1 Appomattox Town Council
Workshop Meeting June 23, 2020
The Appomattox Town Council held a Workshop meeting on Tuesday, June 23, 2020 at 6:00 p.m. at the Appomattox Municipal Building, 210 Linden Street, Appomattox, Virginia with Mayor Harvey, presiding.
Town Council members present were Jonathan D. Garrett, James Boyce, Sr., Mary Lou Spiggle, Timothy W. Garrett, and Claudia G. Puckette.
Town Council members absent were Steven T. Conner.
Staff present were Town Manager, Gary Shanaberger; Town Treasurer, Kim Ray; and Town Clerk, Roxanne Casto.
Other guests present: Honorable Janet Hix, Sam Vance, Richard Conner and special guests, Tracy Shaw, Bif Johnson, Susan Adams, Don Jones, and Carlton Duck.
The meeting was also broadcast LIVE on the Town of Appomattox Facebook page and allowed public phone participation through FreeConferenceCall.com.
Mayor Harvey called the meeting to order and welcomed the guests present.
The Honorable Janet A. Hix, Appomattox County Circuit Court Clerk was present to administer the oath of offices to the Mayor, Richard C. Conner and Council Members Claudia Puckette, Mary Lou Spiggle, Paul Harvey, Timothy Garrett & Jonathan Garrett. Mr. Nathan Simpson was not present however, he is able to stop by the Circuit Court Clerks office anytime before June 30, 2020 to be sworn in.
Mr. Timothy W. Garrett, Vice-Mayor presented Plaques of Recognition of Service to Paul Harvey for his service as Mayor from July 1, 2008 to June 30, 2020 and to Mr. James J. Boyce, Sr., for his service as Council Member from July 1, 2018 to June 30, 2020. Mr. Steven Conner was unable to attend to receive his plaque, however, he will be recognized at a future meeting.
Public Hearing: Mayor Harvey opened the public hearing and stated the purpose:
To hear citizen comments regarding Notice of Public Hearing under Section 15.2-2606
Code of Virginia of Proposed Issuance of Town of Appomattox $3,780,000 Wastewater System Improvement Revenue Bond, Series 2020.
There were no public comments.
Mayor Harvey closed the hearing.
Action Items: On a motion by Mr. T. Garrett, seconded by Ms. Spiggle, Council adopted a Resolution authorizing the issuance, sale, and award of an up to $3,780,000 Wastewater System Improvement Revenue Bond, Series 2020, and providing the form, details, and payment thereof:
A RESOLUTION AUTHORIZING THE ISSUANCE, SALE AND AWARD OF AN UP TO $3,780,000.00 WASTEWATER SYSTEM IMPROVEMENT REVENUE BOND, SERIES 2020 AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF
WHEREAS, the Town of Appomattox, Virginia (the “Town”), is a public body politic and corporate of the Commonwealth of Virginia duly created under charter by Order of the Circuit Court of Appomattox County, Virginia, dated June 2, 1925; and
WHEREAS, the Town has determined to acquire, construct and improve its wastewater reclamation facility on Ethel Street in the Town and to finance such in part through the issuance of its revenue bond (the “Project”);
WHEREAS, the United States of America acting through the Rural Utilities Service (the “Government”), has offered to purchase the Town’s up to $3,780,000.00 Wastewater System Improvement Revenue Bond, Series 2020, bearing interest at the rate and on the terms and conditions otherwise described in Section 2.2 below (the “Bond”) and to further provide Rural Development Grants not to exceed $1,879,000 and $3,501,000 (the “Grants”) on the terms described in a Letter of Conditions, dated April 29, 2015, as amended July 17, 2018, attached hereto as Exhibit A (the “Letter of Conditions”) for a total project cost of $9,160,000; and
WHEREAS, the Town has determined to satisfy the terms of the Letter of
Conditions and award the Bond to the Government, and to accept the Grants;
NOW, THEREFORE, BE IT RESOLVED BY TOWN COUNCIL OF THE TOWN
OF APPOMATTOX, VIRGINIA:
ARTICLE 1) AUTHORIZATION OF PROJECT
Section a)
The Project: In order to improve the Town’s waste water reclamation facility located in Ethel Street serving the citizens of the Town, the acquisition, construction and improvement of the Project has been duly authorized by Loan Resolution (RUS Bulletin 1780-27) of the Town Council, dated August 10, 2015, a copy of which is attached hereto as Exhibit B and which is hereby ratified, confirmed and approved. The Town hereby ratifies confirms and approves the RUS Grant Agreements (RUS Bulletin 1780-12), a copies of which are on file with the Town.
