PRESENT: Mayor David P. Helms; Eugene Hendrick, Buford Cregger, Herbert Clay, Ken Heath, Mel Leaman, Mark Warren and Dr. James Gates, 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: Councilman Heath rendered the invocation. Mayor Helms led the Pledge to the Flag.
MINUTES: Upon motion of Mr., seconded by Mr., and vote of 6 AYES and 1 ABSTENTION (Warren), the minutes were approved as written and distributed. Messrs Heath, Clay, Leaman, Hendrick, Cregger and Dr. Gates voted affirmatively.
VISITORS: John E. Stringer, John H. Tate, Jr., Debra Philpo, Jeff Spickard, Pamela Stickley William Mahone
INTRODUCTION OF PAMELA STICKLEY-FINANCE OFFICE/FISCAL TECHNICIAN: Ms. Sheets introduced Pamela Stickley. Mrs. Stickley was hired as a Fiscal Technician in the Office of Finance. She and her family have been Smyth County residents for 21 years. The Bank of Tazewell County previously employed her. The staff looks forward to working with Pam.
INTRODUCTION OF DAVE BARRETT-EXECUTIVE DIRECTOR OF MT. ROGERS PLANNING DISTRICT COMMISSION: Mr. Barrett was unable to attend.
REQUEST FOR FRANCHISE AGREEMENT-BANK OF MARION/TOWN OF MARION: Mayor Helms closed the bids at 7:00 p.m. Only one bid was received. Mr. Clark opened the bid. Ms. Sheets read the bid from the Bank of Marion for a fiber optic and communication transmission and distribution system between 101 East Main Street and 102 West Main Street. The franchise is for a period of fifteen (15) years with a one (1) year initial offering and fourteen (14) one-year renewals at a rate of $10.00 annually. John H. Tate, Jr., attorney for the Bank of Marion, asked that a portion of the agreement be changed. Mr. J. E. Stringer, President of the Bank of Marion, accompanied Mr. Tate. Town Council and the Town Attorney agreed to the change and Mr. Fenyk is to prepare the final document. Dr. Gates moved that the franchise be granted. Mr. Warren seconded the motion. Council approved the same by a vote of 6 AYES and 1 ABSTENTION (Cregger).
REQUEST FOR FRANCHISE AGREEMENT-SMYTH COUNTY COMMUNITY HOSPITAL/TOWN OF MARION: Mayor Helms closed the bids at 7:00 p.m. Only one bid was received. Mr. Clark opened the bid. Ms. Sheets read the bid from Smyth County Community Hospital for a fiber optic and communication transmission and distribution system from and between 565 Radio Hill Road throughout Snider Street and from and between 565 Radio Hill Road along Culbert Drive to Terrace Drive and throughout Terrace Drive in the Town of Marion. The franchise is for period on fifteen (15) years with a one (1) year initial offering and fourteen (14) one-year renewals at a rate of $100.00 to be renewed annually as set forth by the ordinance. SCCH President William Mahone spoke on behalf of the Hospital. He stated that the purpose of the fiber optic line is to connect the physician's offices to the hospital. This allows the physicians direct access to patients records and testing results. Mr. Hendrick moved that the franchise be granted. Mr. Heath seconded the motion. Council approved the same by a vote of 6 AYES and 1 ABSTENTION (Clay).
ACCOUNTS: Mr. Leaman moved that the accounts be paid in the amount of $625,991.37. Mr. Heath seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES. Messrs Hendrick, Clay, Cregger, Heath, Leaman, Warren and Dr. Gates voted affirmatively.
INVESTMENT REPORT: Dr. Gates moved that the Investment Report be approved as presented. Mr. Heath seconded the motion. Council approved the same unanimously. Messrs Hendrick, Heath, Clay, Cregger, Heath, Leaman and Dr. Gates voted affirmatively.
NOTICE OF VDOT'S AWARD OF CONTRACT TO INLAND CONSTRUCTION FOR EAST CHILHOWIE STREET BRIDGE: Mr. Clark informed Town Council that Contract Award Approval to Inland Construction, Inc. for the East Chilhowie Street Bridge Project has been received from VDOT. Engineers for the project are Thompson and Litton. Mr. Clark advised that the construction would begin on or about December 27, 2004.
