Minutes Archive

1 Appomattox Town Council

Workshop Meeting October 26, 2021

The Appomattox Town Council held a Workshop meeting on Tuesday, October 26, 2021, at 6:00 p.m. at the Appomattox Municipal Building, Council Chambers, 210 Linden Street, Appomattox, Virginia with Vice-Mayor Garrett, presiding.

Town Council present: Aaron Tilton, Nathan A. Simpson, Timothy W. Garrett, James J. Boyce, Sr., Mary Lou Spiggle and Claudia G. Puckette.

Others present: Tracey Shaw, Bond Counsel; Sam Vance, Town Attorney; Kyle Lerner, Wastewater Manager; Carlton Duck, Alive Media TV; Jeff Elder, Facilities Director; Chad Hodges, Hurt & Proffitt, Inc.; Jeff Westbrook, Times Virginian; Gary Shanaberger, Town Manager; Kim Ray, Treasurer; and Roxanne Casto, Clerk

The meeting was also broadcast LIVE on the Town of Appomattox Facebook page.

Vice-Mayor Garrett called to order the Council Workshop meeting.

$500,000 Water System Improvement General Obligation Bond, Series 2021 Vice-Mayor Garrett opened the public hearing.

Roxanne Casto, Town Clerk stated the purpose:

NOTICE is hereby given of a public hearing before Town Council on the issuance of the Town’s $500,000 Water System Improvement General Obligation Bond, Series 2021 to be held at the Town Hall, 210 Linden St., Appomattox, Virginia on October 26, 2021 at 6:00 PM. Interested persons may attend and express their views.

Public Comments: None

Vice-Mayor Garrett closed the hearing.

Proposed Amendment to the Town’s Charter Vice-Mayor Garrett opened the next public hearing.

Roxanne Casto, Town Clerk stated the purpose:

TO THE CITIZENS OF THE TOWN OF APPOMATTOX

PLEASE TAKE NOTICE that at its meeting to be held on Tuesday, October 26, 2021

at the hour of 6:00 p.m. in the Town Council Meeting Room, Appomattox Town Office, 210 Linden Street, Appomattox, Virginia, the Appomattox Town Council, pursuant to Va. Code Ann. §15.2-202, will conduct a public hearing on a proposed amendment to the Town’s Charter, which is more particularly set forth as follows:

2 Appomattox Town Council

Workshop Meeting October 26, 2021

§ 1 Election and appointment of officers, etc. shall be amended to read:

There shall be elected by the qualified voters of said town one elector thereof who shall be denominated the mayor, and six electors, who shall be denominated the councilmen of said town. The mayor and six councilmen shall constitute the council of said town. The town council shall have the authority to appoint or employ a town clerk, a treasurer, a commissioner of revenue, a town manager, a health or sanitary officer, and such other officers as it may deem appropriate for the proper conduct of government of the town. The same person may serve in one or more of such capacities. The town council shall have the power to fix the salaries and compensation of said employees and appointees as necessary, but such compensation shall be fixed by said council before the individual chosen shall assume the duties of office. The town council may also appoint committees and boards and prescribe and fix their duties.

§ 4 Terms of office - vacancy and how filled shall be amended to read:

The mayor and members of council in office on July 1, 2021 shall continue in office until the expiration of the terms for which they were elected or until their successors are elected and qualified. At the next election of members to the town council held on the Tuesday following the first Monday in November 2022, the three council candidates receiving the greatest number of votes shall be elected for four year terms, and the three council candidates receiving the next greatest number of votes and the mayor shall be elected for two year terms. Thereafter, the council members shall be elected for terms of four years, and the mayor shall be elected for a term of two years, or until their successors are elected and qualified. An election shall be held on the Tuesday following the first Monday in November 2024 for the three council seats first expiring and for the mayor, and on the Tuesday following the first Monday in November 2026 for the three council seats next expiring and for the mayor. Elections thereafter shall be held every two years on the Tuesday following the first Monday in November. The term of each person elected under this section at a November election shall begin on January 1 next following the election. In case of a vacancy in the office of mayor, or councilmen, elected by the electors of said town, caused by death, resignation or otherwise, such vacancy shall be filled by a majority vote of the town council from the electors of the town for the unexpired term.

