November 26, 2019 Council Workshop Minutes

1 Appomattox Town Council

Workshop Meeting November 26, 2019

The Appomattox Town Council held a Workshop meeting on Tuesday, November 26, 2019 at 6:00 p.m. at the Appomattox Municipal Building, 210 Linden Street, Appomattox, Virginia with Mayor Harvey, presiding.

Town Council members present were Jonathan D. Garrett, James J. Boyce, Sr., Mary Lou Spiggle, Timothy W. Garrett, Steven T. Conner and Claudia G. Puckette.

Staff members present were Jeff Elder, Facilities Director, Kim Ray, Treasurer; Gary Shanaberger, Town Manager and Roxanne Casto, Clerk.

Mayor Harvey called the Workshop meeting to order.

Mayor Harvey reminded those present of the Lighting Ceremony at the Courtland Festival Park on Sunday, December 1, 2019 at 5:00 p.m.

On a motion by Mr. Timothy Garrett, seconded by Mr. Boyce, Council voted to add item #2A to the agenda – Discussion and consideration of adopting a Resolution of Support for the Second Amendment of the United States of America. All members present voting aye. Motion carried.

Mr. Garet Rouzer with Dalgleish Gilpin Paxton Architects appeared before Council to discuss the most recent (11.22.2019) drawings of the Appomattox Depot. After much discussion, Mr. Rouzer will work to repair and restore the depot, a phased plan, working on the exterior and then the interior.

On a motion by Mr. Jonathan Garrett, seconded by Ms. Spiggle, Council voted to table the layout of the Appomattox Depot until further discussion at the Council Retreat (date to be determined). All members present voting aye. Motion carried 6-0.

Resolution - Second Amendment Sanctuary

RESOLUTION OF TOWN OF APPOMATTOX TOWN COUNCIL

WHEREAS, the Second Amendment of the United States Constitution reads: "A well-

regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed," and,

WHEREAS, Article 1, Section 13, of the Constitution of Virginia provides "that a well- regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power;" and,

WHEREAS, certain legislation introduced in the 2019 session of the Virginia General

Assembly, and certain legislation introduced in the current session of the United States

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Workshop Meeting November 26, 2019

Congress could have the effect of infringing on the rights of law abiding citizens to keep and bear arms, as guaranteed by the Second Amendment of the United States Constitution; and,

WHEREAS, the current Governor of Virginia has stated that he intends to endorse and

pass into law legislation that is unconstitutional as it pertains to the rights enumerated in the US & Virginia Constitution.

WHEREAS, the Appomattox Town Council is concerned about the passage of any bill

containing language which could be interpreted as infringing the rights of the citizens of the Town of Appomattox to keep and bear Arms or could begin a slippery slope of restrictions on the Second Amendment rights of the citizens of The Town of Appomattox, and,

WHEREAS, the Appomattox Town Council wishes to express its deep commitment to the

rights of all citizens of the Town of Appomattox to keep and bear Arms; and,

WHEREAS, the Appomattox Town Council wishes to express opposition to any law that

would unconstitutionally restrict the rights under the Second Amendment of the citizens of the Town of Appomattox to bear arms; and,

WHEREAS, the Appomattox Town Council wish to express its intent to stand as a

Sanctuary County for Second Amendment rights and to oppose, within the limits of the Constitutions of the United States and the Commonwealth of Virginia, any efforts to unconstitutionally restrict such rights, and to use such legal means at its disposal to protect the right of the citizens to keep and bear arms, including through legal action, the power of appropriation of public funds, and the right to petition for redress of grievances, and the direction to the law enforcement and judiciary of the Town of Appomattox to not enforce any unconstitutional law.

NOW, THEREFORE, BE IT RESOLVED BY THE APPOMATTOX TOWN

COUNCIL, APPOMATTOX, VIRGINIA:

That the Appomattox Town Council hereby expresses its intent to uphold the Second

Amendment rights of the citizens of the Town of Appomattox, Virginia and its intent that public funds of the Town not be used to restrict Second Amendment rights or to aid in the unnecessary and unconstitutional restriction of the rights under the Second Amendment of the citizens of the Town of Appomattox, Virginia to bear arms; and

That the Town Council hereby declares its intent to oppose unconstitutional restrictions on the right to keep and bear arms through such legal means as may be expedient, including without limitation court action; and,

That the Town Council hereby declares the Town of Appomattox, Virginia, as a "Second Amendment Sanctuary,"

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Workshop Meeting November 26, 2019

CERTIFICATION OF ADOPTION OF RESOLUTION

The undersigned Clerk of Council of the Town of Appomattox, Virginia hereby certifies that the Resolution set forth above was adopted during an open meeting on November 26, 2019, by the Town Council with the following votes: Aye: J. Garrett, J. Boyce, M. Spiggle, T. Garrett, S. Conner, C. Puckette. Nay: None Abstentions: None Absent: None Signed this day of November 26, 2019


Roxanne Casto, Clerk Appomattox Town Council

Request for Community Funding Assistance On a motion by Mr. Jonathan Garrett, seconded by Ms. Spiggle, Council voted to adopt the Request for Community Funding Assistance Policy with a deadline for submission of March 1, 2020. All members present voting aye. Motion carried 6-0.