TRAFFIC COUNT ON JONES STREET: Mr. Hicks reported that the traffic counts conducted show that S. Jones Street is heavily used, mainly as a convenience. Mr. Hendrick moved that upon the recommendation of the Street Committee and the volume of traffic that S. Jones Street not be closed. Mr. Clay seconded the motion. Council approved the motion by a vote of 6 AYES and 1 ABSTENTION (Warren). Following the vote, Mr. Heath asked that the Engineering Department consider some type of safety mechanism to place in the area, such as, cross-walks and or speed bumps.
RECOMMENDATION ON ENGINEER FOR WATER TREATMENT PLANT UPGRADE: Mr. Hendrick reported that a committee interviewed those engineering firms selected. He noted that two of the firms were rated closely, however, the committee recommended that the project be awarded to Lane Engineering. Mr. Hendrick moved that the Town begin negotiations with Lane Engineering, the engineering firm ranked first by the Committee. Mr. Clay seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES. Messrs Hendrick, Cregger, Heath, Leaman, Clay, Warren and Dr. Gates voted affirmatively.
UPDATE ON EAST LEE STREET ENGINEERING AND BRIDGE: On December 6, the Street Committee met with Mike Agee, Mr. Clark, and Mr. Hicks to discuss the Lee Street Bridge Project. It has been determined that eight (8) property owners will be affected by the project. To achieve the desired alignment for the proposed project some right of way must be secured. Mr. Leaman expressed concern that no one has seen the proposed design. He further expressed concern about extending the project beyond replacement of the bridge. Mr. Hicks stated that the proposed project area is from Chestnut Street to Main Street. Mr. Hendrick explained that the project is proposed in two (2) phases. Phase I will include from Main Street to the bridge and would be completed by June 30, 2005. Phase II would include the areas from the bridge to Chestnut Street. Phasing the project would split the cost between two (2) fiscal years. It was decided that both phases would be bid at the same time. Mr. Leaman noted that the proposed project is in the early stages and that no final decision has been made on the design. Mr. Hicks agreed, however, a concept had to be developed prior to discussing the proposal with property owners. He added that the Town will be using all of the Town's right of way and may request up to five (5) feet from property owners. The Town will request that the property owners donate the right of way. Mr. Cregger advised that the property owners have been made aware of the plans to repair the bridge and improve the street. Mr. Hendrick moved that Mr. Hicks proceed working with the engineers to secure meets and bounds and schedule meetings with property owners. Dr. Gates seconded the motion. Council approved the motion unanimously.
WRITTEN CONFIRMATION ON TWO ISSUES REGARDING HEALTH INSURANCE: Mr. Clark stated that written confirmation has been received from Mr. Walt Norman, Local Choice Insurance Pool, that supplemental experience claims for retirees, over age 65, will not affect the experience modification rate of regular, full-time employees. Secondly, written confirmation has been received that elected officials are eligible for coverage under the Town's plan, however, they become ineligible if they do not run again, are defeated in an election or relinquish their elected position. Upon these events, the elected official will fall under COBRA provisions as any other covered employee.
REQUEST TO CLOSE RIGHT OF WAY BETWEEN IRON STREET AND PEARL AVENUE: Upon motion of Mr. Clay, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, this item was referred to the Street Committee for study and report.
SELECTION OF DATE FOR NEXT COUNCIL MEETING: Mayor Helms set the next Town Council meeting to Tuesday, January 4, 2005 at 7:00 p.m.
E-911 COMMITTEE: Mr. Fenyk stated that input on changes to the proposed contract have been submitted to the Fire Department. Upon motion of Mr. Leaman, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, this item was continued.
STREET LIGHT COMMITTEE-WASONNA CIRCLE AND POLE CONDITIONS: Upon motion of Mr. Cregger, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, this matter was continued.
BUILDING COMMITTEE-SENIOR CITIZEN CENTER-HVAC PROPOSAL: Mr. Cregger advised that an invitation for a pre-bid conference was advertised. Only one (1) potential bidder attended. They surveyed the Senior Citizen's Building and priced the HVAC unit at $37,900 plus $3,200 for all labor and materials to demolish and remove existing heating and cooling equipment and dispose of all refrigerant and oils as per EPA regulations. Dr. Gates stated that funds have not been included in the operating budget. Any expenses for this project would have to be taken from retained earnings. Mr. Cregger moved that the Town accept the bid and alternative bid for removal of materials from R&M Heating and Cooling for a total expense of $41,100. Mr. Warren seconded the motion. Council approved the same unanimously. Mr. Hamm was asked to assist R&M, as he is familiar with the current system. Staff was further advised to secure insurance and bond documents prior to awarding of the project.
