agent to purchase and affix such stamps in his behalf or to have a stamp meter machine used in lieu of stamps to effectuate the provisions of this article.

6 Appomattox Town Council Regular Council Meeting June 9, 2014

(c)

Stamps or printed markings of a meter machine shall be placed upon each

package of cigarettes in such a manner as to be readily visible to the purchaser.

(d)

It shall be the responsibility of every seller to determine that each package of

cigarettes offered for sale shall have a proper stamp affixed thereto in compliance with the provision of this article.

(e)

If inspection by the agents of the town discloses unstamped or improperly

stamped packages of cigarettes, the seller, when such cigarettes were obtained from a local dealer, shall immediately notify such dealer and upon such notification such dealer shall forthwith either affix to the unstamped or improperly stamped package, container or item with proper amount of stamps or he shall replace such package, container or item with others to which stamps have been properly affixed. If a seller, who is not also an agent, acquires or has in his possession unstamped or improperly stamped cigarettes, the seller shall forthwith notify the treasurer of such fact. The treasurer shall thereupon affix or cause to be affixed the proper stamps to such cigarettes. The cost of such stamps at face value shall be advanced by such seller.

(f)

The treasurer, by proper rules and regulations, may require every local dealer,

agent or seller to cancel stamps upon all packages of cigarettes in his possession.

(g)

Every local dealer and seller shall maintain and keep for a period of at least two

(2) years such records of cigarettes received and sold by him as may be required by the treasurer; such records shall be made available for examination in the town by the treasurer upon demand, and the means, facilities and opportunities for making any such examination shall be made available at all reasonable times.

Sec. 175-38. Presumptions based on quantity.

Cigarettes found in quantities of more than six (6) cartons within the town shall be

conclusively presumed for sale therein and may be seized and confiscated if:

(1)

They are in transit, and are not accompanied by a bill of lading or other

document indicating the true name and address of the consignor or seller and of the consignee or purchaser, and the brands and quantity of cigarettes so transported, or they are in transit and accompanied by a bill of lading or other document which is false or fraudulent, in whole in part;

(2) They are in transit and are accompanied by a bill of lading or other document

indicating:

A consignee or purchaser in another state or the District of Columbia who is not

authorized by the law of such other jurisdiction to receive or possess such cigarettes on which the taxes imposed by such other jurisdiction have not been paid, unless the tax of the state or district of destination has been paid and the products bear the tax stamps of that state or district; or

7 Appomattox Town Council Regular Council Meeting June 9, 2014

A consignee or purchaser in the commonwealth but outside the town who does not

possess a state sales and use tax certificate, a state retail cigarettes license and, where applicable, both a business license and retail cigarettes license issued by the local jurisdiction of destination; or

(3) They are not in transit and the tax has not been paid, nor have approved

arrangements for payment been made, provided that this subsection shall not apply to cigarettes in the possession of distributors or public warehouses which have filed notice and appropriate proof with the town that those cigarettes are temporarily within the town and will be sent to consignees or purchasers outside the jurisdiction in the normal course of business.

Sec. 175-39. Presumption based upon stamps or markings.

If any package of cigarettes is found in the possession of a seller without proper stamps or authorized printed markings thereon, and the seller is unable to submit evidence establishing that he received such packages, containers or items within the immediately preceding forty-eight (48) hours, and that he has not offered the same for sale, then it shall be presumed that such packages, containers, or items are being kept in violation of the provisions of this article, and the seller shall be subject to the tax and a penalty in the amount of fifty (50) percent thereof, even though such seller is also an agent.

Sec. 175-40. Disposition of revenue.

Revenue derived from the tax imposed in this article shall be deposited by the town

treasurer to the credit of the general fund of the town for utilization for such legal purposes as the council of the town may from time to time determine.

Sec. 175-41. Illegal acts.

