PRESENT: Mayor David P. Helms; Samuel S. Burkett, Mark Warren, Eugene Hendrick, Ken Heath, Buford Cregger, Mel Leaman and Dr. James Gates, Town Council Members; Town Manager John E. B. Clark, Jr.; Town Attorney Mark Fenyk; Police Chief Michael Roberts; Engineer’s Assistant Todd Long; Purchasing Agent B. J. Hamm; and Town Clerk/Director of Finance Dixie Sheets.
INVOCATION/PLEDGE TO THE FLAG: Councilman Ken Heath rendered the invocation. Eagle Scout J. W. Martin led the Pledge to the Flag.
MINUTES: Upon motion of Mr. Warren, seconded by Mr. Leaman and vote of 6 AYES and 1 ABSTENTION (Heath), the minutes of the meeting held on June 7, 2004 were approved as written and distributed. Messrs Burkett, Hendrick, Warren, Leaman, Cregger and Dr. Gates voted affirmatively.
VISITORS: J. W. Martin, Dr. Paul Brown, Betsy Brown, Sheila Quatrocchi, David Fields, Herbert Clay, Jimmy Martin and Amy Martin.
RESOLUTION OF CONGRATULATIONS TO J.W. MARTIN ON EARNING THE RANK OF EAGLE SCOUT: Mr. Helms read the Resolution. Upon motion of Mr. Heath, seconded by Mr. Burkett, and vote of 7 AYES and 0 NOES, the Resolution was adopted. Eagle Scout Martin is a member of Troop 93. His parents and Scout Master Dr. Paul Brown accompanied him.
PUBLIC HEARING – PROPOSED INCREASE IN GARBAGE COLLECTION FEES: Town Council proposed to increase garbage collection fees from $6 per month to $8 per month. The increase was proposed due to loss on expenses for garbage collection services. No one was present to speak for or against the increase.
PUBLIC HEARING – PROPOSED INCREASE IN REAL ESTATE TAXES DUE TO REASSESSMENT: Town Council proposed to retain the current real estate tax rate of $0.11 per $100 of valuation. The reassessment increased values within the Town of Marion 19.5%. Reassessments are performed every six (6) years. No one was present to speak for or against the tax rate.
PUBLIC HEARING ON PROPOSED 2004-2005 BUDGET: The proposed 2004-2005 Budget was presented in the amount of $7,205,357. The budget included a $2.00 per month increase in garbage collection fees (from $6 per month to $8 per month). Real Estate was reassessed this year and if the current rate per $100 remains unchanged (currently $0.11), an increase of 19.5% will be reflected in the Town’s real estate tax collections. No one was present to speak for or against the proposed 2004-2005 Budget. Mayor Helms closed the Public Hearing. Mr. Leaman and Mr. Cregger stated that while they are not in opposition to the proposed capital expenditure of a garbage truck, they insisted that the problem with the current garbage truck be determined prior to bid and purchase of a new truck. Other capital expenditures include a new AS400 Main Frame Computer and a liner for the shallow end of the town pool.
A Special Called Meeting of Marion Town Council will be held on June 30, 2004 at 5:15 p.m. to close fiscal year matters and adopt the Budget.
STREET LIGHT UPGRADES ON PRATER LANE: Mr. Clark suggested that a Street Light Committee Meeting be scheduled to meet with AEP Customer Service Representative Angie Jackson to discuss the Town’s options for upgrade of Prater Lane lights and survey of upgrade for entire Town system. Mr. Hendrick moved that the matter be referred to the Street Light Committee. Mr. Leaman seconded the motion. Council approved the same unanimously.
PROPOSED SIDEWALK ON TOWN STREET: Mr. Heath reminded Town Council of the proposed project to repair/replace sidewalk on Chestnut Street from East Main Street to Town Street and from Chestnut Street to Commerce Street. The project would include a four (4) foot sidewalk along with necessary curb cuts to the rear of businesses along Town Street. He noted that all property and business owners in the area have been contacted and are in agreement with the exception of Anthony Glavocich. Mr. Glavocich owns the former Harwood Building but has left the area with no forwarding address. Mr. Warren and Mr. Leaman expressed concern that the sidewalk meet mandated ADA guidelines. Mr. Heath stated that the Engineering Department was supposed to determine if the guidelines are met. Mr. Long stated that he was unaware of the matter. Upon motion of Mr. Leaman, seconded by Mr. Warren and vote of 6 AYES and 1 ABSTENTION (Heath) this item was continued until the matter with ADA requirements can be researched by the Engineering Department.
HOUSING AUTORITY LETTER TO HOMEOWNER AT 405 PEARL AVENUE REGARDING SPOT BLIGHT PROGRAM: Council was advised that Mr. Charles P. Harrington, MRHA Executive Director, has advised Gracie Wheeler, homeowner at 405 Pearl Avenue, that her property has been designated as blighted and that repairs and cleanup are to be made within 60 days from June 8, 2004. She was advised of the specific matters to be addressed. She was further advised that in the event that appropriate action is not taken, further legal proceedings might be considered. Mr. Harrington’s letter stated that if Ms. Wheeler is unable to make the repairs due to financial constraints, help might be available by contacting Project Crossroads.
