PRESENT: Mayor David P. Helms; Eugene Hendrick, Buford Cregger, Herbert Clay, Ken Heath, Mark Warren, Mel Leaman and Dr. James Gates, Council Members; Town Manager John E. B. Clark, Jr.; Assistant Town Manger/Town Engineer Cecil Hicks; Police Chief Michael Roberts; Purchasing Agent B. J. Hamm; Recreation Director Sam Wagner and Town Clerk/Director of Finance 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. Clay, seconded by Mr. Heath, and vote of 7 AYES and 0 NOES, the minutes were approved as written and distributed. Messrs Heath, Warren, Clay, Cregger, Leaman, Hendrick, and Dr. Gates voted affirmatively.
VISITORS: Terri Kinder, Jeff Spickard, Brian Reed
ACCEPTANCE OF LOW BID ON CAMPBELL AVENUE SEWER PROJECT: Mr. Clark advised that three (3) bids were received on the Campbell Avenue Sewer Project. The apparent low bidder was Teaters Trucking of Chilhowie in the amount of $297,483.30. Upon discovery of a mathematical error, the bid amount was adjusted to $305,883. Jeff Spickard of Lane Engineering reported that after review of the bid tabulations and bond documents the engineering firm recommended that Teaters Trucking be awarded the bid for the project. The bid is within the budget. Lane Engineering will provide inspection of the project. Upon motion of Mr. Heath, seconded by Mr. Clay, and vote of 7 AYES and 0 NOES, the contract was awarded to Teaters Trucking. Messrs Cregger, Hendrick, Leaman, Heath, Warren, Clay, and Dr. Gates voted affirmatively.
RESOLUTION AUTHORIZING APPLICATION OF REFINANCING FIRE HALL AND SEVEN YEAR LOAN ON GARBAGE TRUCK: Ms. Sheets reported that Virginia Resource Authority loan application has been completed and is being reviewed by prospective bond counsel. Refinancing of the Fire Station Loan (including purchase of the garbage truck) would produce a savings of approximately $100,000 over 19 years. She added that application submission does not obligate the Town to re-finance. Upon motion of Dr. Gates, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, Council granted permission to apply for the VRA loan. Messrs Hendrick, Cregger, Leaman, Heath, Clay, Warren and Dr. Gates voted affirmatively.
RESOLUTION AUTHORIZING THE TOWN OF MARION, VIRGINIA TO MAKE APPLICATION FOR FINANCING TO THE VIRGINIA RESOURCES AUTHORITY
WHEREAS, the Town Council of Marion, Virginia (the “Town”) has determined it to be advisable to undertake certain capital improvements to its Fire Department and Sanitation facilities (the “Project”) in an amount now estimated to be $1,050,000; and
WHEREAS, the Town Council has determined to pursue the financing of the Project with the Virginia Resource Authority;
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNIL OF MARION, VIRGINIA, AS FOLLOWS:
1. The Town Manager and Mayor, either of whom may act, are hereby
authorized and directed to make application to VRA for the re-financing
of the Project. The terms of the financing shall be subject to further approval by the Town Council at a subsequent meeting.
2. This resolution shall take effect immediately.
The undersigned Mayor of the Town of Marion, Virginia, certified that the foregoing constitutes a true and correct extract from the minutes of a regular meeting of the Town of Marion, Virginia, held on March 21, 2005, and of the who thereof so far as applicable to the matters referred to in such extract and such resolution was adopted by a majority of the member of the Town Council present at such meeting.
WITNESS, signature and seal of the Town of Marion, Virginia this 21st day of March 2005.
_______________________________
David P. Helms, Mayor
Attest:
_________________________________
Dixie O. Sheets, Town Clerk
INSTALLATION OF COUNTY SEWER METER TO MONITOR FLOW FROM ATKINS AREA: Mr. Hicks informed Council that the sewer meter is being installed in the sewer line near the old Lemmon Transport Building this week by Teaters Trucking. The meter should be operational by March 26.
