1 Appomattox Town Council Regular Council Meeting September 12, 2016
The Appomattox Town Council held a Regular Council meeting on September 12, 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, M. Erin Finch Steven T. Conner, and Claudia G. Puckette
Others present: Ashlie Walter, News & Advance; Daniel Puckette, Times Virginian; George Aznavorian, Steven Conner (Agent), Brad Bays, Basil Bays, Megan Lucas, Kelly Hitchcock, Sharon Layne, Town Treasurer; Elizabeth Gilliam, Linda Lipscomb, Nathan Harbin, Proctor Harvey, Don Pendleton, Frank Wright, Town Attorney; Don & Nancy Wilks, Jeff Elder, Facilities Director; Philipp Gabathuler, Town Manager and Roxanne W. Casto, Clerk of Council.
Mayor Harvey called the Regular Council meeting to order and welcomed the visitors.
Rev. Carlton Duck led the prayer and Pledge of Allegiance.
Scheduled Public Appearances: Mr. George Aznavorian presented a Master Plan for the Latitude 37 Appomattox, LLC property (formerly the Thomasville property).
Mr. Steven T. Conner presented the following Conflict of Interest Disclosure Statement
during this portion of the meeting:
I, Steven T. Conner, will abstain from voting or participating in discussion on this petition due to having a personal interest in this transaction. I am disqualified from participating in this transaction pursuant to Subdivision A 1 of Section 2.2-3112 of the Code of Virginia. My interest is that I serve as the real estate agent for the property owner, Latitude 37 Appomattox LLC. My real estate business is known as Steven T. Conner Real Estate, 536 Court Street, Appomattox, Virginia.
Mr. Aznavorian and Mr. Conner presented a concept of mixed use with the core of the property being used for medical purposes. Mr. Aznavorian plans to use the plant (large building) for automotive or furniture but does not see it being used for any one user. There is also an opportunity for 10-12 businesses that offer a small number of employees. Mr. Conner said the reason for this presentation is to overcome concerns for the property. Mr. Aznavorian will offer a viewing to the public on Saturday, September 17, 2016 from 2:30 p.m. – 7:30 p.m.
Mayor Harvey thanked everyone for the presentation and discussion.
Mayor’s Comments: Mayor Harvey commented that the Town had been through a lot of things in the last few weeks and it was nice to see this coming together. He also mentioned naming the Appomattox Community Park (Kiddie Park) after the late N. H. “Jimmy” Mayberry but has decided to dedicate a plaque in his memory at the pavilion area of the park.
2 Appomattox Town Council Regular Council Meeting September 12, 2016
Consent Agenda - On a motion by Mr. Conner, seconded by Ms. Spiggle, Council voted to adopt the consent agenda with the addition of NB #6 – Consideration to amend Chapter 195, Article VII, Section 56, Permitted Uses (20) Residential apartments provided they are located above the ground floor level in a building where the ground floor is used for another permitted use, with a conditional use permit, NB #7 – Consideration to approve the Conditional Use Permit application/request for Church and Main LLC, NB #8 – Consideration to approve the Conditional Use Permit application for Bays Trash Removal at the Latitude 37 Appomattox, LLC property. Vote: Garrett – aye, McDearmon – aye, Spiggle – aye, Finch – aye, Conner – aye, Puckette – aye. Motion carried 6-0.
Old Business – none
New Business – On a motion by Mr. Garrett, seconded by Ms. Finch, Council voted to issue a Conditional Use Permit for Latitude 37 Appomattox, for storage units with no conditions based upon the recommendation of the Town of Appomattox Planning Commission. Vote: Garrett – aye, McDearmon – aye, Spiggle – aye, Finch – aye, Puckette – aye, Conner – abstained: I, Steven T. Conner, will abstain from voting or participating in discussion on this petition due to having a personal interest in this transaction. I am disqualified from participating in this transaction pursuant to Subdivision A 1 of Section 2.2-3112 of the Code of Virginia. My interest is that I serve as the real estate agent for the property owner, Latitude 37 Appomattox LLC. My real estate business is known as Steven T. Conner Real Estate, 536 Court Street, Appomattox, Virginia. Motion carried 5-0.
