1 Appomattox Town Council Regular Council Meeting October 10, 2017
The Appomattox Town Council held a Regular Council meeting on Tuesday, October 10, 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., M. Erin Finch, Steven T. Conner and Claudia G. Puckette. Mary Lou Spiggle arrived at 7:45 p.m.
Others present: Bill Jamerson, S. L. Ferguson, Marvin Mitchell, Linda Lipscomb, Derek Norfield, Alive Media TV; Frank A. Wright, Jr., Town Attorney; Robert Vogel; 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.
Derek Norfield gave the invocation and led the Pledge of Allegiance.
Public Appearances None
Mayor’s Comments Mayor Harvey reminded everyone of the 45th Annual Historic Appomattox Railroad Festival this weekend, October 14 & 15, 2017. He also thanked Mr. Bill Jamerson, who was in the audience, for all his assistance getting the Courtland Festival park ready for the weekend activities. The next issue coming up for the park will be the memorandum of understanding which Mayor Harvey, Mr. Shanaberger, Mr. Elder and Mrs. Adams will be working on together.
Consent Agenda On a motion by Ms. Finch, seconded by Mr. McDearmon, Council voted to adopt the consent agenda for October 10, 2017 with the addition of New Business #2 – Consideration to amend the Town of Appomattox, Greater Meadowlark Neighborhood Improvement Project, Housing Program Design, CIG #15-14as presented. All members present voting aye. Motion carried 5-0.
Mr. Mitchell, Chairman of the Town’s Planning Commission reconvened the Planning Commission meeting from October 5, 2017.
Unfinished Business On a motion by Mr. Garrett, seconded by Mrs. Puckette, 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, such matter being the legal interpretation of requirements of the sign ordinance as applied to the Chamber of Commerce’s pending application and as generally applicable.
Vote: Garrett – aye, McDearmon – aye, Spiggle – absent, Finch – aye, Conner – aye, Puckette – aye. Motion carried 5-0.
2 Appomattox Town Council Regular Council Meeting October 10, 2017
On a motion by Mr. Ferguson, seconded by Mrs. Lipscomb, the Planning commission 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 advice by such counsel, such matter being the legal interpretation of requirements of the sign ordinance as applied to the Chamber of Commerce’s pending application and as generally applicable.
Vote: Mitchell – aye, Ferguson – aye, Lipscomb – aye. Carson – absent. Motion carried 3-0.
The meeting was reopened to the public.
Town Council Member McDearmon made the following motion:
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
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 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 Town Council member Spiggle and the Town Council Commission by the following recorded vote adopted the motion:
Vote: Garrett – aye, McDearmon – aye, Spiggle – aye, Finch – aye, Conner – aye, Puckette – aye. Motion carried 6-0.
Planning Commission member Ferguson made the following motion:
WHEREAS, the Appomattox Town Planning Commission 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 the Town Planning Commission that such closed meeting was conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Appomattox Town Planning Commission 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
3 Appomattox Town Council Regular Council Meeting October 10, 2017
matters as were identified in the motion convening the closed meeting were heard, discussed, or considered by this council.
The motion was seconded by Planning Commission member Lipscomb and the Town Planning Commission by the following recorded vote adopted the motion:
Vote: Mitchell – aye, Ferguson – aye, Lipscomb – aye. Carson – absent. Motion carried 3-0.
New Business
On a motion by Mr. Conner, seconded by Ms. Puckette, Council voted to adopt an Ordinance of Vacation for the unopened portion of Autumn Lane consisted of property in the Town of Appomattox more particularly identified as “0.320 Ac.”, and a part of the opened portion of Autumn Lane consisted of property in such jurisdiction more particularly identified as “0.102 Ac.”, both of such parcels being shown upon a plat of survey entitled “Composite Boundary Survey, 5.322 Acres Total, Drawn for Jamerson Real Estate, Inc.,” made by Michael Ray Goin, L. S., dated May 12, 2017, revised August 21, 2017, and to be recorded in the Clerk’s Office of the Appomattox County Circuit Court (the “New Plat”).
