February 08, 2021 Council Regular Minutes

1 Appomattox Town Council Regular Council Meeting February 8, 2021

The Appomattox Town Council held a Regular Council meeting on Monday, February 8, 2021 at 7:30 p.m. at the Appomattox Municipal Building, 210 Linden Street, Appomattox, Virginia with Mayor Richard Conner, presiding.

Council members present – Aaron Tilton, Nathan A. Simpson, Mary Lou Spiggle, Timothy W. Garrett, Claudia G. Puckette (phone) and James J. Boyce.

Others present – Kelly Hitchcock, Central Virginia Planning District Commission; Bill Jamerson, Sam E. Carter, Michelle Murch, Times Virginian; Jeff Elder, Facilities Director; Sam Vance, Town Attorney; Carlton Duck, Alive Media TV; Gary Shanaberger, Town Manager; Kim Ray, Treasurer; and Roxanne W. Casto, Clerk of Council.

The meeting was also broadcast Live on the Town of Appomattox Facebook page and public phone participation through FreeConferenceCall.com was available.

Mayor Conner called the meeting to order.

Rev. Carlton Duck, Pastor of the Gethsemane Baptist Church led the prayer and the Pledge of Allegiance to the Flag of the United States of America.

Public Hearing Mayor Conner opened the public hearing and stated the following purpose for the public hearing: To receive public comments concerning the following:

  1. Amendment to the FY 2021 Budget for the Town of Appomattox - In accordance with

§15.2-2506 Code of Virginia, the following is a brief synopsis of the budget amendment by the Town of Appomattox for FY 2021:

General Fund Expenditures Amendments Water Fund Expenditures Amendments Sewer Fund Expenditures Amendments Total Expenditures Amendments

General Fund Revenue Amendments Water Fund Revenue Amendments Sewer Fund Revenue Amendments Total Revenue Amendments

37,309.75 3,083.00 290,628.00 331,020.75

37,309.75 3,083.00 290,628.00 331,020.75

Documentation is available at the Town Office on Linden Street from 8:30 a.m. until 4:30 p.m., Monday through Friday. If there are any questions, please contact Gary Shanaberger, Town Manager at 434-352-8268.

Staff Comments: Mrs. Ray, Town Treasurer provided a listing of the amendments.

There were no public comments.

2 Appomattox Town Council Regular Council Meeting February 8, 2021

Mayor Conner closed the public hearing.

Scheduled Public Appearances: Kelly Hitchcock, Central Virginia Planning District Commission appeared before Council to make a presentation of the Hazardous Mitigation Plan – 2020 Update.

Town Council thanked Mrs. Hitchcock for the presentation and information.

Closed Session: On a motion by Mr. Garrett, seconded by Mr. Simpson, Council voted to convene in a Closed Session, pursuant to Section 2.2-3711 (A) 8 of the Code of Virginia, 1950, as amended, for the purpose of consultation with legal counsel employed or retained by a public body specific legal matters requiring the provision of legal advice by such counsel; specifically, to discuss an application received for a water connection beyond the corporate limits of the Town of Appomattox. Nothing in this subdivision shall be construed to permit the closure of the meeting because an attorney representing the public body is in attendance or is consulted on a matter. Vote: Boyce – yes, Tilton – yes, Simpson – yes, Spiggle – yes, Garrett – yes, Puckette – yes. Motion carried 6-0.

The meeting was re-opened to the public.

Mr. Boyce 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 Mr. Garrett and Council by the following recorded vote adopted the motion: Vote: Boyce – yes, Tilton – yes, Simpson – yes, Spiggle – yes, Garrett – yes, Puckette – yes. Motion carried 6-0.

3 Appomattox Town Council Regular Council Meeting February 8, 2021

Action from Closed Session: On a motion by Mr. Simpson, seconded by Mr. Garrett, Council voted to direct Town staff to discontinue the research and further work on a moratorium on out-of-town water connections. All members voting aye. Motion carried 6-0.

On a motion by Mr. Tilton, seconded by Mr. Garrett, Council voted to approve a request by Mr. Ryan Atkins on obtaining a connection to the waterline coming out of Concord. All members voting aye. Motion carried 6-0.

Mayor’s Comments: None

Adoption of the Consent Agenda: On a motion by Mr. Garrett, seconded by Ms. Spiggle, Council voted to approve the consent agenda for February 8, 2021 as presented. All members voting aye. Motion carried 6-0.

Unfinished Business: None

New Business: On a motion by Ms. Spiggle, seconded by Mr. Tilton, Council voted to adopt An Appropriations Resolution of the Appomattox Town Council Adopting an Amendment to the Fiscal Year 2020- 2021 Budget for the Town of Appomattox, Virginia:

AN APPROPRIATIONS RESOLUTION OF THE APPOMATTOX TOWN COUNCIL ADOPTING AN AMENDMENT TO THE FISCAL YEAR 2020-2021 BUDGET FOR THE TOWN OF APPOMATTOX, VA.

