November 10, 2009
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

Richard Adams (came in at 7:42 p.m.), Kenneth Jennings, Robert Jean, and Phillip Sheppard, Council Members

Buster Nicholson, Town Manager

Mike Crews, Public Works Director

Bobbie Waller, Clerk/Treasurer

Absent:  Tracy Meisenbach, Council Member

 

 

INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG

APPROVAL OF AGENDA

 

Upon motion by Robert Jean, seconded by James Nowlin, and unanimously carried, Council approved the agenda for the November 10, 2009, regular meeting of the Brookneal Town Council.

 

 

MINUTES

Upon motion by Robert Jean, seconded by Phillip Sheppard, and unanimously carried, Council approved the October 13, 2009, Town Council meeting minutes.

 

TREASURER’S REPORT

 

Mayor Campbell asked that the November 2009 treasurer’s report be filed for audit.

 

 

PRESENTATION AND APPROVAL OF INVOICES

 

Be it resolved that motion was made by James Nowlin, seconded by Kenneth Jennings, and unanimously carried, authorizing the payment of the invoices for the period of October 14, 2009, to November 10, 2009, in the amount of $13,170.15.

 

 

PUBLIC COMMENT

Mr. Howard Wells, of Booker Road, discussed the dead tree at the cemetery.  He was trying to make the point that the tree trimmer should be liable for his work if he did not advise the Town when he trimmed the tree that it may die.  Public Works Director Mike Crews said that he did indeed inform them that the tree may die when he trimmed it; so therefore, he is not liable for the tree dying.  Mr. Wells said that he was just trying to save the Town some money.

 

RESOLUTION FOR INTERIM FINANCING OF WATER PROJECTS

Herbert White from WW Associates was in attendance at the Council meeting to discuss the interim financing of the water project.  Mr. White explained a little bit about the funds that are available for the project which include $2,772,122 from USDA, $845,993 from EPA, $705,104 from ARRA (American Reinvestment and Recovery Act), and a match from the Town of Brookneal ($787,455).  The total bids received total $2,880,529.65, which includes the water plant bid for $992,000 from Littleton and Associates and the water line system bid of $1,888,529.65 from Haymes Brothers.  Since the bids came in so low, there will be funds left over.  Some of the potential projects to capture the remaining funds are a carbon feed facility and generator system for the water treatment plant, and being able to include Main Street and Rush Street in the water line system project.  There is potential to replace other waterlines not originally included and to paint the water tanks as well as a mixing system for the Hunter Road water tank and a plan to utilize the Main Street water tank.  To get all these elements included in the overall project, the Town cannot go to closing with USDA yet, so therefore, the Town will need to look at interim financing of $2.5 million to fund the project.  Per Town Manager Buster Nicholson, the Town cannot close twice per the stipulation of the grant, so the Town would lose the excess funds if we went to closing with USDA now.  He said since the bid for the water line project did come in so low from Haymes Brothers, the Town has a 90 window to accept that bid.  Mr. White reminded Council that the original estimate for the water line project in 2003-2004 was about $2.7 million.

 

The following is a proposed plan of action:

 

  • Award USEPA Contract for WTP and 12 inch waterline (Littleton + Haymes) (December 2009)
  • Prepare design and include carbon feed and generator in the awarded contracts to capture additional ARRA funds
  • Interim Finance $2,411,602
  • Award remaining Haymes contract with interim financing.
  • Proceed with design of Additional Potential Projects with fast track schedule
  • Bid additional potential projects
  • Close with USDA for additional projects and refund interim financing

 

Mr. White said that the inspection of the dam at the water treatment plant for an estimated $15,000 would also be included in the plan to use up remaining funds.  He said that an operation maintenance manual for the water plant for all the new equipment being installed was also included in the plan to capture remaining funds.

 

Mr. White updated the Council on the other projects that are currently going on as well.  The streetscape project for the downtown grant is ready for bid, but is waiting on the water project concerning the downtown water lines.  He said the wastewater project is within a week of being able to be advertised.  He said that before Christmas, the bids should be in hand.

