PRESENT: Mayor David P. Helms; Eugene Hendrick, Buford Cregger, Herbert Clay, Mel Leaman; Mark Warren; Ken Heath, and Dr. James Gates, Council Members; Town Manager John E. B. Clark, Jr.; Assistant Town Manager/Town Engineer Cecil Hicks; Police Sgt. Keith Clark; Purchasing Agent B. J. Hamm; and Town Clerk/Director of Finance Dixie O. Sheets.
INVOCATION/PLEDGE TO THE FLAG: Mr. Warren 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 conducted on 9/6/05 were approved as written and distributed. Messrs Hendrick, Cregger, Clay, Leaman, Warren, Heath and Dr. Gates voted affirmatively.
VISITORS: James Dillon, Jeff Spickard
LETTER FROM STRUCTURAL ENGINEER ON EAST CHILHOWIE SREET BRIDGE: A letter from Thompson and Litton Structural Engineer, Steven D. Brooks, P.E., was discussed. The letter states that the placement of the drains in the bridge deck will not adversely affect the longevity or strength of the newly renovated East Chilhowie Street Bridge. Mr. Fenyk noted that the letter did not display the Engineer’s Seal. Mr. Leaman moved that the statements in the letter be accepted, conditional upon the Engineer’s Seal be applied to the same. Upon receipt of the letter with the Engineer’s Seal, payment may be released, as approved. Dr. Gates seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES. Messrs Hendrick, Heath, Cregger, Leaman, Warren, Clay and Dr. Gates voted affirmatively.
SITUATION ON OLD AEP OFFICE: Mr. Heath advised that the Appalachian Power Company office, located on Broad Street, would relocate to the new service center in Glade Spring during the first quarter of 2006. He has spoken with the owners concerning possible donation of the property to Marion Downtown! Mr. Heath stated that this item may be removed from the agenda and he will bring the matter back to Council when additional information is received.
REQUEST FROM MARION DOWNTOWN! REGARDING NEXT YEAR’S CHILI CHAMPIONSHIP: Mr. Heath reported that the MDRA Board of Directors voted unanimously to request permission from the Town Council and the VA ABC Board to allow beer and wine sales during the next year’s Chili Championship. He had spoken with ABC representative, Brian Edwards, and he recommended that the Town provide a well-marked area where alcohol would be sold and consumed and that adequate measures be taken to ensure all those purchasing alcohol were of legal age. He noted that the MDRA currently organizes two other events where alcohol is sold—the Luau at the Lake and the Shuck ‘N’ Cluck. These events have demonstrated the ability to successfully promote and manage events where alcohol is sold. Mr. Heath asked that this item be continued.
ACCOUNTS: Mr. Heath moved that the accounts be approved for payment in the amount of $1,232,412.54. Mr. Warren seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES. Messrs Hendrick, Leaman, Cregger, Clay, Heath, Warren and Dr. Gates voted affirmatively.
INVESTMENTS: Upon motion of Mr. Heath, seconded by Mr. Cregger, and vote of 7 AYES and 0 NOES, the Investment Report was approved as written and distributed. Messrs Hendrick, Leaman, Cregger, Clay, Heath, Warren and Dr. Gates voted affirmatively.
PETERS-SHEFFEY CEMETERY SITUATION: Mr. Clark and Mayor Helms presented a request from the Peters-Sheffey family members to ask that the Town of Marion maintain the Peters-Sheffey Cemetery (clean up only-mowing and brush removal). One of the Town’s Civil War Trails kiosks is located at the entrance to the Cemetery to recognize Colonel William Peters, who is buried there. A trust fund is established at the Wachovia Bank for the Peters-Sheffey Cemetery and the following family members have signed that the fund be used to maintain the Cemetery: Eleanor Sheffey Hutton, T. D. Hutton, III, James Sheffey Hutton, Mary Preston Stanley, Martha Copenhaver, Betty Blair Stewart, Marsha Collins and Susie P. Walker. The amount of the funds in the Trust is unknown. Upon motion of Mr. Leaman, seconded by Mr. Warren and vote of 7 AYES and 0 NOES, this item was referred to the Cemetery Committee. Mr. Heath moved that the Town mow and remove brush from the Cemetery. Mr. Hendrick seconded the motion. Council approved the motion unanimously. Messrs Hendrick, Cregger, Leaman, Clay, Heath, Warren and Dr. Gates voted affirmatively.
