March 09, 2015 Council Regular Minutes

1 Appomattox Town Council Regular Council Meeting March 9, 2015

The Appomattox Town Council held a Regular Council meeting on Monday, March 9, 2015 at 7:30 p.m. at the Appomattox Municipal Building, 210 Linden Street, Appomattox, Virginia with Mayor Harvey presiding.

Members present: Timothy W. Garrett, C. Lewis McDearmon, Jr., Mary Lou Spiggle, N. H. “Jimmy” Mayberry, Steven T. Conner, and Claudia G. Puckette.

Others present: Scott Smith, Region 2000 Planner, Stephanie James, Times Virginian; Katrina Koerting, News and Advance; Daniel Puckette, Linda Lipscomb, Museum of the Confederacy; Carlton Duck and Brian Moore, Alive Media TV; Stacey Wilkes, Town Treasurer; Bill Gillespie, Town Manager and Roxanne Casto, Town Clerk.

Mayor Harvey called the meeting to order.

Rev. Brian Moore opened the meeting with a prayer and led the Pledge of Allegiance.

Mayor Harvey opened the public hearing PH 02092015-01 – CDBG funding.

Scott Smith, Region 2000 Planner provided the purpose of the public hearing which is to solicit public input on the proposed Community Development Block Grant (CDBG) proposal to be submitted to the Virginia Department of Housing and Community Development for the Greater Meadowlark Neighborhood Project. The Greater Meadowlark Neighborhood Project proposal will include the following activities: housing rehabilitation, pedestrian safety improvements, blight removal, and storm drainage improvements.

Jacqueline Coker – Owns property on Stevens Street. There are lots of people walking and littering. She hopes the Town could install NO LITTERING signs in the area. She also stated that she hopes the grant goes through because it would certainly be appreciated.

There were no other comments.

Mayor Harvey closed the public hearing.

Mayor Harvey opened the next public hearing PH 03092015-02 – Museum of the Confederacy

The Museum of the Confederacy-Appomattox, 159 Horseshoe Road, Appomattox, Virginia does hereby request a special exception permit in order to add a living history display area (Museum/Cultural Services) on property identified as Tax Map Identification Number 64 (A) 95C. This parcel is approximately 2.0 acres in size and is located immediately adjacent to the existing museum. The property is zoned B-2, General Business, however the use is not among the permitted uses. Town Code Section 195-14, Uses Not Specifically permitted; special exception allows for any use not specifically listed in the use chart to make a request to Town Council for approval by special exception.

2 Appomattox Town Council Regular Council Meeting March 9, 2015

Mrs. Linda Lipscomb, Site Director gave a brief explanation of the request.

There were no public comments.

Mayor’s Comments: Mayor Harvey thanked the Public Works for all of their efforts during snow removal.

Scheduled Public Appearances – none

Consent Agenda - On a motion by Councilmember Garrett, seconded by Councilmember Mayberry, Council voted to adopt the consent agenda for March 9, 2015 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 Sewer Only Policy. All members present voting aye. Motion carried.

On a motion by Ms. Spiggle, seconded by Mr. Conner, Council voted to pursue the LOVE works sign for the Sesquicentennial events. All members present voting aye. Motion carried.

On a motion by Mr. Mayberry, seconded by Mr. Garrett, Council voted to authorize the Mayor to execute the Letter of Request for the Historic Downtown & Business Districts for Phase I of the Master Plan. All members present voting aye. Motion carried.

On a motion by Mr. Garrett, seconded by Ms. Puckette, Council voted to proceed with the Water Park Feasibility Study at a cost of $35,000. Vote: Garrett, McDearmon, Spiggle, Mayberry and Puckette all voting aye. Mr. Conner voted no. Motion carried 5-1.

On a motion by Ms. Spiggle, seconded by Mr. Conner, Council voted to adopt a resolution for the Community Development Block Grant for the Greater Meadowlark Community Improvement Project.

Community Development Block Grant Greater Meadowlark Community Improvement Project

WHEREAS, the Town of Appomattox wishes to apply for $1,000,000 of Virginia Community Development Block Grant (CDBG) funds for the Greater Meadowlark Community Improvement Project; and

3 Appomattox Town Council Regular Council Meeting March 9, 2015

WHEREAS, citizen participation requirements have been met by holding public hearings on February 9, 2015 and March 9, 2015, advertising both as appropriate and with notices posted and distributed to citizens; and

WHEREAS, the CDBG National Objective of providing benefit to Low-and-Moderate Income (LMI) persons is being met through the rehabilitation of at least 15 houses occupied by LMI persons; and

WHEREAS, the Town of Appomattox will be providing at least $15,000 in in-kind contributions to the project; therefore

BE IT RESOLVED that the chief executive officer of the Town of Appomattox is hereby authorized to sign and submit appropriate documents for this Virginia Community Development Block Grant application.

All members present voting aye. Motion carried.

Town Manager’s Report – Mr. Gillespie reported on the planning of the Legislative Breakfast. Delegate Fariss and Senator Garrett are available to attend on Friday, March 27, 2015 at 7:30 a.m. The Clerk will send out invitations to the Town Council, Board of Supervisors, Town and County staff, Town and County EDA, Town and Council Planning Commission members and the School Board.

Citizen Comment Period – none

Council Concerns – Mrs. Puckette asked for an update on Lindenburg Industries. Mr. Gillespie advised Council that Blair Construction has applied to have the electricity/power put in their name. Some demolition of the building has begun. It is a mammoth project.

Closed Session – On a motion by Councilmember Mayberry, seconded by Councilmember Garrett, Council voted to convene in Closed Session, pursuant to Section 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 of Appomattox regarding specific legal matters requiring the provision of legal advice by such counsel, specifically being the interpretation of proposed contract terms for a contract with Appointee A. All members present voting aye. Motion carried.

The meeting was reopened to the public.

Closed Session Certification – Councilmember Conner made the following motion:

4 Appomattox Town Council Regular Council Meeting March 9, 2015

WHEREAS, the Council of the Town of Appomattox has convened a closed meeting on this date, pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and

WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by Town Council that such closed meeting was conducted in conformity with Virginia law;

NOW, THEREFORE, BE IT RESOLVED that the Appomattox Town Council hereby certifies that the best of each members knowledge: (1) Only public business matters lawfully exempted from open meeting 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.

The motion was seconded by Council Member Mayberry, and Council by the following recorded vote adopted the motion: Vote: Garrett – aye, McDearmon – aye, Spiggle – aye, Mayberry – aye, Conner – aye, Puckette – aye. Motion carried.

On a motion by Mr. Mayberry, seconded by Ms. Puckette, Council voted to approve the Second (2nd) Amendment to the consulting agreement between the Town of Appomattox and MRG, LLC. All members present voting aye. Motion carried.

On a motion by Councilmember Puckette, seconded by Councilmember Garrett, Council voted to adjourn at 8:35 p.m. All members present voting aye. Motion carried.

Roxanne W. Casto, MMC Clerk

Paul D. Harvey Mayor