August 8, 2006
MINUTES OF THE BROOKNEAL TOWN COUNCIL

 

7:00 PM – The regular meeting of the Brookneal Town Council

 

The municipal government of the Town of Brookneal met with the following members present:

 

Phyllis Campbell, Mayor

James Nowlin, Vice Mayor

Meg Tibbs, Kenneth Jennings, Richard Adams, and Stacey Hailey Council Members

Absent:  Tracy Meisenbach, Council Member

Laurie C. Francis, Clerk/Treasurer

Mike Crews, Public Works Director

Ricky Cousins, Police Chief

 

INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG

APPROVAL OF AGENDA

 

Upon motion by Kenneth Jennings, seconded by James Nowlin and unanimously carried, Council approved the agenda for the August 8, 2006, regular meeting of the Brookneal Town Council with the following changes:

 

Add:  1)  Laura David request for use of the Kersey Building  2)  Joint dinner meeting with County and Town  3)  $1,710 attorney invoice

 

Delete:  1) #23 on the agenda: Closed session under VA Code Section 2.2-3711 (A1) for the purpose of reviewing and discussing the performance of the Director of Public Works.

 

 

MINUTES

 

Upon motion by James Nowlin, seconded by Kenneth Jennings and unanimously carried, Council approved the July 11, 2006 Town Council minutes.

 

 

TREASURER’S REPORT

 

There was no report available

 

 

PRESENTATION AND APPROVAL OF INVOICES

 

Be it resolved that motion was made by James Nowlin, seconded by Stacey Hailey and unanimously carried, authorizing the payment of the invoices for the period of July 11, 2006 to August 7, 2006 in the amount of $11,749.29.

 

 

PUBLIC COMMENT

 

Ms. Pauline Douglas, 124 Ridge Street, appeared before council to let them know that she is proud of Brookneal.  Ms. Douglas stated that she wanted to know why the news around town was that the town was just going down because Dan River was leaving.  She went on to say that Brookneal would still be here when Dan River was gone and people should look around and count their blessings.  Ms. Douglas pointed out that the town had a nursing home, schools, a library, doctors, drug stores and places to eat and that people should stop and think how blessed we [Brookneal] are.  Ms. Douglas closed by saying that Brookneal was a nice town and if there was anything anyone could do to help keep Brookneal, council should do it.

 

Ms. Judy Cook, owner and operator of L.A.M.B.S. located on Main Street, appeared before Council to ask why the Town had never recognized her.  Ms. Cook stated that she had been in Brookneal almost five years and said that the thing that was hurting her was that the Council was letting the Humane Society come in.   She stated “That’s great, but let them rent the [Kersey] building.”  Mayor Campbell took a moment to say that if the council had not stated in the past, the council certainly appreciated every business and everyone that contributes any part to Brookneal.

 

Edward Pearson, of 106 Ridge Street, offered his opinion on the town offering the Kersey building to the Humane Society stating that he did not feel that the building should be a public area.  Mr. Pearson noted that the town’s police department and public works department both stored property in the building and that it would be a liability to give the public access to the building.

 

Kenneth Silby, of 914 Lynchburg Avenue, once again spoke to council about implementing a leash law in the town.  Mr. Silby said that he was still having problems with dogs coming in his yard.  Mr. Silby said that he had spoken with his attorney and his attorney advised that as far as the law reads in Campbell County, it states that a city may put it [leash law] on the agenda to be voted on.  It does not say that a town can not, it does not say that a city can not.  It is all an interpretation of the law.  I could interpret that the law states animal feces is a biohazard and I could call the town to come pick up another dogs feces out of my yard if I wanted to interpret the law to read that way.  Mr. Silby proceeded to pass out a letter to the members of council that stated the following:

 

TO:   BROOKNEAL TOWN COUNCIL

RE:   REQUEST FOR A LEASH LAW

 

To Whom It May Concern:

The purpose of this letter is to request that the members of the Town Council add a referendum to the next ballot for the citizens to vote on concerning the leash law.

