Minutes of a regular meeting of the Town Council of the Town of Marion, Virginia held in the Council Chambers of the Municipal Building on June 4, 2001 at 7:00 p.m.
PRESENT: Mayor David P. Helms; Samuel Burkett, Sam Mutter, Eugene Hendrick, Buford Cregger, Dr. James Gates, Mel Leaman and Ralph Price, Council Members; Town Manager John E. B. Clark, Jr.; Town Engineer Cecil Hicks; Police Chief Michael Roberts; Town Attorney Mark Fenyk.
INVOCATION/PLEDGE TO THE FLAG: Mr. Hicks rendered the invocation and Mayor Helms led the Pledge to the Flag.
MINUTES: Upon motion of Mr. Price, seconded by Mr. Mutter, and vote of 7 AYES and 0 NOES, the minutes of the meeting of 5/21/01 were approved as written and distributed. Messers Burkett, Mutter, Hendrick, Cregger, Leaman, Gates and Price voted affirmatively.
VISITORS: James Pugh, J. S. Staley, Susan Staley, Jim Losse, E. J. Haack, Jessamyn Losse, Jouette Groseclose, Joanne Groseclose, Nick Groseclose, Vince Groseclose, Linda Kelly, Julianne Kelly, Allison Gray, Melvin E. Louthen, Sr., Carrie Louthen, Barbara A. Louthen, Sandi Goodman, Lindsey Goodman, Fred Dimit, Julia Gray, Sandra Gray, John Gray, Stephanie Gray, Martha Larmer, Betty Barker, Rev. Harry Howe, Rev. Charles DeHart.
PUBLIC HEARING-UNITED CITIES GAS FRANCHISE ORDINANCE: James Pugh was present to address questions that Council may have had concerning the Gas Franchise Ordinance, as presented. Upon motion of Dr. Gates, seconded by Mr. Hendrick and vote of 7 AYES and 0 NOES, the franchise was approved.
PUBLIC HEARING-PROPOSED FY 2001-2002 BUDGET: A balanced proposed budget in the amount of $6,207,611 was presented for Public Hearing. Requests for support of the Historical Museum Society, and Smyth County Free Clinic were received from Fred Dimit and Betty Barker, respectively. With no further comments, Mayor Helms closed the Public Hearing.
PUBLIC HEARINGS FOR TOWN COUNCIL MEETING OF JUNE 18, 2001:
SPECIAL PRESENTATIONS-GIRL SCOUT GOLD AWARDS:
The Gold Award is the highest honor to be achieved by a Girl Scout. Mayor Helms presented each of the following young ladies with a Resolution of Recognition upon earning the Girl Scout Gold Award: Susan Staley, Allison Gray, Julianne Kelly, Carrie Louthen, Lindsey Goodman, Jessamyn Losse, Jouette Groseclose. Upon motion of Mr. Mutter, seconded by Mr. Burkett and vote of 7 AYES and 0 NOES, the Resolutions were adopted.
WATER SERVICE REQUEST-LAUREL SPRINGS ROAD: Mr. Hicks advised that VDOT had informed him that there is no casing of the water line under the Interstate 81 Bridge. Mayor Helms referred this matter to the Water Committee for discussion.
DECALS DISPLAYED ON TOWN VEHICLES: Purchasing Agent B. J. Hamm had acquired quotes on the purchase of identification decals for Town vehicles, using two colors and measuring at 14 inch round. Dr. Gates moved that the Town purchase decals from the low bidder and that Mr. Clark determine how many and which vehicles should display them. The motion was seconded by Mr. Leaman and carried unanimously. Members of Town Council requested that a Special Committee be appointed to assist in reviewing a sample design and choose a color for the decals. Currently, the decals are white with black letters. Mayor Helms appointed Mr. Mutter and Mr. Price to serve on this committee.
CHRISTMAS DECORATIONS-REPORT FROM TOWN MANAGER: Mr. Clark advised that information has been obtained and forwarded to the Special Committee for Christmas Decorations, Mr. Price and Mr. Cregger. He stated that Bill Buchanan, of the Rotary Club, and select members of the Rotary Club would form a Committee to determine the design and how many decorations will be purchased.
APPOINTMENT TO PLANNING COMMISSION: Mr. Leaman reported that he spoke with Bob Nelson concerning reappointment to the Planning Commission. Mr. Nelson declined another appointment, due to health reasons. Mr. Mutter nominated Brenda Bennett and Dr. Gates nominated Duncan McGregor to serve on the Marion Planning Commission. Dr. Gates moved that these candidates be considered for appointment to the Planning Commission.
TOWN PARKING LOT-TOWN MANAGER: Mr. Clark informed Town Council that the appraisal for the property is $2,000. The parking lot will be advertised for sale in the Smyth County News and closed bids will be taken.
