PRESENT: Mayor David P. Helms; Samuel Burkett, Ken Heath, Mark Warren, Eugene Hendrick, Buford Cregger, Mel Leaman and Dr. James Gates, Town Council Members; Town Manager John E. B. Clark, Jr.; Town Attorney Mark Fenyk; Town Engineer Cecil Hicks; Purchasing Agent B. J. Hamm; Police Chief Michael Roberts; and Town Clerk/Director of Finance Dixie Sheets.
INVOCATION/PLEDGE TO THE FLAG: Marion Police Department Chaplain James Bangle rendered the invocation. Office Rick McNew and his daughters, Samantha and Christine led the Pledge to the Flag.
Marion Police Chief Michael Roberts spoke on behalf of the Department. He informed Town Council of the possibility of loss of life, in the line of duty, of law enforcement officers and the personal and family sacrifices made each day. He conveyed the Department's gratitude for the jobs, safety equipment and benefits that help to keep qualified and quality employees. Chief Roberts stated that one officer, Charles Bishop, has recently returned from Iraq where he served with the 1032nd Transportation Company. The Department is now operating at full staff after fourteen (14) months that Officer Bishop was away.
MINUTES: Upon motion of Mr. Heath, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, the minutes were approved as written and distributed.
VISITORS: Rev. James Bangle, Alex Taylor, Sam Taylor R. K. Clark, Harold Slemp, W. R. Anders, Steven Widener, Rusty Hamm, Samantha McNew, Christine McNew, John Testerman, Shawn Conklin, Darrell Hayden, Andrew Moss, Charles Bishop, and Councilman-Elect Herbert Clay.
RECOGNITION OF POLICE WEEK: Mayor Helms read the Proclamation.
PROCLAMATION
To commemorate and acknowledge the dedication and sacrifice made by the men and women who have lost their lives while serving as law enforcement officers.
WHEREAS, the members of the Marion Police Department play an essential role in safeguarding the rights and freedoms of the citizens of the Town of Marion;
WHEREAS, the members of the Marion Police Department play an essential role in safeguarding the rights and freedoms of the citizens of the Town of Marion;
WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards and sacrifices of their law enforcement agency, and that members of our Police Department recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression;
WHEREAS, the men and women of the Marion Police Department unceasingly provide a vital public service;
NOW, THEREFORE, I, David P. Helms, Mayor of the Town of Marion, Virginia, call upon all citizens of Marion and upon all patriotic, civic and educational organizations to observe the week of May 17-23, 2004, as Police week in recognition of law enforcement officers, past, present, who by faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and in, so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens.
IN WITNESS THEREOF, I have hereunto set my hand and caused the Seal of the Town of Marion, Virginia to be affixed.
_____________________________________ ________________________________
David P. Helms, Mayor Dixie O. Sheets, Town Clerk
Upon motion of Mr. Cregger, seconded by Mr. Heath, and vote of 7 AYES and 0 NOES, the Proclamation was adopted. Mayor Helms presented the Proclamation to Chief Roberts and thanked the Marion Police Officers for their service to the citizens of the Town of Marion.
WELCOME BACK TO POLICE OFFICER CHARLES "CHUCK" BISHOP: Marion Police Officer Charles "Chuck" Bishop recently returned from a fourteen (14) month deployment in Iraq with the 1032nd Transportation Company. Mayor Helms read a Proclamation to commend Officer Bishop for the dedication and sacrifice made by him and members of the Virginia National Guard. Upon motion of Mr. Cregger, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, Mayor Helms presented Officer Bishop with the Proclamation.
PUBLIC HEARING-CLOSURE OF ALLEY-CHILHOWIE STREET AND GILMAN STREET: Mr. Hicks informed that the alley in question is not an improved street or alleyway. It is a "paper street". He further stated that all abutting/adjoining property owners have been notified. The proposed use of the property surrounding this alleyway is that it is to be donated to Habitat for Humanity upon which homes will be constructed. No one was present to comment on the closure of the alleyway. Dr. Gates moved that the alleyway be closed as requested. Mr. Heath seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES. Mr. Fenyk was asked to prepare the documents. Mr. Fenyk advised that if the Town donates the property to Habitat for Humanity, any utility or other easements might be secured prior to deed preparation.
ADELPHIA CABLE COMPLAINT: Mr. Harold Slemp, Robinhood Drive, requested assistance from the Town Council in contacting Adelphia Cable concerning reception of Channel 7-Roanoke. The station operates intermittently. He has made a number of attempts to rectify this problem. Several members of Council agreed with the problem. Mr. Heath stated that he is a Town resident and Adelphia has refused to connect his residence to the cable as required by their franchise agreement. Mr. Cregger moved that Mayor Helms, with the assistance of the Town Attorney, communicate the complaints to Adelphia Cable Systems, by letter.
