1 Regular Council Meeting
September 8, 2008
At the Regular Council Meeting of the Appomattox Town Council held on September 8, 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, Nina Beasley, Mary Lou Spiggle, Wanda Jobe, Sarah Robertson, Cliff Harvey, Gene Beverly, June and Bill Goodrich, Ken and Debbie Powell, Debbie Baine, Carl and Diane Miller, Barbara Shelton, C. L. Gray, Lucy Harvey, Betty Gallier, Frances Lewis, Carolyn Davis, Mary Williams, Brandon Carpenter, Bob Hopkins, Joyce Bennett, Ben Harvey, Benny Harvey, Paul Michael Raymond, Stephanie James, Derek Norfield, Carlton Duck, James Stringfield, Frank Wright, David Garrett, Town Manager and Roxanne Paulette, Town Clerk.
Mayor Harvey called the meeting to order.
Dr. Calvin Gray, New Jerusalem Baptist Church gave the invocation.
On a motion by Mr. Williams, seconded by Mr. McDearmon and with all members present voting “aye”, Council approved the consent agenda dated September 8, 2008 with the addition of NB #6 - Closed Session – Pursuant to §2.2-3711 (A) 6 of the Code of Virginia, 1950, as amended, for the purpose of discussion or consideration of the investment of public funds where competition or bargaining is involved, where if made public initially, the financial interest of the governmental unit would be adversely affected specifically being the investment of public funds as incentives for prospective location of Business A to Appomattox. Motion carried.
Public Comments: Debbie Powell – 101 Maple Street, Appomattox, Virginia Mrs. Powell addressed council in support of the proposed managerial contract from the Lynchburg Regional Chamber of Commerce.
Appearances: None
Unfinished Business: None
New Business: On a motion by Mr. McDearmon, seconded by Mr. Baine and with all members present voting “aye”, Council adopted the following resolution:
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF APPOMATTOX, VIRGINIA AUTHORIZING THE EQUIPMENT LEASE FINANCING OF CERTAIN EQUIPMENT
2 Regular Council Meeting
September 8, 2008
WHEREAS, the Town Council of the Town of Appomattox, Virginia (the “Town”), has determined that it is advisable to finance all or a portion of the cost of acquiring a backhoe, street sweeper, trucks, water meter replacement and other equipment, as well as certain building renovations (the “Equipment”) through a financing lease or other financing agreement providing financing in the maximum principal amount of $313,600.00.
WHEREAS, the Town has applied to the Virginia Resources Authority (“VRA”) for an equipment lease financing in an amount not to exceed $313,600.00 to pay the costs of acquiring the Equipment, and VRA has indicated its willingness to provide such financing through a program with SunTrust Equipment Finance & Leasing Corp. (the “Lessor”); and
WHEREAS, the Town, VRA and the Lessor desire to enter into a Master Lease Agreement (the “Master Lease Agreement”), the form of which is on file with the Town Manager, whereby the Lessor through VRA will provide lease financing to the Town in a principal amount not to exceed $313,600.00 to finance the Equipment.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
APPOMATTOX, VIRGINIA:
1.
Authorization, Execution and Delivery of the Master Lease Agreement. The Master Lease Agreement is approved in substantially the form on file with the Town Manager and the performance by the Town of its obligations under the Master Lease Agreement is hereby authorized. The Town Manager and the Mayor of the Town, either of whom may act (the “Town Representative”), are authorized to execute and deliver the Master Lease Agreement on behalf of the Town in substantially the form presented to this meeting, with such changes, insertions or omissions as may be approved by the Town Representative in consultation with Edmunds & Williams, P.C., Bond Counsel. Such approval shall be evidenced conclusively by the Town Representative’s execution and delivery of the Master Lease Agreement on behalf of the Town.
2.
Authorization, Execution and Delivery of the Schedule. The Town Representative is authorized to execute and deliver on behalf of the Town Schedule No. 1 to the Master Lease Agreement (the “Schedule”) in an amount not to exceed $313,600.00 at an annual interest rate not to exceed five percent (5%) and for a term not to exceed eight (8) years from its date in connection with the purchase of the Equipment identified in the Schedule, in substantially the form on file with the Town Manager, with such changes, insertions or omissions as may be approved by the Town Representative in consultation with Bond Counsel. Such approval shall be evidenced conclusively by the Town Representative’s execution of the Schedule on behalf of the Town. 3.
