December 13, 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

James Nowlin, Vice Mayor

Richard Adams, Robert Jean, 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

INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG

PUBLIC HEARING FOR TOWN'S APPLICATION FOR A TEA-21 GRANT

Mayor Campbell opened the public hearing at 7:01 p.m. Mayor Campbell said the purpose of the public hearing is to receive comments on the town applying for a Transportation Enhancement Grant to fund a third phase of the downtown streetscape project, which may include improvements to sidewalks, crosswalks, and lighting on portions of Lynchburg Avenue and Main Street. Mr. Howard Wells asked how far up Lynchburg Avenue would this go. Town Manager Russell Thurston said it would depend upon funding, but Main Street would be the primary objective. He said the amount applied for is $460,000. Since there were no more comments, Mayor Campbell closed the public hearing at 7:04 p.m.

APPROVAL OF AGENDA

Upon motion by Robert Jean, seconded by Richard Adams, and unanimously carried, Council approved the agenda for the December 13, 2011, regular meeting of the Brookneal Town Council with the following addition: 1) Motion to apply for transportation enhancement grant.

MOTION TO APPLY FOR THE TRANSPORTATION ENHANCEMENT GRANT

Upon motion by Robert Jean, seconded by James Nowlin, and unanimously carried, Council voted to apply for the Transportation Enhancement Grant to fund a third phase of the downtown streetscape project.

MINUTES

Upon motion by Barbara Laprade, seconded by Mark Wilkes, and unanimously carried, Council approved the November 8, 2011, Town Council meeting minutes.

TREASURER'S REPORT

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

PRESENTATION AND APPROVAL OF INVOICES

Councilperson Wilkes commented that he noticed in the invoices for this month that money is being spent on repairs for some of the old vehicles. He said that we need to look at getting some new vehicles because we are spending more money in repairs than the vehicles are worth. Mayor Campbell noted that when the Town begins working on the budget in February, that is going to be a concern for the coming budget year. Be it resolved that motion was made by James Nowlin, seconded by Mark Wilkes, and unanimously carried, authorizing the payment of the invoices for the period of November 9, 2011, to December 13, 2011, in the amount of $26,558.30.

PUBLIC COMMENT

Ronnie Davis, of Caroline Avenue, appeared before Council concerning the sewer problem at his residence. He has appeared before Council previously for this same problem, and he asked Mr. Crews and Mr. Thurston if his problem was fixed. Mr. Crews said that the problem is that someone on that line is putting wipes in the sewer, and since the line is such a long run, the water is outrunning the solids. He said he and the town manager went to the houses on the line and discouraged them from putting the wipes in the lines, but no one would admit to putting them in the line. He said this has happened repeatedly. Mr. Davis asked if he could run a new line across his yard and Curtis Wilkes' yard and hook on to another sewer line. Mr. Davis said he would pay for the new pipe to do it. Mr. Crews said the matter would have to be worked out between Mr. Davis and Mr. Wilkes, and the Town would hook the new line to the main line. He said Mr. Davis would have to have the work done at his own cost. Councilperson Jean noted that he thought it was the Town's responsibility to see that people in the town limits have a working sewer line. Mr. Crews told Mr. Davis that he had a simpler and cheaper solution to his problem, and he would get with him after the meeting to discuss it.

POLICE REPORT

Chief Baldwin introduced Clif Mason, who is the new police officer for the Town of Brookneal. He said Clif will start the police academy on January 17, 2012. Chief Baldwin passed the police report for November out to Council members.

PUBLIC WORKS REPORT

Public Works Director Mike Crews said that he checked on Councilperson Meisenbach's request to have livestock issues included in the Hazardous Mitigation Plan. He said there is nothing in the plan that pertains to cattle trailers, horse trailers, or livestock.

He said paving has started from the Union Star building down to the driveway below Food Lion.

He said on the next paving plan, they will hopefully finish Old Main Street and the rest of Main Street.

He said Harman Saunders is still working on warranty items on the lights on Main Street.

