September 29, 2009 Council Workshop Minutes

1 Workshop Meeting

Tuesday, September 29, 2009

At the Workshop Meeting of the Appomattox Town Council held on September 29, 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 Ronnie Lankford, Duffy Taylor, Cliff Harvey, Barbara Shelton, Chad Millner, Nina Beasley, Mary Lou Spiggle, Stephanie James, Carlton Duck, Derek Norfield, Frank A. Wright, Jr., Town Attorney, Bart S. Van Nieuwenhuise, Town Manager and Roxanne W. Paulette, Clerk.

Mayor Harvey called the meeting to order.

On a motion by Mr. Williams, seconded by Mr. Carter, 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 employed or retained by the council regarding specific legal matters requiring the provision of legal advice by such counsel, specifically being discussion of the legal understanding of the Town Charter, specifically the authority and/or responsibility of the Mayor, Manager and Town Council.

Vote: Baine – aye, Mayberry – aye, McDearmon – aye, Williams – aye, Carter – aye, Jamerson- Scruggs – 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, discuss, or considered by this council.

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

Mayor Harvey welcomed everyone to the meeting.

Consideration of any action items from the closed session – None

There was a discussion of terms limits for the Mayor and members of the Town Council. Frank Wright, Town Attorney advised that the Charter would have to be changed in order to place term limits on members of Council or the Mayor. A public hearing or referendum would be required before submitting Charter changes to the General Assembly. Mr. Baine would like to see a referendum in place of a public hearing. Ms. Jamerson-Scruggs would like to see creative ways of limiting terms. There was no further discussion.

2 Workshop Meeting

Tuesday, September 29, 2009

Updates from Standing Committees Finance Committee – The Finance Committee met on Monday, September 28, 2009 and discussed the fundraising request of the Spout Spring Ruritan Club. The Ruritan Club is the lead organization for fundraising and handling oversight for the project that will consist of construction a concession stand, press box and restrooms at the multi-purpose community park located on Route 613.

On a motion by Mr. McDearmon, the Finance Committee is recommending to donate $10,000 for Fiscal Year 2010 to the Appomattox County Sports Complex Fund designated for the concession and restroom facility. All members present voting aye. Motion carried.

Fire & Safety Committee – The Fire & Safety Committee met on September 16, 2009 and discussed the next town newsletter. The newsletter is scheduled to be printed and mailed in November 2009. The newsletter will also include an emergency reference brochure for citizens.

Ordinance Committee – The Ordinance Committee is scheduled to meet on Wednesday, October 7, 2009 at 10:00 am regarding the Leash Law.

Personnel Committee – The Personnel Committee reports that the Town is fully staffed. The Town will be putting its best forward in a couple of weeks for the annual Railroad Festival.

Street & Property Committee - The sidewalk on Confederate Blvd will be installed soon. The fence is complete at the Town Office. At the next meeting of the Street and Property Committee, the members will discuss with Region 2000 sidewalk projects and plans for parks and green space.

Utility Committee – An update on the SBR plant will be given by the Town Manager.

Staff Reports – Mr. Van Nieuwenhuise reported on the following:

• Website development continues to move forward. Mr. Van Nieuwenhuise has requested

input on the logo design.

• The study of the wastewater is complete and monitoring has been scaled back. • Tobacco Free Policy is in full effect. • The stainless steel has been installed at the SBR facility. • The wall/barrier at the SBR will be poured next week. • Visioning process – layout of information has been created and the Town Manager and Clerk have discussed potential dates. Coordination with the facilitator and location are ongoing.

• Railroad Festival activities:

o 59 Arts and Crafts vendors o 23 non-profit vendors o 20 concession vendors o 13 sponsors o 4 musical stages with 31 different acts

3 Workshop Meeting

Tuesday, September 29, 2009

o Parade – 10:30 on Saturday, October 10, 2009 o Street Dance – 8:00 pm – 11:00 pm on Saturday, October 10, 2009 o Fireworks – 9:00 pm – Saturday, October 10, 2009 o Fireman’s Competition – 1:00 pm – Courtland Field – Sunday, October 11, 2009 o Teddy Bear Parade – 2:00 pm - Methodist Church – Sunday, October 11, 2009 o A website has been created for the event – appomattoxrailroadfestival.com

Council Concerns – Mr. Carter apologized for not being present at the last two meetings of the Town Council. He voiced concern over the September 14, 2009 meeting. He obtained a DVD copy of the meeting and was embarrassed at the behavior of the speakers and audience. Mr. Carter referenced the Code of Ethics and Bylaw and Rules of the Town Council that were adopted in July 2008. Conduct of the public should be of the highest decorum and council can prohibit such behavior as has occurred within the last several meetings. When citizens address council they should be treated with courtesy and respect. Mr. Carter suggested getting a time clock and reminding speakers when they approach 2:45 so they can stop at 3:00 minutes.

Mayor Harvey apologized for not handling the meetings as outlined in the Code of Ethics or Bylaws and Rules for Standards of Conduct.

Mr. Carter asked Mr. Van Nieuwenhuise if a signed copy of the contract had been obtained from Appomattox County between the County Board of Supervisors and Campbell County Utility Service Authority. Mr. Van Nieuwenhuise said he had a draft but not a signed copy.

On a motion by Mr. Mayberry, seconded by Ms. Jamerson-Scruggs, Council voted to adjourn at 7:40 p.m. All members present voting aye. Motion carried.

Roxanne W. Paulette, CMC Clerk

Paul D. Harvey, Mayor