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 December 2, 2002 at 7:00 p.m.
PRESENT: Mayor David P. Helms; Buford Cregger, Ken Heath, Eugene Hendrick, 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. Neville Mozingo rendered the invocation and Mayor Helms led the Pledge to the Flag.
MINUTES: Mr. Heath clarified that the Business Appreciation Day mentioned in the minutes is actually a workshop. Upon motion, duly seconded and vote of 5 AYES and 0 NOES, the minutes of the meeting of November 18, 2002 were approved as corrected. Mr. Heath corrected the meeting to Messrs Leaman, Hendrick, Heath, Cregger and Dr. Gates voted affirmatively.
VISITORS: Pam Gibson, Rev. Neville Mozingo, Allen Sidel, Roy Evans, and Bob Fields.
PUBLIC HEARING-CONSIDERATION OF ORDINANCE ON SPECIAL MEETING AND TOWN COUNCIL COMMITTEES: The proposed amendments considered were:
1) Regular meetings of the Council shall be held at 7:00 p.m. on the first and third Mondays of each month, in the Council room or other designated place as advertised by Council prior to the meeting; provided that when any such day falls on a holiday, such meeting shall be held on the date and time designated by Council during the Council meeting previously held. Further, if it is deemed necessary by Council, such meetings shall be held on the date and time designated by Council during the Council meeting previously held.
2) (A) The Mayor may appoint Council members to Special Committees, upon Council approving the need for such Special Committees.
(b) The Mayor, at its first regular meeting following the election of Council members in July, shall appoint from the members of Council to committees.
Upon motion of Mr. Hendrick, seconded by Dr. Gates , and vote of 5 AYES and 0 NOES, the amendments to the Town Code were adopted. Messrs Leaman, Cregger, Heath, Hendrick and Dr. Gates voted affirmatively.
REPORT ON WORK ON WATER LEAK LIST FROM PITOMETER: Mr. Hicks reported that 15 large leaks have been repaired as identified by Pitometer. A number of residential and industrial meters have also been replaced. The Town expects a significant change in the December and January loss reports. He added that water storage is also much improved. Mr. Heath requested a cost estimate of the savings.
Mr. Clark advised that Chilhowie Town Manager Bill Rush has contacted the Town concerning a proposed “ regional group” purchase of a leak indicator. Mr. Clark stated that there are ownership and repair issues that must be addressed with this proposal.
REQUEST FROM SMYTH-WYTHE AIRPORT COMMISSION: The Commission requested permission to allow residual funds of $64,000, remaining from the taxiway project (already provided by each municipality), be used towards proposed improvement projects for the Airport. Mr. Leaman moved that the Airport Commission utilize surplus funds for proposed improvement projects. Mr. Hendrick seconded the motion. Council approved the motion by a vote of 5 AYES and 0 NOES. It was noted that all agencies have agreed that the surplus may be used for airport improvements.
ORDINANCE COMMITTEE-BUSINESS/NON-PROFIT/GOVERNMENTAL GARBAGE PICK-UP: The Ordinance Committee recommended the following: 1) The Town of Marion would offer collection of garbage for those businesses located in the Downtown District at a rate of $40 per month. 2) The Town of Marion would offer collection of non-profit organizations and churches at a rate of $40 per month. 3) The Town of Marion would offer collection of garbage for existing governmental agencies at a rate to be negotiated based upon the amount of trash generated and the number of pickups requested per week. Participation in the garbage collection for Downtown businesses, non-profit, church and governmental agencies is not mandatory.
Mr. Cregger expressed concern that the profile should include all businesses in Town, not limited to downtown businesses.
Town Attorney Mark Fenyk informed Town Council that a Public Hearing couldn’t be set as two (2) Council members (Cregger & Heath) will abstain from voting. He added that four (4) members must vote to establish a majority. This item was continued to December 16, 2002.
REPORT FROM TECHNOLOGY/FINANCE COMMITTEE ON ANDERSON GIS CONTRACT AND HOSTING CONTRACT: HOSTING CONTRACT-WEBGIS: Mr. Hendrick stated the current contract with Anderson and Associates on hosting and maintaining the WebGIS site expires in December 2002. He added that detailed, aerial photographs of the Town of Marion are expected in the near future and would be used to provide the Town with a superior product. Following discussion, Dr. Gates moved that the Town contract with Anderson & Associates for WebGIS Services at a cost not to exceed $121.08 per month for current layers. The contract would be valid for one (1) year. Mr. Hendrick seconded the motion. Council approved the same by a vote of 5 AYES and 0 NOES.
PARCEL CONVERSION SERVICES: Dr. Gates reported that the Town has an existing contract to create vector drawings of each tax map. MRPDC Director and representatives from Anderson & Associates met with Town representatives to discuss why the other Towns and Smyth County, with the exception of the Town of Marion, were mapped with grant funds provided to MRPDC. According to Mr. Taylor and Anderson & Associates, they understood that the Town would wait for better information, prior to mapping in order to get a better product. In fact, no one from the Town of Marion communicated this message to either agency. Mr. Taylor advised that the cost of the project exceeded what was anticipated. The exiting contract calls for A&A to develop information begun by MRPDC. However, no information was compiled for the Town. It was further noted that the Town was left until last because of the number of parcels located in Town. The Town of Marion parcels probably exceed the number of parcels in the rest of the County.
Mr. Hendrick stated that 911 mapping on the Smyth County Website parcels boundary lines are not very accurate. With the improved data the Town will have a much better product. Town property lines will be fitted to known properties.
The Committee recommended that the Town proceed with the revised contract with Anderson & Associates. Mr. Fenyk advised that Anderson & Associates have not provided him with the contract revisions, as discussed.
