PRESENT: Mayor David P. Helms; Eugene Hendrick, Buford Cregger, Herbert Clay, Mel Leaman, Ken Heath and Dr. James Gates, Council Members; Assistant Town Manager/Town Engineer Cecil Hicks; Police Chief Michael Roberts; Police Lt. Rex Anders; Town Attorney Mark Fenyk; Purchasing Agent B. J. Hamm 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. Hendrick, 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, Heath, Warren and Dr. Gates voted affirmatively.
VISITORS: Michael Pennington, Linda & Wayne Pennington, Mrs. Polly Carlton, Lynn White, Larry White, Jeff Spickard, Dr. Krishna Gandhi; Ken Osborne; and Albert Blackburn
Mr. Clay arrived.
PUBLIC HEARING-SECOND PUBLIC HEARING ON DOWNTOWN DEVELOPMENT FOR CDBG FUNDS: The purpose of the hearing was to solicit public input on the proposed CDBG proposal for the “Marion Downtown Master Redevelopment Plan”. The proposal will include job creation/retention and Business District Revitalization. Mayor Helms opened the public hearing. There was no public comment. Mayor Helms closed the public hearing.
PUBLIC HEARING-CONSIDERATION OF DECLARATION OF SURPLUS PROPERTY FOR 437 N. MAIN STREET-FORMER HAPPY’S RESTAURANT: The purpose of this hearing is to solicit public input on consideration of declaring the property at 437 N. Main Street (Former Happy’s Restaurant) as surplus property. The Town had originally solicited proposals to lease the property. One proposal was received. Upon more extensive examination of the structure, the cost to renovate the building was more than the Town was willing to put into rental property. Mayor Helms opened the Public Hearing. There was no public comment. Mayor Helms closed the hearing. Upon motion of Mr. Cregger, seconded by Mr. Warren, and vote of 7 AYES and 0 NOES, Town Council declared this property as surplus to be sold by Public auction or sealed bids. Messrs Hendrick, Clay, Cregger, Leaman, Heath, Warren and Dr. Gates voted affirmatively.
PUBLIC HEARING-CONSIDERATION OF DECLARATION OF SURPLUS PROPERTY FOR WEST CHILHOWIE STREET-LOT B: The purpose of this hearing is to solicit public input on consideration of declaring the property identified as 190-88-B and located on W. Chilhowie Street as surplus property. The property is located next to a home constructed as part of the Gilman Street project. Another home is currently under construction on the other side of Lot B by Habitat for Humanity. This lot, if declared surplus, would be used to construct a home by Habitat for Humanity. Mayor Helms opened the Public Hearing. No one was present to comment on the issue. Mayor Helms closed the Public Hearing. Upon motion of Mr. Cregger, seconded by Mr. Warren, and vote of 7 AYES and 0 NOES, Town Council declared this property as surplus to be donated to Habitat for Humanity to construct a home under their program. Messrs Hendrick, Clay, Cregger, Leaman, Heath, Warren and Dr. Gates voted affirmatively.
COMMENDATION UPON EARNING VIRGINIA REGIONAL FUTURE BUSINESS PERSON TO MICHAEL W. PENNINGTON: Upon motion of Mr. Heath, seconded by Dr. Gates, and vote of 7 AYES and 0 NOES, Michael Pennington, accompanied by his parents, Linda & Wayne Pennington, Grandmother Polly Carlton and MSHS Student Cooperative Program Advisor, Lynn White, was awarded a Resolution from Marion Town Council upon earning the honor of Virginia Regional Future Business Leader. Mayor Helms read the following resolution:
RESOLUTION OF CONGRATULATIONS
FOR
MICHAEL W. PENNINGTON
ON THE OCCASION OF EARNING THE DESIGNATION OF
REGIONAL FUTURE BUSINESS LEADER FOR 2006
WHEREAS, Michael W. Pennington is a member of the Marion Senior High School Class of 2006, in Marion, Virginia; and
WHEREAS, Michael W. Pennington has recently earned the designation of Regional Future Business Leader for 2006; and
WHEREAS, in earning this honor, Michael W. Pennington, has demonstrated the ability to work toward future goals thru skills, testing, interview, and public speaking; and
WHEREAS, Michael W. Pennington has participated in the MSHS Student Cooperative Program under the guidance of Mrs. Lynn White and is employed by the Town of Marion in the Town Clerk/Director of Finance Office; and
WHEREAS, Michael W. Pennington has exhibited excellent work ethic and developed a wide variety of skills; and
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of Marion, Virginia that Michael W. Pennington is congratulated for his accomplishments.