Resolution – Resettlement of Refugees

RESOLUTION OF THE TOWN OF APPOMATTOX TOWN COUNCIL

WHEREAS, the executive order # 13888 issued by President Donald J. Trump

regarding the resettlement of refugees gives states and localities consideration to be respectful of those communities that may not be able to accommodate refugee resettlement; and,

WHEREAS, certain legislation introduced in the 2019 session of the Virginia General Assembly, and certain legislation introduced in the current session of the United States Congress could have the effect of financially straining local government, taxpayers, law enforcement, and healthcare facilities; and,

WHEREAS, the current Governor of Virginia has stated that he intends to welcome

more Refugees into the Commonwealth of Virginia.

WHEREAS, the Appomattox Town Council is concerned about the resettlement of refugees in our municipality and any adverse effects that may cause economically in our community; and,

WHEREAS, the Appomattox Town Council wishes to express its deep fiscal commitment

to the Taxpayers of this Town; and,

WHEREAS, the Appomattox Town Council wishes to express opposition to any

refugee resettlement; and,

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Workshop Meeting November 26, 2019

WHEREAS, the Appomattox Town Council wishes to express its refusal to become a

Refugee Sanctuary locality, within the limits of the Constitutions of the United States.

NOW, THEREFORE, BE IT RESOLVED BY THE APPOMATTOX TOWN

COUNCIL, APPOMATTOX, VIRGINIA:

That the Appomattox Town Council hereby expresses its intent to refuse becoming a

Refugee Sanctuary.

CERTIFICATION OF ADOPTION OF RESOLUTION The undersigned Clerk of Council of the Town of Appomattox, Virginia hereby certifies that the Resolution set forth above was adopted during an open meeting on November 26, 2019, by the Town Council with the following votes: Aye: J. Garrett, J. Boyce, M. Spiggle, T. Garrett, S. Conner, C. Puckette Nay: Abstentions: Absent: Signed this day of November 26, 2019

Roxanne Casto, Clerk Appomattox Town Council

On a motion by Mr. Boyce, seconded by Mr. Conner, Council voted to return the $72,000 originally appropriated for the Federal Lands Access Program (FLAP) project to the FY 2020 Budget for the Town of Appomattox as unspent as the FLAP project will not be moving forward. All members present voting aye. Motion carried 6-0.

Staff Reports: Mrs. Kim Ray, Town Treasurer provided the financial report as of October 2019.

Mr. Jeff Elder, Facilities Director – None

Mrs. Roxanne Casto, Clerk – None

Mr. Gary Shanaberger requested input from Council regarding a Council Retreat possibly in January or February 2020 and consideration of a Financial Analyst to determine how much debt the Town can carry.

Mr. Shanaberger updated Council on the following:

➢ Greater Meadowlark CDBG project is nearly complete. ➢ The Trickling Filter Plant/Force Main project is moving along well now. The project is

expected to be advertised in January 2020.

➢ Design of the Church Street waterline replacement project is nearly complete. ➢ The Department of Housing and Community Development Grant Workshop was held last

week. Mr. Shanaberger and Roxanne Casto attended.

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Workshop Meeting November 26, 2019

➢ The Town Planning Commission will meet on Tuesday, December 3, 2019 at 6:00 p.m. to begin finalizing the goals and objectives of the Town Comprehensive Plan with more focus on the infrastructure.

➢ The ROSE Project, Inc. committee will meet on Monday, December 9, 2019 at 6:00 p.m. ➢ Mr. Shanaberger and Mr. Boyce will be attending a meeting with the Virginia

Department of Transportation and Appomattox County Public Schools regarding school traffic.

➢ The tree lighting ceremony will take place at the Courtland Festival Park on Sunday,

December 1, 2019 at 5:00 p.m.

Committee Reports: None

Council Concerns: Mr. Timmy Garrett informed Council of the day of “Community Service” performed by the students at the Appomattox County High School today, November 26, 2019. Mr. Jonathan Garrett further explained the project.

On a motion by Mrs. Puckette, seconded by Mr. Conner, Council voted to adjourn at 7:40 p.m. All members present voting aye. Motion carried.

Roxanne W. Casto, MMC Clerk of Council

Paul D. Harvey, Mayor