July 8, 2008
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

Richard Adams, Kenneth Jennings, Stacey Hailey (arrived at 7:48 p.m., just prior to the police report), Tracy Meisenbach, and Robert Jean, Council Members

Bobbie A. Waller, Clerk/Treasurer

Mike Crews, Public Works Director, and Interim Town Manager

Ricky Cousins, Police Chief

Absent:  James Nowlin, Vice Mayor

 

 

INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG

APPROVAL OF AGENDA

 

Upon motion by Richard Adams, seconded by Kenneth Jennings, and unanimously carried, Council approved the agenda for the July 8, 2008, regular meeting of the Brookneal Town Council with the following addition:  1) Scott Smith, Region 2000

 

 

MINUTES

 

Upon motion by Kenneth Jennings, seconded by Richard Adams, and unanimously carried, Council approved the June 10, 2008, Town Council minutes.

 

 

TREASURER’S REPORT

 

Councilperson Jennings questioned the money market account which consists of $687,173.03, and why that money has not been invested into certificates of deposit since they are earning a higher rate than the money market account is currently earning.  Clerk/Treasurer Bobbie Waller said that she understood that some of that money (approximately $300,000) may need to be used for the USDA water grant, and she was not sure what to do with it at this point.  She said she had talked to Finance and Planning Committee Chairperson Richard Adams about what to do with that money.  Mr. Adams said that at this point we were not sure if we were going to borrow the amount needed for the USDA water grant or use the money in our money market account.  Councilperson Tracy Meisenbach said that she would like to see all of the Town’s money moved into the Bank of Charlotte County because it benefits the Town more regarding the bank franchise tax.  Mayor Campbell said that we need to determine how much we are going to need for the grant, how long it is going to be before we need it, and talk to the Bank of Charlotte County about investing some of that money if we do not need it at this point.

 

After the discussion, Mayor Campbell then asked that the July 2008 treasurer’s report be filed for audit.

 

 

PRESENTATION AND APPROVAL OF INVOICES

 

Be it resolved that motion was made by Kenneth Jennings, seconded by Robert Jean and unanimously carried, authorizing the payment of the invoices for the period of June 11, 2008, to July 8, 2008, in the amount of $12,732.83.

 

 

DOCUMENTS FOR THE DOWNTOWN REVITALIZATION GRANT

Scott Smith, of the Local Government Council, appeared before Council concerning the documents for the downtown revitalization grant which consisted of an anti-displacement certification, a fair housing certification, and a grievance procedure.  These need to be approved by the Council tonight.  Mr. Smith said that he plans for the Town to be under contract with DHCD by August 15, 2008.  He said a letter went out today to all property owners giving them an update on what is currently going on with the grant.  A zip code survey was distributed by Mayor Campbell to local businesses to determine where people are coming from to shop in Brookneal.  Louise Brierre from DHCD is coming down on July 14, 2008 for a facilitation meeting to make sure everything is moving along toward the August 15, 2008, contract date.  Requests for Proposals (RFPs) have gone out for engineering services, architectural services to do the façade work and an economic restructuring consultant.  They will be due on Thursday, July 24, 2008.  The environmental review is also underway by the Department of Historic Resources and the Army Corp. of Engineers.  At the August 12, 2008 Council meeting, a contract for Region 2000, contracts for the engineering services, architectural services, housing rehabilitation specialist services and an economic restructuring consultant will be presented in draft form for the Council’s approval.  He said that the Council also needs to be prepared to enforce the state slum and blight laws concerning property owners that get grant money to work on a façade and don’t keep the property in good condition.  If they let that property deteriorate before the 5 year period is up, then the Town needs to be prepared to take action to recoup that money put into that façade by the grant.

PUBLIC COMMENT

 

Mr. Mike Carwile of Lynchburg said that he believed that money had been lost by not investing money from the money market account into certificates of deposit.  He cited examples of this by comparing them to his own certificates of deposit.

 

Ms. Tracy McElhone of Moore Lane, Brookneal, VA, appeared before Council to request the community building auditorium for a fundraiser for the William Campbell High School Band on Saturday, November 22, 2008.  Upon motion by Kenneth Jennings, seconded by Tracy Meisenbach, and unanimously carried, the Council voted to allow the WCHS Band to use the community building and waive the fee for the date mentioned above.