TOWN MANAGER REPORT

Town Manager Russell Thurston said that the fundraiser for new Christmas decorations was a huge success. The fundraising exceeded expectations. Mr. Thurston said the employee luncheon on December 2 went really well, and he said Lacy Little and Larry Broggins were honored for their years of service. He said there would be a meeting here tomorrow with Campbell County Director of Emergency Services Scott Hechler, Campbell County Fire Marshall Randall Johnson, and some VDOT employees to give the Town some coaching on managing traffic in an accident zone. They will also review the emergency operations plan for Campbell County, and how the town fits in with that plan.

Mr. Thurston said he was working on some delinquent tax and business license issues.

• TOWN CHARTER ISSUE REGARDING ELECTIONS

Mr. Thurston said that it was brought to his attention that the town charter does not reflect current state election laws. He said he had had a very hard time getting a straight answer on whether or not the town charter must be revised. He said the only town that revised their charter is the Town of Blacksburg. He said that in talking with Martha Brissette with the State Board of Elections, she said that there is no state mandate to change the town charter, but the Town must comply with state law if there is a vacancy on the Town Council. She told Mr. Thurston that it was not in the best interest right now to invest time and money to do this. Mr. Thurston said the council needs to decide by motion or resolution to change the charter at this time. Ms. Meisenbach said that the conflict came up with the last vacancy in 2010 when the state changed the law three weeks before Phillip Sheppard resigned. She said the charter said the Town filled the position one way and state law said a different way, and it took several weeks to get an answer. She said if at this time, the Council does not want to go to that expense, then at some point some of the archaic language will need to be removed from the charter. She said it may be more pertinent to wait until there are 3 or 4 things that need to be changed and do it all at one time. She said somebody could make a big stink about it just to be honery. She said that as there is Council turnover, it needs to be looked at. Consensus was to leave the charter alone at this time.

RESOLUTION FOR CAMPBELL COUNTY ALL HAZARDS ALL DISCIPLINE PLAN (EMERGENCY OPERATIONS PLAN)

Upon motion by Tracy Meisenbach, seconded by James Nowlin, and unanimously carried, the Council approved the following resolution for the Campbell County All Hazards All Disciplines Plan.

A verbal vote was taken as follows:

Ms. Laprade Aye Mr. Adams Aye

Mr. Jean Aye Mr. Nowlin Aye

Mr. Wilkes Aye Ms. Meisenbach Aye

Mayor Campbell Aye

ADOPTION OF THE CAMPBELL COUNTY ALL HAZARDS ALL DISCIPLINES PLAN (EMERGENCY OPERATIONS PLAN)

On motion it was resolved the Town Council adopts the following resolution:

WHEREAS, the Town Council of the Town of Brookneal, Virginia recognizes the need to prepare for, respond to, and recover from natural and man-made disasters, and

WHEREAS, the Town Council has a responsibility to provide for the safety and well being of its citizens and visitors, and

WHEREAS, the Town of Brookneal recognizes that the County of Campbell has established and appointed a Director and Coordinator of Emergency Services.

NOW, THEREFORE, BE IT HEREBY PROCLAIMED by the Town Council of the Town of Brookneal, Virginia that this Emergency Operations Plan as revised in November 2011 is officially adopted, and

IT IS FURTHER PROCLAIMED AND ORDERED that the Director of Emergency Services, or his designees, are tasked and authorized to maintain and revise as necessary this document over the next four-year period or until such time it be ordered to come before the Brookneal Town Council and/or Campbell County Board of Supervisors.

Adoption occurred a the regular meeting of the Town of Brookneal Council held on the 13th day of December 2011, at the Brookneal Town Council Chambers, Brookneal, VA.

APPROVED:

________________________________________

Phyllis L. Campbell, Mayor, Town of Brookneal

Attest:

_______________________

Clerk, Town of Brookneal

REQUEST FOR TRANSFERS OF APPROPRIATION

Upon motion by Richard Adams, seconded by Barbara Laprade, and unanimously carried, the Council approved the following transfers of appropriation.

