Minutes of a regular meeting of the Town Council of the Town of Marion, Virginia held in the Council Chambers of the Municipal Building on September 17, 2007 at 7:00 p.m.
PRESENT: Mayor David P. Helms; Eugene Hendrick, Mel Leaman, Ken Heath, Mark Warren, Herbert Clay, Dr. James Gates, and Mrs. Suzanne Jennings, Town Council Members; Town Manager John E. B. Clark, Jr.; Town Engineer/Assistant Town Manager Cecil Hicks; Town Attorney Mark Fenyk; Police Chief Michael Roberts; Purchasing Agent B. J. Hamm; and Town Clerk/Director of Finance Dixie O. Sheets.
INVOCATION: Mr. Warren rendered the invocation. Mayor Helms led the Pledge to the Flag.
VISITORS: Josh Widener, Dave Fields, Jeff Spickard, Steve Widner & Family, Police Lt. Rex Anders
MINUTES: Upon motion of Mr. Clay, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, the minutes of the meeting conducted on 9/4/07 were approved as written and distributed. Messrs Hendrick, Leaman, Heath, Warren, Clay, Dr. Gates and Mrs. Jennings voted affirmatively.
RESOLUTION RECOGNIZING CHARLES “DUNNER’ BRIDGEMAN: This item was continued as Mr. Bridgeman was out of town.
RECOGNITION OF ELEANOR KATHLENE LESTER BURKETT ON THE CELEBRATION OF HER 80TH BIRTHDAY: Upon motion of Mr. Leaman, seconded by Mr. Clay, and vote of 7AYES and 0 NOES, the following resolution was adopted:
RESOLUTION OF CELEBRATION
ON THE OCCASION OF THE
80TH BIRTHDAY OF
ELEANOR KATHLENE LESTER BURKETT
WHEREAS, Eleanor Kathlene Lester was born to Brady Lester and Annie Marie Clear Lester and was their only child, and;
WHEREAS, Eleanor Kathlene Lester was Miss Rich Valley and Miss Saltville, and;
WHEREAS, Eleanor Lester was married to John William Burkett. They were the
parents of three (3) children: Valorie Suzanne Burkett Jennings, Brenda Jo
Burkett Anderson, and Rebecca Lynn Burkett Null. She is the proud
grandmother of four (4) grandsons and great grandmother of two (2) great
grandsons.
WHEREAS, Mrs. Burkett has been a member of the Marion community since 1945,
which she has served tirelessly. She was employed by the Rationing Board,
Marion Laundry Company and Southwest Mental Heath Institute. Her
interests include her home, her family and her friends.
WHEREAS, Mrs. Burkett has been a committee and community volunteer. She has worked in the PTO, The Eastern Star, the W. W. Scott Senior Citizens Center, the Smyth County Democratic Women’s Club and the Joyful Noise Musical Group.
WHEREAS, A Celebration of the Life of Eleanor Kathlene Lester Burkett will be
enjoyed by family and friends on Sunday, September 16, 2007 at The
Garden Party, 221 East Main Street in Marion, Virginia.
NOW, THEREFORE BE IT RESOLVED, that the Town Council for the Town of
Marion extends a Happy 80th Birthday to Eleanor Kathlene Lester Burkett
And best wishes for continued health and prosperity in years to come.
____________________________ __________________________
Mayor Town Clerk
RESOLUTION PROCLAIMING EMORY & HENRY DAY ON SEPTEMBER 21, 2007: Upon motion of Mrs. Jennings, seconded by Mr. Hendrick, and vote of 7 AYES and 0 NOES, the following Resolution was adopted:
RESOLUTION
PROCLAIMING FRIDAY, SEPTEMBER 21, 2007, AS
“EMORY & HENRY DAY” IN MARION, VIRGINIA
WHEREAS, Emory & Henry College is a national liberal arts college that has served students from Southwest Virginia since 1836; and
WHEREAS, Emory & Henry College had dedicated itself to increasing the excellence of students from all walks of life and sending them on toward lives of success and service; and
WHEREAS, Emory & Henry College, which is named for renowned Methodist Bishop
John Emory and the early American patriot Patrick Henry, has dedicated itself to the values of faith and leadership in promoting a better world; and
WHEREAS, Emory & Henry College, a college that changes lives, challenges all persons to confront historical and contemporary ideas and issues and to develop the ability to think critically about all areas of human experience; and
WHEREAS, Emory & Henry College will inaugurate Dr. Rosalind Reichard as its 20th president on Friday, September 21, 2007; and
WHEREAS, President Reichard has quickly begun to map out a future for the College that both advances its mission and provides greater service to the region; and
WHEREAS, Emory & Henry College and the Town of Marion are partners in enhancing the future of Southwest Virginia.
