May 14, 2013

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, Barbara Laprade, Mark Wilkes, and J. B. David, Jr., Council Members

Russell Thurston, Town Manager

Bobbie Waller, Clerk/Treasurer

Mike Crews, Public Works Director

Ricky Baldwin, Police Chief

INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG

PUBLIC HEARING FOR GENERAL FUND BUDGET

Mayor Campbell called to order the public hearing for the general fund budget at 7:01 p.m. No one spoke in favor of or in opposition to the general fund budget; therefore, Mayor Campbell closed the public hearing at 7:02 p.m.

PUBLIC HEARING FOR THE WATER FUND BUDGET

Mayor Campbell called to order the public hearing for the water fund budget at 7:03 p.m. Mr. Howard Wells, of Booker Road, said that he did not have a problem with the $2.00 increase, but instead with his $75.00 water bill when he said everyone else around him has a $30 water bill. He said it was supposed to be fixed, and nobody has fixed it. He said nobody has done anything. He said that the water spigot at the boat dock has been leaking since March 28. He said the water meters are not certified like scales at Food Lion are, or like gas tanks are certified. He asked how we knew the water meters are correct if they are not certified. He said there are so many things that are wrong. He said you need a pair of binoculars to see the writing on the water tower and the signs that were put up that are repeating themselves. He pointed out Mr. Thurston's salary at $52,000 for the last 2 years, and what have we got. He said as far as he was concerned, the town limits stops where the sidewalk stops and nothing is done up to where he lives on Booker Road. He talked about the road where he lives, and the log trucks coming out of there have tore the road up. Mayor Campbell closed the public hearing at 7:08 p.m.

PUBLIC HEARING FOR THE SEWER FUND BUDGET

Mayor Campbell called to order the public hearing for the sewer fund budget at 7:09. No one spoke in favor of or in opposition to the sewer fund budget; therefore, Mayor Campbell closed the public hearing at 7:09 p.m.

PUBLIC HEARING FOR THE PERSONAL PROPERTY TAX RELIEF ACT (PPTRA) FOR 2013

Mayor Campbell called to order the public hearing for the personal property tax relief act for 2013 at 7:10 p.m. No one spoke in favor of or in opposition to the personal property tax relief act; therefore, Mayor Campbell closed the public hearing at 7:11 p.m.

PUBLIC HEARING ON THE WATER RATE INCREASE AND SEWER RATE INCREASE

Mayor Campbell called to order the public hearing for the water rate increase of $2.00 per household and sewer rate increase of $1.00 per household at 7:11 p.m. She noted that the water rate increase will be $2.00 per year for the next 3 years. No one spoke in favor of or in opposition to the water rate increase and sewer rate increase, therefore, Mayor Campbell closed the public hearing at 7:12 p.m.

APPROVAL OF AGENDA

Upon motion by Robert Jean, seconded by Richard Adams, and unanimously carried, Council approved the agenda for the May 14, 2013, regular meeting of the Brookneal Town Council.

MINUTES

Upon motion by Robert Jean, seconded by Richard Adams, and unanimously carried, Council approved the April 8 and April 9 committee meeting minutes and April 9, 2013 Town Council meeting minutes.

TREASURER'S REPORT

Mayor Campbell asked that the May 2013 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 April 10, 2013 to May 14, 2013, in the amount of $18,802.04.

PUBLIC COMMENT

No one spoke before Council during public comment.

POLICE REPORT

Chief Richard Baldwin presented the police report to the Council for April 2013. He said of the 97 calls for service in April, 83 calls were answered by the Brookneal Police Department. Chief Baldwin said that about 2 weeks ago, the Campbell County Sheriff's office had 5 vehicles they were going to take out of service He said he talked to Sheriff Hutcherson, and asked about Brookneal being able to get one of those 5 being taken out of service. He said the Board of Supervisors approved this request last Tuesday night. He said the vehicle already came equipped with radios, lights, and sirens which saves a lot of money.