It is my feeling and concern that there is a great need for a leash law to be passed in the Town of Brookneal.  This law has already been passed in Campbell County.  Due to all of the children that are playing in their yards and on the streets, I feel it is necessary for the safety of our children as well as all of the citizens who live in Brookneal, Virginia.

Accordingly, this letter serves to request that we be allowed to vote on this matter.

Sincerely,

Kenny Silby

 

 

Mr. Silby said that his attorney had advised him to write the letter to the council.  Mr. Silby further made his point by bringing his dog into the council chambers noting that his dog was often mistaken for a pit bull.  Mr. Silby pointed out to council that he keeps his dog on the leash whenever his dog is off of his property.

 

Mrs. Kristy Rexrode and Mrs. Bonnie Woosley appeared before council to complain about the property located at 111 Marshall Street stating that the property is seriously dilapidated with limbs falling off of trees and it is very unsightly and unsafe.  Mrs. Rexrode said that she believed that the town council needed to do something about this house whether that meant condemning it or tearing it down, or whatever.  Mrs. Woosley added that they had always had a problem with whoever lives in the house on the hill above her house blocking the ally way.  She asked if the town could do something to help resolve this issue by possibly putting a sign up that says do not block ally way.  Mike Crews, Public Works Director, told Mrs. Woosley, that the town would erect a sign near the ally.

 

Mrs. Woosley also asked if the town could present a plaque to Mike Porterfield for what he did at the accident involving Mrs. Woosley’s husband, Bobby, by pulling him out of the burning vehicle.    Mayor Campbell responded that the town would certainly be able to do that.  Mrs. Campbell went on to say that someone would contact Mrs. Woosley to get the information that would be needed and the town would present the plaque to Mr. Porterfield at the September Council meeting.

 

Rita Dixon, of 103 West End Street, appeared before council to thank Mr. Nowlin and Mayor Campbell for assisting her with getting her water bill straight last month.  Ms. Dixon invited the town council and citizens to the grand opening of a new gas station, owned by Ms. Dixon and her boyfriend, located on the corner of Charlotte St. and Lynchburg Ave.  Ms. Dixon also reported having problems with dogs in the community and said that she was in favor of a leash law within the town.

 

Ms. Gai Sow, formerly Kathy Kilgore, informed council that she was getting ready to open up a massage business on Main Street.  Ms. Sow stated that she was concerned about Brookneal and all of the factories closing.  She noted that this was happening all over the country and that she had seen it in many places.  She said, however, that she had never heard a town talk about being a town anymore though.  Ms. Sow said that she would be willing to help the town in anyway, find a replacement for the businesses that were leaving.

 

REQUEST FROM THE VIRGINIA EMPLOYMENT COMMISSION TO USE THE WHOLE COMMUNITY BUILDING ON AUGUST 10, 2006

 

Motion was made by Meg Tibbs, seconded by Kenneth Jennings and unanimously carried allowing the use of the community building, at no charge, by the Virginia Employment Commission on August 10, 2006 and other dates as needed with the approval of the Public Works Director.

 

 

KIM LESTER REQUEST THE USE OF THE BALL PARK FOR A SOFTBALL TOURNAMENT FOR THE ANGEL TREE PROJECT, DATE AUGUST 26-27 2006

 

Motion was made by Kenneth Jennings, seconded by Stacey and unanimously carried approving the use of the ball park on August 26-27, 2006 for a softball tournament for the Angel Tree Project.

 

APPOINT SOMEONE FOR THE DAY IN THE TOWN

Council, by consensus, appointed James Nowlin and Meg Tibbs as co-chairpersons for the Day in the Town event to be held on Saturday, October 7, 2006.

 

 

APPOINT SOMEONE TO THE AIRPORT COMMITTEE, LEE BOOKER RESIGNED

 

Upon motion from Richard Adams, seconded by Kenneth Jennings, and unanimously carried, council appointed Stacey Hailey to the Airport Committee and a representative for the Town of Brookneal.

 

BLIGHT BUILDINGS

 

A lengthy discussion was held regarding what to do with the blighted buildings in town.  Council, by consensus, agreed to enforce the code that is currently in the town code book.  The code will be enforced as complaints come in, whether the complaints are verbal or in writing.