BE IT FURTHER RESOLVED, that this Council extend best wishes for continued success to Michael W. Pennington
RESOLVED, this 20th day of March, 2006.
Mayor Helms presented Mr. Pennington with the Resolution. Michael Pennington has served as the Town’s Co-op student for the past two (2) years in the Clerk/Finance Department. It has been a pleasure to work with Michael, who has been exemplary employee.
REPORT FROM PLANNING COMMISSION-ARCHITECTURAL REVIEW BOARD: Mr. Leaman stated that the MDRA had presented Town Council with a draft of the proposed Architectural Review Board regulations. The proposed regulations were referred to the Planning Commission for review and comment. Mr. Leaman requested Town Council’s guidance as to the desired extent of the enforcement.
Mr. Heath explained that he and the MDRA had anticipated that the Planning Commission would review the documents with regard to the Zoning Ordinance and Comprehensive Plan. The plan was designed to provide guidance for aesthetic continuity without necessary enforcement. Adherence to the guidelines would provide the property owners with eligibility for grants and/or tax incentives.
Mr. Heath noted that a copy of the Architectural Review Board Regulations was provided to every business and property owner. Also, in the event that an Ordinance is considered, a public hearing would be conducted to solicit public input on pursuing the establishment of the Review Board.
Upon motion of Mr. Leaman, seconded by Dr. Gates and vote of 6 AYES and 1 ABSTENTION (Heath), this matter was referred to the Ordinance Committee to determine if there is a need for the Review Board and to what degree enforcement would be considered appropriate.
LEE STREET PROJECT UPDATE: Mr. Hicks provided an overview of the project, to date. He stated that the storm drain is 80% complete. He noted that the bridge is completed and ready to be installed as soon as the site is prepared. Re-routing of a 15 inch storm drain line of 248 extra feet of storm drain line will cost $7,400, due to the fact that Sprint’s fiber optic cable is in the way of the storm drain pipe,. The Army Corps of Engineers has presented a problem with their in-stream time of year constraints. The Town has requested a 6 week variance due to the scope of the project. Upon motion of Mr. Warren, seconded by Mr. Clay and vote of 6 AYES and 1 ABSTENTION (Heath), the additional cost of the storm drain pipe was referred to the Street Committee with Power-to-Act to a maximum of $7,400. Messrs Hendrick, Clay, Leaman, Cregger, Warren and Dr. Gates voted affirmatively.
LEE STREET PAYMENT: Mr. Jeff Spickard presented a payment request for the Lee Street project in the amount of $74,604.45. This payment includes Change Order #1 in the amount of $19,031. Discussion ensued. Upon motion of Mr. Leaman, seconded by Mr. Clay and vote of 6 AYES and 1 ABSTENTION (Heath), the request for Payment # 1 was approved. Messrs Hendrick, Clay, Leaman, Cregger, Warren and Dr. Gates voted affirmatively.
WATER TREATMENT PLANT UPDATE: The loan closing for the Water Treatment Plant Project, in the amount of $1,684,600, is scheduled for this week.
ACCOUNTS: Upon motion of Mr. Heath, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, the Accounts were approved in the amount of $554,035.56. Messrs Hendrick, Clay, Cregger, Leaman, Heath, Warren and Dr. Gates voted affirmatively.
