COUNCIL MEETING MINUTES
Minutes of a regular meeting of the Town Council of the Town of Marion, Virginia held in the Council Chambers of the Municipal Building on December 19, 2005 at 7:00 p.m.

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.; Town Engineer Cecil Hicks; Police Sgt. Charles Bishop; Purchasing Agent B. J. Hamm; Public Works Director Jack Perry and Town Clerk/Director of Finance Dixie Sheets.

INVOCATION/PLEDGE TO THE FLAG: Mr. Warren rendered the invocation. Boy Scout Zeb Rhodes led the Pledge to the Flag.

MINUTES: Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the minutes of the meeting held 12/5/05 were approved as written and distributed. Messrs Hendrick, Heath, Cregger, Leaman, Warren, Clay, and Dr. Gates voted affirmatively.

VISITORS: Kyle Rhodes, Zeb Rhodes, Sara Kegley, Dan Kegley, Jeff Spickard, Walter Barrett

SPECIAL RECOGNITION-WALTER BARRETT UPON RECEIVING HIS DIPLOMA FROM NORTHWOOD HIGH SCHOOL: Mr. Clark stated that Walter Barrett is a valued Town employee located in the Public Works Department. Mr. Barrett is Assistant Chief of the Nebo Fire Department and active in his community. In March 2005 a position of Public Works Operator II became available. The job requirements included a High School diploma or GED. While Mr. Barrett did not possess either of these, he applied for the job, was interviewed and was granted the position, contingent upon receiving his diploma. Mr. Barrett received a Northwood High School Diploma on December 7, 2005. He plans to begin taking college courses after the first of the year. Marion Town Council, Mr. Clark and Mr. Barrett’s co-workers commend him for his commitment in receiving his High School Diploma and continued good work for the Town of Marion.

ADOPTION OF PERSONAL PROPERTY TAX RELIEF ACT: Town Attorney Mark Fenyk stated that the Towns of Saltville and Chilhowie and Smyth County adopted the proposed PPTRA Ordinance. Mr. Fenyk noted that he questioned the formula stated in the agreement. §70-7 (d), under Allocation of Relief among Taxpayers, stated that the “preceding year’s PPTRA tax assessment be divided by the Personal Property Tax Relief Act funds provided by the Commonwealth to the Town of Marion in the current tax year”. Mr. Fenyk contended that the tax relief should read “preceding year’s PPTRA tax assessment be divided into the Personal Property Tax Relief Act funds provided by the Commonwealth to the Town of Marion in the current tax year”. A lengthy discussion ensued. Mr. Hendrick moved that the PPTRA Ordinance be adopted with the change in §70-7 (d) with regard to the formula to compute the same. Mr. Heath seconded the motion. Council approved the Ordinance by a vote of 6 AYES and 1 NOE (Leaman).

REQUEST FOR PROPOSALS-FORMER HAPPY’S RESTAURANT: An advertisement seeking proposals from interested entrepreneurs/restaurateurs to operate a restaurant in the former Happy’s Restaurant building located at 437 North Main Street will appear in the Smyth County News & Messenger, Bristol Herald Courier, Washington County News; and Saltville Progress. Proposals and Business Plans are due on or before January 31, 2006.

PROPOSED AGREEMENT WITH MARION VOLUNTEER FIRE DEPARTMENT WITH REGARD TO ANTIQUE VEHICLES: Mr. Warren moved that the Agreement with the Marion Volunteer Fire Department (MVFD) with regard to restoration of the Caisson Hand Pump and the 1956 Pumper Fire Truck be adopted and forwarded to Fire Chief Jim May for approval by the MVFD. Mr. Clay seconded the motion. Council approved the same by a vote of 4 AYES, 2 NOES (Leaman, Clay) and 1 ABSTENTION (Heath).

FINAL PAY REQUEST TO SMYTH COUNTY ON CAMPBELL AVENUE SEWER PROJECT: Mr. Clark advised that Smyth County has been billed $25,060 for the remainder of funds allocated for the Campbell Avenue Sewer Project. This covers the 3rd and 4th ( final) requests for the Project. Mr. Clark stated that the Town appreciates the financial assistance of Smyth County on this project.

NOTICE OF AWARD ON LEE STREET WATER LINE: Teaters Trucking Inc. was the apparent low bidder for the Lee Street Water Line Replacement Project at $59,500. Upon motion, duly seconded and vote of 7 AYES and 0 NOES, Teaters Trucking, Inc. was awarded the bid for the Lee Street Water Line Project. Messrs Hendrick, Cregger, Leaman, Clay, Warren, Heath, and Dr. Gates voted affirmatively. The Notice to Proceed will be issued upon receipt of the bond for Teaters Trucking, Inc.

REZONING REQUEST FROM DR. K GANDHI ON FORMER PEPSI BUILDING-NORTH MAIN STREET FROM INDUSTRIAL TO COMMERCIAL: This item was referred to the Planning Commission meeting on January 9, 2006.

PUBLIC HEARING-DECLARATION OF SURPLUS PROPERTY-The following Town owned properties would be considered for declaration of surplus property: 1) Water Tank at Department of Corrections; 2) Parcel of Property on Chilhowie Street. These items are set for Public Hearing on 1/5/06 at 7:00 p.m.