ARTICLE 2) AUTHORIZATION, FORM, EXECUTION, DELIVERY,
REGISTRATION AND PREPAYMENT OF BONDS
Section a)
Authorization of Bond; Acceptance of Grants: There is hereby authorized to be issued the revenue bond of the Town in the principal amount of up to $3,780,000.00 to provide funds to finance the Project. The Bond shall be designated “Town of Appomattox, Virginia $3,780,000.00 Wastewater System Improvement Revenue Bond, Series 2020” and shall be sold to the Government upon the terms set forth in the Letter of Conditions. The acceptance of the Grants is hereby approved. The proceeds from the issuance and sale of the Bond and the Grants shall be used to pay the costs of the Project.
Section b)
Details of Bond: The Bond shall be issued as follows:
(a)
A single fully registered bond without coupons in the denomination of $3,780,000.00, registered in the name of United States of America, Rural Utilities Service, which shall be numbered R-1, shall be dated the date upon which the Bond is delivered to the Government upon payment of the purchase price (the “Closing Date”) and shall bear interest at the rate not to exceed Two and One Eighth (2.125%) Per Cent per year on the unpaid principal balance; provided, however, that should the Government offer a lower rate of interest on the Bond, such lower rate shall be conclusively accepted by the Town, including the associated lower installment amount for payment thereof, it being the intent of the Town to obtain to lowest cost of borrowed funds for the permanent financing for the Project. The Bond shall be in substantially the form set forth on Exhibit C hereto.
(b)
Interest only shall be payable during the first twenty-four (24) months thereof and shall be payable annually on the first and second anniversary dates thereof. Thereafter the Bond shall provide for monthly payment of combined principal and interest beginning twenty five (25) months following the Closing Date and continuing each month thereafter for a period of 455 months until paid. If not sooner paid, the final installment shall be due and payable 480 months from the Closing Date. The payment of every installment shall be applied first to interest accrued to the payment date and then to principal. In the event the Closing Date occurs on the 29th, 30th or 31st day of a month, the installment payment date shall be the 28th day of the month.
(c)
Installments shall be payable in lawful money of the United States of America in accordance with the Preauthorized Debit System described in the Letter of Conditions at such address as shall be provided from time to time by the registered owner, except that the final installment shall be payable upon presentation and surrender of the Bond at the office of the Registrar.
Section c)
Execution of Bond: The Bond shall be signed by the Mayor of the Town and countersigned by its Clerk and its seal shall be affixed thereto. The Mayor is expressly authorized and directed to finally determine and approve the details of the Bond except that (a) the maximum principal shall not exceed $3,708,000 (b) the maximum interest rate shall not exceed 2.125% per annum and (c) the final maturity date shall be a date no later than forty (40) years from the date of issuance. Such determination and the execution and delivery of the Bond on the closing date and delivery to the Government shall constitute conclusive evidence of approval and no further action by the Town shall be required.
Section d)
Registration and Exchange of Bond: The Treasurer of the Town is hereby appointed Registrar. Transfer of the Bond may be registered upon books maintained for that purpose at the office of the Registrar. The initial address of the registered owner of the Bond shall be Finance Office, USDA Rural Development, 1520 Market Street, St. Louis, Missouri 63103- 2696. Prior to due presentment for registration of transfer the Registrar shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner. The Bond shall initially be registered in the name of Rural Utilities Service with an address of 1520 Market Street, St. Louis, Missouri 63103-2696.
Section e)
Delivery of Bond: The Mayor and the Clerk are hereby authorized and directed to take all proper steps to have the Bond prepared and executed in accordance with its terms and to deliver the Bond to the Government upon payment therefor. The Mayor and the Clerk are further authorized and directed to agree to and comply with, on behalf of the Town, any and all further conditions and requirements of the Government not inconsistent with this resolution in connection with its purchase of the Bond.
Section f)
Prepayment of Bond: Installments of principal due on the Bond may be prepaid at the option of the Town at any time as a whole or in part from time to time (and if in part in inverse order of their maturities), without premium, from any source. Prepayments of installments of principal shall not affect the obligation of the Town to pay the remaining installments payable as provided in Section 2.2.
ARTICLE 3) REVENUES AND FUNDS; BOND PROCEEDS; RESERVE
Section 3.1
Revenue Fund: All rates, fees and other charges or other revenue derived from the ownership or operation of the Town’s wastewater system (the “System”) shall be collected and, so far as may be practicable, deposited not less frequently than weekly in a special account designated the Revenue Fund. Moneys on deposit in the Revenue Fund shall be used only in the manner and priority set out below.