Nature of Obligations. The obligation of the Town to make payments under the Master Lease Agreement will be subject to appropriation each year by the Town Council. Nothing in this Resolution or the Master Lease Agreement shall constitute a debt or a pledge of the faith and credit of the Town.
4.
Further Actions. The Town Representative is further authorized to execute and deliver on behalf of the Town such other instruments, documents or certificates, and to do and
3 Regular Council Meeting
September 8, 2008
perform such things and acts as he shall deem necessary or appropriate to carry out the transactions authorized by this Resolution or contemplated by the Master Lease Agreement. Any of the foregoing previously done or performed by the Town Representative is in all respects approved, ratified and confirmed.
5.
Reimbursement. The Town may advance money to pay all or a portion of the costs of acquiring the Equipment and it reasonably expects to reimburse itself from funds available through the lease financing. The maximum amount of financing to be issued to pay the costs of acquiring the Equipment is $313,600.00.
6.
Tax Compliance and Arbitrage Covenants. The Town covenants that it shall not take or omit to take any action the taking or omission of which will cause the interest attributable to the rental payments under the Master Lease Agreement to be "arbitrage bonds," within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or otherwise cause payments due under the Master Lease Agreement to be includable in the gross income for federal income tax purposes of the registered owners thereof under existing law. The Town Representative is authorized and directed to execute such tax compliance certificates as may be necessary to demonstrate compliance with this paragraph.
7.
Effective Date. This Resolution shall take effect immediately.
Adopted by the Town Council at a meeting duly called and held on September 8, 2008.
Clerk, Town Council Town of Appomattox, Virginia
VOTE: Baine – aye, Mayberry – aye, McDearmon – aye, Williams – aye, Carter – aye, Jamerson-Scruggs – aye. Motion carried.
On a motion of recommendation made by Mr. Williams, Chairman of the Personnel Committee and with all members present voting “aye”, Council voted to ask Anne Dixon, Parks, Recreation and Tourism Director for Appomattox County to assist with ongoing projects on behalf of the Town’s Department of Tourism during the vacancy of a Director of Tourism. Motion carried.
On a motion of recommendation made by Mr. Williams, Chairman of the Personnel Committee and with all members present voting “aye”, Council voted to pursue a working agreement/contract with the Lynchburg Regional Chamber of Commerce for a minimum six month term for the purpose of managing the Town’s Department of Tourism with the Lynchburg Regional Chamber of Commerce preparing the contract for consideration. Motion carried.
Ms. Jamerson-Scruggs made a motion to begin advertising immediately to fill the position of Director of Tourism. After much discussion, Ms. Jamerson-Scruggs withdrew her motion. The Personnel Committee will be meeting the week of September 22, 2008 and will discuss the job description and pay scale with a recommendation to follow at the workshop meeting.
4 Regular Council Meeting
September 8, 2008
It was the consensus of the Town Council to table NB #3 – Consideration of the advertising requests for the Tourism Department until Mrs. Anne Dixon can review.
On a motion by Mr. Carter, seconded by Mr. Mayberry and with all members present voting “aye”, Council voted to change the September Workshop Meeting to September 30, 2008 at 7:00 p.m. Motion carried.
Town Council agreed by consensus to allow the Street & Property Committee research the request of a street light of the Lucy Street Townhouse Association. Mr. Williams suggested that adjacent property owners be consulted regarding a street light request. Mr. Baine agreed. Letters will be sent from the Town Office to gather information from property owners before a recommendation is rendered.
On a motion by Ms. Jamerson-Scruggs, seconded by Mr. Williams and with all members present voting “aye”, Council voted pursuant to §2.2-3711(A)7 of the Code of Virginia, 1950, as amended, for the purpose of consultation with legal counsel retained by the Town regarding specific 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 meeting being provision of advice concerning such requirements in the context of qualifying engineering firms and §2.2-3711(A)6 of the Code of Virginia, 1950, as amended, for the purpose of discussion or consideration of the investment of public funds where if made public initially, the financial interest of the governmental unit would be adversely affected specifically being in the investment of public funds as incentives for prospective location of Business A to Appomattox.
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. Carter and with all members present voting “aye”, Council voted to pre-qualify multiple engineering firms. Motion carried.
On a motion by Mr. McDearmon, seconded by Mr. Carter and with all members present voting “aye”, Council voted to adjourn at 9:30 p.m. Motion carried.
Roxanne W. Paulette, Clerk
Paul D. Harvey, Mayor