PRESENT: Mayor David P. Helms; Eugene Hendrick, Herbert Clay, Mel Leaman, Mark Warren, Ken Heath and Dr. James Gates, Council Members; Assistant Town Manager/Town Engineer Cecil Hicks; Police Chief Michael Roberts; 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 6 AYES and 0 NOES, the minutes of the meeting held 11/21/05 were approved as written and distributed. Messrs Hendrick, Clay, Warren, Heath, Leaman, and Dr. Gates voted affirmatively.
VISITORS: Jeff Spickard, Sheila Powell, and Lee Campbell
PUBLIC HEARING-PERSONAL PROPERTY TAX RELIEF ACT: Mayor Helms opened the public hearing. No one was present to comment. Dr. Gates stated that the Town plans to follow the lead of Smyth County as the Commissioner of Revenue performs all assessments for the Town. Mr. Fenyk presented the Town Council with a copy of the Ordinance based upon the tax years commencing in 2006. The amount to be remitted to the Town will be based upon the 2005 value of vehicles and percent related to the Town. In the event that taxes are paid delinquent, the taxpayer share will go forward to the next year with penalty and interest. Changes in the Ordinance are reflected in Sections 70-5 thru Sections 70-8. Each year after the assessment is determined, the Town must adjust its rate according to the 2005 reimbursed amounts. As Smyth County may not have adopted the Ordinance yet, Dr. Gates moved that this item be deferred to the next meeting on December 19. Mr. Heath seconded the motion. Council approved the motion by a vote of 6 AYES and 0 NOES.
APPROVAL OF PAY REQUEST # 4 FOR CAMPBELL AVENUE SEWER PROJECT: Request # 4 (Final) for the Campbell Avenue Sewer Project was presented for payment in the amount of $38,804.71. Jeff Spickard, Lane Engineering, reported that the project is complete and has been reviewed. He added that a review would be performed for warranty issues in one year. Upon motion of Mr. Clay, seconded by Mr. Leaman, and vote of 6 AYES and 0 NOES, Town Council approved the request for the final payment to be remitted to Teaters Trucking, Inc. Messrs Hendrick, Clay, Heath, Leaman, Warren, and Dr. Gates voted affirmatively. Mayor Helms thanked Jeff Spickard of Lane Engineering for a well-coordinated project and his personal attention to keeping Town Council apprised of the progress of the project.
SITUATION ON WATER TANK AT DEPARTMENT OF CORRECTIONS: Mr. Hicks stated that the Town ceased operation of the tank in August 2004. The tank was drained in October 2004. The contract stated that if operation of the tank ceases, the tank would revert to the Town. The Assistant Attorney General wants the Town to deed the property back to the State. Dr. Gates moved that the Town Council set a public hearing on January 5, 2006 at 7:00 p.m. to consider declaration of the tank as surplus property and that the Town is obligated to deed the property back to the Commonwealth. Mr. Leaman seconded the motion. Council approved the same by vote of 6 AYES and 0 NOES.
PROPOSED AGREEMENT FOR GATE NEAR WATER TREATMENT PLANT INTAKE STATION: Upon motion, duly seconded, and vote of 6 AYES and 0 NOES, this item was continued pending information from the Wassum’s attorney, Mr. Graham.
PROPOSED AGREEMENT WITH MARION VOLUNTEER FIRE DEPARTMENT IN REGARD TO ANTIQUE VEHICLES (CAISSON): Upon motion of Mr. Warren, seconded by Mr. Heath and vote of 6 AYES and 0 NOES, this item was continued.
REQUEST FROM LINCOLN THEATRE ON REAL ESTATE ABATEMENT-BILL HUBER AND DAVENA SEXTON: Upon motion of Mr. Leaman, seconded by Mr. Heath and vote of 6 AYES and 0 NOES, this item was dropped from the agenda.
REZONING REQUEST FROM DR. GANDHI ON OLD PEPSI BUILDING-NORTH MAIN STREET FROM INDUSTRIAL TO COMMERCIAL: Upon motion of Mr. Heath, seconded by Dr. Gates and vote of 6 AYES and 0 NOES, this item was referred to the Planning Commission for study and recommendation.
BUILDING & GROUNDS-OLD HAPPY’S BUILDING, 437 NORTH MAIN STREET: Jerry and Judy Hounshell operated Happy’s Restaurant from 1996 to 2001, at which time, with Council’s approval sub-let the business to Penny Blevins for the remaining five (5) years of the lease. The lease expires July 2006. Ms. Blevins vacated the premises in September 2005. The Hounshell’s requested that the Town release them from the remainder of their contractual obligation. They further stated, by letter, that their asking price for their furniture, fixtures and equipment is $10,000. The Building and Grounds Committee recommended and Mr. Warren moved that the Town grant the Hounshell’s request to release them from their lease for the Happy’s Building, effective December 31, 2005 and give them time to remove their equipment, at Council’s discretion, as the Town is not interested in purchase of the same. Also, the Town will advertise for Requests for Proposal on rental of the property. Mr. Clay seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES. Mr. Fenyk will prepare a written release, which will include a reasonable amount of time to remove non-real estate equipment. Mr. Heath will coordinate the receipt of the RFP’s.