THANKS TO SAM BURKETT: Mr. Harold Slemp expressed his appreciation to Sam Burkett for the many years of community service and wished him continued success.
NOTICE OF DULY EXECUTED AND RECORDED PLATS OF HUNGRY MOTHER ESTATES SUB-DIVISION: Mr. Clark reported that the plats for Hungry Mother Estates have been signed by all parties and recorded at Smyth County Court House. The northern plat is the same plat previously presented to Town Council. It contains 44 lots, including a gated community. The property will be prepared for sale of lots this calendar year. Another plat of the southern section (9.7 acres) has also been recorded.
AEP PROPOSAL FOR SAFETY LIGHTING IN CONJUNCTION WITH BIKEWAY PROJECT: The following are recommendations of American Electric Power Company for safety lighting in conjunction with the Park Boulevard Bikeway Project: 1) Installation of a transformer at the end of Prater Lane and Route 16 on pole # 744-60, pole will be set on the same side of the road about 50' toward Route 16; 2) Upgrade the light on Radio Hill Road pole # 768-6671, install a pole and light 150' across the intersection; 3) Upgrade the light on pole # 269 on Oak Lane and install a pole 40' from pole # 768-268, toward Route 16; 4) On Culbert Drive and Callan Drive, upgrade the light on pole # 768-6620 and install one pole 160' on opposite side of the intersection; 5) On Terrace Drive, installation of a pole and light 70' across the road from pole # 768-6528. The proposal states that there will be no cost added for upgrading existing lights. The total cost of the job excluding the existing lights was $4,493.00 with a facilities cost of $2,110 being deduction forms the total, leaves a balance of $2,380. Upon motion of Dr. Gates, seconded by Mr. Leaman, and vote of 6 AYES and 1 ABSTENTION (Heath), the proposal was accepted. Messrs Burkett, Hendrick, Warren, Cregger, Leaman and Dr. Gates voted affirmatively.
PARK BOULEVARD BIKEWAY PROJECT PRE-CONSTRUCTION MEETING: A pre-construction meeting was held on the Park Boulevard Bikeway Project on May 5, 2004. Those present included VDOT, Anderson and Associates, W-L Construction and Paving, MRPDC and the Town of Marion. Mobilization and construction is slated to begin on May 17. The project is to be completed within 120 days. VDOT advised the Town of the payment procedure. VDOT indicated that they would directly pay the monthly payment request for the project until their 80% commitment is achieved. On the last payment, the Town would pay it's 20% of the total project.
NOTICE OF TOWN/COUNTY QUARTERLY MEETING ON MAY 18, 2004 AT THE HISTORIC LINCOLN THEATRE: The Town/County Quarterly Meeting will be held on May 18, 2004 at 6:00 p.m. in the newly refurbished Historic Lincoln Theatre. A tour of the facility will follow the program. It has been announced that the National Christmas Tree to be erected at the Capitol will come from Virginia this year, possibly Smyth County. A program will be given on the selection and ceremonies that surround this very special tree.
ACCOUNTS: Mr. Burkett moved that the accounts be paid in the amount of $526,990.24 from the General Fund. Mr. Heath seconded the motion. Town Council approved the same by a vote of 6 AYES and 1 ABSTENTION. Messrs Burkett, Hendrick, Cregger, Leaman, Warren and Dr. Gates voted affirmatively. Mr. Heath abstained due to item #19- Budget appropriation to Marion Downtown!
INVESTMENTS: Mr. Cregger moved that the Investment Report be approved as presented. The motion was seconded by Mr. Leaman and approved by Town Council by a vote of 7 AYES and 0 NOES. Messrs Burkett, Cregger, Warren, Leaman, Hendrick, Heath and Dr. Gates voted affirmatively.
NOTICE OF APPOINTMENT OF MAYOR HELMS TO LEGISLATIVE COMMITTEE OF THE VIRGINIA MUNICIPAL LEAGUE: Mayor Helms as been appointed as a member of the VML's 2004 Legislative Committee by Turner M. Spencer, VML President. The Legislative Committee is the League's primary forum for the initiation and development of policy and legislative direction of the VML. Town Council unanimously supported Mayor Helms' appointment.
