PRESENT: Mayor David Helms; Eugene Hendrick, Mel Leaman, Herbert Clay, Mark Warren, Dr. James Gates and Mrs. Suzanne Jennings, Council Members; Town Manager John E. B. Clark, Jr.; Assistant Town Manager/Town Engineer Cecil Hicks; Police Chief Michael Roberts; Town Attorney Mark Fenyk; Purchasing Agent B. J. Hamm; and Town Clerk/Director of Finance Dixie O. Sheets.
VISITORS: Jeff Spickard
INVOCATION/PLEDGE TO THE FLAG: Mr. Hicks rendered the invocation. Mayor Helms led the Pledge to the Flag.
MINTUES: Upon motion of Mr. Clay, seconded by Mrs. Jennings, and vote of 6 AYES and 0 NOES, the minutes of the meeting held 10/2/06 were approved as written and distributed. Messrs Hendrick, Leaman, Clay, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.
TEA-21 VDOT APPLICATION: Mr. Clark informed Council that Mr. Heath and MRPDC have prepared an application for a TEA-21 grant in the amount of $422,963.20. The grant requests funding for the following:
| Streetscape Phase II | $306,712.00 | -0- |
| Parking | -0- | 77,800.00 |
| Administration | 19,225.60 | 19,225.60 |
Mayor Helms opened the Public Hearing. There was no public comment. Upon motion of Mr. Warren, seconded by Mr. Clay and vote of 6 AYES and 0 NOES, permission was granted to apply for the TEA-21 grant funds and the following Resolution was adopted. Messrs Hendrick, Clay, Warren, Leaman, Dr. Gates and Mrs. Jennings voted affirmatively.
WHEREAS, in accordance with Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be received from the local government or state agency in order that the Virginia Department of Transportation Program of an Enhancement project in the Town of Marion.
NOW, THEREFORE, BE IT RESOLVED, that the Town of Marion, requests the Commonwealth Transportation Board to establish a project for the Streetscape Phase II, Redevelopment of Unused County-owned lot, to include resurfacing, landscaping, lighting and striping.
BE IT FURTHER RESOLVED, that the Town of Marion hereby agrees to pay a minimum 20 percent of the total cost for planning and design, right of way, and construction of this project, and that, if the Town of Marion subsequently elects to cancel this project the Town of Marion hereby agrees to reimburse the Virginia Department of Transportation for the total amount of costs expended by the Department through the date the Department is notified of such cancellation.
ADOPTED this 19th day of October, 2006 by Marion Town Council.
REPORT ON PRESENTATION TO THE SMYTH COUNTY BOARD OF SUPERVISORS ON SEWER METERS: Dr. Gates reported that the presentation to the Smyth County Board of Supervisors on disposition of the sewer meters went well. The Board was attentive and Sewer Treatment Superintendent Donnie Coley was present to address the technical questions asked by the Board members.
GRANT AWARDS FROM MT. ROGERS PLANNING DISTRICT COMMISSION-WATER/WASTEWATER FUND: Mr. Clark advised that MRPDC has recommended the Town of Marion for two (2) Southwest Virginia Regional Water/Wastewater Construction Grants for a Waterline Extension in the amount of $31,127 and $33,250 for the construction of a Bulk Storage Unit at the Water Treatment Plant. The funds will be administered thru MRPDC and require a match of 50%.
SLUDGE MANAGEMENT PLAN: It was reported that the Sludge Management Plan has been approved and land application in Rich Valley at the Waddell farm will begin the week of November 6.
PROPOSED TOURISM ASSOCIATION –BY- LAWS: The Town Council had received a copy of the proposed Tourism Association By-Laws. Smyth County, Saltville and Chilhowie Boards are also reviewing the document. Mr. Clark stated that he could not recommend the document due to the make-up of the Board as stated in Article III, Section 1. He felt that it would be difficult to secure a quorum. He suggested an increase in the at-large Board Members to three (3) or more than one representative from each locality. Discussion ensued. Mrs. Jennings moved that it be recommended that Article III, Section 1 be amended that the Board consist of 9 members, 4 elected officials (one from each locality) and 5 at-large members from different tourism amenities.
Mr. Clay was uncomfortable with the designation of a “President” and a “Director”. Mr. Fenyk advised the term “President” may be changed to “Chairman of the Board of Directors”. This was more acceptable to the Town Council.
