August 10, 2009 Council Regular Minutes

1 Regular Meeting

Monday, August 10, 2009

At the Regular Meeting of the Appomattox Town Council held on August 10, 2009 at 7:30 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 Bart S. Van Nieuwenhuise, Town Manager.

Mayor Harvey called the meeting to order.

Rev. Rusty Small, Liberty Baptist Church gave the invocation.

On a motion by Mr. Williams, seconded by Ms Jamerson-Scruggs, Council voted to adopt the consent agenda of August 10, 2009 as presented. All members present voting aye. Motion carried.

Public Comments – None

Mayor’s Comments – Mayor Harvey thanked staff for the continued efforts during the period of time that the town was understaffed.

Appearances – Ms. Denise Scruggs, Director of the Beard Center on Aging, Lynchburg College appeared before council to invite the council members and public to an event on November 2009 entitled the Age Wave Legislative Summit. It will be a day long program at Lynchburg College. (Additional information attached)

Mayor Harvey thanked Ms. Scruggs for the information and invitation.

Unfinished Business – Mr. Baine reminded council that when he suggested a joint meeting with the Board of Supervisors he envisioned that each body would put forth three (3) agenda items for an informal meeting, twice yearly.

Mayor Harvey said he thought it was time to have a sit down meeting with the County Board of Supervisors regarding the waterline.

The Town Manager was asked to meet with the County Administrator to come up with three (3) items from each body for possible discussion at the September Town Council Workshop meeting.

New Business – On a motion by Councilmember Baine, seconded by Councilmember Carter, Council voted to direct staff to hold the first (1st) Citizen Academy in February 2010. All members present voting aye. Motion carried.

2 Regular Meeting

Monday, August 10, 2009

On a motion by Councilmember Baine, seconded by Councilmember Williams, Council voted to engage with the Weldon Cooper Center and Art Meade for the Town Visioning Process. All members present voting aye. Motion carried.

On a motion by Councilmember McDearmon, seconded by Councilmember Jamerson-Scruggs, Council voted to authorize Mayor Harvey to sign the consent order for the VPDES Permit No. VA0020257 - Appomattox Water Reclamation Facility. All members present voting aye. Motion carried.

On a motion by Councilwoman Jamerson-Scruggs, seconded by Councilman Mayberry, Council voted to direct staff to forward the following resolution to the Appomattox County Board of Supervisors:

RESOLUTION FOR ADDRESSING THE COUNTY OF APPOMATTOX PROPOSAL ON THE CONCORD/460 WATERLINE AND THE TOWNS MANAGEMENT OF ITS WATER AND SEWER INFRASTRUCTURE

WHEREAS, for many years, the Town of Appomattox (the “Town”) has provided water and sewer utility services to Town citizens, and in some instances to County (County of Appomattox) citizens; and

WHERAS, the Town and County have been discussing the Rte. 460 waterline for numerous years; and

WHEREAS, the Town of Appomattox is not projected to utilize its present capacity to supply water for its customers for many years; and

WHEREAS, the Town desires to control its resources, growth, governance and destiny to the extent allowed by the Commonwealth of Virginia; and

WHEREAS, the Town desires to cooperate with the County to the extent that it is mutually beneficial,

NOW, THEREFORE BE IT RESOLVED, the Town Council agrees to the following actions to resolve the waterline issues as follows;

  1. The Town Council agrees to provide contract services to the County for maintenance of the County’s 460 waterline. The services shall be provided through a duly executed long-term agreement.

  2. The Town Council agrees to provide contract services to the County for billing services for the County’s customers. The services shall be provided through a duly executed long-term agreement.

    3 Regular Meeting

Monday, August 10, 2009

  1. The Town Council shall review its established policy for charging different rates to in- town and out-of-town customers. Any revision of this policy shall be provided through Council action on its current Utility Rate Schedule.

  2. The Town Council is open to future consideration of purchasing a portion of its water supply from the County through wholesale purchase agreement while maintaining the Town’s full capacity to utilize its wells (water supply resources).

  3. The Town Council’s willingness to execute item number four above is predicated on the County allowing the Town to mutually benefit from the waterline with a friendly agreement on boundary adjustments along the 460 corridor (east and west). The adjustments could be phased in over a time line coordinated with a percentage of sue of the water available from the waterline. The Town is willing to consider the extension of sewer to areas along the 460 Corridor that would be included in any boundary adjustment.

  4. The Town Council requires an agreement between the Town and County for any discussions involved with CCUSA on water rates. An executed contractual agreement reviewed and approved by both parties would be necessary.

FURTHERMORE, LET IT BE RESOLVED, that the Council instruct staff to immediately take steps to faithfully pursue actions (some already in progress) to improve, expand, enhance, preserve and protect water resources of the Town so as to promote reasonable Town growth and competitiveness;

AND FURTHERMORE, the Council instructs the staff to immediately take steps to insure compliance with existing discharge limits at its wastewater facilities in accord with the Consent Order issued by the Commonwealth of Virginia on zinc levels.

All members present voting aye. Motion carried.

On a motion by Councilman Williams, seconded by Councilwoman Jamerson-Scruggs, Council voted to meet with the Appomattox County Board of Supervisors to discuss the bullet points of the above resolution (both the Town’s and County’s position) between August 10, 2009 and September 15, 2009. All members present voting aye. Motion carried.

Council Concerns – None

On a motion by Councilwoman Jamerson-Scruggs, seconded by Councilman Williams, Council voted to adjourn at approximately 9:00 pm. All members present voting aye. Motion carried.

Roxanne W. Paulette, CMC Clerk

Paul D. Harvey, Mayor