THEREFORE, BE IT RESOLVED, that the Town of Marion hereby proclaims Friday, September 21, 2007, as “Emory & Henry Day” in Marion, Virginia.
RESOLVED, this 17th day of September, 2007.
SIGNED:
_____________________________ ________________________ David P. Helms, Mayor Dixie O. Sheets, Town Clerk
RESOLUTION IN SUPPORT OF OLD HIGH SCHOOL: Mr. Heath read the Resolution into the record. It was stated that the Courthouse renovations require a minimum of 250 parking spaces. If the old high school building is removed, approximately 70 parking spaces would be realized. Discussion ensued. Mrs. Jennings asked if the former school building is not removed, would that displace existing businesses with the possibility that that the structure they inhabit may be torn down. Mr. Clay advised that the Virginia Supreme Court requires 250 parking spaces. One scenario of the Courthouse upgrade calls for Smyth County Administrative Office Buildings move out of Town into Smyth County locations. He added that the County Seat would be where the Board of Supervisors meeting is conducted. It was noted that the Constitutional Offices must remain in the Town limits for the Town to remain the County Seat. Mr. Heath stated that the Town has worked to save historic buildings, wherever possible. The Resolution is to state this feeling and that all avenues to salvage this building be explored. Mayor Helms added that tourism is important to the Town and the Town is on record to not be in favor of tearing down historic buildings. Mayor Helms and local representatives plan to meet this week to discuss alternative parking plans to serve the Courthouse’s needs. Upon motion of Mr. Heath, seconded by Mr. Hendrick, and vote of 6 AYES and 1 NOE (Clay), the following Resolution was adopted:
Resolution
A RESOLUTION IN SUPPORT OF THE FIRST HIGH
SCHOOL IN SMYTH COUNTY
WHEREAS, the
landmark building, located at 105 East Strother Street was built one hundred
years ago; and
WHEREAS, the
building served as Smyth County’s first high school from 1908 through 1915; and
WHEREAS, the
building then served the community as a grammar school for the next four
decades; and
WHEREAS, the
building served as the county library, and more recently, the Smyth County
Museum; and
WHEREAS, the
building qualifies as an official “historic structure” for inclusion on both
state and national landmark registries; and
WHEREAS, the
community has embraced the concept of economic revitalization through historic
preservation, as evidenced by Marion being one of only twenty-two Certified
Virginia Main Street Communities, millions of private and public dollars
reinvested in the historic downtown, and the continuing work to revitalize the
historic core of Smyth County’s county seat.
NOW THEREFORE BE IT
RESOLVED, by the Marion Town Council, that the Town of Marion officially joins
other community leaders in support of the preservation of the above building,
and urges the Smyth County Board of Supervisors to find alternatives to any
issue that would require its demolition and removal from our historic landscape
and to assist with its preservation to the benefit of Smyth County for
generations to come.
RESOLVED, this 17th
day of September, 2007
SIGNED: ATTEST:
___________________________ ______________________________
David P. Helms, Mayor Dixie O. Sheets, Clerk
COMMENDATION TO STEVEN WIDNER OF THE MARION POLICE DEPARTMENT: Mayor Helms welcomed Police Officer Steven E. Widner & Family. On January 30, 2007, Officer Widner responded to a structure fire at 410 East Main Street. Upon arrival, he was advised that someone was in the residence. Seeing a man on the floor, he went inside the burning structure and pulled the man out. Officer Chapman and Sgt. Clark stayed with the subject until rescue arrived. A volunteer firefighter, Office Widner then got his firefighting gear from his patrol vehicle to assist with fighting the fire. Mayor Helms expressed the Town’s appreciation to Officer Widner for his dedication to duty and regard for his fellow man. Police Chief Roberts and the Marion Police Department nominated Officer Widner to the Virginia Association of Chiefs of Police for the Award for Lifesaving. Officer Widner was selected to receive the 2007 Award from the VACP.