WATER COMMITTEE-PROPOSED COUNTY WHOLESALE AGREEMENTS: The Town and Smyth County have engaged in contract negotiations for the sell of water to Smyth County. Mr. Clark has provided Smyth County with the Town’s response to the County proposal. There has been no response from Smyth County as of December 5, 2005.
COUNTY WATER FOR RESIDENTS OF EAST HUNGRY MOTHER DRIVE: Dr. Gates requested that Town staff respond to a letter received from Jackey and Betty Hall to explain to them the contract and the concessions made by the Town at the request of Smyth County. In the letter, the Hall’s state that the Smyth County Board of Supervisors has informed them that the Town is holding up the project to provide clean water to the area by wanting unreasonable provisions in the Water Contract. Mr. Hicks was directed to contact the Hall’s by letter.
VDOT TRANSPORTATION HEARING: Mr. Hendrick reported on the December 1 Transportation Hearing held in Bristol. He noted that the majority of the discussion centered upon rail service and improvements to Interstate 81. Governor Elect Tim Kaine was present and plans to address transportation problems early in his term.
RESERVE UNIT 463RD ENGINEERS RETURN HOME: Vice-Mayor Eugene Hendrick stated that he was honored to welcome the Reserve Unit back to Marion on December 2nd after serving a year in Iraq. He and Mr. Heath coordinated the event. The event was well attended by family, friends and the community in general.
Mayor Helms was in New York City on December 1 and along with Al Roker welcomed the 463rd home from Iraq.
HOUSING MARKET STUDY: Mr. Heath reported that the Town has received one proposal for the Housing Market Study and the Adhoc Committee will review proposal and make report to Town Council.
GENERAL STORE RIBBON CUTTING: The ribbon cutting for the newest business on Main Street will be held on Saturday, December 10th. The business has a charming country store atmosphere and has become a music venue as well.
CHRISTMAS CONCERT AT THE LINCOLN THEATRE: A Christmas Concert will be conducted at 3 p.m. on December 10th at the Lincoln Theatre. Local talent will perform songs of the season.
CHRISTMAS TREE LIGHTING: The Town Christmas Tree Lighting ceremony on the Court House lawn will be held at 5 p.m. on December 10th.
TOUR OF HOMES: The Tour of Homes will be conducted December 10th.
DOWNTOWN OPEN HOUSE: The Downtown businesses will remain open extra hours on December 10th and 17th.
MACADOS OPENING: Macados will open for business on December 12th. They have requested one parking space be assigned for drop off and pick up for their customers. Upon motion of Mr. Clay, seconded by Dr. Gates, and vote of 5 AYES and 1 ABSTENTION (Heath) the request for a parking space at an annual cost of $120 was approved.
GILMAN STREET PROJECT: Mr. Fenyk informed Town Council that the Buck family has relocated. Habitat for Humanity has requested that the Town convey the property to them to protect their investment. Mr. Leaman moved that the Town set a public hearing on January 5, 2006 to consider declaration of this property as surplus and conveying the property to Habitat for Humanity. Dr. Gates seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES.
It was noted that Project Crossroads and Habitat for Humanity are not religiously affiliated organizations.
BIKING TRAIL FUNDS: Town Council was informed that VDOT has acknowledged a “short payment” of approximately $20,000 to be reimbursed to the Town for the Biking Trail. These funds will be transmitted to the Town immediately.
ANNUAL CHRISTMAS LUNCHEON: The annual Christmas Luncheon for Town Employees, Council Members and Retirees will be held at the Marion Life Saving Crew Building on Friday, December 16.
LEE STREET: Mr. Hicks informed Council that Ken Construction has begun work on the storm drain system on Lee Street. This will require closing of a portion of the street, as necessary.
TRAFFIC SIGNAL AT MAIN AND CHURCH STREETS: Mr. Hicks reported that the contractor has worked on this light, as has Jerry Breen. The contractor will return to reset the traffic indicator and determine the problem.
VDOT – REVENUE SHARING PROGRAM: Ms. Sherry Eagle and Ms. Sharon McGhee visited Mr. Hicks and informed him that three of the five projects submitted to VDOT under the Revenue Sharing Program have been approved. The projects are replacement of the bridge on Baughman Avenue, extensive paving projects, and upgrade of streetlights. The Revenue Sharing Project provides $1 for $1 (50% match) on certain types of projects.
The Baughman Avenue Bridge project will cost approximately $350,000. VDOT will participate in the project 50% and would require that all engineering plans be approved thru VDOT and an inspector on site at all times.
GO-MART PROPERTY: Mr. Clark had sent a letter to the owners of the Go-Mart Property (formerly Atkins property) located on North Main Street, stating the Town’s concern’s about the condition of the property as a eye-sore and most importantly a safety issue. The company responded that they were working on resolution of the problem but nothing has been done as of this date.
Upon motion, duly seconded and vote of 6 AYES and 0 NOES, the meeting was adjourned.