1 Appomattox Town Council Regular Council Meeting September 8, 2014
The Appomattox Town Council held a Regular Council meeting on Monday, September 8, 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, Steven T. Conner and Claudia G. Puckette.
Others: Appomattox Boy Scouts Troop 504, Don and Martha Falls, Elizabeth Milton, Linda Lipscomb, James Lipscomb, Katrina Koerting, News and Advance; Stephanie James, Times Virginian; Carlton Duck and Brian Moore, Alive Media TV; 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 led the prayer and Boy Scout Troop 504 led the Pledge of Allegiance.
Public Hearing – 09082014 – 01
The purpose of this public hearing will be to receive public comments concerning adoption by the Town Council of:
To amend Chapter 117 of the Code of the Town of Appomattox, Chapter 117, to add Article V and to add the following provision which shall become Section 117-28 through 117-30 thereof, entitled “Regulation of Residential Chicken Keeping”.
To amend Chapter 195 of the Code of the Town of Appomattox, thereof, entitled Zoning, Article I, entitled “General Provisions”, to incorporate the following definitions into the existing definitions of this section.
To amend Chapter 195 of the Code of the Town of Appomattox, thereof, entitled Zoning, to add a new article providing for Article XVII, entitled “General Provisions”, Section 195-163, entitled “Residential Chicken Keeping”.
Linda Lipscomb – 147 Maple Street – Appomattox, Virginia I am here tonight to speak in favor of the Town Council adopting the proposed ordinances to allow chickens to be kept in residential areas in Town Limits. The ordinance proposed is fair in lot dimensions and setbacks from neighboring structures. The minimum and maximum dimensions for chicken coops and run falls are within the standard poultry keeping recommendations. Like a lot of people today with all the recalls and scares I have become more aware of where my food comes from and what is in it. I read labels in the grocery store. If I can’t pronounce an ingredient I probably don’t’ want to eat it. Within the last month my family has started drinking milk from pasteurized jersey cows with no genetically modified ingredients instead of milk from the commercially raised grain free cows. We also eat pasteurized beef instead of grain feed beef. If we can’t grow it ourselves, we buy produce from local farmers. A
2 Appomattox Town Council Regular Council Meeting September 8, 2014
natural extension of this type of thinking and eating is raising chickens for egg production. My neighbor, former neighbor Dr. Powell insists there is nothing wrong with eating two (2) eggs for breakfast. He has been doing it for years. Having raised chickens in California, I have personal experience with the appearance and taste of a home grown egg as opposed to an egg from egg producing factory environment. Nothing can beat it. Chickens kept as described in these ordinances will not be a nuisance to neighboring hens are much quieter than barking dogs, besides they sleep at night. They are not as dangerous as other animals. A hen peck is not as serious as a dog bite or cat scratch. Roosters are another story but they are not permitted underneath these ordinances. Chickens can also make fun family pets they are curious and have many natural behaviors that can be amusing and soothing to watch. They are something that strikes the very basic core of all of us watching them scratch in the dirt or chasing down crickets or plucking grass. Just like dogs they come running to greet you, looking for treats. In return they give us eggs, the perfect food. Eggs are loaded with vitamins, minerals and proteins. They improve our cholesterol profile – they produce choline an important nutrient for the brain. They contain the proteins necessary for amino acids that our body can’t produce. Have antioxidants which help protect the eyes and help reduce body fat. However, in a factory, caged, grain fed environment these proteins and nutrients are altered. Pastured or homegrown eggs are the best. I urge you to adopt these ordinances to allow residents to keep backyard chickens. Thank you.
Martha Falls - 191 Sunnydale Avenue - Appomattox, Virginia Kudos to Linda Lipscomb. Three years ago next month I began a journey with this Town Council and trying to have an ordinance approved for the care and maintenance of chickens in this town. In that 3 year period of time, I have lost 34 lbs. I have more wrinkles and my hair is grayer and we still don’t have an ordinance. Shame on you. However, I am quoted in the newspaper more than you are. So that’s all I have to say. I said it all 3 years ago. Wish you would make a decision. This is not rocket science. It takes a one syllable answer – yes or no. Thank you.
Mayor Harvey closed the public hearing.
Mayor’s Comments: Mayor Harvey welcomed the Boy Scouts to the meeting and thanked everyone for attending.
Mayor Harvey also mentioned that the new fence had been installed at Abbitt Park.
Mayor Harvey reminded council members about talking over each other. He reminded them to use Robert’s Rules of Order and allow everyone to be heard.
Scheduled Public Appearances – None
Consent Agenda – On a motion by Mr. Mayberry, seconded by Mr. McDearmon, Council voted to adopt the consent agenda of September 8, 2014 as presented. All members present voting aye. Motion carried.
3 Appomattox Town Council Regular Council Meeting September 8, 2014
Unfinished Business – None
New Business – On a motion by Ms. Spiggle, seconded by Mr. Garrett, Council voted to amend Chapter 117 of the Code of the Town of Appomattox, Chapter 117, to add Article V and to add the following provision which shall become Section 117-28 through 117-30 thereof, entitled “Regulation of Residential Chicken Keeping”, and to amend Chapter 195 of the Code of the Town of Appomattox, thereof, entitled Zoning, Article I, entitled “General Provisions”, to incorporate the following definitions into the existing definitions of this section and to amend Chapter 195 of the Code of the Town of Appomattox, thereof, entitled Zoning, to add a new article providing for Article XVII, entitled “General Provisions”, Section 195-163, entitled “Residential Chicken Keeping”. Roll Call Vote: Garrett – yes, McDearmon – no, Spiggle – yes, Mayberry – no, Conner – no, Puckette – no. Motion failed 4-2.
