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 Feburary 3, 2003 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; Town Attorney Mark FenykINVOCATION/PLEDGE TO THE FLAG: Mr. Hicks rendered the invocation. Mayor Helms led the Pledge to the Flag.
MINUTES: Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the minutes of the meeting held 1/21/03 were approved as written and distributed. Messrs Burkett, Hendrick, Cregger, Leaman, Warren, Heath and Dr. Gates voted affirmatively.
VISITORS: Patricia Belcher, Rev. Charles DeHart, Alan Sidell
FIRE DEPARTMENT ACCEPTANCE OF SPECIFICATION ON FIRE TRUCK: Mayor Helms reported that the Marion Volunteer Fire Department has notified the Town that both new 75’ Quints received by the Fire Department meets or exceeds all specifications.
REQUEST FROM LINCOLN THEATRE, INC. TO WAIVE CONNECTION FEES: The Lincoln Theatre, Inc. requested that the Town of Marion waive all tap fees for water and sewer connection and provide any necessary asphalt paving or sidewalk patchwork required. Upon motion of Mr. Burkett, seconded by Mr. Hendrick, and vote of 7 AYES and 0 NOES, Council waived all water and sewer connection fees and agreed to provide any necessary asphalt paving or sidewalk patchwork required. Messrs Burkett, Cregger, Heath, Warren, Leaman, Hendrick and Dr. Gates voted affirmatively.
REQUEST FROM CHAMBER OF COMMERCE ON 2003-04 FUNDING-ALAN SIDELL: Smyth County Chamber of Commerce Executive Director, Alan Sidell, presented a slide presentation to be used by the Chamber as a tool to promote tourism. The impressive slide presentation displayed the many sites of interest in Smyth County. Following the presentation, Mr. Sidell requested that the Town consider doubling its contribution to the Chamber. The current funding is based upon $1 per capita. Mayor Helms asked that a letter of request for funding be provided to the Town for consideration during the 2003-04 Budget process.
ANNUAL AUDIT REPORT: Mrs. Patricia Belcher, Albano & Associates, presented an overview of the 2001-2002 Financial Statements for the fiscal year ended 6/30/02. She stated that the Town of Marion is in sound financial condition. There were no significant findings. The Town has $26 million in total assets, including $4.5 in cash. Total revenue for the fiscal year was $6.1 million and expenditures totaled $6.8 million. The shortfall of $697,754 was made up by the use of retained earnings (savings). Several unbudgeted capital improvements were completed during the fiscal year. They were Callan Drive, Route 16 Intersection and Picnic area at Riverbend Park near the Riverwalk. Upon motion of Mr. Burkett, seconded by Mr. Warren, Council accepted the 2001-2002 Financial Statements unanimously. Messrs Burkett, Warren, Cregger, Heath, Leaman, Hendrick and Dr. Gates voted affirmatively.
TOBACCO FUND GRANT RESOLUTION-TOWN MANAGER: Upon motion of Mr. Heath, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, Town Council approved a Resolution for the Town to apply for approximately $250,000 in tobacco grant funding for building acquisition, engineering and accessibility development and that Mayor Helms or Town Manager Clark be authorized to sign all necessary documentation.
VIRGINIANS TO VIRGINIANS VML PROGRAM-MAYOR: Mayor Helms announced that the Town of Marion’s sister locality for 2003-2005 will be the Town of Tazewell. The Town’s former sister locality was Smithfield, VA. Mr. Heath moved that Tazewell, Virginia be accepted as the Town’s sister locality. Dr. Gates seconded the motion. Council approved the same unanimously.
APPOINTMENT TO MARION PLANNING COMMISSION AND RECREATION ADVISORY BOARD-TOWN CLERK: Mayor Helms asked that Council members consider nominations for two (2) positions on the Marion Planning Commission and submit them to the Town Manager.
Dr. Gates reported that it is the recommendation of the Recreation Advisory Committee that Allen Olinger and Kay Clawson be appointed to serve on the RAC. Dr. Gates moved that the recommendations be accepted. Mr. Leaman seconded the motion. Council approved the same unanimously.
SELECTION OF DATE OF STREET COMMITTEE TO DEAL WITH SEVERAL ISSUES-TOWN MANAGER: The meeting was scheduled for 9:30 am on February 6, 2003 at the Municipal Building.
SELECTION OF DATE OF E-911 COMMITTEE-TOWN MANAGER: The meeting was scheduled at 8:30 am on February 6, 2003 at the New Pioneer Restaurant.