ADOPTION OF PRE-DISASTER HAZARD MITIGATION PLAN- JAMES DILLION, MRPDC: It was noted that the full 150-page document is available upon request. Mr. James Dillon, MRPDC, informed Council that FEMA has asked each state to develop a Pre-Disaster Hazard Mitigation Plan. The Virginia Department of Emergency Management contacted the Regional Planning Commissions to establish these plans. The proposed Plan must be passed by the localities to become eligible for FEMA funds as a result of a natural disaster. Upon motion of Mr. Heath, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, the Pre-Disaster Hazard Mitigation Plan was adopted as presented. Messrs Hendrick, Cregger, Leaman, Clay, Warren, Heath and Dr. Gates voted affirmatively.
RESOLUTION 05-114:
RESOLUTION OF A
PRE-DISASTER MITIGATION PLAN
WHEREAS, the Commonwealth of Virginia’s Department of Emergency Management and the Mount Rogers Planning District Commission agree that a regional Pre-Disaster Hazard Mitigation Plan shall be developed for the Mount Rogers Planning District; and
WHEREAS, the Mount Rogers Planning District Commission has completed the necessary tasks required by the agreement between the Virginia’s Department of Emergency Management and the Mount Rogers Planning District Commission; and
WHEREAS, the Pre-Disaster Hazard Mitigation Plan includes identification of all significant natural hazards affecting the Town of Marion; and
WHEREAS, the Pre-Disaster Hazard Mitigation Plan contains risk assessments and estimated potential dollar losses of each of the identified hazards, a mitigation strategy to reduce or eliminate the risk of damage from future incidents, and a process to update the plan every five (5) years, therefore making the Town of Marion, a jurisdiction of the Mount Rogers Planning District, eligible for hazard mitigation grant assistance.
NOW THEREFORE, BE IT RESOLVED, that the Town of Marion Council adopt the Pre-Disaster Hazard Mitigation Plan.
Adopted, this 19th day of September 2005.
DESIGNATE MAIN STREET COMMUNITY REQUIREMENTS: Mr. Heath reported that this Agreement states that the Town of Marion will continue to participate in the Virginia Main Street Program. All appropriate designees have signed it.
CHANGE TO NEW LONG DISTANCE CARRIER: Mr. Clark reported that the Town was contacted by a fairly new long distance telephone company, Telescan, to perform an audit on the Town’s present service. The audit indicated that the Town would save approximately $76.65 per month on long distance telephone service. Several references were checked, including the Town of Abingdon, H. S. Williams Company, Smyth County and Town Attorney Mark Fenyk. All gave them a satisfactory report. Sprint, when contacted to send a representative to discuss the Town’s service, informed the Town Manager that Sprint did not send out representatives to accounts the size of the Town and did their business over the telephone. The Town signed a contract with Telescan that went into effect on August 24, 2005.
EQUIPMENT/PERSONNEL COMMITTEE ON TAKE HOME VEHICLES: Mr. Clark stated that at present, nine (9) Town employees are taking their vehicles home. It had been determined that other employees, non-department heads, had also been driving Town vehicles home. Mr. Clark met with the Personnel and Equipment Committees. He suggested that each department cut gasoline usage by 7%. Mr. Clark recommended that the Town eliminate take home vehicles with the exception of the Public Works Director and during the winter season (December-March), the Public Works Street Foreman. Also to be considered is the Senior Meter Reader and Animal Warden. Mr. Heath moved that Council accept Mr. Clark’s proposal, effective October 1, with a review of the situation on November 1. The motion was seconded by Mr. Clay and carried unanimously. Messrs Hendrick, Cregger, Leaman, Clay, Warren, Heath and Dr. Gates voted affirmatively.
POLICE/ANIMAL CONTROL VEHICLE: Currently the Animal Control Officer takes a Town vehicle home. Mr. Clay noted that the vehicle is marked as a “Police” vehicle, including painting and blue lights. He expressed concern about the liability of a Police vehicle operated primarily by a non-law enforcement officer. Mr. Clark noted that Mr. Farmer is a Certified Animal Control Officer. Sgt. Clark stated that he is also authorized to attend deer kill incidents and issue summons with regard to the same. Mr. Fenyk stated that the vehicle is primarily a Police vehicle. Sometimes the Police use it during snow events. Dr. Gates asked that Chief Roberts address the legal standing on usage of this vehicle and report to Town Council.
