November 08, 2010 Council Regular Minutes

1 Regular Council Meeting

Monday, November 8, 2010

The Appomattox Town Council held a regular council meeting on Monday, November 8, 2010 at 7:30 p.m. at the Appomattox Municipal Building, 210 Linden Street, Appomattox, Virginia with Mayor Harvey presiding.

Members present: Timothy W. “Timmy” Garrett, C. Lewis McDearmon, Jr., Mary Lou Spiggle, N. H. “Jimmy” Mayberry, Steven T. “Steve” Conner and Joyce B. Bennett.

Others: Bill Jamerson, Hazel Thomas, Rhonda Guill, Nolen Connelly, Jordan Miles, Susan Carson, Roger and Debbie Carson, Lucy Harvey, Benny Harvey, John Spiggle, Stephanie James, Bill and June Goodrich, Chad Millner, Nina Beasley, Earl Martin, Bob Hopkins, Cliff Harvey, Tony Clifton, Frank Wright, Jr., Town Attorney, Bill Gillespie, Interim Town Manager and Roxanne Paulette, Clerk of Council.

Mayor Harvey called the meeting to order and welcomed all guests and visitors.

Rev. Carlton Duck delivered the invocation.

Mayor Harvey led the Pledge of Allegiance.

On a motion by Councilmember McDearmon, seconded by Councilmember Mayberry, Council voted to approve the consent agenda with the addition of a Closed Session. All members present voting aye. Motion carried.

Closed Session – On a motion by Councilmember Mayberry, seconded by Councilmember McDearmon, 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 counselor retain by the Appomattox Town Council regarding specific legal matters requiring the provision of legal advice by such counsel, specifically being a consultation with legal counsel for the purpose of receiving legal advice regarding the Conditional Use Permit before Council on November 8, 2010.

Vote: Garrett – aye, McDearmon – aye, Spiggle – aye, Mayberry – aye, Conner – aye, Bennett – aye.

Now, therefore, be it resolved, that the members of 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: Garrett – aye, McDearmon – aye, Spiggle – aye, Mayberry – aye, Conner – aye, Bennett – aye.

Mr. Bill Jamerson – Jamerson Real Estate appeared before Council to withdraw the Conditional Use Permit request CUP 10007.

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Monday, November 8, 2010

Mr. Jamerson also suggested looking into the iron railing along Church Street. He recommended replacing it sooner rather than later.

Mr. Gillespie, Interim Town Manager explained the difference between the options Mr. Jamerson had available to him for use of the property. One was a conditional use permit for M-1 and the other was to rezone the property. Mr. Jamerson has withdrawn his request for a Conditional Use Permit in M-1 since it would affect all M-1 property and that was not his intent. Mr. Jamerson will now look at the project and resubmit. Mr. Gillespie explained that there will be two (2) public hearings, one with the Planning Commission and the other with the Town Council once Mr. Jamerson files another application.

Public Comments – Mr. Tony Clifton, 969 Confederate Blvd., Appomattox, Virginia – I’m a little confused. I understand what you’re saying. Is he planning an apartment or what? Looking around here, I’m going to be the closest resident to this. I have a problem with people from Simpson Trailer Park coming across my yard dropping cigarette packs, etc. There will be an increase in foot traffic through my yard. They won’t use the sidewalk. When I ask them not to walk through my property they look at me like who/what are you? My concern it looks like to me that he has bad entrances either way. It’s a no win situation. He’s got plenty of room over on 727 on his property over there. Why doesn’t he put it over there? I will be back for other public hearings too.

Mayor’s Comments – Mayor Harvey thanked the public for their patience during the Closed Session in regards to this matter.

Public Appearances – none.

Unfinished Business – none.

New Business –

On a motion by Councilmember McDearmon, seconded by Councilmember Conner, Council voted to table the request of Virginia Electric and Power Company (Dominion Virginia Power) for a Right of Way Easement until a representative from Dominion Virginia Power can appear before Council to address their request. All members present voting aye. Motion carried.

On a motion by Councilmember McDearmon, seconded by Councilmember Mayberry voted to select the firms of Hurt & Proffitt, WW Associates, Wiley/Wilson, B&B Consultants and Reid Engineering for Engineering Services under the Basic Ordering Agreement.

Vote: Garrett – aye, McDearmon – aye, Spiggle – aye, Mayberry – aye, Conner – aye, Bennett – aye. Motion carried.

On a motion by Councilmember Mayberry, seconded by Councilmember Garrett, Council voted to authorize Mayor Harvey to execute the Basic Ordering Agreement for Engineering Services for the Town of Appomattox.

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Monday, November 8, 2010

Vote: Garrett – aye, McDearmon – aye, Spiggle – aye, Mayberry – aye, Conner – aye, Bennett – aye. Motion carried.

Mr. Bill Gillespie, Interim Town Manager provided Council with an update on the construction of the water and sewer lines in the STAG grant area of Martha Street, Annie Street, etc. The update included a project and payment schedule. The information was provided to Council should citizens ask them questions. The project is off to a good start and hopefully the weather will hold off for us.

Council Concerns: Councilmember Spiggle – With the recent announcement that Thomasville Furniture will be closing their business completely by March of next year, I feel that it very critical that the Town take the necessary steps to work with the County of Appomattox to hire an Economic Development Director. Our citizens are hurting and they need jobs - that’s obvious. I recommend that the Town Council set up a meeting with the full Town Council, full Board of Supervisors, and full Economic Development Authority to move this process forward.

Mr. Conner agreed but would like to see the subcommittee meet and then have all the bodies meet together and address Ms. Spiggle’s recommendation.

Mr. Conner asked for an update on the advertisement of the Landscaping Ordinance public hearing. Ms. Paulette reported that the comments have been incorporated in the ordinance and the public hearing has been scheduled for Monday, December 6, 2010 at 6:30 p.m. at the Town Municipal Building, 210 Linden Street, Appomattox, Virginia.

Mayor Harvey asked for an update on the Museum of the Confederacy Sewer project. The Preliminary Engineering Report has been sent to the Department of Environmental Quality (DEQ) and the Environmental Protection Agency (EPA) for their review.

On a motion by Councilmember Mayberry, seconded by Councilmember Conner, Council voted to adjourn at 8:10 p.m. All members present voting aye. Motion carried.

Roxanne W. Paulette Clerk

Paul D. Harvey Mayor