1 Appomattox Town Council
Joint Public Hearing and Council Workshop Meeting August 29, 2017
The Appomattox Town Council held a Workshop meeting on Tuesday, August 29, 2017 at 6:00 p.m. which included a joint public hearing with the Appomattox Town Planning Commission at the Appomattox Municipal Building, 210 Linden Street, Appomattox, Virginia with Mayor Harvey presiding.
Council Members present: Timothy W. Garrett, C. Lewis McDearmon, Jr., Mary Lou Spiggle, Steven T. Conner and Claudia G. Puckette.
Absent: M. Erin Finch
Town Planning Commission members present: Marvin H. Mitchell, S. L. Ferguson, Linda Lipscomb, Roger Carson and Claudia Puckette.
Others present: Louise Roach, Robert and Sharon Harris, Joy Bagby, Jeanette Brady, John Redding, Frank Wright, Town Attorney; Jeff Elder, Facilities Manager; Clarence Monday, Kim Ray, Town Treasurer; Gary Shanaberger, Town Manager and Roxanne Casto, Clerk of Council.
Mayor Harvey called the joint Public Hearing and Council Workshop meeting to order.
Chairman Marvin Mitchell called the Town Planning Commission meeting to order for the joint Public Hearing.
Mayor Harvey opened the joint public hearing by introducing the application of the Appomattox County Chamber of Commerce for a Conditional Use Permit to install an outdoor sign on property owned by the County of Appomattox located at 220 Community Lane, Appomattox, Virginia, Tax Map Number 64A6 (A) 83, adjoining the limited access portion of Route 460 at the beginning of the bypass on the eastern end, on property known as the “Community Center”. Specific location of the sign is parallel to and just inside of the fence separating the Appomattox Community Center land from the VDOT right of way. Two small red flags have been placed on site to mark the proposed location of the sign.
The property is zoned P-1, Public Use District. Town Code Section 195-14, Uses Not Specifically Permitted, special exception allows for any use not specifically listed in the use chart to make a request to Town Council for approval by special exception.
Mr. Monday provided a staff presentation regarding the application noted above.
Mr. Redding, President of the Appomattox County Chamber of Commerce spoke concerning the application and why it was being presented for consideration.
Mayor Harvey asked Council Members and Planning Commission members for questions. There were no questions.
Mayor Harvey asked for Public Comments from the audience. There were no comments.
2 Appomattox Town Council
Joint Public Hearing and Council Workshop Meeting August 29, 2017
Mayor Harvey read the second petition for the joint public hearing, a Request to Vacate an Unopened and unnamed alley between Oakleigh Avenue and Lucy Street. Mr. Monday made a staff presentation on behalf of the applicants, John R. and Louise Roach, Robert G. and Sharon G. Harris, Joy Bagby and Lee A. Conner and/or Martha H. Conner by the Conner Estate. The Town presently owns said property containing approximately 0.21586 acres as specified on a Plat of Survey Alley Abandonment dated April 25, 2016. Said property is not in use by the Town and serves no public purpose.
The Appomattox Town Council and Appomattox Town Planning Commission will conduct a joint public hearing on a proposed Ordinance of Vacation, pursuant to VA. CODE ANN. §15.2- 2272 to vacate an unopened and unnamed alley running between Oakleigh Avenue and Lucy Street, parallel to Martha Street, identified as “Parcel 1” containing 0.084 acre, “Parcel 2” containing 0.00086 acre, “Parcel 3” containing 0.023 acre, “Parcel 4” containing 0.064 acre, and “Parcel 5” containing 0.044 acre, all as shown upon a plat of survey entitled “Plat of Survey, Alley Abandonment, 5 Parcels Surveyed for: Town of Appomattox, Deed Book 64 Page 422, Appomattox County, Virginia” made by George E. Welch, L.S., dated April 25, 2016, and to be recorded in the clerk’s office of the Appomattox County Circuit Court (the “New Plat”), which area remains an unopened alley. The effect of such proposed vacation shall be to vest such title as the Town of Appomattox may possess to the centerline of such unopened alley 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 0.084 acre, more or less, shall be added to T.M. No. 64A6 1 D owned
by the Martha H. Conner estate;
Parcel 2 containing 0.00086 acre, more or less, shall be added to T.M. No. 64A6 1 D 8
owned by Robert G. Harris and Sharon G. Harris;
Parcel 3 containing 0.023 acre, more or less, shall be added to T.M. No. 64A6 1 D 8
owned by Robert G. Harris and Sharon G. Harris;
Parcel 4 containing 0.064 acre, more or less, shall be added to T.M. No. 64A6 1 D 1
owned by John R. Roach and Louise B. Roach;
Parcel 5 containing 0.044 acre, more or less, shall be added to T.M. No. 64A6 1 E owned
by Joy Beverly Bagby.
Mayor Harvey asked Council Members and Planning Commission members for questions. There were no questions.
Mayor Harvey asked for Public Comments from the audience. There were no comments.
On a motion by Mr. Garrett, seconded by Mr. McDearmon, Council voted to close the joint public hearing at 6:12 p.m. All members present voting aye. Motion carried 5-0.
On a motion by Mr. Ferguson, seconded by Mrs. Lipscomb, the Planning Commission voted to close the joint public hearing at 6:12 p.m. All members present voting aye. Motion carried.
3 Appomattox Town Council
Joint Public Hearing and Council Workshop Meeting August 29, 2017
Mayor Harvey opened the Town Council Public Hearing to receive public comments concerning the following:
- To amend and reenact Chapter 185, Section 16 – Failure to pay license fee or personal
property tax; registration withholding; violations and penalties.
