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 March 6, 2006 at 7:00 p.m.

PRESENT: Mayor David P. Helms; Eugene Hendrick, Buford Cregger, Herbert Clay, Mel Leaman, Ken Heath and Dr. James Gates, Council Members; Town Manager John E. B. Clark, Jr.; Town Engineer/Assistant Town Manager Cecil Hicks; Police Chief Michael Roberts; Town Attorney Mark Fenyk; Water Treatment Plant Superintendent Bob Mason 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. Heath, seconded by Mr. Clay and vote of 6 AYES and 0 NOES, the minutes of the meeting of February 21, 2006 were approved as written and distributed. Messrs Hendrick, Leaman, Cregger, Clay, Heath, and Dr. Gates voted affirmatively.

VISITORS: Dr. Charles Wassum, III, Dr. Kris Gandhi, Jeff Spickard, Bob Ramsey, Scott Wilson

EAST CHILHOWIE STREET BRIDGE –PRESENTATION OF CERTIFICATE: Scott Wilson presented Mayor Helms with a Certificate of Award from the American Engineer’s Council (ACEC) for the East Chilhowie Street Bridge Project. He informed Council that a portrait is being prepared for presentation to the Town.

COMMUNITY DEVELOPMENT BLOCK GRANT PAST USAGE: Mayor Helms opened the Public Hearing. Mr. Clark stated that CDBG funds were used in the rehabilitation of Gilman Street. These improvements included rehab of 8 homes at a cost of approximately $25,000 per home, paving, and a new water line. $358,000 in funding did not include the Habitat for Humanity “match” for the home they constructed.

Mr. Heath advised that projects in the Downtown area have included the establishment of 20 Low - Moderate Income upstairs apartments, streetscape, and building facades.

Mayor Helms asked for public input on future Block Grants. There were no comments from the public and the public hearing was closed.

DONATION OF PROPERTY ALONG ROUTE 16/COMMERCE STREET FROM COMMONWEALTH OF VIRGINIA: Upon motion of Mr. Heath, seconded by Mr. Clay, and vote of 6 AYES and 0 NOES, this item was continued.

DUMP CLOSURE REPORT: Mr. Hicks reported that the Town is involved with the Southwest Regional Department of Environmental Quality (SWRDEQ) on the closure of the former Town Dump. The Town has been advised of the Dump Closure Requirements and staff is comprising a proposal of a Closure Plan to be submitted to SWRDEQ for acceptance and approval.

REPORT ON ROOF BIDS FOR PROPERTY LOCATED AT 144 W. MAIN STREET: Mr. Clark reported that the previous low-bidder, Midway Construction Company, has not followed thru with their bid and have ignored attempts to contact them. A Certified letter informing them that their services are no longer required has been mailed to Midway Construction. The project has been re-bid and bids will be accepted until 1 p.m. on March 8. Mr. Heath moved that upon receipt of the bids, the Real Estate and Building Committees be given power-to-act to determine the successful bidder and initiate the project as soon as possible. The motion was seconded by Mr. Clay and carried by a vote of 6 AYES and 0 NOES.

NOTICE OF VIOLATION ON WATER SAMPLE: The Town had been notified by the Department of Health that water samples analyzed were found in violation of the allowable level for coliform bacteria. The Town is following procedures to mail out notices of the violation. The notice will be included with the annual consumer Confidence Report that included no violations for 2005. Mr. Hicks advised that the Town staff is working to determine the cause for this violation. This may have been due to a water line break and cross connections thru back siphoning.

PERMISSION TO APPLY FOR CDBG PLANNING GRANT FOR SINGLE FAMILY DWELLINGS OFF MILLER AVENUE-MARION REDEVELOPMENT AND HOUSING AUTHORITY/ MATSON DRIVE HOUSING REHABILITATION-PERMISSION TO APPLY FOR PLANNING GRANT, IN CONJUNCTION WITH SINGLE FAMILY DWELLINGS PROJECT WITH MRHA/MRPDC: Marion Redevelopment & Housing Authority has expressed an interest in developing a subdivision on property they own off of Miller Avenue. They plan to offer home ownership to low-moderate income individuals through a variety of financing opportunities. They plan to form a 501c3 corporation and partner with Project Crossroads, Mt. Rogers PDC, and the Town of Marion. MRHA requested that the town apply for a Community Development Block Planning Grant in the amount of $25,000. The funds would enable MRHA to complete the necessary elements that are required to apply for CDBG funds in the amount of $400,000 for the infrastructure.

