PRESENT: Mayor David P. Helms; Eugene Hendrick, Buford Cregger, Herbert Clay, Ken Heath, Mark Warren, Mel Leaman and Dr. James Gates (arriving late), Council Members; Town Manager John E. B. Clark, Jr.; Assistant Town Manager Cecil Hicks; Police Chief Michael Roberts; Town Attorney Mark Fenyk; Purchasing Agent B. J. Hamm and Town Clerk/Director of Finance Dixie Sheets.
INVOCATION/PLEDGE TO THE FLAG: Mr. Hicks rendered the invocation. Mayor Helms led the Pledge to the Flag.
MINUTES: Upon motion of Mr. Clay, seconded by Mr. Heath, and vote of 6 AYES and 0 NOES, the minutes of the meeting of June 6, 2005 were approved as written and distributed. Messrs Hendrick, Heath, Warren, Clay, Cregger, and Leaman voted affirmatively.
VISITORS: William Peake, Mike Yingling, Jim May, Richard Keesling, Jeff Spickard, Scott Wilson.
ADOPTION OF FY2005-2006 BUDGET: Mr. Hendrick stated that Town Council has supported the Lincoln Theatre substantially throughout the years. He felt that once the Theatre was up and running that the Theatre would be able to generate funds to operate. They own the building and are grant eligible. He felt that $58,000 is more than should be allotted to the Theatre. He suggested that the allocation be reduced $8,000 and these funds obligated to the Smyth County Museum. The Museum does not own their building and have requested assistance in operation from the Council and Board of Supervisors. The Museum is not grant eligible. It was noted that $5,000 is budgeted for the Museum and no written request was submitted for budget purposes.
Upon motion of Mr. Leaman, seconded by Mr. Clay, and vote of 6 AYES and 0 NOES, the proposed 2005-2006 Budget was adopted. Messrs Hendrick, Cregger, Clay, Heath, Warren, and Leaman voted affirmatively. It was noted that Mr. Leaman abstained on the Free Clinic allotment and Mr. Heath abstained on TV3 and Marion Downtown! allotments.
APROVAL OF CHANGE ORDER # 1 ON EAST CHILHOWIE STREET BRIDGE: Scott Wilson stated that the contractor was issued a Notice to Proceed on January 9, 2005. It was understood that weather would not allow the contractor to paint the bridge. Inland Construction requested an 80-day weather extension. It was determined by Mr. Wilson and Mr. Hicks that 62 days would be allowed. Therefore, the project should be substantially complete on July 10. If not completed by July 10, a $150, per day, penalty may be assessed. Mr. Wilson further noted that Change Order #1 does not involve any additional cost to the Town. Upon motion of Mr. Heath, seconded by Mr. Clay, and vote of 6 AYES and 0 NOES, Town Council approved Change Order # 1 on the East Chilhowie Street Bridge Project. Messrs Hendrick, Cregger, Clay, Warren, Leaman, and Heath voted affirmatively.
APPROVAL OF PAYMENT REQUEST # 4 ON EAST CHILHOWIE STREET BRIDGE: Upon motion of Mr. Heath, seconded by Mr. Hendrick, and vote of 6 AYES and 0 NOES, Pay Request # 4 on the East Chilhowie Street Bridge Project, in the amount of $115,065.90 and two (2) engineering bills in the amount of $22,607.44 for a total of $137,673.34 were approved for payment. Messrs Hendrick, Leaman, Cregger, Heath, Clay, and Warren voted affirmatively. Mr. Wilson noted that ¾ of the contract has now been paid.
UPDATE ON CAMPBELL AVENUE SEWER PROJECT: Jeff Spickard reported that all of the paper work has been completed and submitted to Rural Development for review. Upon completion of the review, a Notice to Proceed may be issued. At that time, residents may be notified of the construction start date.