REPORT ON MEETING WITH REGIONAL JAIL SUPERINTENDENT LEE NOBLE-CHIEF ROBERTS: Regional Jail Superintendent Lee Noble met with the Marion Police Department on March 15, 2005. According to Chief Roberts, Mr. Noble spoke on a variety of issues involving the new jail. He stated that transportation officers would arrive within 30 minutes upon being called for a prisoner. However, the Police Department would be welcome to transport their prisoners to the Jail in a Town vehicle. With regard to the trustee work program, in which the Town of Marion participates, Mr. Noble stated that they would like to continue the program. Trustees would be segregated away from the other prisoners at the jail. The prisoners would have to be transported to and from the localities. This would be at the expense of the Town.
ACCOUNTS: Mr. Clay moved that the accounts be paid in the amount of $663,696.69. Mr. Leaman seconded the motion. Council approved the same unanimously. Messrs Hendrick, Cregger, Clay, Heath, Warren, Leaman and Dr. Gates voted affirmatively.
INVESTMENTS: Upon motion of Mr. Clay, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, the Investment Report was accepted as presented. Messrs Hendrick, Cregger, Clay, Heath, Warren, Leaman and Dr. Gates voted affirmatively.
REPORT FROM MS. TERRI KINDER ON RELAY FOR LIFE: Terri Kinder, a cancer survivor, invited Council to participate and/or support the Relay for Life events to be held on June 17 and 18 at MSHS track. Monies collected fund research, prevention, rehabilitation and ‘Road to Recovery’. Additional information may be viewed on the American Cancer Society website.
NOTICE OF QUARTERLY MEETING HOSTED BY TOWN OF CHILHOWIE ON APRIL 5, 2005: The Towns/County Quarterly Meeting has been scheduled to be held on April 5 at 6 p.m. at the Town House Grill in Chilhowie.
REQUEST FROM HABITAT FOR HUMANITY TO ACQUIRE LOT A OF THE OLD BLEVINS AND OVERBEY PROPERTY- TOWN MANAGER/BRIAN REED OF MT. ROGERS PDC/ BILL BALDWIN, DAN SURFACE OF HABITAT FOR HUMANITY: Mr. Clark requested that Town Council consider transferring the deed to Lot A of the former Blevins and Overbey property located on Chilhowie Street to Habitat for Humanity. He noted that the site is where the old store and out building was situated. The dilapidated buildings were demolished as a part of the Gilman/Chilhowie Street Project. Habitat for Humanity can only construct one house per year and are ready to begin. Lot “B” is currently occupied. The residents of the house on lot “B” will move to a new house to be constructed on lot “C”.
Brian Reed informed Council that six (6) of the ten (10) houses on the Gilman Street Project have been completed. He stated that two (2) more contracts would be approved soon. Three (3) structures have been demolished. He noted that the new water line and drainage system has been installed.
Mr. Clark stated that the foundation on lot “A” should be removed. It was noted that Habitat from Humanity could build around the foundation. However, it would be better to remove the former foundation. Mr. Hicks estimated $1,000 to remove the foundation. Mr. Clark will contact Public Works Director Jack Perry concerning this matter. Mr. Cregger moved that the foundation be removed prior to Habitat for Humanity beginning construction. Mr. Heath seconded the motion. Council approved the same unanimously.
Mr. Warren moved that Lot “A” be transferred to Habitat for Humanity. Dr. Gates seconded the motion. Council approved the same unanimously. Messrs Hendrick, Heath, Leaman, Warren, Clay, Cregger, and Dr. Gates voted unanimously.
