PRESENT: Mayor David P. Helms; Eugene Hendrick, Buford Cregger, Herbert Clay, Mel Leaman, Ken Heath, Mark Warren 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; Purchasing Agent Billy Hamm; Deputy Town Clerk/Deputy Director of Finance Susan Clark.
INVOCATION/PLEDGE TO THE FLAG: Reverend James Bangle rendered the invocation. Police Officer Kell Lowry led the Pledge to the Flag.
VISITORS: Wes Thomas, Rex Anders, Brian Sexton, Kell Lowry, Shawn Conklin, Lee Farmer, Darrell Hayden, Kevin Testerman, Andrew Moss, James Bangle, Kris Gandhi, David Fields, Shelia Quattrocchi, Suzy Jennings, Jeff Spickard, Dan Kegley.
NATIONAL POLICE WEEK: Chief Michael Roberts informed Council that May 15, 2006 is Police Officers Memorial Day. Officer Wes Thomas added that in 1962, President John F. Kennedy signed Public Law 87-726 designating May 15 as Peace Officers’ Memorial Day, and the week in which May 15th falls as National Police Week. The law was amended by the Violent Crime Control and Law Enforcement Act of 1994, Public Law 103-322, signed by President Bill Clinton, directing that the flag of the United States be displayed at half-staff on all government buildings on May 15 each year. While the actual dates change from year to year, National Police Week is always the calendar week, beginning on Sunday, which includes May 15.
PROCLAMATION-NATIONAL POLICE WEEK: Mayor Helms read the proclamation.
WHEREAS, The Congress and President of the United States have designated May 15 as Peace Officers’ Memorial Day, and the week in which May 15 falls as National Police week; and
WHEREAS, the members of the law enforcement agency of the Town of Marion play an essential role in safeguarding the rights and freedoms of the Town of Marion; and
WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of our law enforcement agency recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and
WHEREAS, the men and women of the law enforcement agency of the Town of Marion unceasingly provide a vital public service;
NOW, THEREFORE, I David P. Helms, Mayor of the Town of Marion, call upon the citizens of the Town of Marion and upon all patriotic, civic and educational organizations to observe the week of May 14-20, 2006, as Police Week with appropriate ceremonies and observances in which all of our people may join in commemorating law enforcement officers, past and present, who by the faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and, in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens.
I FURTHER call upon all citizens of the Town of Marion to observe Monday, May 15, as Peace Officers’ Memorial Day in honor of those law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice in service to their community or have become disabled in the performance of duty, and let us recognize and pay respect to the survivors of our fallen heroes.
IN WITNESS THEREOF, I hereunto set my hand and caused the Seal of the Town of Marion to be affixed.
Upon motion of Mr. Hendrick, seconded by Mr. Clay, and vote of 7 AYES and 0 NOES, the proclamation was adopted.
MINUTES: Mr. Hendrick noted that under Employee Incentives the word jacket was misspelled. Upon motion of Mr. Heath, seconded by Mr. Clay, and vote of 7 AYES and 0 NOES, the meetings held 5/1/06 were approved as corrected. Messrs Hendrick, Cregger, Clay, Leaman, Warren, Heath, and Dr. Gates voted affirmatively.
PUBLIC HEARING ON REQUEST BY SMYTH COUNTY BOARD OF SUPERVISORS TO CLOSE A PORTION OF COURT STREET: Mr. David Fields expressed his concerns about providing ample parking at the Court House during the demolition and remodeling of the County properties. Mr. Cregger moved to close Court Street as long as the County can provide ample parking spaces during construction. Mr. Warren stated that the expansion of the Court House will displace parking spaces in the County’s parking lot. Mr. Clay noted that the property is owned by the County. Mr. Cregger withdrew his motion.
Mr. Hicks stated that he had met with Ronnie Hubble, VDOT, and that Mr. Hubble sees there is no problem with closing Court Street. Mr. Heath stated that he, too, is concerned about having ample parking in the downtown area during the time of construction. Mr. Clay reminded Council that the County has been court ordered to proceed with the demolition and reconstruction of the court house and jail, any delays could result in legal problems for the Town. Upon motion of Mr. Cregger, seconded by Dr. Gates and vote of 6 AYES, 0 NOES and 1 ABSTENTION (Heath), Council approved closing Court Street, they requested a plan from the County to provide sufficient parking during the construction process.
Mayor Helms welcomed Suzy Jennings and congratulated her on becoming a Town Council Member.