 

Stacey Hailey made a motion that Mike Crews, Public Works Director, get a quote on what it would cost to repair the front of the town hall.  The motion received a second from Kenneth Jennings.  With all in favor, and no one opposed,

 

 

 

MONEY FROM DAN RIVER

The Town of Brookneal received payment in full for the 2004 Real Estate, Personal Property, and Machinery and Tools tax in the amount of $62,215.71.  This money was unexpected as Dan River had filed bankruptcy and the town was told it may not receive the funds.  Interim Town Manager, Mike Crews, requested that council consider using part of that money to give the employees a raise.  Council, by consensus, decided not to do anything with the money at this time and to wait until after the 2005/2006 fiscal year audit.

 

 

DOWNTOWN/T-21 GRANT

 

Motion was made by Richard Adams to apply for a T-21 Grant and apply by November 1, 2006 and turn it over to the consultant to handle.  The motion received a second from Kenneth Jennings.  With all in favor and no one opposed, the motion carried.

Attorney invoices for $175.00 and $1790.00

 

Motion was made by Stacey Hailey, seconded by Kenneth Jennings, and unanimously carried approving payment of two attorney invoices to Overby, Hawkins, Selz, & Wright in the amounts of $175.00 and $1,790.00.

 

 

COUNCIL VOTE TO ADVERTISE FOR A PUBLIC HEARING FOR BOND RESOLUTION

 

Motion was made by James Nowlin to advertise for a public hearing for a USDA Bond Resolution to be held on September 12, 2006 at the next regular meeting of the Brookneal Town Council.  The motion received a second from Stacey Hailey.   Mayor Campbell called for a vote as follows:

 

Mr. Hailey       Aye Mr. Adams      Aye Ms. Tibbs        Aye

Mr. Nowlin       Aye Mr. Jennings       Aye

Absent:  Ms. Meisenbach

 

With all in favor, the motion carried.

COUNCIL VOTE TO ADVERTISE FOR A PUBLIC HEARING FOR TOWN DECALS

 

Motion was made by Kenneth Jennings to advertise for a public hearing for a proposed vehicle license ordinance at the next regular meeting of the Brookneal Town Council dated September 12, 2006.  The motion received a second from Stacey Hailey.  Mayor Campbell called for a vote as follows:

 

Mr. Hailey      Aye Mr. Adams      Aye Ms. Tibbs        Aye

Mr. Nowlin       Aye Mr. Jennings       Aye

Absent:  Ms. Meisenbach

 

With all in favor, the motion carried.

 

 

DOG ORDINANCE/LEASH LAW

 

Vice-Mayor James Nowlin denied Kenneth Silby’s request to place a dog leash ordinance on the upcoming November ballot saying, “Our lawyer has informed us we can’t do it that way.”  He went on to tell Mr. Silby that he had run out of strikes concerning this matter.  Mr. Nowlin stated that he had done the leg work and council had looked at it different ways.  He went on to tell Mr. Silby that it was already on the town’s books. Council Member Nowlin stated that he had spoken with different ones and some have said they do want it, and some have said they don’t. “I did the leg work, and a lot of people don’t want it,” Nowlin continued.  Mr. Nowlin further explained that every person who has a dog who is causing a problem like going to the bathroom on others properties, that person will be sent a letter, and they will have so many days to respond,   Mr. Nowlin added that council had decided to handle problems on an individual basis noting that the code would give the town an opportunity to correct these problems.  Mr. Nowlin concluded by adding that he believed everybody needed to work together and he did not think the town needed to make a law.

