June 12, 2017 Council Regular Minutes

1 Appomattox Town Council Regular Council Meeting June 12, 2017

The Appomattox Town Council held a Regular Council meeting on Monday, June 12, 2017, at 7:30 p.m. at the Appomattox Municipal Building, 210 Linden Street, Appomattox, Virginia with Mayor Harvey, presiding.

Members present: Timothy W. Garrett, C. Lewis McDearmon, Jr., Mary Lou Spiggle, Steven T. Conner and Claudia G. Puckette. M. Erin Finch – arrived at 6:05 p.m.

Others present: Carlton Duck and Brian Moore, Alive Media TV; Doug Hudgins, CHA, Inc.; Margaret Camel, News & Advance; Teresa Gabrielson, Times Virginian; Jeff Elder, Facilities Manager; Frank A. Wright, Jr., Town Attorney; Clarence Monday, Interim Town Manager and Roxanne W. Casto, Clerk of Council.

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

Rev. Carlton Duck gave the invocation and led the Pledge of Allegiance.

Public Appearances None

Mayor’s Comments Mayor Harvey invited everyone to try to attend one of the productions of Romeo and Juliet – a civil war themed play by Wolfbane Productions. The play will be held on Thursday – Saturday 8:00 p.m. – 10:30 p.m. at the Appomattox Courthouse National Historical Park. The production ends July 1, 2017. Tickets are $20.00 each.

Consent Agenda- On a motion by Mr. Garrett, seconded by Ms. Finch, Council voted to adopt the consent agenda for June 12, 2017 as presented. All members present voting aye. Motion carried.

Unfinished Business After much discussion regarding the request to vacate an unopened and unnamed alley between Lucy Street and Oakleigh Avenue, Council agreed to send the petitioners a letter to determine their continued interest along with a copy of the original petition, copy of the plat and to determine if they are willing to share the cost of a public hearing notice.

New Business Council provided consensus for Mr. Elder, Facilities Manager to obtain all necessary information to fulfill the request for a sidewalk on Church Street between the Searcy property and Liberty Baptist Church property.

On a motion by Mr. McDearmon, seconded by Ms. Spiggle, Council voted to award financial services for the interim financing of construction costs associated with the inflow and infiltration rehabilitation project to the Bank of the James with an interest rate of 2.27% per annum for a term up to two years and authorize the Mayor to execute any and all documents necessary to issue the loan. All members present voting aye. Motion carried.

2 Appomattox Town Council Regular Council Meeting June 12, 2017

On a motion by Ms. Spiggle, seconded by Mr. Garrett, Council voted to award Contract 1 to Insituform Technologies, LLC for the Base Bid of $1,090,813.60, a portion of Alternate A, increasing their total contract amount to $1,180,766.20 and Contract 2 to Layne Inliner in the amount of $219,180. Total construction budget will be $1,469,943.20, which includes the 5% construction contingency allowed by Rural Development. All members present voting aye. Motion carried.

On a motion by Mr. Conner, seconded by Mr. Garrett, Council voted to amend the Employee Handbook – Travel Policy – Appendix A, decreasing the mileage reimbursement rate from $0.54 to $0.535. All members present voting aye. Motion carried.

On a motion by Ms. Spiggle, seconded by Ms. Puckette, Council voted to adopt the following resolution:

AN APPROPRIATIONS RESOLUTION OF THE APPOMATTOX TOWN COUNCIL ADOPTING THE FISCAL YEAR 2017-2018 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 2017-2018 Budget was published on April 26, 2017 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, May 8, 2017;

SECTION III: NOW, THEREFORE, BE IT RESOLVED, that the Appomattox Town Council meeting in General Session on June 12, 2017, does hereby approve the following General Fund Expenditures by Category for Fiscal Year 2017-2018;

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 Donation/Contributions

51,110. 425,400. 70,000. 88,980. 86,360. 37,000. 690,741. 97,000. 705,400. 40,750. 233,500.

3 Appomattox Town Council Regular Council Meeting June 12, 2017

Zoning Town Office TOTAL GENERAL FUND EXPENSES

750. 26,200. 2,553,191.

SECTION IV: BE IT FURTHER RESOLVED, that the Appomattox Town Council hereby establishes the property tax rate at $.12 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 $.12 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, 2017, 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 47.73% tax relief; • Personal use vehicles valued at $20,001 or more shall only receive 47.73% 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 2017-2018;

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 Interest

160,000. 100,000. 10,000. 5,000. 6,000. 130,000. 150,000. 1,025,000. 60,000. 6,000. 7,100. 25,000. 170,000. 2,000. 9,000.

4 Appomattox Town Council Regular Council Meeting June 12, 2017

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

9,000. 4,200. 70,000. 41,408. 10,000. 3,000. 1000. 500. 2,553,191.