REVIEW OF LEASE AGREEMENT AT ADWOLFE SOFTBALL FIELD: Recreation Director Sam Wagner informed Council that the Lease Agreement between Helen Richardson and the Town of Marion has expired. The property has been leased for approximately 30 years and is used by the Town as an adult league softball field. Mr. Wagner noted that the lease rate has not changed. The lease renewal would be for a period of five (5) years. Upon motion of Dr. Gates, seconded by Mr. Warren and vote of 7 AYES and 0 NOES, the lease was renewed. Messrs Cregger, Leaman, Heath, Clay, Hendrick, Warren, and Dr. Gates voted affirmatively.
APPROVAL OF RESOLUTION ON LEE STREET WATER LINE FOR SUBMITTING APPLICATION THROUGH HEALTH DEPARTMENT: Upon motion of Mr. Heath, seconded by Mr. Warren and vote of 7 AYES and 0 NOES, the following Resolution was adopted:
RESOLUTION
WHEREAS, the Town of Marion has applied for funding for various water projects in the Town;
WHEREAS, the Virginia Department of Health-Division of Drinking Water has funded several water projects;
THEREFORE BE IT RESOLVED, the Town of Marion Town Council hereby votes to seek funding from the Division for the following project;
LEE STREET WATER SYSTEM IMPROVEMENTS $49,000
THEREFORE BE IT RESOLVED, that the Town Manager immediately begin the process funding applications for the project and be authorized to sign any and all documents to accept such funding contingent upon review and concurrence by the Town Attorney.
This 21st day of March 2005.
_______________________________
David P. Helms, Mayor
______________________
Dixie O. Sheets, Clerk
Mr. Clark thanked Jeff Spickard for preparing the application.
REPORT FROM STREET COMMITTEE ON LEE STREET PARCELS: Mr. Hicks reported that plats of the nine (9) parcels have been received by the Engineer’s Office and will be reviewed by the Street Committee. The Town staff will be working with these individuals with regard to right-of-way acquition and utility easements. These will be necessary to widen the road and install proposed sidewalk. Those contacted have been amiable to the request. Discussion ensued concerning the Lee Street Bridge and Lee Street Upgrade. The discussion involved whether the bridge portion of the project will be bid separately from the widening of the street and installation of sidewalk along Lee Street. It was suggested that the projects be bid together, but, for budgeting purposes, the construction take place in two separate fiscal years. Mr. Clark noted that the bridge must be bid by May 1. These easements will be secured first. If all easements are secured, the projects could be bid as one. Mr. Fenyk is working on the easements and they will be ready this week. Dr. Gates noted that $100,000 of Highway Maintenance Funds would be used on the bridge project. Mr. Clay moved that the matter be tabled until easement for the Lee Street Project can be secured. Mr. Leaman seconded the motion. Council approved the motion unanimously.
REPORT FROM BUILDING AND GROUNDS COMMITTEE ON WATER TREATMENT PLANT FARM LEASE AND RIVERBEND/DOWNTOWN LANDSCAPING: Mr. Clark reported that Bill Wygal has leased approximately 42 acres of farmland adjacent to the Water Treatment Plant. Mr. Wygal is now deceased. Mr. Clark requested permission to advertise the land, by tract, available for a three (3) year lease. Dr. Gates suggested that the advertisement include that the lessee will be responsible for the cost of water. It was determined that the water for the site is metered. Mr. Cregger moved that the advertisement for bids on the lease of approximately 42 acres of land be published and that it include that the lessee be responsible for water usage. Mr. Warren seconded the motion. Council approved the same unanimously.
Mr. Clark reported that specifications for the Riverbend/Downtown landscaping have been completed and three (3) local firms invited to bid. Bids are due on or before 4/1/05.
Mr. Cregger expressed concern that no further action has been taken concerning the former Marion Life Saving Crew building. He stated that the building should be remodeled or demolished. Bids were received to perform work on the building during the 2003-2004 fiscal year. Bids that were received contained an array of suggested repairs. The building is used for storage and contains a craft room for senior citizens. Dr. Gates asked that it be determined how many seniors use the facility and if the Town could accommodate them at another location. Upon motion of Mr. Heath, seconded by Mr. Leaman, this matter was referred to the Building and Grounds Committee for study and recommendation. Council approved the motion unanimously.