POLICE DEPARTMENT – TRANSITION OF RED BIRD TAXI: The Marion Police Department has conducted an investigation upon request of an application for license and public convenience to operate Red Bird Taxi Service. The owner is recently deceased and his son wishes to continue to operate the Red Bird Taxi Service. Josh Widener has entered into a verbal agreement with Tom Graham, acting as agent for property located at 207 Broad Street, pending approval by Town Council. The Marion Police Department recommended a favorable response to the application and change of location. Upon motion of Mrs. Jennings, seconded by Mr. Clay, and vote of 7 AYES and 0 NOES, Mr. Josh Widener’s application to operate Red Bird Taxi Service was set for Public Hearing on October 18, 2007 at 7:00 p.m.
UPDATE ON POLICE RECRUITMENT: Chief Roberts advised that he has scheduled testing for all applicants and that he expects to have new personnel on duty by November 1 or November 15. He advised that as VML had predicted, many Towns have the lost personnel to County Department’s as they now have LEOS retirement coverage. He had provided a list of other localities and the amounts paid to officers which are certified and not certified.
Mr. Clay encouraged the Chief to fill the positions at the earliest possible date. He noted that the decrease in manpower has begun to affect court cases. Mayor Helms advised that the Chief has a hiring process in place that will ensure that the Town hires the most qualified personnel for these positions.
RESOLUTION & TRANSFER OF PROPERTY ON EXIT 45: In a letter from Sterling C. Proffitt, Chairman of the Commonwealth of Virginia, the following order was entered:
“By motion duly made by Mr. Wright, seconded by Mr. Mitchell, the following Resolution was read into the record unanimously approved: Pursuant to Section 53.1-18 and as requested by the Department of General Services, I move that the Board approve the conveyance of approximately 3 acres located in the Town of Marion, being a portion of the lands of Marion Correctional Treatment Center, to the Town of Marion as a Visitors’ Center, under the terms and conditions deemed appropriate by DGS. The Director of the Department of Corrections may execute all documents in furtherance of the sale of this parcel.” Mr. Fenyk advised that the Attorney General’s office requires a resolution adopting receipt of the property. Mr. Fenyk read the proposed Resolution into the record.
WHEREAS, the Town of Marion is a municipal corporation chartered and wholly located in the Commonwealth of Virginia, and;
WHEREAS, the Board of Corrections, Commonwealth of Virginia, owns certain unimproved parcels of real property located in the Town of Marion, Virginia, and;
WHEREAS, the General Assembly, pursuant to Chapter 202 of the 2005 Acts of Assembly, authorized the Board of Corrections, with the approval of the Governor, to convey without consideration to the Town of Marion a parcel of property owned by the Commonwealth and in the control of the Board of Corrections, of up to three acres that adjoins Interstate 81 at the southbound off-ramp of Exit 45 with frontage on the entrance road to Marion Correctional Treatment Center off Highway 16, which property has been identified by survey, and;
WHEREAS, the survey, dated December 1, 2005, describes the Property as containing 3.004 acres of land, and;
WHEREAS, the Board of Corrections, pursuant to Section 2.2-1150.A.1 of the Code of Virginia (1950), as amended, wishes to convey to the Town of Marion, in consideration of the public interest to be served and for other good and valuable consideration, 0.004 acres,
NOW, THEREFORE, LET IT BE RESOLVED, that the Town Council of Marion does hereby accept the 3.004 acres in its “AS IS” condition for municipal government purposes by the Town of Marion. That the real property is accepted subject to (i) any and all rights, privileges, covenants, easements, conditions, restrictions and agreements as are of record, insofar as they may be lawfully applicable to the real property, (ii) any unrecorded utility easements, including any relocated easements for utilities and any relocated utility lines and related facilities, on, under or across the real property, and (iii) any and all prior grants, conveyances and/or reservations of the coal, oil, gas, including coal methane gas, stone, sand, minerals and/or other subsurface rights and interests therein, which the same are excluded from this conveyance.
BE IT FURTHER RESOLVED that if the real property ceases to be used by the Town of Marion for municipal government purposes acceptable to the Commonwealth and compatible with the then-current uses of all adjacent property owned by the Commonwealth, then title to the real property herein accepted and any and all rights conveyed herewith shall immediately terminate and the real property shall REVERT to the Commonwealth. In such event, the Town Council for the Town of Marion shall cause all instruments as may be necessary to confirm that title has reverted to and revested in the Commonwealth of Virginia be executed,
LET IT BE FINALLY RESOLVED that this resolution shall become effective September 17, 2007.
