April 11, 2016 Council Regular Minutes

1 Appomattox Town Council Regular Council Meeting April 11, 2016

The Appomattox Town Council held a Regular Council meeting on Monday, April 11, 2016 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, Claudia G. Puckette and Steven T. Conner.

Absent: M. Erin Finch

Others present: Philipp Gabathuler, Carlton Duck & Brian Moore, Alive Media TV; Daniel Puckette, Times Virginian Newspaper; Ashlie Walter, News & Advance; Rick Butler, Virginia State Forester; Stacey Wilkes, Treasurer, Bill Gillespie, Town Manager and Roxanne W. Casto, Clerk of Council

Mayor Harvey called the Regular Council meeting to order and welcomed the visitors.

Carlton Duck led the prayer and Pledge of Allegiance.

Public Hearing - Mayor Harvey opened the public hearing by stating the purpose: The purpose of this public hearing will be to receive public comments concerning the proposed purchase of real property located in the Town of Appomattox, more particularly identified as 1.175 acres, more or less, tax identification number 64A5(A) 249, currently owned by Anne Abbitt Kerr, Watkins M. Abbitt, Jr., and Corrine H. Abbitt, for the price of $40,000 to be added to an adjoining parcel currently owned by the Town. Documents relating to the proposed purchase, including a plat of survey, have been available for review at the Appomattox Town Office, 210 Linden Street, Appomattox, Virginia.

There were no public comments.

Mayor Harvey closed the public hearing.

Mayor’s Comments: None

Scheduled Public Appearances: None

Consent Agenda - On a motion by Mr. McDearmon, seconded by Mr. Garrett, Council voted to adopt the consent agenda for Monday, April 11, 2016 as presented. All members present voting aye. Motion carried 5-0.

Old Business – none

2 Appomattox Town Council Regular Council Meeting April 11, 2016

New Business –

Committee Recommendations – On a recommendation of the Finance & Planning and Physical Development Committees, Council voted to fund (2) separate engineering agreements and authorizes staff to pursue the interim financing options for the loan, specific to the USDA, Inflow and Infiltration and SBR modification project. All members present voting aye. Motion carried 5-0.

On a motion by Ms. Spiggle, seconded by Ms. Puckette, Council voted to authorize Mayor Harvey to execute the employment agreement for the position of Town Manager. All members present voting aye. Motion carried 5-0.

Mayor Harvey presented the 2016 Arbor Day Proclamation to Rick Butler, Virginia State Forester:

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,

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 they are planted, are a source of joy and spiritual renewal.

NOW, THEREFORE, I, Paul Harvey, Mayor of the Town of Appomattox, do hereby recognize the 29th

day of April, 2016 (the last Friday in April) as our Eighth Annual Arbor Day celebration and I urge all 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.

Dated this day of

Mayor

3 Appomattox Town Council Regular Council Meeting April 11, 2016

On a motion by Mr. McDearmon, seconded by Mr. Garrett, Council voted to accept the FY 2015 Town Audit by Brown Edwards & Company, LLC. All members present voting aye. Motion carried 5-0.

On a motion by Ms. Spiggle, seconded by Mr. McDearmon, the following resolution was adopted by a majority of the members of the Town Council by a roll call vote:

RESOLUTION AUTHORIZING THE PURCHASE OF LAND

Whereas, the Appomattox Town Council held a public hearing on Monday, April 11, 2016 at 7:30 p.m. at the Appomattox Municipal Building, 210 Linden Street, Appomattox, Virginia to hear citizen comments regarding the purchase of land in the Town of Appomattox for the purpose of adding to an adjoining parcel currently owned by the Town, used as a Children’s Park; and

Whereas, the land is located in the Town of Appomattox, and is described as follows:

All that certain tract or parcel of land, lying and being in the Southside Magisterial District, Appomattox County, Virginia, containing 1.175 acres, more or less, described upon a plat of survey dated October 30, 2007, made by William W. Dickerson Jr., L.S., entitled “1.1175 Acres Surveyed for: Watkins M. Abbitt, Jr.,” which said plat is recorded in the Clerk’s Office of the Circuit Court of Appomattox County, Virginia as instrument No. 201600246 for a more particular description of metes and bounds and;

Whereas, the Town of Appomattox has executed a contingent contract for the purchase of the aforesaid property; and

Whereas, the contingent contract and a detailed plat are available for review at the Appomattox Town Office, Monday through Friday, 8:30 am to 4:30 pm, and;

Now, therefore, be it resolved, that the Appomattox Town Council does hereby adopt this resolution on April 11, 2016 at a duly called Regular Meeting and the purchase of the abovementioned property by the Town of Appomattox through the execution of the Contract of Purchase shall take effect immediately.

Clerk of Council

Vote: Garrett – yes, McDearmon – Yes, Spiggle – yes, Puckette - yes, Conner – abstained, Finch – absent. Motion carried 4-0.

On a motion by Mr. Garrett, seconded by Ms. Spiggle, Council voted to adopt the latest version of the Employee Handbook with the proposed changes. All members present voting aye. Motion carried 5-0.

Town Manager’s Update – None

Citizen Comment Period – None

4 Appomattox Town Council Regular Council Meeting April 11, 2016

Council Concerns: Mr. Conner stated he had received a phone call regarding the Town having received a grant for sidewalks in Meadowlark.

Closed Session –

On a motion by Council Member McDearmon, seconded by Council Member Garrett, Council voted to convene in Closed Session pursuant to Section 2.2-3711 (A) 1 of the Code of Virginia, 1950, as amended, for the purpose of discussion of the performance of a specific public appointee of the Town, specifically being Appointee A.

Vote: Garrett – yes, McDearmon – yes, Spiggle – yes, Conner – yes, Puckette – yes, Finch - absent.

The meeting was re-opened to the public.

Council Member Garrett made the following motion:

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 RESOLOVED 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.

The motion was seconded by Council Member Puckette and Council by the following recorded vote adopted the motion:

Vote: Garrett – yes, McDearmon – yes, Spiggle – yes, Conner – yes, Puckette – yes, Finch - absent. Motion carried.

On a motion by Mr. Garrett, seconded by Mrs. Puckette, Council voted to adjourn at 8:20 p.m. Vote: Garrett –yes, McDearmon – yes, Spiggle – yes, Conner – yes, Puckette – yes, Finch - absent. Motion carried 5-0.

Roxanne W. Casto, MMC Clerk

Paul D. Harvey Mayor