SPECIAL PRESENTATION-COMMENDATION UPON EARNING DESIGNATION OF CERTIFIED MUNICIPAL CLERK; SUSAN H. CLARK: Mayor Helms read a letter sent by Susan Morrow, MMC, President International Institute of Municipal Clerks congratulating Mrs. Clark on earning the designation of Certified Municipal Clerk and presented Mrs. Clark with a plaque.
APPROVAL OF BIDS SUMMITTED FOR SALE OF HAPPY’S BUILDING; 427 N. MAIN STREET: The town has the authority to refuse any or all bids. Dr. Kris Gandhi was the high bidder and submitted a payment proposal to the Town. Upon motion of Mr. Cregger, seconded by Mr. Warren and vote of 7 AYES and 0 NOES, the bids were accepted and Council will enter into Closed Session, at the end of the meeting, to discuss Mr. Gandhi’s proposal.
CHESTNUT STREET PARKING: Mr. Hicks stated that he had spoken with Mr. Ronnie Hubble, VDOT, about adding additional parking spaces and changing the traffic direction to one-way on Chestnut Street. Mr. Hubble informed Mr. Hicks that VDOT would have no problem with the changes. Upon motion of Mr. Hendrick, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, a Public Hearing was scheduled for June 5, 2006 to discuss additional parking spaces and changing the traffic direction to one-way on Chestnut Street. Messrs Hendrick, Heath, Clay, Warren, Leaman, Cregger and Dr. Gates voted affirmatively.
ACCOUNTS: Upon motion of Mr. Heath, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, the accounts were approved for payment in the amount of $715,359.38. Messrs Hendrick, Leaman, Heath, Cregger, Clay, Warren and Dr. Gates voted affirmatively.
INVESTMENTS: Upon motion of Mr. Cregger, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, the Investment Report was accepted as presented. Messrs Hendrick, Leaman, Heath, Cregger, Clay, Warren and Dr. Gates voted affirmatively.
MARCH OF DIMES WALK: Mayor Helms reported that the walk was very successful, raising in excess of $30,000.
YOUTH GOVERNMENT DAY-MAY 10, 2006-Mayor Helms stated that the Lincoln Theatre hosted the Seniors from all three High Schools in the county for the opening ceremonies of Youth Government Day. The Town of Marion had a very well-behaved, interesting group of teens to enlighten about the operations of our Town departments.
PROPOSED CLOSING OF TOWN STREET-JUNE 10, 2006-SCHOOLS OUT PARTY: Councilman Heath stated that Victor Johnsey, pastor of the Main Street Mission asked that Town Street be closed from Chestnut Street to Commerce Street from 3:30 p.m. to 8:30 p.m. for the event. Access to parking lot will not be blocked and they will provide cleanup after the event. Upon motion of Mr. Clay, seconded by Dr. Gates and vote of 6 AYES, 0 NOES and 1 ABSTENTION (Heath), Council approved closing Town Street on June 10 from 3:30 p.m. to 8:30 p.m.
ACCEPTANCE OF HUNGRY MOTHER SEWER METER REPLACEMENT BIDS: Mr. Hicks reported that only one bid was received. Jack Owens and Company bid $10,968. Mr. Hicks had estimated the project to cost approximately $14,000. Mr. Clark added that the meter and manhole have been purchased. The Town, since 1999, has been billing a minimum usage bill. The new meter will give an exact flow. Upon motion of Mr. Clay, seconded by Mr. Warren and vote of 7 AYES and 0 NOES, the bid was accepted.
TURBIDITY SITUATION ON TOWN SPRINGS: Mr. Hicks stated that the problems with the Town Spring were most likely caused by the recent earthquakes in the Pacific Ocean. The springs should be back in operation within the week.
RESOLUTION SUPPORTING MT ROGERS PDC ON REGIONAL WATER PLANNING: Mr. Heath moved to continue this item to the May 25 Budget Workshop Meeting. The motion was seconded by Mr. Clay. Mr. Leaman stated that Mt. Rogers should provide more information and the May 25th meeting would not be enough time to gather the information. Mr. Heath and Mr. Clay rescinded their motions. Upon motion of Mr. Leaman, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, this item was continued to the next regular council meeting.
VML REGIONAL MEETING: Mayor Helms informed Council the VML Town Section Regional Meeting is on June 9, 2006 at the Martha Washington Inn in Abingdon, VA.
VDOT REVENUE SHARING UPDATE: Mr. Clark stated that more money has been allocated in the 3 year project than anticipated. These additional funds could be used for street light upgrade and extra paving.
