1 Appomattox Town Council Regular Council Meeting September 11, 2017
The Appomattox Town Council held a Regular Council meeting on Monday, September 11, 2017 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: Carlton Duck, Alive Media TV; Alexa Layne, Times Virginian; Nathan Simpson, Information Technology Technician; Frank A. Wright, Jr., Town Attorney; Jonathon Watson, Pastor at Bible Baptist Church; Kim Ray, Town Treasurer; Jeff Elder, Facilities Manager; Gary Shanaberger, Town Manager and Roxanne W. Casto, Clerk of Council.
Mayor Harvey called the meeting to order and welcomed all visitors.
Pastor Jonathon Watson gave the invocation and led the Pledge of Allegiance.
Public Appearances None
Mayor’s Comments Mayor Harvey stated he would like to add his comments during the Manager’s Report.
Consent Agenda On a motion by Mr. McDearmon, seconded by Mrs. Puckette, Council voted to adopt the consent agenda for September 11, 2017 as presented. All members present voting aye. Motion carried 6-0.
Unfinished Business None
New Business
On a motion by Mr. Conner, seconded by Mr. McDearmon, Council voted to convene in Closed Session, pursuant to Section 2.2-3711 (A) 8 of the Code of Virginia, 1950, as amended, for the purpose of consultation with legal counsel regarding specific legal matters requiring the provision of legal interpretation of requirements of the sign ordinance as applied to the Chamber of Commerce’s pending application.
Vote: Garrett – yes, McDearmon – yes, Spiggle – yes, Finch – yes, Conner – yes, Puckette – yes.
Whereas, the Appomattox Town Council 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
2 Appomattox Town Council Regular Council Meeting September 11, 2017
Whereas, Section 2.2-3712 of the Code of Virginia requires a certification by the 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 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 – 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 a Resolution Amendment to the Appropriations Resolution of the Appomattox Town Council adopting the Fiscal Year 2017-2018 Budget for the Town of Appomattox – Personal Property Tax Relief Rate.
AMENDMENT TO THE APPROPRIATIONS RESOLUTION OF THE APPOMATTOX TOWN COUNCIL ADOPTING THE FISCAL YEAR 2017-2018 BUDGET FOR THE TOWN OF APPOMATTOX, VA.
Amend Section IV:
BE IT FURTHER RESOLVED, in accordance with the requirements set forth in Section 58.1- 3524(C)(2) and Section 58.1-3912(E) of the Code of Virginia, as amended by Chapter 1 of the Acts of Assembly (2004 Special Session 1) and as set forth in Item 503.E (Personal Property Tax Relief Program) of Chapter 951 of the 2005 Acts of Assembly any qualifying vehicle sitused within the Town commencing January 1, 2017, shall receive personal property tax relief in the following manner:
• Personal use vehicles valued at $1,000 or less will be eligible for 100% tax relief; • Personal use vehicles valued at $1,001 to $20,000 will be eligible for 61.86% tax relief; • Personal use vehicles valued at $20,001 or more shall only receive 61.86% tax relief on
the first $20,000 of value; and
• All other vehicles which do not meet the definition of “qualifying” (business use vehicles, farm use vehicles, motor homes, etc.) will not be eligible for any form of tax relief under this program.
All members present voting aye. Motion carried 6-0.
On a motion by Ms. Spiggle, seconded by Ms. Finch, Council voted to transfer the Tar Wagon Sprayer from the surplus list to the Appomattox County Public Schools. All members present voting aye. Motion carried.
3 Appomattox Town Council Regular Council Meeting September 11, 2017
On a motion by Mr. Conner, seconded by Ms. Finch, Council voted to declare the list dated September 11, 2017 as surplus. Dixie Chopper 60” John Deere 318 Lawnmower 1998 Pickup bed (Dodge) Garage Door Enclosed Trailer Playground equipment: Merry-go-round 2 Slides Crawl through pipe Yogi bear see-saw 4-way see-saw
All members present voting aye. Motion carried 6-0.
On a motion by Mr. Garrett, seconded by Ms. Puckette, Council voted to adopt an Ordinance of Vacation for an unopened and unnamed alley running between Oakleigh Avenue and Lucy Street, parallel to Martha Street.