CHRISTMAS TREE CELEBRATION: Mr. Heath informed Council that the Town's Celebration of the National Christmas Tree would be televised on PBS at 8 p.m. on Christmas night.
SENIOR CITIZEN CENTER LUNCHEON: Mr. Heath invited members of Town Council to serve the seniors for their annual luncheon on December 22.
FINANCE COMMITTEE: Dr. Gates requested that a meeting be scheduled in January to discuss the budget situation at six (6) months.
HUNGRY MOTHER ESTATES SUB-DIVISION: Mr. Warren asked for an update on the development of Hungry Mother Estates Sub-Division. Mr. Fenyk advised that he had briefly discussed the matter with W-L Construction Company attorney, John H. Tate, Jr. Mr. Tate indicated that he would get in touch with Mr. Walker and Mr. Lewis and report to Town Council at a future meeting. Mr. Fenyk further advised that the plat for the northern parcels has been recorded. Mr. Heath stated that the Town has a critical need for housing and development of the property would help address those needs. Mr. Cregger moved that Mr. Clark contact Mr. Walker, Mr. Lewis, and Mr. Tate to set up a meeting to discuss their intentions with regard to Hungry Mother Estates Sub-division. Mr. Heath seconded the motion. Council approved the motion by a vote of 6 AYES and 1 NOE (Leaman). Mr. Fenyk advised that he has already contact Mr. Tate on this matter.
POLICE DEPARTMENT: Councilman Clay commended the Police Department on recent duties performed.
SPECIAL USE PERMIT REQUEST-1110 CULBERT DRIVE: Patty and Neville Mozingo have requested a Special Use Permit for Home Occupation to establish an office in their home. Upon motion of Mr. Warren, seconded by Mr. Hendrick and vote of 7 AYES and 0 NOES, a public hearing was scheduled for January 18, 2005 at 7:00 p.m.
REZONING REQUEST-PENDLETON STREET-CHARLES ANDERS: Upon motion of Mr. Leaman, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, a Joint Public Hearing was scheduled to consider a request to rezone a parcel of property located on the back side of lot one (1) on Pendleton Street from Medical Arts to Commercial General. The hearing was scheduled for January 18, 2004 at 7:00 p.m.
TOWN MANAGER'S REPORT: Mayor Helms commended Mr. Clark on the in-depth report of the projects completed by the Town during the year. Among those items were: Hollow Road Water, Water Leak Analysis, Cedar's Water Line, Matson Drive Water, Hydrant/Valve Replacement, Staley Street Storm Drain, Bikeway Project, and East Chilhowie Street/Gilman Street Water Line. Several other projects have begun or are in planning stages. They are: Campbell Avenue Sewer Project, Country Club/Riverview Sewer Project, East Chilhowie Street Bridge, South Main and Southview Street Water, Lee Street Bridge, Closure of Old Prater Lane Rail Crossing, and the Water Treatment Plant Upgrade.
REGIONAL MEETING FOR EDUCATORS IN ATLANTA, GEORGIA: Mayor Helms reported that he attended the Educators Regional Conference in Atlanta, GA. Educators from eleven (11) states attended the Conference. Educators from Rich Valley Elementary, Chilhowie Elementary and Marion Primary made presentations. Those individuals representing Smyth County and making presentations were: Linda Catron, Kay Richardson, Kim Williams, Jeff Cassell and Dennis Carter. Smyth County is extremely proud that being invited to speak at the Conference honored our educators.
TOWN STAFF COMMENDED: Mayor Helms expressed his appreciation to the entire Town Staff and Town Council for their diligent work in providing services to the community.
POLICE COMMITTEE TO BE SCHEDULED: Chief Roberts asked that a meeting of the Police Committee be scheduled by the end of January.
SAFETY COMMITTEE REPORT: Mr. Clark reported that the Town staff has completed one (1) year with no loss time accident.
Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the meeting was adjourned.