Mr. Warren suggested that the Town Council consider refurbishing of the former Police Department located at 144 W. Main Street. The interior and exterior are in need of repair. Mr. Heath stated that the Chamber of Commerce and Blue Ridge Travel Center has expressed interest in locating in the building. Mr. Heath volunteered and moved to work with the Building Committee on cost analysis and consider inclusion in the 2005-2006 budget. Mr. Hendrick seconded the motion. Council approved the same unanimously.
INSURANCE COMMITTEE-HEALTH/DENTAL/VISION RENEWAL PROPOSAL-MEETING SCHEDULED ON MARCH 22, 2005 AT 10:00 AM: This item was continued.
STREET LIGHT COMMITTEE-CONSIDER CONVERSION OF STREET LIGHTS-MEETING SCHEDULED MARCH 23, 2005 AT 9:00 AM: This item was continued.
VIRGINIA TOURISM FAM TOUR: Mr. Heath advised that he, the Mayor and Mr. Clark joined the Virginia Tourism group that came to Smyth County on March 14, 2005. Among those sites visited was Marion Downtown! and the Historic Lincoln Theatre.
MARION DOWNTOWN MASTER REDEVELOPMENT PLAN – CDBG APPLICATION BUDGET AND SUMMARY: Mr. Heath advised that the Marion Downtown! plans to apply for CDBG funding to assist in the cost of the Marion Downtown Master Redevelopment Plan. Dr. Gates was in favor of the project but financially the Town may not be able to support it. Dr. Gates expressed concern that there are no surplus funds available for the streetscape. He added that if the Town wants to fund future projects, they must increase revenues, deplete retained earnings, or dedicate Highway Maintenance Funds to these projects. Mr. Heath stated that the success of the grant application does not depend upon the Lee Street Project but inclusion in the grant makes the application more appealing. Mr. Leaman was concerned about the proposed parking garage and commitments of property owners. Mr. Heath stated that he has letters of intent from property owners contingent upon receipt of the grant. Mr. Heath added that parking in the downtown area and around the Smyth County Court House is a critical need. Mr. Clark stated that these are new expenditures and something must be deleted or delayed to be able to match $722,000 in the grant application. Mr. Heath requested that Town Council approve a Resolution to apply for Virginia Community Development Block Grant (CDBG) funds for the Downtown Master Redevelopment Plan. Upon motion of Mr. Hendrick, seconded by Mr. Warren and vote of 5 AYES 1 NOE (Leaman) and 1 ABSTENTION (Heath), the following Resolution was adopted:
RESOLUTION
WHEREAS, The Town of Marion wishes to apply for Virginia Community Development Block Grant (VA CDBG) funds, and
WHEREAS, The Town of Marion is applying for funding for the Marion Downtown Master Redevelopment Project, a project which will qualify under the National Objective of Elimination of Slum and Blight and is of the Project Type categorized as Economic Development/Business District Revitalization, and
WHEREAS, The Town of Marion is applying for $1,000,000 in VA CDBG funds for this project, and
WHEREAS, The Town of Marion is committing an additional $946,695 in local funding to this project, and is participating an additional investment of $250,000 from downtown property and/or business owners as part of this project, bringing the total project budget to $2,196,695, and
WHEREAS, The Town of Marion has partnered with the Marion Redevelopment and Housing Authority and has declared the entire town as a Redevelopment Area for the purposes of eliminating spot slum and blight as a part of Title 36, Article of the Code of Virginia, and
WHEREAS, The Town of Marion hereby authorized John E. B. Clark, Jr., the Town Manager and Chief Administrative Official, to sign and submit all appropriate information to apply for VA CDBG funding, and
WHEREAS, The Town of Marion has met all requirements for soliciting citizen participation with two public hearings.