PUBLIC WORKS REPORT

Public Works Director Mike Crews said that some of the fire hydrants along Lynchburg Avenue have been painted. He said he was working on some warranty issue for items purchased under the grant. Mr. Crews said that his department is still short one employee. Mr. Crews addressed Mr. Howard Wells' concern about his water bill, and presented him a printout showing the consistency of his consumption for the last few years. Mr. Crews also noted that no one on town water can compare their water bill to someone else's water bill. He said everyone's bill is different no matter how many people live in the household.

TOWN MANAGER REPORT

Town Manager Russell Thurston made comments to address a citizen's concern about what the town manager is doing. He presented a project list of all completed and current projects for review by anyone who wished to view the 15 page report. Mr. Thurston said that Gary Christie from Region 2000 will be here on Thursday at 10 a.m. to continue work on an economic development plan for Brookneal.

RED HILL $250 DONATION FOR BLUEGRASS, BARBECUE AND BREW FESTIVAL

Mr. Thurston said that Myra Trent from Red Hill wants to know if the Town would consider being a partner for the Bluegrass, Barbecue, and Brew festival in the fall. Upon motion by Robert Jean, seconded by Barbara Laprade, and unanimously carried, the Council voted to partner with Red Hill for the Bluegrass, Barbecue, and Brew festival with a $250 donation.

MOTION TO APPROVE THE ENGINEERING CONTRACT FOR THE PHASE 3 VDOT PROJECT

Mr. Thurston said that the VDOT Phase 3 project has selected a engineer for the project. He said he received approval from VDOT to award the engineering contract to Hurt & Proffitt. Upon motion by James Nowlin, seconded by Richard Adams, and unanimously carried, the Council voted to award the engineering contract for VDOT Phase 3 to Hurt and Proffit from Lynchburg according to their proposal dated May 8, 2013 for $41,957.00.

REQUEST FOR AN AGRICULTURAL WELL ON THE MEISENBACH PROPERTY

Mr. Thurston said Ms. Meisenbach has requested an agricultural well on her property. Mr. Thurston said that the health department will not issue a permit for a well in the Town for any reason without the Council's approval. He said the county health department said that it is a direct conflict of interest to issue a permit for a well if a property is currently has access to our municipal drinking water system. He said the USDA and the Natural Resource Conservation Service told him that these programs intend to help farmers with conservation projects; this program is intended to provide water as an alternate water supply for livestock to keep them out of creeks, streams, ponds, rivers, springs, and lakes. He said that if you already have a municipal water service at your site, you don't need an alternate source. He said there is no prohibition against putting in an agricultural well on a lot serviced by municipal water. He said the intent is for people who live in remote areas without access to municipal water to put in a well. Mr. Thurston asked Vice Mayor Nowlin how he wanted to proceed with this issue. Vice Mayor Nowlin said that he would like Mr. Thurston to present all of the information he had to the committee so they could further study it.

RESOLUTION FOR VRS CONCERNING MEMBER CONTRIBUTIONS BY SALARY REDUCTION

Upon motion by Robert Jean, seconded by Richard Adams, and unanimously carried, the Council approved the following resolution for VRS.

A verbal vote was taken as follows:

Ms. Laprade Aye Mr. Jean Aye

Mr. Adams Aye Mr. Nowlin Aye

Mr. David Aye Mr. Wilkes Aye

Mayor Campbell Aye

Member Contributions by Salary Reduction for Counties, Cities, Towns, and Other Political Subdivisions

(In accordance with Chapter 822 of the 2012 Acts of Assembly (SB497))

RESOLUTION

WHEREAS, the Town of Brookneal 55311 employees who are Virginia Retirement System members who commence or recommence employment on or after July 1, 2012, shall be required to contribute five percent of their creditable compensation by salary reduction pursuant to Internal Revenue Code § 414(h) on a pre-tax basis upon commencing or recommencing employment; and

