January 09, 2023 Council Regular Minutes

1 Appomattox Town Council Regular Council Meeting January 9, 2023

The Appomattox Town Council held a Regular Council meeting on Monday, January 9, 2023 at 6:30 p.m. at the Appomattox Municipal Building, 210 Linden Street, Appomattox, Virginia with Mayor Conner presiding.

Members present: Jane T. Allen, James J. Boyce, Sr., Timothy W. Garrett, Claudia G. Puckette, Mary Lou G. Spiggle.

Absent: Nathan A. Simpson

Others: Steven Boyer, President, Appomattox County Chamber of Commerce; Don Wilk, Rev. Carlton Duck, Calvin Poteat, D’Michael Jordan, Frank A. Wright, Jr., Town Attorney; Kim Ray, Treasurer; R. Terry McGhee, Town Manager and Roxanne W. Casto, Clerk of Council.

Mayor Conner called the meeting to order and welcomed the visitors.

Reverend Duck led the Prayer and Pledge of Allegiance to the Flag of the United States of America.

Mayor’s Comments: Welcomed the beginning of a new year in Appomattox. A new company, Virginia Metal Fab was welcomed to Town at the end of 2022 and he is proud of the products being made in our hometown.

Scheduled Public Appearances:

  1. Mr. Calvin Poteat and Mr. D’Michael Jordan appeared before Council to request

approval for opening a skilled gaming facility in the Triangle Plaza shopping center. The skilled gaming machines are like those already located in gas stations. The difference between his request and the machines located in the gas stations/convenience stores is that the machines are secondary to their main business. The skilled gaming machines Mr. Poteat is proposing would be the primary business. The Town Code does not allow this type of activity as the primary business.

Town Council thanked Mr. Poteat and Mr. Jordan for the presentation of the request. Mr. McGhee will follow up with Mr. Poteat and Mr. Jordan.

  1. Mr. Steven Boyer, President, Appomattox County Chamber of Commerce appeared before Council to introduce himself. In this next year, he plans to revamp the tools, resources, and training opportunities.

Mayor Conner asked how many businesses are Chamber members? Mr. Boyer replied 97 businesses. Mr. Boyer also mentioned that the Chamber Office is currently located at his home and the home of Whitney Napier, Office Manager.

2 Appomattox Town Council Regular Council Meeting January 9, 2023

Adoption of the Consent Agenda: On a motion by Mr. Boyce, seconded by Mrs. Puckette, Council voted to approve the consent agenda for January 9, 2023 as presented. All members present voting aye. Motion carried 5-0.

Unfinished Business: none

New Business Ms. Spiggle nominated Mr. Garrett as Vice-Mayor of the Town Council. Mayor Conner closed the nominations as no other nominations were received. Mayor Conner called for the vote. All members present voting aye. Motion carried 5-0.

On a motion by Ms. Puckette, seconded by Mr. Garrett, Council voted to adopt the 2023 Town Council meeting schedule. All members present voting aye. Motion carried 5-0.

On a motion by Mrs. Puckette, seconded by Mr. Garrett, Council voted to appoint Jim Boyce to the Town of Appomattox Planning Commission and Mary Lou Spiggle and Claudia G. Puckette to the Town of Appomattox Economic Development Authority with terms coinciding with their terms on Council. All members present voting aye. Motion carried 5-0.

On a motion by Ms. Spiggle, seconded by Mr. Garrett, Council voted to reappoint Mr. C. Lewis McDearmon, Jr. to the Town of Appomattox Economic Development Authority with a term expiring December 31, 2026. All members present voting aye. Motion carried 5-0.

On a motion by Mr. Boyce, seconded by Ms. Spiggle, Council voted to adopt a resolution to set the monthly compensation for the Mayor, Vice-Mayor, and Council members effective January 1, 2023. All members present voting aye. Motion carried 5-0.

