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 16, 2002 at 7:00 p.m.
PRESENT: Mayor David P. Helms; Samuel Burkett, Ken Heath, Buford Cregger, Eugene Hendrick, Mel Leaman, Mark Warren, and Dr. James Gates, Council Members; Town Manager John E. B. Clark, Jr.; Police Chief Michael Roberts; Town Engineer Cecil Hicks and Town Attorney Mark Fenyk.
INVOCATION/PLEDGE TO THE FLAG: Rev. Bill Wing rendered the invocation and Mayor Helms led the Pledge to the Flag.
MINUTES: Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the minutes of December 2, 2002 were approved as written and distributed. Messrs Burkett, Heath, Cregger, Hendrick, Leaman, Warren and Dr. Gates voted affirmatively.
VISITORS: J. S. Staley, Jr., E. B. J. Whitmore, III, Rev. Bill Wing, Bart Feigley, Judy Catron
CONSIDERATION OF LETTER TO MARION RESIDENTS WITH DIFFERENT ADDRESSES FROM E-911 OFFICE: Council members considered a letter drafted by Ken Heath to inform certain Town residents (63) that the address they are currently using and the E-911 address is different. The letter suggests that residents change their address to match that of E-911, in the event of an emergency at their residence. This process would enable emergency personnel to find their home in an expeditious manner. Participation would not be mandatory. Several members of Town Council expressed the opinion that the Town approved the addresses assigned by E-911 when the program was established. Upon motion of Dr. Gates, seconded by Mr. Leaman and vote of 5 AYES and 2 NOES (Hendrick, Cregger), Council approved the letter to be mailed to Town residents.
RESPONSE FROM TWO RESIDENTS ON PRESCOTT AVENUE: Mr. Clark advised that letters were mailed to Prescott Avenue residents concerning the naming of a connecting alley from Wolfe Avenue. Mr. Heath moved that this matter be continued for further study. Mr. Leaman seconded the motion, which carried unanimously.
REQUEST TO FINANCE COMMITTEE CONCERNING DEWBERRY AND DAVIS-SNIPER VICTIM: A 20 year employee of Dewberry and Davis, Dean Meyers, was a victim of the sniper attack in the northern Virginia/Maryland area. Dewberry announced that the Dean Meyers Memorial Fund has been established at the Penn State College of Engineering. They requested that the Town consider a contribution to the Memorial Fund. Dewberry has agreed to contribute $5,000 and match all contributions up to $25,000. Mayor Helms referred this item to the Finance Committee for study and recommendation.
REQUEST FROM MR. BART FEIGLEY AND MS. JUDY CATRON ON SKATEBOARDING AREA: Mr. Feigley and Ms. Catron were present to request that the Town consider establishment of a “Skate Park” to be used by local residents (mostly youth) to ride their skate boards. Ms. Catron estimated 50-100 youth are currently active in skateboarding but have no where to skate. She informed Council that the Tony Hawk Foundation offers grant money for skate parks. The funds, $5,000-$25,000, are to be used to promote skateboarding and provide funds to develop a safe, controlled environment to skate. Mr. Heath volunteered to work with Recreation Director Sam Wagner to draft and submit an application to the Tony Hawk Foundation. Mr. Warren moved that this request be referred to the Recreation Committee for study and recommendation. Mr. Heath seconded the motion, which carried unanimously.
REQUEST FROM COUNTY ON EXTENTION OF WHOLESALE WATER CONTRACT: County Administrator E.B.J. Whitmore, III and Board of Supervisors member J. S. Staley, Jr. requested that the current water purchase contract be extended for 90 days from the renewal date of January 11, 2003. Upon motion of Mr. Cregger, seconded by Dr. Gates, and vote of 7 AYES and 0 NOES, the request to extended the Water Contract with the Smyth County Board of Supervisors for 90 days (to April 11, 2003) was granted.
