PRESENT: Mayor David P. Helms; Eugene Hendrick, Buford Cregger, Herbert Clay, Mel Leaman, Ken Heath, Mark Warren and Dr. James Gates, Council Members; Town Engineer/Assistant Town Manager Cecil Hicks; Police Chief Michael Roberts; 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. Warren, and vote of 7 AYES and 0 NOES, the minutes of the Town Council Meeting held on April 3, 2006 were approved as written and distributed. Messrs Hendrick, Cregger, Leaman, Heath, Warren, Clay and Dr. Gates voted affirmatively
VISITORS: Jeff Spickard
WATER TREATMENT PLANT PROJECT UPDATE: Jeff Spickard of Lane Engineering informed Council that the excavation has begun. The contractor has encountered several problems. Problem number one is that there are soft materials under the basin. A geotech specialist has evaluated the situation and a change order, in an amount to be less than $4,000, will be issued. Problem number two involves an existing pipe extended from the sediment basin to the planned new basin. The pipe is too small at 4”. The contractor had anticipated an 8-12 inch pipe. There is no cost estimate for the proposed change order but an additional 100 feet of pipe will be required. Mr. Fenyk noted that the contractor usually bears the cost of such problems. Mr. Spickard stated that the contract allows for limited contractor risk in order to obtain an overall lower price.
UPDATE ON PROPOSED WILLIAMS ROAD WATER TANK – RESPONSE FROM SMYTH COUNTY BOARD OF SUPERVISORS: Notice has been received that the Smyth County Board of Supervisors has approved the Town’s request to add a water storage tank to provide water service to the requested water customers on Williams Road. Mr. Hicks informed Council that the contact person for the Williams Road property owners has notified him that five (5) have agreed to participate in the 50% of the cost of installation of the tank. He noted that the agreement will contain language that says that the money will be collected and agreement signed prior to installation of the tank. The tank will allow for 8-9 connections. The estimated cost of the project is $12,300, tap fee not included. The fee to tap onto the line will be $675 each. Participants are aware of the cost of approximately $1,225 each (5) to install the tank plus tap fee. Mr. Hicks added that this cost is considerably less than digging a well. Mr. Heath moved that the agreement be prepared to divide 50% of the cost of installation of an additional water tank on Williams Road between 5 participants at a cost of $1,225, plus $675 for tap fee. The agreement would further state that after the initial cost, those additional taps would only require the $675 tap fee. Dr. Gates seconded the motion. Council approved the same by a vote of 5 AYES and 2 NOES (Hendrick, Cregger).
CHESTNUT STREET PARKING: Mr. Hicks presented a schematic demonstrating the proposed angle parking along Chestnut Street from Town Street to Cherry Street. The plan would require the area to become one-way and would allow for the parking of 13-15 vehicles. The Downtown Association and Chestnut Street businesses support the restructured parking area. The change would require painting the parking spaces, painting a cross-walk and one-way and do not enter signs. Dr. Gates moved that Town staff request the opinion of VDOT and that Mr. Heath present the proposed schematic to the business owners in the designated area for their approval. If all approve, the project shall proceed. The motion was seconded by Mr. Heath and carried by a vote of 7 AYES and 0 NOES.
ARBOR DAY PROCLAMATION:
PROCLAMATION DECLARING APRIL 28, 2006 ARBOR DAY
WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and Arbor Day is now observed throughout the nation and the world, and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and
WHEREAS, trees are a renewable resource giving up paper, wood for our homes, fuel for our fires and countless other wood products, and
WHEREAS, trees in our town increase property values, enhance the economic vitality of business areas, and beautify our community, and
NOW, THEREFORE, I, David P. Helms, Mayor of the Town of Marion do hereby proclaim Friday, April 28, 2006, ARBOR DAY in the Town of Marion, and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and
FURTHER, I urge all citizens to plant trees to gladden the heart and promote the well being of this and future generations.
Dated, this 28th day of April 2006.
ACCOUNTS: Mr. Clay moved that the accounts be paid in the amount of $715,893.19. Mr. Heath seconded the motion. Mr. Leaman abstained from # 92 only (Smyth County Free Clinic). Council approved the accounts by a vote of 7 AYES and 0 NOES, with the exception as noted. Messrs Hendrick, Heath, Clay, Warren, Leaman, Cregger, and Dr. Gates voted affirmatively.
INVESTMENTS: There were no investments to report.
YOUTH GOVERNMENT DAY: Youth Government Day has been scheduled on May 10, 2006 from 9:15 a.m. until 1:30 p.m. Students will meet at the Lincoln Theater for a 45 minute program. After completion of the program, students will “shadow” their hosts for approximately three (3) hours. The students will be returned to the Lincoln Theatre by 1:30.
STREET COMMITTEE-REQUEST FOR CLOSURE OF A PORTION OF COURT STREET FROM PARK STREET TO CHURCH STREET: The Street Committee reported that they have no objection to the closing of a portion of Court Street as requested by Smyth County. The request was made as the County is proposing to expand and renovate the Court House. Dr. Gates suggested that the Town staff contact VDOT to receive their input on this request. Upon motion of Mr. Hendrick, seconded by Mr. Cregger and vote of 7 AYES and 0 NOES a public hearing was scheduled to consider this request on May 15, 2006 at 7:00 p.m.