RESOLUTION

WHEREAS, the Appomattox Town Council desires to compensate the Mayor, Vice-Mayor, and each Council Member for their service to the Town and its citizens, and

WHEREAS, the Appomattox Town Council sets the monthly compensation rate at $300.00 (Three hundred dollars) for each Council Member, $400 (Four hundred dollars) for the Vice-Mayor and $500.00 (Five hundred dollars) for the Mayor, and

NOW, THEREFORE, BE IT RESOLVED that the Appomattox Town Council authorizes this action to begin on January 1, 2023.

On a motion by Ms. Spiggle, seconded by Mr. Garrett, Council voted to adopt the resolution to set the monthly compensation for the Town of Appomattox Planning Commission members effective January 1, 2023. All members present voting aye. Motion carried 5-0.

3 Appomattox Town Council Regular Council Meeting January 9, 2023

RESOLUTION

WHEREAS, the Appomattox Town Council desires to compensate the members of the Appomattox Planning Commission for their service to the Town and its citizens, and

WHEREAS, the Appomattox Town Council sets the compensation rate at $100.00 (One hundred dollars) a month, and

NOW, THEREFORE, BE IT RESOLVED that the Appomattox Town Council authorizes this action to begin on January 1, 2023.

On a motion by Mr. Garrett, seconded by Ms. Spiggle, Council voted to purchase (through eVA) a 2023 Ram 1500 Regular Cab 4x4 truck for $41,000 from Hall Automotive. All members present voting aye. Motion carried 5-0.

On a motion by Mr. Garrett, seconded by Mr. Garrett, seconded by Ms. Spiggle, Council voted to approve the FY 2023 write-off request due to the statute of limitations for collection – Unpaid 2017 Personal Property taxes in the amount of $3,234.48 and unpaid 2019 Utilities in the amount of $563.85. All members present voting aye. Motion carried 5-0.

Council Standing Committee Reports: none

Finance and Planning Committee: none

ARPA: none

Citizen Comment: none

Town Manager’s Report: Mr. McGhee provided a written report and updated on the following items:

 Staff will begin producing the FY 2024 budget. A schedule was provided.  The first fifty (50) LED streetlights should be installed soon.  The recommendation letter for a medical provider to locate in the Appomattox area may

need to come from the Town of Appomattox Economic Development Authority.  The contract phase of the depot is rolling along. There were a few modifications that

needed to be added to the contract with Jamerson-Lewis.

 The pre-bid meeting for the Downtown project will be held on January 11, 2023. Bids

are due January 26, 2023.

 The Virginia Municipal League held a newly elected officials conference with included

information on the Freedom of Information Act and Conflicts of Interest. Mayor Conner, Ms. Spiggle, Ms. Puckette, and Mr. McGhee attended virtually.

4 Appomattox Town Council Regular Council Meeting January 9, 2023

Council Comment:

Mrs. Allen – none

Mr. Boyce – With a new year, 2023, comes new hopes of getting more things done.

Mrs. Puckette – none

Ms. Spiggle – Reiterated Mr. Boyce’s comments.

Mr. Garrett - none

Closed Session: On a motion by Mr. Boyce, seconded by Mrs. Puckette, Council voted to convene in Closed Session, pursuant to Section 2.2-3711(A)8, for the purpose of consultation with legal counsel retained by the Town regarding specific legal matters requiring the provision of legal advice by such counsel, specifically pertaining to skilled game businesses.

ROLL CALL VOTE: Allen – yes, Boyce – yes, Spiggle – yes, Garrett – yes, Puckette – yes. Motion carried 5-0.

The meeting was re-opened to the public.

Council Member Spiggle 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 Puckette and Council by the following recorded vote adopted the motion:

ROLL CALL VOTE: Allen – yes, Boyce – yes, Spiggle – yes, Garrett – yes, Puckette – yes. Motion carried.

5 Appomattox Town Council Regular Council Meeting January 9, 2023

Adjournment: On a motion by Mr. Garrett, seconded by Mr. Boyce, Council voted to adjourn at 7:45 pm. All members present voting aye. Motion carried 5-0.

Roxanne W. Casto, MMC Clerk

Richard C. Conner Mayor