March 09, 2009 Council Regular Minutes

1 Regular Council Meeting Monday, March 9, 2009

At the Regular Council Meeting of the Appomattox Town Council held on March 9, 2009 at 6:30 pm in the Council Chambers, Appomattox Municipal Building, 210 Linden Street, Appomattox, Virginia, there present were Mayor Paul D. Harvey, presiding and Council members Bryan J. Baine, N. H. “Jimmy” Mayberry, C. Lewis McDearmon, Jr., John T. “Plicky” Williams, Karl E. Carter and Jennifer Jamerson-Scruggs. Also in attendance were Rev. Ernie Lucas, Jeff Elder, Carlton Duck, Derek Norfield, Stephanie James and Roxanne W. Paulette, Clerk.

Mayor Harvey called the meeting to order.

On a motion by Councilmember Jamerson-Scruggs, seconded by Councilmember McDearmon and with the members present voting “aye”, Council voted to convene in Closed Session, pursuant to §2.2-3711 (A) 1 of the Code of Virginia, 1950, as amended, for the purpose of discussion of subject matter including the evaluation of prospective candidates as a specific public appointee, specifically being appointees A, B, C, D, E, F, G and H.

VOTE: Baine – aye, Mayberry – aye, McDearmon – aye, Williams – aye, Carter – aye, Jamerson-Scruggs – aye.

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: Baine – aye, Mayberry – aye, McDearmon – aye, Williams – aye, Carter – aye, Jamerson-Scruggs – aye.

The regular meeting began at 7:30 p.m.

Mayor Harvey welcomed everyone.

Rev. Ernie Lucas gave the invocation.

On a motion by Councilmember Jamerson-Scruggs, seconded by Councilmember Williams and with all members present voting “aye”, Council voted to adopt the consent agenda of March 9, 2009 as presented. Motion carried.

Mayor Harvey welcomed the Boy Scouts to the meeting. They are working on their citizenship badge.

Public Comments – none

Appearances – None

2 Regular Council Meeting Monday, March 9, 2009

Unfinished Business – On a recommendation motion by Councilmember Jamerson-Scruggs and with the council members present voting “aye”, Council voted to accept the recommendation of the Fire & Safety Committee to include the request of the Appomattox Volunteer Fire Department for refurbishment of Engine 1 in the FY 10 budget for the Town of Appomattox. The Town percentage would be 25% of the total refurbishment amount of $115,000.00. Motion carried.

New Business – On a motion by Councilmember Carter, seconded by Councilmember Jamerson-Scruggs and with the council members present voting “aye”, Council voted to adopt the following resolution:

RESOLUTION

WHEREAS, the Appomattox Town Council desires to implement a Freedom of Information Charge for Responding to a Request Policy; and

WHEREAS, the Town of Appomattox may charge the requestor for searching and copying records; and

WHEREAS, the cost must be reasonable, and may not include overhead items such as utilities, debt payments and the like (See Va. Code §2.2-3704). The hourly salary rate of any town employee who spends time researching and assembling records for the request may be charged, as may actual copying costs; and

WHEREAS, if the Town custodian determines that the cost of responding will be more than $200, he may demand the requestor to agree to pay a deposit in the amount of the projected costs. Until the deposit is received, the time limits are tolled. (See Va. Code §2.2-3704). An estimate will be sent in writing in order to avoid a claim by the individual that no deposit was requested, and therefore the time was not tolled; and

WHEREAS, any citizen who desires to review a public record at the Appomattox Town Office is encouraged to do so. No charge will be made for perusing records in this office.

NOW, THEREFORE, BE IT RESOLVED, the Appomattox Town Council does hereby adopt the following charges: Copy per page $0.25, Copy of DVD of any Regular or Workshop Council Meetings $1.00 each and Labor – Hourly Salary Rate.

Aye: Baine, Mayberry, McDearmon, Williams, Carter, Jamerson-Scruggs. No: None Motion carried.

Council Concerns – 1. Carter:

Councilmember Carter has received several complaints of dogs running at large. He requests council look into a lease law for the Town of Appomattox.

3 Regular Council Meeting Monday, March 9, 2009

On a motion by Councilmember Mayberry, seconded by Councilmember Williams, Council voted to refer the matter of a lease law to the Ordinance Committee for discussion and creation. All members present voting aye. Motion carried.

  1. Mayberry:

Councilmember Mayberry advised Council of the water connection at the Middle School for the Soccer fields. The arrangement will mirror the procedure followed for the baseball fields at the High School.

  1. Williams:

Councilmember Williams thanked the town staff for the outstanding job during the snow removal of March 1 and 2, 2009.

  1. Mayor Harvey:

Mayor Harvey acknowledged the office staff and water and sewer departments during the short staffing – Thanks for keeping the council going during this time.

On a motion by Councilmember Carter, seconded by Councilmember Jamerson-Scruggs and with all members present voting “aye”, Council voted to adjourn at 7:45 p.m. Motion carried.

Roxanne W. Paulette, CMC Clerk

Paul D. Harvey, Mayor