According to MRPDC, DHCD had expressed an interest in the rehabilitation of Spruce Street, Pearl Avenue and Matson Drive. The estimated project would total approximately $600,000. MRPDC suggested that the two projects be combined for a strong $1 million grant application. The application would include housing production, housing rehabilitation and paving.

Mr. Clay moved that the Town apply for a CDBG Planning Grant in the amount of $25,000 on behalf of the Marion Redevelopment & Housing Authority. He further moved that the Town proceed on preparation of documents to apply for a $1 million CDBG Grant to include both projects. Dr. Gates seconded the motion. Council approved the same by a vote of 5 AYES and 1 ABSTENTION (Cregger).

REAL PROPERTY LOCATED AT 437 N. MAIN STREET (FORMER HAPPY’S RESTAURANT)-RECOMMENDATION FROM BUILDING & GROUNDS COMMITTEE AND REAL ESTATE COMMITTEE: It was reported that only one proposal was received to operate this structure as a restaurant. The Committees visited the site and determined that it would cost an estimated $100,000-$250,000 to renovation the site. The Committees recommended and Mr. Heath moved that a public hearing be scheduled to declare the property at 437 N. Main Street as surplus and sold. Mr. Clay seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES.

WILLIAMS ROAD-REQUEST FOR SECOND WATER TANK: Mr. Hicks reported that the cost of constructing the tank would be approximately $9,822. The cost associated with the concrete foundation, unloading the tank and plumbing the tank will run approximately $2,500. Addition of a second tank would allow for 8 more taps to the Williams Road system. The cost to each connection, including tap fee, would be $1,445. Discussion ensued. During the discussion, Council members expressed concern on the commitment of current and future land owners to pay their share of the costs to establish the second water tank. Mr. Leaman moved that the matter be referred to the Water Committee to work out details, such as preparation of a written commitment form from the property owners/heirs, receipt of approval of Smyth County on the Town providing water to these County residents and notification of the cost to these customers. The written commitment would also contain the information that there is no recourse of reimbursement from future lot purchasers. Dr. Gates seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES.

EQUIPMENT COMMITTEE-REVIEW OF LOADER BIDS: Due to discrepancies in bid specifications, the Equipment Committee recommended that the bid be awarded to the second lowest bidder, Contractor’s Tri-Cities, for a CASE 621D/XT Wheel Loader in the amount of $106,104. The Committee noted 19 discrepancies in the bid specifications from Carter Machinery Company and that the Public Works Director and Loader Operator had cited a safety factor in selecting the CASE Loader. It was noted that $85,000 had been budgeted from the Sewer Escrow Fund for the loader. Additional funding was secured by replacing a motor in a dump truck rather than purchase a new truck this fiscal year. This savings will be applied to the overrun on the budgeted amount. Mr. Leaman moved that the Equipment Committee recommendation be accepted. Dr. Gates seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES. Messrs Hendrick, Cregger, Heath, Clay, Leaman, and Dr. Gates voted affirmatively.

The old loader will be relocated from the Shop to the Sewage Treatment Plant.

FINANCE COMMITTEE-REQUEST FOR SMALL BUSINESS LOAN FROM SMYTH-NET BY MICHAEL PERDUE-MRPDC PROGRAM: Mr. Perdue had been informed that he must apply with MRPDC concerning the requirements and determination if his request would qualify under their program. The Finance Committee has not met on this request. If the business qualifies, the request will be brought before Town Council.

INSTALLATION OF GATE ON WATER MILL ROAD: Mr. Fenyk reported that Dr. Wassum had conceded to the Town’s request that Town employees or officials be allow to use this road on Town business and agreed to share in ˝ of the cost to maintain the gate. Dr. Wassum asked that a chain be installed on the gate and a sign “Private Drive” be posted. Mr. Fenyk reported that Dr. Wassum had mentioned installation of an electronic card system to open the gate. This may or may not be considered at a later date.