ANNUAL DRINKING WATER REPORT-ENGINEER: Mr. Hicks explained that the EPA requires that each town prepare an Annual Drinking Water Quality Report. The report identified, among other items, the Town's water sources and results of quality testing. The Report is sent to all water customers.
REQUEST FOR PROPOSAL-PARK BOULEVARD HIKING/BIKING TRAIL-TOWN MANAGER: Mr. Clark advised that the Request for Proposals have been prepared and are due by June 30, 2001. Advertisements will be placed in local and regional newspaper publications. An engineering firm will then be selected and some surveying conducted. This project will be a joint effort by the Town and Friends of Hungry Mother State Park.
SET DATE OF TOWN/COUNTY QUARTERLY MEETING: A tentative date of June 26, 2001 at 6:00 p.m. was scheduled for the Town/County Quarterly Meeting. Mr. Clark will invite John Taminger, of the Friends of Hungry Mother Park, to present a program on the Hiking/Biking Trail and other economic developments.
SET DATE OF SPECIAL MEETING TO CLOSE 2000-2001 FISCAL YEAR MATTERS: Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the Special Meeting to close fiscal year matters was set for June 29, 2001 at 5:00 p.m.
STREET LIGHT COMMITTEE-REQUEST FOR LIGHT-635 LESLIE STREET: Mr. Clark reported that American Electric Power Company has recommended that the lumens of existing street lights be increased from 10,000 to 20,000 or that the arm be extended. Due to large trees in the area, this may or may not help the situation. Mr. Hendrick stated that the Town policy is not to place streetlights any closer than every other pole. Mr. Cregger moved that the arm be extended and lumens be increased. Dr. Gates seconded the motion, which was approved unanimously.
FIRE COMMITTEE-REPORT ON FIRE TRUCK: Dr. Gates and Mr. Mutter recently viewed a video that depicted the fire engine that the MVFD intends to purchase. Dr. Gates felt that more information should be gathered prior to the Town's making a final commitment. Mr. Mutter stated that he had previously submitted the items presented by the MVFD that are needed on the new truck. Mr. Mutter encouraged all other Town Council Members to view the video. A meeting will be scheduled for those members of Town Council, who wish to view it. It has been estimated that the new fire engine will cost in excess of $600,000.
TECHNOLOGY COMMITTEE-WEBSITE: Upon motion of Mr. Leaman, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, this item was continued.
STREET COMMITTEE-DRAINAGE SITUATION AT 576 FOWLER STREET: A complaint had been received from Joe W. Rogers, 576 Fowler Street, concerning pavement of his driveway following the Fowler Street Widening Project. He stated that the driveway is now higher, therefore, causing water to drain onto his carport and patio. He had submitted two (2) bids for remedy to this situation. It was agreed, that during the Hungry Mother Sewer Line Project and widening of Fowler Street Project, that the Town would reclaim the lawns and "cap" the driveways of those disturbed during construction. The Street Committee recommended that the Town pay $2,800 to Mr. Rogers and allow him to make arrangements to repair his driveway to his satisfaction and prepare a release to be signed by the Town and Mr. Rogers. Mr. Mutter moved that the Town leave the project as is. The motion died for lack of a second. Mr. Cregger moved that Council accept the recommendation of the Street Committee and that Mr. Fenyk prepare a release from further involvement in this situation. Mr. Hendrick seconded the motion. Council approved the same by a vote of 5 AYES and 2 NOES (Mutter, Price).
STREET COMMITTEE-PAVING SCHEDULE: The 2001 Paving schedule was presented to Council for approval. Mr. Hicks estimated the cost to be $92,276. Upon motion of Mr. Hendrick, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, Town Council approved the paving schedule, as presented.
FINANCE COMMITTEE-REQUEST FOR FUNDS FROM SMYTH COUNTY FREE CLINIC: Betty Barker, of the Smyth County Free Medical Clinic Board of Directors, requested that Marion Town Council consider financial support to provide medical care for the citizens in our community who do not qualify for welfare, Medicaid or Medicare benefits. The Clinic was established in August 2000. The clinic is currently located in the Smyth County Health Department building. A "new" expanded facility will be open soon in the Marion Plaza Shopping Center. Rental Space has been donated by Mack Trammel and medical equipment and furnishings for use in the new location was donated by Dr. Emmett Richardson. Harry Howell informed Council that remodeling for the facility could be completed for approximately $10,000 and asked for financial help from the Town. Dr. Gates stated that the Free Clinic was a worthy enterprise and moved to approve $10,000 to complete renovations. The motion was seconded by Mr. Burkett and carried unanimously. Messers Burkett, Price, Gates, Hendrick, Leaman, Cregger, and Mutter voted affirmatively. Dr. Gates noted that nothing had been added into the Town's FY2001-2002 Budget for the Smyth County Free Clinic. Linda Larmer stated that funding would increase from other sources as the Clinic is established.
