REGULAR MEETING – September 08, 2003

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or

The regular meeting of the Appomattox Town Council was held on Monday, September 8, 2003 at 7:30 PM with Mayor Spigele presiding.

Those members present were: Steve Lawson, Joyce Bennett, C. Lewis McDearmon, Marvin H. Mitchell, and Norman Mayberry. Absent -- W. H. Carson: :

Others present were: Susan Warner, Chuck Warner, Wayne Phelps, Penny Taylor, Valerie Garrett, Shirley Wheeler, Timmy Garrett, Fire Chief, Charles Garrett,

Larry D. Mobley, Kevin O’Brien, William M. Phillips, Town Attorney, Roxanne Paulette Deputy Clerk, David T. Garrett, Jr., Town Manager, Marvin Hamlett, Chad Denton, Times Virginian, and Bobbie H. Mullins, Clerk.

The meeting was opened with a prayer.

On a motion by Mr. Mayberry, seconded by Mr. Lawson, Council voted to convene in Closed Session in accordance with Section 2.2.3711, Subsection A, Item 7, of the State Code, for the purpose of consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; and consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. For the purposes of this subdivision, “probable litigation” means litigation that has been specifically threatened or on which the public body or its legal counsel has a reasonable basis to believe will be commenced by or against a know party. Nothing in this subdivision shall be construed to permit the closure of a meeting merely because an attorney representing the public body is in attendance or is consulted on a matter.

Vote: Bennett —aye McDearmon —aye Mitchell —aye Mayberry — aye Lawson — aye.

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.

Vote:

Lawson ~aye Bennett ~aye . McDearmon —aye Mitchell ~aye Mayberry — aye

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