NOW THEREFORE LET IT RESOLVED, that during Regular Session, held on 21 March 2005, the Marion Town Council hereby approved the submission of this
application.
_____________________________
Mayor
_____________________________
Clerk
MOUNT ROGERS PLANNING DISTRICT COMMISSION SPRING MEETING: Mayor Helms reminded Town Council members that the MRPDC Spring Meeting will be held on April 7.
HUNGRY MOTHER ESTATES: Mayor Helms advised that he, Mr. Clark, and Mr. Hicks met with D.C. Walker, Jerry Lewis and their attorney, John H. Tate, Jr. concerning development of Hungry Mother Estates sub-division. The property owners informed those present that they had experienced some problems with the bidding process. They will keep the Town advised of the progress with this problem.
SMYTH COUNTY COMMUNITY HOSPITAL: Mayor Helms announced that Town Council has been invited to SCCH at noon, Tuesday, March 22, 2005 for an official statement.
DONATION OF PROPERTY-LINCOLN FAMILY: Mr. Fenyk advised that the Lincoln family offered to donate property off North Church Street and along River Street to the Town (location of the old Lincoln saw mill). Mr. Fenyk noted that he began searching the deed. There was a problem with determining how the property came to the Lincoln family. Mr. Fenyk advised that John H. Tate, Jr. agreed to assist him, as he had worked the estate of the late Ralph Lincoln. Dr. Gates stated that the Lincoln family would benefit from obtaining a tax credit for the donation. He did not feel that the Town should incur any further expenses concerning this matter. He asked that Town Council be advised of the cost to the Town so far and projection of the full cost. He added that if the Lincoln family wishes to donate the property to the Town, they must present a clear title. Mr. Heath moved that the Town request a clear title from the Lincoln family before it proceeds with consideration of acceptance and issuance of tax credit. The motion was seconded by Dr. Gates and carried by a vote of 6 AYES and 1 NOE (Hendrick).
CHILHOWIE STREET BRIDGE – LOAD RATE ANALYSIS: Mr. Clark informed Council that an e-mail has been received from Winky Shinualt concerning the eligibility of the cost of the Load Rate Analysis being required on the Chilhowie Street Bridge Project. Projected cost is $12,000. In the e-mail, Mr. Shinault confirmed that this would be an eligible charge for VDOT funds and would be paid at 80%. Upon motion of Mr. Heath, seconded by Mr. Hendrick and vote of 7 AYES and 0 NOES, Thompson and Litton were granted permission to perform the Load Rate Analysis on the Chilhowie Street Bridge as required by VDOT.
AMERICAN ELECTRIC POWER EASEMENT: Mr. Clark advised that the Martin family is constructing a home on Althea Street. They have requested permission to cross Town property 50 feet to extend the power line to their property. Upon motion of Mr. Clay, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, the request was granted.
SCOTT SPRING: Dr. Gates moved that the Town enter into negotiations for the purchase of a spring. The offer shall be acted upon within 48 hours. Two (2) options are to be presented: (1) The Town will offer $100,000 to purchase the spring; or (2) The Town will pay $1,000 per month for a ten (10) year lease-to-own agreement with a final purchase price option of $30,000 at the end of the lease-to-own agreement. Mr. Clay seconded the agreement. Council approved the same by a vote of 5 AYES and 2 NOES (Cregger, Hendrick).
CLOSED SESSION: PURSUANT TO CODE OF VIRGINIA, AS AMENDED SECTION 2.2-3711 (3A) NEGOTIATIONS ON SPRING ACQUISITION AND FINANCE COMMITTEE OFFER: Pursuant to Code of Virginia, as amended, Section 2.2-377 (3A) 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 negotiations of the spring acquisition. Mr. Hendrick moved that Council return to Open Session and that it be known that only those matters legally exempted from Open Session and identified in the motion 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 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.