Section 3.2
Rates and Charges:
The Town covenants that it shall establish and collect rates and charges with respect to the System sufficient to pay the principal of and interest on the Bond. Further, as required under the Letter of Conditions, the Town hereby approves and confirms that a Ten Percent (10%) penalty shall be assessed on all user accounts with respect to the System that are not paid, in full, within twenty (20) days from the date of billing therefor. To the fullest extent allowed under Virginia law, the Town shall discontinue service to any user if such billing invoice is not paid within sixty (60) days after the due date thereof, and further, such service shall not be restored until all past charges have been paid and all accrued penalties, including a reconnection charge, have been paid to the Town, in full.
Section 3.3 Debt Service Fund: Each month the Town shall transfer from the Revenue Fund to a separate account designated the Debt Service Fund an amount equal to the installments of interest, or principal and interest, as the case may be, coming due on the Bond that
month. If there should be insufficient moneys in the Revenue Fund for this purpose, the deficit shall be added to the required payment for the month or months next ensuing until such deficit is eliminated. When the balance in the Debt Service Fund equals the principal of and interest on the Bond then outstanding to its maturity, no further transfers to the Debt Service Fund shall be required. The Town shall pay installments of principal and interest on the Bond as the same become due from the Debt Service Fund.
Section 3.4. Debt Service Reserve Fund: Following the transfer required in Section 3.3 above, each month, beginning with the month of the first payment of principal and interest on the Bond, the Town shall transfer from the Revenue Fund to a separate account designated the Debt Service Reserve Fund, as a reserve against the payment of principal and interest on the Bond and operation and maintenance of the Project, an amount equal to Ten Percent (10%) of the amount of the monthly installment of principal and interest coming due that month. Thereafter, so long as the Debt Service Reserve Fund maintains a balance of at least an amount that is equal to the maximum annual debt service on the Bond that shall be due and payable by the Town, and additional reserve deposits shall be established and maintained as required under the Letter of Conditions, such monies may be used by the Town from time to time upon notice to and consent therefore by the Government, which consent shall not be unreasonably withheld.
Section 3.5
Balance in Revenue Fund: Any balance remaining in the Revenue Fund each month, after making the transfers required by Section 3.3 and 3.4 may be used by the Town for any lawful purpose.
Section 3.6
Pledge of Revenues:
(a)
All revenues and receipts derived by the Town from the use of and services furnished by the System (the “Revenues”) and all moneys in the Revenue Fund, the Debt Service Fund and Debt Service Reserve Fund are hereby pledged to the payment and performance of the Town’s obligations on the Bond, subject to the rights of the Town to use the Revenues for the operation and maintenance expenses of the System, as provided herein.
(b)
The pledge of Revenues pursuant to this Resolution with respect to the Bond and shall be valid and binding from and after the Closing Date. The Revenues, as received by the Town, shall be immediately subject to the lien of such pledge without any physical delivery of them or further act. Such pledge of the Revenues to secure the payment and performance of the Town's obligations under the Bond shall have priority over all obligations and liabilities of the Town. The lien of this pledge of the Revenues with respect to the Bond shall be valid and binding against all parties having claims against the Town regardless of whether such parties have notice thereof.
NONE OF THE TOWN, THE COMMONWEALTH OF VIRGINIA, NOR THE COUNTY OF APPOMATTOX NOR ANY OTHER POLITICAL SUBDIVISION OF THE COMMONWEALTH OF VIRGINIA, SHALL BE OBLIGATED TO PAY THE PRINCIPAL OF OR INTEREST ON THE BOND OR ANY OTHER COSTS INCIDENT THERETO OR TO FUND THE DEBT SERVICE RESERVE FUND, INCLUDING ANY OTHER ADDITIONAL PAYMENTS UNDER THE LETTER OF CONDITIONS, IF ANY, EXCEPT FROM THE REVENUES AND OTHER SECURITY PLEDGED THEREFOR BY THE TOWN, AND
NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE COMMONWEALTH OF VIRGINIA OR ANY POLITICAL SUBDIVISION THEREOF SHALL BE PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THE BOND OR OTHER COSTS INCIDENT THERETO OR TO FUND THE DEBT SERVICE RESERVE FUND, INCLUDING ANY OTHER ADDITIONAL PAYMENTS UNDER THE LETTER OF CONDITIONS, IF ANY. NEITHER THE BOND NOR THE OBLIGATIONS OF THE TOWN UNDER THE LETTER OF CONDITIONS OR THIS BOND RESOLUTION CONSTITUTE A DEBT OR A PLEDGE OF THE FAITH AND CREDIT OF THE COMMONWEALTH OF VIRGINIA, THE TOWN, OR ANY OTHER POLITICAL SUBDIVISION OF THE COMMONWEALTH OF VIRIGNIA.