INVESTMENTS: Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the Investment Report was accepted, as presented. Messrs Hendrick, Clay, Cregger, Leaman, Heath, Warren and Dr. Gates voted affirmatively.
RECOMMENDATION FROM ENGINEER ON POSSIBLE $50,000 WATER PROJECT TO APPLY FOR HEALTH DEPARTMENT FUNDING: Mr. Hicks presented two (2) proposed projects to be submitted for funding by the Virginia Health Department Grant Program. The first is replacement of a 6 inch cast iron water line on Town Street from Park Street to Commerce Street. The second possible project is replacement of 855 feet of an 8 inch water line from Commerce Street to Cherry Street. Both lines are old and have had numerous breaks in recent history. Both fall under the $50,000 limit of the program. Mr. Hicks stated that the most urgent need is the line on Town Street. The estimated costs did not include the cost for new meters, paving or service line extensions. Dr. Gates suggested using the remaining funds from the Water/Sewer sinking fund for new meters, paving and service lines. Paving costs alone would be approximately $21,000. Applications for funds are due by March 31. Mr. Jeff Spickard noted that he has applied for funding previously and has most of the data needed to submit an application. Upon motion of Mr. Clay, seconded by Mr. Warren and vote of 6 AYES and 1 ABSTENTION (Heath), Council approved that the Town seek a grant for upgrade of the Town Street Water Line.
REQUEST FROM MARION CORRECTIONAL CENTER ON CONSTRUCTION AT FIRING RANGE: Marion Police Chief Mike Roberts, Lt. Rex Anders, Correctional Officer Albert Blackburn, and Correctional Center Warden, Ken Osborne were present to discuss the MCTC Range Building Expansion and New Tower Project. The current facility had deteriorated to the point that it is unsafe. The plan is to demolish the existing building and construct a new facility which will include a weapons cleaning area and a CS gas exposure area and construct a new Tower. Both agencies citied that the firing range and facilities are beneficial, shared efforts. The new facility will allow agencies to train as well as enable OC to be used in a contained area. The Commonwealth will be responsible for the total cost of the renovations. Mr. Clay moved that the Town allow the Commonwealth to improve the current firing range facility. Mr. Heath seconded the motion. Council approved the same unanimously. Messrs Warren, Hendrick, Leaman, Cregger, Heath, Clay and Dr. Gates voted affirmatively.
INSURANCE COMMITTEE-REPORT ON HEALTH INSURANCE RENEWAL RATES: A proposal from the Local Choice Health Care Program has been presented to the Town Council for review. The renewal, at the current coverage, Key Advantage 300, contains a 12.7% premium adjustment (increase). The Town’s premiums are a blend of the pooled rate. Upon recommendation of the Insurance Committee and motion of Mr. Hendrick, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, the Town approved renewal of the Key Advantage Insurance Plan.
REQUEST FOR RIGHT-OF-WAY BEHIND HAPPY’S RESTAURANT- DR. KRIS GANDHI: Dr. Gandhi requested that the Town provide a right-of-way to his property known as the former Pepsi plant. He plans to renovate the property to provide a day care center and future health spa. The Town Attorney stated that the Town would be required to conduct a public hearing to provide a public right of way to a private individual. Also, to grant an easement would de-value the property. It was suggested that Dr. Gandhi negotiate with the future owner to purchase a right-of-way.
WATER COMMITTEE-REVIEW OF WRITTEN AGREEMENT ON INSTALLATION OF SECOND WATER TANK ON WILLIAMS ROAD: This item was continued. Mr. Hicks noted that it is expected that 6 connections will be needed initially and that he has explained to the potential customers that they would share in the costs equally. A request to provide water service to these customers has been communicated to Smyth County. No written approval has been received, to date.
