March 13, 2012

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

Robert Jean, Richard Adams, 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: Tracy Meisenbach, Council Member

INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG

APPROVAL OF AGENDA

Upon motion by Barbara Laprade, seconded by Richard Adams, and unanimously carried, Council approved the agenda for the March 13, 2012, regular meeting of the Brookneal Town Council.

MINUTES

Upon motion by Robert Jean, seconded by Mark Wilkes, and unanimously carried, Council approved the February 14, 2012, Town Council meeting minutes.

TREASURER'S REPORT

Mayor Campbell asked that the March 2012 treasurer's report be filed for audit.

PRESENTATION AND APPROVAL OF INVOICES

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 February 15, 2012, to March 13, 2012, in the amount of $35,155.71.

PUBLIC COMMENT

No one spoke during public comment.

POLICE REPORT

Chief Baldwin passed the police report for February 2012 out to Council members. He said there was a total of 56 calls for service of which he answered 39.

PUBLIC WORKS REPORT

Public Works Director Mike Crews said that spring clean-up will be held from March 26 through April 6, 2012. He said the ballpark has already opened and practices will be held starting March 20, 2012. Opening ceremonies for both boys and girls will be held on April 14, 2012.

Mr. Crews said that the Monroe family is present on behalf of the vineyard they are proposing for Booker Road. He said the proposed project area is presently zoned M-2 and R-1. He distributed a handout with the proposed conditional use specifications for the vineyard on Booker Road which will be operated by Elite of VA, LLC. He said the planning commission met on March 6, and they made a request to grant the request for the proposed vineyard. He said the zoning will not be changed. Mr. Crews said that 174 acres will be covered in the proposed conditional use permit, and Mr. Monroe said that out of those 174 acres, 40 acres minimum will be planted in grapes. Different parts of the handout were discussed. Mr. Jean asked Mr. Crews and Mr. Thurston if all required paperwork had been received from the Monroes in order to rule on the issue. Mr. Thurston said that a plan in writing has not been submitted by the Monroes, but they have done several verbal presentations. He said at first the Monroes said that a maximum of 40 acres would be planted in grapes, but tonight they are saying any amount up to that, and they are requesting 174 acres be included in the permit. Mr. Thurston asked that a specific plan be submitted in writing from the Monroes specifying what their intentions are for the property. Mr. Crews said that the Town needs to know what the total acreage from start to finish would be. Mr. Michael Monroe said that it is best to include the entire 174 acres in the permit. He said they want to plant 40 acres of grapes, but he said they have to figure out where the best place to plant is since the land rolls, lays and has gullies and bottoms. Mr. Jean asked if the list of restrictions were acceptable to the Monroes. Mr. Dean Monroe asked to go over the list. He indicated that he didn't want it to be limited to 40 acres, to which Mr. Thurston replied that that was what they said from the beginning. Mr. Dean Monroe said a "suitable" fence for a vineyard was a reasonably high electric fence. He said #5 was too strong concerning chemicals used for fertilizing, controlling pests or vegetation, and fungicide applications. Mr. Jean suggested changing wording to "no chemicals can be used that have not been approved." Mr. Michael Monroe said you have to be licensed to spray commercially, and that he was licensed to do so. Mr. Jean said change the wording to allow chemicals to only be sprayed by a licensed operator. Mr. Dean Monroe said you should just state that anything applied has to be up to federal, state, and local standards or ordinances and that should cover the chemicals. Mr. Dean Monroe and Mr. Jean said that on #8 the wording should be changed to an approved commercial fertilizer in compliance with all state and county regulations. Mr. Dean Monroe went over #10 which states that no farm animals or livestock including but not limited to goats, cows, chickens, sheep, llamas, horses, pigs, alpacas, donkeys, buffalo, or the life shall be permitted. He said they are spending a lot of money to prepare this large tract of land, and the farm animals have a purpose to maintain the property to keep from having to do over what they are presently doing. He said the property will look just as bad in 5 years as it did when they bought it if they don't do something. He said the purpose of the livestock is to keep the land down to a manageable level until they get ready to use the land. He said that was a pretty big point. Mayor Campbell told Council that it is in the Town ordinances that there will not be livestock in the Town limits. She said it is going to be a huge issue if it is opened up. Mr. Michael Monroe said the animals would be put in the middle of the hundred and some acres, and nobody should even be in the area the animals would be in. Mr. Adams said that if you set a precedence, you have to be fair to everybody. He said if you let one person put a farm animal on property inside the town limits, you have to be willing to consider that request by everybody who wants one. Mayor Campbell said there could be a certain amount of acreage required to have an animal. Vice Mayor Nowlin said he was not in favor of the animals at all. Mr. Jean suggested putting a time limit on the amount of time the animals could be on the property.

