February 13, 2007
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
Kenneth Jennings, Tracy Meisenbach, Richard Adams, Stacey Hailey, and Robert Jean, Council Members
Bobbie Waller, Clerk/Treasurer
Mike Crews, Public Works Director
Ricky Cousins, Police Chief
INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG
PUBLIC HEARING ON REQUEST FOR CONDITIONAL USE PERMIT
Mayor Campbell opened the public hearing at 7:04 p.m. Mayor Campbell explained that the purpose of this public hearing was concerning a application made by Margaret Pannell and Annie Barley for a conditional use permit to put a mobile home at 106 Booker Road in an area zoned M-2, Manufacturing and Industrial. This area is currently in use as a residential area. Mr. Howard Wells of 110 Booker Road came forward to speak in favor of the permit for Ms. Barley and Ms. Pannell. Mr. Billy Guthrie also spoke in favor of Ms. Barley and Ms. Pannell. He stated that their house was not just a house it was a “home”.
Members of the Planning Commission present included: Mark Wilkes, Paul Hines, and Carolyn Lusardi (via telphone conference call). Upon motion from Carolyn Lusardi, seconded by Mark Wilkes and unanimously carried, the planning commission voted to grant Ms. Pannell and Ms. Barley permission for conditional rezoning at Parcel #102-A-83 for purpose of installing a modular home. Mayor Campbell closed the public hearing at 7:11 p.m.
PUBLIC HEARING ON COMMUNITY DEVELOPMENT BLOCK GRANT FOR DOWNTOWN REVITILIZATION PROJECT
Mayor Campbell opened the public hearing at 7:11 p.m. Scott Smith from the Local Government Council was present to discuss the grant. He explained that the process of receiving the grant is very competitive. There is $12,890,000 available for communities the size of Brookneal. Each community would generally get between $700,000 and $1,000,000, so that would mean only about 12-16 grants would be awarded statewide. He also explained that the downtown grant is mainly for the removal of slum and blight. No one from the public spoke concerning the grant, but the mayor did state that because of the inclimate weather conditions tonight, that several people had expressed their support of the grant, but were unable to make it to the meeting because of the weather conditions. Mayor Campbell closed the public hearing at 7:20 p.m.
APPROVAL OF AGENDA
Upon motion by James Nowlin, seconded by Stacey Hailey and unanimously carried, Council approved the agenda for the February 13, 2007, regular meeting of the Brookneal Town Council with the following additions: 1) Pastor Butler’s request for community building use 2) Day in the Town 3) Community dinner with Campbell County.
MINUTES
Upon motion by Kenneth Jennings, seconded by Richard Adams and unanimously carried, Council approved the January 9, 2007, Town Council minutes.
TREASURER’S REPORT
Mayor Campbell asked that the February 2007 treasurer’s report be 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 January 10, 2007 to February 13, 2007, in the amount of $26,679.09.
PUBLIC COMMENT
Mr. Howard Wells of 110 Booker Road posed a question concerning streets in Brookneal. He asked if the streets in Brookneal were equal to another street. For example, is Booker Road the same thing as Claytor Road. Mayor Campbell responded by saying that some are state maintained and some are not. She said that some are not state maintained because of the width of the road and the right of way, and the state would not pick them up. He asked about the pot holes on Booker Road, and the Mayor responded that the Town should fix those. Mr. Crews agreed that they would be fixed as needed. He also wanted to know if a citizen on one street in Brookneal is equal to a citizen living on another street in Brookneal. Mayor Campbell responded by saying yes they were. Mr. Wells referrred to a matter that occurred on February 9, 2007, but said that he would leave it alone for now because he thought it had worked itself out.
CITIZENS AGAINST TOXIC SLUDGE
Jennifer England of 1575 McIvor Ferry Road, Gladys, appeared before Council representing the Citizens Against Toxic Sludge (CATS). She said that the CATS group requested that the Council take action to protect the land, water, health, and quality of life and democracy of those they serve. She requested on behalf of the CATS group that the town represent their constituents and pass the ordinance that was presented to the Council last month at the Town Council meeting. Interim Town Manager Mike Crews suggested to the Mayor and the Council that the Town follow suit with what David Laurrell and the Board of Supervisors do regarding the ordinance. He suggested that the Town should piggyback off of what the County does. He reminded the Council that the Town has no power over whatever the State legislation does. Councilperson Meisenbach said that nothing in the ordinance is in any way violating the Virginia Constitution. She said she felt we need to move forward with this because Campbell County has a better chance of surviving any threat of a lawsuit if more people and more localities support them. She believed that by hanging back a little bit, we are publicly not giving Campbell County the support in the public awareness, and she said the biosolids are aware of this. Interim Town Manager Mike Crews stated that we are supporting Campbell County. Mayor Campbell stated that the biggest concern for the Town is the cost of the third party lawyer to look over what the CATS lawyer does. She said that Supervisor J. D. Puckett could not assure her that the third party lawyer that was going to protect Campbell County would also protect the Town of Brookneal. Vice Mayor Nowlin stated that he believed that the Town needs to wait and see what the County does. He said the Council needs to take its time on this issue and do what it needs to do for this Town and its citizens to make sure that we are doing what is proper and not get ourselves in a bad situation.