Section 3.7
Construction Fund; Account Pledge: All amounts from the proceeds of the Bond shall be deposited in a separate account with a qualifying depository designated the Construction Account and shall be used solely for the purpose of paying authorized costs of the Project. All amounts in the Construction Fund are hereby pledged to secure the payment of principal and interest on the Bond.
ARTICLE 4) SECURITY FOR DEPOSITS AND INVESTMENT OF FUNDS
Section a)
Security for Deposits: All moneys on deposit with any bank or trust company shall be secured for the benefit of the Town and the holder of the Bond in the manner required by the Virginia Security for Public Deposits Act (Chapter 44, Title 2.2, Code of Virginia of 1950, as amended) or any successor provision of law.
ARTICLE 5) MISCELLANEOUS
Section a)
Contract with Bondholder: The provisions of this resolution shall constitute a contract between the Town and the holder of the Bond for so long as the Bond and interest thereon are outstanding.
Section b)
Town Officers and Agents: The officers and agents of the Town shall do all acts and things required of them by this resolution, the Bond and the Virginia Public Finance Act (Chapter 26, Title 15.2, Code of Virginia of 1950, as amended) for the complete and punctual performance of all the terms, covenants and agreements contained therein.
Section c)
Limitation of Rights: Nothing expressed or mentioned in or to be implied from this resolution or the Bond is intended or shall be construed to give to any person or company other than the parties hereto and the holder of the Bond any legal or equitable right, remedy or claim under or in respect to this resolution or any covenants, conditions and agreements herein contained; this resolution and all of the covenants, conditions and agreements hereof being intended to be and being for the sole and exclusive benefit of the parties hereto and the holder of the Bond as herein provided.
Section d)
Limitation of Liability of Officials of Town: No covenant, condition or agreement contained herein shall be deemed to be a covenant, agreement or obligation of a present or future member, officer, employee or agent of the Town in his individual capacity, and neither the members of the Town Council nor any officer thereof executing the Bond shall be liable personally on the Bond or be subject to any personal liability or accountability by reason of the issuance thereof. No member, officer, employee or agent of the Town shall incur any personal liability with respect to any other action taken by him pursuant to this resolution or the Virginia Public Finance Act (Chapter 26, Title 15.2, Code of Virginia of 1950, as amended), provided he acts in good faith.
Section e)
Conditions Precedent: Upon the issuance of any Bond all acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia or this resolution to have happened, exist and to have been performed precedent to or in the issuance of such Bond shall have happened, exist and have been performed.
Section 5.6
Series Designation: In the event the Bond are not issued during calendar year 2020, the Mayor and Clerk of the Town are hereby authorized and directed to change the series designation to such other year as may be appropriate at the time of their issuance. Thereafter all references in this resolution to the Bond shall be deemed to refer to the revenue Bond issued pursuant to Article 3 under their new series.
Section 5.7
Repeal of Resolutions in Conflict: All other resolutions, or parts thereof, in conflict with this resolution are hereby repealed except for such resolutions as may have been adopted by the Town at the specific request of the Government as a condition to its purchase of the Bond.
Section 5.8. Reserves; Audit Requirements, Accounts and Records. The establishment, funding and maintenance of reserves as required by the Government as described in the Letter of Conditions are hereby authorized and approved. The Mayor and Clerk are hereby authorized and directed to coordinate with the Town's outside auditors in order for the Town to satisfy (and otherwise comply with) the audit requirements and any other accounting and financial reporting terms and conditions as set forth in the Letter of Conditions.
Section 5.9
Successors and Assigns: All the covenants, stipulations, promises and agreements of the Town contained in this resolution shall bind and inure to the benefit of its successors and assigns, whether so expressed or not.
Section 5.10 Headings: Any headings in this resolution are solely for convenience of reference and shall not constitute a part of the resolution nor shall they affect its meaning, construction or effect.
Section 5.11 Severability: If any court of competent jurisdiction shall hold any provision of this resolution to be invalid and unenforceable, such holding shall not invalidate any other provision hereof.
Section 5.12 Filing of Bond Resolution. The Mayor or Clerk Council, either of whom may act, any other appropriate representative or agent of the Town, is hereby authorized and directed to see to the filing of a certified copy of this resolution in the Office of the Clerk of the Circuit Court of the County of Appomattox.
Section 5.13 Effective Date: This resolution shall take effect immediately. The Clerk of the Town is hereby authorized and directed to file a certified copy of this resolution in the office of the Town.
This Resolution was passed by a vote of the Appomattox Town Council on the 23rd day of
June, 2020.