RESOLUTION AUTHORIZING TOWN MANAGER OF MAYOR TO SIGN AGREEMENTS FOR THE VIRGINIA DEPARTMENT OF TRANSPORTATION’S REVENUE SHARING AGREEMENT: Upon motion of Mr. Heath, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, the following resolution was adopted:
RESOLUTION AUTHORIZING TOWN MANAGER OR MAYOR 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 total 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 the Baughman Street Bridge, and a paving/resurfacing project, and;
Whereas, these projects are designated by VDOT as Project: U000-119-R-11, PE-101, M501; Project: U000-119-R12, PE101, C501, B605; Project U000119-R10, PE101, M501, respectively, and;
Whereas, VDOT requests a Town Council Resolution designating persons with authority to sign documentation on behalf of the Town of Marion;
Now, Therefore, Let It Be Resolved, that the Mayor or Town Manager be designated to sign all needed documentation on behalf of the Town of Marion for these projects.
Resolved this 20th Day of March 2006.
GOVERNOR TIM KAINE VISIT: Mayor Helms stated that Governor Kaine will be in Hillsville on March 21, 2006 at 5:15 pm. Anyone interest in attending should meet at the Municipal Building at 4:00 p.m.
SLUDGE DISPOSAL-SEWAGE TREATMENT PLANT: Sewage Treatment Plant Superintendent Donnie Coley had informed the Sewer Committee that the process is nearly complete to begin sludge removal to the approved site in Rich Valley. Upon final approval of the site, $3,000 would be needed for this item. Upon motion of Mr. Leaman, seconded by Mr. Clay, the cost of $3,000 was granted and the STP personnel authorized to begin work on sludge removal from the plant.
COURT HEARINGS FOR DILAPIDATED STRUCTURES REMOVAL – ATTORNEY: Mr. Fenyk advised that notification had been delayed on the McClanahan property, pending location of heirs. Notification has now been accomplished. The Thompson and Funk cases were continued. Both structures have since been removed. With regard to the Overbay property, the Judge ruled that it had not been shown that the property is dilapidated and dismissed the case. He added that Mr. Overbay is using the property to store materials and may be in violation of the Zoning Ordinance.
HABITAT FOR HUMANITY: Upon motion of Mr. Heath, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, Town Council voted to donate the property on Chilhowie Street, known as Lot B, to Habitat for Humanity for the purchase of constructing a home in conjunction with their program, as provided in the Town’s Gilman Street Grant agreement. Mr. Fenyk was instructed to prepare all deeds with regard to Lots A, B, and C. Messrs Hendrick, Cregger, Warren, Leaman, Clay, Heath and Dr. Gates voted affirmatively.
AUTOMOBILE/MOTORCYCLE DECAL SALES: Automobile/Motorcycle Decals went on sale March 1 and are due to be purchased and displayed on or before midnight on March 31.
DUMP CLOSURE: Mr. Hicks reported that there are several items that the Commonwealth has required prior to the closing of the town dump. The first provision is that the deed includes an addendum identifying the property as a former landfill. Secondly, the Town will be required to update the plat to show the extent of the landfill on the property (limits of waste) and add deed notation to the plant. An affidavit must be prepared and signed by Mr. Hicks that the site has been inspected at least twice a year since it was closed in 1993. The gates must be posted with the information that the property is a closed landfill. Large trees must be removed. Finally, a meeting must be scheduled with DEQ-SWRO to discuss the next revision to the termination report and schedule a final inspection of the dump by DEQ.
CLOSED SESSION: Pursuant to Code of Virginia 1950, as amended, Section 2.2-3711 (3), 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 the possible sale/purchase of real estate. Mr. Hendrick moved that Council return to Open Session and that it is known that only those matters identified in the motion and legally exempted from Open Session were discussed in the Closed Session. Mr. Heath seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES. Messrs Hendrick, Warren, Cregger, Leaman, Heath, Clay and Dr. Gates voted affirmatively.
Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the meeting was adjourned.