The public is invited to attend and make their views known.

Public Comments – None

Vice-Mayor Garrett closed the hearing.

3 Appomattox Town Council

Workshop Meeting October 26, 2021

Discussion Items:

On a motion by Mr. Simpson, seconded by Ms. Spiggle, Council voted to adopt A Resolution Authorizing the Issuance, Sale and Award of an up to $500,000.00 Water System Improvement General Obligation Bond Series 2021 and Providing for the Form, Details and Payment Thereof.

A RESOLUTION AUTHORIZING THE ISSUANCE, SALE AND AWARD OF AN UP TO $500,000.00 WATER SYSTEM IMPROVEMENT GENERAL OBLIGATION BOND, SERIES 2021 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 replace certain of its water lines on Church Street in the Town and to finance such in part through the issuance of its general obligation 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 $500,000.00 Water System Improvement General Obligation Bond, Series 2021, bearing interest at the rate and on the terms and conditions otherwise described in Section 2.2 below (the “Bond”) and to further provide a Rural Development Grant not to exceed $1,125,000 (the “RUS Grant”), which together with a Community Development Block Grant of $650,000 (the “CDBG Grant”) (together the “Grants”) on the terms described in a Letter of Conditions, dated May 20, 2021, attached hereto as Exhibit A (the “Letter of Conditions”) will result in a total project cost of $2,275,000; 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 water lines on Church Street serving the citizens of the Town, the Project has been duly authorized by Loan Resolution (RUS Bulletin 1780-27) of the Town Council, dated April 6, 2021, a copy of which is attached hereto as Exhibit B and which is hereby ratified, confirmed and approved. The Town hereby ratifies confirms

4 Appomattox Town Council

Workshop Meeting October 26, 2021

and approves the RUS Grant Agreement (RUS Bulletin 1780-12), a copies of which are on file with the Town.

ARTICLE 2) AUTHORIZATION, FORM, EXECUTION, DELIVERY, REGISTRATION AND PREPAYMENT OF BOND

Section a)

Authorization of Bond; Acceptance of Grants: There is hereby authorized to be issued the general obligation bond of the Town in the principal amount of up to $500,000.00 to provide funds to finance the Project. The Bond shall be designated “Town of Appomattox, Virginia $500,000.00 Water System Improvement General Obligation Bond, Series 2021” 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 $500,000.00, 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 One and Three Eighths (1.375%) 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)

The Bond shall provide for monthly payment of combined principal and interest beginning one month following the Closing Date and continuing each month thereafter for a period of 479 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 $500,000 (b) the maximum interest rate shall not exceed 1.375% 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

5 Appomattox Town Council

Workshop Meeting October 26, 2021

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 water utility 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.

6 Appomattox Town Council

Workshop Meeting October 26, 2021

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

Balance in Revenue Fund: Any balance remaining in the Revenue Fund each month, after making the transfers required by Section 3.3 may be used by the Town for any lawful purpose.

Section 3.5

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 and the Debt Service Fund are hereby pledged to the payment and performance of the Town’s obligations on the Bond, such pledge to be on a par with all prior pledges of revenue from the System securing indebtedness incurred for improvement of the System, 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 be on a par with all prior pledges of revenue from the System securing indebtedness incurred for improvement of the System, and 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.

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 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.

7 Appomattox Town Council

Workshop Meeting October 26, 2021

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.

8 Appomattox Town Council

Workshop Meeting October 26, 2021

Section 5.6

Series Designation: In the event the Bond is not issued during calendar year 2021, 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 general obligation 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 [ ] day of

October, 2021.