On a motion by Mr. Mayberry, seconded by Mr. Garrett, Council voted to adopt a resolution amending the Appropriations Resolution of the Appomattox Town Council adopting the Fiscal Year 2014-2015 Budget for the Town of Appomattox, Virginia – Section IV: Personal Property Tax Relief:
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, 2014, 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 54.8% tax relief; • Personal use vehicles valued at $20,001 or more shall only receive 54.8% 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.
Roll Call Vote: Garrett – yes, McDearmon – yes, Spiggle – yes, Mayberry – yes, Conner – yes, Puckette – yes. Motion carried 6-0.
4 Appomattox Town Council Regular Council Meeting September 8, 2014
On a motion by Mr. McDearmon, seconded by Ms. Spiggle, Council voted to adopt a resolution amending the FY 2015 Operating Budget for the General Fund for FY 2014-2015 for the carry forward of funding of incomplete projects from FY 2014, and appropriate maintenance funding for new truck purchased June 2014.
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 2015 Operating Budget for the General Fund for FY 2014-2015 for the carry forward of funding for incomplete projects, and appropriate maintenance funding for new truck purchased June 2014
General Fund Expenditures Council Public Works Town Office Property Maintenance & Construction Net Increase in Budget
General Fund Revenues
Use of Undesignated Reserve Net Increase in Budget
$ 1,863 90,080 3,621 33,930 $ 129,494
$ 129,494 $ 129,494
SECTION XIII: BE IT FURTHER RESOLVED, by the Town Council of Appomattox, Virginia that the Fiscal Year 2015 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 8th day of September 2014.
Attest:
Roxanne Casto, Town Clerk
Roll Call Vote: Garrett – yes, McDearmon – yes, Spiggle – yes, Mayberry – yes, Conner – yes, Puckette – yes. Motion carried 6-0.
5 Appomattox Town Council Regular Council Meeting September 8, 2014
On a motion by Mr. Mayberry, seconded by Mrs. Puckette, Council voted to adopt a resolution amending the FY 2014 Operating Budget to reflect reclassification of unexpended funds:
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 to reclassify unexpended funds within the General Fund
General Fund Expenditures Professional Public Works Net Increase in Budget
$ 4,800 $<4,800> $ -0-
SECTION XIII: BE IT FURTHER RESOLVED, by the Town Council of Appomattox, Virginia that the Fiscal Year 2014 budget amendment is 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 8th day of September, 2014. Attest:
Roxanne W. Casto, Town Clerk
Roll Call Vote: Garrett – yes, McDearmon – yes, Spiggle – yes, Mayberry – yes, Conner – yes, Puckette – yes. Motion carried 6-0.
On a motion by Mrs. Puckette, seconded by Mr. McDearmon, Council voted to adopt a resolution amending the FY 2015 Operating Budget for the General Fund, Sewer Fund, and Water Fund for FY 2014-2015 for the allocation of utility services provided to the various departments.
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 2015 Operating Budget for the General Fund, Sewer Fund, and Water Fund for FY 2014-2015 for the allocation of utility services provided to the various departments
General Fund Expenditures Tourism Town Shop
$ 960 420
6 Appomattox Town Council Regular Council Meeting September 8, 2014
Town Office Net Increase in Budget
General Fund Transfers Transfer to Water Transfer to Sewer Net Increase in Budget
Sewer Fund Expenditures Expenditures Net Increase in Budget
Sewer Fund Transfers Transfer In Transfer out
Net Increase in Budget
Water Fund Expenditures Expenditures Net Increase in Budget
Water Fund Transfers Transfer In
Net Increase in Budget
480
$ 1,860
$ 621 $ 1,239 $ 1,860
$ 22,191 $ 22,191
$ 1,239 $ 23,430
$ 22,191
$ 24,051 $ 24,051
$ 24,051
$ 24,051
SECTION XIII: BE IT FURTHER RESOLVED, by the Town Council of Appomattox, Virginia that the Fiscal Year 2015 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 8th day of September 2014. Attest:
Roxanne Casto, Town Clerk
Roll Call Vote: Garrett – yes, McDearmon – yes, Spiggle – yes, Mayberry – yes, Conner – yes, Puckette – yes. Motion carried 6-0.
7 Appomattox Town Council Regular Council Meeting September 8, 2014
Treasurer’s Report Stacey Wilkes, Town Treasurer provided an overview of the June and July 2014 Financial Reports.
Town Manager Update – None
Citizen Comment period – None
Council Concerns – Ms. Puckette reminded everyone of the Community Picnic scheduled for Friday, September 26, 2014 at 6:00 p.m. at Abbitt Park.
On a motion by Mr. Conner, seconded by Mr. Garrett, Council voted to adjourn at 8:25 p.m. All members present voting aye. Motion carried.
Roxanne W. Casto, MMC Clerk
Paul D. Harvey Mayor