ACCOUNTS: Upon motion of Mr. Warren, seconded by Mr. Clay, and vote of 7 AYES and 0 NOES, the Accounts were approved for payment in the amount of $701,833.07. Messrs Hendrick, Clay, Cregger, Heath, Warren, Cregger, Leaman 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 written and distributed. Messrs Hendrick, Clay, Cregger, Heath, Warren, Cregger, Leaman, and Dr. Gates voted affirmatively.

ADOPTION OF ENTERPRISE ZONE: Upon motion of Mr. Heath, seconded by Dr. Gates, and vote of 6 AYES and 1 ABSTENTION (Heath), the following Resolution was adopted:

RESOLUTION
ENTERPRISE ZONE AMENDMENT

WHEREAS, Smyth County is a partner with Glade Spring, Chilhowie, and Washington County on a joint Virginia Enterprise Zone, a program established to provide economic incentives to businesses who locate in the zone and which is administered by the Virginia Department of Housing and Community Development; and

WHEREAS, the Virginia Department of Housing and Community Development allows localities to request zone amendments following specific guidelines, and now allows for Smyth County to add acreage to its zone from the adjacent incorporated area of Marion; and

WHEREAS, the Smyth County Board of Supervisors has approved the submittal of an application for a boundary amendment to the zone in order to add portions within the Town of Marion (and additional unincorporated areas in eastern Smyth County) that were not originally included in the zone; and

WHEREAS, the board of Supervisors of Smyth County has held a public hearing on December 13, 2005 on the proposed amendment application; and

WHEREAS, the area amended to the zone would be subject to the same local incentives that the County has already adopted for the existing zone.

THEREFORE BE IT RESOLVED that the Town Council of Marion supports the Smyth County application for a zone amendment to include the area as proposed on the attached map; and commits to offering the proposed town incentives as shown on the attached page.

Signed:_______________________________ Adopted 12/19/2005 David P. Helms, Mayor

It was noted that the Smyth County Board of Supervisors have endorsed the Town to join the Enterprise Zone.

EAST CHILHOWIE STREET BRIDGE-NOTICE OF TOWN WINNING AN ACHIEVEMENT AWARD THRU THOMPSON AND LITTON: The Town has been advised by Scott Wilson of Thompson and Litton that the East Chilhowie Street Bridge Project has won the Honor Award in the Innovative Projects Category for the ACEC Engineering Excellence Competition. The awards presentation will be held on the evening of February 2, 2006 at the Richmond Marriott.

PUBLIC WORKS: Mr. Clay commended the Public Works staff for their work during the recent ice storm. Job well done. Town Council members echoed his commendation.

MACADO’S OPEN: Dr. Gates thanked Mr. Heath for his perseverance in bringing Macado’s to Downtown Marion. The business opened December 13th.

INSURANCE SEMINAR: Mr. Heath and John Saunders (Slemp, Brant, Saunders) attended an insurance seminar concerning a new pool of municipalities that the Town may wish to consider regarding the Liability and Casualty Insurance coverage for the Town. More information as it becomes available.

WELCOME TO DAN KEGLEY: Council welcomed Dan Kegley back to the Marion office of the Smyth County News and Messenger. Mrs. Sara Kegley, Customer Service Representative for the Messenger, accompanied him.

O.K. CONCRETE: Mayor Helms expressed his appreciation of Marion business, O.K. Concrete for assisting the TV show, Extreme Home Makeover, in Roanoke recently. The business was called upon on short notice and delivered the work that needed to be done.

INDEPENDENT AMERICA: Marion has been selected by Independent America as one of the top five (5) small towns to live in. The independent movie group visited Marion in Summer 2005 and used video shot here in their completed project. Mr. Heath will share the movie upon receiving a copy from Independent America.

GENERAL FRANCIS MARION HOTEL: The owners of the General Francis Marion Hotel have requested two (2) drop off spaces in front of their business. The annual cost for these spaces is $120 each. Upon motion of Mr. Heath, seconded by Mr. Warren and vote of 6 AYES and 1 ABSTENTION (Heath), the request was approved. Messrs Hendrick, Cregger, Leaman, Clay, Warren and Dr. Gates voted affirmatively.

FINANCIAL STATEMENTS 2004-2005: Financial Statements for FY 2004-2005 have been completed and distributed.

MINDY DYER COMMENDED: A letter was received from Robert A. Vinyard, President of the Smyth County Bar Association, commending Mindy Dyer, Director of the W. W. Scott Senior Citizen Center, for assistance in planning and accommodations for the quarterly bar meeting. Mr. Leaman also commended Mindy for her assistance to many, many senior citizens to determine the best prescription plan under the recently approved Medicare program.

LEGISLATIVE DAY-VML: February 9, 2006 is the date for the Annual VML Legislative Day to be held in Richmond. Mayor Helms asked that anyone planning to attend contact the Town Clerk so that appropriate registrations and reservations may be secured.

TOWN STAFF COMMENDED: Mayor Helms extended his appreciation to the entire Town Staff for their work this past year.

ADELPHIA BANKRUPTCY: Mr. Fenyk advised that Time Warner intends to retain the Town and County customers once served by Adelphia Cable.

Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the meeting was adjourned.



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