1 Regular Council Meeting
Monday, December 14, 2009
The Appomattox Town Council held a regular council meeting on Monday, December 14, 2009, at 6:30 pm at the Appomattox Municipal Building, 210 Linden Street, Appomattox, Virginia with Mayor Harvey presiding.
Members present: Bryan J. Baine, N.H. “Jimmy” Mayberry, C. Lewis McDearmon, John T. “Plicky” Williams, Jennifer Jamerson-Scruggs. Absent: Karl E. Carter.
Others: Chad Millner, Nina Beasley, Mary Lou Spiggle, Bryan David, Gary Christie, June Goodrich, Bill Goodrich, Hazel Thomas, Sam Carter, Cliff Harvey, Frank A. Wright, Jr., Town Attorney, Bart S. Van Nieuwenhuise, Town Manager and Roxanne W. Paulette, Town Clerk.
On a motion by Councilmember Mayberry, seconded by Councilmember Williams, 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 the legal options available to the Town to address unapproved changes to the Wal-Mart building design.
Vote: Baine – aye, Mayberry – aye, McDearmon – aye, Williams – aye, Jamerson-Scruggs – aye. Carter – absent. Motion carried 5-0.
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, Jamerson-Scruggs – aye. Carter – absent.
Mayor Harvey called the meeting to order and welcomed the guests.
Rev. Carlton Duck gave the invocation.
Public Comments – none
Mayor’s Comments – Mayor Harvey thanked the Community of Candles committee for a successful event on Sunday, December 6, 2009. The parade was wonderful. Thank you to June Chenault, Shirley Wheeler and the Appomattox Assembly. He also thanked the Town Staff for the decorations at the Town Office that took second place in the Municipal Building decoration contest. Mayor Harvey recognized the Appomattox Raider Football team on their success this year. Best Wishes and a continued recovery for Mr. Karl Carter after his recent surgery. Mayor Harvey wished everyone Season’s Greetings and a bountiful New Year from the Appomattox Town Council and Staff.
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Monday, December 14, 2009
On a motion by Councilmember McDearmon, seconded by Councilmember Williams, Council voted to adopt the consent agenda of December 14, 2009 with the removal of Appearance #1 – G. Mike Damron. All members present voting aye. Motion carried.
Gary Christie, Executive Director, Local Government Council gave council an update on the continued work of the Region 2000 Local Government Council. He provided a brochure that explained all six (6) departments within their offices at the Bank of the James building. Mr. Christie explained how localities pay dues to the Local Government Council and the opportunities provided to localities. One project of note is a federally funded Economic Development Administration. It will take about 12 months to develop. Once approved Region 2000 will be eligible for federal grants that we are not eligible for today.
Bryan David, Executive Director, Economic Development Council thanked council for the opportunity to speak to tonight. Mr. David is excited to be working with the best leadership in the Region. Mr. David worked on a scope with Fletcher Mangum to create “The Contribution That Virginia’s Region 2000 Partnership Makes to Region 2000’s Economy”. The region is going through some changes by creating high value and high paying jobs. Despite the economic downturn there are some growth trends. A lot of the job growth is created by small business. Those folks are here now. We need to help create entrepreneurship. We will be working with our Technology Council who is working with Middle Schoolers to create the STEM initiative and as time goes on it will be successful. The telecommunications infrastructure is crucial and we have the ability to provide broadband service at the end of the day.
Bryan Baine worked with Kelly Hitchcock on the Safe Routes to School Program and Long Range Bicycling Plan. Mr. Baine thanked Region 2000 for the assistance and looks forward to a continued partnership.
Jennifer Jamerson-Scruggs asked when the Economic Strategy would be complete. Mr. David responded within 12 to 14 months maybe even 18 months.
