PRESENT: Mayor David P. Helms; Eugene Hendrick, Mel Leaman, Suzanne Jennings, Ken Heath, Herbert Clay, Mark Warren and Dr. James Gates, Council Members; Town Manager John E. B. Clark, Jr.; Town Attorney Mark Fenyk; Police Lt. Rex Anders; Police Sgt. Shawn Conklin; Assistant Town Manager/Town Engineer Cecil Hicks and Town Clerk/Director of Finance Dixie Sheets.
MINUTES: Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the minutes of the Council Meeting conducted on 7/17/06 were approved as written and distributed. Messrs Hendrick, Leaman, Heath, Clay, Warren, Dr. Gates, and Mrs. Jennings voted affirmatively.
VISITORS: John H. Tate, Dale Blevins, Barbara DeBord, Jeff Spickard, Dan Kegley, Dave Fields.
APPROVAL OF PAY REQUEST ON WATER TREATMENT PLANT PROJECT: Pay Request Number 4, for the Water Treatment Plant Upgrade, has been submitted in the amount of $96,833.33. This includes $96,656.89 for General Construction and $l76.44 for Admin/Legal. Upon motion of Mrs. Jennings, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, $96,833.33 was approved for payment on the Water Treatment Plant. Messrs Hendrick, Heath, Clay, Warren, Leaman, Dr. Gates and Mrs. Jennings voted affirmatively.
WATER TREATMENT PLANT – CONCRETE PROBLEM: Mr. Spickard reported that the contractor has proposed the use of a high strength concrete repair patch & seal on the concrete problem on the project. The structural engineer approves of this solution. Mr. Spickard stated that there is a one (1) year warranty on the concrete. Dr. Gates expressed concern on the future cost of resealing the concrete and what extended warranty the Town may expect. Mr. Spickard will ask the contractor to “bond” for a future repair.
REPORT ON LEE STREET PROJECTS: Mr. Hicks reported that the bridge will be installed this week. He stated that it will be some time before the project is complete.
Mr. Hendrick reported that a manhole is missing in the Lee Street area near Hardees. This will be replaced.
REQUEST FROM JOHN H. TATE ON CLOSING YEW STREET: Representing Dale Blevins and Betty H. Daniel, John H. Tate requested closure of unopened, designated, Yew Street. Upon motion of Mr. Heath, seconded by Mr. Clay, and vote of 7 AYES and 0 NOES, this item was referred to the Street Committee for study and recommendation. It was noted that Mr. Blevins is in possession of a written agreement by the Beattie family giving their portion of the street to Mr. Blevins, in the event that Yew Street is closed.
REQUEST FROM CHAMBER OF COMMERCE TO RELEASE FUNDS FROM TOURISM AUTHORITY: A written request had been received from the Chamber of Commerce of Smyth County, Inc. President Dustin Powers, that the proposed Smyth County Tourism Association, Inc. funds allocated by the municipalities, specifically for tourism, be released. Mr. Clark stated that the amount was paid to the Chamber, over a two (2) year period, for the proposed Tourism Commission in an amount of approximately $12,000 (Additional $1 per capita). Barbara DeBord, Executive Director of the Smyth County Chamber of Commerce, was present. She provided a statement from Wm. Corky Sheets, CPA, stating the Smyth County Tourism Association, Inc. may qualify for 501(c ) (3) status or another type of exempt status. Members of Town Council expressed concern of approving the transfer of funds until the following issues are met: 1) Approval by the State Corporation Commission; 2) 501(c) (3) Designation by the IRS; 3) Review of the Articles of Incorporation and By Laws of the Smyth County Tourism Association, Inc. (in particular, address a declaration with regard to a statement that no religious affiliation is included in the Corporation). Upon motion of Mr. Heath, seconded by Mr. Clay, and vote of 7 AYES and 0 NOES, this item was continued until the three (3) issues mentioned above are met.