Dr. Gates moved that the contract with Anderson and Associates, in the amount of $13,750, be awarded for creating GIS parcels with revisions as acceptable to the Town Manager and Town Attorney. Mr. Hendrick seconded the motion. Council approved the same by a vote of 5 AYES and 0 NOES. It was noted that Anderson & Associates have agreed to work with the Town on payment, with regard to the budget.
Mr. Heath asked that in light of grant funds to be used for the mapping process, if MRPDC owes monies to the Town of Marion, as Marion would have been listed in the grant application. It was noted that the funds were expended prior to the Town being mapped. No funds would be available to the Town.
FINANCE COMMITTEE-REPORT ON REQUEST FOR FUNDING FROM COMMONWEALTH ATTORNEY ROY EVANS: The Finance Committee recommended that Council grant the request for funding, in the amount of $8,064, as requested by the Commonwealth Attorney. A lengthy discussion ensued. Council members were concerned that the Town’s share was double that of the County and other Towns. Mr. Hendrick stated that it appears the Town is being penalized as we keep the Town Code up and receive more fine money. Council asked that if future requests are necessary, that they be based upon other data. Mr. Hendrick stated that he hopes the legislature will reconsider the cuts passed along to the Commonwealth Attorney’s Office. Dr. Gates suggested that data be kept on number of cases prosecuted and time spent by the Commonwealth on cases for the towns and county. Chief Roberts and Mr. Fenyk were in favor of granting the request. Chief Roberts advised that Mr. Evans supports his office both in and out of the courtroom. Dr. Gates moved that the request be granted. Mr. Leaman seconded the motion. Council approved the same by a vote of 5 AYES and 0 NOES. Messrs Leaman, Hendrick, Heath, Cregger and Dr. Gates voted affirmatively.
JAMES ROGERS CHRISTMAS CONCERT: Mr. Heath informed Council that James Rogers’ Concert will be held at the First United Methodist Church on Thursday, December 5 at 7 p.m.
TOUR OF HISTORIC HOMES AND BUILDINGS: Mr. Heath advised that there would be a candlelight tour of homes on December 6 from 5-9 p.m. and the afternoon of December 8 from 1-4 p.m.
DOWNTOWN OPEN HOUSE: Mr. Heath invited the community to the Downtown Open House on Friday, December 6 from 5-9 p.m.
FINANCE COMMITTEE: Dr. Gates moved that the Town of Marion contribute $100 toward a retirement gift for Dr. Marvin Winters who recently retired as Superintendent of Smyth County Schools. Mr. Leaman seconded the motion. Council approved the same by a vote of 5 AYES and 0 NOES. Messrs Leaman, Heath, Cregger, Hendrick and Dr. Gates voted affirmatively.
2002 CHRISTMAS PARADE: Mayor Helms expressed appreciation to those who contributed to the annual Christmas Parade. It was a tremendous success.
2002 CHRISTMAS TREE LIGHTING AT SMYTH-BLAND REGIONAL LIBRARY: The Christmas Tree Lighting was held on December 2, 2002 at 5:30 p.m.
REQUEST TO REZONE-LINCOLN PROPERTY: Mr. Hicks advised that a request has been received from Charles, Robert and Ralph Lincoln to rezone property from Industrial General to Residential (R-2). Upon motion of Mr. Leaman, seconded by Mr. Heath and vote of 5 AYES and 0 NOES, this matter was referred to the Planning Commission for study and recommendation.
FIVE (5) YEAR WATER & SEWER PLAN: Mr. Clark advised that the five (5) year Water and Sewer Plan will be presented at the December 16, 2002 meeting.
ADELPHIA CABLE FRANCHISE: Mr. Fenyk advised that correspondence has been received from Adelphia Cable Company that assignment has been made to an affiliate or subsidiary managed by Adelphia. He added that if this is the case, Adelphia is in compliance with the franchise agreement with the Town of Marion. He added that he would contact Adelphia regarding this matter.
ANNEXATION: Mr. Fenyk stated that he is in receipt of a petition wherein residents of Washington County have applied to be annexed into Bristol. He added that areas may request to be annexed into towns and cities if more than 50 % of the property owners petition to be annexed.
PERSONNEL STUDY AND PAY PLAN: Mayor Helms welcomed Pam Gibson of Virginia Tech to meet with Council concerning the proposed pay plan.
CLOSED SESSION-CONSIDERATION OF PERSONNEL STUDY-PAMELA GIBSON-INSTITUTE OF INNOVATION GOVERNANCE-VIRGINIA TECH-JUSTIFICATION: CODE OF VIRGINIA 2.2-3711 (a1): Upon motion, duly seconded, and vote of 5 AYES and 0 NOES, Council entered into Closed Session to discuss matters with regard to the Personnel Study and Pay Plan. Mr. Hendrick moved to reconvene to Open Session and that no business had been discussed other than what was initially stated. Mr. Heath seconded the motion. Council approved the motion by a vote of 5 AYES and 0 NOES. Messrs Leaman, Hendrick, Heath, Cregger, and Dr. Gates voted affirmatively.
Mr. Hendrick moved that the Personnel Study and Pay Plan study be continued until the December 16, 2002 meeting. Mr. Heath seconded the motion. Council continued the item by a vote of 3 AYES (Hendrick, Cregger, Heath) and 2 NOES (Leaman, Gates).
Following the motion, Mayor Helms asked the Personnel Committee, Finance Committee and Town Attorney to meet on the Classification and Personnel Plan.
Mr. Heath moved that the meeting be adjourned. Dr. Gates seconded the motion. Council adjourned by a vote of 5 AYES and 0 NOES.