CONSIDERATION OF MATTERN AND CRAIG CONTRACT ON LEE STREET PROJECT: Mr. Hicks advised that the Street Committee has recommended that the work be consolidated under one contract that payment be spread over two fiscal years. Several thousands of dollars will be saved if the contracts are consolidated. Discussion ensued. It was noted that a preliminary estimate for the entire project (the bridge and streetscape from Chestnut to Main Street) is $450,000. Mr. Leaman expressed concern about the costs. Mr. Hendrick moved that Town Council approve the Engineering Contract for Mattern & Craig for the Lee Street Project. Mr. Heath seconded the motion. Town Council approved the same by a vote of 7 AYES and 0 NOES. Messrs Hendrick, Cregger, Burkett, Leaman, Heath, Warren and Dr. Gates voted affirmatively.
NOTICE OF SPECIAL TOWN COUNCIL MEETING FOR CONSIDERATION OF PROPOSED 2004-2005 BUDGET: Mayor Helms scheduled a Special Town Council Meeting for consideration of the Proposed 2004-2005 Budget on May 26, 2004 at 5:30 p.m. in the Municipal Building. Public hearing for the 2004-2005 Budget was scheduled on June 21, 2004.
LINCOLN THEATRE: Mr. Hendrick reported that the first official program presented at the Lincoln Theatre, Riders in the Sky, was a huge success. Other members of Town Council concurred.
SCHOOL'S OUT PARTY PLANNED: Mr. Heath requested permission to co-sponsor a "School's Out Party" on the downtown parking lot on June 12 from 6 pm until 10 pm. The other sponsor is the Downtown Mission. He stated that the sponsors would see that the area is cleaned up after the function. The Town has provided trashcans in the past for this occasion. Mr. Warren moved that permission be granted for the "School's Out Party" and that the sponsors coordinate with the Marion Police Department. Dr. Gates seconded the motion. Council approved the same by a vote of 6 AYES and 1 ABSTENTION (Heath).
MARION DOWNTOWN ANNUAL MEETING: Mr. Heath stated that the Marion Downtown Annual Meeting would be held at A La Carte on May 20, 2004 at 6 p.m.
BUSINESS NEWS: Mr. Heath cleared up several rumors that have been circulating in the community: 1) Walmart is NOT leaving Marion. 2) Macado's IS coming to Marion; 3) A national chain restaurant IS looking at Marion for development next year and two other fast food restaurants are in the negotiation stages with property owners for development; 4) A regional chain Japanese restaurant IS coming to Marion. He further informed Town Council that land for development is needed. Anyone with available was encouraged to contact Mr. Heath.
DOWNTOWN SIDEWALKS AND STREETS: Mr. Heath stated that last year, the Town allocated funds to reconstruct the sidewalk along Chestnut Street beside the old post office. He suggested that since Macado's is under construction, now would be an optimum time to complete this project.
Merchants and property owners along town Street between Chestnut Street and Commerce Street have asked that the Town repave the street and designate it as "Delivery Only". They would also like for the Town to add a small sidewalk and landscaping along the right side to improve aesthetics and reduce congestion in the area.
HUNGRY MOTHER PARK SIGNAGE: Mr. Heath expressed concern about tourists inability to locate Hungry Mother State Park easily. He suggested that the Town order and install brown directional signs for Hungry Mother State Park leading from each of the interstate exits, at the Route 16 North intersection (mounted on the traffic signal pole overhead). He further suggested that the Town order and post a few signs on Route 16 coming from the park toward town showing direction and distance to help visitors find their way back to Marion (one at the Town limits, and at the Rt. 16 intersection).
SCHEDULE AN INSURANCE COMMITTEE MEETING TO DISCUSS HEALTH INSURANCE RENEWAL: An Insurance Committee meeting to discuss Health Insurance Renewal will be scheduled by the Town Manager's Office. REQUEST FOR REZONING-709 N. MAIN STREET: A public hearing to consider this request was scheduled for June 7, 2004 at 7:00 p.m.
RESOLUTION-BUSINESS APPRECIATION WEEK: Mr. Heath read the resolution.
BUSINESS APPRECIATION WEEK
WHEREAS, the citizens of our great Commonwealth benefit from an environment that encourages business growth and employment opportunities through basic free market principles; and
WHEREAS, because of these principles, Virginia remains a national leader in job creation and prosperity, boasts low levels of unemployment, and continues to experience economic expansion; and
WHEREAS, The Town of Marion is committed to bringing long-term economic revitalization to our town, embracing diversity in our business community, fully integrating technology into the way we do business, and preserving the economic well-being and safety of our citizens; and
WHEREAS, businesses provide valuable work opportunities and often make beneficial contributions to the communities in which they operate, raising the overall quality of life for all of the Commonwealth's citizens; and
WHEREAS, over 3.6 million Virginians benefit from employment with these businesses, and additional job opportunities will continue to materialize in the coming years; and
WHEREAS, Business Appreciation Week increases public awareness of the valuable contributions that our existing business community makes to Virginia's economy;
NOW, THEREFORE, we, the Mayor and Town Council of the Town of Marion, Virginia, do hereby recognize May 16-22, 2004 as BUSINESS APPRECIATION WEEK in the Town of Marion, and we call this observance to the attention of all our citizens.