TECHNOLOGY ZONE UPDATE: Mr. Heath stated that the Town’s Ordinance allows for tax abatement on a sliding scale from 1-5 years. He suggested that the Town and County Ordinances be a “common package” to promote businesses and industries to locate in the Marion/Smyth County area. Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the matter was referred to the Ordinance Committee for study and recommendation.
ACCOUNTS: Mr. Burkett moved that the Accounts be paid in the amount of $523,247.77. Mr. Heath seconded the motion. Council approved the same unanimously. Messrs Burkett, Heath, Warren, Cregger, Hendrick, Leaman and Dr. Gates voted affirmatively.
INVESTMENTS: Mr. Burkett moved that the Investment Report be approved as presented. Mr. Warren seconded the motion. Council approved the same unanimously. Messrs Burkett, Warren, Cregger, Hendrick, Heath, Leaman and Dr. Gates voted affirmatively.
REQUEST FOR PROPOSAL ON PARKING STUDY: Mr. Heath advised that the Town of Marion is the recipient of a DHCD Planning Grant for a Master Redevelopment Plan for Downtown. No Town matching funds are required for this project. The Town of Marion is soliciting proposals from qualified consultants for the production and delivery of a Master Redevelopment Plan for the Historic Downtown District. A pre-bid “walkthrough” will be held prior to acceptance of bids. Upon motion of Dr. Gates, seconded by Mr. Warren and vote of 6 AYES and 1 ABSTENTION (Heath), permission was granted to bid for proposals on a Master Redevelopment Plan for the Historic Downtown District.
REZONING REQUEST FROM FRANCIS G.AWALT, JR: A request to rezone property located at the corner of Culbert Drive and Park Boulevard from R1 and R2 to Medical Arts. Ms. Sheets requested that the official address of the property be determined for the zoning records. Upon motion, duly seconded and vote of 7 AYES and 0 NOES, this matter was referred to the Planning Commission for study and recommendation.
PULASKI BLUEJAYS BASEBALL: The Town of Pulaski and Pulaski Baseball, Inc. have invited Town Council members to be their guests for a Pulaski Bluejays baseball game during the 2004 season. Upon motion of Mr. Warren, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, Town Council members accepted the invitation and will schedule a date to attend.
TREE BOARD: Mr. Hendrick stated that the Tree Board is considering recommendations to revise the Tree Ordinance. He asked that they be included in the Ordinance Committee Meeting. Mayor Helms so ordered.
JULY 4TH CELEBRATION: Mr. Heath advised that arrangements are being made for the Annual July 4th Celebration. Festivities will begin at 7:00 p.m. at the MSHS Stadium. Travelers Revision and KLH will provide musical entertainment. The Quarterback Club will open the concession stand for refreshments. Fireworks will begin at dusk.
DOWNTOWN DAYS FESTIVAL AND HUNGRY MOTHER ARTS & CRAFTS FESTIVAL: Mr. Heath announced that the Downtown Days Festival and Hungry Mother Arts & Crafts Festival would be held on July 16, 17, and 18. The Annual Chili Cook-off will also be held on July 16.
RESCHEDULE MEETING: Mayor Helms advised that the next regular Town Council Meeting would be conducted on Tuesday, July 6, 2004 at 7:00 p.m.
DINNER HONORING COUNCILMAN/VICE-MAYOR SAMUEL S. BURKETT: Mayor Helms reminded members of a dinner honoring Sam Burkett on June 29, 2004 at 6:30 p.m. at the Main Street Gifts and Eatery. Mr. Burkett has served the Town of Marion citizens for 32 years.
CHILI TEAM: Marion Town Council will enter a team in the Chili Cook-off competition. The MTC Chili Team also plans to participate in the Bristol Chili Cook-off on September 18, 2004.
SHUCK-N-CLUCK: Mr. Heath advised that the Shuck-N-Cluck will be held at the beach at Hungry Mother State Park on September 18, 2004.
CERTIFIED LOCAL GOVERNMENTAL OFFICIALS: Virginia Magazine has announced that three (3) local government officials in Virginia have earned the designation of Certified Local Governmental Officials. Marion Town Council Member Ken Heath has earned this distinction. Congratulations Ken! ALLEYWAY/STREET VACATION REQUEST ON GILMAN STREET: A request from John Tilson requested that two (2) street/alleyways be vacated under special conditions allowed by the rehabilitation grant on Gilman Street. Mr. Fenyk researched the conditions mentioned by Mr. Tilson at the 6/7/04 Town Council Meeting. Mr. Fenyk advised that the Code Section that Mr. Tilson referred to only related to a Housing Authority Project. The project on Gilman Street is a Town of Marion, not Housing Authority, project and does not fall under the special conditions provided by the grant. The streets/alleyways may be vacated but must follow the process in the Town Code. Upon motion of Mr. Leaman, seconded by Mr. Burkett and vote of 7 AYES and 0 NOES, this matter was referred to the Ordinance Committee for review of the Ordinance and consideration of changes in the same.