MOTION TO ADVERTISE FOR A PUBLIC HEARING FOR A CONDITIONAL USE PERMIT FOR ELITE OF VA, LLC TO OPERATE A VINEYARD ON BOOKER ROAD

Upon motion by Robert Jean, seconded by Barbara Laprade, with a 3-2 vote with Mr. Nowlin and Mr. Adams voting nay, the Council voted to advertise for a public hearing at the April 10, 2012, Town Council meeting for a conditional use permit for Elite of VA, LLC to operate a vineyard on Booker Road and to have farm animals on the property. Mayor Campbell did say she would be consulting the town attorney, Frank Wright to get his advice before the next meeting concerning the issue.

Mr. Dean Monroe did say that they would be agreeable to putting something in the conditions saying that if the animals or anything on the property became a public nuisance, then something would be changed.

TOWN MANAGER REPORT

Town Manager Russell Thurston said that VDOT will be paving on Lusardi Drive very soon. He said the staff has been working on the budget, and a presentation was made to the finance committee at the 5:00 meeting. Mr. Thurston also said that a bid was awarded for Phase 2 Rush Street to J. Harman Saunders for $141,500. He said he was not sure when construction would start, but it should be soon. He said the bakery/sandwich shop on Main Street is supposed to open on April 10, and he said Dodd's Farm Store officially opened on March 10, 2012.

RESOLUTION FOR CAMPBELL COUNTY ANIMAL CONTROL

Mr. Thurston said that after last month's meeting when this resolution was presented, he presented Council members with copies of the current ordinances as requested. He said that the resolution simply grants Campbell County Animal Control personnel permission to enforce existing codes on the books that pertain to animals in the town.

Benny David spoke concerning the resolution for Campbell County Animal Control. He said that he never knew that these codes were on the books in Brookneal. He said that in order to enforce Brookneal codes, this resolution needs to be approved. Mr. Jean said that at the last public hearing held on the leash law, the people of Brookneal did not want a leash law. He said he was not in favor of the dog warden picking up a dog that was not on the owner's lot, carrying him to Rustburg and then it costs the owner $50 to get him back. Mayor Campbell said that the ordinance does not say leash, but it does say the dog has to be at the control of its owner. Councilperson Laprade asked if the running at large portion could be left out of this resolution. Mr. Thurston said he thought that this item should be handled on a complaint basis only.

Upon motion by Robert Jean, seconded by Barbara Laprade, and unanimously carried, the Council approved the following revised resolution for the Campbell County Animal Control (taking out the dogs running at large—90.02 from the resolution) while authorizing Town Manager Russell Thurston to adjust the resolution to suit the needs of the town and animal control.

A verbal vote was taken as follows:

Mayor Campbell Aye Ms. Laprade Aye

Mr. Adams Aye Mr. Jean Aye

Mr. Nowlin Aye Mr. Wilkes Aye

RESOLUTION GRANTING AUTHORITY OF CAMPBELL COUNTY ANIMAL CONTROL OFFICERS TO ENFORCE ORDINANCES IN THE TOWN OF BROOKNEAL

WHEREAS, the Campbell County Animal Control Officers regularly respond to animal related complaints in the Town of Brookneal, and

WHEREAS, the Town of Brookneal recognizes the valuable services provided by the Campbell County Animal Control Officers throughout Campbell County as well as within the town limits of Brookneal, and

WHEREAS, the Campbell County Animal Control Officers apply and uphold state and county laws as applicable within the town of Brookneal included but not limited to: verifying current rabies vaccination certificates, verifying current animal license tags where required, and responding to complaints of vicious animals, and

WHEREAS, up until the date of this resolution the Campbell County Animal Control Officers have not had express, written authority from council to enforce animal related ordinances within the Brookneal Town Code of Ordinances, and

WHEREAS, the Town of Brookneal Code of Ordinances contains code sections addressing dangerous dogs (90.01), and animal nuisances (93.18), and the enforcement of animal control related ordinances improves public safety and enhances the quality of life for the citizens of Brookneal.

NOW THEREFORE BE IT RESOLVED, that the Brookneal Town Council does hereby extend legal authority to the Campbell County Animal Control Officers to enforce and uphold any animal related ordinance within the Town of Brookneal including current ordinances and future animal related ordinance which could be adopted by the Brookneal Town Council at later dates.