Mayor Campbell noted that the resolution needed to be passed so that the money could be borrowed for the interim time, and this money would be paid back by the USDA along with the interest accrued on this loan.

 

Upon motion by Robert Jean, seconded by Kenneth Jennings, and unanimously carried, the Council voted to adopt the following resolution to borrow the money on an interim basis with the assurances that the Council has been given, so that the money is on the way to fund this resolution and this water project.

 

TOWN OF BROOKNEAL

RESOLUTION FOR INTERIM FINANCING OF WATER PROJECTS

 

WHEREAS, the Town of Brookneal has received bids for the construction of various improvements to the water treatment and distribution systems, and

 

WHEREAS, it is the desire of the Town of Brookneal to begin construction as soon as possible in order to take full benefit of favorable bid prices for the proposed work, and

 

WHEREAS, in order to move the projects forward it is necessary for the Town of Brookneal to borrow up to $2,500,000 as interim financing from a financial institution which will allow construction to begin and the Town to take advantage of additional federal funds that will be eligible to expand the scope of these projects, and

 

WHEREAS, the United States Department of Agriculture, Rural Development will fully reimburse the Town of Brookneal for all cost incurred as a part of this interim financing, including interest, and

 

WHEREAS, it is in the best interest of the Town of Brookneal to move forward with the solicitation of expressions of interest to secure said interim financing.

 

NOW THEREFORE BE IT RESOLVED, that the Town of Brookneal Town Council does hereby authorize the Town Manager to develop a Request for Proposals for interim financing in order to begin the construction of various water system improvements.

 

BE IT ALSO RESOLVED, that the Town Manager is to bring a recommendation back to the Town Council at the next earliest possible date in order to secure additional federal funds for these projects.

 

 

 

__________________________________________            __________________

Phyllis Campbell, Mayor, Town of Brookneal                               Date

 

 

 

__________________________________________            __________________

ATTEST - Bobbie Waller, Clerk, Town of Brookneal                    Date

PUBLIC WORKS REPORT

Public Works Director Mike Crews said that he had solicited three bids for the tree that needs to be removed from the cemetery.  He received two bids.  The bid from Davis Tree Service was $1,000 and the bid from Kevin’s Tree Service’s was $1,500.  Mr. Jean suggested waiting to see if Asplundh replies with a bid.  Upon motion by Robert Jean, seconded by Kenneth Jennings, and unanimously carried, the Council voted to proceed with the bid from Davis Tree Service if the Town has not heard back from Asplundh by November 17, 2009.  (Note:  Richard Adams came in during discussion of the tree at the cemetery.)

 

Mr. Crews told the Council that the fire hydrant on the corner of Harrison Street and Forest Street was going to be fixed.  He said he was waiting on the correct kit to be delivered to fix the hydrant.  All other hydrants that need repair or replacement would be covered with the water grant.  Mr. Crews then proceeded to discuss putting up Christmas decorations.  He said that he was going to have to have a bucket truck to put the decorations up.  He said that he had talked to Hawkins and Graves in Lynchburg about a bucket rental.  The bucket that you haul behind a truck is $150 per day or $450 per week.  He said it would probably take 2 days to put all of them up.  He said he had contacted Bo’s Hydraulics also.  They have a bucket truck to drive that is $250 per day or $650 per week.  Mr. Crews said he would check with some local people such as Billy Davis and Rodney Mason also that have bucket trucks and maybe offer a donation if they would allow the Town to use their truck.  Mr. Crews also said that Embarq has approved the use of their electricity for the Christmas lights on the Bradford pears in front of their building.

 

He also announced that the Thanksgiving trash collection will be on Wednesday, November 25, 2009, for the normal Thursday customers.