Discussion of participation of Federal Land Access Program (FLAP) – Philipp Gabathuler and Kelly Hitchcock have been working on this project for the Town. Since the National Park joins the Town boundaries this appeared to be a grant opportunity for the Town, County and National Park Service. The Virginia Department of Transportation (VDOT) would submit the actual application. The Museum of the Confederacy would serve as the trail head. Mrs. Puckette asked what the trail would look like and Kelly responded that is will be a crush and run material, 10’ wide and a multi-use trail. The FLAP program needs a letter of support from the Town. Mr. Conner said the Town needs to get on board while we have the NPS as an advocate. Council would like to discuss this at the joint Town & County meeting on September 21, 2016. Kelly thanked Council as tonight’s meeting was for informational purposes.
Discussion of the Appomattox Railroad Depot – The Town has a planning grant with HDLA. Mr. Nathan Harbin, HDLA began the discussion of where Council left off several months ago by discussing the layout of the “depot” structure. An existing layout of the building was presented. Mainly wanted to come back and have a conversation around the building. The VIC occupies about 2000 square feet in the original freight room. One of the things we have talked about during the rehabilitation phase is to open the space back up for flexible event space, stage for events, etc. At this stage, cost is not
3 Appomattox Town Council Regular Council Meeting September 12, 2016
something to get into to. One of the things you gave us to look at as a priority was the Visitor’s Center as it is today and should it stay downtown. There is discussion to support locating the Visitor’s Center on the bypass but it is a sensitive subject. We have looked at a satellite visitor’s center in the other unused portion of the depot. There is opportunity to restore that area.
Mainly, we just wanted to come down and have a conversation about the structure.
There are 2 immediate priorities and the other areas are flexible at this stage. The immediate priorities are a Historic Structures Investigation Report and Stabilization of the building. The stabilization would prevent further deterioration. Some damage from the hidden gutter system. Some things need to be addressed before moving forward.
Don Pendleton, Real Estate appraiser and architectural historian in the Lynchburg area. Some time ago, he met with Mr. Gillespie and Mr. Elder to tour the structure. At that time there was a lot of community involvement to save and restore the historic structure. In thinking about this with HDLA, an important first step would be to do a Historic Structures Investigation Report. This would give a detailed analysis of the structure and investigate issues we are talking about and repairs. It establishes the point where you move forward. It is an important first step and will add value to the building no matter how you move forward. It is an important contribution to the property. The next step would be stabilization. In the report, you would be able to find out what those things are and how to address those things immediately. The report will help staff when looking for grants, etc. to help with the process/application.
Mr. Conner said he likes Nathan’s idea of gutting the building and opening it up to one big room. It will do more for businesses downtown when you have events then the way it is being used now. Leave the 2 bathrooms because they are handicap accessible. Make the rest of it a big room with a kitchen in it and usable for the public. It brings more people downtown. It would be used by the public at night and helps the downtown businesses. Any downtown or shopping center, the anchor is key. We need to listen to the last 2 reports that the visitors said we want something out here to help us find downtown. We either need to listen to them or don’t do the report. There is hysteria out here that if the Town moves the Visitor’s Center we will kill downtown business which it is actually the opposite. If you move it out you will help downtown.
Mr. Pendleton estimates it would take 2 to 3 months to receive a report from an architect or historical architect. Mr. Pendleton will provide an estimate cost for the report at the next Council work session. After the 1st report, the Town can decide if it wants to proceed with the second phase of the report.
Mr. Proctor Harvey, HDLA said it is important for Council to realize that we have a contract with you and we’ve been asked to go slowly. Our services have brought Don Pendleton, a structural engineer and that is part of what we have done to go through the entire building. The building is leaking now with every rain. You don’t know what is behind what you can’t see.
4 Appomattox Town Council Regular Council Meeting September 12, 2016
Mr. Nathan Harbin said this was to revisit this and come back at the work session and put together the floorplan, particularly of the freight room side.
1st step – the analysis of the condition of the building 2nd step – stabilization
Cost of the report? – Mr. Pendleton will get this by the work session. Mr. Harbin suggests putting together an RFP for the analysis/report. Mr. Conner said that HDLA has $15,000- $20,000 estimate for the report. Mr. Harvey said that number needs to be revisited.
Council directed Mr. Gabathuler to authorize Mr. Pendleton to proceed with gathering cost estimates of a Historic Structures Investigation Report for the depot building on Main Street.
Discussion of pursuing a Phase I Environmental Assessment of 1720 Confederate Blvd - Mr. Gabathuler advised Council of the results from the downtown revitalization survey consisting of 1720 Confederate Blvd as it has lots of potential. The Town’s EDA concurred with Mr. Gabathuler contacting the land owner regarding a Phase I and II Environmental Review. Mr. Gabathuler sent a letter to the property owner in hopes of determining their interest.
