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 Chief Michael Roberts; Purchasing Agent B. J. Hamm; and Town Clerk/Director of Finance Dixie O. Sheets.
INVOCATION/PLEDGE TO THE FLAG: Mr. Hicks 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 10/3/2005 were approved as written and distributed. Messrs Hendrick, Cregger, Clay, Leaman, Warren, Heath and Dr. Gates voted affirmatively.
Upon motion of Mr. Heath, seconded by Mr. Clay, and vote of 7 AYES and 0 NOES, the minutes of the Special Called Meeting of October 12, 2005 were approved as written and distributed. Messrs Hendrick, Cregger, Clay, Leaman, Warren, Heath and Dr. Gates voted affirmatively.
VISITORS: Jerry Chewning, Scott Wilson, Jeff Spickard
APPROVAL OF PAY REQUEST NUMBER 7, APPROVAL OF CHANGE ORDER NUMBER 2, AND CONSENT OF SURETY TO FINAL PAYMENT ON EAST CHILHOWIE STREET BRIDGE-SCOTT WILSON: The request for payment #7 for the East Chilhowie Street Bridge, in the amount of $27,802.20, was presented for approval. This is the final pay request for the project. Mr. Wilson informed Council that the contractor has finished the bridge, including three (3) drains, and has completed the punch list items. He added that change order # 2, resulted in a net savings of $1,757.80. He noted that there is a one (1) year warranty and a warranty inspection will be conducted in 11 months. The contractor has submitted the Consent Surety for the Project, certifying that all contractors have been paid in full. Upon motion of Dr. Gates, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, pay request # 7 was approved as presented and Change Order # 2 was approved. Messrs Hendrick, Cregger, Clay, Leaman, Warren, Heath and Dr. Gates voted affirmatively.
Mr. Clark informed Council members that the East Chilhowie Street Bridge Project has been nominated to receive the ACEC Innovative Project Award for the Commonwealth. REPORT FROM PLANNING COMMISSION-ARCHITECTURAL REVIEW BOARD-COUNCILMAN HEATH: The purpose of the proposed Marion Old and Historic Zoning District Design Review Guidelines is to ensure that upgrades and renovations are in character with the district. Mr. Heath noted that the proposed guidelines have been well presented to the property owners and they have had ample opportunities to contribute input on the matter. The Planning Commission will consider this information on November 14. Upon motion, duly seconded and vote of 7 AYES and 0 NOES, this item was continued.
REPORT FROM PLANNING COMMISSION-REQUEST TO REZONE 110 BRUNSWICK LANE-ED POE-SET JOINT PUBLIC HEARING: Upon motion of Mr. Warren, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, a Joint Public Hearing to consider the rezoning request was scheduled on November 7, 2005 at 7:00 p.m.
COMPREHENSIVE PLAN-PUBLIC INFORMATION MEETING-SCHEDULE 11/14/05 AT 5:30 PM: This item was continued to November 14, 2005.
COMPREHENSIVE PLAN-PUBLIC HEARING-SCHEDULED 11/21/05 AT 7:00 PM: This item was continued to November 21, 2005 at 7:00 p.m.
REVIEW OF QUOTATIONS ON MAINTENANCE CONTRACT FOR HVAC UNITS: The bid process for a maintenance contract for HVAC units on Town properties has begun. Bids are due on or before November 7.
SURPLUS PROPERTY: The old 1956 Fire Truck is currently stored in a bay at the Town Shop. According to Jack Perry, the truck is taking up valuable space and needs to be removed. Mr. Warren advised that he discussed this matter with the Fire Chief Jim May who informed him that the MVFD would like to have the truck donated to Marion Fire Department, Inc. They would accept the truck and store it at no cost to the Town. Discussion ensued. Some members expressed concern that the truck had not been taken care of when it was in the possession of the Fire Department. Other members suggested that the truck be sold but not if the MVFD wanted it. This item was continued to await results of meeting of the Fire Department personnel and Fire Committee.
AUCTION OF SURPLUS PROPERTY: The Surplus Property Auction has been scheduled on November 9 at Noon. Mr. Hamm asked if any of the items might have a “reserve” placed upon them. Upon motion of Mr. Cregger, seconded by Mr. Leaman and vote of 6 AYES and 1 NOE (Clay) it was determined that with the exception of the grader, it would be an absolute auction. Upon motion of Mr. Heath, seconded by Dr. Gates and vote of 6 AYES and 1 NOE (Clay) Council voted to allow the Equipment Committee to determine the amount of reserve to be placed on the auction of the grader.
DEMOLITION OF FORMER MLSC BUILDING: A pre-bid meeting has been scheduled on October 28th for demolition, removal and site preparation of the former MLSC Building. Bid opening is scheduled on November 4th. An asbestos inspection must be performed prior to demolition. This may delay the start of the project.
SMYTH COUNTY WATER PURCHASE AGREEMENT: Mr. Clark advised that a notice to change the minimum county usage in the Agreement, from 7 million gallons to 4 million gallons, was sent to the Smyth County Administrator’s Office. Mr. Heath stated that the Assistant Administrator has not received this information. Mr. Heath had explained to the Assistant Smyth County Administrator that the Town is anxious to work with the County on this matter.