Councilperson Meisenbach made a motion that the Town hold a public hearing to hear the community input. She said that the Council would not have to vote from the public hearing, but she felt we need to put it out there for the public opinion. Councilperson Adams stated that he did not know what a public hearing would accomplish besides hearing over and over what we are all saying, that we do not agree with the spreading of the sludge. He felt that an ordinance is something that the Town cannot do at this time until we see what the outcome of the County’s efforts are going to be. Councilperson Meisenbach again made a motion that the Town have a public hearing regarding this issue and present the ordinance in its form modified to benefit Brookneal to the public to get their input on it. With no second, the motion died.
POLICE REPORT
Chief Cousins told Council of former Brookneal Officer Anthony Hamlett’s request to work some part-time hours for the Town at the rate of $10.00 per hour. Some discussion ensued over this matter. Consensus was that if it would relieve some of the overtime for Chief Cousins and Sgt. Carr, then it would be worth considering. Interim Town Manager Mike Crews requested a proposal from Chief Cousins on what hours Officer Hamlett would work.
PUBLIC WORKS REPORT
Mr. Mike Crews informed the Council that the closing for the USDA grant for the backhoe and community building heating and air conditioning will be on February 20, 2007. This grant was a 55/45 matching grant. He said that since bids had been received in June of 2006 for these items, he did not know if the winning bidders were still going to honor those prices. He wanted permission from the Council to negotiate with these vendors on pricing for the above mentioned items. Upon motion by Kenneth Jennings, seconded by Stacey Hailey, and unanimously carried, Council authorized Interim Town Manager Mike Crews to negotiate with the vendors any additional funds needed from the Town that it would take to continue with grant for the backhoe and community building heating and air conditioning.
CONDITIONAL USE PERMIT 07-01, FOR 106 BOOKER ROAD
Upon motion from James Nowlin, seconded by Stacey Hailey and unanimously carried, Council authorized the conditional use permit for Annie Barley and Margaret Pannell to place a modular home at 106 Booker Road (Parcel # 103-A-83), which is presently zoned M-2, Manufacturing and Industrial.
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
Upon motion from James Nowlin, seconded by Stacey Hailey, and unanimously carried, Council authorized another public hearing to be held at the March 13, 2007, Town Council meeting as required by the grant process.
WACHOVIA AT WORK
Upon motion from Stacey Hailey, seconded by James Nowlin, and with a 5-1 vote, with Councilperson Jean opposing the motion, Council voted to enter into the Wachovia at Work program for Town employees and Town Council members which is at no cost to the Town.
COMMUNITY BUILDING USE
Upon motion from James Nowlin, seconded by Kenneth Jennings, and unanimously carried, Council voted to allow Pastor Dwight Butler and the Faith Assembly Church to use the community building on Thursday evenings at no cost with the stipulation that they must leave the building in the condition that they found it.
DAY IN THE TOWN
Day in the Town was set for Saturday, May 5, 2007, with Councilperson Nowlin agreeing to chair the event.
JOINT DINNER MEETING WITH CAMPBELL COUNTY
Campbell County requested recommendations for dates and places to hold this year’s joint dinner meeting. August 23, 2007, was agreed upon as the best date for everyone. Spring Hill was suggested as one of the places to have the dinner.
FLUORIDE SYSTEM AT THE WATER TREATMENT PLANT
Upon motion from Tracy Meisenbach, seconded by Stacey Hailey, and unanimously carrried, Council voted to enter into the grant process to get a fluoride system put in at the Brookneal water treatment plant to help with the children’s teeth and the fluoridation of the water for the Town of Brookneal.
ITEMS FROM TOWN COUNCIL
Councilperson Jean requested that the maple floor at the community building be placed on a regular maintenance schedule. Discussion about the community building ensued about the flooring and the walls.
CLOSED SESSION
Motion was made by Robert Jean to go into closed session under VA Code Section 2.2-3711 (A) (3) for the purpose of discussing the disposition of publicly held real property. The motion received a second from Kenneth Jennings. A verbal vote was taken as follow:
Mr. Hailey Aye Mr. Adams Aye Mr. Jean Aye
Mr. Nowlin Aye Ms. Meisenbach Aye Mr. Jennings Aye
Mayor Campbell Aye
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 publicly held real property were discussed in the preceding closed session.
Voting was as follows:
Mr. Hailey Aye Mr. Adams Aye Mr. Jean Aye
Mr. Nowlin Aye Ms. Meisenbach Aye Mr. Jennings Aye
Mayor Campbell Aye
Upon motion from Tracy Meisenbach, seconded by Stacey Hailey, and unanimously carried, Council voted to let Interim Town Manager Mike Crews proceed with the obligations of the real property located on Cook Avenue and make the contacts with the interested parties and handle all the considerations thereof.
ADJOURNMENT
Upon motion from James Nowlin, seconded by Stacey Hailey, and unanimously carried, Mayor Campbell announced that the February 13, 2007, Council meeting was adjourned.
___________________________ ____________________________
Bobbie A. Waller, Phyllis Campbell,
Clerk/Treasurer Mayor
