PRESENT: Mayor Marshall Guy; S. S. Burkett, James Gates, Ralph Price, Eugene Hendrick, David Helms, Sam Mutter and Mel Leaman, Council Members; Town Manager Henry Booker; Town Engineer Cecil Hicks; Town Attorney Mark Fenyk; and Police Officer Richard Henderson.
INVOCATION/PLEDGE TO THE FLAG: The invocation was rendered by Cecil Hicks and the Pledge to the Flag was led by Mayor Guy.
MINUTES: Upon motion of Mr. Hendrick, seconded by Mr. Helms, and vote of 7 AYES and 0 NOES, the minutes were approved as written and distributed. Mr. Mutter, Mr. Price, Dr. Gates, Mr. Helms, Mr. Mutter, Mr. Hendrick and Mr. Leaman voted affirmatively.
VISITORS: Dave Schwartz, Barbara Steele
WATER SERVICE FOR CUSTOMERS ON S.R. 16 SOUTH: Permission has been received from the Virginia Department of Health to proceed with this project. Smyth County has included this project in the negotiations on the Water Contract. Town staff has requested that this item be considered separately to expedite the project. Materials and a general contractor are on standby, ready to proceed.
SPECIAL USE PERMIT FOR PROFESSIONAL OR OFFICE USE AT W. COYNER AND CHATHAM HILL ROAD - JOHNNY AND DEBORAH BLEVINS- PUBLIC HEARING SET FOR 11/15/99 AT 7:OO P.M.: This item was continued to 11/15/99.
BID REVIEW FOR PHASE II OF DOWNTOWN HOUSING PROJECT: Phase II of the upstairs apartments in the Downtown area has been bid. The project is principally funded by CDBG grant funds. These funds were awarded to the Town of Marion and are being administered and supervised by Marion Downtown! The low bidder was Evans Construction Company in the amount of $416,000. Upon motion of Dr. Gates, seconded by Mr. Burkett, and vote of 7 AYES and 0 NOES, the bid was awarded to Evans Construction Company.
COMPUTER CONVERSION UPDATE: All documents have been signed for the software lease and hardware purchase. Conversion has begun. Data that is not currently on the system will be entered manually. Those records that are on the system will be converted, as stated in the contract, by Bright and Associates.
BOND CONSIDERATION FOR PHASE I OF DOWNTOWN HOUSING PROJECT: Council was advised that the contractor selected for this portion of the project has withdrawn and requested return of his bid bond. Staff is hesitant to return the bond. Additional expenses of $26,000 have been incurred due to rebid and architectural costs. This matter was referred to the Town Attorney for review and recommendation.
BUDGET/FINANCE COMMITTEE - COMPUTER FINANCING: The Budget/Finance Committee recommended lease of the software and purchase of updated computer equipment. Computer software will be financed by Associated Commercial Corporation of Irving, Texas and will be supported by Bright and Associates of Jonesborough, TN. Hardware has been ordered and is expected to be delivered this week.
BUDGET/FINANCE COMMITTEE - AIRPORT IMPROVEMENT FINANCING: The Smyth-Wythe Airport Commission has requested that the Town of Marion commit $125,000 as a portion of a $500,000 loan for improvements to the airport. The Finance Committee recommended that the Town pay cash upon demand when the funds are needed. Upon motion of Dr. Gates, seconded by Mr. Burkett, and vote of 7 AYES and 0 NOES, these funds were committed from General Fund Investments. Mr. Helms, Mr. Mutter, Mr. Price, Mr. Hendrick, Mr. Burkett, Dr. Gates and Mel Leaman voted affirmatively.
WATER COMMITTEE - COUNTY WATER CONTRACT: Negotiations shall continue on this matter. Mr. Fenyk will review the final draft prior to consideration for adoption.
ORIDANACE COMMITTEE - REPORT ON SEWER HOOK-UP CHARGE: This item was continued.
