PRESENT: Mayor Marshall Guy; Samuel Burkett, David Helms, Sam Mutter, Mel Leaman, Ralph Price and Eugene Hendrick, Council Members; Town Manager Henry Booker; Town Engineer Cecil Hicks, Town Attorney Mark Fenyk; and Police Officer Rex Anders.
MINUTES: Upon motion of Mr. Mutter, seconded by Mr. Helms, and vote of 6 AYES and 0 NOES, the minutes of the meeting of 4/17/00 were approved as written and distributed.
Upon motion of Mr. Mutter, seconded by Mr. Leaman, and vote of 6 AYES and 0 NOES, the minutes of the Special Called meeting, held 4/24/00, were approved as written and distributed.
VISITORS: Mark Warren, Steve Wymer, B. J. Hamm, Todd May, and Richard Keesling.
REVIEW OF STORM WATER DRAINAGE FROM JOB CORPS: Mr. Hendrick reported that it has been determined that the Town does indeed have a five foot easement, dated July 11, 1960, granting permission for the Town to operate and maintain a 12 inch storm drain.
REQUEST TO AUTHORIZE THE AIRPORT COMMISSION TO APPLY FOR A LOAN: The Airport Commission has requested that the Town grant permission for the Commission to borrow funds on behalf of Wythe County. The Town was concerned that if the Commission was granted a loan, the Town would be responsible for a pro-rata share of the repayment. The Committee met with Robert Johnson of the Airport Commission. Mr. Johnson was to obtain an opinion from the Commission's attorney, John Tate. Mr. Travis Jackson, Rural Development, had informed Mr. Johnson that Wythe County would have sole responsibility for the repayment of the loan.
FIRE COMMITTEE: Marion Volunteer Fire Department has requested the purchase of a new fire truck. Estimated cost of the vehicle if $500,000. Mr. Mutter and Mr. Booker met with members of the MVFD to discuss the request. The firemen expressed concern that the current pumpers are getting old, one is a 1976 and one is 1986. They further stated that answered calls have increased 300% in recent years. A new truck would help the Department meet National Fire Programs Association Standards and improve the ISO rating. If approved, the delivery date would be 10-12 months, as the vehicle would be custom made for the MVFD.
POLICE COMMITTEE - REPORT ON POLICE DOG:
STREET LIGHT COMMITTEE-REQUEST FOR LIGHT AT 810 CUMBERLAND STREET:
DEDICATION OF THE RENOVATED MARION MUNICIPAL BUILDING: Sunday, April 30, 2000 from 2-5 p.m, the renovated Municipal Building was dedicated. The dedication plaque was unveiled by John Tate.
CDBG FUNDING: Mayor Guy informed Town Council that he recently attended a meeting of the Federal Housing Authority to ensure that the Town is eligible for CDBG funding for housing projects.
LEGISLATIVE BREAKFAST: Mayor Guy reminded Council that a Legislative Breakfast will be held at the Hungry Mother State Park Restaurant on May 11, 2000 at 7: 15 a.m.
INDUSTRY APPRECIATION: Mayor Guy reminded Council of Industry Appreciation Day on May 18, 2000 and the Salute to Industry Golf Tournament also on May 18.
SMYTH COUNTY COMMUNITY HOSPITAL/CHAMBER OF COMMERCE: Mr. Price advised that there will be a "get to know you" affair on May 4, 2000 from 4:30 - 7:30 p.m.
FOWLER STREET WIDENING: Mr. Helms stated that there are several areas along the roadway that are in need of attention as a result of the construction. He added that these should be listed and followed up on.
PEDESTRIAN LIGHT AT BANK OF MARION AT THE INTERSECTION OF MAIN AND CHURCH STREETS: Mr. Helms asked that the pedestrian light be re-installed. Mr. Booker advised that this is the Town's responsibility and will be taken care of soon. Mr. Booker added that the "No Left Turn"sign, at the Bank of Marion, will be attached to the next building (also owned by the Bank of Marion).
RECREATION DIRECTOR: Upon motion of Mr. Burkett, seconded by Mr. Helms and vote of 6 AYES and 0 NOES, Herman E. "Gene" Olinger was named Recreation Director
COMMERCE STREET WATER LINE: Mr. Hicks informed Council that this project will be bid May 26, 2000.
CHURCH BELLS: The Church of God on Chatham Hill Road has requested permission to install carillons at their church. They expressed concern that they would breach the Noise Ordinance. Mr. Fenyk advised that to breach the Noise Ordinance, the noise must be monitored for 10 minutes and be over the allowed limit 50% of the time. Upon motion of Mr. Mutter, seconded by Mr. Helms and vote of 6 AYES and 0 NOES, Mr. Booker was asked to notify the Church of God that it is the opinion of Town Council that the carillon will not breach the Noise Ordinance.
MUNICIPAL BUILDING: Mr. Booker advised that a request has been received for early release of funds to U. S. Construction. This matter was referred to the Building Committee.
FIRE STATION: Mr. Booker noted that the Town has agreed to the cost of liquidated damages and it is the opinion of the architect, Cameron Wolfe, that the contractor be paid $77,944. Final payment in the amount of $88,245.10, dated 8/18/99 was returned to the Town by the attorneys for Associated Construction. The returned funds were invested separately in a Certificate of Deposit, pending completion of the project. The Certificate renews the 3rd of each month. Mr. Burkett stated that Cameron Wolfe is responsible to see that the project is complete and sub-contractors are paid. Also, per Cameron Wolfe, the bonding company was notified and upon contacting the contractors, was informed that negotiations were underway. Discussion ensued. Mr. Leaman moved that the Town Attorney draft a letter, stating that the punch list must be completed prior to any payments being made and that he contact the bonding company. The motion was seconded by Mr. Mutter and carried by a vote of 6 AYES and 0 NOES. Mr. Booker added that Associated Construction has also requested the interest accrued on the monies they returned.
PURSUANT TO VIRGINIA CODE 2.1-344 (A1) and upon motion of Mr. Hendrick, seconded by Mr. Price and vote of 6 AYES and 0 NOES, Council entered into Closed Session to discuss a personnel matter. Mr. Hendrick moved that Council return to Open Session and that it be known that only those matters legally exempted from Open Session were discussed during the Closed Session. The motion was seconded by Mr. Price and carried by a vote of 6 AYES and 0 NOES.
Upon motion, duly seconded and vote of 6 AYES and 0 NOES, the meeting was adjourned.