(SEAL)
ATTEST:
Mayor, Town of Appomattox
Clerk of Council
Exhibit A: Letter of Conditions Exhibit B: RUS Bulletin 1780-27, Loan Resolution Exhibit C: Form of Bond
CERTIFICATE OF VOTES
The undersigned hereby certifies that the foregoing constitutes a true and correct copy of the foregoing Bond Resolution, duly adopted by the members of the Appomattox Town Council by a roll call vote at a regular meeting duly held and called on the date hereof, as follows:
Name
Aye
Nay
Abstain
Absent
10 Appomattox Town Council
Workshop Meeting June 23, 2020
EXHIBIT A LETTER OF CONDITIONS
11 Appomattox Town Council
Workshop Meeting June 23, 2020
EXHIBIT B LOAN RESOLUTION RUS 1780-27
12 Appomattox Town Council
Workshop Meeting June 23, 2020
EXHIBIT C TO RESOLUTION OF TOWN OF APPOMATTOX Dated _, 2020
No. R-1
$3,780,000.00
UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA TOWN OF APPOMATTOX WASTEWATER SYSTEM IMPROVEMENT REVENUE BOND, SERIES 2020
The Town of Appomattox (the “Town”), a public body politic and corporate of the Commonwealth of Virginia duly created under charter by Order of the Circuit Court of Appomattox County, Virginia, dated June 2, 1925, for value received, hereby promises to pay to the United States of America, Rural Utilities Service, (the “Government”), or registered assigns, the principal sum of
THREE MILLION SEVEN HUNDRED AND EIGHTY THOUSAND DOLLARS ($3,780,000.00)
and to pay to the registered owner hereof interest on the unpaid principal from the date hereof until payment of the entire principal sum at the rate of Two and One Eighth Percent (2.125 %) per year. Interest only shall be payable during the first twenty-four (24) months hereof and shall be payable annually on the first and second anniversary dates hereof. Thereafter monthly payments of combined principal and interest of Twelve Thousand Ninety Six ($12,096.00) Dollars and No Cents shall be payable beginning on the twenty fifth (25th) month from the date hereof and continuing monthly thereafter for Four Hundred Fifty Five (455) consecutive months thereafter until the principal of this bond is paid in full, each installment to be applied first to interest accrued to such payment date and then to principal. The final installment, if not sooner paid, of all amounts owed hereunder shall be due and payable Four Hundred Eighty (480) months from the date hereof. Such installments shall be payable in lawful money of the United States of America by pre-authorized electronic debit for the account of the registered owner of the Bond at such address as shall be provided from time to time by the registered owner, except that the final installment shall be payable upon presentation and surrender hereof at the office of the Registrar.
Amounts shall be advanced against this bond as requested by the Town and approved by the Government and the Town agrees to use the proceeds of advances solely for the purposes authorized by the Government.
13 Appomattox Town Council
Workshop Meeting June 23, 2020
This bond has been authorized by a resolution adopted by the Town Council on June 23, 2020 (the “Bond Resolution”), and is issued pursuant to the Charter and the Virginia Public Finance Act (Chapter 26, Title 15.2, Code of Virginia of 1950, as amended) to provide funds to finance improvements to the Town’s wastewater system. A copy of the Bond Resolution is on file at the Town Hall, Appomattox, Virginia. Reference is hereby made to the Bond Resolution and any amendments thereto for the provisions, among others, describing the pledge and covenants securing the bond, the nature and extent of the security, the terms and conditions upon which the bond is issued, the rights and obligations of the Town and the rights of the bondholder.
All revenues derived by the Town from its wastewater system are hereby pledged to
the payment of the principal of and interest on the bond.
Installments of principal due on this bond may be prepaid at the option of the Town at any time as a whole or in part from time to time (but if in part, in inverse order of their maturities), without premium. Prepayments of installments of principal shall not affect the obligation of the Town to pay the remaining installments payable as provided above.
This bond is fully registered as to both principal and interest. Transfer of this bond may be registered upon books maintained for that purpose by the Registrar. Prior to due presentment for registration of transfer the Registrar shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner.
Any amount expended or advanced by the Government for the collection hereof or to protect any security therefor, at the option of the Government, shall become a part of and bear interest at the same rate as the principal hereof and be immediately due and payable by the Town to the Government without demand.
All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed.
IN WITNESS WHEREOF, the Town has caused this bond to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto and this bond to be dated ___ 2020.
14 Appomattox Town Council
Workshop Meeting June 23, 2020
(CORPORATE SEAL)
ATTEST:
TOWN OF APPOMATTOX, VIRGINIA
Clerk, Town of Appomattox
Mayor, Town of Appomattox
15 Appomattox Town Council
Workshop Meeting June 23, 2020
TRANSFER OF BOND
Transfer of this bond may be registered by the registered owner or his duly authorized attorney upon presentation hereof to the Registrar who shall make note of such transfer in books kept by the Registrar for that purpose and in the registration blank below.
