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 November 18, 2002 at 7:00 p.m.
PRESENT: Mayor David P. Helms; Samuel Burkett, Buford Cregger, Ken Heath, Eugene Hendrick, Mark Warren, Mel Leaman, and Dr. James Gates, Council Members; Town Manager John E. B. Clark, Jr.; Town Engineer Cecil Hicks; Town Attorney Mark Fenyk; and Police Chief Michael Roberts.
INVOCATION/PLEDGE TO THE FLAG: Rev. Don Smith, Associate Pastor of First United Methodist Church, rendered the invocation. Alex Rhodes of Troop 93 led the Pledge to the Flag
MINUTES: Upon motion of Mr. Leaman, seconded by Mr. Burkett and vote of 7 AYES and 0 NOES, the minutes of the meeting of November 4, 2002 were approved as written and distributed. Messrs Burkett, Leaman, Hendrick, Warren, Heath, Cregger and Dr. Gates voted affirmatively.
VISITORS: Roy Evans, Joe Hutton, Joshua Hutton, Creed Evans, Jeremy Powers, Chris Powers, Tom Hower, J. W. Martin, Alex Rhodes, Jonathan Catron, Blake Richardson, Jacob Losse, Will Beatty, Sam Kiser, Jim Losse, Ernest Catron, Rev. Donald Smith, David Fields, Sam Mutter, and Ralph Price.
VML ACHIEVEMENT AWARD: Mayor Helms displayed the 2002 VML Achievement Award received by the Town of Marion as a result of construction of Callan Drive. Construction of the street will encourage development of adjacent property for much needed housing and a thru street from Chatham Hill Road, Fowler Street and Prater Lane to Route 16 (Park Boulevard) and Culbert Drive.
REPORT FROM SCORING COMMITTEE ON WATER TREATMENT PLANT PROPOSALS: the Town received proposals for the Water Treatment Plant Evaluation including Influent Pump Station on September 30, 2002. The Selection Committee reviewed the proposals and chose two (2) engineering firms to be interviewed on November 14, 2002. The Scoring Committee consisted of Mayor Helms, Mr. Clark, Cecil Hicks and Water Plant Superintendent Bob Mason. The firms interviewed were Thompson and Litton and Dewberry and Davis. The Committee recommended that Dewberry and Davis be awarded the project with a score of 84. Thompson and Litton averaged 80. Upon motion of Mr. Burkett, seconded by Mr.Hendrick, and vote of 7 AYES and 0 NOES, Council accepted and approved the Committee recommendation to award the project to Dewberry & Davis.
ADVERTISEMENT OF CONCRETE BID-TOWN ENGINEER: Sealed bids will be accepted until 1:00 p.m. on December 13, 2002 for concrete work on curbs and gutters, sidewalks and entrance aprons. These are to be advertised in the Smyth County News and Messenger and Saltville Progress. Mr. Hicks advised that the Town would provide fill material, topsoil and seed to the contractor for backfill. Mr. Cregger moved that the Town prepare the bid to request quotations for a “turn-key” job and an alternative quote with the Town providing back-fill material. Mr. Leaman seconded the motion. Council approved the motion by a vote of 6 AYES and 1 ABSTENTION (Heath).
CONSIDERATION OF ANDERSON AND ASSOCIATES CONTRACT FOR GIS DIGITIZING TAX MAPS: Anderson and Associates, Inc. presented a proposal for creating GIS parcels for the Town of Marion at a cost of $13,750. This item was continued.
REPORT FROM MARION POLICE DEPARTMENT-COMPLAINT OF LARGE TRUCKS ON CULBERT DRIVE: Police Department continues to monitor this situation.
ACCOUNTS: Upon motion, duly seconded and vote of 7 AYES and 0 NOES, Town Council approved payment of the accounts in the amount of $386,602.45. Messrs Burkett, Leaman, Hendrick, Warren, Heath, Cregger and Dr. Gates voted affirmatively.
INVESTMENTS: There were no investment renewals.