REJECTION OF BIDS-LEE STREET: Upon motion of Mr. Clay, seconded by Mr. Hendrick and vote of 5 AYES and 1 ABSTENTION (Heath) bids for the Lee Street Project, submitted on 5/19/05, were rejected. Mr. Hicks noted that the bids were rejected, as the low bid did not include an alternative bid to include a storm drain. Messrs Hendrick, Warren, Clay, Leaman, and Cregger voted affirmatively.
UDATE ON LEE STREET WATER PROJECT THROUGH HEALTH DEPARTMENT GRANT: Mr. Clark reported that the Town is 99% certain of Health Department funding. He added that the Town is in the process of meeting federal requirements with regard to Woman Business Enterprises and Minority Business Enterprises contractors. Upon motion of Mr. Warren, seconded by Mr. Cregger and vote of 5 AYES and 1 ABSTENTION (Heath) permission was granted to place the engineering contract for storm drain system on the Lee Street Project out for bid. Messrs Hendrick, Leaman, Cregger, Clay, and Warren voted affirmatively.
APPROVAL OF LEE STREET IMPROVEMENT BID: Mr. Hicks reported that the Lee Street Project was re-bid and bids received on 6/10/05. The re-bid included a complete storm drain system. Only two bids were received. One bid from W-L Construction and the apparent low bid from Ken Construction in the amount of $570,281. The project is to be completed within 120 days of the Notice to Proceed. Mr. Cregger stated that he will support the project, however, he did not feel that the process was handled correctly. He felt that Ken Construction did not bid in the first effort but was allowed to bid on the second bid. Mr. Warren concurred. Upon motion of Mr. Clay, seconded by Mr. Warren and vote of 5 AYES and 1 ABSTENTION (Heath) the low bid was awarded to Ken Construction. Messrs Hendrick, Clay, Cregger, Leaman and Warren voted affirmatively.
REZONING REQUEST FOR 215 BROAD STREET FROM CG TO R3-JOY JONES: Marion Planning Commission recommended that a Joint Public Hearing be scheduled on July 18, 2005 at 7:00 to consider this rezoning request. Upon motion of Mr. Leaman, seconded by Mr. Clay and vote of 5 AYES and 1 ABSTENTION (Warren), the Public Hearing was set on July 18.
WATER TREATMENT PLANT PROJECT – POSSIBLE GRANT SOURCE: Mr. Clark reported that grant funding has become available for water and sewer projects in Southwest Virginia. Award of the funds would be based upon readiness to proceed and regional projects. Several of the Town’s projects may qualify under the guidelines of the funding source.
ACCOUNTS: Mr. Clay moved that the accounts be paid in the amount of $700,592.75. Mr. Leaman seconded the motion. Mr. Leaman abstained from item # 35(Free Clinic Budget Appropriation) and Mr. Heath abstained from item # 24 (Marion Downtown!-reissue of check). With these abstentions noted, the Accounts were approved for payment by a vote of 6 AYES and 0 NOES.
INVESTMENTS: Upon motion of Mr. Hendrick, seconded by Mr. Leaman and vote of 6 AYES and 0 NOES, the Investment Report was approved as written and distributed. Messrs Hendrick, Heath, Cregger, Leaman, Warren, and Clay voted affirmatively.
POTENTIAL BILLBOARD AT EXIT 45: Mr. Heath reported that he had been contacted by Stafford Communications, Inc. of Jonesborough, TN concerning a billboard on I-81 and Matson Drive. John R. Stafford advised that if the Town Engineer would check out the property boundaries, their company would work with the town on erecting a small sign on the property for use in welcoming visitors to Marion. Mr. Fenyk stated that there are federal regulations with regard to what may be placed along the interstate. Mr. Clay moved that Mr. Hicks be allowed to inspect the boundaries of Mr. Stafford’s property concerning the placement of a sign on the same. Mr. Heath seconded the motion. Council approved the motion by a vote of 6 AYES and 0 NOES.
PLANNING COMMISSION-EXPIRATION OF TERM OF DUNCAN MCGREGOR ON JUNE 18, 2005: This item was continued.
