December 06, 2018 Council Special Minutes

1 Appomattox Town Council

Special Call Council Meeting Thursday, December 6, 2018 – 5:00 p.m.

The Appomattox Town Council held a Special Call Council meeting on Thursday, December 6, 2018 at 5:00 p.m. at the Appomattox Municipal Building, 210 Linden Street, Appomattox, Virginia with Mayor Harvey presiding.

Members present: Jonathan D. Garrett, Mary Lou Spiggle, Timothy W. Garrett, Steven T. Conner and Claudia G. Puckette.

Absent: James Boyce, Sr.

Others present: Gary L. Shanaberger, Town Manager; Sam Vance, Attorney, Overbey, Hawkins & Wright, and Roxanne W. Casto, Clerk of Council.

Mayor Harvey called the Special Call Council meeting to order and stated the purpose of the Special Call Council meeting as a closed session.

Closed Session On a motion by Councilmember Conner, seconded by Councilmember J. Garrett, Council voted to convene in Closed Session, pursuant to §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 regarding specific legal matters requiring the provision or legal advice by such counsel, specifically being the claim arising from a sewer backup at 182 Virginia Avenue.

Vote: J. Garrett – yes, Boyce – absent, Spiggle – yes, T. Garrett – yes, Conner – yes, Puckette – yes.

The meeting was re-opened to the public.

Council Member J. 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 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 Council Member Conner and Council by the following recorded vote adopted the motion:

2 Appomattox Town Council

Special Call Council Meeting Thursday, December 6, 2018 – 5:00 p.m.

Vote: J. Garrett – yes, Boyce – absent, Spiggle – yes, T. Garrett – yes, Conner – yes, Puckette – yes.

On a motion by Council Member Conner, seconded by Council Member J. Garrett, Council voted approving the letter by the Virginia Municipal League Insurance Programs as presented and forwarding the letter to Thomas W. Lawson of Lawson & Beasley, Attorneys at Law. All members present voting aye. Motion carried 5-0.

On a motion by Council Member Conner, seconded by Council Member J. Garrett, Council voted to adjourn at 5:35 p.m. All members present voting aye. Motion carried 5-0.

Roxanne W. Casto, MMC

Paul D. Harvey, Mayor