The amendment is as follows:
(B) It shall be unlawful for any owner of a motor vehicle to fail to pay the local license fee or personal property taxes assessed with respect to each motor vehicle after September 30 of each year, and with respect to any fees not paid at that time, a fee of $40 $45 to reimburse the Town of Appomattox for costs associated with administration of the Vehicle Registration Withholding Program with the Commonwealth of Virginia Department of Motor Vehicles shall be assessed.
Mayor Harvey asked for any public comments. There were no comments made.
On a motion by Mr. Garrett, seconded by Ms. Spiggle, Council voted to close the public hearing at 6:14 p.m. All members present voting aye. Motion carried 5-0.
Before beginning the Council Workshop meeting, Mayor Harvey announced the addition of Item
13 – Consideration to approve the purchase of the pump for Pump Station #6 of $19,492.00.
On a motion by Ms. Spiggle, seconded by Mr. McDearmon, Council voted to amend and reenact the Appomattox Town Code, Chapter 185, Section 16 – Failure to pay license fee or personal property tax; registration withholding; violations and penalties.
AN ORDINANCE TO AMEND AND REENACT the Code of the Town of Appomattox, Article II, Chapter 185, thereof, entitled Vehicle License Fee, by amending §185-16 Failure to pay license fee or personal property tax; registration withholding; violations and penalties.
Be it ordained by the Council of the Town of Appomattox as follows:
Section 1. Chapter 185, Vehicle License Fee, of the Code of the Town of Appomattox is hereby amended to read as follows:
§185-16. Failure to pay license fee or personal property tax; registration withholding; violations and penalties.
(A) In the event that the license fee required by this Article is not paid, or if any personal property taxes, properly assessed against such vehicle, are not paid on or before September 30 of each year, with respect to each owner or co-owner of any motor vehicle as to which the license fee has not been paid, or any personal property taxes have not been paid, the Treasurer shall mail to the owner/co-owner by First Class Mail notice of intent to request the Commonwealth of Virginia Department of Motor Vehicles under the
4 Appomattox Town Council
Joint Public Hearing and Council Workshop Meeting August 29, 2017
Vehicle Registration Withholding Program to deny his or her registration renewal with respect to the vehicle which is subject to the license fee or personal property tax herein. In the event of payment of that vehicle license fee and/or delinquent personal property taxes, the Treasurer shall provide the vehicle owner/co-owner an approved numbered receipt that clearly indicate that the vehicle fees and delinquent taxes to the locality, together with the penalty, interests and administrative fee herein above set forth.
(B) It shall be unlawful for any owner of a motor vehicle to fail to pay the local license fee
or personal property taxes assessed with respect to each motor vehicle after September 30 of each year, and with respect to any fees not paid at that time, a fee of $40 $45 to reimburse the Town of Appomattox for costs associated with administration of the Vehicle Registration Withholding Program with the Commonwealth of Virginia Department of Motor Vehicles shall be assessed.
(C) A violation of this section shall constitute a Class 4 misdemeanor and shall be punished
by a fine of one hundred dollars ($100.00).
(D) A violation of this section by the registered owner of the vehicle shall not be discharged by prepayment of a fine or by payment of a fine imposed by the court except upon presentation of satisfactory evidence that the required license has been obtained.
Section 2. Effective Date.
ENACTED AND ORDAINED THE 13th day of July, 2015 29th of August, 2017. This ordinance shall become effective upon passage.
All members present voting aye. Motion carried 5-0.
On a motion by Mr. Conner, seconded by Mr. McDearmon, Council voted to approve the request on behalf of the Appomattox Tourism Committee to hold a Christmas Event in Downtown Appomattox on Saturday, December 2, 2017 from 10:00 a.m. to 6:30 p.m. with the use of the Depot for crafts and wreath making and voted to waive the $25.00 application fee. All members present voting aye. Motion carried 5-0.
On a motion by Mr. Conner, seconded by Mr. Garrett, Council voted to approve the request to advertise a Request for Proposal for a Historic Preservation Architect for the Appomattox Depot. All members present voting aye. Motion carried 5-0.
On a motion by Mr. Conner, seconded by Mr. Garrett, Council voted to deny contributing to the local match of the Arts Challenge Grant for Wolfbane Productions. All members present voting aye. Motion carried 5-0.
Mr. Shanaberger discussed with Council a request from Appomattox County to mark fiber optic lines. Mr. Shanaberger will discuss the request further with Ms. Adams, County Administrator.
5 Appomattox Town Council
Joint Public Hearing and Council Workshop Meeting August 29, 2017
On a motion by Mr. Conner, seconded by Mr. Garrett, Council voted to approve funding for Pump Station #6 in the amount of $19,492. All members present voting aye. Motion carried 5-0.
Staff Reports: Mr. Shanaberger reported at Liberty Baptist Church will be demolishing the former home of Mr. and Mrs. Babcock on Lee Grant Avenue to install a parking lot. He also reported that he will be providing an ESRI Report to members of the Town’s EDA and Council in the next week or so.
Council members sent prayers of concern to the family of Councilmember Finch during the illness of her father.
On a motion by Mr. McDearmon, seconded by Mr. Garrett, Council voted to adjourn at 7:10 pm. All members present voting aye. Motion carried 5-0.
Roxanne W. Casto, MMC Clerk of Council
Paul D. Harvey, Mayor