July 11, 2006
MINUTES 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
Meg Tibbs, Kenneth Jennings, Richard Adams, and Stacey Hailey Council Members
Tracy Meisenbach, Council Member, arrived prior to closed session
Laurie C. Francis, Clerk/Treasurer
Mike Crews, Public Works Director
Ricky Cousins, Police Chief
7:00 PM – Public Hearing – REGARDING THE CAMPBELL COUNTY SCHOOLS AND CONTERRA ULTRA BROADBAND, LLC (CONTERRA)
Mayor Campbell called the public hearing to order at 7:01 PM.
Mr. Curtis McMillian and Mr. Matt Carrol appeared before council representing Conterra and Campbell County Public Schools.
No one from the public appeared before council. Mayor Campbell declared the public hearing closed at 7:05 PM.
7:05 PM – Mayor Campbell declared the regular meeting of the Brookneal Town Council to be in session.
INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG
APPROVAL OF AGENDA
Upon motion by Stacey Hailey, seconded by Meg Tibbs and unanimously carried, Council approved the agenda for the July 11, 2006, regular meeting of the Brookneal Town Council with the following additions: 1) Closed Session under VA Code §2.2-3711 (a) for the purpose of discussing the disposition of real property. 2) Attorney invoices for $175.00 and $1790.00 3) Discussion and vote on contracting consulting services for the town. 4) Authorization for Mike Crews to execute legal documents 5) Adjustment of budget line item for Brookneal Campbell County Airport
MINUTES
Upon motion by James Nowlin, seconded by Stacey Hailey and unanimously carried, Council approved the June 13, 2006 Town Council minutes.
TREASURER’S REPORT
The Treasurer’s report was filed for audit.
PRESENTATION AND APPROVAL OF INVOICES
Be it resolved that motion was made by James Nowlin, seconded by Stacey Hailey and unanimously carried, authorizing the payment of the invoices for the period of June 13, 2006 to July 10, 2006 in the amount of $16,435.95.
PUBLIC COMMENT
Mrs. Pauline Douglas of 124 Ridge Street told council that she had lived in Brookneal for around 80 years. She informed council that there was lots of gossip on the street and she would like to hear from council what was true. Mrs. Douglas informed Council that there was a rumor going around that the Town Council had turned down a Budweiser plant because they didn’t want it in town. Mrs. Douglas also said that she felt that the town and the council only did things for special groups and did not treat everyone equally. She asked that council stop arguing amongst themselves and to speak to her when they see her in the store.
Mr. Ken Silby, of Lynchburg Ave, appeared before council to once again express concerns about the lack of a leash law in town. He stated that he might start a petition to have a leash law enacted. Mr. Silby complained about dogs running through his yard and tearing up things.
Mr. George Clark, of 104 Terry Road, expressed concerns as well about a leash law. Mr. Clark stated that he felt the Town Council was being put in a difficult situation. He asked if the council had considered placing the leash law on a ballot and letting the voters decide. Mayor Campbell informed Mr. Clark that Council had indeed considered doing that but had been informed by legal council that the leash law could not go to referendum.
Bob Jean, of 1232 Lynchburg Avenue, appeared before council stating that he was just there to find out what was going on since he was currently running for a position on the town council.
Mr. Edward Pearson, of 104 Ridge Street, asked Council about the status of hiring a police officer to fill the vacancy from Officer Ferguson’s resignation. Mayor Campbell informed Mr. Pearson that an advertisement was scheduled to be in the next issue of the Union Star.
LAURA DAVID FOR THE HUMANE SOCIETY
Laura David appeared before council on behalf of the Humane Society. Mrs. David made a request to council for the use of the Kersey building, located on Rush Street, during the month of August for a thrift store to raise money for the Humane Society. After some lengthy discussion, Mayor Campbell recommended that this be referred to the Physical Development Committee for further study and brought back to the council at the August meeting.
CONSIDERATION OF THE SPECIAL USE PERMIT FOR CONTERRA ULTRA BROADBAND, LLD (CONTERRA)
After proper public notice and a public hearing held on this date, motion was made by James Nowlin to approve the special use permit for Conterra Ultra Broadband to erect a tower on property owned by Campbell County Schools. The motion received a second from Meg Tibbs. After a brief discussion, Mayor Campbell called for a vote as follows:
Mr. Hailey Aye Mr. Adams Aye Ms. Tibbs Aye
Mr. Nowlin Aye Mr. Jennings Aye
Ms. Meisenbach Absent
With all in favor, the motion carried with a 5-0 vote.
AWARD OF THE HVAC TO MOORES ELECTRIC
Motion was made by Meg Tibbs to award the HVAC to Moores Electric. The motion received a second from Richard Adams. With all in favor and no one opposed, the motion carried.
AWARD OF THE NEW BACKHOE TO BOONES TRACTOR
Motion was made by Stacey Hailey, seconded by Meg Tibbs, and unanimously carried awarding the contract for the purchase of a new backhoe to Boones Tractor.
APPROVAL OF THE BOND RESOLUTION FOR THE USDA GRANT
Mayor Campbell tabled this matter until the August 2006 council meeting.