Unfinished Business – none
New Business – Councilmember Jamerson-Scruggs presented a concept of “Student of the Month” program. Council could allow the school administration to choose a student that displays leadership skills and their level of responsibility. A plaque would be presented by the Town Council to the student chosen. Councilmember Jamerson-Scruggs said she thought it was a good program. Mr. Mayberry wanted to know which school would be targeted and if more information would be forthcoming. Ms. Jamerson-Scruggs suggested middle school age and gave guidelines of cost of roughly $270 a year. Mr. Baine thinks it is a great idea and there is nothing negative about the program. Mr. Mayberry suggested that maybe a business should sponsor the program. The Town could possibly be hit with future requests. Mr. Williams raised concern that the school system is county run and that the school board runs the school system. The town does not have say but we can have a sense of support and I would feel better if the school board rubber stamped it or if we went in together with them. Mr. Mayberry said that maybe the school board isn’t even aware that a program even exists like this. Ms. Jamerson-Scruggs stated it is irrelevant who
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Monday, December 14, 2009
implements the program as long as the students are recognized. The item will be tabled until the regular meeting in January 2010 pending more research.
Councilmember Baine suggested meeting twice a year with the Appomattox County Board of Supervisors in 2010. The item was suggested in 2009 but meetings did not materialize. Mr. Baine suggested offering the two meetings again. Town Council members gave consensus to the suggestion. Mr. Van Nieuwenhuise was asked by Council to talk with Mrs. Ferguson regarding 2010 dates for the meeting.
On a motion by Councilmember McDearmon, seconded by Councilmember Williams, Council voted to recommend William Coupe to the Circuit Court Judge as the Town’s representative on the joint Board of Zoning Appeals with a term expiring December 31, 2013. All members present voting aye. Motion carried.
Pending Matters – Council gave consensus that the December 29, 2009 Council Workshop meeting could be decided by staff predicated on agenda material.
Council Concerns – Councilmember Jamerson-Scruggs: I want to make a few comments and references to Mike Damron’s letter that was submitted to Mayor Harvey and is a part of our agenda package. I am sorry that he couldn’t be here tonight, I was certainly looking forward to some healthy debate back and forth and questions answered. However, back in 2006, most of you know, when I was newly elected on Town Council, I didn’t know a lot about the water situation or the waterline controversy nor did I campaign on it either way. What I said is that I would certainly research both sides and then form my decision and part of that I did by setting an appointment with Mr. Damon with CCUSA and I asked Mr. Garrett, Town Manager (at that time) to go with me and we went over some things. We went over the Black & Veatch engineering study and rate methodology and at that time there were a few areas of the rate methodology that concerned me. Now, back in October 2009, I presented some things to this council and for whatever reason I don’t know if I was in a position of authority if I would have addressed a news article because third party information sometimes can be misstated or misunderstood. However I would like to address the first part of that letter tonight.
(reading from the email in the agenda package) Paul,
This e-mail is in regard to the statements I read in the Appomattox Times-Virginian dated October 21, 2009. The statements were credited to Jennifer Scruggs. I am not sure how accurate the article is and maybe some things were taken out of context but what I wanted to clarify is the rate history with the Town of Altavista and the rate structure process.
I have attached a spreadsheet with 7 years of data that outlines the rate history with the Town of Altavista. In the above referenced newspaper article, the following statements were made that I disagree with:
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Monday, December 14, 2009
“Based on the rate methodology from Black and Veatch water study, the rates went up from 88 cents per 1000 gallons in 2004 to $1.02 per 1000 gallons in 2006.” What I want to clarify is that during this 3 year period, the water rates did increase substantially due to the reduction of water usage system wide. The more water that is used system wide, the cheaper the unit cost i.e. the cost per gallon decreases.
