September 12, 2011 Council Regular Minutes

1 Regular Council Meeting Monday, September 12, 2011

The Appomattox Town Council held a Regular Council Meeting on Monday, September 12, 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, Mary Lou Spiggle, N.H. “Jimmy” Mayberry, Steven T. “Steve” Conner, and Joyce B. Bennett.

Other Present: Cliff Harvey, Lucy Harvey, Benny Harvey, Dr. Chris King, Stephanie James, Jeff Elder, Stacey Wilkes, Town Treasurer; Roxanne W. Paulette, Clerk of Council and Rhonda W. Guill, Deputy Clerk

Mayor Harvey called the meeting to order

Dr. Chris King led the invocation

Dr. Chris King led the Pledge of Allegiance

Public Appearances – None

Mayor’s Comments Community of Candles asked about leaving the ice skating rink in the parking lot on Main Street or moving it to the Jamerson Library parking lot, after Sunday’s events. It is consensus of Council the rink be moved after Sunday to Liberty’s property. Steve would like for Liberty to ask the Lawson’s for permission as well, for use of the parking lot. The Town has agreed to put up the same size as year’s past and the Community of Candles Committee will decorate it. They also asked for more money for decorations, the Town will donate the same amount of money at last year. They will be installing a stage but the location has not been determined yet. Mayor Harvey will meet with Rev. Small this week to get more details and let him know what Council has decided.

Mayor Harvey made note that item #3 under New Business has been removed and a Closed Session has been added to the agenda.

On a motion by Councilmember Mayberry, seconded by Councilmember McDearmon, Council voted to adopt the Consent Agenda for September 12, 2011. All members present voting aye. Motion carried.

Unfinished Business – None

New Business Mayor Harvey presented the following resolution:

Resolution Concerning the Appomattox Court House National Historical Park

2 Regular Council Meeting Monday, September 12, 2011

WHEREAS the Appomattox Court House National Historical Park plays a major part in conserving the history of Appomattox County, the State of Virginia and the United States of America as the surrender site ending the American Civil War in April 1865; and WHEREAS the Appomattox Court House National Historical Park is the anchor site for tourism in Appomattox County; and is one of several historical locations in the heart of Virginia known as Region 2000 significant to the development of the United States; and WHEREAS the Appomattox Court House National Historical Park is a major factor in the economic well-being of Appomattox County and the surrounding area; and WHEREAS the National Parks Conservation Association Center for Park Research in its June 2011 “State of America’s National Parks” used the Appomattox Court House National Historical Park as an example of a deteriorating site that is under staffed and underfunded with facilities and historic buildings in need of renovation, restoration, repair and ongoing maintenance; and WHEREAS local Park Service Staff at the Appomattox Court House National Historical Park has diligently worked to protect, preserve and maintain the site and provide visitors with a meaningful, memorable experience involving what many consider the most important event of the American Civil War and one of the most important events in our nation’s history; and WHEREAS the Sesquicentennial Anniversary of this major event is in April 2015 and thousands of visitors, re-enactors and others interested in the history of the Civil War, the events that occurred at the Appomattox Court House National Historical Park and the figures involved in those events are expected to travel from across the state of Virginia, the Nation and the world to visit the site;

BE IT NOW THEREFORE RESOLVED that the Town Council of Appomattox, representing the concerns of the community and citizens; requests the National Park Service seek and provide the resources, funding and planning of a renovation, restoration, repair project for the Appomattox Court House National Historical Park to be completed by December of 2014 and provide the resources, funding and planning of an ongoing maintenance program to prevent future deterioration of this historically significant landmark.

On a motion by Councilmember Conner, seconded by Councilmember Garrett, Council voted to adopt a Resolution Concerning the Appomattox Court House National Historical Park. All members voting aye. Motion carried.

On a motion by Councilmember Mayberry, seconded by Councilmember Spiggle, Council voted to authorize Mayor Harvey to execute the Water Purchase Contract between Appomattox County and the Town of Appomattox. All members present voting aye. Motion carried.

Citizen Comment Period – None

Council Concerns – None

3 Regular Council Meeting Monday, September 12, 2011

Closed Session

On a motion by Councilmember McDearmon, seconded by Councilmember Conner, 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 a public body regarding specific legal matters requiring the provision of legal advice by such counsel, such specific legal matters being issues pertaining to the enforceability of the sign ordinance. Council also voted to convene in Closed Session, pursuant to §2.2-3711 (A) 3 of the Code of Virginia, 1950, as amended, for the purpose of discussion or consideration of the acquisition of real property for a public purpose, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, specifically being for the expansion and/or relocation of the Public Works facilities. All members present voting aye. Motion carried.

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

On a motion by Councilmember McDearmon, seconded by Councilmember Conner, Council voted to adjourn at 8:20 p.m. All members present voting aye. Motion carried.


Roxanne W. Paulette, Clerk


Paul D. Harvey, Mayor