The Tappahannock Town Council has instructed its management team and legal counsel to negotiate a “reasonable” payment plan so the Lowery family can address its debt regarding delinquent meals tax and fees attached to the unpaid levy.
Last month, Robert Tyler Lowery, the grandson of Lowery’s Restaurant founders William Wesley and Lorelle Lowery and a former Tappahannock Councilor, made a request to Council seeking retirement of the debt or negotiation of a settlement.
The debt includes $64,664.25 in unpaid meals taxes and $43,299.58 in fees, penalties and interest. A letter sent to the Lowery family indicated the debt must be paid by December 31 or the town would arrange a forced sale of properties.
The Lowerys created the operation in 1938 as a sandwich shop along Prince Street. With business flourishing, the Lowerys moved the business to 528 North Church Lane in the 1940s. The Lowerys’ sons — William Wesley III (who passed away in 2021) and Robert Lowery — later headed the operation.
The restaurant, which was originally offered for sale in 2018, closed at the onset of the COVID-19 pandemic in 2020 and never reopened.
At the December 9 Council meeting, Lowery informed Council that he was asked to meet with town manager Eric Pollitt and town attorney M. Tolley Swinn of Sands Anderson earlier that day.
“When we walked into that meeting at 4 o’clock we were ambushed,” Lowery said about the meeting with Pollitt and Swinn. “There was nothing in that meeting, but pay or else. One hundred percent. The idea of negotiating reduced money was shot down immediately… All I got is we know how much the land you pledged against the debt is worth. I went in there hoping we could at least have a conversation. The conversation lasted 15 minutes. Eighty-two years should stand for something.”
Lowery said he was hoping the meeting would bring resolution to the matter.
“I left that meeting disgusted,” he stated. “We were summarily shut down. I don’t know the law, but I understand Council has the power to retire debt. But, I was told that is not your position. I don’t know if that’s true or not, but I hope we can work this out.”
Several people — including a great-granddaughter of the founders — spoke in support of the Lowerys.
“The restaurant was everything to my family,” Chloe Lowery told Council. “Lowery’s helped and supported community events and fundraisers. The Lowerys haven’t turned their backs in the town even though it appears the town’s management has turned their backs on them. It’s very sad to me that the place me and my many cousins have lived in has turned their backs on us. That has hurt me more than anyone can ever know.”
Dickie Blackwell told Council that the restaurant did so much to promote the Town of Tappahannock.
“I can’t believe you would take Sharon Lowery’s house,” he said. “She’s working two jobs and paying three loans every month. And you’re gonna force her out of her home? I can’t believe you’re doing that. I’m ashamed.”
Former Lowery’s employee Wanda Holmes told Council that the restaurant’s family atmosphere between management and employees will never be forgotten.
“We went through a lot, but we stand tall,” she said. “They are all really great people. Please don’t take everything from (Sharon Lowery). Have a heart and think about what you’re trying to do to this family.”
Duby Lowery, a grandson of the founders, described the meeting as a beat-down, adding, “I never would have had my mother (Sharon Lowery) or my aunt and uncle (Nancy and Robert Lowery) there if I knew what was going on.”
David Lowery, another grandson of the founders, told Council that, “I’m proud to be from Tappahannock until today. It was God awful today. I couldn’t believe that could happen to us, but it did. I want my kids to be proud of Tappahannock and right now they are not. My family is in disarray and I hope we can get to some resolution.”
Hannah Tiffany told the Council that she “can’t believe the money they paid the town until things got rough is not enough to consider some sort of negotiations. The last time I checked, small towns care about each other… Lowery’s has contributed to our town more than anyone else, I would hazard to guess, in the last 100 years.”
Meanwhile, Denise Hammond said she was concerned about the procedural guidelines being followed in the matter. “I assumed this would be an agenda item tonight,” she said. “My concern is I don’t know where you stand. I can’t believe homes would be taken from people who have given years to this community. Where do you all stand?”
The final speaker, David Hammond, went in on Pollitt.
“I’ve been sitting here while everyone has been speaking and the whole time Eric Pollitt has been on his phone texting or whatever he is doing,” Hammond said. “We are all from here and Mr. Pollitt is not. But, he does work for us. And, we would expect some professionalism and courtesy to listen to what everyone is saying, and not sitting over there texting on his phone.”
Councilor Fleet Dillard said he felt “a reasonable resolution can and will be reached on this matter. I think a resolution can and should be reached.”
However, Dillard noted that he would not be able to vote on any motions regarding the issue since his law firm employs Tyler Lowery’s wife.
Councilor Carolyn Barrett originally motioned to waive the fees, penalties and interest portion of the debt.
“I think they are making an effort to get this done and work with them,” she said. “Let’s have a meeting of the minds with respect and get this straight.”
That motion was seconded by Councilor Troy Balderson, but Swinn requested that Council not vote on that motion.
“I do not know if there is authority for Town Council to forgive debts,” he said. “The penalties, fees, and interest are statutory mechanisms.”
“This is the citizens of Tappahannock’s money,” Mayor Roy M. Gladding said. “But, we want to have some type of payment plan that is reasonable to all parties.”
Barrett ultimately motioned to postpone collection of the debt for 60 days so legal counsel can develop a payment plan. The vote was 4-0-1 with Dillard abstaining. Councilor Anita Latane was not in attendance.
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