January 10, 2011 Council Regular Minutes

1 Regular Council Meeting

Monday, January 10, 2011

The Appomattox Town Council held a regular council meeting on Monday, January 10, 2011 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 Goodrich, Chad Millner, Barbara Shelton, Linda Lipscomb, Cliff Harvey, Nolan Connelly, Ronnie Lankford, Stephanie James, Will Simmons, Hazel Thomas, Carlton Duck, Stacey Wilkes, Town Treasurer; Bill Gillespie, Interim Town Manager and Roxanne W. 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 Bennett, seconded by Councilmember Garrett, Council voted to approve the consent agenda of January 10, 2011 as presented. All members present voting aye. Motion carried.

Public Comments – None

Mayor’s Comments – Mayor Harvey wished everyone a Happy New Year. A letter was received by Waite Rawls with the Museum of the Confederacy and the site work is beginning on the new Museum of the Confederacy location. “Civil War Talks” will be held at Baine’s Books and Coffee on Main Street, the first Wednesday of each month from 12:15 – 12:45 p.m. Lastly, the Town needs to discuss the agreement between the Museum of the Confederacy and the Town of Appomattox for sewer service in that area.

Public Appearances – None

Unfinished Business –

On a motion by Councilmember Mayberry, seconded by Councilmember Spiggle, Council voted to adopt the changes to the Bylaws and Rules of Procedure for the Town of Appomattox. All members present voting aye. Motion carried.

New Business –

On a motion by Councilmember McDearmon, seconded by Councilmember Garrett, Council voted to adopt the 2011 Town Council meeting schedule. All members present voting aye. Motion carried.

2 Regular Council Meeting

Monday, January 10, 2011

Will Simmons, Director of Tourism appeared before Council regarding a resolution of support for the Civil War Preservation Trust for a Transportation Enhancement Grant to purchase land adjacent to the 47 +/- acres for the Battle of Appomattox Station property.

Mayor Harvey read the proposed Resolution of Support:

RESOLUTION OF SUPPORT CIVIL WAR PRESERVATION TRUST

WHEREAS, the 150th Anniversary of the American Civil War is being commemorated throughout the Commonwealth, and

WHEREAS, publicity surrounding the sites associated with the American Civil War will be highlighted throughout the Sesquicentennial during the next 5 years (2011-2015), and

WHEREAS, Appomattox is recognized worldwide as the place Where Our Nation Reunited, and

WHEREAS, the Civil War Preservation Trust has recently acquired 47 acres within the Town of Appomattox known as the site of the Battle of Appomattox Station, and

WHEREAS, the Civil War Preservation Trust has expressed interest in acquiring and preserving additional parcels of land within the Town of Appomattox through a Transportation Enhancement Grant, and

WHEREAS, additional American Civil War related attractions will provide an increased economic benefit to the community.

NOW, THEREFORE, BE IT RESOLVED, the Appomattox Town Council does hereby support the Civil War Preservation Trust’s efforts to preserve additional historic real estate properties within the Town of Appomattox.

Council inquired which properties the Civil War Preservation Trust would be trying to acquire. Mr. Simmons was unclear which properties were desired of the Civil War Preservation Trust. Mr. Simmons assured Council this resolution of support was only necessary to pursue their grant efforts. The grant, if awarded, may be used to purchase adjacent parcels.

On a motion by Councilmember Garrett, seconded by Council Spiggle, Council voted to table adoption of the resolution until more information could be obtained. All members present voting aye. Motion carried.

On a motion by Councilmember Mayberry, seconded by Council Garrett, Council voted to revise the Policies and Guidelines for Travel – Town Employees and Officials – Mileage reimbursement rate from $0.50 per mile to $0.51 per mile for use of a personal vehicle. All members present voting aye. Motion carried.

3 Regular Council Meeting

Monday, January 10, 2011

On a motion by Councilmember Spiggle, seconded by Councilmember Garrett, Council voted to authorize Paul D. Harvey, Mayor to execute the Voluntary Boundary Adjustment Agreement to include Tax Map Identification Numbers: 64(A) 95, 64 (A) 95A, 64 (A) 98, 64 (A) 111, 64 (A) 112, 64 (A) 113, 64 (A) 114, 64 (A) 114A, 64 (4) 1, 64 (4) 2, 64 (4) 3, 64 (4) 3A, AND 64 (4) A. All members present voting aye. Motion carried.

Council Concerns: Steve Conner – Reiterated that he could not support the Civil War Preservation Trust efforts without knowing more information.

Update from the Town Manager:

• A previous request by Dominion Virginia Power for an easement near the Town Office

on Court Street has been eliminated. Dominion Virginia Power will be using an easement on the other side of Court Street.

• Properties on Confederate Blvd. – The report is complete. A letter is being sent to the Town Attorney. A list/guide has been provided to follow. The deficiencies have been identified. In approximately two (2) weeks a certified/return receipt letter will be mailed to the owner. Mr. Gillespie thanked the property investigation committee members for their assistance.

• The pavilion has been finalized. The 24’ x 44’ pavilion for $14,000 does not include the

slab. The pavilion will be ordered this week. • The railing on Church Street has been completed. • Mr. Gillespie introduced Bryan David with the Region 2000 Economic Development

Committee. Mr. David asked the Town of Appomattox to participate in the Region 2000 CEDS project submission. Mr. David assured Council that there was no commitment of money at this time.

• Council gave consensus to allow staff to approve change orders for the STAG grant

project up to $15,000 of the base bid of $709,000. Mr. Gillespie advised Council that there is an allowance for certain things of $30,000 built into the contract awarded of $739,000. Currently, there is no contingency in the bid.

Closed Session On a motion by Councilmember Conner, seconded by Councilmember Spiggle, Council voted to convene in Closed Session pursuant to §2.2-3711(A)5 of the Code of Virginia, 1950, as amended, for the discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business’ or industry’s interest in locating or expanding its facilities in the community, specifically being Business A and §2.2- 3711(A)6 of the Code of Virginia, 1950 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 discussion of the waterline maintenance agreement from Concord to Appomattox.

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

4 Regular Council Meeting

Monday, January 10, 2011

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

On a motion by Councilmember Mayberry, seconded by Councilmember Spiggle, Council voted to adjourn at 9:10 p.m. All members present voting aye. Motion carried.

Roxanne W. Paulette Clerk

Paul D. Harvey Mayor