Mayor, Town of Appomattox

9 Appomattox Town Council

Workshop Meeting October 26, 2021

(SEAL)

ATTEST:

Clerk of Council

Exhibit A: Letter of Conditions Exhibit B: RUS Bulletin 1780-27, Loan Resolution Exhibit C: Form of Bond

10 Appomattox Town Council

Workshop Meeting October 26, 2021

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

James J. Boyce, Sr

Timothy W. Garrett

Claudia G. Puckette

Nathan A. Simpson

Mary Lou Spiggle

Aaron M. Tilton

(SEAL)

ATTEST:

Roxanne Casto Clerk of Council

11 Appomattox Town Council

Workshop Meeting October 26, 2021

EXHIBIT A LETTER OF CONDITIONS

12 Appomattox Town Council

Workshop Meeting October 26, 2021

EXHIBIT B LOAN RESOLUTION RUS 1780-27

13 Appomattox Town Council

Workshop Meeting October 26, 2021

EXHIBIT C TO RESOLUTION OF TOWN OF APPOMATTOX Dated _, 2021

No. R-1

$500,000.00

UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA TOWN OF APPOMATTOX WATER SYSTEM IMPROVEMENT GENERAL OBLIGATION BOND, SERIES 2021

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

FIVE HUNDRED THOUSAND DOLLARS ($500,000.00)

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 One and Three Eighths Percent (1.375 %) per year in monthly payments of combined principal and interest of One Thousand Three Hundred Fifty-five ($1,355.00) Dollars and No Cents beginning on the first (1st) monthly anniversary of the date hereof and continuing monthly thereafter for Four Hundred Seventy Nine (479) consecutive months 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.

This bond has been authorized by a resolution adopted by the Town Council on [ ], 2021 (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 water utility 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 water utility system are hereby pledged to

the payment of the principal of and interest on the bond.

14 Appomattox Town Council

Workshop Meeting October 26, 2021

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 ___ 2021.

(CORPORATE SEAL)

ATTEST:

TOWN OF APPOMATTOX, VIRGINIA

Clerk, Town of Appomattox

Mayor, Town of Appomattox

15 Appomattox Town Council

Workshop Meeting October 26, 2021

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

__ 2021

United States of America Rural Utilities Service

Roll Call Vote: Boyce – aye, Garrett – aye, Puckette – aye, Simpson – aye, Simpson – aye, Tilton – aye. Motion carried 6-0.

16 Appomattox Town Council

Workshop Meeting October 26, 2021

At this time Vice-Mayor Garrett turned the meeting over to Mayor Conner.

On a motion by Mr. Simpson, seconded by Mr. Boyce, Council voted to adopt a Resolution to the General Assembly of the Commonwealth of Virginia to amend the Town’s Charter.

RESOLUTION

Whereas, the Appomattox Town Council met on the day of __, 2021 and hereby requests by resolution of the General Assembly of the Commonwealth of Virginia to amend the Town’s Charter as follows:

Unless otherwise specifically changed herein, all provisions of the Town

Charter shall remain in force and effect.

Section 1 - Election and appointment of officers, etc. shall be amended to read:

Section 4 – Terms of office; vacancy and how filled is amended to read:

17 Appomattox Town Council

Workshop Meeting October 26, 2021

council seats next expiring and for the mayor. Elections thereafter shall be held every two years on the Tuesday following the first Monday in November. The term of each person elected under this section at a November election shall begin on January 1 next following the election. In case of a vacancy in the office of mayor, or councilmen, elected by the electors of said town, caused by death, resignation or otherwise, such vacancy shall be filled by a majority vote of the town council from the electors of the town for the unexpired term.

This Resolution was adopted by a majority vote of the Appomattox Town Council at its __, 2021 meeting.

Richard C. Conner, Mayor

Attest:

Roxanne W. Casto, Clerk

Roll Call Vote: Boyce – aye, Garrett – aye, Puckette – aye, Simpson – aye, Spiggle – aye, Tilton – no. Motion carried 5-1.

On a motion by Mr. Simpson, seconded by Mr. Boyce, Council voted to adopt An Ordinance to Revise a Portion of the Code of the Town of Appomattox, in Chapter 16 – Elections.

AN ORDINANCE TO REVISE a portion of the Code of the Town of Appomattox, in Chapter 16 – Elections.

Be it ordained by the Council of the Town of Appomattox as follows:

Section 1. Chapter 16, Section 2 shall be enacted as follows:

§ 16-2 Election of Council Members and the Mayor.

