October 11, 2011

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, Robert Jean (arrived at 7:10), Tracy Meisenbach, Mark Wilkes and Barbara Laprade Council Members

Russell B. Thurston, Town Manager

Bobbie Waller, Clerk/Treasurer

Mike Crews, Public Works Director

Ricky Baldwin, Chief of Police

Absent: James Nowlin, Vice Mayor

INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG

PUBLIC HEARING TO RECEIVE COMMENTS ON THE ADOPTION OF THE LOCAL/REGIONAL WATER SUPPLY PLAN AND DROUGHT ORDINANCE

Mayor Campbell opened the public hearing at 7:02 p.m. This public hearing is to receive comments from the public on the adoption of the local/regional water supply plan and drought ordinance. Town Manager Russell Thurston said that this plan is a tremendous body of work done by Draper Aden that looks at the demand for water versus the supply of water available. He said that it is projected that the Town of Brookneal will have a water surplus at least for the next 50 years. He said most other towns in the region are projected to have a water shortage as they move forward.

Mr. Howard Wells of Booker Road expressed his concerns about the cows all along the area leading to the Town's water source, the Phelps Creek Reservoir. Mayor Campbell said that she thought that farmers that care about their land are trying to keep the water clean. Mr. Thurston said that this was a county issue. He said there is a program being looked at by the County concerning storm water and rain water runoff. He said that the County is looking at ways to treat and process that water through some type of water treatment process which may result in some extra taxes for the taxpayers.

Mayor Campbell closed the public hearing at 7:09 p.m.

APPROVAL OF AGENDA

Upon motion by Richard Adams, seconded by Mark Wilkes, and unanimously carried, Council approved the agenda for the October 11, 2011, regular meeting of the Brookneal Town Council with the following addition: 1) Additional playground equipment

MINUTES

Upon motion by Barbara Laprade, seconded by Robert Jean, and unanimously carried, Council approved the September 13, 2011, Town Council meeting minutes.

TREASURER'S REPORT

Mayor Campbell asked that the October 2011 treasurer's report be filed for audit.

PRESENTATION AND APPROVAL OF INVOICES

Be it resolved that motion was made by Mark Wilkes, seconded by Richard Adams, and unanimously carried, authorizing the payment of the invoices for the period of September 14, 2011, to October 11, 2011, in the amount of $11,970.14.

PUBLIC COMMENT

Ronnie Davis, of Caroline Avenue, (mailing address P. O. Box 171, Naruna), appeared before Council concerning a sewage problem he is experiencing at his property on Caroline Avenue. He said that he has been told by the Town that it is not a Town problem. He said the sewage backs up in his house when there are heavy rains. He said he wants a resolution to this problem that has been going on for a couple of years. Mayor Campbell said Mr. Thurston and Mr. Crews will work on solving the problem.

POLICE REPORT

Police Chief Ricky Baldwin presented the police report for September to the Council members.

Chief Baldwin said that Friday, October 7 was Officer Billy Mitchem's last day with the Town police department. He read Officer Mitchem's resignation letter.

Chief Baldwin also said that he received a notice from the COPS grant program saying that our request had not been denied, but at this time the Town did not receive anything.

PUBLIC WORKS REPORT

Public Works Director Mike Crews said the downtown water tank is complete and on line and last week, the Hunter Road tank was completed and put back on line. Mr. Crews said that the downtown project, Phase 2 for Rush Street is being held up by concerns from VDOT. He said WW Associates is working on addressing those concerns.

FALL CLEAN UP

Mr. Crews said fall clean up is going to be October 24 through November 4, 2011.

TOWN MANAGER REPORT

Town Manager Russell Thurston said that the meeting held on Saturday, October 8, 2011, about Brookneal's Economic Development Plan went well. He said banners for Main Street have been ordered. He said he thought the Town was looking very nice with all the improvements that have been done. He said he and Mr. Crews had plans to improve some of the Town's properties. He noted the following service awards for Town employees:

Chief Baldwin 1 year this month

Bobbie Waller 5 years on Oct. 12

Kevin Williams 3 years on Oct. 6

Mike Crews 19 years on Oct. 19

Lacy Littles 40 years

Larry Broggin 33 years

He said the question was asked at the last meeting about earthquake insurance for the Town of Brookneal. He said the town does have $1 million dollars worth of earthquake insurance, but the underground water lines are not included. Mr. Thurston thanked Councilperson Adams for giving a presentation on airport safety to the employees. Mr. Thurston also asked Council to help Chief Baldwin and not raise any unnecessary attention to what is happening with our personnel issues in the police department.