_______________________________ __________________________
David P. Helms, Mayor Dixie O. Sheets, Clerk
Upon motion of Mr. Heath, seconded by Mr. Hendrick and vote of 7 AYES and 0 NOES, the resolution was adopted. Messrs Hendrick, Clay, Warren, Leaman, Heath, Dr. Gates and Mrs. Jennings voted affirmatively.
BID ON WATER TANK REPAINTING: The Town of Marion advertised for bids for Water Tank Painting 2007 Project. The bids were due on September 14, 2007 at 1:00 p.m. Three bids were received. The apparent low bidder was Southern Corrosion, of Roanoke Rapids, NC. Southern bid $16,368 for the McIntyre Tank exterior only and $19,064 for the interior and exterior refurbishing of the Riverview Tank. Upon motion of Mr. Heath, seconded by Mrs. Jennings, and vote of 7 AYES and 0 NOES, the bid was awarded to Southern Corrosion in the amount of $35,432. Messrs Hendrick, Leaman, Heath, Warren, Clay, Dr. Gates and Mrs. Jennings voted affirmatively.
CLEARANCE OF WILLIAMS ROAD WATER TANK: The Virginia Department of Health has issued a letter of approval for the Water Tank installed on “Williams Road, known as Williams Road Storage Tank No. 2”. The facilities have been completed in accordance with VDH project documents.
UPDATE ON WASHINGTON AVENUE/PAXTON LANE PROJECT: The Washington Avenue/Paxton Lane Water Line Project is currently underway. The project is a joint effort of the Town of Marion, the County of Smyth and the Mt. Rogers Planning District Commission through its Southwest Virginia Water and Wastewater Fund. The original contract for the project was $115,570 (Toney Construction). Engineering cost was $4,500 (Lane Engineering). The project consists of approximately 650 feet of 2 inch line on both sides of the Interstate 81 and approximately 350 feet of twelve inch encasement and six inch water line under I-81Smyth County decided to participate in the project by allocating $34,670 to upgrade the piping under I-81 from a 2-inch line to a 6-inch line and from a six inch encasement pipe to a twelve inch encasement pipe.
The project has run into two unanticipated cost overruns. First the directional bore under I-81 resulted in the bore going an extra 60 feet at a cost of $16,740. The line has to be rerouted around a phone line that had not been identified by Miss Utility. Another unexpected cost is to bore under Lee Highway with a 6-inch encasement pipe and installing a two inch water line through the encasement. The distance of the bore will be approximately 110 feet. The Town will then install the two inch line through the encasement pipe with in-house sources. This will be done at an additional cost of $15,400. These two change orders were approved at the Town Council meeting of 9/4/07.
Smyth County has agreed to participate in funding the additional bore length under I-81 bridge at a cost of $8,370. The Town and Smyth County will seek remaining grant funds from the Southwest Regional Water and Wastewater Funds through Mt. Rogers Planning District Commission.
Mr. Spickard advised that the Contractor has run into difficulty. He has broken a piece of his equipment under the interstate. He tried unsuccessfully to recover the shaft. He must now re-bore the hole which will put construction 2-3 weeks behind schedule. Mr. Spickard advised that the contractor may request a time extension from Town Council.
REQUEST CONCERNING FUNDING FOR EXTENDING HISTORICAL DISTRICT:
The Department of Historic Resources has notified the Town that the Town’s application for funding from the Survey and Planning Cost Share Program has been approved. The approved allocation is $15,000. The Town’s required match is $5,000. Upon motion of Dr. Gates, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, this item was referred to the Finance Committee.
REPORT ON MEETING WITH SMYTH COUNTY CONCERNING PAYMENT OF COUNTY PORTION OF SEWER TREATMENT PLANT LOAN: Mr. Fenyk advised that he, John Clark, and Dixie Sheets met with John Tate, Ed Whitmore, Mike Carter, Scott Simpson, and Charles Atkins concerning the county portion of the payment for the Sewage Treatment Plant Loan. The Town refinanced the loan and extended the payment term. Smyth County requested that they continue to pay the same amount, of $47,244.38 semi-annually, as originally agreed until 2014 (the original pay off date/rate 2.5%). The Town does not object to this arrangement and both entities prefer that a written agreement be signed. The County requested that the document state that Smyth County be informed, in writing, of any further refinancing of the loan. A payment schedule will be attached to the agreement. The County’s final payment will be 2/1/2014. Mr. Hendrick suggested that the difference in the payment be placed in escrow and applied only to the loan payments. Council members agreed.