DISTRICT THREE BOARD-EXPIRATION OF TERM OF EUGENE HENDRICK ON 6/30/05: Upon motion of Mr. Leaman, seconded by Mr. Heath and vote of 5 AYES and 1 ABSTENTION (Hendrick) Mr. Hendrick was reappointed to represent the Town of Marion on the District Three Governmental Cooperative Board.
SCHEDULE SPECIAL MEETING TO CLOSE END OF FISCAL YEAR MATTERS – JUNE 30, 2005 AT 5:00 P.M.: Upon motion of Mr. Heath, seconded by Mr. Cregger, and vote of 6 AYES and 0 NOES, a Special Meeting to close fiscal year matters was scheduled on June 30, 2005.
WATER OUTAGES AT WASHINGTON AVENUE CAR WASH-WILLIAM PEAKE: Mr. William Peake owns a car wash business located on Washington Avenue on the south end of Marion. Mr. Peake stated that often times the water is off for scheduled maintenance on Town lines. He complained that the Town does not notify him of water outages. He agreed that sometimes there is an unexpected water break that requires the water to be off. He added that the pumps to his business would burn out if they operate without water. He cited problems with his equipment and angry customers when the water is off. He is not a resident of Marion but requested that he be called in the event that water service to his business is interrupted. He stated that his contact numbers are posted at his place of business. Ms. Sheets requested that he provide his telephone numbers to the office. Council members assured Mr. Peake that every effort would be made to notify him when the water service in that area is off.
Dr. Gates arrived.
PERSONNEL COMMITTEE ON DRUG AND ALCOHOL TESTING: Dr. Gates reported that the Committee recommends random testing on Commercial Driver’s License (CDL) holders working for the Town. Federal law requires that CDL holders be tested at 50% for drugs and 10% for alcohol in the course of one year. Dr. Gates moved that the Town proceed with drug and alcohol testing of CDL holders as required by Federal law and that Smyth County Community Hospital computers perform such random selection. Mr. Clay seconded the motion. Town Council approved the same unanimously. Messrs Hendrick, Clay, Cregger, Leaman, Warren, Heath, and Dr. Gates voted affirmatively.
FIRE COMMITTEE ON SERVICE CHARGES AND GRANT FOR PAID FIREFIGHTER: Mr. Warren reported that the issue of billing insurance companies for fire calls would be best addressed by passing a resolution rather than adoption of an Ordinance. He added that the process would allow that the insurance company be billed directly and would not include a billing agency nor would a bill be sent directly to the property owner. He added that submission of the bill would not adversely affect the property owner’s premium. Mr. Heath moved that the Fire Committee draft a Resolution to consider submitting claims to insurance companies. Mr. Warren seconded the motion. Council approved the same unanimously.
PAID FIRE-FIGHTER POTENTIAL GRANT FUNDING: Michael Yingling of the MVFD stated that a grant is available to hire firefighters. The grant requires the awardees to match an increasing proportion of the salary over a four-year period. In the fifth year of the grant, the awardees must absorb the entire cost of any positions awarded as a result of the grant. According to Mr. Yingling, the information on the grant was not received until the end of May. Applications are due by June 28, 2005. The MVFD requests and the Fire Committee recommends and Mr. Warren moved that the Town of Marion apply for the grant funds for two (2) paid firefighters and if awarded determine whether to accept any or all of the grant. Mr. Heath seconded the motion. Council approved the motion unanimously. The application would be prepared by the MVFD personnel but submitted under the Town of Marion. Mr. Leaman asked that Council review the grant application. A lengthy discussion ensued. Upon completion of the application document by the Fire Department, the Town will make the formal application for two (2) paid firefighters as presented in the grant document. The proposal requests two firefighters at a salary of $28,250 each with benefits. CELL PHONES: Mr. Clay stated that an increasing number of accidents and fatalities have been reported to occur when drivers are using a cell phone, according to the National Transportation Board. He cited that he has been involved in several cases in which this was a contributor to an accident. Mr. Clay expressed concern that this issue is becoming more common. He suggested an ordinance to restrict cell phone use to hands free devices. Discussion ensued. Mr. Clay moved that the matter be referred to the Ordinance Committee for study and report. Mr. Heath seconded the motion. Council approved the motion unanimously.