 

 

TOWN MANAGER’S REPORT

Town Manager Buster Nicholson updated the Council on the downtown project and distributed a draft copy of the economic restructuring plan that was done by Arnett Muldrow & Associates.  He asked Council to bring back any comments on this draft plan by December 1.  He told the Council that he had done some research on the cell phone plan as had been requested at the last Council meeting.  He said that our current contract is not up until August 2010, but as of right now, there is no comparison to what we have.  He said that he would look into this in more detail when our contract comes up for renewal in August.

 

Mr. Nicholson also relayed to the Council information concerning recycling that was brought up at the October 2009 Council meeting.  He said he had talked to BSW about their recycling program, since they are working with the Town of Altavista on their recycling program.  The delivery is free for the setup, with a fee of $135.00 per dump.  If the container is contaminated, there is a $35.00 fee per ton.  The dumpster fee is $130.00 per month.  Altavista has been dumping their containers five times per month.  Mr. Jennings asked Mr. Nicholson to do a follow up to see if the Town would save money by doing this versus what we now pay in landfill fees.

 

Mr. Nicholson said that he, Mr. Crews and Mr. Scott Smith were looking at the community building and assessing what needs to be done to it.  He said that he had a meeting in Lynchburg with DEQ this past week, and he said that they are very excited about the changes that are coming for the wastewater treatment plant.

 

Mr. Nicholson said that he knew there was some concern about the payscale.  He said that he and Mrs. Waller did some research of the minutes of November 12, 2006, when the Council adopted the new payscale plan.  After some review of the plan and the status of all the employees in reference to the plan, he determined that all employees are being compensated correctly per the plan.

 

Mr. Nicholson also presented the police report.  There were 13 tickets issued since the last Council meeting with the police department assisting Campbell County on one case.

 

Councilperson Jean noted that Mr. Nicholson had delivered the police report in the absence of Chief Cousins.  Councilperson Jean said that it was suggested at the last Council meeting that Chief Cousins come by when the Council meeting started and assess the crowd to see if he needed to stay for the Council meeting.  Mr. Jean requested that Mr. Nicholson ask the Chief to do this for future meetings.  Mr. Jean asked Mr. Nicholson if he had directed the Chief not to come at all, to which Mr. Nicholson replied no.  Mayor Campbell suggested that Mr. Nicholson handle the entire issue with Chief Cousins and his attendance at the meetings.  Mr. Jean also suggested that the public works report could be submitted to Mr. Nicholson as well and left to his discretion if Mr. Crews needed to attend the Council meeting.  Mr. Nowlin said he felt that the Chief and Mr. Crews need to be at the meetings.  Mr. Crews said that he felt that he had put a lot of work into all the projects that are in process, and he felt that it was a crucial time right now with all the grants.  He said he was working his time around being at the meeting without incurring overtime.  Mr. Jean said that he had requested an overtime report for the past month, and he was pleased that all employees were within the framework of where they were supposed to be.  Mr. Jennings said that he agreed with Mr. Crews on his points.  He felt like he did need to be at the meetings.  Mr. Adams also agreed with Mr. Crews that we were at crucial moments on the grants, and that he felt he needed to be here at least in the next year.

REQUEST FOR TRANSFER OF APPROPRIATION

Upon motion by Kenneth Jennings, seconded by Richard Adams and unanimously carried, the Council approved the following request for transfer of appropriation.

REQUEST FOR TRANSFER OF APPROPRIATION

To:       Brookneal Town Council

Date:    November 10, 2009

The following Appropriation Transfers are requested:

General Fund

Category—Expense ADD New Total

Information Technology—01-1227-5403                                    $  180.00                     $ 3,680.00

Category—Expense DELETE New Total

Books & Subscriptions—01-1227-5411                          $  180.00                     $    220.00

To cover invoice from Brookneal.net for computer repairs to Bobbie’s and Buster’s computers.