__________________________________ _________________________________
Mayor Clerk
Upon motion of Mr. Hendrick, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, the Resolution was adopted.
SENIOR CITIZEN'S REQUEST FOR GARDEN SPOT: The Senior Citizens Center has requested use of a small garden area to be planted, cared for and utilized by the seniors.
TOWN ELECTION POLLING PLACE: Mr. Heath moved that Town Council consider relocating the location of Town elections to a more accessible location. Dr. Gates seconded the motion. Council approved the motion by a vote of 7 AYES and 0 NOES.
LUAU AT THE LAKE: Mr. Heath reminded Council of the Luau At the Lake to be held at Hungry Mother State Park on May 29, 2004.
LEE ANN PRESCOTT-SMYTH COUNTY NEWS & MESSENGER: Mayor Helms welcomed Lee Ann Prescott back to Town Council as our reported for the newspaper.
COUNCILMAN ELECT HERBERT CLAY: Mayor Helms welcomed Councilman elect Herbert Clay to the meeting. Mr. Clay will begin serving on Town Council on July 1, 2004.
KEYSTONE MARION YOUTH CENTER: Representatives from Town Council attended the groundbreaking ceremonies for the Keystone Marion Youth Center at Southwestern State Mental Health Institute. The facility is expected to be operational by October 2004. It wills employee approximately 100 people and a $2 million payroll.
OLDER AMERICAN'S DAY: Older American's Day will be held on the Smyth County Court House Lawn on May 28, 2004 beginning at 11:00 a.m.
LUNCHTIME ON THE LAWN: Mr. Heath reminded Town Council members that they would host Lunchtime on the Lawn on June 4, 2004. This will kick-off the Lunchtime on the Lawn series.
ATTORNEY REPORT: Mr. Fenyk informed Town Council that the IRS and Department of Homeland Security contacted the Town concerning the recent fire truck purchases. He added that the Town fared well having bid out the project through a consortium. The officials requested that the Town gather and submit information concerning the transactions.
SHEFFEY CEMETERY DEDICATION: A dedication at the Sheffey Cemetery has been scheduled on June 3, 2004 at 2:00 p.m.
CLOSED SESSION-DISCUSSIONOF POSSIBLE LOCATION OF BUSINESS PROSPECT AND ACQUISITION OF PROPERTY - JUSTIFICATION 2.2-3711 (A3 & A5) OF THE CODE OF VIRGINIA, AS AMENDED: Upon motion of Mr. Hendrick, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, Town Council entered into Closed Session for the discussion of possible location of a business prospect and acquisition of property. 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 the Open Session were discussed during the Closed Session. Dr. Gates seconded the motion. Council approved the same unanimously. Messrs Burkett, Hendrick, Cregger, Leaman, Heath, Warren and Dr. Gates voted affirmatively.
ADJOURNMENT: Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the meeting was adjourned.
MAY 26th MINUTES:
Minutes of a Special Meeting of the Town Council of the Town of Marion, Virginia held in the Council Chambers of the Municipal Building on May 26, 2004 at 5:30 p.m.
PRESENT: Mayor David P. Helms; Samuel Burkett, Ken Heath, Mark Warren, Eugene Hendrick, Buford Cregger, Mel Leaman and Dr. James Gates, Town Council Members; Councilman Elect Herbert Clay; Town Manager John E. B. Clark, Jr.; Town Attorney Mark Fenyk; Purchasing Agent B. J. Hamm and Deputy Clerk/Director of Finance Susan Clark.
INVOCATION/PLEDGE TO THE FLAG: Mark Warren rendered the invocation and Mayor Helms led the Pledge to the Flag.
2004-2005 BUDGET WORKSHOP: Council reviewed the proposed budget as presented by the Finance Committee Chairman Sam Burkett. Mr. Clark gave a brief outline of the Capital Requests by Department. Revenues and Expenses were discussed and reviewed. The proposed budget will be presented on June 7, 2004 for review with changes as indicated. The budget includes a cost of living increase of 1.5% for Mayor and Council. Community Development Public Transportation request is $14,793 and Transdominion Express is $1,000.
Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the meeting was adjourned.