REQUEST FROM COUNTY TO DISCUSS JOINT VENTURE ON PROPOSED WATER TREATMENT PLANT UPGRADE: County Administrator E.B.J. Whitmore, III informed Town Council that Smyth County is interested in possibly assisting the Town with proposed Water Treatment Plant Upgrade. This matter was referred to the Water Committee for consideration and recommendation.
PRESENTATION OF STAFF’S FIVE YEAR WATER AND SEWER CAPITAL IMPROVEMENTS PLAN: Mr. Clark explained the five-year concept for water and sewer capital projects. Copies of the document were distributed to Council members for review. This item was referred to the Water & Sewer Committee for review, upon motion of Mr. Heath, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES. Dr. Gates requested a rate survey from local governments for water, sewer and garabage services.
APPOINTMENT TO ADVISORY COMMITTEE FOR H. L. BONHAM REGIONAL DEVELOPMENT AND TOURISM COMMITTEE: Upon the request of the Smyth County Chamber of Commerce, Mayor Helms nominated Mr. Heath, Mr. Helms, Mr. Burkett and Dr. Gates to participate in the Advisory Committee for H. L. Bonham Regional Development and Tourism Committee. The Chamber Board of Directors will select two (2) members to serve on the Committee.
RESOLUTION HONORING MARLEY MOULDINGS: Mayor Helms announced that Marley Mouldings was selected for the 2002 Greater Tri-Cities Business Award. An official presentation of the Resolution of Recognition will be held at a later date.
TOWN OF MARION CHRISTMAS LUNCHEON: It was announced that a luncheon will be held at the Marion Life Saving Crew Building for all current and retired employees and elected officials of the Town of Marion at Noon on December 20, 2002.
REQUEST FOR REZONING LINCOLN PROPERTY ON RIVER STREET: Mr. Hicks stated that Charles, Robert and Ralph Lincoln have requested that their property on River Street be rezoned from Industrial to R-2. Marion Planning Commission reviewed the request and recommended approval. Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, a joint public hearing to consider this request was scheduled on January 6, 2003 at 7:00 pm, in the Town Council Chambers of the Municipal Building.
ORDINANCE COMMITTEE-BUSINESS/NON-PROFIT/GOVERNMENTAL GARBAGE PICKUP: Upon motion, duly seconded and vote of 5 AYES and 2 ABSTENTIONS (Heath, Cregger), a public hearing was scheduled on January 6, 2003 at 7:00 p.m. in the Town Council Chambers of the Municipal Building.
PERSONNEL AND FINANCE COMMITTEE ON CLASSIFICATION AND PERSONNEL PLAN: Upon motion of Mr. Burkett, seconded by Mr. Hendrick and vote of 7 AYES and 0 NOES, this item was continued.
BUILDING COMMITTEE-REQUEST FOR RENOVATIONS AT HAPPY’S BUILDING: The Committee reported that Penny Blevins, the proprietor at Happy’s Restaurant, had requested to upgrade the dining space, smoking area and bar area. She requested permission from the Town to make these alterations at no cost to the Town of Marion. She would bear 100% of all costs. The plans are in the developmental stages. Mr. Fenyk advised that the Town, as property owner, would be involved in plans for this project. Mr. Cregger noted that the Committee advised Ms. Blevins that inspections by the Smyth County Building Inspector would need to be made. Ms. Blevins stated that she would not request rent relief due to the cost of the renovations. Mayor Helms stated that an on-site review will be held by Council members after the holidays. Mr. Warren moved that the matter be continued. Mr. Leaman seconded the motion. Council approved the motion by a vote of 7 AYES and 0 NOES.
ACCOUNTS: Dr. Gates moved that $409,970.10 be approved for payment from the General Fund. Mr. Heath seconded the motion. Council approved the same unanimously. Messrs Burkett, Heath, Cregger, Hendrick, Leaman, Warren and Dr. Gates voted affirmatively.
INVESTMENTS: Mr. Burkett moved that the Investment Report be approved as presented. Mr. Leaman seconded the motion. Council approved the same unanimously. Messrs Burkett, Heath, Cregger, Hendrick, Leaman, Warren and Dr. Gates voted affirmatiavely.
