November 9, 2010
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, Richard Adams, Tracy Meisenbach, and Robert Jean, Council Members
Mike Crews, Public Works Director
Bobbie Waller, Clerk/Treasurer
Ricky Baldwin, Chief of Police
INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG
APPROVAL OF AGENDA
Upon motion by Robert Jean, seconded by Kenneth Jennings, and unanimously carried, Council approved the agenda for the November 9, 2010, regular meeting of the Brookneal Town Council with the following additions 1) Chief Richard Baldwin and Officer Billy Mitchem 2) Resolution for Phase II Water Lines to Haymes Brothers 3) Resolution for Municipal Tank Coating & Sandblasting 4) Motion to transfer K-9 Ice to Altavista 5) Closed Session for the purpose of discussing the Town Manager’s position.
MINUTES
Upon motion by Kenneth Jennings, seconded by Richard Adams, and unanimously carried, Council approved the October 12, 2010, Town Council meeting minutes.
TREASURER’S REPORT
Mayor Campbell asked that the November 2010 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 October 13, 2010, to November 9, 2010, in the amount of $9,512.06.
CHIEF RICHARD BALDWIN AND OFFICER BILLY MITCHEM
Mayor Campbell introduced the new police Chief Richard Baldwin and new police officer Billy Mitchem. Chief Baldwin said that he worked in Appomattox County for 29 years and then went to work for Campbell County for 6 years before coming to the Town of Brookneal. Chief Baldwin introduced Officer Mitchem who worked for the Danville Police Department before coming to Brookneal. Councilperson Jennings asked if the best way to contact Chief Baldwin
was through 911 to which the Chief replied it was. Chief Baldwin said this was the best way to
contact him, since he has to call Campbell County anyway, if he gets a call, to generate a case number in the CAD system. He said this will also save time responding to calls.
PUBLIC COMMENT
Mr. Alan Jones of 2801 Hampton Woods Drive, Richmond, VA , appeared on behalf of his parents Graham and Hazel Jones of Old Main Street to find out what the Town was going to do in regards to reimbursing his parents for the incident that happened at their home on September 30, 2010. Councilperson Jean said that the Town was still waiting for the insurance company to finish their investigation of the incident as well as the final report from them. Mr. Jean said that his understanding was that the insurance company had agreed to pay 100% of all damages except personal property damages which have been depreciated.
Mayor Campbell clarified that VML is ready to pay out $38,347.17 on this claim. The depreciation amount on the carpeting and furniture not being paid is $6,281.77. Mr. Jones pointed out that his parents had replacement cost value on their insurance, but the Town’s insurance policy only pays depreciated value. Mr. Jones said because of the Town’s negligence, his parents lost $16,000 worth of property of which the Town wants to refund them about $10,000. Mr. Jones asked Mayor Campbell if the Council had seen a copy of the letter from the Town of Gretna after their visit. Mayor Campbell said she had spoken with the Town of Gretna, and they have not resolved that there was any negligence. She said that the Town Manager of Gretna said that with the smallness of the staff, there was no way you could routinely walk or check every sewer line for tree roots. Mayor Campbell said that she did not consider his letter as saying the Town of Brookneal was negligent.
Physical Development Committee Chairperson James Nowlin told Mr. Jones that his committee was looking at the issue and that they would report their findings along with a recommendation to the Council. He asked Ms. Meisenbach to relay what the committee is working on. Ms. Meisenbach asked Mr. Jones for documentation of damages specifically an itemized list, so therefore from this point forward if this happens again, there has to be some responsibility on the part of the homeowner to understand there is a potential for this to repeat. Once this is done, the Town would have to obtain a general release of liability from the Jones’ family in order to provide payment for the amount requested so that the Town would be absolved of liability and of future liability for this same type of incidence. She asked if the Jones’ could provide the Town within 30 days the documentation of the damages. She said this is the recommendation of the physical development committee. Mr. Nowlin asked that photos be taken of the renovations that have been completed and submitted to the committee. Ms. Meisenbach said that since the money is coming from the Town fund, the committee needs full documentation of the incident. Mr. Jones asked when he would receive a check once all the information was received. Mayor Campbell said that it would have to be voted on by the Council. Mr. Nowlin told Mr. Jones that this would not be resolved tonight.
After much discussion on this issue, Mayor Campbell finally told Mr. Jones that he should have an answer within a week after the committee has the information they need from the insurance company.
Ms. Pam Murphy representing the Williams Campbell Band Association appeared before the Council to request use of the community building on Saturday, December 4, 2010 from 10 a.m. to 4 p.m. for an arts and crafts show to raise money for the band. Upon motion by Robert Jean, seconded by James Nowlin and unanimously carried, the Council voted to allow the William Campbell Band Association to use the community building at no charge on December 4, 2010.