 

Mr. Alan Tibbs of Terry Road, Brookneal, VA, said that he believed that the Town of Brookneal is being abused by people who come in when they want to, do what they want to, and leave their mess.  He believes that it has gotten more blatant.  He said that for the first time since he has lived here that he does not feel like living here, and that he is ashamed it.   He believes that the County seat is abusing this Town by not having ordinances on the books that can temporarily repress the problem until the Town can come up with a renter’s policy and a landlord policy.  He said somebody needs to take the time to read and enforce policies.  He said the situation is bad, but that it can be corrected.  Mayor Campbell said that there is a plan being put into place to look into this problem.

 

Mr. Tibbs said that the Council has been remiss.  He said that this is our Town and we need to run it.  Councilperson Meisenbach said that she had brought this issue up on several occasions over the past 3 years.  She said she was blown off after bringing this issue up.  Councilperson Jennings suggested that a few citizen members be asked to participate on this committee that is being put together to look into a landlord/property maintenance code.

 

Mr. Mike Carwile of Lynchburg asked if Brookneal was making any money off of the Fun Float Day.  Councilperson Jean said that the businesses are the only ones making money on this event.  He then asked if Brookneal had to clean up after this event  and Mayor Campbell said they did not.  The Long Island Ruritan Club comes to Brookneal, and cleans up the boat dock area.  He also said he agreed with Mr. Jean in that the Town needs to enforce ordinances already in place in regards to property maintenance, not create new ones.

 

 

POLICE REPORT

 

Chief Ricky Cousins said that he is working on the situation near Mr. Alan Tibbs’ office.  He said there was an arrest on Fun Float Day by Officer Earhart for giving false information to a law enforcement officer.  Since the last council meeting, the police department has had one person charged with assault and battery, one person charged with alcohol possession by a minor, one warrant issued for assault and battery, one warrant issued for driving on a suspended license, 2 parking tickets and 24 traffic citations.

 

Councilperson Meisenbach wanted to know what would be involved in getting littering fine signs put up within the town limits on Cook Avenue, lower Main Street, and the other side of the ballpark.  Chief Cousins said that there were already signs on all three sides coming into Town, but he would try to get some more signs.

 

Councilperson Jennings expressed some concerns that he observed on the night of Fun Float Day at the boat dock.  He said there was trash and beer cans everywhere.  He said there were drunken people everywhere, and no arrests were being made by the police department.  Chief Cousins said that in a lot of instances their hands are tied.  Officer Earhart said that they were trying to do traffic control, and they couldn’t watch everything that was going on.  Councilperson Jean said that there were a lot of Campbell County deputies at Long Island, but none at the boat dock in Brookneal.  Suggestions were to be more prepared for next year’s Fun Float Day by asking the state and Campbell County to have more police coverage in Brookneal, especially at the boat dock area.

PUBLIC WORKS REPORT

Public Works Director and Interim Town Manager Mike Crews told the Council that the Claytor/ Mattox Project is going to be closed out October 31, 2008.  Letters have been sent out to the last homeowners that qualified, and the deadline for returning those letters was July 7, 2008, so the project will move forward.

 

 

PUBLIC HEARING FOR THE BROOKNEAL FLOODPLAIN ORDINANCE

Upon motion by Tracy Meisenbach, seconded by Robert Jean, and unanimously carried, Council voted to hold a public hearing at the August 12, 2008, Council meeting for the amendment to the Brookneal Floodplain Ordinance.

 

LANDLORD/RENTAL PROPERTY ORDINANCE (PROPERTY MAINTENANCE CODE)

Councilperson Meisenbach said that this matter will be reviewed by the physical development committee, and upon Councilperson Jennings recommendation have three citizen members in addition to the physical development committee to address this issue.  She said she would like to see one of those citizen members also be a local business owner.  Councilperson Jean said he would also like to see a local landlord on the committee.  Mr. Alan Tibbs volunteered to be on this committee.

 

 

ADDENDUM TO PERSONNEL MANUAL REGARDING HOLIDAY COMPENSATION

The recommendation by Interim Town Manager Mike Crews concerning holiday compensation for the police department and the water treatment plant employees was referred to the finance and planning committee for their review.  Mr. Crews wanted to see the holiday pay either be added to the base salary or paid to the employees as the holidays occur.  Employees in these departments had been allowed to carry these holidays “over” and take them at their convenience.

 

 

BILLING FOR THE BUSINESS ACCOUNTS ON THE LANDFILL FEES

Upon motion by Robert Jean, seconded by Kenneth Jennings, and unanimously carried, the Council voted to continue the billing of the business accounts on the landfill fees as the County had done with $15.00 being billed for small users, $75.00 for medium users and $150.00 for large users.