Jamerson-Scruggs: Now I understand that in theory but if you flip back and this what I want to point out to this council and you look at his seven year articulated information from Altavista and you look at that three year period in 2004 now he is using in his methodology based on 100 cubic feet. Typically, what we (Town of Appomattox) look at is per 1000 gallons. I also went back to the invoices we had from the Town of Altavista and I looked at the per 1000 gallon rates and the 100 cubic feet rates. In that, the 100 cubic feet was $0.73, the 1000 gallon is $0.96 and that is referenced from the Hurt & Proffitt package from January 28, 2006, those invoices. Now, if you go from 2004 to 2006 the per 1000 gallon rate is $1.12. In that three year period , their rate for that three year period went up 16.67%. This is the point I was trying to drive home in October 2009. Now lets go down to the actual usage Mr. Damron has on his chart in 2004 of 550,196,000 gallons and look at 2006 – 599,132,000 gallons in that three year period Altavista increased their usage by 48,936,000 gallons and their rates went up 16.67% and that is just in a three year time period.
So, when Mr. Damron in his letter references that the reduction of water usage system wide and my question would be where is the reduction in the system overall with the Town of Altavista being their largest water customer and they increased by almost 50,000,000 gallons in a three year period. And now that the Town of Altavista is not with buying their water from Campbell County Utility Service Authority, Campbell County Utility Service Authority is now engaged in a contract buying water from the Town of Altavista, how is that going to affect the overall usage of Campbell County Utility Service Authority’s system – it reduces the usage, it reduces it. So, that’s the first thing I would like to address and that’s from Campbell County Utility Service Authority numbers given us.
The next paragraph and that will be the last thing I address tonight. I have asked the clerk to record the minutes verbatim so it would be a matter of record in the agenda.
(reading from the email in the agenda package) “A year and half ago on the same gallon usage, Campbell County was able to lower its cost by 3.8 percent. However, an increase in a year and a half their water rate increased by 10 percent.” As the attached chart shows, actual expenses have increased each year since 2002. I am not sure where a cost reduction 3.8 percent came from.
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Jamerson-Scruggs: Now he’s (Mr. Damron) referencing the article from the paper dated October 21, 2009 of my comments in this council.
(reading from the email in the agenda package) In FY07, the provisional rate and audited rate were the same but expenses did increase. I would like to point out too that the Town of Altavista’s usage went up each and every year except for a reduction in FY04.
Jamerson-Scruggs: Well the misconception there is that I was not talking about Altavista’s rates, and I was very specific in that meeting, I actually dispersed handouts. I was talking about the rate methodology for Appomattox water users and I have copies here and in that from the 2006 – Dec 12, 2007 Campbell County Utility Service Authority decreased their expenses by 3.8% and they increased water rates by 10% and that’s factual, that’s here, on what they have dispersed. That’s what I presented and what I would like to clarify that there in the letter.
Mayor Harvey: I am not sure why you are needing to defend this position and I understand that. There seems to be something you are leaving out. Campbell County Utility Service Authority originally had an agreement with Altavista that their rate would be cost plus 10%. They (CCUSA) switched over to the Black & Veatch methodology and obviously that cost went up because that methodology is considerably more expensive. I can’t defend this position from him. Campbell County Utility Service Authority wasn’t meeting their cost with the cost plus 10%.
Jamerson-Scruggs: I would concede that the methodology changed but lets not make reference that we are talking about the statement here that the water rates and how its been proven here is its not going to matter how much water we use our rates are going to be indicative here of their system wide usage and ability to maintain cost and I don’t care what methodology you use and it shows it here. And this is in their information.
Mayor Harvey: I am not sure why we are discussing this here. I think it’s a little unfair for us to put this information out without him being able to respond to it.
Jamerson-Scruggs: I think it’s a little unfair for Mr. Damron to respond to the Mayor in an email that a Council member made statements in a newspaper that was reported inaccurately if that’s what Mr. Damron gets from it and it be a matter of public record and then I don’t have the ability to respond and I feel as though I am justified in bringing it up tonight.
There were no other concerns by council.
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Monday, December 14, 2009
On a motion by Councilmember McDearmon, seconded by Councilmember Jamerson-Scruggs, Council voted to adjourn at 8:20 p.m. All members present voting aye. Motion carried.
Roxanne W. Paulette Clerk
Paul D. Harvey Mayor