WEB-SITE UPGRADE-AREA-NET: Mr. Hendrick informed Town Council of the Town’s need to hire personnel to update our website on a regular basis. Terry Lee who cannot perform these duties any further previously performed this service. Mr. Dave Woodrum has been contacted to assume these duties at a fixed cost of $100 per month. Mr. Woodrum is an associate of Terry Lee. The monthly duties required would include 1) Post the new Town Council Minutes at least twice a month. 2) Add any new events and attractions that may be happening in the community whenever necessary. 3) Revise any pictures or names on any Town page that has changed on a monthly basis or whenever necessary. 4) Post the Town Budget on a yearly basis whenever necessary. 5) Post the Town’s newsletter quarterly or whenever necessary. 6) Check for inactive links on pages and revise them. Develop new links, delete old links or revise links as necessary. 7) Miscellaneous, minor changes that the Town thinks will improve the site appeal. 8) The Town will email data and changes on a continuous basis, as available, to keep the site current.
Initial revisions that must be performed in order to update the site are: 1) Change the splash page to fit any size screen or at least add a 1024X768 size to accommodate newer monitors. 2) Update personnel listing and telephone numbers. 3) Update email addresses for personnel. 4) Voting data listed with Town Council link needs an “Icon” of its own-labeled “Elections” underneath. “Where do I vote?” The original color of the background on this link was blue. Pink was added. Remove the pink. Location of four (4) Voting precincts was changed before the last election. 5) Minutes should be updated from September 2002 and a page developed for minutes in the year 2003. 6) Develop and install a search engine for the minutes.
The cost of any major revision of the site that cannot be absorbed into the monthly fee will be negotiated to the satisfaction of both parties.
Dr. Gates moved that the Town employee Mr. Dave Woodrum, on a month-to-month basis, to update and maintain the Town’s website. Area-net will continue to host the site free of charge.
TECHNOLOGY COMMITTEE ON WEBSITE AND WIRELESS CONNECTIONS: Mr. Hendrick reported that the wireless connections to the worldwide web are up and running.
WATER COMMITTEE ON TRANQUILITY LANE SITUATION: Mr. Hicks reported that the current exposed line serving this area is located in the riverbed. Cost to replace the line is estimated at $15,000 and would require special permits to cross the river. Mr. Hicks presented an alternative to replacing the existing line. Mr. Kenny Scott and Mr. Garland Scott have installed a 2” water main to their homes and two (2) watering troughs. Their property is adjacent to the Water Treatment Plant. If the Town connected to the existing service line of the Scotts, the Town could terminate the line in the stream. Mr. Clark, Mr. Hicks, and Water Treatment Superintendent Bob Mason met with the Scotts. The Water Committee recommended that the Town offer the following: 1) That the owners of the water line (the Scotts) provide the Town with an unrestricted easement of 20 feet in width. 2) That free taps be restricted to only four (4) free taps for future family members. The Town crew would install an additional 130 feet of line to tie over the four residents that were served from the line that crossed the river. Mr. Hicks estimated that the alternative cost would be approximately $2,000. Mr. Burkett moved that Cecil Hicks be authorized to negotiate and work out the details with the Scotts. Mr. Hendrick seconded the motion. Council approved the same unanimously.
WATER AND SANITATION COMMITTEES ON FIVE YEAR WATER AND SEWER IMPROVEMENT PLAN: Mr. Hendrick and Mr. Hicks gave an overview of the 5 Year Water and Sewer Improvement Plan. The gentlemen stated that the Plan might be changed, based on need. Mr. Hicks advised that he would meet with Mr. Scott McKinnon’s son to discuss discontinuance of the line and hydrant located at their property. Mr. Hicks estimates the line to be approximately 100 years old. Mr. Hendrick moved that the Town link the Matson Drive project and the Tranquility Lane project for bidding purposes. The following are cost estimates for the 5 Year Plan:
| FY 2003-2004 | $226,818 |
| FY 2004-2005 | 200,020 |
| FY 2005-2006 | 212,955 |
| FY 2006-2007 | 242,247 |
| FY 2007-2008 | 178,610 |
VML LEGISLATION DAY: Mayor Helms and Mr. Leaman stated that the meeting was very successful. The event allowed Town and County representatives to meet and discuss issues with Senators, Congressmen, Representatives and Governor Warner and Lt. Governor Kaine about such matters as receiving funding, projects in Town and education. Mr. Clark met with CDBG officials concerning the Gilman Street proposal. They discussed the strengths and weaknesses of the Town application.
The meetings included a review of much of the legislation being considered that affects towns. However, the main concern was the critical State Budget situation.
RESCHEDULE TOWN COUNCIL MEETING: Mayor Helms set the next meeting on Tuesday, February 18, 2003 at 7:00 in the Municipal Building. The meeting was rescheduled due to President’s Day.
BUSINESS LICENSES: Ms. Sheets reported that Business and Professional Licenses were collected during the month of January 2003. A report of funds collected will appear in the next meeting packet with the Monthly Reports.
BUSINESS VISITS: Mr. Heath advised that visits to new and existing businesses throughout Town would begin on Friday, February 14, 2003 at Noon at the Shakers Restaurant. Anyone interested in joining the delegation should contact his office.
VIRGINIA LIVING MAGAZINE: Mr. Heath advised that the magazine contains a small article on Marion, Virginia.