General Fund

Category—Expense ADD New Total

Sanitation—Repair & Maintenance—01-4203-5407                     $ 1,200.00                   $4,000.00

Category—Expense DELETE New Total

Contingency Fund—01-8102-7010                                             $ 1,200.00                   $ 1,905.00

To hopefully cover cost of repairs and maintenance to the old trash truck until the new sanitation vehicle arrives.

General Fund

Category—Expense ADD New Total

Town Manager—Travel—01-1201-5500                          $   600.00                    $    600.00

Category—Expense DELETE New Total

Contingency Fund—01-8102-7010                                             $   600.00                    $            1,305.00

To cover cost of travel for Town Manager for FY10 since no monies were budgeted for this line item.

General Fund

Category—Expense ADD New Total

Telecommunications—01-1228-5203                                         $ 600.00                       $ 4,300.00

Category—Expense DELETE New Total

Contingency Fund—01-8102-7010                                             $ 600.00                       $    705.00

To cover cost of the Town Manager’s cell phone for FY10 since no monies were budgeted for this item.

Respectfully requested by:

_________________________________

Treasurer

_________________________________

Date

CHRISTMAS BONUS FOR TOWN EMPLOYEES

Upon motion by Kenneth Jennings, seconded by Richard Adams, and unanimously carried, the Council approved a Christmas bonus of $200.00 net to each of the Town employees.

 

COMPREHENSIVE PLAN

Mayor Campbell said that a comprehensive plan has been discussed in length at prior meetings, so that the Town can get ideas on where it is going and where it wants to go and set some goals.  This also needs to be done for our tobacco grant for the wastewater project.  She said that at the time it was discussed, we did not have a town manager, and the Town had talked to the Regional Commission about doing it.  They had agreed to do the comprehensive plan for $8,000.  In the meantime, Mr. Nicholson was employed on July 1, 2009, as the Town Manager.  After discussion with Mr. Nicholson, he feels that outside of his hours working for the Town, he can do the comprehensive plan and keep up with his hours for that project, considering that he does know he is going to have to contract some of the things out such as the mapping.  The Regional Commission may have to help some also.  Mayor Campbell asked if the Council would agree in a motion to have Mr. Nicholson do the comprehensive plan at the fee of $8,000 not included in the hours he works for the Town, but on his own time.  Councilperson Jean made a motion to allow Mr. Nicholson to do the comprehensive plan as long as he keeps a separate log of his hours working for the Town and his hours working on the comprehensive plan.  Mr. Jennings seconded the motion, and it was unanimously carried.  Mayor Campbell clarified that the total amount the Town could expend on the project was $8,000, and anything Mr. Nicholson would need to contract out would be out of the $8,000.  Mr. Adams asked Mr. Nicholson what the timeline would be on the project, and Mr. Nicholson said that David Laurrell, Campbell County Administrator, wanted the plan done by June 2010.  Clerk/Treasurer Bobbie Waller asked how the funding was going to be disbursed to Mr. Nicholson.  Mayor Campbell asked that Mr. Nicholson present a plan of how he wants it disbursed.  Mr. Adams pointed out that it all needs to be done within this fiscal year.  Since it was not budgeted in this fiscal year, he suggested looking at the budget to see where the Town can get those funds and what line items can be trimmed to get those funds by the end of the fiscal year.  He suggested getting Mr. Nicholson’s and Mrs. Waller’s feedback on the issue.

 

 

MUTUAL AID AGREEMENT RESOLUTION

 

After some discussion, a motion was made by Kenneth Jennings, seconded by Robert Jean, and unanimously carried, so therefore, the Council approved the following mutual aid agreement resolution.