Ordinance of Vacation
[Unopened and unnamed alley running between Oakleigh Avenue and Lucy Street, parallel to Martha Street]
WHEREAS, by deed dated September 20, 1951 and recorded in the Appomattox County Circuit Court Clerk’s Office in Deed Book 64, page 422, D.A. Conner, Lois Conner, C.W. Smith and L. Cabell Smith, attempted to create an unnamed street or alley between their respective properties (the “Original Deed”);
WHEREAS, the unnamed street or alley consisted of property in the Town of
Appomattox more particularly identified as “Parcel 1” containing 0.084 acre, “Parcel 2” containing 0.00086 acre, “Parcel 3” containing 0.023 acre, “Parcel 4” containing 0.064 acre, and “Parcel 5” containing 0.044 acre, all as shown upon a plat of survey entitled “Plat of Survey, Alley Abandonment, 5 Parcels Surveyed for: Town of Appomattox, Deed Book 64 Page 422, Appomattox County, Virginia” made by George E. Welch, L.S., dated April 25, 2016, and to be recorded in the clerk’s office of the Appomattox County Circuit Court (the “New Plat”), which area remains an unnamed and unopened alley;
WHEREAS, said alley has never been opened, and there is no further need for the
unopened alley to be opened;
WHEREAS, it is the desire of the Town of Appomattox, acting by and through its Town Council, to vacate that portion of the New Plat identified as Parcels 1, 2, 3, 4 and 5 by Ordinance of Vacation in accordance with the provisions of Virginia Code Ann. Sec. 15.2-2272;
4 Appomattox Town Council Regular Council Meeting September 11, 2017
WHEREAS, the effect of such vacation shall be to vest such title as the Town of Appomattox may possess to the centerline of such unopened alley 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 0.084 acre, more or less, shall be added to T.M. No. 64A6 1 D owned
by the Martha H. Conner estate;
Parcel 2 containing 0.00086 acre, more or less, shall be added to T.M. No. 64A6 1 D 8
owned by Robert G. Harris and Sharon G. Harris;
Parcel 3 containing 0.023 acre, more or less, shall be added to T.M. No. 64A6 1 D 8
owned by Robert G. Harris and Sharon G. Harris;
Parcel 4 containing 0.064 acre, more or less, shall be added to T.M. No. 64A6 1 D 1
owned by John R. Roach and Louise B. Roach;
Parcel 5 containing 0.044 acre, more or less, shall be added to T.M. No. 64A6 1 E owned
by Joy Beverly Bagby;
NOW, THEREFORE, BE IT ORDAINED, that in accordance with the provisions of
Virginia Code Ann. Sec. 15.2-2272 that portion of the unopened and unnamed alley running between Oakleigh Avenue and Lucy Street, parallel to Martha Street, identified on the New Plat as “Parcel 1” containing 0.084 acre, “Parcel 2” containing 0.00086 acre, “Parcel 3” containing 0.023 acre, “Parcel 4” containing 0.064 acre, and “Parcel 5” containing 0.044 acre, shall be, and the same hereby is, vacated, a public hearing thereon having been duly advertised in accordance with the provisions of Virginia Code Ann. Sec. 15.2-2204;
BE IT FURTHER ORDAINED, that a certified copy of this Ordinance of Vacation
shall be recorded after the expiration of thirty (30) days from the date hereof, unless appealed to the Circuit Court for the County of Appomattox, Virginia, and thereafter if this Ordinance of Vacation is affirmed by said Court, in the Clerk’s Office of the Circuit Court of Appomattox County, Virginia;
BE IT FURTHER ORDAINED, that in accordance with the provisions of Virginia Code Ann. Sec. 15.2-2274, the recordation of this Ordinance of Vacation as required in the preceding paragraph shall operate to destroy the force and effect of any previously created boundary lines of that portion of the unnamed and unopened alley so described above and so vacated and to vest such title as the Town of Appomattox may possess 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 0.084 acre, more or less, shall be added to T.M. No. 64A6 1 D owned
by the Martha H. Conner estate;
Parcel 2 containing 0.00086 acre, more or less, shall be added to T.M. No. 64A6 1 D 8
owned by Robert G. Harris and Sharon G. Harris;
Parcel 3 containing 0.023 acre, more or less, shall be added to T.M. No. 64A6 1 D 8
owned by Robert G. Harris and Sharon G. Harris;
5 Appomattox Town Council Regular Council Meeting September 11, 2017
Parcel 4 containing 0.064 acre, more or less, shall be added to T.M. No. 64A6 1 D 1
owned by John R. Roach and Louise B. Roach;
Parcel 5 containing 0.044 acre, more or less, shall be added to T.M. No. 64A6 1 E owned
by Joy Beverly Bagby;
The vote was:
Aye: Garrett, McDearmon, Spiggle, Finch, Puckette Nay: None Abstain: Conner
Motion carried 5-0-1.
There was a discussion of the Downtown Christmas event on December 2, 2017. Mayor Harvey stated that this item needs some clarity. The first item is a waiver for food vendors from licensing requirements. The second item is trash/garbage collection the day of the event. Lastly, there is a request for porta johns/bathrooms.
On a motion by Ms. Spiggle, seconded by Mrs. Puckette, Council voted to waive the food vendor fees for the Downtown Christmas event on December 2, 2017. All members present voting aye. Motion carried.
Mayor Harvey reported that he has spoken with Republic Services regarding the donation of the carboard trash boxes for the event and he has a donor for the trash bags. Republic Services will work on a quote for trash services.
The Town will determine if the porta johns in Abbitt Park will be sufficient for the event.
Staff Report:
Mrs. Ray reported that she and other Town Employees received financial software training and she is implementing the use of another component of the program – Purchase Orders.
Mrs. Casto – none
Mr. Shanaberger reported on the following: - The bid proposal packages for the restrooms at the Kiddie Park should be ready next
week.
- Mr. Wright, Town Attorney would like to begin working now on any legislative
recommendations for the next General Assembly session.
- Senator Mark Peake will meet with Town and County officials on Monday, October
16, 2017.
- Mr. Elder reported to him that the screw pump at the Trickling Filter Plant is down
but service is online.
- He will be providing the ESRI report to the EDA at their meeting tomorrow night,
September 12, 2017. The meeting is open to the public.
6 Appomattox Town Council Regular Council Meeting September 11, 2017
Citizen Comment period – none
Council Concerns: Mr. Conner reported that Blue Ridge Medical needs a letter of support for a funding agency and could possibly need $2000 towards a water and sewer connection.
On a motion by Mr. Garrett, seconded by Ms. Spiggle, Council voted to authorize Mayor Harvey to send a letter of support for Blue Ridge Medical and authorized the Town Economic Development Authority to potentially offer an incentive for water and sewer infrastructure improvements. Motion carried 5-0-1. Conner abstaining.
Mrs. Puckette reminded everyone of the Town Picnic on Thursday, September 21, 2017 from 6:00 p.m. – 8:00 p.m. at Abbitt Park.
Ms. Finch thanked everyone for their prayers and concerns during her father’s illness.
On a motion by Mr. Conner, seconded by Mr. Garrett, Council voted to adjourn at 8:45 p.m. All members present voting aye. Motion carried 6-0.
Roxanne W. Casto, MMC Clerk of Council
Paul D. Harvey, Mayor