REQUEST FROM COMMONWEALTH ATTORNEY’S OFFICE ON ADDITIONAL FUNDING-ROY EVANS: The Town was informed by the Commonwealth’s Attorney for Smyth County that the Board of Supervisors Budget Committee has decided to make mid term cuts in their budgets. His office budget will be cut $18,614. He stated that because of these cuts his office would no longer be able to provide prosecution service on Town cases. He is requesting that the Towns and Smyth County allocate supplements to offset the budget cuts. He requests that the Town of Marion portion be $8,064 (43%) of the budget shortfall. Mr. Evans stated that this might become an annual request. Upon motion of Mr. Leaman, seconded by Dr. Gates, and vote of 7 AYES and 0 NOES, the request was referred to the Finance Committee for consideration and recommendation.
Dr. Gates noted that, in general, Smyth County has provided minimal funding for fire, recreation and senior citizen services. Mr. Heath added that the Town bills, collects and submits payment of County sewer customers who are also Town water customers to Smyth County. He stated that the Town is also responsible for checking County taxes when selling auto decals.
PROPOSED CONTRACT FROM ANDERSON AND ASSOCIATES ON WEB GIS HOSTING CONTRACT: Town Attorney, Mark Fenyk, stated that review of the proposed contract submitted by Anderson & Associates, is complete and now appears to specify the training that personnel from the Town of Marion will receive. He added that the contract is open ended in its time frame as it relates to the VGIN photography. Anderson & Associates will be given a specified time after receiving the photography to complete the project. The Town currently has a legal and binding contract with Anderson & Associates, based upon completion of a grant project thru Mt. Rogers Planning District Commission/Smyth County. However, the Town of Marion parcels were not included in the mapping of the Towns of Saltville, Chilhowie, and the remainder of Smyth County. Therefore there is no data to be completed. Upon motion of Mr. Heath, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, this matter was referred to the Technology Committee for study and report.
PROPOSAL FROM LOCAL GOVERNMENT ATTORNEYS OF VIRGINIA (LGA)-TOWN ATTORNEY: Mr. Fenyk has requested that the Town of Marion apply for membership in the Local Government Attorneys of Virginia, Inc. The benefit of full membership is that the Town would have a vote in determining the direction that LGA takes. The organization operates out of the University of Virginia’s Cooper Center for Public Services. Other benefits of membership include seminars and other educational opportunities related to municipal law. The cost of membership is $250. Upon motion of Dr. Gates, seconded by Mr. Warren and vote of 7 AYES and 0 NOES, Council voted to apply for membership in the LGA for Town Attorney Mark Fenyk. Messrs Burkett, Hendrick, Cregger, Leaman, Heath, Warren and Dr. Gates voted affirmatively.
ORDINANCE COMMITTEE-BUSINESS GARBAGE PICK-UP: This item was continued.
INSURANCE COMMITTEE ON HEALTH INSURANCE RENEWAL: Health Insurance renewal quotations have been received from Trigon. Henry Brant and Sandra Anderson met with Town staff and the Insurance Committee to discuss rate increases. The renewal rate increase for current coverage is 25.84%. Several options were discussed, including an increase in the medication co-pay. The Insurance Committee recommended that the Town increase the co-pay for prescription medication and an increase in premium of 19.90%. Mr. Hendrick moved that the Health Insurance be renewed at Option 1. Coverage would remain the same except co-pay on prescription card to increase from $5/$10/$25 to $10/$20//$35. In additional the employee share of the premium will increase 19.90% per month as follows:
| Old Rate | New Rate | |
| Employee Only | $ 64.00 | $ 77.63 |
| Employee Plus 1 Child | 105.99 | 127.81 |
| Employee Family | 150.00 | 179.25 |
The motion was seconded by Mr. Burkett, and carried by a vote of 7 AYES and 0 NOES. Messrs Burkett, Hendrick, Cregger, Leaman, Heath, Warren and Dr. Gates voted affirmatively.
STREET COMMITTEE-REQUEST FROM WILLIAM WHITE-PRATER LANE: Mr. Clark advised that a “Blind Entrance” sign has been installed at the crest of Prater Lane. Mr. Heath moved that Mr. White’s request for a stop sign be denied. Mr. Cregger seconded the motion. Council approved the motion by a vote of 7 AYES and 0 NOES.
LEGISLATIVE BREAKFAST: Mayor Helms reminded Council members of the Legislative Breakfast to be held at the Higher Education Center in Abingdon.
