PRESENT: Mayor David P. Helms; Mel Leaman, Suzanne Jennings, 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; Deputy Town Clerk/Deputy Director of Finance Susan Clark.
INVOCATION/PLEDGE TO THE FLAG: Mr. Hicks rendered the invocation. Mayor Helms led the Pledge to the Flag.
VISITORS: Jeff Spickard, Clayborne Gwyn
MINUTES: Upon motion of Mr. Heath, seconded by Mrs. Jennings and vote of 4 AYES and 0 NOES, the minutes of the meeting held March 19, 2007 were approved as written. Messrs Warren, Leaman, Heath and Mrs. Jennings voted affirmatively.
UPDATE ON PAVING AT RAILROAD TRACKS ON NORTH MAIN STREET AND RETAINING WALL ON STALEY CREEK: Mr. Hicks informed Council that W-L Construction is to start milling and then paving at the tracks April 4th and 5th. The retaining wall at Staley Creek is considered by VDOT to be an emergency situation and no permits are needed. Ken Construction will start as soon as the weather permits.
UPDATE ON PAVING USING REVENUE SHARING MONEY: Mr. Clark reported that he, Mr. Hicks and Mayor Helms met with VDOT staff on March 25, 2007 and will be taking bids for the project. The bids are due by April 16, 2007.
RECOMMENDATION ON METHOD TO PROCEED ON CONTRACTING BULK STORAGE BUILDING: Mr. Spickard suggested that the Town reject all bids that were submitted and possibly build the storage building with Town staff and Town materials. This would be more cost effective for the Town. Upon motion of Mr. Leaman, seconded by Mrs. Jennings and vote of 4 AYES and 0 NOES, all bids were rejected.
Mr. Fenyk informed Mr. Clark that he must prepare a notice stating that constructing the storage building using competitive, sealed bidding is not advantageous to the public. Upon motion of Mr. Leaman, seconded by Mr. Warren and vote of 4 AYES and 0 NOES, Mr. Clark will prepare the notice. Mr. Fenyk added that the Town must make an informal solicitation for bids less than $30,000. and send it to at least four contractors.
STATUS OF WASHINGTON AVENUE WATER PROJECT: Mr. Clark has contacted Smyth County and has not been able to schedule a meeting. Mr. Clark will inform Council when a meeting can be scheduled.
WATER TREAMENT PLANT PROJECT APPROVAL OF PAY REQUEST #12: Pay request #12 was presented for payment in the amount of $228,938.70. This includes $226,238.70 for construction and $2,700.00 for inspection fees. Mr. Spickard stated that the Contractor is asking for a 3-4 week extension. Mr. Spickard is pleased with the Contractors efforts to finish the project and recommends payment. Approximately $40,000 will be returned from the contract. The project is under budget for construction and engineering costs. Upon motion of Mrs. Jennings, seconded by Mr. Warren and vote of 4 AYES and 0 NOES, Payment request #12 was approved for payment. Messrs Heath, Leaman, Warren and Mrs. Jennings voted affirmatively.
WATER TREATMENT PLANT PROJECT APPROVAL OF CHANGE ORDER #5: Mr. Spickard explained that Change Order #5 had some deletions and additions which resulted in a savings of $7,833.00 and his recommendation is to approve the change order. Upon motion of Mr. Heath, seconded by Mrs. Jennings and vote of 4 AYES and 0 NOES, Council accepted Change Order #5 and approved a 21 day extension for the project.
REQUEST TO CLOSE TOWN PARKING LOT ON JULY 7, 2007: Upon motion of Mr. Heath, seconded by Mrs. Jennings and vote of 4 AYES and 0 NOES, this item was continued.
REQUEST FROM MR. & MRS. JAMES ANDERSON REGARDING PARKING ON SPRINKLE AVENUE: Upon motion of Mr. Heath, seconded by Mr. Warren and vote of 4 AYES and 0 NOES, this item was referred to the Street Committee for study and recommendation. It was noted that the other streets in the Town should be studied also.
REQUEST CONCERNING WEST SIDE OF NORTH CHURCH STREET-BILL AND LINDA HUBER: Mr. Hicks stated that the Huber’s requested water and sewer taps and curb and gutter in exchange for an easement for the sewer line. Mr. Hicks explained that the sewer line was installed in the 1930’s and Mr. Fenyk added that there is already an easement recorded that allows the Town access. The Town has, in the past, absorbed one half of the cost for curb and guttering for residential properties, not for developers.