 

 

APPROVAL OF DOCUMENTS FOR THE DOWNTOWN REVITALIZATION GRANT

Upon motion by Kenneth Jennings, seconded by Stacey Hailey, and unanimously carried, the Council voted to approve the following documents for the downtown revitalization grant.

 

 

Brookneal Downtown Revitalization Project

Residential Anti-Displacement Certification

 

 

The Town of Brookneal will replace all occupied and vacant occupiable low/moderate-income dwelling units demolished or converted to a use other than as low/moderate income dwelling unit as a direct result of activities assisted with funds provided under the Housing and Community Development Act of 1974, as amended. All replacement housing will be provided within three (3) years of the commencement of the demolition or rehabilitation relating to conversion.

 

Before obligating or expending funds that will directly result in such demolition or conversion, the Town of Brookneal will make public and advise the state that it is undertaking such an activity and will submit to the state, in writing, information that identifies:

 

1. A description of the proposed assisted activity;

 

2. The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as low/moderate-income dwelling units as a direct result of the assisted activity;

 

3. A time schedule for the commencement and completion of the demolition or conversion;

 

4. The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units;

 

5. The source of funding and a time schedule for the provision of replacement dwelling units;

 

6. The basis for concluding that each replacement dwelling unit will remain a low/moderate-income dwelling unit for at least 10 years from the date of initial occupancy; and

 

7. Information demonstrating that any proposed replacement of dwelling units with smaller dwelling units is consistent with the housing needs of low- and moderate income households in the jurisdiction.

 

The Town of Brookneal will provide relocation assistance to each low/moderate – income household displace by the demolition of housing or by the direct result of assisted activities. Such assistance shall be that provided under Section 104 (d) of the Housing and Community Development Act of 1974, as amended, or the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.

 

The Town of Brookneal FY 2008-2009, 2009-2010 project includes the following activities:

  • Façade improvements of certain commercial buildings within the project area
  • Streetscape improvements including repair/replacement/installation of sidewalks, crosswalks, street furniture, lighting, and landscaping
  • Rehabilitation of certain dwellings within the project area
  • Development of a downtown marketing plan

 

The activities as planned will not cause any displacement from or conversion of occupiable structures. As planned, the project calls for the use of existing right-of-way or easements to be purchased or the acquisition of tracts of land that do not contain housing.

 

The Town of Brookneal will work with the grant management staff, engineers, project area residents, and the Department of Housing and Community Development to insure that any changes in project activities do not cause any displacement from or conversion of occupiable structures.

 

In all cases, an occupiable structure will be defined as a dwelling that meets local building codes or a dwelling that can be rehabilitated to meet code for $25,000 or less.

 

 

Adopted by Brookneal Town Council on this 8th day of July, 2008

 

 

_________________________________

Signature of Authorized Official

 

_________________________________

Date

 

 

Brookneal Downtown Revitalization Project

Fair Housing Certification

 

 

Compliance with Title VIII of the Civil Rights Act of 1968

 

Whereas, the Town of Brookneal has been offered and intends to accept federal funds authorized under the Housing and Community Development Act of 1974, as amended, and

 

Whereas, recipients of funding under the Act are required to take action to affirmatively further fair housing;

 

Therefore, the Town of Brookneal agrees to take at least one action to affirmatively further fair housing each grant year, during the life of its project funded with Community Development Block Grant funds. The action taken will be selected from a list provided by the Virginia Department of Housing and Community Development.

 

Adopted by the Brookneal Town Council on this 8th day of July, 2008

 

_________________________________

Signature of Authorized Official

 

_________________________________

Date

Brookneal Downtown Revitalization Project

Grievance Procedure

 

 

The Town of Brookneal has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the

Department of Housing and Urban Development's (HUD) (24 CFR 8.53(b) implementing Section 504 of the Rehabilitation Act of 1973, as amended (29 USC 794).

 

Section 504 states, in part, that "no otherwise qualified handicapped individual . . . shall solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. . . ."

 

Complaints should be addressed to: Michael Crews, Interim Town Manager, 215 Main Street, Brookneal, VA 24528. 434-376-3124, who has been designated to coordinate Section 504 compliance efforts.

 

1. A complaint should be filed in writing or verbally contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations.

 

2. A complaint should be filed within seven days after the complainant becomes aware of the alleged violation. (Processing of allegations of discrimination occurring before this grievance procedure was in place will be considered on a case-by-case basis.)

