PRESENT: Mayor David P. Helms; Eugene Hendrick; Buford Cregger, Herbert Clay, Ken Heath, Mark Warren, Mel Leaman, and Dr. James Gates, Council Members; Assistant Town Manager/Town Engineer Cecil Hicks; Police Chief Michael Roberts; Purchasing Agent B. J. Hamm; Town Clerk/Finance Director 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. Heath, seconded by Mr. Clay, and vote of 7 AYES and 0 NOES, the minutes of the last meeting were approved as written and distributed. Messrs Hendrick, Heath, Warren, Clay, Cregger, Leaman, and Dr. Gates voted affirmatively.
VISITORS: Scott Wilson, Doug Covington, Jeff Spickard, David Roland
SECOND PUBLIC HEARING ON CDBG APPLICATION-MARION DOWNTOWN MASTER DEVELOPMENT PLAN: The purpose of this Public Hearing is to receive public input on the proposed Community Development Block Grant funds applied for through the Virginia Department of Housing a Community Development for the Marion Downtown Master Redevelopment Plan. The Plan will include possible job creation and retention and Business District Revitalization.
The Planning Grant included: A) A Comprehensive Parking Study; B) A Comprehensive Physical Space Improvement Program; C) A Comprehensive Market Analysis; and D) A Comprehensive Directional Signage Program. The Town of Marion intends to apply for $1 million in CDBG funds to implement the findings of the Planning Grant.
A Preliminary Budget was presented as follows: CDBG Funds Property Owners Town of Marion Façade Program $250,000 $150,000 $0 Parking Construction 575,000 0 0 Signage 75,000 0 0 Streetscape* 0 0 $552,000 Marketing 20,000 0 0 Administration 80,000 0 0 TOTALS $1,000,000 $150,000 $552,000 * Includes Lee Street Bridge Project ($152,000), North Iron Street Project, Broad Street ($144,666), and Main Street from Commerce to Pendleton Street ($51,300).
RURAL DEVELOPMENT’S APPROVAL TO BID CAMPBELL AVENUE SEWER PROJECT: Mr. Hicks reported that Rural Development has granted the Town permission to bid the Campbell Avenue Sewer Project. A Pre-bid conference will be conducted on March 3, 2005 and bids must be submitted by 2 PM on March 17, 2005.
EAST CHILHOWIE STREET BRIDGE-UPDATE LOAD ANALYSIS: Mr. Hicks advised that the Town is awaiting a written response from Winky Shinault concerning the confirmation that the cost of the VDOT required load analysis is eligible for 80% reimbursement. The same has been verbally confirmed. Mr. Scott Wilson stated that the four (4) pins that had concerned the engineers are in good shape and will not have to be replaced. The project is renovation of a 120-year-old truss bridge located on East Chilhowie Street.
SALE OF AUTO DECALS BEGINNING MARCH 1, 2005: 2005 Town of Marion Auto and Motorcycle decals may be purchased beginning March 1, 2005. Town of Marion and Smyth County Personal Property Taxes must be paid prior to issuance of a decal. Decals must be purchased and displayed on or before midnight March 3l, 2005.
ACCOUNTS: Upon motion, duly seconded. and vote of 7 AYES and 0 NOES, $1,171,843.82 was approved for payment from the General Fund. Messrs Hendrick, Cregger, Leaman, Heath, Clay, Warren and Dr. Gates voted affirmatively.
INVESTMENTS: Upon motion of Mr.Warren, seconded by Mr. Heath, and vote of 7 AYES and 0 NOES, the Investment Report was approved as presented. Messrs Hendrick, Cregger, Leaman, Heath, Clay, Warren and Dr. Gates voted affirmatively.
APPROVAL OF TOBACCO GRANT RESOLUTION: Upon motion of Mr. Clay, seconded by Mr. Hendrick, and vote of 6 AYES and 1 NOE (Leaman) the following Resolution was adopted:
RESOLUTION AUTHORIZING THE SUBMISSION OF A TOBACCO COMMISSION GRANT APPLICATION FOR THE UPGRADE OF THE WATER TREATMENT PLANT WHEREAS, the upgrade of the Marion Water Treatment Plant is a top economic development priority of the Town of Marion, and; WHEREAS, the Water Treatment Plant serves all the industries on the Town of Marion’s Water System, and: WHEREAS, the Water Treatment Plant’s biggest volume water customer, Smyth County, resells this water to many other industries and businesses in the area, and; WHEREAS, the Plant is in need of a substantial upgrade having been building in 1965 and last reconstructed in 1985, and; WHEREAS, the Town of Marion applied for and received a $1,576,700 construction loan from the Virginia Department of Heath and $100,000 grant and loan from the Mt. Rogers Planning District Commission for engineering services for the reconstruction of the Water Treatment Plant, and; WHEREAS, because the Town could not acquire a spring source, a third sedimentation basin at the Water Treatment Plant will now have to be constructed at a cost of $144,612; NOW, THEREFORE LET IT BE RESOLVED that the Marion Town Council authorizes the submission of an application for grant funding in the amount of $144,612 to the Virginia Tobacco Commission and certified that John E. B. Clark, Jr. will serve as authorizing agent and is responsible for the accuracy of the grant application and for the appropriate use of the grant funds. _____________________________________ __________________________________ Mayor David P. Helms Clerk Dixie O. Sheets
APPROVAL TO BID SOUTH MAIN AND SOUTHVIEW WATER THROUGH FIVE-YEAR PLAN: Mr. Hicks advised that the water line project is included in the Five-Year Plan and the cost is estimated at $124,800. The new line will begin at Hulldale Avenue and proceed to Washington Avenue. Mr. Cregger expressed concern that possible replacement of water or sewer lines be considered prior to resurfacing of streets. Upon motion of Mr. Warren, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, Town Council authorized Mr. Hicks to bid the project.
