1 Regular Council Meeting
August 11, 2008
At the Regular Council Meeting of the Appomattox Town Council held on August 11, 2008 at 7:30 pm in the Council Chambers, Appomattox Municipal Building, 210 Linden Street, Appomattox, Virginia, there present were Mayor Paul D. Harvey, presiding and Council members Bryan J. Baine, N. H. “Jimmy” Mayberry, John T. “Plicky” Williams, C. Lewis McDearmon, Jr., Karl E. Carter and Jennifer Jamerson-Scruggs. Also in attendance were Chad Millner, Cliff Harvey, Nina Beasley, Benny Harvey, Lucy Harvey, Ben Harvey, Peter Zdgiebloski, Bob Hopkins, Mary Williams, John Wilson, Beckie Nix, Charles Garrett, Mary Lou Spiggle, Dr. Chris King, Dorothy van Opstal, Eric A. van Opstal, David Baine, Barbara Shelton, Sarah Watson, Stephanie James, Frank A. Wright, Jr., Town Attorney, David Garrett, Jr., Town Manager and Roxanne W. Paulette, Clerk.
Mayor Harvey called the meeting to order.
Dr. Chris King, Evergreen Baptist Church gave the invocation.
On a motion by Mr. McDearmon, seconded by Mr. Carter and with all members present voting “aye”, Council approved the consent agenda dated July 14, 2008 with the addition of a Closed Session under #4 – Pursuant to §2.2-3711 (A) 1 of the Code of Virginia, 1950, as amended, for the purpose of discussion of the resignation of a specific public officer or appointee of the town, specifically being Employee A and New Business #5 – Staff proposal of a pilot study program for metal reduction at the Trickling Filter Plant. Motion carried.
Public Comments – Beckie Nix, Director of Tourism addressed Council regarding the slogan “Where our Nation Reunited” on the Town Welcome Sign.
Appearances - none
Unfinished Business On a motion by Ms. Jamerson-Scruggs, seconded by Mr. Carter and with all members present voting “aye”, Council voted to adopt the Bylaws and Rules of Procedure for the Appomattox Town Council as presented. Motion carried. (See attachment)
On a motion by Mr. McDearmon, seconded by Mr. Mayberry and with all members present voting “aye”, Council voted to adopt the sign layout “Welcome Historic Appomattox Where our Nation Reunited” for the welcome signs to be erected at the town boundaries. Motion carried.
On a motion by Mr. Williams, seconded by Mr. Carter and with all members present voting “aye”, Council voted to execute the rental/lease agreements for all rented or leased space owned by the Town of Appomattox with the current tenants at their current terms. Motion carried.
Mr. Garrett reported that he has discussed the street light request from Second Street with Dominion Virginia Power and Bryan Baine, Chairman of the Street & Property Committee. Dominion Virginia Power will be making a site visit to review the request.
Mr. Garrett reported that the street lights have been installed in the Meadowlark Subdivision. There was no report on the light to be erected on Lee Grant Avenue.
2 Regular Council Meeting
August 11, 2008
On a motion by Ms. Jamerson-Scruggs, seconded by Mr. Baine and with all members present voting “aye”, Council voted to pass the following resolution:
RESOLUTION
Affirmation of Authorization to Pick-up the Employee’s Contribution to VRS for TOWN OF APPOMATTOX, 55358 Under § 414 (h) of the Internal Revenue Code
WHEREAS, the TOWN OF APPOMATTOX provides its employees with tax deferral pursuant to § 414 (h) of the Internal Revenue Code with respect to their member contributions to the Virginia Retirement System (referred to as VRS) by picking up member contributions to VRS; and
WHEREAS, VRS keeps track of such picked up member contributions, and treats such contributions as employee contributions for all purposes of VRS;
WHEREAS, the Internal Revenue Service in Notice 2006-43 has provided transition relief for existing pick up arrangements provided that an authorized person takes formal action to evidence the establishment of the pick-up arrangement no later than January 1, 2009.
WHEREAS, in order to avail itself of the protection given under Notice 2006-43, the TOWN OF APPOMATTOX desires to affirm its intention to establish and maintain a pick-up arrangement through formal action by its governing body.