 

3. An investigation, as may be appropriate, shall follow a filing of a complaint. The investigation will be conducted by Michael Crews, or his designee. These rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint. Under 24 CFR 8.53(b), the Town of Brookneal need not process complaints from applicants for employment or from applicants for admission to housing.

 

4. A written determination as to the validity of the complaint and description of resolution, if any, shall be issued by Michael Crews and a copy forwarded to the complainant no later than thirty days after its filing.

 

5. The Section 504 coordinator shall maintain the files and records of the Town of Brookneal relating to the complaints filed.

 

6. The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made within fifteen days to the honorable Phyllis Campbell, Mayor, Town of Brookneal.

 

7. The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies such as the filing of a Section 504 complaint with the Department of Housing and Urban Development. Utilization of this grievance procedure is not a prerequisite to the pursuit of other remedies.

 

8. These rules shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards and to assure that the Town of Brookneal complies with Section 504 and the HUD regulations.

 

 

Adopted on this 8th day of July, 2008

 

 

The Honorable Phyllis Campbell

Mayor, Town of Brookneal

 

RESOLUTION REGARDING SMITH MOUNTAIN LAKE AND THE STAUNTON RIVER

According to Councilperson Jean, the permits for the power company (AEP) determining the use and release of the water at Smith Mountain Lake are up for renewal.  They have been in development of this permit for 3 years.  However, the Smith Mountain Lake Association does not like the permit that has been developed.  They are trying to use politics to get around science.  It would cut back our water in the Staunton River by possibly 60% less than the driest point we reached during the drought last year.  All Town and County government bodies in this basin have been asked to pass this resolution.

 

Upon motion by Tracy Meisenbach, seconded by Stacey Hailey, and unanimously carried, the Council voted to adopt the following resolution.  A verbal vote was taken as follows:

 

Ms. Meisenbach         Aye                  Mr. Adams      Aye

Mr. Jennings               Aye                  Mr. Hailey       Aye

Mr. Jean                      Aye

 

Mayor Campbell         Aye

 

 

RESOLUTION OF THE TOWN OF BROOKNEAL REGARDING THE RELICENSING PROCESS OF THE SMITH MOUNTAIN/LEESVILLE PROJECT

The governing body of the Town of Brookneal, consisting of 7 members, in a regular meeting on the 8th day of July 2008, at which a quorum was present, resolved as follows:

 

 

Whereas, the Staunton River is an important economic, natural, historical, and recreational resource for all its localities, and

 

Whereas, future economic development of our region depends upon a healthy river for both tourism and water supply, and

 

Whereas, the relicensing process of the Smith Mountain/Leesville Project is now underway and will have long lasting impacts on the river, and

 

Whereas, adequate flows are necessary for sustaining the fishery, recreation, and water supply, and

Whereas, the recreational events associated with the Staunton River locally are of major importance to our communities,

 

Therefore, we do hereby urge the Virginia Department of Environmental Quality through its permitting processes to protect the natural resources of the Staunton River, including its fisheries and recreational values, and to balance all competing uses of the resource to assure equity during periods of drought.

 

 

 

_________________________________

Phyllis L. Campbell, Mayor

 

Attested:

 

 

______________________________

Bobbie A. Waller, Clerk/Treasurer

 

 

ITEMS FROM TOWN COUNCIL

Councilperson Adams thanked the Council and the police department for the use of the light and generator for the July 4th celebration at Red Hill.

 

Councilperson Meisenbach asked that the entire Council be notified of any meetings held regarding any of the grants the Town currently is receiving.

 

Councilperson Jennings asked about the policy manual in regards to the water treatment plant employees getting a $500 bonus when they received their certification.  Interim Town Manager Mr. Crews said that when the new pay scale went into effect, any bonuses for these certifications were eliminated.  The water treatment plant employees were given an increase with the new pay scale.  He also said that the $1,200.00 bonuses to employees for each 5 years of service to the Town were also eliminated.  Mr. Jennings asked that someone check into this matter.

 

ADJOURNMENT

Upon motion from Stacey Hailey and seconded by Robert Jean, Mayor Campbell announced that the July 8, 2008, Council meeting was adjourned.

 

 

 

 

___________________________                  ____________________________

Bobbie A. Waller                                             Phyllis L. Campbell

Clerk/Treasurer                                               Mayor

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Brookneal, VA 24528