PRATER LANE CROSSING: Town Attorney Mark Fenyk advised that he had tried to contact the proper person to discuss the closing of the Prater Lane Crossing. He stated that he has been in contact with the appropriate person and forwarded all correspondence concerning the closure of the Prater Lane Railroad Crossing to them. He anticipates that the project will now be able to move forward.
TAX ABATEMENT ORDINANCE: Mr. Heath advised that there has been some problem with relating the Tax Abatement to the County Attorney John Tate. He asked for a copy of the Ordinance that he might carry it to Mr. Tate for review and comments.
CLOSED SESSION: Pursuant to Code of Virginia, as amended, Section 2.2-3711 (A3) and upon motion of Mr. Hendrick, seconded by Mr. Heath, and vote of 7 AYES and 0 NOES, Town Council entered into Closed Session to discuss negotiations on Water Rights. Mr. Hendrick moved that Town Council return to Open Session and that it be known that only those matters legally exempted from Open Session and identified in the motion were discussed during the Closed Session. Mr. Leaman seconded the motion. Council approved the motion unanimously. Messrs Burkett, Hendrick, Cregger, Warren, Heath, Leaman and Dr. Gates voted affirmatively.
SPRING RIGHTS PROPOSAL: Mr. Hendrick stated that the individuals offered a 8-10 year agreement of $30,000 per month (10 million gallons @$3 per gallon per month) and retain the right to sell water in excess of 10 million gallons per month. Discussion ensued. Mr. Leaman moved that the Town Attorney and Town Manager continue to negotiate with the Scott family concerning their spring. Mr. Warren seconded the motion. Council approved the motion by a vote of 4 AYES and 3 NOES (Cregger, Heath, Hendrick). Mr. Fenyk reminded Council members that Town Council must approve any negotiations prior to becoming final. Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the meeting was adjourned.
JUNE 30th MINUTES:
Minutes of a Special Meeting of the Town Council of the Town of Marion, Virginia held at the Municipal Building, on June 30, 2004 at 5:00 p.m.
PRESENT: Mayor David P. Helms, Samuel Burkett, Mark Warren., Mel Leaman, Buford Cregger, Ken Heath and Dr. James Gates Council Members; John E. B. Clark, Jr., Town Manager; B. J. Hamm, Purchasing Agent and Town Attorney, Mark Fenyk.
INVOCATION/PLEDGE TO THE FLAG: Mr. Burkett rendered the invocation and the Pledge to the flag was lead by Mayor Helms.
VISITORS: None ADJUSTMENT OF CHARGES AND CREDITS - FINANCE OFFICE: Mr. Heath moved that these adjustments be accepted as presented. The motion was seconded by Mr. Warren and charges and credits were approved by a vote of 6 AYES and 0 NOES.
CHARGES:
Delinquent Taxes 2003 $ 12,174.20
Automobile Tags issued since March 1, 2004
at $15.00 each. 56,670.00
Motorcycle Tags issued since March 1, 2004
at $5.00 each. 225.00
Automobile Tags issued balance of 2003 2,576.50
Total Charges 71,645.70
CREDITS:
Losses on Water, Sewer, Garbage due to move outs,
errors in billing, errors in reading, adjustments for leaks
corrected , etc. 25,492.90
Credit Invalid Tax Tickets on file for 2003
Real Estate 0.00
Personal Property 1,910.97
Total Credits 27,403.87
NOTE: Total Charges to Office of Finance for Water, Sewer, and Garbage for fiscal year 2003-2004 $2,929,305.37
PAYMENTS OF 2003-2004 ACCOUNTS ON HAND: Upon motion, duly seconded and vote of 6 AYES and 0 NOES, the accounts were approved for payment.
SET TAX LEVY:
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF MARION, VIRGINIA; THAT pursuant to the Town Charter, the following taxes be levied for the necessary and proper management and expenses of the Town of Marion, Virginia for the fiscal year beginning July 1, 2004:
(1) Upon all real estate (including mobile homes) in the Town of Marion, Virginia, $0.11 per $100.00 of assessed value. Upon motion of Mr. Burkett, seconded by Dr. Gates and vote of 6 AYES and 0 NOES, Council approved the same.
(2) Upon all tangible personal property in the Town of Marion, Virginia, $0.29 per $100.00 of assessed value. Upon motion of Mr. Burkett, seconded by Dr. Gates and vote of 6 AYES and 0 NOES, Council approved the same.
(3) Upon all machinery and tools within the Town of Marion, Virginia, $0.29 per $100.00 of assessed value. Upon motion of Mr. Burkett, seconded by Dr. Gates and vote of 6 AYES and 0 NOES, Council approved the same.
(4) Upon all property within the Special tax District of the Town of Marion, Virginia, $0.11 per $100.00 of assessed value. Upon motion of Mr. Burkett, seconded by Dr. Gates and vote of 5 AYES and 1 ABSTENTION (Heath), Council approved the same.
Signed:________________________
David P. Helms, Mayor
Upon motion, duly seconded and vote of 6 AYES and 0 NOES, the meeting was adjourned.