PRESENT: Mayor David P. Helms; Eugene Hendrick, Mel Leaman, Suzanne Jennings, Herbert Clay, Ken Heath, Mark Warren and Dr. James Gates (arriving late), 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; Jay Hubble, Cameron Wolfe and Larry Carter, Planning Commission Members.
INVOCATION/PLEDGE TO THE FLAG: Mr. Warren rendered the invocation. Mayor Helms led the Pledge to the Flag.
VISITORS: Dave Fields, Jeff Spickard, Fred Perdue, Scott Pardue, Sarah Pardue, Scott Cleveland, Jeff Jones, Ashley Jones, Arlen Taylor, John Williams, Susie Burkett, Ann Mutter, Ricky Porter, Travis Hill, Eric Pennington, Edna Pennington, Willis Bridgeman, Vickie Bridgeman, Robert Bridgeman, Crystal Pauley
MINUTES: Upon motion of Mr. Clay, seconded by Mrs. Jennings and vote of 6 AYES and 0 NOES, the minutes of the meeting held March 5, 2007 were approved as written. Messrs Hendrick, Clay, Warren, Leaman, Heath and Mrs. Jennings voted affirmatively.
JOINT PUBLIC HEARING WITH MARION PLANNING COMMISSION ADDING TAXICAB STANDS AS PERMITTED USE IN C-G AND C-L AND AS SPECIAL USE IN C-D AND I-G: Mr. Hicks informed Council when permitting Taxicab Stands, the Town of Marion Zoning Ordinance does not address the business and the locations that are permitted uses and the designated areas for special use. Chairman Hubble opened the Public Hearing. There was no public comment. Upon motion of Mr. Wolfe, seconded by Mr. Carter and vote of 3 AYES and 0 NOES, the Public Hearing was closed.
PUBLIC HEARING-RELOCATION OF RED BIRD TAXICAB STAND: Mayor Helms opened the Public Hearing. Chief Roberts recommended a favorable review of relocating Red Bird Taxicab Stand to 121 Pendleton Street. There was no public comment. Mayor Helms closed the Public Hearing. Upon motion of Mr. Leaman, seconded by Mr. Warren, and vote of 5 AYES and 1 ABSTENTION (Heath), Council approved relocation of Red Bird Taxicab Stand to 121 Pendleton Street.
RECOMMENDATION OF PLANNING COMMISSION AND RESOLUTION BY COUNCIL FOR PERMITTED AND SPECIAL USE OF TAXICAB STANDS: Upon motion of Mr. Leaman, seconded by Mrs. Jennings and vote of 6 AYES and 0 NOES, Taxicab Stands will be added to the Town of Marion Zoning Ordinance Appendix A Matrix as Permitted Use in Commercial Limited and Commercial General and as a Special Use in Commercial Downtown and Industrial General with the following definition: Taxi Stands-Area on private property where taxicabs are dispatched, parked and/or garaged. Mr. Hicks added that City Cabs, Mr. Smith, must now apply for a Special Use Permit in order to have walk in customers at his business. Chief Roberts will coordinate with Mr. Smith.
Dr. Gates arrived.
CONSIDERATION OF JOINT APPOINTMENT TO AIRPORT COMMISSION FOR MR. BOB DIX: Mr. Clay stated that the Ordinance Committee met and it was determined that joint committee appointments do not fall under the Town of Marion ordinance for term limitations. The opinion of the committee is that the Ordinance was designed for only Town of Marion committee and commission term limitations. Mr. Fenyk stated that the Ordinance may be interpreted that all town committees have term limitations. After some discussion and upon motion of Mr. Clay, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, Mr. Bob Dix was re-appointed to the Airport Commission. Mr. Warren added that the Ordinance needs to be clearer in its interpretation.
CONSIDERATION OF BIDS ON RETAINING WALL ON ROUTE 16 SOUTH, STALEY CREEK: Ken Construction Co., Inc. had the only bid for the project with a bid of $47,077.00. The project will be to replace the existing stone retaining wall on the west side of South Commerce Street. The length of the wall will be approximately 35-40 feet with an average height of 11 feet. The job should be completed within 60 days. Upon motion of Mr. Heath, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, Council accepted the bid from Ken Construction Co., Inc.
RECREATION COMMITTEE APPOINTMENTS: Dr. Gates informed Council that the Committee and the Recreation Director met and determined that the five appointments would have staggered terms. Jill Robinson-2 year term, Bobby Gilbert-2 year term, Tonya Billings-1 year term, Kathy Blevins-1 year term and Victor McCready-1 year term. Upon motion of Dr. Gates, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, Council accepted the appointments to the Recreation Committee.
PLANNING COMMISSION APPOINTMENTS: Two Planning Commission appointments will expire March 31, 2007-Mr. Hubble and Mrs. Bennett. Mrs. Bennett has declined to be re-appointed. Upon motion of Mr. Leaman, seconded by Mr. Warren, and vote of 7 AYES and 0 NOES Council re-appointed Mr. Jay Hubble to serve another term on the Marion Planning Commission.
ACCOUNTS: Upon motion of Mr. Clay, seconded by Mr. Heath, and vote of 7 AYES and 0 NOES, the accounts were approved for payment in the amount of $627,165.66. Messrs Hendrick, Heath, Clay, Warren, Leaman, Dr. Gates and Mrs. Jennings voted affirmately.