REPORT ON INSURANCE PROPOSALS: Mr. Hendrick stated that an unsolicited property and casualty insurance bid was received. The Town currently has property and casualty insurance coverage with VML Insurance; however, the deductibles are low. The premium will recede if deductibles increase. Currently the deductibles are $250/$500, they will increase to $500/$1,000 and the yearly premium will decrease $10,135, making the Fiscal Year 2006-2007 quote from VML, $78,922. Upon motion of Mr. Heath, seconded by Mr. Hendrick and vote of 7 AYES and 0 NOES, the Town will remain with VML insurance coverage including reduction in premium for the next fiscal year. Messrs Hendrick, Heath, Clay, Leaman, Cregger, Warren and Dr, Gates voted affirmatively.
REQUEST FROM MARION MIDDLE SCHOOL; DESTINATION IMAGINATION TEAM: Dr. Gates informed Council that no funds have been disbursed to the Middle School for this fiscal year. Mr. Kyle Rhodes, Principal, has requested the funds to be disbursed. Upon motion of Dr. Gates, seconded by Mr. Warren and vote of 7 AYES and 0 NOES, the allocated amount of $750 will be paid to Marion Middle School and used at the school’s discretion.
REVIEW OF LEGISLATION TO CHARGE FOR EMERGENCY FIRE SERVICES: Upon motion of Mr. Warren, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, this item was continued.
ARCHITECHURAL REVIEW BOARD PROPOSAL: The Planning Commission met on Monday, May 8, 2006, to consider the Architectural Review Board proposal. Upon motion of Mr. Hendrick, seconded by Mr. Warren, and vote of 6 AYES, 0 NOES and 1 ABSTENTION (Heath), Public Hearing is scheduled on June 2 to address Architectural Review Board Proposal.
LINCOLN THEATRE: Mr. Heath informed Council that the barricades set in the alley behind the Lincoln Theatre will be removed.
CARE OF PREMISES: Mr. Heath stated that there are two properties on South Church Street which are grown up and dilapidated and in need of care. He suggested the Ordinance Committee meet to review care of property and mowing regulations in the Town Ordinance.
OLDER AMERICAN’S DAY: May 19, 2006 is Older Americans Day and Park and Church Streets will be closed from 10:00 a.m. to 2:00 p.m. Upon motion of Mr. Warren, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, the streets are to be closed from 10:00 a.m. to 2:00 p.m. on May 19, 2006.
SAFER GRANT-MVFD: Mr. Heath explained this is a grant to fund paid firefighters. It is a five (5) year grant. This first year is at no cost to the Town, after four (4) years the locality would be required to incorporate the position(s) to full time employment. Upon motion of Dr. Gates, seconded by Mr. Leaman, and vote of 6 AYES, 0 NOES and 1 ABSTENTION (Heath), this item was continued. Messrs Hendrick, Clay, Leaman, Warren, Cregger and Dr. Gates voted affirmatively and Mr. Heath abstained.
PREPARATION OF DEEDS, VARIOUS PROPERTIES: Mr. Fenyk reported the proposed Prater Lane property deed has been sent to John Tate, attorney for the property owners, and is awaiting a response. The deeds under review for Smyth County Habitat for Humanity and the Buck family are still under review and MRPDC has asked for additional time.
LEE STREET PROJECT UPDATE: Mr. Hicks reported that Lee Street will be closed to both lanes of traffic for 2 to 3 weeks so that the bridge can be removed and then replaced.
VA GAME AND INLAND FISHERIES: Mayor Helms reported that he attended the ground breaking of the site at Route 16 named in honor of Mr. McCoy from Lee County.
STEP REPAIRS: Mr. Cregger expressed his approval for a job well done on replacing the front steps of 144 W. Main Street previous site of the Marion Police Department.
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 in to Closed Session to discuss the sale 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 Closed Session. Mr. Heath seconded the motion. Council approved the same by vote of 7 AYES and 0 NOES. Messrs Hendrick, Warren, Cregger, Leaman, Heath, Clay and Dr. Gates voted affirmatively.
SALE OF 427 N MAIN STREET ( OLD HAPPY’S BUILDING)- Upon motion of Mr. Cregger, seconded by Mr. Warren, and vote of 7 AYES and 0 NOES, Council designated the Town Manager and Town Attorney to produce a Real Estate Purchase Agreement. The purchaser will sign the agreement within seventy-two (72) hours of receipt of the document and must pay 10% down ($10,800) at the time of signing. The building will be sold as is and all interior equipment belonging to Mr. Hounshell will be negotiated with Mr. Hounshell directly. The balance is to be paid in full within forty-five (45) days of signing of the agreement at which time the deed will be executed.
Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the meeting was adjourned.