REPORT FROM PLANNING COMMISSION-REQUEST TO REZONE PROPERTY ON NORTH MAIN STREET-DONALD JONES: Mr. Donald Jones, represented by Laura Sturgill, had requested a parcel of property be rezoned from R-2 to CG to accommodate a prospective buyer for the property. The Marion Planning Commission reported that this matter was continued to the next scheduled Planning Commission meeting on November 13, 2006 to review a preliminary site plan to construct a Holiday Inn Express consisting of 4 floors, 65-75 rooms. The property is approximately 7 acres. Mr. Hicks advised that the developer has hired a local architect to assist him with this project.
ACCOUNTS: Mr. Leaman moved that the accounts be paid in the amount of $617,348.03. Mr. Clay seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES. Messrs Hendrick, Leaman, Clay, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.
INVESTMENTS: There were no investments to report for this period. Upon motion of Mrs. Jennings, seconded by Mr. Clay, and vote of 6 AYES and 0 NOES, the report was accepted. Messrs Hendrick, Leaman, Clay, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.
APPROVAL OF FLU SHOTS: Purchasing Agent B. J. Hamm reported that on-site flu shots have been given to any Town of Marion employee and volunteer in the past and if Council wishes to provide this service again this year, a date and time may be scheduled. Last year 37 employees and volunteers chose to take the vaccine. Upon motion of Mr. Leaman, seconded by Mr. Warren and vote of 7 AYES and 0 NOES, Mr. Hamm was granted permission to schedule flu shots for Town of Marion employees and volunteers.
DEPARTMENT OF CRIMINAL JUSTICE SERVICE GRANT INVOLVING ALL JURISDICTIONS IN SMYTH COUNTY – CHIEF ROBERTS: Chief Roberts reported that he had been contacted by Sheriff David Bradley and Diane Spence about the possibility of the County and three towns partnering in a DCJS grant application. The application would request funding for the equipment and installation of Mobile-Pak. Mobile Pak would allow officers to communicate with each other, receive calls, run automobile tags, check wanted persons and check driver’s licenses from their police cars. The information would be transmitted onto the Police Department in-car lap-top computers.
The estimated cost of the Mobile-Pak is $67,585. This is a 75% grant with a 25% local match. The Town of Marion’s portion would be $4,082.
Kim Vanhoy, IT Specialist for Smyth County was present to respond to technical questions. She explained the concept. It was further noted that there would be an ongoing cost of approximately $40 per cell card needed for each unit. Chief Roberts added that the Police Department has discontinued the use of cellular telephones and that would save the Department $1,500-$2,000. Ms. Vanhoy stated that the estimates may go down. The County will negotiate the entire contract with Southern Software and will be broken down into the amounts for each locality. The Town of Saltville and Smyth County have already endorsed the grant application.
Upon motion of Dr. Gates, seconded by Mr. Leaman and vote of 6 AYES and 0 NOES, Council approved that a Letter of Support be drafted for the Department of Criminal Justice Service Grant in conjunction with the Towns of Saltville, Chilhowie and Smyth County.
REQUEST FROM WATER DEPARTMENT ON SERVICE CHARGES: Mrs. Sheets informed Town Council that considering the use of vehicles, gas, and often overtime, the current charges ($10) do not cover the cost of disconnection and reconnection of water services. She requested that Council review the service charges. Upon motion of Mr. Leaman, seconded by Mrs. Jennings, and vote of 6 AYES and 0 NOES, this item was referred to the Ordinance Committee for study and recommendation.
EQUIPMENT COMMITTEE-RESULTS ON BACKHOE BIDS: Mr. Hamm reported that the apparent low-bidder, Lawrence Construction, on the back-hoe had to withdraw his bid due to encroachment into other “CASE territory”. The next lowest bidder was Contractor’s Machinery Tri-Cities, Inc. of Johnson City, TN. Mr. Hamm negotiated with the Company to honor the bid submitted in the amount of $56,781. The only other bidder did not meet the specifications identified in the bid document. Upon motion of Mr. Leaman, seconded by Mrs. Jennings, and vote of 6 AYES and 0 NOES, the purchase of the backhoe was awarded to Contractor’s Machinery Tri-cities, Inc. of Johnson City, TN in the amount of $56,78l. Messrs Hendrick, Leaman, Warren, Clay, Dr. Gates and Mrs. Jennings voted affirmatively.
REAL ESTATE COMMITTEE-REQUEST TO PURCHASE HAMLET STREET PROPERTY FROM THE TOWN BY DONALD SMITH: Mr. Warren reported that it is the recommendation of the Real Estate Committee that the property not be sold and Mr. Warren so moved. The motion was seconded by Mrs. Jennings and carried by a vote of 6 AYES and 0 NOES.