ORDINANCE COMMITTEE-PROPOSED ARCHITECTURAL REVIEW BOARD: Upon motion of Mr. Heath, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, this item was continued.
BUILDING & REAL ESTATE-APPALACHIAN GALLERY-144 W. MAIN STREET: The Committee and staff met with the Gallery representatives on several occasions and have developed a tentative agreement. The tentative agreement includes the following parameters: the building is being utilized by the Gallery on an “as is basis”, with the town not committing to any major repairs (with the exception of the roof); and minor repairs on the building ($50 or less) would be the responsibility of the Gallery. The Gallery must obtain and be recognized and incorporated by the IRS as a Non-profit 501-C3 organization. The agreement states that the Gallery will designate one person to represent the Gallery in its dealing with the Town; in return the Town Manager will represent the Town’s interest. The Gallery may remove carpets and wax the floor. The gallery agrees to vacate the building for approximately ten days when the roof is being replaced. Concerning utilities, namely electricity and gas, we are calculating a three month average for both. The agreement states the Gallery will pay any overage above the three month average to the Town. The agreement also states that the Gallery will hold the Town harmless in the event of injury or theft of art. Finally, the agreement would state that the Town has the right to terminate this agreement following a 30 day notice.
BUILDING & REAL ESTATE – SALE OF HAPPY’S RESTAURANT BUILDING – NORTH MAIN STREET: A notice of advertisement for the sale of the Old Happy’s Restaurant Building has been issued and appeared in several local newspapers. The property was declared surplus on March 20, 2006. The Committee has decided to receive sealed bids on the property. The bids will be due on Friday, May 5th at 2:00 p.m.
FINANCE COMMITTEE-REQUEST FOR FUNDS FROM MSHS FBLA: The Finance Committee reported that Marion Senior High School has already received their annual allotment from the Town. The principal may use his discretion in distribution of these funds. Upon motion of Dr. Gates, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, the request for additional funds for MSHS was denied.
INTERSTATE 81 EXPANSION PROJECT: Mr. Heath stated that a recent e-mail expressed concern that historic preservationists in the Shenandoah Valley are concerned that VDOT plans to expand I-81 and devastate the Shenandoah Valley’s irreplaceable historic, cultural and scenic resources and undermine the region’s enviable quality of life. Mr. Heath reported that he responded to the request that the Southwest Virginia area is also concerned about the effect of the I-81 expansion on our area.
RIVERWALK – POSSIBLE EXTENSION: Mr. Hendrick suggested that the Town contact GoMart to donate an easement to extend the Riverwalk behind their property and proposed building site. Ken Heath agreed to discuss the request with the property owners. Also, Mr. Hicks noted that the plans show a retaining wall on the back of the property because of the location of the floodway. There is room to extend the Riverwalk behind the retaining wall.
Mr. Hicks was asked to inquire about the progress of development of the property.
CERTIFIED MUNICIPAL CLERK: Susan H. Clark, Deputy Town Clerk/Deputy Director of Finance, has earned the designation of Certified Municipal Clerk by the International Institute of Municipal Clerks. The Certification program requires three (3) years of advanced education at a certified Institute. Susan attended the Institute at Old Dominion University. She was also required to take additional study courses, seminars and demonstrate her involvement in the community.
VML TOWN SECTION: The Town Section meeting will be conducted on June 9, 2006 at the Martha Washington Inn in Abingdon. Those planning to attend should contact Dixie Sheets to be registered.
LIFETIME WELLNESS CENTER- STEPPING OUT CHALLENGE: Mayor Helms reminded the Town Council and staff of the Stepping Out Wellness Challenge to begin on April 21, 2006. It is expected that the Town will have several teams.
ATTORNEY’S REPORT-DEEDS ON VARIOUS TOWN PROPERTIES ON GILMAN AND CHILHOWIE STREETS: Mr. Fenyk informed Council that the Gilman/Chilhowie Street deeds have been prepared and have been submitted to Scott Booth at MRPDC for review and signature of Director David Barrett. Mr. Booth will also secure the signatures of the Buck family and Habitat for Humanity.
ATTORNEY’S REPORT- DEED FOR PRATER LANE RAILROAD CROSSING PROJECT (FROM W-L CONSTRUCTION) Mr. Hicks reported that the survey will be completed this week and Mr. Fenyk will prepare the deed and present both to the property owners for review and signature.
LEE STREET PROJECT: Town Council requested holes in the construction site be filled. Mr. Hicks reported that Sprint continues to delay the project, however, he is confident that the project is on track for June 30, 2006 completion.
INJURY TO TOWN EMPLOYEE: Ms. Sheets reported that Meter Reader Alvin McBroom, Jr. fell from his roof on April 17 and received numerous injuries. It is anticipated that Mr. McBroom will be out of commission for a period of time.
ADJOURNMENT: Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the meeting was adjourned.