September 9, 2008
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, Kenneth Jennings, Stacey Hailey, Tracy Meisenbach, and Robert Jean, Council Members
Bobbie A. Waller, Clerk/Treasurer
Mike Crews, Public Works Director, and Interim Town Manager
Ricky Cousins, Police Chief
INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG
PUBLIC HEARING—CONDITIONAL USE PERMIT 08-01
Mayor Campbell opened the public hearing at 7:01 p.m. The purpose of this public hearing is to allow a conditional use permit to replace a mobile home that burned down in January 2008 belonging to Mr. Andrew Conners. Mr. Howard Wells of Booker Road spoke in favor of the permit as did Mr. Sidney Hancock of Booker Road. Mr. Wells also asked that the Town backhoe be used to help with Mr. Conners’ trailer because he is short on cash. No one appeared in opposition to the conditional use permit. Mayor Campbell closed the public hearing at 7:05 p.m.
Members of the planning commission present included: Mr. Paul Hines, Mr. Mark Wilkes, Mr. Josh Pritt and Mr. Charles McDowell. Upon motion by Chairperson Hines and unanimously carried, the planning commission voted to grant the conditional use permit to Mr. Conners.
Upon motion by Tracy Meisenbach, seconded by James Nowlin, and unanimously carried, Council voted to approve the recommendation from the planning commission to allow Mr. Conners to place his new mobile home in the place of his old mobile home and to allow use of the proper equipment from Town and an operator for the equipment to put the mobile home in properly.
POLICE REPORT
Chief Cousins reported that since the last Council meeting, 10 traffic tickets were written, 2 reckless driving tickets were written, 1 ticket for driving on a suspended license, 1 ticket for failure to wear seat belt, 2 for no state inspection sticker, 2 for no front license plates, 1 assault and battery, 1 for uttering a check, 3 grand larcenies, copper theft in Mildred’s Hair Salon, 1 parking ticket written, and a break in at Tarkett Wood.
APPROVAL OF AGENDA
Upon motion by Robert Jean, seconded by Stacey Hailey, and unanimously carried, Council approved the agenda for the September 9, 2008, regular meeting of the Brookneal Town Council.
MINUTES
Upon motion by James Nowlin, seconded by Stacey Hailey, and unanimously carried, Council approved the August 12, 2008, Town Council minutes.
TREASURER’S REPORT
Mayor Campbell asked that the September 2008 treasurer’s report be filed for audit.
PRESENTATION AND APPROVAL OF INVOICES
Be it resolved that motion was made by James Nowlin, seconded by Kenneth Jennings, and unanimously carried, authorizing the payment of the invoices for the period of August 13, 2008, to September 9, 2008, in the amount of $28,025.61.
COUNTY ADMINISTRATOR R. DAVID LAURRELL AND BROOKNEAL DISTRICT SUPERVISOR J. D. PUCKETT
Mr. Laurrell said that Campbell County is working on updating their comprehensive plan, and he wanted to know how the Town wanted to get involved in that process. He said that a member of the County’s planning commission was involved in the committee in Altavista that is working on Altavista’s comprehensive plan. He said the least expensive way to do this was to get Region 2000 to help the Town with their comprehensive plan. Mayor Campbell said that when the Town’s comprehensive plan was last updated 10 years ago, the Region 2000 was involved in that process also. He said to start the process he would have Paul Harvey from Campbell County contact Mr. Crews. Mr. Jennings asked Mr. Laurrell about the first land application of sludge that took place about three weeks ago. He said that everything went as planned as far as he knew. He said the County tested the soil before the application, and they would go back post application and test the soil again. Ms. Meisenbach said that Halifax, Suffolk, Petersburg, and two other localities are putting in chemical trespass ordinances that also affect application of biosolids. She asked if Campbell County would be willing to put this in also. Mr. Laurrell said that this question was raised during the public hearing process the County went through last year. He said that the commonwealth attorney, the county attorney, and the state attorney general said that the County did not have the right to pass an ordinance of that nature. He said the Board is currently waiting for a legislative remedy for this situation. He said that the County will do something when they get the legislative authority to do so.