APPROVAL OF BRIDGE LOAD ANALYSIS ON NORTH CHURCH STREET AND HARWOOD BRIDGE: Mr. Hicks informed Town Council that the Town received bids from two (2) firms to conduct the load analysis on the Harwood and North Church Street Bridges. They were Mattern & Craig at $1,400 and Schwartz & Associates, Inc. at $2,700. Upon motion of Dr. Gates, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, the bid was awarded to Mattern & Craig. Messrs Hendrick, Clay, Heath, Warren, Leaman, Cregger and Dr. Gates voted affirmatively.
RESOLUTION SUPPORTING BLOCK GRANT PROGRAM: Upon motion of Mr. Warren, seconded by Mr. Heath, and vote of 7 AYES and 0 NOES, the following Resolution was adopted:
RESOLUTION IN SUPPORT OF COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM
WHEREAS, the Community Development Block Grant program has served Virginia, Smyth County and the Town of Marion well over the past 25 years, and;
WHEREAS, the Department of Housing and Community Development administers the Block Grant Program and awards needy towns, cities and counties in Virginia grant and entitlement funds based upon population, need and ability to positively impact Virginian’s lives, and:
WHEREAS, tens of thousands of low and moderate income Virginians have had their standard of living dramatically improved through the program, and;
WHEREAS, the program has provided safe drinking water, sanitary sewer, descent housing and services to small businesses that would not have been provided if not for these block grants, and;
WHEREAS, the Town of Marion is currently using these grant funds, along with the Town’s matching funds, to rehabilitate 16 low and moderate income persons houses, tear down four blighted structures, provide a new water line, provide fire protection and pave a street in the Gilman Street/E. Chilhowie Street Community Development Project, and;
WHEREAS, the Town of Marion has used block grant funds in the past to dramatically reshape the downtown area, establish downtown housing, and help revitalize small businesses in downtown, and;
WHEREAS, the Town of Marion is now developing a Phase II Block Grant application for downtown revitalization that will address much needed parking for downtown businesses as one of its goals, and;
WHEREAS, President Bush is proposing cuts that will virtually eliminate the Block Grant Program, and;
WHEREAS, the elimination of this program would negatively and grievously impact the Town of Marion, Smyth County and all of Virginia;
NOW THEREFORE LET IT BE RESOLVED, that the Town of Marion objects in the most vigorous manner the proposed elimination of the Block Grant Program, and requests that Congressman Rick Boucher, Senator John Warner and Senator George Allen do their utmost to oppose President Bush’s cuts that will virtually eliminate the Block Grant Program.
____________________________________ ___________________________________ Mayor David P. Helms Town Clerk Dixie SheetsSUBSTANTIAL COMPLETION OF COUNTRY CLUB ROAD/RIVERVIEW DRIVE SEWER PROJECT AND START OF ONE YEAR HOOK UP PERIOD: Mr. Hicks advised that the Sewer Project is substantially complete. Residents have up to one year to connect to the sewer line. Letters will be mailed to all affected residents. The 5% retainage fee is being held until grass is sewn in the spring and project is completely finished to the Town and homeowners satisfaction.
