PRESENT: Mayor David P. Helms; Samuel S. Burkett, Sam Mutter, Eugene Hendrick, Buford Cregger, Dr. James Gates, Mel Leaman, and Ralph Price, Council Members; Town Manager John E. B. Clark, Jr.; Police Chief Michael Roberts; Purchasing Agent B. J. Hamm; Town Engineer Cecil Hicks and Town Attorney Mark Fenyk.
INVOCATION/PLEDGE TO THE FLAG: Mr. Hicks rendered the invocation and Mayor Helms led the Pledge to the Flag.
MINUTES: Mr. Hendrick noted that reference to Worker’s Compensation for the Fire Department was on both page 3 and page 4 of the minutes. He moved that the item on page 4 be removed and that the minutes be approved, with the correction noted. The motion was seconded and carried unanimously. Messers Burkett, Mutter, Cregger, Hendrick, Leaman Gates and Price voted affirmatively.
VISITORS: Shirley Blackwell, Lee Ann Prescott, Connie Brown, James Brown, Rebecca Oakes and Bob Chandler.
REPORT ON REVIEW OF PROPOSALS-PARK BOULEVARD HIKING/BIKING TRAIL-STREET COMMITTEE: Council was informed that a Selection Committee consisting of Town representatives Mayor Helms, Mr. Hendrick, Mr. Cregger, Mr. Clark; J. S. Staley, Jr. of the Smyth County Board of Supervisors; John Taminger of the Friends of Hungry Mother State Park; and Mike Jones, MRPDC will interview Engineering Firms for the Park Boulevard Hiking/Biking Trail Project. Six firms submitted proposals. Each selected firm will present a formal presentation no to exceed 20 minutes. Those firms to be interviewed are Engineering Concepts, Anderson and Associates, and Dewberry and Davis.
REQUEST TO CLOSE UNOPENED PORTION OF THIRD STREET BETWEEN LOOK AND LINCOLN AVENUES-TOWN MANAGER: Mr. Clark advised that a Public Hearing to discuss the requested closure of Third Street was held on 8/6/01. After much discussion, Mr. Clark was asked to provide adjoining property owners with the costs that may be levied in conjunction with closing of the Street. They are: Survey Cost $400; Advertisement in Smyth County News (2 ads) $39.88; Certified letters $15.76; Deed Preparation $200; Additional Attorney fees $200 and recording fees $80. This is the minimum amount to be charged to close this street. Initially, Mr. Clark had advised petitioners that the cost would not exceed $100. However, Town Attorney Mark Fenyk stated that $100 only applies to the application fee. In addition, Council has discussed appraising and charging the value of the property to the petitioners if the street is vacated and split between the four landowners. Estimated cost for an appraisal is $200. The value of the property is undetermined since Council had not formally asked that this be assessed. Mr. Blevins, petitioner, was unable to attend the meeting. Upon motion of Mr. Hendrick, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, this item was continued.
APPOINTMENTS TO TREE BOARD-SHIRLEY BLACKWELL: Mrs. Blackwell presented a list of 22 candidates to serve on the Tree Board. Brenda Bennett had been approved to serve as the Town’s appointee. Mrs. Blackwell presented 22 names, including Mrs. Bennett. Council asked that she contact each individual nominated and discuss the duties of Board members and extend an invitation to serve. Mrs. Blackwell will report to Council at the September 6, 2001 meeting.
ADOPTION OF 2020 TRANSPORTATION PLAN-BOB CHANDLER OF VDOT: Bob Chandler, VDOT, presented a brief overview of the proposed 2020 Transportation Plan. He cited the high-lights as: 1) Route 11 to Pendleton Street (prohibit left turn); 2) Route 16/Park Boulevard (warning signs and lights); 3) Fowler Street Extension (from Prater Lane to Park Boulevard). He supplied the Town with maps detailing the plan. Mr. Chandler advised that the proposals are for planning purposes and will be re-evaluated in five (5) years. The Town will continue to attend the VDOT annual Pre-Allocation Hearings. Upon motion of Mr. Hendrick, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, the 2020 Transportation Plan was adopted.
ACCOUNTS: Mr. Burkett moved that $624,213.74 be paid from the General Fund. The motion was seconded by Mr. Leaman and approved unanimously. Messers Burkett, Mutter, Hendrick, Cregger, Gates, Leaman and Price voted affirmatively.
INVESTMENTS: Upon motion of Mr. Mutter, seconded by Mr. Burkett and vote of 7 AYES and 0 NOES, the Investment Report was approved as presented. Messers Burkett, Gates Leaman, Cregger, Price, Leaman and Mutter voted affirmatively.
NOTICE OF VDOT TEA-21 FUNDING AND AUGUST 23 PRESS CONFERENCE-TOWN MANAGER: Mr. Clark advised that the Commonwealth Transportation Board has approved funds for the Pedestrian/Bicycle Trail, in the amount of $250,000. Also approved is $37,000 for the East Chilhowie Street Bridge Renovation. A press conference has been scheduled at Hungry Mother State Park on August 23, 2001 at 9:30 a.m. All Council members were invited to attend.
MATCHING FUNDING REQUEST FOR SILVER TREE, INC.-MT. ROGERS PDC REVOLVING LOAN-BRIAN MARTIN-MRPDC: Silver Tree, Ltd. is a local industry that produces high-end custom furniture. They are located on Franklin Street and owned by James and Connie Brown. Silver Tree has requested a $100,000 loan through the Mount Roger Planning District Commission’s Loan Fund Program, which offers low-interest loans to small local industries. The purpose of the loan application is to make purchases and preparations for a recently completed contract that will more than double their current product output. Mr. Brown plans to hire seven or more people skilled in wood furniture production. In order for MRPDC to make the loan, a local match of 25 percent is required. MRPDC will provide funds for 15% of the match and is asking the Town of Marion to commit to a 10 percent ($10,000) match in order for this project to proceed. J. Brian Martin is the MRPDC Loan Funds Administrator. Upon motion of Mr. Leaman, seconded by Mr. Burkett and vote of 7 AYES and 0 NOES, this item was referred to the Finance Committee.