Date of Registration
Name of Registered Owner
Signature
of Registrar
__ 2020
United States of America Rural Utilities Service
16 Appomattox Town Council
Workshop Meeting June 23, 2020
RECORD OF ADVANCES
AMOUNT
DATE
AMOUNT
DATE
17 Appomattox Town Council
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Roll Call Vote: J. Garrett – yes, T. Garrett – yes, M. Spiggle – yes, C. Puckette – yes, J. Boyce – yes, Conner – absent. Motion carried 5-0.
On a motion by Mr. Boyce, seconded by Mrs. Puckette, Council voted to adopt an Appropriations Resolution of the Appomattox Town Council adopting the Fiscal Year 2020- 2021 Budget for the Town of Appomattox, Virginia:
AN APPROPRIATIONS RESOLUTION OF THE APPOMATTOX TOWN COUNCIL ADOPTING THE FISCAL YEAR 2020-2021 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 2020-2021 Budget was published on May 27, 2020 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, June 8, 2020;
SECTION III: NOW, THEREFORE, BE IT RESOLVED, that the Appomattox Town Council meeting in a Workshop Session on June 23, 2020, does hereby approve the following General Fund Expenditures by Category for Fiscal Year 2020-2021;
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 Zoning Town Office TOTAL GENERAL FUND EXPENSES
44,700. 516,404. 118,000. 94,644. 75,700. 281,000. 934,312. 150,000. 1,030,673. 36,250. 10,000. 7,000. 27,100. 3,325,783.
18 Appomattox Town Council
Workshop Meeting June 23, 2020
SECTION IV: BE IT FURTHER RESOLVED, that the Appomattox Town Council hereby establishes the property tax rate at $.11 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 $.11 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, 2020, 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 56.25% tax relief; • Personal use vehicles valued at $20,001 or more shall only receive 56.25% 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 2020-2021;
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 Communications Tax Zoning Interest Rental of Misc. Property Motor Vehicle Tax Sales Tax
155,000. 70,000. 3,000. 5,000. 6,000. 140,000. 130,000. 770,000. 40,000. 3,000. 6,000. 25,000. 150,000. 6,500. 1,000. 10,000. 9,000. 3,500. 60,000.
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Aid to Police Department (HB599) Fire Programs Personal Prop Tax Relief Act State Funds Visitor Center Mobile Home Titling Tax Miscellaneous Grants Town DMV Fees Meadowlark Program Grant Revenue Meadowlark Program Income Other Reimbursable Transfer from Reserve TOTAL GENERAL FUND REVENUES
44,000. 10,000. 23,107. 400. 500. 1,000. 700,000. 3,000. 53,473. 2,920. 500. 893,883. 3,325,783.
SECTION VI: BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Water Fund Expenditures for Fiscal Year 2020-2021;
WATER FUND; EXPENDITURES BY CATEGORY: Water Department TOTAL WATER EXPENDITURES
623,277. 623,277.
SECTION VII: BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Water Fund Revenue estimates for Fiscal Year 2020-2021;
WATER FUND; REVENUES BY CATEGORY: Water Sales Connection Fees Penalty Fees Availability Fees Reconnect Fees Miscellaneous Interest Credit Card Fees Rental of Misc. Property Intergovernmental Revenue Use of Fund Balance TOTAL WATER REVENUES
350,000. 7,500. 15,000. 10,000. 4,000. 500. 4,000. 3,000. 35,000. 25,000. 169,277. 623,277.
SECTION VIII: BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Sewer Fund Expenditures for Fiscal Year 2020-2021;
SEWER FUND; EXPENDITURES BY CATEGORY:
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Sewer Department TOTAL SEWER EXPENDITURES
1,032,689. 1,032,689.
SECTION IX: BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Sewer Fund Revenue estimates for the Fiscal Year 2020-2021;
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 TOTAL SEWER REVENUES
850,000. 2,500. 7,500. 76,573. 1,800. 3,500. 1,700. 89,116. 1,032,689.
SECTION X: BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Internal Service Fund Expenditures for Fiscal Year 2020-2021;
INTERNAL SERVICE FUND; EXPENDITURES BY CATEGORY: Internal Service Department TOTAL INTERNAL SERVICE FUND EXPENDITURE
138,700. 138,700.
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 2020-2021;
INTERNAL SERVICE FUND; REVENUE BY CATERGORY: Reserves TOTAL INTERNAL SERVICE REVENUE
138,700. 138,700.
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.