ALLEN PROPERTY/NORTH MAIN STREET: Mr. Warren informed Council that the Ruby Allen Property, offered for sale to the Town of Marion by Isaac Freeman, will be sold at public auction on January 18, 2003. Town Council had advised Mr. Freeman that they may be interested in purchasing the property at public auction.
MARION REDEVELOPMENT AND HOUSING AUTHORITY-APPOINTMENT OF BOARD MEMBER: Charles Harrington, Executive Director of the MRHA, requested that Mr. Donald Edwards be reappointed for a second term. Dr. Gates moved that Mr. Edwards be reappointed. Mr. Leaman seconded the motion. Council approved the same unanimously.
POLICE CHIEF ROBERTS: Mayor and Council expressed their congratulations to Police Chief Michael Roberts upon receiving his college diploma from Bluefield College on Saturday, December 14, 2002.
MARION/SMYTH COUNTY AMBASSADORS: Mayor Helms informed Council members that recently a delegation of educators from Smyth County attended a national seminar in San Antonio, Texas. Marion Primary School and Marion Middle School/Chilhowie High School made presentations to those in attendance.
ANDERSON AND ASSOCIATES CONTRACT ON GIS: Mr. Fenyk advised that Anderson and Associates have provided his office with adjustments to the contract as directed by Town Council. Mr. Fenyk approved the document as revised.
LEA INDUSTRIES: Mr. Fenyk advised that the Town of Marion and Lea Industries were partners in an agreement concerning installment of a switch and maintenance of a valve. Mr. Fenyk stated that he has notified Lea Industries that the agreement is still binding and requested their assistance in repair/maintenance. He is awaiting a response from his letter.
CONCRETE BIDS: Mr. Hicks advised that per Town Council request the concrete, sidewalk, and curb and gutter projects were bid with two (2) options. Option 1 requested a price based upon the contractor being responsible for proper disposal of all wastes associated with the work, backfill material, and gravel for a turn-key project. Option 2 requested a price based upon the Town of Marion being responsible for providing, gravel, backfill material, and a disposal site.
Bids were received from Ken Construction (Lebanon, VA) and Taylor-Made Construction ( Meadowview, VA). Mr. Hendrick moved that the project be awarded to Ken Construction-Option 1. Mr. Cregger seconded the motion. Council approved the same by a vote of 6 AYES and 1 ABSTENTION (Heath).
PURSUANT TO VIRGINIA CODE 2.2-3711 ( A3 ) and upon motion of Mr. Hendrick, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, Council entered into Closed Session to discuss the following: A) Consideration of Property Counter Offer Involving Gilman Street CDBG Program; and B) Discussion of Possible Acquisition for Economic Development. Mr. Hendrick moved that Town Council return to Open Session and that it be known that only those matters identified in the motion and legally exempted from Open Session were discussed during Closed Session. Mr. Heath seconded the motion. Messrs Burkett, Warren, Leaman, Heath, Hendrick, Cregger, and Dr. Gates voted affirmatively.
CONSIDERATION OF PROPERTY COUNTER OFFER INVOLVING GILMAN STREET, EAST CHILHOWIE STREET CDBG PROGRAM: Mr. Warren announced that Town Council is standing by the appraisal as developed by a certified land appraiser. However, he moved that a counter offer on the Overbay property, in the amount of $70,000, including a 10% option to be applied to the purchase price, be extended to the owners. The option is to be valid for one (1) year. Mr. Burkett seconded the motion. Council approved the motion unanimously. Messrs Burkett, Warren, Leaman, Cregger, Heath, Hendrick and Dr. Gates voted affirmatively.
DISCUSSION OF POSSBILE JOINT PROPERTY ACQUISITION FOR ECONOMIC DEVELOPMENT: Mr. Hendrick moved that the Town Manager be allowed to work with Smyth County Board of Supervisors representatives in acquiring any properties for Economic Development. Mr. Burkett seconded the motion. Council approved the same by a vote of 5 AYES and 2 NOES (Gates, Heath).
Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the meeting was adjourned.