APPROVAL OF HOMELAND SECURITY AGREEMENTS: A lengthy discussion ensued concerning the Data Access and License Agreement. The section states, “WHEREAS, the County considered the automated database information and application systems to be intellectual property owned by the County and access to those systems in computerized format, and to digitized database applications of those systems is not required to be provided or available under the Virginia Freedom of Information Act (FOIA).” Several Council members, including Mr. Clay, took exception to the fact that this data is public information and available at the Smyth County Court House. Mr. Clay stated, that in his opinion, GIS Information is public record and goes against FOIA. Mr. Fenyk advised that Code of Virginia, Section 2.2-3705.2, supports the exemption cited by the County Attorney. The Attorney General has recommended that the information not be posted on the website. Chief Roberts stated that the 911 databases contain unlisted telephone numbers and other information that is not available for public use. Upon motion of Mr. Heath, seconded by Mr. Hendrick and vote of 6 AYES and 1 NOE (Clay), the Homeland Security Agreements were adopted as presented. FINANCE COMMITTEE-REQUEST FROM SHERWOOD ANDERSON FESTIVAL: The Sherwood Anderson Festival Committee had presented a request for funds based upon a budget of $11,000. The Friends of Smyth-Bland Regional Library have committed 4,300 to the event. The Finance Committee recommended that the Town contribute $2,500. Upon motion of Dr. Gates, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, the request will be included in the FY 2005-1006 Annual Budget. Messrs Hendrick, Clay, Leaman, Cregger, Heath, Warren and Dr. Gates voted affirmatively.
FINANCE COMMITTEE-REQUEST FROM SMYTH CAREER & TECHNOLOGY CENTER: Upon motion of Dr. Gates, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, $150 was approved for the Smyth Career & Technology Center. The Center was recently awarded a NASA grant for high tech equipment. The equipment will allow students to compete in international robotic competitions. Messrs Hendrick, Heath, Clay, Leaman, Cregger, Warren and Dr. Gates voted affirmatively.
FINANCE COMMITTEE: Dr. Gates reported that during the next budget cycle, the Town would allot a certain amount of retained earnings to a special account. The account will enable the Town to pay accounts for large projects and reimburse the account when grant funding is received. Cash flow problems have arisen in the past when reimbursement funds are delayed and the Town must pay the account from the General Fund. Dr. Gates further stated that contractors should be informed that they must send statements to the Town in a timely fashion.
AUDIT: Mr. Leaman reported that the Finance Committee met with Mr. Clark, Mrs. Clark, Ms. Sheets and Patricia Belcher of Albano & Associates to discuss the 2003-2004 Audited Financial Statements. The report on the audit was very good. Mrs. Belcher had explained GASB 34 and required changes in the audit process. Town Council requested that Mrs. Belcher compile a comparison of the Town and other localities regarding debt ratio.
POSSIBLE REFINANCING OF FIRE STATION: Dr. Gates reported that information is being gathered concerning the possible refinancing of the Fire Station, plus purchase of a garbage truck and resurfacing of liner at the Town pool.
STREET COMMITTEE ON POTENTIAL NORTH MAIN STREET DEVELOPMENT: Mr. Hicks reported the owners of Go Mart, a gas/convenience store, plans to locate on North Main Street across from Campbell Avenue and have presented a preliminary site plan. The Town approved the site plan contingent upon the developers coordinating the installation of a traffic signal and development of a “stacking”, left turn, lane near Happy’s with VDOT. Cost of the traffic signal and turn lane would be the responsibility of the developers. Upon motion, duly seconded and vote of 7 AYES and 0 NOES, this item was continued.
WATER METERS – NEW TECHNOLOGY: Mr. Heath informed Town Council that the Town should be aware that new technology has been and continues to be developed with regard to automated reading of water meters.
TRAILERS: Mr. Hicks was asked to continue to monitor trailers parked within the corporate limits and that are in violation of the Town’s Ordinance.
POLICE DEPARTMENT: Chief Michael Roberts advised Town Council that Lt. John Testerman will be retiring on March 1, 2005. He requested to host a reception at the Senior Citizen Center at Noon, 2/28/05. Upon motion of Mr. Heath, seconded by Mr. Warren and vote of 7 AYES and 0 NOES, the request was granted.
Chief Roberts also submitted a schedule to promote and hire individuals due to the retirement of Lt. Testerman.
CLOSED SESSION-PURSUANT TO CODE OF VIRGINIA, AS AMENDED SECTION 2.2-3711 (A3) and upon motion of Mr. Hendrick seconded by Mr. Heath, and vote of 7 AYES and 0 NOES, Town Council entered into Closed Session to discuss potential Acquisition of Real Property. Mr. Hendrick moved that Town Council return to Open Session and that it be known that only those matters identified in the motion and legally exempted from Open Session were discussed during the Closed Session. Mr. Heath seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES. Messrs Clay, Hendrick, Leaman, Warren, Heath, Cregger and Dr. Gates voted affirmatively.
SCOTT PROPERTY: Dr. Gates moved that the Town Engineer, Town Manager, and a representative from Thompson & Litton continue to negotiate with the Scotts in relation to acquisition of real property. The Scotts have requested additional information on the plans for the property. This information will be provided to them again and a deadline of 3/4/05 set for their response to the Town’s initial proposal. Mr. Leaman seconded the motion. Town Council approved the same unanimously. Messrs Hendrick, Clay, Heath, Warren, Cregger, Leaman and Dr. Gates voted affirmatively.
ADJOURNMENT: Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the meeting was adjourned.