AUTHORIZATION FOR J. MICHAEL CREWS TO SIGN CHECKS AND LEGAL DOCUMENTS
Motion was made by Meg Tibbs to authorize J. Michael Crews, Public Works Director, to sign checks in the absence of Mr. Gillespie and execute legal documents on behalf of the town. The motion received a second from James Nowlin. Council member Kenneth Jennings questioned whether this was a temporary arrangement. Mayor Campbell responded that this was an interim arrangement. With no further discussion, Mayor Campbell called for a vote. With all in favor, the motion carried.
Discussion and vote on contracting consulting services for the town
Council member, Meg Tibbs, reported that she and Mr. Adams had met with Mr. Bill Gillespie, former town manager, on June 30, 2006 to discuss the operation of the town in his absence. Ms. Tibbs stated that Mr. Gillespie had agreed to work with the town on a contractual basis to do grant work, personnel evaluations, legal matters and various other items on an as needed basis. Mr. Gillespie's hourly rate will be $60.00 per hour plus mileage and expenses. Ms. Tibbs went on to explain that Mr. Gillespie would not go above what was budgeted for his salary in 2006/2007. The contract can be terminated by either party at any time.
Mr. Jack Carwile, of Adams Ferry Road, questioned whether or not Mr. Gillespie would be able to do a fair evaluation of the personnel for the Town of Brookneal. Mayor Campbell replied that she felt Mr. Gillespie was well respected throughout the region and added that she wanted to go on the record as saying that she was somewhat embarrassed at some of the feelings that people have had about Mr. Gillespie. Mayor Campbell added that if she didn’t think that he (Mr. Gillespie) could give a true evaluation of the employees in this town, she would not ask him. Mayor Campbell went on to ask for a consensus from the town council as to whether or not Mr. Gillespie was capable of evaluating the town employees. Public Works Director, Mike Crews, interrupted stating that he did not think that this was the time to be discussing Mr. Gillespie since he was not present to defend himself adding that items such as this should be discussed in closed session. Further discussion briefly ensued.
Motion was made by Richard Adams to approve the contract for consulting services hiring W. C. Gillespie, Jr. The motion received a second from Meg Tibbs. Mayor Campbell asked for a vote. All responded with aye except Council member Kenneth Jennings who abstained. Mr. Jennings went on to say that for some reason Mayor Campbell cut off discussion on a contract that was really open to the public. Mr. Jennings added that he did not bring up any issue in the contract to open a can of worms or discredit anyone but it’s an open contract and council needs to discuss it. Mr. Jennings went on to say that he had wanted to make the point that Mr. Gillespie could supply the town with facts for an evaluation and that the town was not asking Mr. Gillespie to do a judgment on anyone and he trusted that Mr. Gillespie could supply the town with those facts adding that he did not want to lose the history of the time that Mr. Gillespie was with the town serving as Town Manager.
Mayor Campbell once again asked for a vote requesting that council show hands for all in favor of approving the contract for consulting services hiring W. C. Gillespie, Jr. With all in favor and no one opposed, the motion carried.
Attorney invoices for $175.00 and $1790.00
Motion was made by Stacey Hailey, seconded by Kenneth Jennings, and unanimously carried approving payment of two attorney invoices to Overby, Hawkins, Selz, & Wright in the amounts of $175.00 and $1,790.00.
Adjustment of budget line item for Brookneal Campbell County Airport
Richard Adams made a request that council approve moving monies appropriated in the 2005/2006 budget for the Brookneal/Campbell County Airport into the 2006/2007 budget. Mr. Adams explained that he had failed to deliver the invoices to the treasurer in a timely manner and the invoices should have been paid out of the 05/06 budget.
Motion was made by Kenneth Jennings to move funds appropriated for the Brookneal/Campbell County Airport in fiscal year 2005/2006 to the 2006/2007 fiscal year budget. The motion received a second from Meg Tibbs. With all in favor, the motion carried.
CLOSED SESSION
Motion was made by Stacey Hailey, seconded by James Nowlin, and unanimously carried to go into closed session under VA Code Section 2.2-3711 (A) (3) for the purpose of discussing the disposition of real property.
Motion was made by James Nowlin, seconded by Stacey Hailey, and unanimously carried to go into closed session under VA Code Section 2.2-3711 (A) (7) for the purpose of consultation with the Town Attorney retained by the Town of Brookneal regarding specific legal matters involving current litigation.
RETURN FROM CLOSED SESSION
Mayor Campbell declared the council to be back in open session at 9:25
CERTIFICATION
Mayor Campbell called for a vote certifying that only those items allowed under VA Code Section 2.2-3711 (A) (3) pertaining to the discussion of the disposition of real property and VA Code Section 2.2-3711 (A) (7) pertaining to the discussion of legal matters were discussed in the preceding closed session.
Voting was as follows:
Mr. Hailey Aye Mr. Adams Aye Ms. Tibbs Aye
Mr. Nowlin Aye Ms. Meisenbach Aye Mr. Jennings Aye
Mayor Campbell Aye
ADJOURNMENT
Motion was made by Stacey Hailey to adjourn, seconded by James Nowlin. Being no further business to discuss Mayor Campbell adjourned the June 11, 2006 meeting of the Brookneal Town Council.
___________________________ ____________________________
Laurie C. Francis, Phyllis Campbell, Mayor
Clerk/Treasurer Mayor