REQUEST FOR TRANSFERS OF APPROPRIATION

To: Brookneal Town Council

Date: December 13, 2011

The following Appropriation Transfers are requested for FY2012:

General Fund As of 12/09/11

Category—Expense ADD New Total Balance in Account

Town Council-Other—01-1101-5801 $1,641.00 $ 8,641.00 $ 1,923.70

Category—Expense DELETE New Total Balance in Account

Contingency Fund—01-8102-7010 $1,641.00 $20,333.40 $20,333.40

To cover the cost of banners for Christmas decorations.

General Fund As of 12/09/11

Category—Expense ADD New Total Balance in Account

Town Council-Other—01-1101-5801 $ 1,000.00 $ 9,641.00 $ 1,923.70

Category—Expense DELETE New Total Balance in Account

Contingency Fund—01-8102-7010 $ 1,000.00 $19,333.40 $ 19,333.40

To cover the cost of a new roof for the concession stand at the ballpark. This was approved by

Council at the May 10, 2011 meeting.

Respectfully requested by:

_________________________________

Treasurer

_________________________________

Date

REQUEST FOR VACATING LOT LINES

Town Manager Russell Thurston said he had been contacted by Council Member Tracy Meisenbach to be added to the agenda to bring the issue of vacating the lot lines on her property. Mr. Thurston said that he was not sure if this was a Council issue or not, but Ms. Meisenbach said the Council had to look at and approve it.

Perry Meisenbach, of 527 Cook Avenue, appeared before Council to discuss vacating lot lines on his property on Cook Avenue and Carson Street. He said it was broken into 22 very narrow lot lines. He said at one time Mr. Carson was going to build some houses for the Burrus plant employees on this property. He passed around a drawing of the lines they want to vacate. He said they get an agricultural exemption on 15 acres of their property, but they can't get it on this property because of the way it is divided into the lines.

After some discussion, Mayor Campbell noted that she thought the signature needed by Mr. & Mrs. Meisenbach would come from Mr. Crews in Public Works and not an approval from the Town Council. Ms. Meisenbach noted that she thought the reason they wanted the approval from Council is because it does change the taxation on this property. She said if the lot lines are removed, they will go from paying $26.00 a year in taxes to paying $12.00 a year in taxes. Ms. Meisenbach said they wanted a motion from the Council to approve this. Upon questioning by Public Works Director Mike Crews, Ms. Meisenbach noted that the easement in existence that belongs to the Town is still in existence and will not change.

Upon motion by Robert Jean, seconded by Mark Wilkes, and unanimously carried, the Council voted to allow the lot lines to be vacated on the Meisenbach property and authorized Town Manager Russell Thurston to sign the paperwork for the Meisenbachs allowing this change. Councilperson Meisenbach abstained from the vote.

COMMITTEE RECOMMENDATIONS

There were no committee recommendations.

ITEMS FROM TOWN COUNCIL

Councilperson Meisenbach commented on the wonderful cleanup done by the Town crew after the Christmas parade. She also said she had checked on the issue with the Wickliffe Cemetery with only one body being allowed per grave. She said she looked at what other cemeteries were doing, both private and civil. She said most of them are allowing cremains entered in with another body, but citizens have to pay the full cemetery lot fee for just one cremains. She said they charge an interment fee, which is half the cost of the lot, for the cremains in addition to the body. She said the only limitations are that a cremain can go in on top of a casket, an infant one year or under can be buried with an adult, or two sibling infants can be buried together. She recommended that our cemetery policy item #1.04 to show those changes and additionally allow 2 cremains in one lot with no body or allow 1 cremains every 2 feet. Councilperson Wilkes also suggested raising the prices of the cemetery lots. Consensus was that the physical development committee meet to discuss these items and bring back a recommendation to Council for their approval.

ADJOURNMENT

Upon motion from Mark Wilkes, seconded by James Nowlin, and unanimously carried, Mayor Campbell announced that the December 13, 2011, Council meeting was adjourned.

___________________________                                 ____________________________

Bobbie A. Waller                                                            Phyllis L. Campbell

Clerk/Treasurer                                                             Mayor

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