1 Appomattox Town Council Regular Council Meeting April 12, 2021
The Appomattox Town Council held a Regular Council meeting on Monday, April 12, 2021 at 7:00 p.m. at the Appomattox Municipal Building, 210 Linden Street, Appomattox, Virginia with Mayor Richard Conner, presiding.
Council members present – Aaron Tilton, Nathan A. Simpson, Mary Lou Spiggle, Timothy W. Garrett, Claudia G. Puckette and James J. Boyce.
Others present – Carlton Duck, Alive Media TV; Robin Snyder, Superintendent, National Park Service; Alan and Laura Briceland, Charles and Talia Clusman, George Huffman, Matt Sampier, Crissy Sampier, Louis Scicli, Donnie Simpson, Jonathan Garrett, Sarah Conner, JT Conner, Sharon Conner, Jeff Elder, Facilities Director; Gary Shanaberger, Town Manager; Kim Ray, Treasurer; and Roxanne W. Casto, Clerk of Council.
The meeting was also broadcast Live on the Town of Appomattox Facebook page and public phone participation through FreeConferenceCall.com was available.
Mayor Conner called the meeting to order and welcomed the visitors.
Public Hearing Mayor Conner opened the public hearing by reading the purpose:
The purpose of this hearing is to give notice of the Town of Appomattox’s intent to apply for USDA Rural Development funds to assist in the replacement of approximately 6,225 linear feet of 4” water line and 8” water line along Church Street, Confederate Boulevard, Red House Road, and Morris Avenue. Additionally, the Appomattox Town Council will consider a Resolution of Governing Body support for the above-mentioned project. Comments regarding economic and environmental impacts, service area, alternatives to the project issues are encouraged.
All interested citizens of the Town of Appomattox are encouraged to attend should they have comments they would like to present to the Town Council regarding their intent to apply for USDA funding assistance. For additional information please contact Gary L. Shanaberger at 434-352-8268 or gshanaberger@appomattoxva.gov.
There were no public comments.
Mayor Conner closed the public hearing.
Rev. Carlton Duck, Pastor of the Gethsemane Baptist Church led the prayer and the Pledge of Allegiance to the Flag of the United States of America.
Mayor’s Comments: Mayor Conner took a moment to remember his father Thomas Conner as his birthday would have been April 15th. Mr. Conner served on the Appomattox Town Council as did the Mayor’s brother, Steve Conner.
2 Appomattox Town Council Regular Council Meeting April 12, 2021
Mayor Conner also read the following Arbor Day Proclamation:
TOWN OF APPOMATTOX ARBOR DAY PROCLAMATION
WHEREAS,
in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and
WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a
million trees in Nebraska, and
WHEREAS, Arbor Day is now observed throughout the nation and the world, and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating
and cooling costs, moderate the temperate, clean the air, produce life-giving oxygen, and provide habitat for wildlife, and
WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our
fire and countless other wood products, and
WHEREAS, trees increase property values, enhance the economic vitality of business areas,
and beautify communities, and
WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal.
NOW, THEREFORE, I, Richard C. Conner, Mayor of the Town of Appomattox, do hereby
recognize the 30th day of April 2021 (the last Friday in April) as our Annual Arbor Day celebration and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and
FURTHER, I urge all citizens to plant trees to gladden the heart and promote the well-being of
this and future generations.
Dated this day of
Mayor
3 Appomattox Town Council Regular Council Meeting April 12, 2021
Scheduled Public Appearances: Louis Scicli, candidate for the House of Delegates, 59th District, appeared before Council to introduce himself and his candidacy.
Honorable Donald Simpson, Sheriff, Appomattox County appeared before Council to provide a quarterly update of the activities of the Sheriff’s Office.
Jonathan Garrett appeared before Council to provide an update on the 4th of July fireworks (July 3rd) activities. Along with the support of Liberty Baptist Church, a touch-a-truck event with mobile food vendors in being planned on the park property owned by Liberty Baptist Church on Lee Grant Avenue near the Town’s Kiddie Park. Mr. Garrett requested consideration of the Town to waive the Mobile Food Truck free for the non-profit event.
Crissy Sampier, owner of Blended Soul appeared before Council to request revisiting the Town Code section in general for Food Truck establishments.
Adoption of the Consent Agenda: On a motion by Mr. Simpson, seconded by Ms. Spiggle, Council voted to approve the consent agenda for April 12, 2021 as presented. All members voting aye. Motion carried 6-0.
Unfinished Business: None
New Business: Mr. Dave Douglas, Viewpoint Project called into the meeting to provide a brief presentation to the Council regarding the potential filming of a segment on Appomattox for public TV at a cost of approximately $27,900. After a brief exchange of dialogue, the Council directed Mr. Douglas to contact Experience Appomattox for possible involvement in the project.