It shall be unlawful and a violation of this article for any dealer or other person liable for

the tax to:

(1) Perform any act or fail to perform any act for the purpose of evading the payment of

any tax imposed by this article or of any part thereof, or to fail or refuse to perform any of the duties imposed under him under the provisions of this article or to fail or refuse to obey any lawful order which may be issued under this article;

(2)

Falsely or fraudulently make, or cause to be made, any invoices or reports, or to falsely or fraudulently forge, alter or counterfeit any stamp, or to procure or cause to be made, forged, altered or counterfeited any such stamp or knowingly and willfully to alter, publish, pass or tender as true any false, altered, forged or counterfeited stamp or stamps;

(3)

Sell, offer for sale or authorize or approve the sale of any cigarettes upon which

the town stamp has not been affixed;

8 Appomattox Town Council Regular Council Meeting June 9, 2014

(4)

Possess, store, use, authorize or approve the possession, storage or use of any cigarettes in quantities of more than sixty (60) cigarettes upon which the town stamp has not been affixed;

(5)

Transport, authorize or approve the transportation of any cigarettes in quantities of more than sixty (60) packages into or within the town upon which the town stamp has not been affixed, if they are:

Not accompanied by a bill of lading or other document indicating the true name

and address of the consignor or seller and the consignee or purchaser and the brands and quantity of cigarettes transported;

b. whole or part; or

Accompanied by a bill of lading or other document which is false or fraudulent in

Accompanied by a bill of lading or other document indicating:

A consignee or purchaser in another state or District of Columbia who is not authorized by the law of such other jurisdiction to receive or possess such tobacco products on which the taxes imposed by such other jurisdiction have not been paid unless the tax on the jurisdiction of destination has been paid and such cigarettes bear the tax stamps of the jurisdiction; or
A consignee or purchaser in the state but outside the taxing jurisdiction who

does not possess a state sales and use tax certification, a state retail tobacco license and, where applicable, a business license and a retail tobacco license issued by the local jurisdiction of destination;

(6)

Reuse or refill with cigarettes any package from which cigarettes have been

removed, for which the tax imposed has been theretofore paid; or

(7)

Remove from any package any stamp with intent to use or cause the package to be

used after such package has already been used or to buy, sell or offer for sale or give away any used, removed, altered or restored stamps to any person, or to reuse any stamp which had therefore been used for evidence of the payment of any tax prescribed by this article or to sell, or offer to sell, any stamp provided for in this article.

Sec. 175-42. Penalty.

Any persons violating any of the provisions of this article shall be guilty of a Class 1

misdemeanor. Any fine and/or imprisonment pursuant to conviction of a Class 1 misdemeanor shall not relieve any such person from the payment of any tax, penalty or interest imposed by this article.

Sec. 175-43. Each violation a separate offense.

9 Appomattox Town Council Regular Council Meeting June 9, 2014

The sale of any quantity or the use, possession, storage or transportation of more than sixty (60) packages of cigarettes upon which the town stamp has not been affixed shall be and constitutes a separate violation. Each continuing day of violation shall be deemed to constitute a separate offense.

Sec. 175-44 – Sec. 175-50. Reserved.

Section 2. This section shall become effective on October 1, 2014.

VOTE: Garrett – aye, McDearmon – aye, Spiggle – aye, Mayberry – aye, Conner – no, Puckette – yes. Motion carried 5 – 1.

On a motion by Councilmember Spiggle, seconded by Councilmember Mayberry, Council voted to approve a Resolution adopting the FY 2015 Budget for the Town of Appomattox.

AN APPROPRIATIONS RESOLUTION OF THE APPOMATTOX TOWN COUNCIL ADOPTING THE FISCAL YEAR 2014-2015 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 2014-2015 Budget was published on May 14, 2014 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 Tuesday, May 27, 2014;

SECTION III: NOW, THEREFORE, BE IT RESOLVED, that the Appomattox Town Council meeting in General Session on June 9, 2014, does hereby approve the following General Fund Expenditures by Category for Fiscal Year 2014-2015;

GENERAL FUND; EXPENDITURES BY CATEGORY: Council Administrative Department Professional Police Department Tourism Department Fire Department Public Works Department Sanitation Department Property Maintenance & Construction Town Shop

320,098. 263,676. 73,000. 59,814. 79,790. 37,000. 488,026. 103,000. 145,054. 28,500.

10 Appomattox Town Council

Regular Council Meeting June 9, 2014

Donation/Contributions Zoning Town Office TOTAL GENERAL FUND EXPENSES

7,900. 25,750. 25,000. 1,656,608.