RESOLUTION OF SUPPORT FOR APPALACHIAN REGIONAL COMMISSION FUNDING-LEE ANN PRESCOTT: Lee Ann Prescott read the Resolution. Upon Motion of Mr. Leaman, seconded by Mr. Hendrick and vote of 6 AYES and 1 ABSTENTION (Gates), the Resolution was adopted.
STREET COMMITTEE-DRAINAGE ON STALEY STREET: Mr. Hicks reported that the project is in the design and right-of-way phase. Negotiations continued with the contractor, D&D Construction, to provide equipment and labor for the project. He noted that D&D Construction owns the property.
BUILDING COMMITTEE-LAUREL CREEK NURSERY FOR FIRE HALL AND REQUEST TO SUB-LEASE HAPPY’S RESTAURANT: Mr. Price stated that it is the recommendation of the Building Committee to pay Laurel Creek Nursery for work performed at the Fire Hall. He moved that the Town pay this bill. Mr. Cregger seconded the motion. During the discussion, Council was informed that the architect, Cameron Wolfe, had a verbal agreement with the Nursery. Council cast a vote of 3 AYES, 3 NOES (Gates, Hendrick, Mutter) and 1 ABSTENTION (Leaman). Mayor Helms cast the deciding AYE vote. Therefore, the outstanding bill to Laurel Creek Nursery for the Fire Hall was ordered to be paid. Dr. Gates felt that Cameron Wolfe should share in the payment to Laurel Creek Nursery. The matter of a sub-lease of Happy’s Restaurant was continued.
ORDINANCE COMMITTEE-REQUEST AND PROPOSAL TO MODIFY LANGUAGE OF SECTION 30-33 OF THE TOWN CODE CONCERNING VEHICULAR NOISE AND ELECTRIC POWER FRANCHISE: Dr. Gates moved that this item be set for Public Hearing on September 17, 2001 at 7:00 p.m. The motion was seconded by Mr. Mutter and carried unanimously.
AMERICAN ELECTRIC POWER FRANCHISE: Based upon the recommendation of the Ordinance Committee, Mr. Fenyk had prepared a draft franchise agreement. AEP is currently reviewing the document.
SANITATION COMMITTEE-BRUSH PICK-UP: Mr. Clark reported that a change in the brush pick-up schedule will result in brush, grass and yard waste being collected once per month starting the week of the fourth Monday of the month, effective October 1 thru April 30, in the same zones as the garbage is picked up. From May 1 thru September 30, pickup will be every day by zone due to greater demand during the growing season.
REPORT OF FIRE COMMITTEE: Dr. Gates reported that the Fire Department wants Larry Stevens to perform an assessment of the MVFD Master Plan, not only fire truck specifications. They have agreed to pay the full amount for his services. Town Council had suggested that the Virginia Department of Fire Programs review the fire truck specifications. The Fire Department wanted a more comprehensive evaluation.
MT. ROGERS PLANNING DISTRICT COMMISSION: Mayor Helms informed Council members that Mr. Burkett will attend the MRPDC Fall meeting on September 6, 2001.
ADELPIA CABLE: Mr. Clark was asked to contact Hilda Sexton, Adelphia Cable, to find out the status of new channels promised to customers.
TRAFFIC LIGHT SYSTEM - FOWLER STREET EXTENSION AND PARK BOULEVARD: Mr. Hicks advised that there was only one bid. The bidder was Ricardson-Weyland in the amount of $71,000. Upon motion of Mr. Hendrick, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, the bid was awarded to Richardson-Weyland. Messers Burkett, Price, Gates, Leaman, Cregger, Hendrick and Price voted affirmatively.
POLICE GRANTS: Mr. Mutter asked Chief Roberts if all available personnel were being utilized to pursue federal and state grants. He stated that many Police Departments in Southwest Virginia have and still are applying for and winning Federal and State grants. According to Mr. Mutter, Marion Police Department has applied for few grants. Chief Roberts responded that Alco Sensors, Overtime for Special Enforcement, After Prom Grant, digital cameras, scanners and computers have been purchased with grant funds applied for by various Police Department Personnel.
PURSUANT TO VIRGINIA CODE 2.1-344 (A7), AS AMENDED, and upon motion of Mr. Hendrick, seconded by Mr. Price, and vote of 7 AYES and 0 NOES, Council entered into Closed Session to discuss litigation concerning Jones vs Town of Marion and other litigation matters. Mr. Hendrick moved that Council return to Open Session and that it be known that only those matters legally exempted from Open Session and identified in the motion were discussed during Closed Session. Mr. Price seconded the motion. Council approved the same unanimously. Messers Burkett, Price, Gates, Leaman, Cregger, Hendrick and Mutter voted affirmatively.
JONES VS TOWN OF MARION: Mr. Fenyk requested that Mr. Clark, Mr. Hicks and Mr. Mason determine the value of the 3 inches of water to be supplied to Mr. Jones, as well as the flow for 5 years and ten years. Mr. Fenyk recommended that the Town attempt to purchase the water and settle this matter. Dr. Gates moved that the item be continued. Mr. Price seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES.
Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the meeting was adjourned.