September 14, 2009 Council Regular Minutes

1 Regular Meeting

Monday, September 14, 2009

At the Regular Meeting of the Appomattox Town Council held on September 14, 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 and Jennifer Jamerson-Scruggs. Absent: Karl E. Carter. Also in attendance were Barbara Shelton, Bill Jamerson, Bill Goodrich, June Goodrich, Lucy Harvey, Ben Harvey, Frances Lewis, Chad Miller, Nina Beasley, Bob Goode, Hazel Thomas, Mary Williams, Joyce Bennett, Clifford Harvey, Bryan David, Mary Lou Spiggle, Ron Lankford, Sam Carter, Billie Carter, Paul Coviello, John Therkelson, Danny Hylton, Deborah Lester, Harold Lester, Carlton Duck, Frank A. Wright, Jr., Town Attorney, Bart S. Van Nieuwenhuise, Town Manager and Roxanne W. Paulette, Clerk of Council.

Mayor Harvey called the meeting to order.

On a motion by Mr. McDearmon, seconded by Ms. Jamerson-Scruggs, Council voted to convene in 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 legal advice pertaining to the potential purchase of 4.0 acres of land by the Town of Appomattox to be used for the Museum of the Confederacy.

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

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, discuss, or considered by this council.

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

Mayor Harvey welcomed everyone to the meeting.

Rev. Carlton Duck gave the invocation.

On a motion by Ms. Jamerson-Scruggs, seconded by Mr. Williams, Council voted to adopt the consent agenda of September 14, 2009 as presented. All members present voting aye. Motion carried.

2 Regular Meeting

Monday, September 14, 2009

*An archive copy of the DVD from the meeting is on file and available to provide complete details of the public comments. Public Comments –

Mary Lou Spiggle – 129 Pine Street, Appomattox, Virginia Thanked everyone for the opportunity to speak. Spoke in favor of the waterline from Concord to Appomattox.

Joyce B. Bennett – 465 Morton Lane, Appomattox, Virginia I have always defended the town because we get more services. Spoke in favor of the waterline from Concord to Appomattox.

Cliff Harvey – 168 First Street, Appomattox, Virginia Cited the Appomattox Pictorial (book) and asked questions regarding the boundary line adjustment. Spoke in favor of the waterline from Concord to Appomattox.

Nina Beasley – Pumping Station Road, Appomattox, Virginia Thanked council and the mayor for the opportunity to speak. Asked that everyone set their personal feelings aside and do what is right for the people. If you don’t work with the county I will hook on to the Concord waterline if given the opportunity.

Chad Millner – Promise Land Road, Appomattox, Virginia Mr. Mayor and Council members thank you. Spoke regarding the inaccuracies of the report in the agenda package. It is my hope that the information will be revised as to provide correct information to the public.

Bill Jamerson- Jamerson Building Supply and J.E. Jamerson & Sons – Appomattox, Virginia I have been a quiet pro of the waterline. I have been a supporter since day one. I was for the waterline when I was on the supervisors 18 years ago. I am for the waterline but I am very much against a water authority. I am afraid that if the town and county cannot settle their differences that is where we are headed. The authority would be another level of bureaucracy with administrators, staff, vehicles, etc. The Town has the ability to manage this water system. Mr. Jamerson recommended two council members, two board members and one facilitator meet and give them the freedom to negotiate and come back to each body.

Deborah Lester – Appomattox Gallery – Appomattox, Virginia I think we will get a waterline probably sooner rather than later. I don’t like bullying and threats going around and that is what sparked my interest. She encouraged others to stick to the facts and asked for everyone to drop the phony rhetoric. I live in Pamplin and will be paying taxes for the other end of the county to profit from.

3 Regular Meeting

Monday, September 14, 2009

Paul Coviello – Wreck Island District – Appomattox, Virginia I share Mr. Jamerson’s view of the public service authority. The financial well being and liberty of the citizens should be first and foremost in your minds. Please move to protect the financial well being of the citizens by working together to ensure that we do not have a service authority.

**The complete presentation is available from the archive copy of the DVD on file at the Appomattox Municipal Building. Mayor’s Comments – Mayor Harvey had a panel of guests present to provide information and he gave a power point presentation to the public regarding the Concord to Appomattox waterline.

Appearances – None

Unfinished Business – None

New Business – On a recommendation by the Ordinance Committee, Council voted to amend the Code of the Town of Appomattox, Chapter 195, to add a new section entitled Article XIII thereof, entitled “Sign Ordinance”. All members present voting aye. Motion carried. (Ordinance attached)

Council had a brief discussion of the funds for the concession stand at the Community Park. By consensus the item was referred to the Finance Committee.

Appointments to Boards, Commission and Committees Appointment, Board of Zoning Appeals – The Town Clerk will contact Mr. Johnnie Roark, County Planner regarding the term expiration for Mr. Cliff Harvey and information regarding advertising of the vacancy for the Board of Zoning Appeals.

Pending Matters Mr. Van Nieuwenhuise provided information regarding past discussion of the Concord waterline. We have been indeed doing extensive testing in the water and sewer system regarding copper and zinc levels. Predominately the high zinc and copper levels are coming from our large water users. Contrary to some public perception we do not throw chemicals at the water. All water systems use chemicals to remove chemicals from the water. We are currently only operating 4 of our 8 wells. It is to allow for the systemic recharge of the wells allowing them to rest. The information is in the agenda packet.

Council Concerns None

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

Roxanne W. Paulette, CMC Clerk

Paul D. Harvey, Mayor