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, 2013, 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.

SECTION V: BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following General Fund revenue estimates for Fiscal Year 2014-2015;

GENERAL FUND; REVENUES BY CATEGORY: Current Taxes – Real Estate Current Taxes – Personal Property Delinquent Taxes Penalties & Interest Public Service Corporation Bank Stock Tax Cigarette Tax Meals Tax Lodging Tax Franchise Tax Consumption Tax Vehicle License Tax Business License Zoning

165,000. 110,000. 10,000. 5,000. 6,500. 120,000. 20,000. 850,000. 30,000. 5,700. 7,000. 22,000. 165,000. 2,000.

11 Appomattox Town Council

Regular Council Meeting June 9, 2014

Interest Rental of Misc. Property Motor Vehicle Tax Sales Tax Aid to Police Department (HB599) Fire Programs Miscellaneous Tourism Grant Other Reimbursable TOTAL GENERAL FUND REVENUES

10,000. 5,000. 3,500. 60,000. 41,408. 10,000. 3,000. 5,000. 500. 1,656,608.

SECTION VI: BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Water Fund Expenditures for Fiscal Year 2014-2015;

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

488,908. 488,908.

SECTION VII: BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Water Fund Revenue estimates for Fiscal Year 2014-2015;

WATER FUND; REVENUES BY CATEGORY: Water Sales Connection Fees Penalty Fees Availability Fees Reconnect Fees County Water Line Maintenance Miscellaneous Interest Credit Card Fees Rental of Misc. Property TOTAL WATER REVENUES

320,000. 3,000. 15,000. 5,000. 7,000. 36,000. 300. 5,000. 1,000. 96,608. 488,908.

SECTION VIII: BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Sewer Fund Expenditures for Fiscal Year 2014-2015;

12 Appomattox Town Council

Regular Council Meeting June 9, 2014

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

828,500 828,500.

SECTION IX: BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Sewer Fund Revenue estimates for the Fiscal Year 2014-2015;

SEWER FUND; REVENUES BY CATEGORY: Sewer Sales Connection Fees Availability Fees County Reimbursement SBR & IDA PS Park Service Maintenance Interest TOTAL SEWER REVENUES

739,700. 2,500. 2,500. 77,000. 1,800. 5,000. 828,500.

SECTION X: BE IT FURTHER RESOLVED, that the Appomattox Town Council may amend the Fiscal Year 2014-2015 Town Budget from time to time pursuant to Section 15.2-2507, Code of Virginia; and,

SECTION XI: BE IT FURTHER RESOLVED, by the Town Council of Appomattox, Virginia that the Fiscal Year Budget for 2014-2015 is hereby adopted, effective July 1, 2014 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 9th day of June, 2014.

Attest:

Roxanne W. Casto, Town Clerk

Paul D. Harvey, Mayor

VOTE: VOTE: Garrett – aye, McDearmon – aye, Spiggle – aye, Mayberry – aye, Conner – no, Puckette – yes. Motion carried 5 – 1.

13 Appomattox Town Council

Regular Council Meeting June 9, 2014

On a motion by Councilmember Mayberry, seconded by Councilmember Garrett, Council voted to approve the Voluntary Boundary Adjustment Agreement.

Voluntary Boundary Adjustment Agreement

This agreement made and entered into this _ day of __, 2014, by and

between the County of Appomattox, Virginia (“County” herein) and the Town of Appomattox, Virginia (“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:

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 small 0.07 acre parcel 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 15.2-3106 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.

This small parcel was inadvertently not included in the recent Voluntary Adjustment whereby a certain 23.28 acre parcel of land formerly located in the County was made a part of the Corporate area of the Town by Order of the Circuit Court for Appomattox County, Virginia dated December 3, 2013. This small 0.07 acre parcel is adjacent to the 23.28 acre parcel and both parcels are contained in a new 23.35 acres plat shown on a play of survey made by Larry E. Hartsoe, C.L., dated September 16, 2013, revised September 24, 2013 and April 8, 2014 and attached hereto.

WITNESS THE FOLLOWING SIGNATURES AND SEALS this the _ day of __, 2014.