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Workshop Meeting June 23, 2020
SECTION XIII: BE IT FURTHER RESOLVED, that the Appomattox Town Council may amend the Fiscal Year 2020-2021 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 2020-2021 is hereby adopted, effective July 1, 2020 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 23rd day of June, 2020.
Attest:
Roxanne W. Casto, Town Clerk
Paul D. Harvey, Mayor
All members present voting aye. Motion carried 5-0.
Church Street Waterline Replacement Project Mr. Bif Johnson appeared before Council to explain the proposal for the grant application assistance for CDBG and Rural Development. The CDBG maximum amount is $650,000. The project is estimated to cost $1.5 million dollars. He suggested applying for both grants.
Rural Development would like for the Town to close out the current grant opportunity for the sewer project before applying for the funding for the Church Street waterline replacement project.
On a motion by Mr. T. Garrett, seconded by Ms. Spiggle, Council voted to accept the proposal by Hurt & Proffitt, Inc. to manage the grant application for the Church Street Water Replacement Project. All members present voting aye. Motion carried 5-0.
On a motion by Mr. T. Garrett, seconded by Mr. J. Garrett, Council voted to adopt a Resolution Amending the FY 2020 Operating Budget for payment to the Economic Development Authority for the 2020 Business License Stimulus Refund:
Consideration to adopt a resolution amending the FY 2020 Operating Budget for payment to the Economic Development Authority for the 2020 Business License Stimulus Refund.
WHEREAS, Section15.2-2507, Code of Virginia, allows that a governing body may amend
the budget from time to time
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Workshop Meeting June 23, 2020
- NOW THEREFORE, BE IT RESOLVED, that the Appomattox Town Council does hereby
amend the FY 2020 Operating Budget for the General Fund.
General Fund Expenditures Business License Stimulus Refund to EDA
Net Increase in Budget
General Fund Revenues Use of Undesignated Reserve
Net Increase in Budget
$ 43,457.37
$ 43,457.37
$ 43,457.37
$ 43,457.37
SECTION XIII: BE IT FURTHER RESOLVED, by the Town Council of Appomattox, Virginia that the Fiscal Year 2020 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 _ day of ___ 2020.
Attest:
Roxanne Casto, Town Clerk
Roll Call Vote: J. Garrett – yes, T. Garrett – yes, M. Spiggle – yes, C. Puckette – yes, J. Boyce – yes. Motion carried 5-0.
On a motion by Mr. Boyce, seconded by Mr. T. Garrett, Council voted to adopt a Resolution amend the FY 2020 Operating Budget for the General Fund to subsidize the reduction of the utility rates by 25% for the April and May 2020 billing periods.
- Consideration to adopt a resolution amending the FY 2020 for the General Fund to Subsidize
the reduction of the utility rates by 25% for the April and May 2020 billing periods.
- WHEREAS, Section15.2-2507, Code of Virginia, allows that a governing body may amend
the budget from time to time
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Workshop Meeting June 23, 2020
- NOW THEREFORE, BE IT RESOLVED, that the Appomattox Town Council does hereby
amend the FY 2020 Operating Budget for the General Fund.
General Fund Expenditures Transfer to Water Transfer to Sewer
$ 26,461.56 $ 16,463.82
General Fund Revenue Use of Undesignated Reserve
$ 42,925.38
Water Fund Revenue Transfer from General Water Sales
Sewer Fund Revenue Transfer from General Sewer Sales
$ 26,461.56 $ (26,461.56)
0.00
$ 16,463.82
$ (16,463.82)
0.00
SECTION XIII: BE IT FURTHER RESOLVED, by the Town Council of Appomattox, Virginia that the Fiscal Year 2020 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 _ day of ___ 2020.
Attest:
Roxanne Casto, Town Clerk
Roll Call Vote: J. Garrett – yes, T. Garrett – yes, M. Spiggle – yes, C. Puckette – yes, J. Boyce – yes. Motion carried 5-0.
On a motion by Mr. J. Garrett, seconded by Mrs. Puckette, Council voted to amend and re-enact the Code of the town of Appomattox, by adding thereto a new section numbered 10-9, relating to the declaration of curfews in times of emergency.
