April 14, 2008 Council Regular Minutes

1 Regular Council Meeting

April 14, 2008

At the Regular Council Meeting of the Appomattox Town Council held on April 14, 2008 at 7:30 pm in the Council Chambers, Appomattox Municipal Building, 210 Linden Street, Appomattox, Virginia, there present were Mayor John L. Wilson, presiding and Council members Joyce B. Bennett, N. H. “Jimmy” Mayberry, C. Lewis McDearmon, Jr., John T. “Plicky” Williams, Jennifer Jamerson-Scruggs, Steven E. Lawson. Also in attendance were Paul Harvey, Chad Millner, Mary Lou Spiggle, Barbara Shelton, Beckie Nix, Stephanie James, Earl Dickerson, Bif Johnson, Hill Jones, Charles Garrett, Bryan Baine, Darrel Puckett, Bill Burke, Carlton Duck, Frank A. Wright, Jr., Town Attorney, David T. Garrett, Jr., Town Manager and Roxanne W. Paulette, Clerk.

Mayor Wilson called the meeting to order.

Darrel W. Puckett, Town Resident and Appomattox County Commonwealth Attorney gave the invocation.

On a motion by Mr. Williams, seconded by Ms. Jamerson-Scruggs and with all members present voting “aye”, Council approved the consent agenda dated April 14, 2008 as presented. Motion carried.

Public Comments – none

Mayor’s Comments – none

Appearances Earl Dickerson, President, Hurt & Proffitt, Inc. gave an update regarding the status of the SBR Remediation Design. The design phase is approximately 21% complete with $16,370.31 billed to date.

David Garrett, Town Manager reported that he also received a facsimile from Ned Cleland with Blue Ridge Design today (4/14/08) regarding the current progress on the Wastewater Treatment Plant Tank Repairs at the SBR facility along with the amount accrued of $3,040.00 on the project to date. There have been twenty three (23) hours of firm principal time and four (4) hours of staff engineering time spent to date. Mr. Cleland also provided in the facsimile an agreement between the Town of Appomattox and Blue Ridge Design, Inc. The originals would need to be returned with signatures. Mr. Cleland also included the base sheet drawings prepared to contain the remedial design layout and instructions.

Unfinished Business – none

David Garrett, Town Manager reported that he had spoken with Kelly Hobbs; Public Affairs representative with Wal-Mart who assured him that Wal-Mart was still coming to Appomattox and are excited about the project.

David Garrett, Town Manager also reported that the 48 hour pump test on Well #15 was scheduled to begin on Tuesday, April 15, 2008 at 8:00 a.m.

2 Regular Council Meeting

April 14, 2008

New Business On a motion by Mr. Lawson, seconded by Ms. Jamerson-Scruggs and all council members present voting “aye”, the Appomattox Town Council voted to enter into 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 advice by such counsel, the subject matter of such meeting being the legal requirements of compliance with the Public Procurement Act, and the purpose of such meeting being provision of advice concerning such requirements in the context of the Groundwater Study procurement and pursuant to §2.2- 3711 (A) 6 of the Code of Virginia, 1950, as amended, for discussion and consideration of the investment of public funds where competition or bargaining is involved, where, if made public initially, the financial interest of the Town of Appomattox would be adversely affected, with the specific purpose of such closed session being to discuss and consider the investment of public funds for the waterline from Concord to Appomattox as they relate to bargaining with Appomattox County regarding the proposal submitted by the County for cost sharing, and the subject matter of such closed session being discussion and consideration of the investment of public funds for the waterline from Concord to Appomattox.

VOTE: Bennett – aye, Mayberry – aye, McDearmon – aye, Williams – aye, Jamerson-Scruggs – aye, Lawson – aye. Motion carried.

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.

VOTE: Bennett – aye, Mayberry – aye, McDearmon – aye, Williams – aye, Jamerson-Scruggs – aye, Lawson – aye. Motion carried.

On a motion by Mr. Lawson, seconded by Mr. McDearmon and with all members present voting “aye”, Council voted to send the counter-offer letter as drafted to the Appomattox County Board of Supervisors regarding the county’s proposal on the waterline from Concord to Appomattox. All members present voting aye. Motion carried.

On a motion by Mr. McDearmon, seconded by Mr. Williams and with all members present voting “aye”, Council voted to send the task of obtaining an hourly rate fee schedule and examination of the Request for Proposals (RFP’s) on the Groundwater Study project to the Utility Committee for a recommendation. All members present voting aye. Motion carried.

On a motion by Mr. Mayberry, seconded by Ms. Bennett and with all members present voting “aye”, Council voted to adjourn at 8:35 p.m. Motion carried.

Roxanne W. Paulette, Clerk

John L. Wilson, Mayor