Mr. Gabathuler assured the Town Council that a Phase I Environmental Study does not cost a lot of money.
Mr. Conner stated that he would love to see this but not with other people’s money.
Ms. Spiggle asked if the Town were opening up a can of worms. What about other property such as Tiger Fuel or Brod Pack’s building?
Mr. Gabathuler said the idea through public planning is a primary target for potential, increasing the value of the property. He said that the EDA has not discussed purchasing the property. This is just an opportunity to find out something about the property, hopefully making it more valuable.
Ms. Puckette and Ms. Spiggle both said they would like to have known about this before the meeting. Neither one of them knew anything until after the letter had been sent to the property owner.
Mr. Gabathuler accepted responsibility for not putting this on Council’s radar prior to sending the letter. Council agrees to have Mr. Gabathuler pursue the study only if the grant from DEQ can be obtained.
On a motion by Mr. Garrett, seconded by Mr. Conner, Council voted to change the October 2016 Regular Council meeting to Monday, October 17, 2016 due to the Annual VML Conference. All members present voting aye. Motion carried.
5 Appomattox Town Council Regular Council Meeting September 12, 2016
On a motion by Mr. McDearmon, seconded by Ms. Puckette, Council voted to amend Chapter 195, Article VII, Section 56, Permitted Uses (20) Residential apartments provided they are located above the ground floor level in a building where the ground floor is used for another permitted use, with a conditional use permit. Roll call vote: Garrett – yes, McDearmon – yes, Spiggle – yes, Finch – yes, Conner – yes, Puckette – yes. Motion carried 6-0.
On a motion by Ms. Puckette, seconded by Mr. McDearmon, Council voted to approve the Conditional Permit application/request for Church and Main, LLC for an owner occupied residential unit on the 2nd floor and two (2) off street parking spaces reserved for them. Vote: Garrett – yes, McDearmon – yes, Spiggle – yes, Finch – yes, Conner – yes, Puckette – yes. Motion carried 6-0.
On a motion by Mr. Garrett, seconded by Ms. Spiggle, Council voted to approve the Conditional Use Permit for Bays Trash Removal at the Latitude 37 Appomattox, LLC property with the following conditions: 1. 2. 3. 4.
The maximum number of units shall be 40. A time limit on the permit shall be one year, to be reevaluated in one year. No waste will be dumped into the Town’s waste system. If there are any complaints the Zoning Administrator will respond to the complaint within 72 hours and Bays will have 7 days to respond to the Zoning Administrator. If it is determined that any waste has been dumped into the Town system, at their site, a fine will be levied by the Town of Appomattox.
5.
Vote: Garrett – aye, McDearmon – aye, Spiggle – aye, Finch – aye, Puckette – aye, Conner – abstained: I, Steven T. Conner, will abstain from voting or participating in discussion on this petition due to having a personal interest in this transaction. I am disqualified from participating in this transaction pursuant to Subdivision A 1 of Section 2.2-3112 of the Code of Virginia. My interest is that I serve as the real estate agent for the property owner, Latitude 37 Appomattox LLC. My real estate business is known as Steven T. Conner Real Estate, 536 Court Street, Appomattox, Virginia. Motion carried 5-0.
Town Manager’s Report: Mr. Gabathuler introduced the Town Treasurer, Sharon Layne.
The Kiddie Park (Appomattox Community Park) will be hydro seeded since there has been no rain. Steve Signworks has been contacted about new signage at the park. He is working on an estimate from Audio Tronics for camera equipment.
Smoke testing continues on the Town’s sewer system.
Citizen Comment Period – None
Council Concerns – None
*Ms. Finch left the meeting due to a medical issue.
6 Appomattox Town Council Regular Council Meeting September 12, 2016
On a motion by Mr. Garrett, seconded by Mr. McDearmon, 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, Finch – absent, Conner – yes, Puckette – yes.
The meeting was re-opened to the public.
Council Member McDearmon 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 Garrett and Council by the following recorded vote adopted the motion: Vote: Garrett – yes, McDearmon – yes, Spiggle – yes, Finch – absent, Conner – yes, Puckette – yes.
On a motion by Mr. Garrett, seconded by Mr. McDearmon, Council voted to adjourn at 10:35 p.m. Vote: Garrett – aye, McDearmon – aye, Spiggle – aye, Finch – absent, Conner – aye, Puckette – aye. Motion carried.
Roxanne W. Casto, MMC Clerk
Paul D. Harvey Mayor