PUBLIC COMMENT
Mr. Howard Wells, of Booker Road, wanted the police department to check on kids that are
speeding on Booker Road. He felt like this was an accident waiting to happen. He also addressed the issue of his road not being a state maintained road. He said that he felt like he could not give up any more of his land to the state and that they (the citizens of Booker Road) could maintain their own road and fill their own potholes.
Mr. James Randall, of Virginia Avenue, asked if the Town was requiring him to clean up his property. He said that he working on cleaning up his property, but that he works a full time job and he does not have time to work on his property very much. The Mayor told him that the Council would work with him, since he is working on cleaning up his property.
PUBLIC WORKS REPORT
Mr. Crews said he had received the bids for the K-9 unit and he would be submitting those to USDA and would hopefully be closing that project out soon. He said that he is running an ad in the paper for a water treatment plant operator since Mr. Stocker is leaving.
REPLACEMENT OF THE SANITATION VEHICLE
This issue was discussed during the committee meeting and referred to the Physical Development committee for their review and to bring back recommendations to the Council.
RESOLUTION FOR THE VIRGINIA RETIREMENT SYSTEM (VRS)
Upon motion by Tracy Meisenbach, seconded by James Nowlin, and unanimously carried, Council voted to adopt the following resolution for the Virginia Retirement System (VRS).
A verbal vote was taken as follows:
Mr. Hailey Aye Mr. Nowlin Aye
Mr. Jean Aye Ms. Meisenbach Aye
Mr. Adams Aye Mr. Jennings Aye
Mayor Campbell Aye
RESOLUTION
AFFIRMATION OF AUTHORIZATION TO PICK-UP THE EMPLOYEE’S CONTRIBUTION TO VRS FOR TOWN OF BROOKNEAL, 55311
UNDER $414 (H) OF THE INTERNAL REVENUE CODE
WHEREAS, the Town of Brookneal provides its employees with tax deferral pursuant to $414(h) of the Internal Revenue Code with respect to their member contributions to the Virginia Retirement System (referred to as VRS) by picking up member contributions to VRS; and
WHEREAS, VRS keeps track of such picked up member contributions, and treats such contributions as employee contributions for all purposes of VRS;
WHEREAS, the Internal Revenue Service in Notice 2006-43 has provided transition relief for existing pick up arrangements provided that an authorized person takes formal action to evidence the establishment of the pick-up arrangement no later than January 1, 2009.
WHEREAS, in order to avail itself of the protection given under Notice 2006-43, the TOWN OF BROOKNEAL desires to affirm its intention to establish and maintain a pick-up arrangement through formal action by its governing body.
NO W, THEREFORE, IT IS HEREBY RESOLVED that the existing member contribution pick-up arrangement is hereby affirmed as it relates to salary reduction elections in effect prior to the date of this Resolution, and it is further
RESOLVED that effective the first pay day on or after September 9, 2008, the Town of Brookneal shall pick up member contributions of its employees to VRS, and such contributions shall be treated as employee contributions in determining tax treatment under the Internal Revenue Code of the United States; and it is 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 it is 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 it is 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, and in the same manner and to the same extent as member contributions made prior to the pick up arrangement; and it is 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 it is further
RESOLVED that notwithstanding any contractual or other provisions, the contributions of each member of VRS who is an employee of the Town of Brookneal shall be picked up using the method under which the employer will pay the employees’ statutorily required contributions to VRS and the salary will not be modified.
Adopted in BROOKNEAL, Virginia this 9th day of September, 2008.
Phyllis L. Campbell, Mayor
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Mayor, Town of Brookneal
COUNCIL’S DIRECTION ON BROOKNEAL SANITATION ORDINANCE
This issue was discussed in the committee meeting prior to the Council meeting. The issue was referred to the Physical Development Committee along with Mr. Crews so that the Town can come to the best answer pertaining to our citizens and the Town. Mr. Jennings suggested that the entire Council work on this issue and not just the Physical Development Committee so that everybody’s opinion can be expressed. A meeting date was not set at this point.