INVESTMENTS: Mr. Warren moved that the Investment Report be approved as presented. Mrs. Jennings seconded the motion. Council approved the same unanimously. Messrs Hendrick, Heath, Clay, Warren, Leaman, Dr. Gates and Mrs. Jennings voted affirmatively.
REQUEST CONCERNING WEST SIDE OF NORTH CHURCH STREET-BILL AND LINDA HUBER: Upon motion of Mr. Warren, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, this item was referred to the Water and Sewer Committees.
CONSIDERATION OF BIDS FOR WASHINGTON AVENUE WATER LINE: Mr. Spickard informed Council that two bids had been submitted:
King General Contractors
| Base Bid- | 2 Waterline-6 Casing | $110,904.00 |
| Alternate Bid #1- | 2 Waterline-12 Casing | $196,643.50 |
| Alternate Bid #2- | 6 Waterline-12 Casing | $203,193.50 |
Toney Construction Inc.
| Base Bid | 2 Waterline-6 Casing | $ 80,900.00 |
| Alternate Bid #1- | 2 Waterline-12 Casing | $110,650.00 |
| Alternate Bid #2- | 6 Waterline-12 Casing | $153,550.00 |
A $31,126. Grant from Mt Rogers PDC will come off the top amount of the bids and the bids are good for 60 days. Dr. Gates stated that the base bid meets the Towns needs and the Town would not get any tax revenues only water revenues. The countys needs would be met by alternate bid #1. Upon motion of Dr. Gates, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, the bids will be referred to Smyth County before Town approval.
CONSIDERATION OF BIDS FOR BULK STORAGE UNIT AT WATER TREATMENT PLANT: Mr. Spickard informed Council that four bids had been submitted:
D B Ashbrook & Co.
| Base Bid | $115,493.00 | Deduct Alternate #1-Wood Stud Wall/Vinyl Siding | $ 1,371.00 |
| Base Bid | $122,101.00 | Deduct Alternate #1-Wood Stud Wall/Vinyl Siding | $ 3,000.00 |
| Base Bid | $156,770.00 | Deduct Alternate #1-Wood Stud Wall/Vinyl Siding | No Bid |
| Base Bid | $174,000.00 | Deduct Alternate #1-Wood Stud Wall/Vinyl Siding | $ 6,000.00 |
A $33,500. Grant from Mt. Rogers PDC is available for this project. Mr. Spickard stated that the bids are good for 60 days and could be held to the next Council meeting to see how the WTP Project is progressing. Upon motion of Dr. Gates, seconded by Mr. Warren and vote of 7 AYES and 0 NOES, staff will negotiate with the low bidder and report back to Council at the next meeting.
SITUATION ON TOWN DUMP: Mr. Hicks informed Council that he had met with Mr. Jim Stump, Department of Environmental Quality, to discuss the closure if the town dump. According to Mr. Stump, and in order to close the dump another round of gas monitoring must be completed, existing monitoring wells (4) must be abandoned on the site and a Public Hearing must be set.
APPOINTMENT TO TOURISM BOARD: Mayor Helms asked Council to appoint a representative to the Tourism Board. Upon motion of Dr. Gates, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, Council appointed Mayor Helms. Mayor Helms stated that effective 3-31-07; the Chamber will no longer be responsible for the Tourism Boards finances. The Board is now in the process of constructing By-laws and Mayor Helms will present them to Council when completed.
ORDINANCE COMMITTEE APPOINTMENTS: Mr. Clay stated that term limits need to be addressed in the Ordinance and requirements and criteria that a taxicab driver should meet in order to operate a vehicle should be addressed. Upon motion of Mr. Clay, seconded by Mr. Hendrick and vote of 7 AYES and 0 NOES, these items will be continued until the Attorney can draft ordinances changes.
OLD ATMOS BUILDING-REAL ESTATE COMMITTEE: Upon motion of Mr. Warren, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, this item was continued.
DISTRICT III USED VEHICLE SALE: Mr. Hendrick informed Council that the vehicle list has been completed and the Town may want to consider possibly purchasing a bus for the Sr. Citizens Center.
Mr. Heath wanted to commend David Sawyers on his hard work and dedication to the maintenance and cleaning of the Municipal Building.
FEE REGULATIONS ON TAXICAB FARES: Upon motion of Mr. Heath, seconded by Mr. Clay and vote of 7 AYES and 0 NOES, this item was referred to the Ordinance Committee.
UNITED WAY: Mayor Helms encouraged all employees to contribute to the United Way. All contributions are given to Smyth County organizations.
VISITORS CENTER: Mr. Fenyk stated that the Commonwealth of Virginia is in the final stages of conveying approximately 3 acres of land to the Town for a Visitors Center. This should be approved by the Governor in the near future and Council can accept this by Ordinance or Resolution.
CLOSED SESSION: Pursuant to Code of Virginia, as amended, Section 2.2-3711(A7) and upon motion of Mr. Hendrick, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, Town Council entered in to Closed Session for the purpose of discussing possible litigation. Mr. Hendrick moved that Town Council return to Open Session and identified it be known that only those matters legally exempted from Open Session and identified in the motion were discussed during Closed Session. The motion was seconded by Mr. Heath and carried by vote of 7 AYES and 0 NOES. The Deputy Clerk polled the Council Members. Messrs Hendrick, Heath, Leaman, Clay, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.
Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the meeting was adjourned.