GIS: Mr. Hendrick stated that the aerial photography of the Town of Marion, by Virginia Base Mapping, would be available on February 5, 2003 at the Capitol Press Room. The photographs may be picked up at the Press Conference or will be distributed to localities. The data is provided on DVD cassettes. If any member of Council wishes to accept the photographs in Richmond, they should contact Mr. Clark.
HAPPY’S RESTAURANT: Mr. Cregger informed Council that the Building Committee has asked Penny Blevins to submit a plan for proposed renovations to the Happy’s building, owned by the Town. He also expressed concern about the Town’s liability in the building. Mr. Fenyk was asked to determine the Town’s liability.
SKATEBOARD PARK: Dr. Gates stated that the Recreation Advisory Committee met to discuss the request to construct a Skateboard Park. The minutes of the RAC reflected that Recreation Director Sam Wagner had contacted Wytheville and Abingdon to discuss their Skate Parks. He reported that they were not very successful. The Committee also felt that construction site of Riverbend Park is not an appropriate use for the land. 100% funding is available from the Tony Hawk Foundation and the Town would work with those interested on looking for an alternative location. If an alternative site is secured, the Town will process the grant application. Due to changes in VHSL rules, the Committee felt that at this time a gymnasium would be a better utilization of Town funds. Dr. Gates moved that the Skate Board Park be dropped from the agenda. Mr. Leaman seconded the motion. Council approved the motion unanimously.
GYMNASIUM: Dr. Gates reported that due to changes in VHSL rules, the Town would no longer be able to use Smyth County School gyms at the High School and Middle School for programs. The Recreation Advisory Committee felt that this problem is a high priority with regard to Recreation programs and that funds would be better utilized and serve more people and programs than a Skate Park. Dr. Gates stated that a proposal would be made to Smyth County Board of Supervisors, requesting that they fund a gymnasium, based upon the percentage of County residents that would be using the facility. Smyth County News and Messenger has agreed to run an article explaining the changes in VHSL rules (to play boys and girls basketball at the same time) and the impact that this will have on the Recreation Program and youth, in general, throughout the year.
TRAFFIC INDICATOR: Mr. Warren advised that it is difficult to determine the color of the traffic light at Park Boulevard and Callan Drive due to the sunlight. Mr. Hicks stated that his department is aware of the problem and a black plate will be installed behind the light, making it easier to determine the color of the indicator.
TOWN/COUNTY MEETING: Mr. Warren stated that the recent Town and County Quarterly Meeting was very informative. Other members concurred.
CLOSED SESSION: PURSUANT TO CODE OF VIRGINIA, AS AMENDED, SECTION 2.2-3711 (A3, A6, A7 and A1) and upon motion of Mr. Hendrick, seconded by Mr. Warren, and vote of 7 AYES and 0 NOES, Town Council entered into Closed Session to discuss property acquisition on Gilman Street, Negotiations on the Fire Truck purchases, possible litigation and the proposed Personnel/Classification Plan, respectively. Mr. Hendrick moved that Town Council return to Open Session and that it be known that only those matters identified and legally exempted from Open Session were discussed in the Closed Session. Mr. Heath seconded the motion. Council approved the same by vote of 7 AYES and 0 NOES. Messrs Burkett, Leaman, Heath, Warren, Cregger, Hendrick, and Dr. Gates voted affirmatively.
PROPOSED PERSONNEL/CLASSIFICATION AND PAY PLAN: Dr. Gates moved that the new Classification/Pay Plan be adopted and implemented on 7/1/03 with one correction that all required Town Council appointed employees be considered a Grade 20. Mr. Burkett seconded the motion. Council approved the same by a vote of 6 AYES and 1 ABSTENTION (Heath).
FIRE TRUCK NEGOTIATIONS: Dr. Gates moved that Mr. Clark and the Town Attorney contact the C.W. Williams Company and inform them that the Town will, by it’s contract, pay for vehicles when delivered, fully equipped. Mr. Warren seconded the motion. Council approved the same unanimously. Mr. Cregger suggested and Council members concurred that all future negotiations shall be followed up in writing.
POSSIBLE LITIGATION: Dr. Gates moved that the Town Attorney be empowered to negotiate with Mt. Zion Temple to clear up land issue with property purchased years ago. Mr. Heath seconded the motion. The motion carried unanimously.
REAL ESTATE ACQUISITION: Dr. Gates moved that the pending real estate purchase be referred to the Building Committee for consideration and recommendation. Mr. Leaman seconded the motion. Council approved the same unanimously.
USE OF FUNDS: Dr. Gates stated that the monies budgeted to fund Personnel/Classification and Pay Plan ($40,000) will not be needed during this fiscal year. Dr. Gates moved that Council refer perceived savings by non-expediture to the Finance Committee for evaluation. Mr. Warren seconded the motion. Council approved the same by a vote of 6 AYES and 1 ABSTENTION (Heath).
Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the meeting was adjourned.