CITIZEN’S REQUEST TO HOOK AN AGRICULTURAL WELL TO TOWN WATER SERVICE
This issue was tabled until the next Council meeting in October. Mayor Campbell asked that a copy of the ordinance concerning the wells be presented to the Council before the next meeting as well as a copy of the motion that was voted on concerning this issue when it first came to the Council attention (sometime late 2007 or early 2008).
ITEMS FROM TOWN COUNCIL
Councilperson Jennings presented a motion before Council to establish an advertisement advertising for a Town Manager. He said this issue was spoken to about four months ago and nothing has been done about it. He said he had been contacted by numerous individuals wanting to know when we were going to do this. Councilperson Jean said that he supported the motion because when the budget was voted in, that was one of his criteria for supporting the budget. He therefore, seconded the motion. Ms. Meisenbach said that it needs to be done to put the matter to rest. She said anybody can apply, whether they are in Town or out of Town, as long as they are qualified. Mayor Campbell called for a roll call vote, because she did not hear all ayes and no one at this point voted no.
The roll call vote was as follows:
Mr. Jennings Aye
Ms. Meisenbach Aye
Mr. Nowlin Nay
Mr. Adams He said that he would like further discussion, so he abstained.
Mr. Jean Aye
Mr. Hailey He also said that he would like further discussion, so he abstained.
Ms. Meisenbach said that this was a failed vote, so Mayor Campbell called for another vote. Mr. Adams said that he wanted discussion to make sure that it was clear on who is going to write the ad and how this was going to be approached. Mr. Nowlin concurred with Mr. Adams’ comments. Ms. Meisenbach said that the motion on the table has to be voted on, so Mr. Nowlin then voted Nay, Mr. Adams voted Nay, Mr. Hailey voted Nay, and since it was a tie (3 Ayes, 3 Nays), Mayor Campbell broke the tie with a Nay. Therefore, the motion failed.
Mr. Jean wanted to offer a substitute motion, but Ms. Meisenbach said he could not do so. Therefore, Mr. Jean offered a new motion to form a committee to look into writing an ad and the criteria for the ad, entailing what the Town wants to look for and what the Town can afford before we begin advertising for a Town Manager. Stacey Hailey seconded the motion. The council passed the motion unanimously. A roll call vote was taken as follows:
Mr. Hailey Aye Mr. Adams Aye
Mr. Jean Aye Mr. Nowlin Aye
Ms. Meisenbach Aye Mr. Jennings Aye
Mayor Campbell Aye
Mayor Campbell asked Mr. Adams to chair the committee to which he agreed. Mayor Campbell said on search committees that she has served on in the past, there were a couple of council members, some Town citizens, and business people in Town. Ms. Meisenbach asked to be able to serve on the committee.
After some discussion on this issue, Mayor Campbell came back and asked Ms. Meisenbach if there was still some concern on the motions that were just done. Ms. Meisenbach said that yes there was some concern. She said that on the first motion (with Mr. Hailey and Mr. Adams abstaining) that that motion passed with a 3-1 vote because Mr. Hailey and Mr. Adams abstained and essentially gave up their vote on the motion. No new motion was introduced after this first motion. Mayor Campbell clarified that the first vote made by Mr. Jennings to advertise for a Town Manager stood and carried with a 3-1 vote.
Mr. Hailey asked if the new payscale was in full effect. Mr. Adams said that as far as a payscale that we are operating under, it is what was approved, although some of the original plans for the payscale have not been carried out. Mayor Campbell added that Ms. Waller in conversation with Alan Lane in Campbell County was told that since the Town was so small that this payscale really needed to be looked at again.
ADJOURNMENT
Upon motion from Tracy Meisenbach, Mayor Campbell announced that the September 9, 2008, Council meeting was adjourned.
___________________________ ____________________________
Bobbie A. Waller Phyllis L. Campbell
Clerk/Treasurer Mayor