ROTARY CLUB/CHRISTMAS LIGHTS: Mayor Helms and Mr. Heath attended the Marion Rotary Club recently and were presented with a check in the amount of $3,800 to be applied to Christmas lighting.
MAIN STREET LIGHTS: Mayor Helms stated that there is a problem with the lights on Main Street. He added that James Burkett and his crew would be working on them this week. Several of the Main Street lamps are not operating properly.
PERSONNEL/CLASSIFICATION PAY PLAN: Upon motion of Mr. Cregger, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, a workshop will be held with Ms. Gibson of Virginia Tech immediately following the December 2, 2002 Town Council Meeting.
FIRE DEPARTMENT CHRISTMAS PARTY: Mayor Helms noted that the MVFD Christmas Party would be held on December 7, 2002 at 7:00 p.m.
ABANDONED VEHICLE: Chief Roberts informed Town Council that an abandoned vehicle is currently in storage after confiscation. He and Mr. Fenyk have discussed advertising the vehicle for sale and hope to sell it for enough to pay the storage bill. Mr. Fenyk stated that the Town might consider establishment of a secure location to store abandoned vehicles Dr. Gates moved that the vehicle be offered at Public Auction with conditions as prepared by the Town Attorney. Mr. Cregger seconded the motion. Council approved the same unanimously. Messrs Burkett, Leaman, Warren, Heath, Cregger, Hendrick and Dr. Gates voted affirmatively.
NEW BUSINESSES: Mr. Heath reported that three (3) new businesses have been established in the Downtown area. They are, Cathy Cook at Tinder Box Antiques, Shakers Restaurant, and Baby and Beyond.
CHRISTMAS PARADE: Mr. Heath noted that the Annual Christmas Parade would be held on Sunday, November 24, 2002 at 3:00 p.m.
BUSINESS APPRECIATION DAY: Mr. Heath stated that Business Appreciation Day would be held in Richmond on December 3 and 4. He invited others to join him in attending.
MARLEY MOULDINGS AWARD: Mr. Heath asked that a Resolution be prepared in honor of Marley Mouldings being chosen as the Greater Tri-Cities Business Award winner.
ORAL REPORT: It was noted that a copy of the financial statements from those entities, to which the Town supports by budget appropriations, are currently on file. It has been requested and these entities notified that a representative from their agency present a report, in person, annually to the Town.
PUBLIC HEARING-ORDINANCE CHANGES: Ms. Sheets reminded Council that a Public Hearing is scheduled for 12/2/02 to consider changes/amendments to the Town Code of Ordinances.
POLICE GRANTS: Chief Roberts reported that two (2) grants have been received by the Marion Police Department. They are: 1) $4,719 for an in-car camera; 2) $5,000 DUI Grant. Mr. Warren moved that the Town accept these grants. Mr. Heath seconded the motion. Council approved the same unanimously.
CLOSED SESSION: Pursuant to Virginia Code Section 2.2-3711 (a3) – Real Estate Acquisition- Discussion of Possible Land Acquisition on West Chilhowie Street: Upon motion of Mr. Hendrick, seconded by Mr. Burkett and vote of 7 AYES and 0 NOES, Council entered into Closed Session to discuss possible land acquisition on West Chilhowie Street. Mr. Hendrick moved that Town Council return to Open Session and state that it be known that only those matters legally exempted from Open Session and identified in the motion were discussed during Closed Session. Mr. Burkett seconded the motion, Council approved the same by a vote of 7 AYES and 0 NOES. Messrs Burkett, Leaman, Cregger, Heath, Hendrick, Warren and Dr. Gates voted affirmatively when polled by the Town Clerk.
LAND ACQUISITION-CHILHOWIE STREET PARCELS: Mr. Cregger moved that the Town offer $2,000 as an option to purchase the parcels at the appraised value. The option price shall be applied to purchase price if exercised within one (1) year in conjunction with a potential Gilman Street/East Chilhowie Street CDBG Project. Dr. Gates seconded the motion. Council approved the motion unanimously. Messrs Burkett, Leaman, Hendrick, Heath, Warren, Cregger and Dr. Gates voted affirmatively.
Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the meeting was adjourned.