1 Regular Council Meeting Monday, April 8, 2013
The Appomattox Town Council held a regular council meeting on Monday, April 8, 2013 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 Claudia Puckette.
Others: Rick Butler, S. L. Ferguson, Marvin Mitchell, Bryan David, Stephanie James, Katrina Koetring, Roger Carson, Barbara Shelton, Erin Finch, Jeff Elder, 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.
Rev. Carlton Duck led the Pledge of Allegiance.
Mr. Gillespie introduced and recognized the members of the Town Planning Commission – Marvin Mitchell - Chairman, Erin Finch – Vice-Chairman, S. L. Ferguson, Roger Carson and Claudia Puckette.
Public Hearing Mayor Harvey opened the Public Hearing and stated the purpose:
Appomattox Town Council and Town Planning Commission will conduct a public hearing on a proposed Ordinance of Vacation, pursuant to VA. CODE ANN. §15.2-2272 to vacate that the unopened portion of Lizzie Street identified as “Parcel 1” containing 0.106 acre, “Parcel 2” containing 0.050 acre and “Parcel 3” containing 0.055 acres, all as shown upon a plat of survey entitled “Boundary Line Adjustment Survey, 0.211 Acre, Surveyed for: Town of Appomattox, Source of Title: Town of Appomattox D.B. 24 P.184,” made by Elizabeth R. Rosser, L.S., dated October 13, 2011, Divided December 9, 2011, and recorded in the clerk’s office aforesaid at the Appomattox County Courthouse, which area remains an unopened street. The effect of such proposed vacation shall be to vest such title as the Town of Appomattox may possess to the centerline of such unopened street so vacated, free and clear of any rights of the public, but subject to the rights of the owners of any public utility installations which have been previously erected therein, in accordance with the provisions of Virginia Code Ann. Sec. 15.2-2274, equally in the owners of abutting properties as follows:
Parcel 1 containing 0.106 acre, more or less, shall be added to T.M. No. 64A6-1- I-7A owned by Bonnie S. Cunningham; Parcel 2 containing 0.050 acre, more or less, shall be added to T.M. No. 64A6-2- B owned by Jacqueline P. Hamlette and Troy Q. Coker; Parcel 3 containing 0.055 acre, more or less, shall be added to T.M. No. 64A6-1- H-2 owned by Edward D. Austin, Jr. and Leslie C. Austin;
2 Regular Council Meeting Monday, April 8, 2013
The Planning Commission will make its recommendation with respect thereto to the Appomattox Town Council for its consideration at its meeting to be held on May 13, 2013.
There were no public hearing comments regarding this item.
Mayor Harvey closed the hearing.
Scheduled Public Appearances – Rick Butler, State Forester – Appomattox Town Tree Board Rick Butler appeared before Council to announce that the Town of Appomattox is now designated a Tree City, USA by the Arbor Day Foundation.
The 2013 Arbor Day observance will be held on Friday, April 12 at 4:30 p.m. at the strip of property between Robinson Funeral Home and Ferguson Street.
On a motion by Mr. Mayberry, seconded by Mr. Garrett, Council voted to accept/present the 2013 Arbor Day proclamation to the Tree Board. All members present voting aye. Motion carried.
TOWN OF APPOMATTOX ARBOR DAY PROCLAMATION
WHEREAS,
in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and
WHEREAS,
this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and
WHEREAS, Arbor Day is now observed throughout the nation and the world, and
WHEREAS,
trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and
WHEREAS,
the Town of Appomattox has been designated a bird sanctuary and trees provide habitat for birds, and
WHEREAS,
trees are a renewable resource giving us paper, wood for our homes, fuel for our fire and countless other wood products, and
WHEREAS,
trees increase property values, enhance the economic vitality of business areas, and beautify communities, and
WHEREAS,
trees, wherever planted, are a source of comfort, joy and inspiration.
NOW, THEREFORE, I, Paul Harvey, Mayor of the Town of Appomattox, do hereby recognize the 12th
day of April, 2013 as our Fifth Annual Arbor Day celebration and I urge all
3 Regular Council Meeting Monday, April 8, 2013
citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and
FURTHER,
I urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations.
Bryan David, Executive Director, Region 2000 Economic Development Council Bryan David, Executive Director, Region 2000 Economic Development Council appeared before Town Council to explain in detail the Tourism Related Retail and Hospitality Market and Site Assessment study/project.
He explained the agreement between Virginia’s Region 2000 Partnership Economic Development Council (on the Town’s behalf) and Peckham Guyton Albers & Viets, Inc.
On a motion by Councilmember Spiggle, seconded by Councilmember Garrett, Council voted to authorize the engagement of Region 2000 Partnership Economic Development Council to retain the professional consultant, Peckham, Guyton Albers and Viets, Inc., subject to a Memorandum of Understanding between Region 2000 Partnership Economic Development Council and the Town of Appomattox with language to be approved by the Town Manager and executed by the Mayor and further to approve the $44,500 and authorize the funds necessary to fund it from the undesignated general fund balance. All members present voting aye. Motion carried.
Mayor’s Comments – Mayor Harvey thanked the Planning Commission members for their willingness to serve. Mayor Harvey also thanked Rick Butler, Roxanne Paulette and the members of the tree board for their work on obtaining the Tree City USA designation for the Town of Appomattox.
Consent Agenda On a motion by Mr. Garrett, seconded by Mr. Conner, Council voted to approve the consent agenda of April 8, 2013 as presented. All members present voting aye. Motion carried.
Unfinished Business – none
New Business –
On a motion by Mr. Mayberry, seconded by Ms. Spiggle, Council voted to approve the FY 2014- 2018 Capital Improvement Plan as presented. The CIP is subject to funding in an organized financial plan. All members present voting aye. Motion carried.
On a motion by Ms. Spiggle, seconded by Mr. McDearmon, Council voted to accept the proposal from Reid Engineering and approved payment from the existing operating budget. All members present voting aye. Motion carried.
4 Regular Council Meeting Monday, April 8, 2013
On a motion by Mr. McDearmon, seconded by Mr. Garrett, Council voted to cancel the May 28, 2013 Physical Development Committee meeting and Workshop meeting. All members present voting aye. Motion carried.
Staff Reports – Mr. Gillespie reported that Norfolk Southern is scheduled to begin working to repair the Court Street crossing the week of May 13, 2013. VDOT will be working the approaches to the tracks.
Council Concerns: Ms. Spiggle thanked Mr. Elder and Mrs. Garrett for their work on the Capital Improvement Plan.
Closed Session – On a motion by Mr. Garrett, seconded by Mr. Mayberry, Council voted to convene in Closed Session pursuant to §2.2-3711 (A) 5 of the Code of Virginia, 1950, as amended for the purpose of 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.
Garrett – aye, McDearmon – aye, Spiggle – aye, Mayberry – aye, Conner – aye, Puckette – 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.
Garrett – aye, McDearmon – aye, Spiggle – aye, Mayberry – aye, Conner – aye, Puckette – aye. Motion carried.
On a motion by Mr. McDearmon, seconded by Mr. Garrett, Council voted to adjourn at 8:45 p.m. All members present voting aye. Motion carried.
Roxanne W. Paulette Clerk
Paul D. Harvey Mayor