PRESERVE AMERICA DESIGNATION: This item was continued.
ACCOUNTS: Upon motion, duly seconded, $552,124.79 was approved for payment from the General Fund. Council approved the same unanimously. Messrs Hendrick, Clay, Leaman, Heath, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.
INVESTMENTS: Upon motion of Mrs. Jennings, seconded by Mr. Clay. and vote of 7 AYES and 0 NOES, the Investment Report was adopted as presented. Messrs Hendrick, Clay, Leaman, Heath, Warren, Dr. Gates and Mrs. Jennings voted affirmatively.
MUNICIPAL BUILDING –SECURITY AND SAFETY: Mr. Clay suggested that the Town look into providing security for the Municipal Building. He suggested that cameras and buzzers be installed to provide adequate security measures. Upon motion of Mr. Clay, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, this item was referred to the Building and Grounds Committee for study and recommendation.
REQUEST FOR MEETING OF WATER & PERSONNEL COMMITTEE: Mr. Clark requested that a meeting with the Water and Personnel Committees be scheduled.
ORDINANCE COMMITTEE-TV CABLE FRANCHISE RENEWAL: Upon motion of Mr. Clay, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, this item was continued.
REAL ESTATE COMMITTEE-HOUSE AND OLD MILL PROPERTY: Upon motion of Mr. Warren, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, this item was continued.
HOMECOMING PARADE: The Homecoming Parade is October 12, 2007 at 6 p.m.
SECOND FRIDAY: Second Friday Art Walk is scheduled for October 12, 2007.
HALLOWEEN MADNESS: Halloween Madness will be held on Main Street from 11:00 am until 1:00 pm on October 27.
OKTOBER FEST: Oktober Fest will be held on October 13, 2007 on Broad Street.
RHYTHM & ROOTS CHILI CHAMPIONS: The Town of Marion Chili Team was again victorious at the Rhythm & Roots Chili Competition in Bristol on Saturday, September 15. Members of Town Council, various departments and some spouses represented the Town. Congratulations! Mayor Helms presented Finance Director Dixie Sheets with the $250 grand prize to be placed in the General Fund.
MARION PRIMARY ANNUAL DUCK RACE: The Marion Primary Annual Duck Race is scheduled to be held on Saturday, September 22, 2007 at 1 p.m. The PTO requested permission to close Chilhowie Street Bridge to launch the ducks. The event is being coordinated with Marion Police Department. Upon motion of Mrs. Jennings, seconded by Mr. Heath and vote of 7 AYES and 0 NOES, permission to conduct the Annual Duck Race and close the bridge temporarily was granted.
MT. DEW PARADE: Mayor Helms advised that the Mt. Dew Parade had been scheduled for Saturday, September 22, 2007; however, no other details have been made available. Mr. Heath was to contact the Marion Band Director.
TOWN STREET WATER LINE: Mr. Hicks advised that the Town Street Water line has been re-bid and bids are due October 4, 2007.
PATRIOT’S DAY OBSERVANCE: Mayor Helms stated that he had received numerous positive comments concerning the annual event.
ANNUAL AUDIT: The Town was recently informed that the auditing firm of Albano & Associates would not be able to conduct the Town’s annual audit, due to staffing shortages. Proposals were secured and with new regulations by the APA, two (2) firms were selected to perform assigned duties. The proposals were reviewed by the Finance Committee and upon motion of Dr. Gates, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, the contracts were to be awarded to the low-bidders for one year, trial basis only and that their firms could begin immediately. The successful proposals were from Albano & Associates, of Marion, for the bookkeeping and financial statements in the amount of $4,500 and to Johnson, CPA, of Danville, VA, in the amount of $12,000. One of the major considerations was that the audit be filed at the earliest possible date. Messrs Hendrick, Heath, Clay, Warren, Leaman, Dr. Gates and Mrs. Jennings voted affirmatively.
Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the meeting was adjourned.
_______________________________ _______________________________
Mayor Clerk