Councilperson Laprade praised Mr. Thurston for his efforts for Saturday's meeting and his enthusiasm for the Town.

RESOLUTION FOR THE REGIONAL WATER SUPPLY PLAN

Upon motion by Tracy Meisenbach, seconded by Mark Wilkes and unanimously carried, the Council voted to approve the following resolution for the regional water supply plan:

A verbal vote was taken as follows:

Mr. Wilkes Aye Mr. Jean Aye

Ms. Meisenbach Aye Ms. Laprade Aye

Mr. Adams Aye Mayor Campbell Aye

A RESOLUTION APPROVING THE REGION 2000 REGIONAL WATER SUPPLY PLAN.

WHEREAS, Virginia State Water Control Board Regulation 9 VAC 25-780, Local and Regional Water Supply Planning, requires all counties, cities and towns in the Commonwealth of Virginia to prepare and submit a water supply plan to the Department of Environmental Quality (DEQ); and

WHEREAS, the Town of Brookneal, is a participant in the Region 2000 Regional Water Supply Planning Group as reported to DEQ by letter before the November 2, 2008 deadline; and

WHEREAS, on October 11, 2011, the Town of Brookneal held a public hearing to accept public comment on the Regional Water Supply Plan; and

WHEREAS, the adopted Regional Water Supply Plan will be submitted to the DEQ on or before November 2, 2011.

NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town of Brookneal hereby adopts the Region 2000 Regional Water Supply Plan as it pertains to Brookneal. Approval and adoption of this regional plan indicates support for and general agreement with the regional planning approach, but does not indicate approval or disapproval of conclusions and recommendations presented in the plan as they pertain to other localities. Brookneal reserves the right to comment on specific water supply alternatives in the future even though such alternatives may be recommended in this adopted plan. Brookneal will not be limited to specific water supply alternatives in this adopted plan and reserves the right to recommend additional alternatives for consideration in the future.

BE IT FURTHER RESOLVED that the Town Council of the Town of Brookneal intends that the Regional Water Supply Plan shall be revised to reflect changes in relevant data at least once every five years and resubmitted to DEQ every ten years in accordance with the regulation and sound planning practice.

PASSED, APPROVED AND ADOPTED by the Town Council of the Town of Brookneal at a meeting held on October 11, 2011.

ATTEST:

_____________________________ _________________________

Mayor Clerk/Treasurer

DROUGHT ORDINANCE FOR THE WATER SUPPLY PLAN

Upon motion by Tracy Meisenbach, seconded by Robert Jean, and unanimously carried, the Council approved the following drought ordinance for the water supply plan:

CHAPTER 97: WATER SUPPLY DROUGHT CONDITIONS

97.01 Authority to declare water emergencies.

During the continued existence of climatic, hydrological and other extraordinary conditions the protection of the health, safety and welfare of the residents of the Town of Brookneal may require that certain uses of water, not essential to public health, safety and welfare, be reduced, restricted or curtailed. As the shortage of raw or potable water becomes increasingly more critical, conservation measures to reduce consumption or curtail nonessential water use may be necessary.

The Town Manager or Mayor is authorized to declare a water emergency in the Town restricting the use of water in any area of the Town. All water stages are built upon and require compliance with previous water stages. For example when a drought emergency is declared all provisions of a drought warning are in effect. Also the Town Manager or Mayor may declare any of the three stages; they do not have to be declared sequentially.

97.02 Publication of declaration.

Upon the declaration of a water emergency, the Town Manager or Mayor shall immediately post a written notice of the emergency at the front door of the town hall and shall place a notice in a newspaper of general circulation in the area in which such emergency has been declared and shall have declaration posted on town website.

97.03 Water use considerations.

Upon the declaration of a water shortage or emergency, the Town Manager or Mayor is authorized and directed to implement conservation measures by ordering the restricted use or absolute curtailment of the use of water for certain nonessential purposes for the duration of the water shortage or emergency in the manner hereinafter set out. In exercising this discretionary authority, and making the determinations set forth hereof, the Town Manager or Mayor shall give due consideration to water levels, available/usable storage on hand, draw down rates and the projected supply capability; system purification and pumping capacity; daily water consumption and consumption projections of the system's customers; prevailing and forecast weather conditions; fire service requirements; pipeline conditions including breakages, stoppages and leaks; supplementary source data; estimates of minimum essential supplies to preserve public health and safety and such other data pertinent to the past, current and projected water demands.

