March 16, 2010 Council Special Minutes

1 Appomattox Town Council

Special Call Meeting March 16, 2010

At the Special Call Meeting of the Appomattox Town Council held on March 16, 2010 at 4:30 pm in the Council Chambers, Appomattox Municipal Building, 210 Linden Street, Appomattox, Virginia, there present were Mayor Paul D. Harvey, presiding.

Council members present: 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 Duffy Taylor, Stephanie James and Roxanne W. Paulette, Clerk of Council.

Mayor Harvey called the meeting to order.

Mayor Harvey cited the purpose of the meeting.

On a motion by Council Member Williams, seconded by Council Member Mayberry, 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 the performance and discipline of a specific public employee, specifically being Employee A and 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 a public body regarding specific legal matters requiring the provision of legal advice by such counsel, such specific legal matters being a potential claim from Fielder’s Choice Enterprises, Inc. for repair work at the Appomattox Reclamation Facility for Structural Modifications.

Vote: Baine – yes, Mayberry – yes, McDearmon – yes, Williams – yes, Jamerson-Scruggs – yes. Carter – absent

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 – yes, Mayberry – yes, McDearmon – yes, Williams – yes, Jamerson-Scruggs – yes. Carter – absent

On a motion by Council member Williams, seconded by Council member Mayberry, Council voted to ratify and approve the 8 day administrative leave without pay for the Town Manager which he began on March 9, 2010. Roll Call Vote: Baine – aye, Mayberry – aye, McDearmon – aye, Williams – aye, Jamerson- Scruggs – aye. Carter – absent. Motion carried 5 – 0.

2 Appomattox Town Council

Special Call Meeting March 16, 2010

On a motion by Council member Mayberry, seconded by Council member McDearmon, Council voted to affirm and approve its prior denials of a request for change order for concrete wall repairs in Basin #1 on the Appomattox Water Reclamation Facility Structural Modification project by Fielder’s Choice Enterprises in its letter dated November 20, 2009 and direct the Town Attorney to send a letter notifying them of this denial. All members present voting aye. Motion carried.

On a motion by Council member Jamerson-Scruggs, seconded by Council member Williams, council voted to adjourn at 5:10 p.m. All members present voting aye. Motion carried.

Roxanne W. Paulette, CMC Town Clerk

Paul D. Harvey Mayor