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Workshop Meeting June 23, 2020
AN ORDINANCE TO AMEND AND RE-ENACT THE CODE OF THE TOWN OF APPOMATTOX, BY ADDING THERETO A NEW SECTION NUMBERED 10-9, RELATING TO THE DECLARATION OF CURFEWS IN TIMES OF EMERGENCY. BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF APPOMATTOX:
- That the Code of the Town of Appomattox be and the same is hereby amended and re-enacted by adding thereto Section 10-9 as follows:
§ 10-9. Curfews after declaration of emergency. (a) Pursuant to the police powers granted to the town by its charter and by Virginia Code § 15.2-1102, and in the interest of promoting public safety, the Director of Emergency Services or his designee (collectively referred to in this section as the “Director”) is hereby authorized to impose a curfew after the declaration of an emergency, in accordance with the provisions of this section. (b) As used in this section, "curfew" means an order issued by the Director prohibiting persons from being present on any street, road, alley, avenue, park or other public place in the town or any portion thereof designated by such Director during specified times of the day or night; (c) The Director may declare a curfew if he deems such action necessary for the preservation of life or property, the implementation of emergency mitigation, preparedness, response actions or recovery actions anticipated or resulting from the dangers caused by the condition leading to the emergency declaration, pursuant to the following procedure: (1) The authority conferred upon the Director by this section shall arise only after either the state or the town declares an emergency in accordance with the provisions of Virginia Code § 44-146.19 or 44-146.21 for a geographical area located within the town; (2) The curfew shall be announced in such manner as is reasonably calculated to provide notice to the public of the imposition of the curfew. Termination of curfew shall be in like manner; (3) The declaration of a curfew, circumstances justifying its imposition, time and areas of the town in which the curfew is in effect, and the means and time of the public announcement of the curfew shall be recorded in a written document signed by the Director and maintained in the records of the town; (4) No curfew shall be imposed except in areas and at times that can be justified as necessary for the public safety. (5) The action of the Director in imposing a curfew during an emergency declaration shall be ratified by the town council at its next regularly scheduled meeting. (d) After the declaration and public announcement of a curfew, it shall be unlawful for: (1) Any person, after having been warned by a law-enforcement officer, to remain on any street, road, alley, avenue, park or other public place in the town, or in any vehicle operating or parked thereon, in any portion of the town designated by the Director; and (2) The owner or proprietor of any retail, wholesale or eating and drinking establishment, entertainment venue or similar establishment, or other person in control of such establishment, to allow any person to remain on the premises without the express written permission of the Director; provided, however, that this prohibition shall not apply to lodging establishments serving registered guests. (e) The following persons shall be exempt from the provisions of this section while on duty or traveling to and from work: (1) Persons traveling to and from home, work, or places of worship; (2) Hospital personnel; (3) Members of the press; (4) State, Appomattox County, and Town of Appomattox employees and volunteers; (5) Military personnel including but not limited to national guard troops; (6) Employees of public utility companies; (7) Private emergency medical transport workers; and (8) Other emergency workers as authorized by the Director. (f) Nothing in this section shall be
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Workshop Meeting June 23, 2020
construed to prohibit or restrict travel to a hospital in the event of a medical emergency, nor shall such travel be considered in violation of this section. (g) A violation of this section shall be punishable as a Class 1 misdemeanor.
- That this ordinance shall become effective upon its adoption.
Adopted: __
Certified: _ Clerk of Council
All members present voting aye. Motion carried 5-0.
Proposed Lease Agreement – Appomattox County Chamber of Commerce Discussion of re-opening of the Visitor’s Center is under review.
Mr. Boyce made a motion to authorize the Mayor to execute the proposed Lease Agreement with the Appomattox County Chamber of Commerce for office space in the train department at 214 Main Street. The motion died for a lack of a second.
Council Comments: Mr. J. Garrett reminded everyone of the fireworks demonstration on Friday, July 3, 2020 at dark (9:30 p.m.) at the Appomattox County High School parking lot area.
Ms. Spiggle reminded everyone that Abbitt Park and the Kiddie Park are now open to the public. She also welcomed Mayor-elect Conner to the group.
Mayor Harvey expressed his appreciation to Council and staff over the past 12 years. A lot of good things have been accomplished. He appreciates all the cooperation of all the Town Managers.
Staff Reports
Kim Ray, Town Treasurer presented the Treasurer’s Report for May 2020 for the General, Water and Sewer Fund.
Roxanne Casto, Clerk – none
Jeff Elder, Facilities Director – none
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Workshop Meeting June 23, 2020
Gary Shanaberger, Town Manager reported on the following activities:
➢ The fireworks are planned for Friday, July 3, 2020. ➢ Staff has been working hard on various projects. ➢ Thanked Mayor Harvey, Mr. Boyce, Mr. Conner for their service. ➢ Looking forward to working with Mr. Richard Conner and Mr. Simpson.
Mayor Harvey also congratulated Mr. Conner and Mr. Simpson. The Town has good staff and Council to work with.
Adjournment: On a motion by Mr. T. Garrett, seconded by Mr. J. Garrett, Council voted to adjourn at 7:00 p.m. All members present voting aye. Motion carried 5-0.
Roxanne W. Casto, Clerk of Council
Paul D. Harvey, Mayor