PUBLIC WORKS REPORT
Public Works Director Mike Crews discussed replacing the back stops at the ball park. Mr. Crews said he had received a quote for $2113 to replace the backstop on the big field and $853 for the basketball fence on the back side. Mr. Jean said that he would rather repair them than replace them. Mr. Crews pointed out that they are rotted out. Mr. Crews said that the fence company pointed out that to fix it right you needed to replace it. Mr. Jennings made a motion to allow Mr. Crews 60-90 days to consider some other bidders while the Council finds the money to pay for the project. The motion received a second from Robert Jean. With all in favor, the motion passed.
RESOLUTION OF TENTATIVE AWARD OF PHASE 2 WATER PROJECT TO HAYMES BROTHERS
Upon motion by James Nowlin, seconded by Robert Jean, and unanimously carried, the Council awarded the Phase 2 Water Line Project to Haymes Brothers by the following resolution:
TOWN OF BROOKNEAL
RESOLUTION OF CONSTRUCTION CONTRACT TENTATIVE AWARD
HAYMES BROTHERS CONSTRUCTION COMPANY
WATER DISTRIBUTION SYSTEM IMPROVEMENTS
WHEREAS, the Town of Brookneal has publically advertised and solicited bids for the construction of various water distribution system improvements within the town, and
WHEREAS, a total of six (6) bids were received ranging from a low of $1,025,500 to a high of $1,858,456 for water distribution system improvements, and
WHEREAS, these projects will be ultimately funded 100% through the United States Department of Agriculture, Rural Department and the Town of Brookneal, via a grant/loan from the United States Department of Agriculture, Rural Development, and
WHEREAS, town staff and their engineering consultants have reviewed these bids and are recommending that a tentative contract award be made to Haymes Brothers Construction Company of Chatham, Virginia for the construction of improvements to the Town of Brookneal’s water distribution subject to the approval of the United States Department of Agriculture, Rural Development.
NOW THEREFORE BE IT RESOLVED, that the Town of Brookneal hereby makes tentative award of a construction contract to Haymes Brothers Construction Company of Chatham, Virginia for water system improvements in the amount of $1,025,500 subject to the approval of the United States Department of Agriculture, Rural Development.
BE IT ALSO RESOLVED, that the Town of Brookneal, upon final approval of the grant and loan funding necessary for the project from the United States Department of Agriculture, Rural Development does hereby authorize the Mayor to execute the necessary documents to award the final contracts to the above noted contractors to complete the work identified in the plans and specifications prepared by the Town of Brookneal’s engineering consultant WW Associates and/or negotiate with the contractor to achieve a project within the available funding.
__________________________________________ _____________________
Phyllis L. Campbell – Mayor – Town of Brookneal Date
___________________________________________ ______________________
Bobbie Waller – Clerk – Town of Brookneal Date
A verbal vote was taken as follows:
Mr. Jean Aye Ms. Meisenbach Aye
Mr. Adams Aye Mr. Jennings Aye
Mr. Nowlin Aye Mayor Campbell Aye
RESOLUTION OF TENTATIVE AWARD FOR THE CLEANING AND PAINTING OF THE TWO WATER STORAGE TANKS TO MUNICIPAL TANK COATING AND SANDBLASTING, INC.
Upon motion by James Nowlin, seconded by Robert Jean, and unanimously carried, the Council awarded the cleaning and painting of the two water storage tanks to Municipal Tank Coating and Sandblasting, Inc. by the following resolution:
TOWN OF BROOKNEAL
RESOLUTION OF CONSTRUCTION CONTRACT TENTATIVE AWARD
MUNICIPAL TANK COATING AND SANDBLASTING, INC.
WHEREAS, the Town of Brookneal has publically advertised and solicited bids for the cleaning and painting of two water storage tanks within the town, and
WHEREAS, a total of seven (70 bids were received ranging from a low of $160,000 to a high of $496,000 for these water tank improvements, and
WHEREAS, these projects will be ultimately funded 100% through the United States Department of Agriculture, Rural Development and the Town of Brookneal, via a grant/loan from the United States Department of Agriculture, Rural Development, and
WHEREAS, the town staff and their engineering consultants have reviewed these bids and are recommending that a tentative contract award be made to Municipal Tank Coating and Sandblasting, Inc. of Rockingham, North Carolina for the construction of these improvements to two water storage tanks within the town subject to the approval of the United States Department of Agriculture, Rural Development, and
NOW THEREFORE BE IT RESOLVED, that the Town of Brookneal hereby makes tentative award of a construction contract to Municipal Tank Coating and Sandblasting, Inc. of Rockingham, North Carolina for the cleaning and painting of two water storage tanks within the town in the amount of $160,000 subject to the approval of the United States Department of Agriculture, Rural Development.