REAL ESTATE COMMITTEE-ROOF AT SENIOR CITIZEN CENTER: Mr. Warren reported that three (3) bids were submitted under the specifications of the Town. Three options were bid, including roofing the entire building. He suggests that the Town re-bid the project with a change in the material to be used. A lengthy discussion ensued. An in-house estimate from Lee Farmer on using shingles to repair the roof has not been received. Mr. Clay suggested that the portion of the roof be repaired and that the entire roof replacement be budgeted for next year. Mr. Warren moved that due to the time frame and winter impending, the repairs be made in-house and the roof replacement be considered during the 2007-2008 budget process. Mr. Leaman seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES.
TOWN UPLIFT COMMITTEE-POTENTIAL BOUNDARY ADJUSTMENT: This item was to be discussed during closed session.
WATER STORAGE TANK AT DEPARTMENT OF CORRECTIONS: Upon request of Mr. Fenyk, this item was continued.
ABANDONED VEHICLES: Mr. Clay moved that the Ordinance Committee review the ordinance and consider clarification and possibly strengthening of the Ordinance. Mrs. Jennings seconded the motion. Council approved the motion by a vote of 6 AYES and 0 NOES. Officer McNew will be invited to the meeting.
FIRE DEPARTMENT-SUBMISSION OF CLAIMS TO INSURANCE COMPANIES FOR COVERED CALLS: Upon motion of Mr. Clay, seconded by Mr. Warren and vote of 6 AYES and 0 NOES, the Fire Committee will again review the possibility of submitting claims to insurance companies for covered fires.
PAVING: Mrs. Jennings stated that residents in the Atkins Woodland section have expressed their appreciation for the recent paving in that area.
VIRGINIA MAYOR’S INSTITUTE: Mr. Hendrick expressed appreciation for being allowed to attend the Virginia Mayor’s Institute in Charlottesville, prior to the Annual VML Meeting. He reported that the meeting was most informative. The program stressed the “Public’s Right to Know” concept. Other topics included personnel relationships, relationships with staff, citizen’s and co-workers, visioning and goal setting.
VIRGINIA MUNICIPAL LEAGE ANNUAL CONFERENCE REPORT: Mr. Hendrick reported that the program included Transportation updates and new criteria for grant funding, based upon the localities ability to increase their paid percentage.
A session was presented on the change in Communications Taxes. Effective 1/1/07, all local communications taxes will end on utilities. A five percent (5%) tax will be collected by the state and passed thru to the localities. Localities were urged not to repeal the related Ordinances, pending review of this program. Ms. Sheets informed Town Council that the appropriate documents have been submitted to the Commonwealth and were reviewed by and signed off on by Patricia Belcher, of Albano and Associates.
Another issue discussed was considering the adoption of a Model Ordinance with regard to Franchise Fees.
MAIN STREET: Mayor Helms reported that Bristol, Abingdon, and Christiansburg have visited our Downtown area recently.
MSHS CLASS OF 1956: Mayor Helms reported that he attended the 1956 Class Reunion and they were very complimentary of the Downtown area.
FUTURE OF ELECTRIC RATES IN VIRGINIA: Mr. Fenyk reported that VML recommends that localities pass a Resolution in support of going back to regulation of electrical utilities. The deregulation has not made the field more competitive but increased the profit margin for those monopolies 40%-50%. The deregulation becomes final and irreversible 12/31/2010. Upon motion of Mr. Clay, seconded by Mrs. Jennings, and vote of 6 AYES and 0 NOES, Mr. Fenyk was asked to prepare a draft resolution in opposition to deregulation of electrical utilities.
GENERAL ASSEMBLY: Mayor Helms reported that, according to Governor Kaine, the 2006 Session was the longest in history and accomplished nothing. He asked that localities contact their representatives concerning this issue.
LEGISLATIVE DAY: Legislative Day has been set on February 1, 2007.
CLOSED SESSION: Pursuant to Code of Virginia, as amended, Section 2.2-3711(A7) and upon motion of Mr. Hendrick, seconded by Mr. Clay and vote of 6 AYES and 0 NOES, Town Council entered into Closed Session for the purpose of discussing legal advise with possible boundary adjustment and possible litigation concerning sewer meters. Mr. Hendrick moved that Town Council return to Open Session and that it be known that only those matters legally exempted from Open Session and identified in the motion were discussed during the Closed Session. The motion was seconded by Mr. Clay and carried by a vote of 6 AYES and 0 NOES. The Town Clerk polled the Council Members. Messrs Hendrick, Leaman, Clay, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.
Upon motion, duly seconded and vote of 6 AYES and 0 NOES, the meeting was adjourned.