97.04 Limitation of restrictions.

The provisions of this article shall not apply to any governmental activity, institution, business or industry which shall be declared by the Town Manager or Mayor, upon a proper showing, to be necessary for the public health, safety and welfare or the prevention of severe economic hardship or the substantial loss of employment. Any activity, institution, business or industry aggrieved by the finding of the Town Manager or Mayor may appeal that decision to the Town Council.

97.05 Water conservation measures.

Upon a determination by the Town Manager or Mayor of the existence of the following conditions, the Town Manager or Mayor shall take the following actions that shall apply to any person whose water supply is furnished from the public water system:

(a) Drought Watch: When moderate but limited supplies of water are available and a drought watch is declared in accordance with the Drought Response and Contingency Plan, the Town Manager or Mayor shall, through appropriate means, call upon the general population to employ prudent restraint in water usage, and to conserve water voluntarily by whatever methods available.

(b) Drought Warning: When very limited supplies of water are available and a drought warning is declared in accordance with the Drought Response and Contingency Plan, the Town Manager or Mayor shall order curtailment of less essential usages of water, including, but not limited to, one or more of the following:

(1) The watering of shrubbery, trees, lawns, grass, plants, or any other vegetation, except indoor plantings, greenhouse or nursery stocks and except limited watering for new lawns and watering by commercial nurseries of freshly planted plants upon planting and once a week for five (5) weeks following planting. Athletic fields are also exempt but shall only be watered to match the evaporation-transpiration rate. In all cases where the above exceptions apply, the watering is not to occur between the hours of 8:00 a.m. and 8:00 p.m. Watering with buckets that have a capacity of five (5) or fewer gallons is permitted at any time.

(2) The washing of automobiles, trucks, trailers, boats, buses, airplanes, or any other type of mobile equipment, except in facilities operating with a water recycling system. The facility shall post a notice in public view that a recycling system is in operation. Exceptions are for vactor trucks, refuse trucks, septage haulers and buses. Other exceptions must be approved by the director of utilities or a designee and be demonstrated to be necessary for health and safety purposes.

(3) The washing of sidewalks, streets, driveways, parking lots, service stations aprons, office buildings, exteriors of homes or apartments, or other outdoor surfaces, unless the use is approved by the director of utilities for health and safety.

(4) The operation of any ornamental fountain or other structure making a similar use of water.

(5) The use of water from fire hydrants for any purpose other than fire suppression unless the use has been approved by the Town.

(6) Water service lines from the meter box to the home or structure shall be maintained and have no visible leaks.

(7) Restaurants may serve water to customers only upon request.

(c) Drought Emergency: When a drought emergency is declared in accordance with the Drought Response and Contingency Plan, the Town Manager or Mayor shall restrict the use of water to purposes which are absolutely essential to life, health and safety.

97.06 Penalty and enforcement.

(a) Any person who violates any provision of this article shall be subject to the following civil penalties:

(1) For the first offense, violators shall receive a written warning delivered in person or posted by a representative of the Town.

(2) For the second offense, violators shall be fined fifty dollars ($50.00), the fine to be imposed on the violator's next water bill, or in the case of violators not on the public water system, in a written notice.

(3) For the third and each subsequent offense, violators shall be fined one hundred dollars ($100.00) for each offense, the fine to be imposed on the violator's next water bill, or in the case of violators not on the public water system, in a written notice.

(4) Each violation by a person shall be counted as a separate violation by that person, irrespective of the location at which the violation occurs.

(5) The Town Manager or Mayor may suspend water service to any person continuing to violate the provisions of this article or the regulations promulgated thereunder. If such water service is terminated, the person shall pay a reconnection fee of fifty dollars ($50.00) before service is restored.

(b) Persons who have been assessed a penalty shall have the right to challenge the assessment by providing a written notice to the Town Manager or Mayor within ten (10) days of the date of the assessment of the penalty. The Town Manager or Mayor or their designee shall determine whether the penalty was properly assessed and notify the complaining person in writing of his determination.

(c) The Town Manager or Mayor or their designee may waive the penalty if determined that the violation occurred due to no fault of the person.

97.07 Notification of end of water emergency.

The Town Manager or Mayor shall notify the Town Council when, in their opinion, the water emergency situation no longer exists. Upon concurrence of the Town Council, the water emergency shall be declared to have ended. When this declaration is made, the information shall be conveyed to the general public through the news media.

MOTION FOR DOWNTOWN REVITALIZATION OVERLAY DISTRICT

The Physical Development Committee discussed this plan in the 6:00 p.m. meeting before the Council meeting. Councilperson Meisenbach asked that on Section 5 "Architectural Treatment" of the plan that something be added about window glass because she said it is really tacky to drive down Main Street and see broken glass.