4 Appomattox Town Council Regular Council Meeting April 12, 2021
On a motion by Mrs. Puckette, seconded by Ms. Spiggle, Council voted to approve a Loan Resolution – RUS Bulletin 1780-27 Church Street Waterline Replacement project:
5 Appomattox Town Council Regular Council Meeting April 12, 2021
All members presenting voting aye. Motion carried 6-0.
6 Appomattox Town Council Regular Council Meeting April 12, 2021
On a motion by Mrs. Puckette, seconded by Mr. Tilton, Council voted to adopt a Resolution of Governing Body of the Town of Appomattox authorizing the Town Manager to execute agreements for the United States Department of Agriculture (USDA) for the Church Street Waterline Replacement project:
All members present voting aye. Motion carried 6-0.
7 Appomattox Town Council Regular Council Meeting April 12, 2021
On a motion by Mr. Garrett, seconded by Mr. Simpson, Council voted to adopt an Ordinance to Amend and Reenact the Code of the Town of Appomattox, Chapter 126, thereof, entitled Licensing, by amending §126-16 F (3) Operation requirements:
AN ORDINANCE TO AMEND AND REENACT the Code of the Town of Appomattox, Chapter 126, thereof, entitled Licensing, by amending §126-16 F (3) Operation requirements.
Be it ordained by the Council of the Town of Appomattox as follows:
Section 1. Chapter 126-16 F (3) - Operation requirement, of the Code of the Town of Appomattox is hereby amended to read as follows:
§126-16 – Licensing
F. Operation requirements.
(3) Two picnic tables with umbrellas with seating capacity of six people per table may be set up
for patrons' use. No tents or additional chairs are permitted. With approval of the Administrator, Mobile Food Units that are owned and operated on private property, when such real property is owned by the mobile food unit operator, may have additional tables, not to exceed 6.
Section 2. Effective Date.
ENACTED AND ORDAINED THE day of , 2021. This ordinance shall become effective _.
All members present voting aye. Motion carried 6-0.
On a motion by Mr. Garrett, seconded by Mrs. Puckette, Council voted to re-enact an Ordinance to Establish Emergency Procedures ending October 13, 2021:
AN ORDINANCE TO RE-ENACT THE ESTABLISHMENT OF EMERGENCY PROCEDURES FOR THE CONTINUITY AND OPERATION OF THE GOVERNMENT OF THE TOWN OF APPOMATTOX FOR THE DURATION OF THE COVID-19 PANDEMIC
WHEREAS, on March 12, 2020, the Governor of the Commonwealth of Virginia, in
Executive Order Number Fifty-One declared a state of emergency and disaster within the Commonwealth of Virginia pursuant to Code of Virginia Section 44-146.16 of the Code of Virginia; and,
WHEREAS, on March 19, 2020, the Mayor of the Town of Appomattox declared a local
emergency; and,
8 Appomattox Town Council Regular Council Meeting April 12, 2021
WHEREAS, on April 13, 2020; September 14, 2020 and April 12, 2021, the Appomattox
Town Council met electronically, pursuant to Section 2.2-3708.2 of the Code of Virginia, and adopted a resolution ratifying the emergency declaration, and therein made a finding that due to the severe existing and likely impact of the COVID-19 pandemic on the Town of Appomattox, there now exists a disaster in the Town of Appomattox; and,
WHEREAS, the impacts to public health, the Town’s economy, and the operation of the
Town government are likely to be protracted, lasting potentially several months; and,
WHEREAS, there are actions which must be taken by the Town of Appomattox in the
next several months which will, by law, require the action of the Town Council, and currently it is unsafe for physical meetings to occur in order to conduct normal, required business operations; and,
WHEREAS, Section 15.2-1413 of the Code of Virginia (1950) as amended, provides that
“notwithstanding any contrary provision of law, general or special, any locality, may, by ordinance, provide a method to assure continuity in its government, in the event of an enemy attack or other disaster. Such ordinance shall be limited in its effect to a period not exceeding six months after any such enemy attack or disaster and shall provide for a method for the resumption of normal governmental authority by the end of the six-month period (emphasis added)”; and,
WHEREAS, Section 2.2-3708.2 of the Code of Virginia provides for electronic meetings in the event of an emergency but does not currently extend the authority for electronic meetings to issues not involving the emergency. Given the likely duration of this disaster, meetings of the Town Council and other Authorities, Boards, and Commissions must be held in the interim for the continuity and continuing operation of the functions of the Town’s government, including but not limited to the adoption of the Town’s budget; and,
WHEREAS, give the severe limitations on the gathering of people during the COVID-19
pandemic, which gathering is necessary and required for many essential tasks of the Town government, as well as to fulfill the necessary obligations of the Town to its residents and businesses, the Town Council finds it necessary to provide, by ordinance, a method of transacting necessary public business during the disaster without the physical attendance or gathering of people during the duration of the COVID-19 disaster.