WHEREAS, the Town of Brookneal employees who are Virginia Retirement System members and in service on June 30, 2012, shall be required to contribute fiver percent of their creditable compensation by salary reduction pursuant to International Revenue Code § 414(h) on a pre-tax basis no later than July 1, 2016; and

WHEREAS, such employees in service on June 30, 2012, shall contribute a minimum of an additional one percent of their creditable compensation beginning on each July 1 of 2012, 2013, 2014, 2015, and 2016, or until the employees' contributions equal five percent of creditable compensation; and

WHEREAS, the Town of Brookneal may elect to require such employees in service on June 30, 2012, to contribute more than an additional one percent each year, in whole percentages, until the employees' contributions equal five percent of creditable compensation; and

WHEREAS, the second enactment clause of Chapter 822 of the 2012 Acts of Assembly (SB497) requires an increase in total creditable compensation, effective July 1, 2013, to each such employee in service on June 30, 2013, to offset the cost of the member contributions, such increase in total creditable compensation to be equal to the percentage increase of the member contribution paid by such pursuant to this resolution (For example, if the member contribution paid by the employee increases from two to three percent pursuant to this resolution, the employee must receive a one percent increase in creditable compensation.)

BE IT THEREFORE RESOLVED, that the Town of Brookneal does hereby certify to the Virginia Retirement System Board of Trustees that it shall effect the implementation of the member contribution requirements of Chapter 822 of the 2012 Act of Assembly (SB497) according to the following schedule for the fiscal year beginning July 1, 2013:

PLAN 1

Percent

Employer Paid Member Contribution

0 %

Employee Paid Member Contribution

5 %

Total

5 %

PLAN 2

Percent

Employer Paid Member Contribution

0 %

Employee Paid Member Contribution

5 %

Total

5 %

(Note: Each column must add up to 5 percent.); and

BE IT FURTHER RESOLVED, that such contributions, although designated as member contributions, are to be made by the Town of Brookneal in lieu of member contributions; and

BE IT FURTHER RESOLVED, that pick up member contributions shall be paid from the same source of funds as used in paying the wages to affected employees; and

BE IT FURTHER RESOLVED, that member contributions made by the Town of Brookneal under the pick up arrangement shall be treated for all purposes other than income taxation, including but not limited to VRS benefits, in the same manner and to the same extent as member contributions made prior to the pick up arrangement; and

BE IT FURTHER RESOLVED, that nothing herein shall be construed so as to permit or extend an option to VRS members to receive the pick up contributions made by the Town of Brookneal directly instead of having them paid to VRS; and

BE IT FURTHER RESOLVED, that notwithstanding any contractual or other provisions, the wages of each member of VRS who is an employee of the Town of Brookneal shall reduced by the amount of member contributions picked up by the Town of Brookneal on behalf of such employee pursuant to the foregoing resolutions; and

BE IT FURTHER RESOLVED, that in accordance with the Appropriation Act, no salary increases that were provided solely to offset the cost of required member contributions to the Virginia Retirement System under § 51.1-144 of the Code of Virginia will be used to certify that the salary increases required by the Appropriations Act have been provided.

NOW, THEREFORE, the officers are hereby authorized and directed in the name of the Town of Brookneal to carry out the provisions of this resolution, and said officers are authorized and directed to pay over to the Treasurer of Virginia from time to time such sums as are due to be paid by the Town of Brookneal for this purpose.

_________________________________

PhyllisL.Campbell

CERTIFICATE

I, Bobbie A. Waller, Clerk of the Town of Brookneal, certify that the foregoing is a true and correct copy of a resolution passed at a lawfully organized meeting of the Town of Brookneal held at Brookneal, Virginia at _______ o'clock on ________________, 2013. Given under my hand and seal of the Town of Brookneal this _____ day of _____________, 2013.