Upon motion by Tracy Meisenbach, seconded by Robert Jean and unanimously carried, the Council approved the downtown revitalization overlay district plan with changes noted.

TRANSFERS OF APPROPRIATION

Upon motion by Robert Jean, seconded by Richard Adams, and unanimously carried, the Council approved the following transfers of appropriation:

REQUEST FOR TRANSFERS OF APPROPRIATION

To: Brookneal Town Council

Date: October 11, 2011

The following Appropriation Transfers are requested for FY2012:

General Fund As of 10/07/11

Category—ExpenseADD New Total Balance in Account

Police—Line of Duty Act—01-3101-5309** $ 467.78 $ 467.78 $ 0.00

Category—Expense DELETE New Total Balance in Account

Police—Liability Insurance—01-3101-5308 $ 467.78 $ 4,732.22 $ 2,434.80

To cover the line of duty act coverage as required by the 2011 Appropriations Act of the General Assembly.

**NEW ACCOUNT

General Fund As of 10/07/11

Category—Expense INCREASE New Total Balance in Account

Other—Misc. Revenue—01-1899-1300 $ 1,359.85 $ 3,159.85 $ N/A-revenue acct.

Category—Expense INCREASE New Total Balance in Account

Sanitation—Repairs & Maint—01-4203-5407$ 1,359.85 $ 4,359.85 $ (486.80)

To account for reimbursement received from Tom's Truck Sales on warranty work done and paid for by the Town to the 2010 Kenworth Sanitation Vehicle.

General Fund As of 10/07/11

Category—Expense ADD New Total Balance in Account

Sanitation—Repairs & Maint.-01-4203-5407$ 1,000.00 $ 5,359.85 $ 513.20

Category—Expense DELETE New Total Balance in Account

Contingency Fund—01-8102-7010 $ 1,000.00 $ 21,974.40 $ 21,974,.40

To cover repairs made to the 1993 Sanitation Vehicle.

Respectfully requested by:

_________________________________

Treasurer

_________________________________

Date

PLAYGROUND EQUIPMENT

Councilperson Mark Wilkes proposed that the Town purchase a swing set for the ballpark at approximately $2,000 from CDBG owner payment funds. Upon motion by Tracy Meisenbach, seconded by Mark Wilkes, and unanimously carried, the Council voted to purchase the swing set for the ballpark from the CDBG owner payment funds.

COMMITTEE RECOMMENDATIONS

Clerk/Treasurer Bobbie Waller on Vice Mayor Nowlin's behalf told the Council that Tally Updike from Childrey Baptist Church has requested use of the community building for a breakfast/brunch with Santa on Saturday, December 3. Upon motion by Tracy Meisenbach, seconded by Robert Jean, and unanimously carried, the Council voted to allow Ms. Updike use of the building on December 3 at no charge.

ITEMS FROM TOWN COUNCIL

Councilperson Laprade presented a corrected copy of the proposal for Rural Sourcing. After discussion on a few additions and corrections, the Council voted to pursue the submittal of this proposal. Upon motion by Tracy Meisenbach, seconded by Robert Jean and unanimously carried, the Council voted to submit the proposal for the Town of Brookneal to Rural Sourcing, Inc.

Councilperson Meisenbach asked if there was a map of the Wickliffe Cemetery that details where graves are located. She said it would be helpful in searching for graves. Councilperson Jean said that the Staunton River Historical Society has an ongoing project listing all cemeteries in the area. He said the Society sold cemetery books, and if they don't currently have this cemetery in there, then it would be a good project for them.

Councilperson Adams said that the new brick pavers on Main Street are collecting water, and that may cause a problem in the winter time with ice and snow. Mr. Adams also said that a few months ago there was a request concerning the cemetery and cremations. He asked that this be put on the agenda for the next meeting. He also said that the Town is not members of the Economic Development side of the Region 2000. He said Gary Christie was going to check on getting information for the Town on joining this organization. Mr. Adams also said he had a preliminary conversation with a small hotel chain that has an interest in Brookneal.

ADJOURNMENT

Upon motion from Mark Wilkes, seconded by Tracy Meisenbach, and unanimously carried, Mayor Campbell announced that the October 11, 2011, Council meeting was adjourned.

___________________________                                ____________________________

Bobbie A. Waller                                                            Phyllis L. Campbell

Clerk/Treasurer                                                            Mayor

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Brookneal, VA 24528