TOURISM-PUBLIC COMMENT-DAVE FIELDS: Mr. Fields asked if specific information must be addressed in the Articles of Incorporation for the Smyth County Tourism Association, Inc. Mr. Fenyk suggested that an amendment to the Articles could be filed if the Association so desires. He further noted that declaration concerning religious affiliation is not required to acquire an IRS 501-(c )(3) designation.
REVIEW OF DUMP CLOSURE & CLOSURE CARE TERMINATION MEETING: Mr. Hicks reported that he met with Matt Moore & Brad Blase, SCS Engineers and Jim Stump, Linda Stull, and Vince Maiden of DEQ-SWRO to discuss the Post Closure Care of the Former Town Dump located at the end of Matson Drive. DEQ explained the conditions of closure and procedure. Mr. Hicks reported that he will prepare a statement affirming biannual inspections since 1993. Also a survey of the dump area will be performed and necessary deed notations addressed. Mr. Clay moved that the survey be performed at a cost not to exceed $900. Mr. Heath seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES.
STREET COMMITTEE-REQUEST FOR STOP SIGN AT INTERSECTION OF EAST COYNER AVENUE AND HENRY STREET: Mr. Hendrick reported that the Street Committee sees no need for an additional stop sign at this intersection. Coyner Avenue is a thru street and there are stop signs on the Henry Street sides at this intersection. Mr. Hendrick moved that the request be denied. Mr. Heath seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES.
STREET COMMITTEE-REPORT ON DANGER AT CROSS-WALKS ON MAIN STREET: Mr. Hendrick thanked Mr. Dan Kegley of the Smyth County News and Messenger for his assistance in bringing awareness to this problem by a front page story in our local newspaper. Council members also discussed additional signs to advise drivers to stop for pedestrians in the crosswalks.
FINANCE COMMITTEE-RECOMMENDATION ON REQUEST OF $150 FROM EAGLE SCOUT CANDIDATE HUNTER SHIELDS: Dr. Gates reported that a private citizen has made this donation and moved that the item be dropped from the agenda. Mr. Leaman seconded the motion. Council approved the motion unanimously.
FINANCE COMMITTEE-REQUEST FROM MRHA-PAYMENT IN LIEU OF TAXES: Upon motion of Dr. Gates, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, this item was continued, pending a meeting with Mr. Harrington and the Finance Committee.
PERSONNEL COMMITTEE-ADJUSTMENT IN LANGUAGE OF MARION PERSONNEL POLICY MANUAL SECTION 4.05 WITH REGARD TO PROBATIONARY PERIOD: Dr. Gates moved that this item be continued. Mr. Leaman seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES.
SMYTH COUNTY COURTHOUSE RENOVATION: Mr. Clay reported that a contract with Mosley Architects will provide a site plan and schematic. The process is underway.
Also, Smyth County has accepted the partial street closure of Court Street directly behind the Court House and will provide necessary documents to be recorded.
PERSONNEL POLICY – MILITARY TRAINING LEAVE: Mr. Clay stated that the Town’s Policy with regard to Military Training Leave (Town Personnel Manuel Section 5.12) should be reviewed by the Personnel Committee. The current policy states that the Town will pay the difference between the employee’s regular pay and the pay received on active duty upon receipt of adequate documentation.
FIRE DEPARTMENT AGREEMENT: Upon motion of Mr. Warren, seconded by Mr. Heath, and vote of 7 AYES and 0 NOES, the following Agreement was approved:
MARION, VIRGINIA FIRE DEPARTMENT AGREEMENT
WHEREAS, The Marion Volunteer Fire Department is interested in raising money and restoring the antique hose reel owned by the Town of Marion;
AND WHEREAS, the Town of Marion is interested in allowing the Marion Fire Department to restore the antique hose reel owned by the Town of Marion.
IT IS THEREFORE MUTUALLY AGREED that the Town of Marion will retain ownership of the antique hose reel, it will remain at the Marion Fire Station, and the Town of Marion will not remove or dispose of the antique hose reel without the mutual agreement of the Marion Fire Department.