RECREATION COMMITTEE - CONSIDERATION OF BASKETBALL COURT AT STEELE PARK: The Recreation Advisory Committee will meet 11/3/99 at 5:30 to discuss this and various other items.
MOUNTAIN DEW DAY/HALLOWEEN MADNESS: Mayor Guy reported this celebration was a great success!
VML - REQUEST FOR FISCAL IMPACT CONTACT TO SERVE ON COMMITTEE WITH REGARD TO PROPOSED GENERAL ASSEMBLY LEGISLATION: Mr. Booker volunteered to serve and his request was granted.
DEPARTMENT OF CONSERVATION AND RECREATION: Mr. Leaman suggested that the Town and County schedule a Joint Public Hearing concerning the designation of Rt. 16 as a Scenic Route. This matter was continued
.JONES, RODNEY DALE CASE - ATTORNEY MARK FENYK: Mr. Fenyk advised that this case will be heard by the Virginia Supreme Court on November 5, 1999.
BLUE RIDGE JOB CORP/ZONING PERMIT - ATTORNEY MARK FENYK: Blue Ridge Job Corps is constructing a gymnasium on site. A question has arisen if BRJC is required to meet zoning requirements. Mr. Fenyk stated that case law indicates municipal, county and government agencies must adhere to local zoning ordinances. However, the BRJC may be grandfathered in since they are providing the same type of service and would fit into the zoning regulations.
MUNICIPAL BUILDING RENOVATIONS: Mr. Price requested an update on the project. Mr. Booker advised that an extension has been granted to November 20. No additional extension request has been received.
STREETSCAPE: Mr. Heath stated that there has been a problem with the brick paver installation at the lower end of Main Street. This will be addressed at the end of the project.
POLICE DEPARTMENT RETIREES: Mr. Helms moved that retiring Police Officers be allowed to purchase their service revolver at ½ of replacement cost and that the registration be changed to private ownership. The motion was seconded by Burkett and carried by a vote of 6 AYES and 1 NOE (Ralph Price). Mr. Price stated that he disagrees with charging retirees for their weapons. He felt that they should be a gift to retiring police officers.
PRATER LANE CROSSING: Mr. Helms asked for a progress report on the closing of Prater Lane railroad crossing. Mr. Booker informed him that the Town has completed all of its responsibilities of the Tri-Party Project. The Town of Marion, VDOT, and Railroad are parties in this project. An informational meeting will be held prior to beginning construction.
FUNDING FOR SEWER PROJECTS: Funding for sewer projects is available. Mr. Hicks stated that projects have been identified and the Town is working with MRPDC on funding.
WATER LINE ON ROUTE 16: Mr. Hicks stated that safety precautions are being planned for the project with the use of signs and markers. VDOT has offered to contact the Virginia State Police, if necessary, for assistance.
PAVING: Mr. Hicks advised that milling will begin this week and paving will begin on 11/8/99.
"TRACK" VEHICLES ON PUBLIC ROADS: Dr. Gates expressed concern that "track" vehicles are damaging areas of Town streets. This matter was continued for further study.
TRAIN WHISTLE INJUNCTION UPDATE - ATTORNEY MARK FENYK: Mr. Fenyk advised that this matter will be considered by the courts on 11/9/99.
DISPOSITION OF BID BOND - ATTORNEY MARK FENYK: This item was continued.
CLOSED SESSION: Pursuant to Va. Code Section 2.1-344 (A1) and upon motion of Mr. Hendrick, seconded by Mr. Helms and vote of 7 AYES and 0 NOES, Town Council entered into closed session to discuss personnel matters. Mr. Hendrick moved that the Town Council return to open session and that all matters discussed during the closed session were those lawfully exempted from open session. The motion was seconded by Mr. Burkett and carried unanimously. Mr. Leaman, Mr. Mutter, Mr. Price, Mr. Helms, Mr. Burkett, Mr. Hendrick and Dr. Gates voted affirmatively.
Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the meeting was adjourned.