BE IT ALSO RESOLVED, that the Town of Brookneal, upon final approval of the grant and loan funding necessary for the project from the United States Department of Agriculture, Rural Development does hereby authorize the Mayor to execute the necessary documents to award the final contracts to the above noted contractor to complete the work identified in the plans and specifications prepared by the Town of Brookneal’s engineering consultant WW Associates and/or negotiate with the contractor to achieve a project with available funding.
_________________________________________ _________________
Phyllis L. Campbell – Mayor – Town of Brookneal Date
_________________________________________ _________________
Bobbie Waller – Clerk – Town of Brookneal Date
A verbal vote was taken as follows:
Mr. Jean Aye Ms. Meisenbach Aye
Mr. Adams Aye Mr. Jennings Aye
Mr. Nowlin Aye Mayor Campbell Aye
TRANSFER OF K-9 ICE TO ALTAVISTA
Although the transfer of K-9 Ice to Altavista is not complete through USDA, Mayor Campbell asked that the Council make a motion to transfer K-9 to Altavista. Upon motion by Tracy Meisenbach, seconded by Robert Jean, and unanimously carried, the Council voted to transfer Officer Ice to the ownership of Altavista Township.
CHRISTMAS BONUS FOR EMPLOYEES
Upon motion by Kenneth Jennings, seconded by Robert Jean, and unanimously carried, the Council approved a Christmas bonus of $200.00 net to each of the Town employees.
REQUEST FOR TRANSFER OF APPROPRIATION
A motion was made by Richard Adams, and after much discussion about documenting what specifically overtime is used for, seconded by Kenneth Jennings, and unanimously carried for Council to approve the following transfer of appropriation:
REQUEST FOR TRANSFER OF APPROPRIATION
To: Brookneal Town Council
Date: November 9, 2010
The following Appropriation Transfers are requested:
General Fund
As of 11/5/10
Category—Expense ADD New Total Balance in Account
Public Works—Overtime $3,000.00 $ 5,000.00 $ 2,052.62
Category—Expense DELETE New Total Balance in Account
Police—Salaries $3,000.00 $ 90,954.00 $85,564.28
To cover public works overtime.
Respectfully requested by:
_________________________________
Treasurer
_________________________________
Date
Councilperson Meisenbach asked that all overtime be documented and brought to council with a re-appropriation request in the future.
COMMITTEE RECOMMENDATIONS
Physical Development Committee Chairperson James Nowlin said that the committee wants to meet with the planning commission concerning the zoning issue for the loft apartments. Mr. Nowlin said that he talked with Hunter Ford of Mid-Atlantic Broadband concerning the easement agreement they sent to the Town. Mr. Ford said that his company would cover the cost of having the town attorney look over the agreement.
Mr. Nowlin said his committee also talked about fishing in the Town reservoir. They want to put a sign at the reservoir. Mr. Jean said that he had talked with the state about supplying some signs for the reservoir, and they had said they would. Ms. Meisenbach said the committee has talked about including the following in the sign:
No dumping of live wells on reservoir property
Please remove all water reeds, algae, and plant matter from their propellers, mounts, and underside of the boat
No open display of alcohol (Chief Baldwin suggested saying “no possession of alcohol on premises”)
She said that a master list of all individuals that signed up for fishing in the reservoir should be kept along with their signature and date acknowledging they read the permits and understand the rules. She also said it needs to be clarified that the reservoir is open for fishing all year instead of April-October as the permit now reads. Upon motion by Tracy Meisenbach, seconded by James Nowlin, and unanimously carried, the Council voted to put signs up at the reservoir as specified above.
ITEMS FROM TOWN COUNCIL
Councilperson Meisenbach asked that the police report be put back on the town agenda and that Chief Baldwin attend the Town meetings.
CLOSED SESSION
Upon motion by Robert Jean, seconded by Kenneth Jennings, and unanimously carried, the Council voted to go into closed session under VA Code Section 2.2-3711 (A)(1) for the purpose of discussing the Town Manager’s position.
CERTIFICATION
Mayor Campbell called for a vote certifying that only those items were discussed as allowed under VA Code Section 2.2-3711 (A)(1) for the purpose of discussing the Town Manager’s position.
The vote was as follows:
Mr. Jean Aye Ms. Meisenbach Aye
Mr. Adams Aye Mr. Jennings Aye
Mr. Nowlin Aye Mayor Campbell Aye
Upon motion by Robert Jean, seconded by Kenneth Jennings, and unanimously carried, the Town authorized the personnel committee chairperson Richard Adams to negotiate with the prospective town manager to sign him on the line.
ADJOURNMENT
Upon motion from James Nowlin, seconded by Richard Adams, and unanimously carried, Mayor Campbell announced that the November 9, 2010, Council meeting was adjourned.
___________________________ ____________________________
Bobbie A. Waller Phyllis L. Campbell
Clerk/Treasurer Mayor