FINANCE COMMITTEE-TAX REBATE FOR THE ELDERLY AND PERMANENTLY DISABLED: Town Council considered an adjustment to the requirements of the Real Estate Tax Relief for the Elderly and Permanently Disabled. The Finance Committee recommends the following adjustments: One proposed change was to increase the gross income of the owner(s) for all sources, and of the owner's relatives living in the dwelling for which the exemption is claimed (the first $1500 of each relative is exempt) not to exceed $18,000. The second proposed change is to allow the combined net worth of the applicant and of the applicant's spouse shall not exceed $30,000 not including the dwelling and up to one acre of land on which it is situated. Upon motion of Mr. Burkett seconded by Dr. Gates, and vote of 7 AYES and 0 NOES, the changes were approved.
INSURANCE COMMITTEE-CONSIDERATION OF VML NO FAULT PROPERTY DAMAGE POLICY: A proposal from VML Insurance Programs for No Fault Property Damage Coverage for the Town of Marion, in the amount of $2,062 annually, was presented for consideration. This coverage would cover damage to property subsequent to the Town providing normal public service, which the Town is not technically liable for, according to the doctrine of sovereign immunity. Coverage would be provided on both the automobile and liability policies. The limit is $10,000 per occurrence. Upon recommendation of the Insurance Committee and motion of Mr. Henrdrick, seconded by Mr. Burkett, and vote of 6 AYES and 1 NOE (Price), the Town Manager was directed to purchase the coverage for the Town of Marion. Messers Burkett, Gates, Leaman, Cregger, Hendrick and Mutter voted affirmatively.
PROJECT CROSSROADS: Rev. Harry Howell expressed appreciation from Project Crossroads for the Town of Marion Recreation Department allowing their volunteer workers to shower and swim at the pool facilities.
DARE GRADUATION: Mayor Helms stated that he attended the Fifth Grade Graduation of D.A.R.E. participants. He was very impressed with the program and children receiving the honor.
CHILI COOKOFF: Mayor Helms advised that the Annual Chili Cook Off would be held on July 20, 2001. He hopes that the Town will enter a team.
SANITATION COMMITTEE: Mayor Helms requested that the Sanitation Committee meet to discuss Care of Premises of Real Estate. A number of complaints have been received that weeds, grass and trash are taking over some lawns in Town. Current regulations require that the grass be mowed one time per year.
ORDINANCE-TOWN ATTORNEY: Mr. Fenyk suggested that the Town revise Section 74-69 of the Town Code to reflect the fact that the Town of Marion and Smyth County have agreed to decline to sell a vehicle decal to those individuals owing Personal Property Taxes to either jurisdiction
BOARD OF ZONING APPEALS APPOINTMENTS: Mr. Fenyk advised that all Board of Zoning Appeals Appointments have been signed by the Judge and are up to date.
TRAILERS ON TOWN PROPERTY IN CURRIN VALLEY: Mr. Cregger asked if any action has taken place concerning the removal of privately owned trailers being removed from Town property in Currin Valley. He volunteered to follow up on this matter.
ABANDONED VEHICLES: Mr. Cregger asked the status of removing abandoned and inoperable vehicles on public or private property. Police Chief Michael Roberts stated that 4 vehicles, in the public right-of-way, have been moved from the Street. Mr. Cregger stated that some of those have only moved to private property. Chief Roberts stated that the Sanitation Committee would consider this matter at the earliest possible date.
SOCCER TEAMS: Dr. Gates reported that the boys and girls soccer teams were runner-ups in Regional play. However, both teams have advanced to the State semi-finals. The MSHS girl's team will play in Salem and the MSHS Boys team will meet Blacksburg at 7:00 p.m. on 6/5/01.
SIGNS: Signs advertising Helig-Myers Going Out of Business have been placed at intersections and along highways of Marion. Many complaints have been received on this matter. Mr. Fenyk has called the Federal Bankruptcy Court concerning this matter, as Heilig-Myers stated that they are within their rights, per bankruptcy regulations.
WATER BILLING: Ms. Sheets advised that water bills are usually mailed on the last day of the month. However, due to an equipment problem, they were mailed today, 6/4/01.
PURSUANT TO Code of Virginia Section 2.1-344 (5), as amended, and upon motion of Mr. Hendrick, seconded by Mr. Mutter, and vote of 7 AYES and 0 NOES, Council entered into Closed Session for Discussion of Potential Industrial Expansion. Mr. Hendrick moved that Council return to Open Session and that it be known that only those matters lawfully exempted from Open Session were discussed during the Closed Session. The motion was seconded by Mr. Price, and carried unanimously. Messers Burkett, Mutter, Hendrick, Cregger, Gates, Leaman, and Price voted affirmatively.
Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the meeting was adjourned.