_________________________________

BobbieA.Waller, Clerk

REQUEST FOR THE COMMUNITY BUILDING JUNE 7, 2013 BY THE VIRGINIA COOPERATIVE EXTENSION SERVICE

The Virginia Cooperative Extension Service has requested the use of community building auditorium for a meeting on June 7, 2013 from 10 am to 2 pm. Upon motion by Robert Jean, seconded by Mark Wilkes, and unanimously carried, the Council approved the request for the community building free of charge for the Virginia Cooperative Extension Service.

REQUEST FOR TRANSFERS OF APPROPRIATIONS

Upon motion by Richard Adams, seconded by Mark Wilkes, and unanimously carried, the Council approved the following transfer of appropriation.

REQUEST FOR TRANSFERS OF APPROPRIATION

To: Brookneal Town Council

Date: May 14, 2013

The following Appropriation Transfers are requested for FY2013:

Category—Expense INCREASE New Total Balance in Account

Police—Repairs & Maint—01-3101-5407 $ 4,845.00 $ 10,345.00 $ 2,020.01

Category--Revenue INCREASE New Total Balance in Account

Court Fines—01-1401-0100 $ 4,845.00 $ 9,845.00 $ N/A

To cover the costs of repairs, painting, carpet, and new windows in the police department.

Category—Expense INCREASE New Total Balance in Account

Town Council-Other—01-1899-1300 $ 700.00 $ 7,700.00 $ 0.00

Category--Revenue INCREASE New Total Balance in Account

Meals Tax—01-1201-0100 $ 700.00 $ 2,500.00 $ N/A

To cover some costs of Day in the Town.

Category—Expense INCREASE New Total Balance in Account

Insurance--Property—01-1229-5310 $ 540.44 $ 16,227.44 $ 0.00

Category--Expense DECREASE New Total Balance in Account

Police—Workman's Comp—01-3101-2011 $ 540.44 $ 2,227.56 $ 434.44

To cover property insurance costs that were higher than anticipated and the actual amounts were not received until after the FY13 budget was done.

Category—Expense INCREASE New Total Balance in Account

Heating Service—01-4302-5102 $ 471.20 $ 6,471.20 $ 0.00

Category--Expense DECREASE New Total Balance in Account

Recreation—Heating—01-7104-5102 $ 471.20 $ 4,028.80 $ 1,357.12

To cover higher than anticipated heating costs on this line item.

Category—Expense INCREASE New Total Balance in Account

Recreation—Repairs&Maint—01-7104-5407 $ 805.08 $ 2,605.08 $ 0.00

Category--Expense DECREASE New Total Balance in Account

Recreation—Heating—01-7104-5102 $ 805.08 $ 3,223.72 $ 552.04

To cover repairs to the heat and a/c unit at the community building.

Respectfully requested by:

_________________________________

Treasurer

_________________________________

Date

COMMITTEE RECOMMENDATIONS

There were no committee recommendations.

ITEMS FROM TOWN COUNCIL

Councilperson Laprade asked what the procedure or written response was for addressing complaints or public works requests. Mayor Campbell said the person should call the town office to have the request written up by Bobbie or Morgan. Ms. Laprade said that the complaint she heard about today was from Mr. Howard Wells. She said that in situations such as this, some written response should be given to the complainant. She felt like there needed to be a track record saying what the response is and when the response was done. Consensus was that all complaints need to go through the front office. Mayor Campbell said that a check off list would be needed because once the message is relayed; Bobbie or Morgan may not know if the problem gets addressed. Discussion on this issue continued. Mr. Thurston noted at the end that when people don't get the answer they want, they say the town is not solving their problem. Ms. Laprade ended with saying that as long as you can show that the issue was addressed, whether they like the answer or not is up to them.

ADJOURNMENT

Upon motion from Mark Wilkes, seconded by Robert Jean, and unanimously carried, Mayor Campbell announced that the May 14, 2013, meeting was adjourned.

___________________________                                      ____________________________

Bobbie A. Waller                                                                  Phyllis L. Campbell

Clerk/Treasurer                                                                   Mayor

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