THEREFORE, it is hereby ORDAINED pursuant to Section 15.2-1413 of the Code of
Virginia; the following emergency measures are ADOPTED by the Appomattox Town Council:
- The Appomattox Town Council shall meet electronically until such time as it is safe
for the public to physically attend meetings and the Town’s public buildings are reopened, as evidenced by a declaration of the Governor of Virginia that the emergency in the Commonwealth of Virginia has ended. A quorum of Town Council must participate in the electronic meeting in order to conduct business. Meetings shall be conducted in an electronic format which allows and enables citizens to both observe and participate in said meetings electronically. Due to the
9 Appomattox Town Council Regular Council Meeting April 12, 2021
closure of public buildings, meeting notices and agendas shall be posted on the Town’s website only. All other meeting requirements of the Virginia Freedom of Information Act shall be met. Instructions regarding how citizens may observe and participate in meetings shall be maintained on the Town’s website; and,
- Other Town Authorities, Boards, and Commissions may meet electronically as
necessary pursuant to the requirements of Section 1 above. A quorum must participate in the electronic meeting to conduct business.
- Public hearings may be conducted electronically, provided the meeting meets the
requirements of Section 1 above. Public hearing notices shall be published in a newspaper with general local circulation as required by the Code of Virginia, and information regarding electronic participation shall be provided in the notice. The Town Manager shall have the sole discretion to proceed with a public hearing pursuant to this Section 3 or a public meeting pursuant to Section 4 or postpone the action until the emergency declaration is lifted.
- Any other public meeting which is required pursuant to law, including but not limited
to the Virginia Public Procurement Act, or any other law of the Commonwealth of Virginia, or the Code of the Town of Appomattox, shall be held electronically, and meeting participants shall be provided direction for how to participate in the meeting prior to the start of the meeting. The provisions of this ordinance shall expire upon declaration by the Governor of Virginia that the emergency in the Commonwealth is ended, or October 13, 2021, whichever is earlier.
This ordinance shall take effect immediately upon its adoption.
Adopted: __
Mayor
Attest: __ Clerk
All members present voting aye. Motion carried 6-0.
Council Standing Committee Reports: Council received a letter from Sara Conner for consideration/discussion of an ordinance to allow chickens in Town. Council provided consensus to add this item to the April 27, 2021 Workshop Agenda for discussion.
Mr. Boyce thanked Miss Conner for coming out tonight.
Ms. Spiggle reported that the Physical Development Committee and Finance & Planning Committee of the Town Council met jointly today to continue the FY 2022 Budget discussions.
10 Appomattox Town Council
Regular Council Meeting April 12, 2021
On a recommendation by Ms. Spiggle, Council voted to approve an increase in funding for Rev. Duck, Alive Media TV from $575.00 per month to $750.00 per month beginning with the FY 2022 budget. All members present voting aye. Motion carried 6-0.
Citizens Comment Period: Laura Briceland, Iceland’s – Thank you for allowing/approving additional picnic tables for Mobile Food Establishments. The fireworks on July 3rd, 2020 was a significant day for us. She would like for council to consider small businesses and not waive the food truck fees for the one- day event.
Crissy Sampier – Inquired about food truck vendors for the Railroad Festival as she has applied but has not heard back from anyone. Council directed Ms. Sampier to the Railroad Festival Board of Directors, as the Town only provides a yearly donation to the event.
Town Manager Updates – Mr. Shanaberger provided an update on the following activities:
➢ Appomattox Downtown Revitalization project continues and he is hopeful to have
everyone under contract within the next 30-60 days. The branding and marketing request for proposals (RFP) are due April 13, 2021.
➢ United States (US) Cellular will begin construction on the cell tower in May-June 2021.
The cell tower will be located on Founders Lane.
Council Comments – Mrs. Puckette has a list but would like to yield until the financial analyst is complete. She would like to put $1,000,000 from savings to the depot repairs. She thanked the Public Works department for the gutter repairs. There is a lot of rot on the back side of the depot.
Mr. Tilton – Thanked everyone who came out today. Citizen input and participation is how you get things done. Keep bringing all your friends and family.
Ms. Spiggle – Agreed with Mr. Tilton. In Lynchburg, the Small Business Alliance, is a group that businesses belong to and the SBA goes to City Council with business concerns. She also agrees with Mrs. Puckette. She is on the committee for the downtown project and the depot needs our attention. It is sturdy and sound but it needs to be work on.
Mr. Boyce – none
Mr. Garrett – none
Mr. Simpson – Agrees with Ms. Spiggle and Mrs. Puckette about the depot. Fast forward, the video front, could we send this item to the Appomattox Tourism Committee? Next, the Courtland Festival Park was recently stone slurred on the walking path. Lastly, can the Town plant a tree in honor of Arbor Day?
11 Appomattox Town Council
Regular Council Meeting April 12, 2021
Adjournment: On a motion by Mr. Garrett, seconded by Mr. Simpson, Council voted to adjourn the meeting at 9:20 p.m. All members present voting aye. Motion carried 6-0.
Roxanne W. Casto Clerk of Council
Richard C. Conner, Mayor