VOTE: Garrett – aye, McDearmon – aye, Spiggle – aye, Mayberry – aye, Conner – yes, Puckette – yes. Motion carried 6-0.

14 Appomattox Town Council

Regular Council Meeting June 9, 2014

On a motion by Councilmember Spiggle, seconded by Councilmember Puckette, Council voted to approve the Virginia Department of Transportation’s Comprehensive Roadside Management Plan Resolution:

RESOLUTION

WHEREAS, the Town of Appomattox, in accordance with the Virginia Department of Transportation’s Comprehensive Roadside Management Plan, requests the Commonwealth Transportation Board to establish a project for the roadside beautification of the Town of Appomattox, and

WHEREAS, the Virginia Department of Transportation (VDOT) requires a formal resolution from the local governing body, adopted subsequent to a public hearing during which the proposed landscaping activities are made available for review, and

WHEREAS, the Town of Appomattox will follow the General Rules and Regulations of the Commonwealth Transportation Board (Sections 24VAC 30-20-20, 24 VAC 30-20-80), and the Land Use Permit Manual (24VAC30-151 et seq.), and

WHEREAS, the Town of Appomattox assumes full responsibility for maintenance of the presented program for highway beautification, and

BE IT FURTHER RESOLVED, that the Town of Appomattox hereby agrees to have available to VDOT the Corridor Master Plan at all times, will assume responsibility for maintenance of described project, and will comply by all rules and regulations detailed in VDOT’s Comprehensive Roadside Management Program.

Adopted this _day of , _, Virginia by the Town Council of the Town of ___, Virginia.

APPROVED:

ATTEST:

Mayor

Town Clerk

All members present voting aye. Motion carried.

15 Appomattox Town Council

Regular Council Meeting June 9, 2014

On a motion by Councilmember Mayberry, seconded by Councilmember Conner, Council voted to adopt a resolution amending FY 2014 Operating Budget for the General Fund for the carry forward of fire programs revenues of $8000 and FY 2012-2013 not received until FY 2013-2014 and the additional revenues to be received for FY 2013-2014 of $2000.

Consideration to adopt a resolution amending the FY 2014 Operating Budget for the General Fund for the carry forward of fire program revenues of $8,000 for FY 2012-2013 not received until FY 2013-2014 and the additional revenues to be received for FY 2013- 2014 of $2,000

WHEREAS, Section15.2-2507, Code of Virginia, allows that a governing body may amend the budget from time to time

NOW THEREFORE, BE IT RESOLVED, that the Appomattox Town Council does hereby amend the FY 2013-2014 Operating Budget of the General Fund for the carry forward of fire program revenues of $8,000 for FY 2012-2013 not received until FY 2013-2014 and the additional revenues to be received for FY 2013-2014 of $2,000

General Fund Expenditures

Fire Net Increase in Budget

General Fund Revenues

Fire Programs Net Increase in Budget

$ 10,000 $ 10,000

SECTION XIII: BE IT FURTHER RESOLVED, by the Town Council of Appomattox, Virginia that the Fiscal Year 2014 budget amendments are hereby adopted, 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. Amended this 9th day of June 2014. Attest:

Roxanne W. Casto, Town Clerk

VOTE: Garrett – aye, McDearmon – aye, Spiggle – aye, Mayberry – aye, Conner – yes, Puckette – yes. Motion carried 6-0.

16 Appomattox Town Council

Regular Council Meeting June 9, 2014

On a motion by Councilmember Mayberry, seconded by Councilmember Puckette, Council voted to adopt a resolution amending FY 2014 Operating Budget for the General Fund to reallocate funds for the FY 2013-2014 as needed.

Consideration to adopt a resolution amending the FY 2014 Operating Budget for the General Fund to reallocate funds for the FY 2013-2014 as needed

WHEREAS, Section15.2-2507, Code of Virginia, allows that a governing body may amend the budget from time to time

NOW THEREFORE, BE IT RESOLVED, that the Appomattox Town Council does hereby amend the FY 2013-2014 Operating Budget of the General Fund to reallocate funds for the FY 2013-2014 as needed

General Fund Expenditures Public Works Sanitation Town Shop Zoning Net Increase in Budget

$ (2,700) 1,500 16,200

$(15,000) $ -0- .