LEE STREET CREEK CROSSING: Town Council was informed that Sprint and the Gas Company would use one common trench. Mr. Hicks advised that the permit by the Army Corps of Engineers has been revised. However, due to low water, they would like the crossing done now. He added that the Town would obtain three (3) quotes, including solicitation of women and minority-run businesses, per Health Department regulations. The creek crossing projects is estimated to cost $5,000. It is anticipated that the creek crossing costs will be reimbursed by the grant. Upon motion of Mr. Hendrick, seconded by Mr. Clay and vote of 6 AYES and 1 ABSTENTION (Heath), Town Council granted permission to cross the creek, as a part of the Lee Street Project while the water is low.
ACCOUNTS: Upon motion, duly seconded and vote of 7AYES and 0 NOES, Council approved the accounts in the amount of $662,327. Messrs Hendrick, Cregger, Leaman, Heath, Clay, Warren, and Dr. Gates voted affirmatively.
INVESTMENTS: Upon motion of Mr. Clay, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, the Investment Report was approved as presented. There were no funds invested this month. Messrs Hendrick, Cregger, Clay, Heath, Leaman, Warren and Dr. Gates voted affirmatively.
REQUEST FROM MARION BAND BOOSTERS: Jerry Chewning, President of the Marion Band Boosters, requested $1,500 from the Town of Marion to help offset costs for the Mt. Dew Day Festival. The requested funds would pay for trophies, judges, food for concession stand and tee shirts. It was explained to Mr. Chewning that $750 is budgeted for each of the four (4) Marion Schools. Distribution of each school’s share rests with the Principal. Mr. Warren moved that $750 be donated from the Marion Schools line item and $450 from the tourism fund, providing that Mr. Holt (from MSHS) agrees to the use of the School’s allotment for this purpose. Mr. Heath seconded the motion. Council approved the same by a vote of 5 AYES and 2 NOES (Cregger & Hendrick).
PROPOSAL FROM WEBSTER DAY, ESQUIRE, AS BOND COUNSEL ON WATER TREATMENT PLANT UPGRADE PROJECT: F. Webster Day, Esquire, has presented a proposal not to exceed $8,000, for Bond Counsel services for the Water Treatment Plant Upgrade Project. Upon motion of Dr. Gates. seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, Council accepted Mr. Day’s proposal. Messrs Hendrick, Cregger, Leaman, Heath, Clay, Warren and Dr. Gates voted affirmatively.
PROCLAMATION-PREMATURITY AWARENESS MONTH THROUGH THE MARCH OF DIMES:
PROCLAMATION
PREMATURITY AWARENESS MONTH
WHEREAS, premature birth now affects one in eight babies in America, and
WHEREAS, the incidence of this serious problem is rising dramatically, up 29 percent in the last 20 years; and
WHEREAS, it is the leading cause of newborn death and among babies who survive, it can be a cause of serious lifelong health problems; and
WHEREAS, premature birth takes an enormous toll on families and costs society billions, and
WHEREAS, most people are unaware of this common, serious and costly problem; and
WHEREAS, the March of Dimes, who conquered polio, is now bringing citizens together to fight the crisis of premature birth;
THEREFORE, I, David P. Helms declare November 2005 as Prematurity Awareness Month; And I encourage all citizens to support March of Dimes efforts to fund research and programs to find the causes of prematurity.
IN WITNESS THEREOF, I have hereunto set my hand this 17th day of October, 2005.
Upon motion of Mr. Heath, seconded by Mr. Clay, and vote of 7 AYES and 0 NOES, the Proclamation was adopted.
PROPOSED AGREEMENT ON PLACING GATE AT WATER INTAKE STATION: Mr. Clark advised that the bridge at the Water Intake Station is unsafe for heavy truck traffic. He recommended a gate be installed to restrict traffic. Only the Town, Charles Wassum III and Erwin W. Rowland would possess keys to the gate. A proposed agreement was presented representing these parties. Mr. Fenyk suggested that the agreement include Town of Marion employees and Town of Marion officials. Mr. Fenyk further added that the original conveyance of easement included that the Town of Marion maintain the bridge. Upon motion of Dr. Gates, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, this item was continued.
GODSPEED SAIL UPDATE-COUNCILMAN HEATH: Godspeed Sail is a ship to promote tourism that has been created to coincide with the Jamestown 2007 Celebration. A request has been received from Mr. Steve Galyean, Director of Tourism for the Abingdon Convention & Visitors Bureau that localities contribute $2,000 to provide and exhibit tourism opportunities in our region. Commitment of the region is due October 24. The costs include set up, graphic design and transportation of exhibits. The cost does not include any travel. Council members felt that the Town of Marion was not given enough time to provide information or funding. Upon motion of Mr. Heath, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, some type of participation from the Town of Marion will be considered in the 2006-2007 Budget.