SUMMONS FOR NUISANCES ON DILAPIDATED BUILDINGS: Mr. Fenyk reported that all violators have been notified and the Court date has been set on March 10, 2006 at 10 a.m.

DECLARATION OF SURPLUS PROPERTY-MIDDLE LOT ON CHILHOWIE STREET: Mr. Fenyk stated that he has been contacted by Smyth County Habitat for Humanity and they have requested that the town lot on Chilhowie Street (known as the middle lot) be declared as surplus and deeded to Habitat for Humanity for the construction of a home. Upon motion of Mr. Leaman, seconded by Mr. Heath and vote of 6 AYES and 0 NOES, a public hearing was scheduled, at the earliest possible date, to consider declaration of this property as surplus.

HABITAT FOR HUMANITY: Mr. Cregger asked what the procedure was to advise a citizen about the availability of a habitat home. He was informed that an application must be made to Habitat for Humanity and the applicant must meet their (HH) requirements, including income, need, and sweat equity. A Habitat Committee must determine the applicant’s eligibility.

LEE STREET: Lee Street will be closed for the installation of the Bridge by the end of March or first of April.

PLANNING COMMISSION MEETING: Marion Planning Commission will consider the proposed Architectural Review Board criteria.

LEE STREET SIGNAL SYSTEM: Mr. Clay moved that the Town accept the bid from Richardson-Wayland for the Lee Street Signal System, in the amount of $48,650. Mr. Hendrick seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES.

VDOT-REVENUE SHARING PROGRAM: Mr. Clark advised that several projects have been identified as eligible for this program.

They are:
Street Lighting Upgrade $ 13,245
Baughman Avenue Bridge Superstructure Replacement $194,000
Street Resurfacing/Paving $501,500

Mr. Clark requested permission to submit the Street Light Upgrade for the 50% reimbursement and adopt the following Resolution to participate in the VDOT Revenue Sharing Program. Upon motion of Dr. Gates, seconded by Mr. Leaman and vote of 6 AYES and 0 NOES, the Resolution was adopted.

RESOLUTION AUTHORIZING TOWN MANAGER TO SIGN AGREEMENTS FOR THE VIRGINIA DEPARTMENT OF TRANSPORTATION’S REVENUE SHARING AGREEMENT

Whereas, the Town of Marion applied for Revenue Sharing money through the Virginia Department of Transportation (VDOT) for special projects, and;

Whereas, the Town will be responsible for 50% of the cost and VDOT the other 50%, and

Whereas, the total cost of three funded projects totals an estimated $920,745, and;

Whereas, this money can be spent over several fiscal years, and:

Whereas, these three projects are a street light upgrade project, a reconstruction of Baughman Street Bridge, and a paving/resurfacing project, and;

Whereas, these projects are designated by VDOT as Project: U000-119-R-11, PE-101, M611; Project U000-119-R12, PE101, C501, B605; Project U000-119-R13, PE101, M501, respectively, and;

Whereas, VDOT requests a Town Council Resolution designating a person with authority to sign documentation on behalf of the Town of Marion;

Now, Therefore, Let it Be Resolved, that the Town Manager be designated to sign all needed documentation on behalf of the Town of Marion for these projects.

Resolved this 6th Day of March 2006.

Mr. Clark stated that the Reconstruction of the Baughman Street Bridge and Paving/Surfacing Projects will be considered within the 2006-07 fiscal budget.

RENTAL OF GARBAGE TRUCK: The Town of Rural Retreat had requested to rent the old garbage truck on Thursday of each week to collect their garbage. Upon motion of Mr. Clay, seconded by Dr. Gates and vote of 6 AYES and 0 NOES, Mr. Clark was authorized to determine the Town’s liability and use of the Town’s operator with VML. He was further authorized to negotiate details with the Town of Rural Retreat.

Upon motion, duly seconded and vote of 6 AYES and 0 NOES, the meeting was adjourned.