Pursuant to Senate Bill 1157 enacted during the 2021 General Assembly and notwithstanding any provisions of the Town Charter, the mayor and members of council in office on July 1, 2021 shall continue in office until the expiration of the terms for which they were elected or until their successors are elected and qualified. The next election for town offices shall occur on the Tuesday following the first Monday in November 2022. At such election, the three council candidates receiving the greatest number of votes shall be elected for four year terms, and the three council candidates receiving the next greatest number of votes and the mayor shall be elected for two year terms. Thereafter, the council members shall be elected for terms of four years, and the mayor shall be elected for a term of two years, or until their successors are elected and qualified. An election shall be held on the Tuesday following the first Monday in November 2024 for the three council seats first expiring and for the mayor, and on the

18 Appomattox Town Council

Workshop Meeting October 26, 2021

Tuesday following the first Monday in November 2026 for the three council seats next expiring and for the mayor. Elections thereafter shall be held every two years on the Tuesday following the first Monday in November. The term of each person elected under this section at a November election shall begin on January 1 next following the election. In case of a vacancy in the office of mayor, or councilmen, elected by the electors of said town, caused by death, resignation or otherwise, such vacancy shall be filled by a majority vote of the town council from the electors of the town for the unexpired term.

Section 2. This section shall become effective upon its passage.

Roll Call Vote: Boyce – aye, Garrett – aye, Puckette – aye, Simpson – aye, Spiggle – aye, Tilton – no. Motion carried 5-1.

On a motion by Ms. Spiggle, seconded by Mr. Tilton, Council voted to allow on out-of-town water connection at 236 Somerset Drive, Appomattox. Vote: Aye – 5 No – 0 Abstain – 1 (Garrett)

Motion carried 5-0-1.

On a motion by Mr. Garrett, seconded by Mrs. Puckette, Council voted to amend the Fats, Oil & Grease Program for the Town of Appomattox. All members present voting aye. Motion carried 6-0.

Council Comments: Mr. Simpson – Updated Council for the need to update the pad map at the Visitors Center. He will work with the Tourism Committee, Bob Sayre, Anne Dixon and the staff at the Visitors Center for up-to-date material. It should be ready going into the next budget cycle FY 2023 or late 2nd quarter of FY 2022.

Mrs. Puckette – none

Mr. Garrett – none

Mr. Tilton – none

Ms. Spiggle – Wished Mr. Garrett a Happy Birthday

Mr. Boyce - none

Council Standing Committee Reports: None

19 Appomattox Town Council

Workshop Meeting October 26, 2021

Staff Reports: Mrs. Kim Ray, Treasurer provided the Treasurer’s Report as of September 30, 2021.

Mr. Elder, Facilities Director provided an update:

➢ On the recent purchase of picnic tables, benches, and trash cans for the parks. ➢ The Inflow and Infiltration (I&I) Force Main will be pressure tested soon. The project

continues to move along at a great pace.

➢ Robin Snyder, Superintendent of the Appomattox Court House National Park Service

will be attending the November 2021 Council Workshop meeting to provide an update on sewer repairs at the park.

➢ Work/Plans continue on the Church Street Sidewalk.

Mrs. Casto, Clerk of Council provided an update to Council on the Request for Proposals to be advertised for codification services of the Town Code of the Town of Appomattox, Virginia. The RFP’s will be due November 30, 2021.

Mr. Shanaberger provided an update on the following items:

➢ Anticipates having a VDOT Representative attend a future meeting to discuss the

Smartscale project & truck route.

➢ The Church Street water line is moving along. The USDA representative is impressed

with how quickly this project is moving along.

➢ The Appomattox Downtown Revitalization project is reaching a deadline with the façade portion of the project. After November 30th the project will move into the streetscape portion of the project.

➢ Still looking for Town residents to serve on the Town Planning Commission and Board

of Zoning Appeals.

➢ The Town EDA will be starting its own façade program for the entire town. The program

may be ready within the next year.

➢ Reminder of Town Council Retreat – Friday, November 5, 2021 at 9:00 a.m.

Adjournment: On a motion by Mr. Garrett, seconded by Mr. Simpson, Council voted to adjourn at 7:10 p.m. All members present voting aye. Motion carried 6-0.

Roxanne W. Casto Clerk of Council

Richard C. Conner, Mayor

October 26, 2021 Council Workshop Minutes