2005 LEAF PICK-UP SCHEDULE: The leaf pick-up schedule has been determined and will again use the zone method. Leaves in Zones 1, 2, and 3 will be collected beginning October 17, 2005 thru November 29.
ADVERTISEMENT FOR BIDS FOR GRASSROOTS CONSERVANCY: Advertisement for bids for the construction of an Observation Deck overlooking the Middle Fork of the Holston River will be received and read aloud on November 1, 2005 at 9:00 a.m. The project is funded by a Virginia Department of Forestry Urban and Community Forestry Grant and local sources and sponsored by the Grassroots Conservancy. The observation deck will be located on North Church Street north of the Marshall Guy Bridge crossing the Norfolk Southern Railroad Tracts. Spectrum Design designed the project. A pre-bid showing will be held on October 26 at the parking lot of the proposed observation deck.
CABLE TELEVISION FRANCHISE RENEWAL: Mr. Fenyk informed Town Council that the standard cost for these services range between $12,000 and $15,000. A more contested version of the Franchise Renewal would cost $30,000-$40,000. Upon motion of Mr. Leaman, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, this item was continued until the Cable Committee meets on the matter. Mr. Leaman noted that this is not a budgeted item and legal fees are negotiable with cable companies. He suggested that the Town and County might wish to join on this venture.
SITUATION ON HOUSES BEING DEMOLISHED AT FUTURE GO-MART SITE ON NORTH MAIN STREET: Mr. Heath moved that the Town Manager forward the Council’s concerns on the safety issue discussed that there is no barrier to the property (partially demolished) on the future Go-Mart site.
CAMPBELL AVENUE SEWER LINE: Mr. Jeff Spickard, Lane Engineering, stated that the substantial completion inspection had been conducted and the final punch list items will be completed by early November. The line is in operation. He also included that the change order resulted in a net decrease of several thousand dollars. A formal report will be prepared for November.
BUILDINGS & GROUNDS COMMITTEE-USE OF TOWN PROPERTY LOCATED AT 144 W. MAIN STREET (FORMER MARION POLICE DEPARTMENT BUILDING): Upon motion of Mr. Clay, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, this item was continued.
SONG OF THE MOUNTAINS: The debut of “Song of the Mountains” will be on PBS on Thursday, October 20, 2005.
FILMMAKERS VISIT MARION: Last May, two independent filmmakers visited Marion on a cross-country trip. They visited local businesses, traveling only two lane roads. Their documentary will be presented at the 2006 Sundance Film Festival.
HELPING HANDS GRAND OPENING: The Grand Opening Ribbon Cutting for Helping Hands, located at 131 E. Main Street, will be conducted Thursday, October 27 at 10 am.
SHEFFEY CEMETERY: The Sheffey-Peters Cemetery has been cleared.
DISTRICT III: Mr. Hendrick informed Town Council that the District III Board of Directors are currently reviewing plans to construct a kitchen facility at their Atkins location.
FIRE DEPARTMENT/CAISSON: Marion Fire Department, Inc. has requested that the Town donate the old caisson to their organization. Mr. Warren moved that the caisson be donated to Marion Fire Department, Inc. Mr. Heath seconded the motion. The motion was defeated by a vote of 2 AYES (Heath, Warren) and 5 NOES.
FIRE DEPARTMENT-MEETING WITH FIRE COMMITTEE: Upon motion of Mr. Clay, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, a meeting is to be scheduled with the Marion Volunteer Fire Department to discuss various issues, including distrust by the Fire Department and why, all of the sudden, Marion Fire Department, Inc. wants to “own” vehicles. Currently, the vehicles are owned by the Town of Marion and covered under insurance provided by the Town of Marion.
MOUNT ROGERS IDC: Mount Rogers IDC Open House will be conducted October 20, 2005, from 11:00 am – 2:00 pm., in celebration of their 30th Anniversary and in recognition of National Disability Employment Awareness Month.
FAMILY RESOURCE CENTER: The Family Resource Center conducted a candle-light vigil for victims of domestic violence on the lawn of the Smyth County Court House. The event was well attended and they hope it will become an annual event.
SMYTH COUNTY CHAMBER OF COMMERCE BOOKS: Books containing Smyth County tourism sites will be delivered on October 20.
VML ANNUAL CONFERENCE: Town representatives will attend the Annual VML Conference in Richmond, October 22 thru October 25.
BRIDGE INSPECTION: Upon motion of Mr. Heath, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, 11 bridges in the Town of Marion were approved for Federal Bridge Safety Inspection. These inspections are covered under the Urban Maintenance Funds.
WILLIAMS ROAD WATER TANK: A 3,000 gallon water tank was constructed on Williams Road several years ago. The project serves 9 families and was funded 50% by the Town and 50% by the property owners. Nine families is the maximum that can be served by the Tank. A family intends to purchase five (5) acres of land on Williams Road and have requested to pay 100% of the installation of another 3,000-gallon tank. Upon motion of Mr. Leaman, seconded by Mr. Warren and vote of 7 AYES and 0 NOES, the request was referred to the Water Committee for study and recommendation.
ADJOURNMENT: Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the meeting was adjourned.