DEPUTY PHILLIP SHULER DECEASED: Mr. Clay advised that Phillip Shuler, brother of Smyth County Detective Chip Shuler and son of former Smyth County Deputy D.C. Shuler passed away over the weekend. Deputy Shuler was a former patrolman with the Chilhowie Police Department and most recently with the Wythe County Sheriff’s Department. Mr. Clay asked that the Shuler Family be in our thoughts.
MUTUAL AID AGREEMENT WITH WASHINGTON COUNTY-TOWN ATTORNEY: Mr. Fenyk requested that the Ordinance Committee meet on this matter.
ADULT ENTERTAINMENT ORDINANCE-TOWN ATTORNEY: This item was continued.
ADELPHIA/TIME WARNER/COMCAST TRANSACTION-TOWN ATTORNEY: Mr. Fenyk asked that the TV Cable Committee meet on this item.
ORDINANCE VIOLATION-COMMERCE STREET: Mr. Warren stated that he and several members of Town Council were contacted by the individual who owns the trailers parked on a vacant lot on Commerce Street. The gentleman felt that he was being singled out for the violation. Mr. Warren asked that the Ordinance be enforced equally or removed from the Code. Mr. Hicks noted that accessory structures not bound to the ground are in violation of the Zoning Ordinance. Mr. Fenyk advised that a trailer on wheels and properly tagged are exempted from the Zoning Ordinance regulation. Those storage trailers located behind Walmart meet the accessory structures definition in the Zoning Ordinance and are in compliance.
Mr. Hicks stated that he would further investigate the situation on Commerce Street.
LUNCHTIME ON THE LAWN: The season final Lunchtime on the Lawn will be held on Friday, June 24.
JULY 4TH CELEBRATION: A spectacular fire works display is planned at the MSHS football stadium on July 4.
ANNUAL CHILI COOK-OFF: The annual Chili Cook-Off and Downtown Festival will be held July 15,16, & 17. A Street Dance will be held on July 16.
SMALL TOWNS ON TV: Mr. Heath reported that a TV crew is producing a documentary on small towns and will hopefully be in Marion tomorrow.
DEPARTMENT OF CORRECTIONS-DONATION OF PROPERTY: Mr. Heath reported that the Department of Corrections would donate a parcel of property at Exit 45 for the possible future development of a Welcome Center. Mr. Heath moved that the Town accept the land for future development. Mr. Clay seconded the motion. Council approved the same unanimously. Messrs Hendrick, Cregger, Leaman, Heath, Clay, Warren and Dr. Gates voted affirmatively.
DIRECTOR OF PUBLIC WORKS: Mr. Heath advised that the Director of Public Works, Jackie Perry, recently won a Aaron Tipton look alike competition and met the entertainer at his concert in Bluefield.
RELAY FOR LIFE-AMERICAN CANCER SOCIETY: Mayor Helms reported that the Relay for Life event was held on June 17 and 18 and was a rousing success. The Town of Marion team raised $1,830. A total of $97,000 was raised countywide.
VML: Those planning to attend the VML Annual Conference were asked to return their registration information by June 21, 2005 to the Town Clerk.
CHILI TEAM: The Town of Marion will again participate in the Chili Cook-Off. Members of Town Council will comprise a team.
RESCHEDULE TOWN COUNCIL MEETING: Town Council rescheduled their July 4th meeting to July 5th.
AUDIT-OFFICES CLOSED: The Town Clerk and Finance Offices will be closed on June 30, 2005 in preparation for the Annual Audit.