SECTION VI: BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Water Fund Expenditures for Fiscal Year 2017-2018;

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

962,320. 962,320.

SECTION VII: BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Water Fund Revenue estimates for Fiscal Year 2017-2018;

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 Intergovernmental Revenue Use of Fund Balance TOTAL WATER REVENUES

320,000. 5,000. 12,000. 2,000. 8,000. 42,000. 500. 4,500. 1,500. 28,000. 25,000. 513,820. 962,320.

SECTION VIII: BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Sewer Fund Expenditures for Fiscal Year 2017-2018;

5 Appomattox Town Council Regular Council Meeting June 12, 2017

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

3,315,248. 3,315,248.

SECTION IX: BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Sewer Fund Revenue estimates for the Fiscal Year 2017-2018;

SEWER FUND; REVENUES BY CATEGORY: Sewer Sales Connection Fees Availability Fees County Reimbursement SBR & IDA PS Park Service Maintenance Interest Intergovernmental Revenue Use of Beginning Balance USDA TOTAL SEWER REVENUES

800,000. 2,500. 2,500. 77,000. 1,800. 4,000. 1,700. 425,748. 2,000,000. 3,315,248.

SECTION X: BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Internal Service Fund Expenditures for Fiscal Year 2017-2018;

INTERNAL SERVICE FUND; EXPENDITURES BY CATEGORY: Internal Service Department TOTAL INTERNAL SERVICE FUND EXPENDITURE

123,500. 123,500.

SECTION XI: BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Internal Service Fund Revenue estimates for the Fiscal Year 2017-2018;

INTERNAL SERVICE FUND; REVENUE BY CATERGORY: Reserves TOTAL INTERNAL SERVICE REVENUE

123,500. 123,500.

SECTION XII: The salaries, wages and allowances set out in said Budget are hereby authorized as per the terms of the town’s classification and merit system as approved compensation for officers and employees for services rendered, unless hereafter otherwise provided by ordinance; provided however, that the Town Manager is authorized to make such rearrangement of positions in the several departments named in the Budget, in respect to officers and employees appointed by his/her as may best meet the needs and interests of the Town and after approval by Council.

6 Appomattox Town Council Regular Council Meeting June 12, 2017

SECTION XIII: BE IT FURTHER RESOLVED, that the Appomattox Town Council may amend the Fiscal Year 2017-2018 Town Budget from time to time pursuant to Section 15.2-2507, Code of Virginia; and,

SECTION XIV: BE IT FURTHER RESOLVED, by the Town Council of Appomattox, Virginia that the Fiscal Year Budget for 2017-2018 is hereby adopted, effective July 1, 2017 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 12th day of June, 2017.

All members present voting aye. Motion carried.

Citizen Comment Period None

Town Managers Report- Mr. Monday reported on the following items:

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Council Concerns: Mrs. Puckette requested an update on the Appomattox Kiddie Park improvements. Mr. Monday replied that the bids were received and are upwards of $500,000, which is higher than expected. Staff is still working on negoiations and verifying bids. More information will be forthcoming.

Closed Session: On a motion by Mr. McDearmon, seconded by Ms. Spiggle, Council voted to convene in Closed Session pursuant to §2.2-3711 (A) 1 of the Code of Virginia, 1950, as amended for purpose of discussion of prospective candidates for employment, specifically being applicants for the position of Town Manager and pursuant §2.2-3711 (A) 7 of the Code of Virginia, 1950, as amended, for the purpose of consultation with legal counsel retained by the Town regarding a specific legal matter requiring the provision of legal counsel, such matter being legal issues pertaining to requirements relating to Virginia Retirement System contributions.

Vote: Garrett – aye, McDearmon – aye, Spiggle – aye, Finch – aye, Conner – aye, Puckette – aye. Motion carried 6-0.

7 Appomattox Town Council Regular Council Meeting June 12, 2017

Council Member Garrett made the following motion:

WHEREAS, the Council of the Town of Appomattox has convened a closed meeting on this date, pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and

WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by Town Council that such closed meeting was conducted in conformity with Virginia law;

NOW, THEREFORE, BE IT RESOLVED that the Appomattox Town Council hereby certifies that to the best of each members knowledge: (1) Only public business matters lawfully exempted from open meetings requirements by Virginia law were discussed in the closed meeting to which this certificate resolution applies, and (2) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed, or considered by this council.

The motion was seconded by Council Member McDearmon and Council by the following recorded vote adopted the motion:

Vote: Garrett – aye, McDearmon – aye, Spiggle – aye, Finch – aye, Conner – aye, Puckette – aye. Motion carried 6-0.

On a motion by Mr. Conner, seconded by Mr. Garrett, Council voted to adjourn at 9:35 pm. All members present voting aye. Motion carried.

Roxanne W. Casto, MMC Clerk of Council

Paul D. Harvey, Mayor