 

RESOLUTION

WHEREAS, for a number of years the cities, counties and towns in Central Virginia and their law enforcement agencies have participated in mutual aid agreements; and,

WHEREAS, these mutual aid agreements have (a) helped promote regional corporation among law enforcement agencies (b) helped participating jurisdictions provide necessary law enforcement services during emergencies and (c) helped enhance the overall quality of law enforcement services in Central Virginia;

WHEREAS, by resolution adopted on August 13th, 2002, Town Council authorized the Town of Brookneal to enter into a written mutual aid agreement (last updated August 1, 2009), with the Amherst County Sheriff's Department, the Appomattox County Sheriff's Department, the Bedford County Sheriff’s Department, the Campbell County Sheriff’s Department, the Lynchburg Sheriff’s Department, the city of Lynchburg, the Town of Altavista, the Town of Amherst, and the City of Bedford; and,

WHEREAS, these mutual aid agreements need to be amended from time to time to reflect amendments to the Virginia Code, to add new parties, etc.; and,

WHEREAS, the Sheriffs’ Departments for Nelson County and Pittsylvania County have requested that they be allowed to participate in the mutual aid agreement along with the cities, counties and towns and other law enforcement agencies in Central Virginia;

NOW, THEREFORE, BE IT RESOLVED that the Brookneal Town Council hereby authorizes the Town to enter into a written mutual aid agreement with the Amherst County Sheriff's Department, the Appomattox County Sheriff's Department, the Bedford County Sheriff s Department, the Campbell County Sheriffs Department, the Lynchburg Sheriff’s Department, the City of Lynchburg, the Nelson County Sheriff's Department, the Pittsylvania County Sheriff's Department, the Town of Altavista, the Town of Amherst, the City of Bedford and such other cities, counties and towns and law enforcement agencies in the Central Virginia area as may be appropriate for the joint use of law enforcement forces, both regular and auxiliary, equipment and materials, in order to maintain the peace and good order, and the Town Manager is authorized to execute such an agreement on behalf of the Town of Brookneal.

BE IT FURTHER RESOLVED the Brookneal Town Council hereby approves the Town’s participation in future law enforcement mutual aid agreements with the cities, counties and towns in Central Virginia and their law enforcement agencies and at such times as those mutual aid agreements need to be updated and amended, the City Council authorizes the Town Manager to sign such future law enforcement mutual aid agreements on behalf of the Town.

Adopted:  November 10, 2009

 

 

Certified:_____________________

Clerk of Council

ITEMS FROM TOWN COUNCIL

Mayor Campbell thanked VDOT for working on the tracks near the Burgers, Shakes & Cream.  Councilperson Jean said that he thought everyone was aware of the letter that was published in the newspaper by Chief Cousins that was fairly derogatory of a fellow council member (Mr. Jennings).  He felt that Chief Cousins should have talked to Mr. Jennings about this issue.  He said he hoped that any employee that was disgruntled with a council member, public works director, mayor, or the town manager would approach that person and discuss it rather than air it in the newspaper.  Secondly, he said that if he was going to air something in the newspaper, he would make sure it was better written since the Chief of Police is a representative of the Town of Brookneal.  Councilperson Adams said that he thought that Mr. Jennings’ intentions on the overtime were well taken at the last Council meeting.  He asked that personnel items be placed where they should be placed.  He said the whole issue probably should have been handled by the Town Manager as opposed to an open meeting.  Mr. Nowlin advised that the Council be a little more cautious when they make comments about personnel to each other.

 

 

PUBLIC COMMENT

Tamer Ragab, of Joy Foods Store in Brookneal, commented that he would like to see the police report broken down by tickets written by each officer and made available for public knowledge.  He noted that a state trooper came into town and wrote 15 tickets in one day, but the Brookneal officers only wrote 13 tickets in one month.  He said that people screen who is on duty, and so drug activities and others are filtered as to when they can be done.  He said the calls should be taken by some sort of center that distributes the calls, so that you can eliminate favoritism and measure the quality of the phone calls.

ADJOURNMENT

Upon motion from Robert Jean, seconded by Richard Adams, and unanimously carried, Mayor Campbell announced that the November 10, 2009, Council meeting was adjourned.

 

 

 

 

___________________________                  ____________________________

Bobbie A. Waller                                             Phyllis L. Campbell

Clerk/Treasurer                                               Mayor

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