Ordinance of Vacation
[Portion of Autumn Lane]
WHEREAS, by plat dated May 30, 1924 and recorded in the Appomattox County
Circuit Court Clerk’s Office in Deed Book 24, page 184, a thirty foot (30’) wide right of way now known as Autumn Lane was created, a portion of which was never opened as a road (the “Original Plat”);
WHEREAS, the unopened portion of Autumn Lane consisted of property in the Town of
Appomattox more particularly identified as “0.320 Ac.,” and a part of the opened portion of Autumn Lane consisted of property in such jurisdiction more particularly identified as “0.102 Ac.,” both of such parcels being shown upon a plat of survey entitled “Composite Boundary Survey, 5.322 Acres Total, Drawn for Jamerson Real Estate, Inc.” made by Michael Ray Goin, L.S., dated May 12, 2017, revised August 21, 2017, and to be recorded in the clerk’s office of the Appomattox County Circuit Court (the “New Plat”);
WHEREAS, the unopened portion of Autumn Lane as described above has never been
opened, and there is no further need for the unopened portion to be opened;
WHEREAS, there is no further need for the opened portion of Autumn Lane as
described above to remain open;
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 “0.320 Ac.” and as “0.102 Ac.” by Ordinance of Vacation in accordance with the provisions of Virginia Code Ann. Sec. 15.2-2272;
4 Appomattox Town Council Regular Council Meeting October 10, 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 road 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 all abutting properties are owned by Jamerson Real Estate, Inc., the title to the 0.320 acres and to the 0.102 acres shall be vested in Jamerson Real Estate, Inc.
NOW, THEREFORE, BE IT ORDAINED, that in accordance with the provisions of
Virginia Code Ann. Sec. 15.2-2272 the unopened portion of Autumn Lane, identified on the New Plat as “0.320 Ac.”, and that part of the opened portion of Autumn Lane identified on the New Plat as “0.102 Ac.,” shall be, and the same hereby are, 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 Autumn Lane 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, in Jamerson Real Estate, Inc.
The vote was:
Aye: Garrett, McDearmon, Spiggle, Finch, Conner, Puckette Nay: None Abstain: None
On a motion by Ms. Finch, seconded by Mr. Conner, Council voted to amend the Town of Appomattox, Greater Meadowlark Neighborhood Improvement Project, Housing Program Design, CIG #15-14. All members present voting aye. Motion carried.
On a motion by Mr. Garrett, seconded by Mr. Conner, Council voted to add NB #3 – To receive a recommendation of the Appomattox Town Planning Commission to deny the Conditional Use Permit application for an off-premise sign by the Appomattox County Chamber of Commerce. All members present voting aye. Motion carried.
5 Appomattox Town Council Regular Council Meeting October 10, 2017
On a motion by Mr. Conner, seconded by Mr. Garrett, Council voted to accept the recommendation of the Appomattox Town Planning Commission to deny the request of the Appomattox County Chamber of Commerce Conditional Use Permit for an off-premise sign. All members present voting aye. Motion carried.
Citizen Comment Period – none
Staff Report:
Mrs. Ray reported she is working to schedule the FY 2017 Annual Audit for the first
week of December 2017. She is also planning an upgrade/enhancement of the Logic Software for November/December 2017. She is preparing a financial update for Council at the October 24, 2017 Workshop meeting.
Mr. Elder discussed the need to have the Oakleigh Avenue and Cawthorne Street utility
line repairs properly engineered.
On a motion by Mr. Garrett, seconded by Mrs. Puckette, Council voted to approve
$18,000 for engineering services. All members present voting aye. Motion carried.
Mrs. Casto – none
Mr. Shanaberger reported on the following activities: - The Request for Proposals for the Depot are due on November 2, 2017. - The Kiddie Park bathroom design may need additional engineering costs for a site
plan to include the splash pad. Council provided consensus to pursue engineering and hold the bid package until the engineering is complete.
- Mr. Elder and Mr. Shanaberger met with representatives of Appomattox Christian
Academy to discuss the preliminary stages of the water line extension. - Received a request from Shentel for additional equipment at the water tower. - Received information from a local citizen witnessing a company taking water from a
fire hydrant without supervision.
- Has been contacted by a group who would like to hold car cruise in events on private
property in the Town.
- The pet waste stations are being evaluated by the Public Works Department.
Senator Mark Peake invited Council to attend a roundtable meeting on Monday, October 16, 2017 at 5:00 p.m. at the Appomattox County Board of Supervisors meeting room.
During the last 24-48 hours the Public Works Department has been dealing with
sewer line back-up and a water leak.
Council Concerns: Ms. Spiggle reminded everyone of the Appomattox Railroad Festival this weekend October 14 and 15, 2017.
Mrs. Puckette thanked the staff and Mr. Shanaberger for moving the Town forward.
6 Appomattox Town Council Regular Council Meeting October 10, 2017
On a motion by Mr. Garrett, seconded by Mr. McDearmon, Council voted to adjourn at 8:55 p.m. All members present voting aye. Motion carried 6-0.
Roxanne W. Casto, MMC Clerk of Council
Paul D. Harvey, Mayor