Dr. Gates arrived.
Upon motion of Mr. Warren, seconded by Dr. Gates and vote of 5 AYES and 0 NOES, the Huber’s request was denied.
OLD ATMOS BUILDING-REAL ESTATE COMMITTEE: This item was continued to Executive Session.
APPOINTMENTS AND CAB FARES-ORDINANCE COMMITTEE: Upon motion of Mr. Warren, seconded by Mrs. Jennings and vote of 5 AYES and 0 NOES, this item was continued.
PUBLIC USE OF COURT HOUSE LAWN: Mr. Heath stated that a meeting will be held on Thursday, April 12, 2007 at 2:00 p.m. in the Downtown Office to discuss a resolution to remedy the problem. Senator’s Wampler and Puckett are to be in attendance.
VIRGINIA MAIN STREET: Mr. Heath informed Council that this is Virginia’s 400th Anniversary and Virginia Main Street would like to help market the various Town’s in Virginia.
APPALACHIAN REALTY GRAND OPENING: Mr. Heath stated that the Grand Opening for Appalachian Realty will be April 4, 2007 at noon.
EMERGENCY SIREN: Mr. Heath suggested that the siren located at the top of Town Hall should be re-activated so that it can be used as an alert for the public if an emergency situation should arise. Upon motion of Mr. Heath, seconded by Dr. Gates and vote of 5 AYES and 0 NOES, this item was referred to the Building and Grounds Committee after a cost estimate is derived to get the siren back in service.
ARBOR DAY CELEBRATION: Mayor Helms informed Council of the Arbor Day Celebration scheduled for Monday, April 30, 2007 at 12:00 pm. behind the Marion Fire Department, 231 W. Main Street.
TOURISM ASSOCIATION BY-LAWS: Mayor Helms stated that the By-Laws must be approved so that the Chamber of Commerce will release funds to the Tourism Association. Effective March 31, 2007, the Chamber was no longer responsible for the bills incurred by the Association. Mr. Fenyk added that the By-Laws must be adopted by Town of Marion Ordinance and a Public Hearing must be scheduled. All four government entities in Smyth County must enact an Ordinance. Upon motion of Mr. Heath, seconded by Mr. Warren and vote of 5 AYES and 0 NOES, Public Hearing will be set for May 7, 2007 to adopted the Ordinance for the Tourism By-Laws.
SURPLUS PROPERTY-YEW STREET: Mr. Fenyk stated that all adjoining property owners must agree to close the street. Mr. Fenyk would like to proceed but needs to know if Council wishes to have the property appraised. Upon motion of Mr. Warren, seconded by Dr. Gates and vote of 5 AYES and 0 NOES, the property will not be appraised. The deed will be prepared and Public Hearing will be advertised. It will be the responsibility of the purchaser to pay the advertising fees and have the property appraised.
CABLE FRANCHISE-MOSS & BARNETT: Mr. Fenyk stated that he is still waiting on a response from Moss and Barnett regarding the cable franchise.
MARION MIDDLE SCHOOL: Chief Roberts stated that the Principal, Mr. Kyle Rhodes, has concerns about the parking situation at the Middle School. Chief Roberts will attend to this matter and report back to Council.
POLICE-BYRNE JUSTICE ASSISTANCE GRANT: Chief Roberts explained that a grant in the amount of $6,228. had been awarded to the Town of Marion. The Town is required to make a 10% match in the amount of $623. Upon motion of Mr. Heath, seconded by Mrs. Jennings and vote of 5 AYES and 0 NOES, Council accepted the Grant with 10% match included.
CLOSED SESSION: Pursuant to Code of Virginia, as amended, Section 2.2-3711(A4 & A7) and upon motion of Mr. Warren, seconded by Heath and vote of 5 AYES and 0 NOES, Town Council entered in to Closed Session for the purpose of discussing possible litigation and personnel matters. Mr. Warren 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 in Closed Session. The motion was seconded by Heath and carried by a vote of 5 AYES and 0 NOES. The Deputy Clerk polled the Council Members. Messrs Heath, Leaman, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.
OLD ATMOS BUILDING-REAL ESTATE COMMITTEE: Upon motion of Mr. Heath, seconded by Mrs. Jennings and vote of 5 AYES and 0 NOES, this item was continued.
Upon motion, duly seconded, and vote of 5 AYES and 0 NOES, the meeting was adjourned.