CAMPBELL AVENUE SEWER PROJECT-PAY REQUEST # 2: Jeff Spickard, Lane Engineering, recommended payment of Pay Request # 2, in the amount of $147,742.10. He added that the project is ahead of schedule and 64% complete. Upon motion of Mr. Warren, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, payment was approved. Messrs Hendrick, Leaman, Cregger, Clay, Warren, Heath, and Dr. Gates voted affirmatively. It was further noted that the siphon (Change Order 1) has been completed and the new manhole is working much better.
UPDATE ON ADELPHIA/COMCAST CABLE TRANSACTION: Mr. Fenyk informed Town Council that Moss & Barnett’s report regarding the proposed assignment and transfer of the Adelphia Cable franchise, from Adelphia to Time Warner and then to Comcast. Upon motion, duly seconded and vote of 7 AYES and 0 NOES, this matter was referred to the TV Cable Committee for study and report. Upon motion, duly seconded and vote of 7 AYES and 0 NOES, a Public Hearing and Special Called Council Meeting was set on October 12, 2005 at 5:00 p.m. to consider this matter.
LEE STREET BRIDGE REPLACEMENT AND WIDENING PROJECT: Mr. Hicks reported that all of the permit modification with the Marine Resources Commission and the Army Corps of Engineers has been completed. All AEP easement forms have been signed, with the exception of Hardees.
FIRST STREET: Mr. Cregger reported that the trees around the light on First Street have been trimmed.
WATER CONTRACT WITH SMYTH COUNTY: Mr. Heath reported that there has been some confusion by the residents at HMSP that the Town of Marion is delaying water line installation. Mr. Heath noted that the Town received a letter, dated 7/12/05, requesting extension of the term to 14 consecutive 3-year terms, on July 14, 2005. Town Council considered this matter at the July 18 meeting, referred it to Committee and passed a proposed Contract on September 6. The Town hand delivered the Contract to the County on September 8. Upon an inquiry as to the status, Smyth County has referred the contract to the Water Committee for review and recommendation.
ARTISAN’S TOURISM CENTER: Mr. Heath reported that the Town of Marion’s proposal for the Southwestern Virginia Artisan and Tourism Center has been completed and submitted to the Virginia Department of Housing and Community Development for consideration.
ART EXHIBIT AT TOWN PROPERTY LOCATED AT 144 W. MAIN STREET: Mr. Heath reported that the Art League is utilizing the former Police Department Building for an Art Exhibit during the Sherwood Anderson Festival. The Festival is being held from September thru November.
Upon completion of the Festival, the Royal Oak Players and Art League have expressed an interest in using this facility. Mr. Heath noted that discussions concerning liability and utility expenses must be conducted if the property is used past the Sherwood Anderson Festival. Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the Building and Grounds Committee will meet to discuss future use of the property.
RIDGEFIELD ASSISTED LIVING FACILITLY: Members of Town Council were invited to attend the Ridgefield Assisted Living Facility Open House on September 24 from 1 pm to 4 pm.
DISABILITY MONTH: Ms. Gail Hoofnagle will be available on October 5 to discuss disability matters.
CHILI COOK-OFF CHAMPIONSHIP-RHYTHM & ROOTS REUNION IN BRISTOL: Mayor Helms reported that the Town’s Chili Team received First Place in the Rhythm & Roots Chili Cook-off. Mayor Helms, Mindy Dyer, Jack Perry, Mr. Leaman, Todd Long, and Michael Roberts comprised the Town’s team. The Town received a $250 prize.
Another Town Chili Team, spearheaded by Ken Heath, was awarded the Showmanship Award at the Rhythm & Roots Reunion in Bristol.
CLOSED SESSION: Pursuant to Code of Virginia, as Amended, Section 2.2-3711 and upon motion of Mr. Hendrick, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, Council entered into Closed Session to discuss possible litigation. Mr. Hendrick moved that Town Council return to Open Session and that it be known that only those matters identified in the motion were discussed during the Closed Session. Mr. Heath seconded the motion. Town Council approved the same unanimously. Messrs Hendrick, Cregger, Leaman, Clay, Heath, Warren and Dr. Gates voted affirmatively.
Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the meeting was adjourned.