The Marion Fire Department and the Town of Marion hereby agree to the following:
1. The Town of Marion will retain ownership of the antique hose reel; and
2. The Marion Fire Department will continue restoration of the antique hose reel as time and funds permit; and
3. The Marion Fire Department will display the antique hose reel inside the Marion Fire Station.
(SIGNED)
David P. Helms, Mayor
RIVERWALK MAINTENANCE: Mr. Leaman presented a letter from Ms. Shirley Blackwell of Grassroots Conservancy, Inc. regarding the maintenance on the Riverwalk and Civitan Park. Suggested maintenance includes cutting of brush, removal of certain trees, update of tree identification, milling material on the path, planting of flowers and planting of certain shrubs. It was also suggested that the Town install appropriate signs regarding rules for the parks. Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, Council approved the use of milling material on the Riverwalk.
NEWLY ELECTED TRAINING: Mrs. Jennings reported that she attended Newly Elected Training held in Williamsburg, VA. She found the training to be very informative.
PAVING: Mr. Hendrick reported that the Street Committee and Mr. Hicks have begun to prepare the fall paving schedule. $40,000 is budgeted for paving. Mr. Clark noted that the Town is participating in the 50%-50% VDOT Revenue Sharing Program in the amount of $100,000 with a Town match of $100,000. However, the Town staff has had difficulty communicating with the Program and Mr. Clark suggested that before a contract for paving is signed, there should be a written commitment from VDOT R/S. However, Mr. Clark reminded Council that the Revenue Sharing Program cannot be counted toward the Town’s allotted Highway Maintenance Funds.
PATRIOT’S DAY SPEAKER: Mr. Heath asked that Town Council submit suggestions for a Speaker for the Annual Patriot’s Day Celebration.
REQUEST TO CLOSE IRON STREET FOR COMMUNITY FUN DAY-MT. ZION TEMPLE: It was noted that the request is to close Iron Street from Hill Street to High Street. Upon motion of Mr. Heath, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, this matter was referred to the Police Department.
CARNEGIE SCHOOL REUNION: Mayor Helms reported that the participants of the Carnegie School Reunion expressed their appreciation during their recent stay in Marion. Also, a very nice “Thank You” card was received from Mrs. Evelyn Lawrence.
MEMORIAL DAY PROGRAM: The Memorial Day Program was very nice. Mayor Helms added that next year the VFW would like to have a parade and include the youth of our community.
RELAY FOR LIFE: The Relay for Life Fund Raising Event went very well again this year.
MARION TRANSIT: Mayor Helms expressed the Town’s appreciation to District III Governmental Cooperative and Marion Transit for their assistance in transporting citizens to Hungry Mother State Park during the Festival. According to their records, 3,941 citizens were transported.
SONG OF THE MOUNTAINS: Mr. Heath reported that 26 stations are now carrying the Song of the Mountains Programming produced at the Lincoln Theatre.
WATER TANK AT THE DEPARTMENT OF CORRECTIONS: Mr. Fenyk stated that he has had correspondence from the Attorney General’s Office concerning the transfer of this property back to the Commonwealth. He requested an Ordinance Committee meeting to draft an Ordinance to address the fact that the Town had met all Federal, State and Local Rules and Regulations for the declaration of surplus property and transfer of the same to the Commonwealth. Upon motion, duly seconded and vote of 7 AYES and 0 NOES, this item was referred to the Ordinance Committee.
CAMPBELL AVENUE PROJECT: Mr. Clark reported that Rural Development has notified the Town of the completion of this project. Cyndy Buck advised the Town that $33,988.55 was deposited in the Towns account on 7/31/06. These funds are left over from the project which was funded by the Appalachian Regional Commission and matched by the Town of Marion and Smyth County. He further added that the balance of the funds constitutes 32.25% of the front end loader purchase price. Mr. Clark requested that the amount be applied to the front end loader, which costs $105,404.00.
Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the meeting was adjourned.