 

 

ATTORNEY INVOICE

 

Motion was made by Stacey Hailey to pay an invoice from the Town Attorney in the amount of $1,710.00.  The motion received a second from James Nowlin.  Mayor Campbell asked if there was any discussion on the matter before council.  Council member Meg Tibbs questioned the bill asking what the charges were for.  Interim Town Manager/Public Works Director Mike Crews listed the various items the attorney was charging for.  Mr. Crews stated that one of the items was a charge to attend the July council meeting.  Mrs. Tibbs questioned who asked the attorneys to come to the last council meeting.  Clerk/Treasurer Laurie Francis responded that the attorney had said that former town manager, Bill Gillespie, had asked them to attend.  Mrs. Tibbs stated that Bill [Gillespie] didn’t know anything about it.  Mrs. Tibbs went on to question other items stating that she was not opposed to making a motion that the town change attorneys.  The motion received a quick response from Kenneth Jennings.  Mayor Campbell pointed out that there was already a motion on the floor to pay the attorney bill and the motion had received a second.  Mayor Campbell went on to call for a vote as follows:

 

Mr. Hailey       Aye Mr. Adams      Aye

Mr. Nowlin       Aye Mr. Jennings       Aye

 

Ms. Tibbs        Nay

 

Absent:  Ms. Meisenbach

 

 

The motion carried with a 4-1 vote.

 

Mrs. Tibbs added that she was still not opposed to making a motion to change the town attorney.

 

Council member Tibbs then offered a motion that the town change attorneys.  The motion received a second from Kenneth Jennings.

 

A brief discussion ensued.  Mrs. Tibbs stated that she thought that the town needed someone that was up on municipal matters adding that she was not satisfied and the attorneys had moved out of town.  Council member James Nowlin stated that he felt the council needed to talk about this some more adding that he wanted to know why Mrs. Tibbs felt this way.  Mrs. Tibbs stated that she felt the meter was ticking to fast and she would like an explanation of why they came to the last meeting when nobody knew they were coming.  She added that these attorneys had been very expensive.

 

Mayor Campbell called for a vote as follows:

 

Ms. Tibbs        Aye Mr. Jennings   Aye

 

Mr. Hailey       Nay Mr. Adams      Nay Mr. Nowlin       Nay

 

 

Absent:  Ms. Meisenbach

 

With a 2-3 vote, the motion failed.

 

 

REQUEST FOR USE OF THE KERSEY BUILDING BY THE HUMANE SOCIETY

 

James Nowlin made a motion to allow Laura David with the Humane Society use of the Kersey Building for a two month period beginning September, 2006.  The motion received a second from Stacey Hailey.  Mayor Campbell called for a vote as follows:

 

Mr. Hailey       Aye Mr. Adams      Aye

Mr. Nowlin       Aye Ms. Tibbs        Aye

 

Mr. Jennings   Nay

 

Absent:  Ms. Meisenbach

 

With a 4-1 vote, the motion carried.

 

 

CLOSED SESSION UNDER VA CODE SECTION 2.2-3711 (A)(1) FOR THE PURPOSE OF SELECTING A REPRESENTATIVE FOR THE PANEL HEARING.

 

Motion was made by James Nowlin, seconded by Stacey Hailey and unanimously carried to go into closed session under VA Code Section 2.2-3711 (A) (1) for the purpose of selecting a representative for the panel hearing.

 

 

RETURN FROM CLOSED SESSION

 

Mayor Campbell declared the council back in open session.

 

 

CERTIFICATION

 

Mayor Campbell called for a vote certifying that only those items allowed under VA Code Section 2.2-3711 (A) (1) pertaining to the selection of a representative for the panel hearing was discussed.

 

Voting was as follows:

Mr. Hailey       Aye Mr. Adams      Aye Ms. Tibbs        Aye

Mr. Nowlin       Aye Mr. Jennings       Aye

 

Mayor Campbell         Aye

 

Absent:  Ms. Meisenbach

 

 

APPOINTMENT OF REPRESENTATIVE FOR PANEL HEARING

Motion was made by Richard Adams to appoint David Laurrell, County Administrator for Campbell County, as an Ad Hoc member to the Finance and Planning Committee for the purpose of conducting a panel hearing.  The motion received a second from James Nowlin.  Mayor Campbell called for a vote.  With all in favor and no one opposed, the motion carried.

 

 

ADJOURNMENT

Motion was made by Stacey Hailey to adjourn, seconded by James Nowlin.  Being no further business to discuss Mayor Campbell adjourned the August 8, 2006 meeting of the Brookneal Town Council.

 

 

___________________________                  ____________________________

Laurie C. Francis,                                           Phyllis Campbell, Mayor

Clerk/Treasurer                                               Mayor

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