______________________________________                                ______________________

Phyllis L. Campbell, Mayor, Town of Brookneal                                     Date

MOTION TO AWARD PHASE 2 RUSH STREET PROJECT TO J. HARMAN SAUNDERS CONSTRUCTION, INC. IN THE AMOUNT OF $141,500

Upon motion by Barbara Laprade, seconded by Robert Jean, and unanimously carried, the Council voted to award the Phase 2 Rush Street project to J. Harman Saunders Construction, Inc. in the amount of $141,500.

A verbal vote was taken as follows:

Mayor Campbell Aye Ms. Laprade Aye

Mr. Jean Aye Mr. Adams Aye

Mr. Nowlin Aye Mr. Wilkes Aye

REQUEST FOR TRANSFERS OF APPROPRIATION

Upon motion by Richard Adams, seconded by Robert Jean, and unanimously carried, the Council voted to approve the following transfers of appropriation

REQUEST FOR TRANSFERS OF APPROPRIATION

To: Brookneal Town Council

Date: March 9, 2012

The following Appropriation Transfers are requested for FY2012:

General Fund As of 3/8/12

Category—Revenue INCREASE New Total Balance in Account

Police Grants—01-2404-0100 $ 2,777.53 $32,398.53 N/A

Category—Expense INCREASE New Total Balance in Account

Police—Supplies—01-3101-5401 $ 2,777.53 $ 6,777.53 $ 2,893.19

To account for the Byrne Justice Assistance Grant received for the police department.

General Fund As of 3/8/12

Category—Expense ADD New Total Balance in Account

Town Council-Other—01-1101-5801 $ 1,625.00 $ 11,266.00 $ 3,502.42

Category—Expense DELETE New Total Balance in Account

Contingency Fund—01-8102-7010 $ 1,625.00 $17,711.40 $ 17,711.40

To cover the cost of day in the town 2012 and donation to Brookneal Dixie Boys & Girls.

General Fund As of 3/8/12

Category—Expense ADD New Total Balance in Account

Streets—Safety Equipment--01-4102-5801 $ 700.00 $ 1,722.95 $ 1,400.00

Category—Expense DELETE New Total Balance in Account

Streets—Temp--01-4102-1004 $ 700.00 $18,300.00 $ 9,389.05

To cover the cost of uniforms for the streets department.

General Fund As of 3/8/12

Category—Expense ADD New Total Balance in Account

Sanitation—Vehicle Supplies--01-4203-5408 $ 2,628.51 $ 3,828.51 $ 0.00

Category—Expense DELETE New Total Balance in Account

Contingency Fund—01-8102-7010 $ 2,628.51 $15,082.89 $ 15,082.89

To cover the cost of new tires for the sanitation truck.

General Fund As of 3/8/12

Category—Expense ADD New Total Balance in Account

General Prop.--Repair--01-4302-5407 $ 1,795.84 $ 4,795.84 $ 100.00

Category—Expense DELETE New Total Balance in Account

Contingency Fund—01-8102-7010 $ 1,795.84 $13,287.05 $ 13,387.05

To cover the cost of repairs to the cemetery fencing.

General Fund As of 3/8/12

Category—Expense ADD New Total Balance in Account

Recreation—Repairs & Maint.--01-7104-5407 $ 328.07 $ 2,128.07 $ 0.00

Category—Expense DELETE New Total Balance in Account

Contingency Fund—01-8102-7010 $ 328.07 $12,958.98 $ 12,958.98

To cover the cost of repairs to the steps at the community building.

Respectfully requested by:

_________________________________

Treasurer

_________________________________

Date

COMMITTEE RECOMMENDATIONS

Upon motion by Mark Wilkes, seconded by James Nowlin, and unanimously carried, the Council voted to advertise for a public hearing in April 2012 to amend the Town ordinance for the Wickliffe Cemetery, Chapter 91, section 91:16, Part D to allow for one cremain and one casket to be entered in one grave or two cremains to be entered in one grave.

A verbal vote was taken as follows:

Mayor Campbell Aye Ms. Laprade Aye

Mr. Adams Aye Mr. Nowlin Aye

Mr. Wilkes Aye Mr. Jean Aye

ITEMS FROM TOWN COUNCIL

Councilperson Mark Wilkes noted that medical transport services are having problems with finding addresses because some street signs are missing or have been knocked down. Mr. Jean also noted that some street signs are also marked wrong.

ADJOURNMENT

Upon motion from Mark Wilkes, seconded by Richard Adams, and unanimously carried, Mayor Campbell announced that the March 13, 2012, meeting was adjourned.

___________________________                                      ___________________________

Bobbie A. Waller                                                                  Phyllis L. Campbell

Clerk/Treasurer                                                                  Mayor

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