NOW, THEREFORE, IT IS HEREBY RESOLVED, that the existing member contribution pick-up arrangement is hereby affirmed as it relates to salary reduction elections in effect prior to the date of this Resolution, and it is further
RESOLVED that effective the first pay day on or after August 1, 2008, the Town of Appomattox shall pick up member contributions of its employees to VRS, and such contributions shall be treated as employer contributions in determining tax treatment under the Internal Revenue Code of the United States; and it is further
RESOLVED that such contributions, although designated as member contributions, are to be made by the TOWN OF APPOMATTOX in lieu of member contributions; and it is further
RESOLVED that pick up member contributions shall be paid from the same source of funds as used in paying the wages to affected employees; and it is further
3 Regular Council Meeting
August 11, 2008
RESOLVED that member contributions made by the TOWN OF APPOMATTOX under the pick up arrangement shall be treated for all purposes other than income taxation, including but not limited to VRS benefits, in the same manner and to the same extent as member contributions made prior to the pick up arrangement; and it is further
RESOLVED that nothing herein shall be construed so as to permit or extend an option to VRS members to receive the pick up contributions made by the TOWN OF APPOMATTOX directly instead of having them paid to VRS; and it further
RESOLVED that notwithstanding any contractual or other provisions, the contributions of each member of VRS who is an employee of the TOWN OF APPOMATTOX shall be picked up either through a reduction in the current salary of such employee or as an offset against future salary increases of such employee or as a combination of both at the option of the employer by the TOWN OF APPOMATTOX on behalf of such employee pursuant to the foregoing resolutions.
Adopted in APPOMATTOX, Virginia the 11th day of August, 2008.
Name & Title
Printed
Authorized Signature Title
The Appomattox Town Council received two applications to an advertised vacancy on the Appomattox County Planning Commission. The vacancy will fill the unexpired term of a town governing body representative, June 30, 2010. Mayor Harvey asked the Council Members to vote for one applicant and then the other. Applicant Mary Lou Spiggle received no votes, while applicant Peter Zdgiebloski received the unanimous vote of the Appomattox Town Council for appointment to the Appomattox County Planning Commission.
On a motion by Mr. Williams, seconded by Mr. Carter and with all members present voting “aye”, Council voted to select the firm of Anderson & Associates, Inc. based on a completed scoring sheet (attached) for the Virginia Department of Health Financial and Construction Assistance Programs Drinking Water State Revolving Fund Program Planning Grant. Motion carried.
New Business
On a motion by Ms. Jamerson-Scruggs, seconded by Mr. Carter and with all members present voting “aye”, Council voted to accept the recommendation of the Appomattox County Planning Commission by approving the Conditional Use Permit with no conditions as requested by Mark Marston for Tax Map # 64A5(15) BKC28 on Lee Grant Avenue.
4 Regular Council Meeting
August 11, 2008
On a motion by Mr. Mayberry, seconded by Ms. Jamerson-Scruggs and with all members present voting “aye”, Council voted to approve the 2008 Slate of Officers for the Historic Appomattox Railroad Festival committee. Motion carried.
Mr. Garrett advised the Town Council that he would like for council to consider placement of two (2) 42” plasma televisions in the council chambers for the members and public to view during the meetings for presentations. There was no action taken at this time.
On a motion by Mr. Baine, seconded by Ms. Jamerson-Scruggs and with all members present voting “aye”, Council voted to allow staff to use the Mag-Hydroxide Pilot Program at the Trickling Filter Plant in hopes of reducing the copper limit over a 30 day period at a cost not to exceed $6,000.00. Motion carried.
On a motion by Ms. Jamerson-Scruggs, seconded by Mr. Williams and with all members present voting “aye”, Council voted to convene in Closed Session pursuant to §2.2-3711(A) 7 of the Code of Virginia, 1950, as amended, for the purpose of consultation with legal counsel employed or retained by the Appomattox Town Council regarding specific legal matters requiring the provision of legal advice by such counsel, the subject matter of such meeting being the legal requirements of compliance with the Public Procurement Act, and the purpose of such requirements in the context of qualifying engineering firms and §2.2-3711(A)19 of the Code of Virginia, 1950, as amended, for the purpose of discussion regarding a report or plans related to the security of any governmental facility, building or structure, specifically being computerized equipment at all Town facilities and §2.2-3711 (A) 1 of the Code of Virginia, 1950, as amended, for the purpose of discussion of the resignation of a specific pubic officer or appointee of the Town, specifically being Employee A.
VOTE: Baine – aye, Mayberry – aye, Williams – aye, McDearmon – aye, Carter – aye, Jamerson-Scruggs – 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: Baine – aye, Mayberry – aye, Williams – aye, McDearmon – aye, Carter – aye, Jamerson-Scruggs – aye.
On a motion by Ms. Jamerson-Scruggs, seconded by Mr. Williams and with all members present voting “aye”, Council voted to adjourn at 9:55 p.m. Motion carried.
Roxanne W. Paulette, Clerk
Paul D. Harvey, Mayor