SECTION I: WHEREAS, 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 II: WHEREAS, the proposed amendment for the Fiscal Year 2020-2021 Budget was published on January 27, 2021 in the Times-Virginian, Appomattox, Virginia, pursuant to Section 15.2-2507, Code of Virginia, and public hearing was subsequently held on the proposed budget on Monday, February 8, 2021;

SECTION III: NOW, THEREFORE, BE IT RESOLVED, that the Appomattox Town Council meeting in a Regular Council Meeting on February 8, 2021, does hereby approve the following Amendment to the General Fund Expenditures by Category for Fiscal Year 2020-2021;

GENERAL FUND; EXPENDITURES BY CATEGORY:

4 Appomattox Town Council Regular Council Meeting February 8, 2021

Administrative Department Police Department Tourism Public Works Department Zoning TOTAL GENERAL FUND EXPENSES

9,725.75 3,458.00 1,994.75 17,563.25 4,568.00 37,309.75

SECTION IV: BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Amendment to the General Fund Revenue estimates for Fiscal Year 2020-2021;

GENERAL FUND; REVENUES BY CATEGORY: Aid to Police Department Transfer from Reserve Use of undesignated reserve TOTAL GENERAL FUND REVENUES

2,051.00 1,407.00 33,851.75 37,309.75

SECTION V: BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Amendment to the Water Fund Expenditures for Fiscal Year 2020-2021;

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

3,083.00 3,083.00

SECTION VI: BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Amendment to the Water Fund Revenue estimates for Fiscal Year 2020-2021;

WATER FUND; REVENUES BY CATEGORY: Use of Undesignated reserve TOTAL WATER REVENUES

3,083.00 3,083.00

SECTION VII: BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Amendment to the Sewer Fund Expenditures for Fiscal Year 2020-2021;

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

290,628.00 290,628.00

SECTION VIII: BE IT FURTHER RESOLVED, that the Appomattox Town Council does hereby approve the following Amendment to the Sewer Fund Revenue estimates for the Fiscal Year 2020-2021;

5 Appomattox Town Council Regular Council Meeting February 8, 2021

SEWER FUND; REVENUES BY CATEGORY: Use of Beginning Balance Use of undesignated reserve TOTAL SEWER REVENUES

287,000.00 3,628.00 290,628.00

SECTION IX: BE IT FURTHER RESOLVED, by the Town Council of Appomattox, Virginia that the Amendments to the Fiscal Year Budget for 2020-2021 is hereby adopted, effective February 8, 2021 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 day of February, 2021.

Attest:

Roxanne W. Casto, Town Clerk

Richard C. Conner, Mayor

All members voting aye. Motion carried 6-0.

On a motion by Mr. Tilton, seconded by Mr. Simpson, Council voted to adopt a Resolution of the Town of Appomattox Authorizing the Adoption of the Central Virginia Planning District Commission Hazard Mitigation Plan – Update 2020:

A Resolution of The Town of Appomattox Authorizing the Adoption of the Central Virginia Planning District Commission Hazard Mitigation Plan – 2020 Update

WHEREAS, the Town of Appomattox and the entire Central Virginia Planning District region have exposure to natural hazards that can affect the safety to life, property, businesses, and local economy; and

WHEREAS, pro-active mitigation, or actions, before a disaster even can lessen or eliminate long-term risk and impacts of hazards to life and property; and

WHEREAS, The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-228, as amended), Title 44 of the Code of Federal Regulations (CFR), as amended by the Disaster Mitigation Act of 2000 (Public Law 106-390), requires development of pre-disaster mitigation plan as a requirement for eligibility for federal pre- and post-disaster hazard mitigation funding; and

WHEREAS, the Central Virginia Planning District Hazard Mitigation Technical Advisory Committee, comprised of a coalition of local, regional, state, business, and citizen stakeholders,

6 Appomattox Town Council Regular Council Meeting February 8, 2021

that included dedicated Town of Appomattox representation and representation of each of the ten (10) Central Virginia Planning District localities, lead a pre-disaster planning process according to FEMA regulations; and

WHEREAS, the planning team completed a planning process that engaged the public, assessed the risk and vulnerability to the impacts of natural hazards, developed mitigation strategies consistent with a set of uniform goals and objectives, and includes an evaluation, maintenance, and revision process; and

WHEREAS, the Federal Emergency Management Agency (FEMA) have reviewed, and on January 22, 2021 Approved Pending Adoption (APA) was granted to the Central Virginia Planning District Commission Hazard Mitigation Plan – 2020 Update;

NOW, THEREFORE, BE IT RESOLVED by the Appomattox Town Council that the Central Virginia Planning District Commission Hazard Mitigation Plan – 2020 Update is hereby approved and adopted for the Town of Appomattox.

Passed and adopted on this 8th, day of February 2021, by the following vote:

AYES: 6 NOES: 0 ABSENT: 0 ABSTAIN: 0

All members voting aye. Motion carried 6-0.

Council Standing Committee Reports: None

Citizens Comment Period: None

Town Manager’s Report: Mr. Shanaberger provided the following updates:

➢ Appomattox Downtown Revitalization project will be moving into the second phase of

the project in the next two (2) months. This phase will include landscaping and streetlights.

➢ FY 2022 budget preparations are underway. ➢ Thank you to Kelly Hitchcock with the Central Virginia Planning District Commission

for coming out tonight to make the presentation on the Hazard Mitigation Plan – Update 2020.

7 Appomattox Town Council Regular Council Meeting February 8, 2021

Council Comments:

Mr. T. Garrett – none

Ms. Spiggle – Thankful to be moving forward with water connection solutions.

Mr. Simpson – Would like to see what staff can do to make the meetings more digitally accessible for others to participate. Mr. Conner concurred that a consult with IT to provide viable solutions for council members without providing additional costs and/or license agreements.

Mr. Tilton – none

Mr. Boyce – none

Mrs. Puckette – Would love to attend the meetings in person, if everyone would wear their masks and stay 6 feet apart.

Adjournment: On a motion by Mr. Garrett, seconded by Mr. Boyce, Council voted to adjourn at 9:05 p.m. All members present voting aye. Motion carried 6-0.

Roxanne W. Casto Clerk of Council

Richard C. Conner, Mayor