VDOT GRANT FUNDS: A dollar for dollar match VDOT grant will provide funds for highway related projects. Several of the Town’s projects would be eligible for this funding. This item was referred to the Street Committee. A Resolution must be submitted to VDOT on or before July 22, 2005.
STREET LIGHT-PANORAMA DRIVE: Chief Roberts reported that the Street Light on Panorama Drive is in working order.
GILMAN STREET: Chief Roberts reported that all vehicles on Gilman Street are properly tagged.
LINCOLN THEATRE: Chief Roberts had received a request to close Court Street to Chestnut Street on July 22 & 23 from 4 PM until 11:30 PM. PBS will be filming a music program at the Lincoln Theatre for later broadcast. Upon motion of Mr. Clay, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, the request was granted.
PARADE PERMIT TO BLOCK STREET: Chief Roberts reported that VDOT has approved the Town’s request to close Main Street from Commerce Street to Sheffey Street from 5:45 pm until 11:15 pm on July 15, 16, and 17 for the Chili-Cook Off, Street Dance and Downtown Days. Upon motion of Mr. Leaman, seconded by Mr. Clay and vote of 6 AYES and 1 ABSTENTION (Heath), Town Council concurred.
POLICE DEPARTMENT INTERN: Upon request of Chief Roberts and motion of Mr. Leaman, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, Council approved an internship for Regina Robinson of Sugar Grove.
HOMELAND SECURITY GRANT: Chief Roberts reported that upon receipt of a $20,000 Homeland Security Grant, the Town agreed to purchase a generator for the Police Department. He proposed that the generator be large enough for the entire building located at 305/307 Park Street. Next year the grant will be in the amount of $5,000. Chief Roberts was able to secure permission to add the two grants together and use toward the purchase of the generator. However, the cost is $30,500. The funds are $5,500 short of the amount necessary to purchase the generator. Upon motion of Mr. Leaman, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, this item was referred to the Finance Committee.
SEWER TREATMENT PLANT: Donnie Coley informed Town Council that an influent pump at the Sewer Treatment Plant must be replaced. This is an unexpected expense of $31,814.00. The pump is a retrofit into the existing system and must be secured from a sole-source provider. Dr. Gates moved that the request for these funds be approved and paid for from the Sewer Escrow Fund. Mr. Leaman seconded the motion. Council approved the same unanimously. Messrs Hendrick, Leaman, Cregger, Clay, Warren, Heath and Dr. Gates voted affirmatively.
Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the meeting was adjourned.
Minutes of a Special Meeting of the Town Council of the Town of Marion, Virginia held at the Municipal Building, on June 30, 2005 at 5:00 p.m.
PRESENT: Mayor David P. Helms, Eugene Hendrick, Herbert Clay, Mark Warren., Mel Leaman, Buford Cregger, Ken Heath and Dr. James Gates, Council Members; John E. B. Clark, Jr., Town Manager; Assistant Town Manager/Town Engineer; B. J. Hamm, Purchasing Agent; and Dixie Sheets, Town Clerk/Director of Finance.
INVOCATION/PLEDGE TO THE FLAG: Mr. Hicks rendered the invocation and the Pledge to the flag was lead by Mayor Helms.
VISITORS: None
PAYMENTS OF 2004-2005 ACCOUNTS ON HAND: Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the accounts were approved for payment. Messrs Hendrick, Clay, Heath, Leaman, Cregger, Warren and Dr. Gates voted affirmatively. Town Clerk/Finance Director Dixie Sheets was advised by Town Council to cash Certificates of Deposits as needed to pay accounts and fully fund projects pending reimbursement by funding agencies.
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, 2005:
(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 Dr. Gates , seconded by Mr. Clay and vote of 7 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 Dr. Gates, seconded by Mr. Clay and vote of 7 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 Dr. Gates , seconded by Mr. Clay and vote of 7 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 Dr. Gates, seconded by Mr. Clay and vote of 6 AYES and 1 ABSTENTION (Heath), Council approved the same.
Signed:________________________
David P. Helms, Mayor
Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the meeting was adjourned.