Roxanne W. Casto, Town Clerk

VOTE: Garrett – aye, McDearmon – aye, Spiggle – aye, Mayberry – aye, Conner – yes, Puckette – yes. Motion carried 6-0.

On a motion by Councilmember McDearmon, seconded by Councilmember Spiggle, Council voted to adopt a resolution amending the FY 2013-2014 Operating Budget for the Sewer Funds to appropriate the remaining funds approved in the CIP for improvements to the SBR plant in the amount of $5,026.00.

Consideration to adopt a resolution amending the FY2013 - 2014 Operating Budget of the

Sewer Fund to appropriate the remaining funds approved in the CIP for improvements to the SBR plant in the amount of $5,026

WHEREAS, Section15.2-2507, Code of Virginia, allows that a governing body may amend the budget from time to time

17 Appomattox Town Council

Regular Council Meeting June 9, 2014

NOW THEREFORE, BE IT RESOLVED, that the Appomattox Town Council does hereby amend the FY 2013-2014 Operating Budget of the Sewer Fund to appropriate the remaining funds approved in the CIP for improvements to the SBR plant in the amount of $5,026

Sewer Fund Expenditures Net Increase in Budget

Sewer Fund Revenues Use of Reserves Net Increase in Budget

        $  5,026

$ 5,026

$ 5,026 $ 5,026

Roxanne W. Casto, Town Clerk

VOTE: Garrett – aye, McDearmon – aye, Spiggle – aye, Mayberry – aye, Conner – yes, Puckette – yes. Motion carried 6-0.

On a motion by Councilmember Spiggle, seconded by Councilmember Conner, Council voted to adopt a resolution amending the FY 2014 Operating Budget for the General Fund to appropriate $133,500 from the Equipment Reserve for the purchase of a new dump truck and $20,000 from the Fire Reserve to help outfit the new crash truck.

Consideration to adopt a resolution amending the FY 2014 Operating Budget for the General Fund to appropriate $133,500 from the Equipment Reserve for the purchase of a new dump truck and $20,000 from the Fire Reserve to help outfit the new crash truck.

WHEREAS, Section15.2-2507, Code of Virginia, allows that a governing body may amend the budget from time to time

NOW THEREFORE, BE IT RESOLVED, that the Appomattox Town Council does hereby amend the FY 2013-2014 Operating Budget of the General Fund to appropriate $133,500 from the Equipment Reserve for the purchase of a new dump truck and $20,000 from the Fire Reserve to help outfit the new crash truck.

18 Appomattox Town Council

Regular Council Meeting June 9, 2014

General Fund Expenditures

Fire Public Works Net Increase in Budget

General Fund Revenues

Use of Fire Reserve Use of Equipment Reserve Net Increase in Budget

$ 20,000 $ 133,500 $ 153,500

Roxanne W. Casto, Town Clerk

VOTE: Garrett – abstained (Chief – Appomattox Volunteer Fire Department), McDearmon – aye, Spiggle – aye, Mayberry – aye, Conner – yes, Puckette – yes. Motion carried 5-0.

On a motion by Councilmember Puckette, seconded by Councilmember Spiggle, Council voted to award the 2014 Curbside Garbage Collection Contract to Republic Services for $275,220 for three (3) years and the acceptance of Alternates #1, #2, and #3.

VOTE: Garrett – aye, McDearmon – aye, Spiggle – aye, Mayberry – aye, Conner – yes, Puckette – yes. Motion carried 6-0.

Town Manager Update – None

Citizen Comment period – None

Council Concerns – Councilmember Puckette stated that she is pleased with the cleanliness of the Town’s Kiddie Park but the paint is wearing on the top of the caboose and did not think children should be crawling through the rough concrete pipes.

19 Appomattox Town Council

Regular Council Meeting June 9, 2014

On a motion by Councilmember Mayberry, seconded by Councilmember Puckette, Council voted to adjourn at 8:10 p.m. All members present voting aye. Motion carried.

Roxanne W. Casto, MMC Clerk

Paul D. Harvey Mayor

June 09, 2014 Council Regular Minutes