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 May 7, 2012 at 5:30 P.M.

PRESENT:  Mayor David Helms; Jane Hale, Dr. James Gates, Tricia Spencer, Suzanne Jennings, Bill Weaver, Jim Owens and Jim Barker, Council Members; Council Member Elect Larry Carter, Town Attorney Mark Fenyk; Town Manager John E. B. Clark, Jr.; Assistant Town Manager/Town Engineer Cecil Hicks; Community and Economic Development Director Ken Heath; Police Chief Mike Roberts; Members of the Marion Police Department; Fiscal Technician Paula Ashlin;  Smyth County News and Messenger  Stephanie Porter-Nichols and Deputy Town Clerk Anita Catron.

Mayor Helms stated that Chief Mike Roberts and members of the Marion Police Department would like to recognize National Police Week.   

CHIEF MIKE ROBERTS: Chief Roberts stated that members of the police department were present to recognize May 13-19 as National Police Week and remember Officers that have lost their lives in the line of duty. Town officers would like to thank the members of Town Council and the citizens for the support and cooperation shown to the department. Chief Roberts asked for The Reverend Jim Bangle, Chaplin for the Police Department, to speak and to render the invocation.

Reverend Bangle gave a special “thank you” to these officers and all officers for the job they do.

INVOCATION/PLEDGE TO THE FLAG:  Reverend Jim Bangle rendered the invocation. Officer Steve Hagy led the Pledge to the Flag.

Officer April Morgan read a list of officers in the State of Virginia that have been killed “In  The  Line of Duty”. Officer Rick Billings read a Resolution requesting the week of May 13-19 be designated as Police Week. Upon motion of Mr. Weaver, seconded by Mr. Barker and a vote of 7 AYES and 0 NOES, this resolution was adopted.

VISITORS:  Jay Overbey, Shane Ashlin, Kristen Untiedt-Barnett, Turk Johnson, Ann Hull ,Susie Sukle, Ralph Price, Erwin Rowland, Laura Lincoln, Carol Parsons,  Reverend Jim Bangle, Charlie Harrington, Bobby  Lincoln, Charles Wassum, Phyllis Forrester, Melody Myers and Tammy Barker.

MINUTES:  Upon motion of Mrs. Jennings, seconded by Mr. Barker and a vote of 7 AYES and 0 NOES, the minutes of the meeting held April 16, 2012 were approved as written.  Messrs Barker, Weaver, Owens, Dr. Gates, Ms. Spencer, Mrs. Jennings and Mrs. Hale voted affirmatively.

PUBLIC PRESENTATIONS:  Ann Hull and Susie Sukle presented a variety of art work banners to council members. These will be on display in front of various businesses in the Town of Marion for two months. They will be hung on Thursday as part of the new “Art in the Air” Project.

Erwin Rowland inquired about a request she had made to council on February 21, 2012 concerning a requested Zoning Ordinance Amendment requiring drug addict treatment center restrictions. She has had no response to her request. Discussion ensued. Mayor Helms stated this would be addressed during council reports.

Herbert Johnson a member of the VFW spoke to thank council for the support they have given to them. Mr. Johnson also invited council to a performance at the Lincoln Theatre on Sunday May 27th at 1:45 P.M. This will be a tribute to the Andrews Sisters.

APPROVAL OF PAY REQUEST #5 ON PARKING DECK-TOWN’S SHARE: Town Manager-Mr. Clark reviewed the pay request from South End Construction in the amount of $87,542.50. Upon motion of Dr. Gates, seconded by Mr. Owens and a vote of 7 AYES and 0 NOES, pay request # 5 in the amount of $87,542.50 was approved for payment.

SUBMITTAL OF SECOND QUOTE ON SECURITY CAMERA:  Town Engineer-Mr. Hicks reviewed the quote from Marion Computer Technologies. Shields Electronics from Bristol, Tn. had submitted a quote, and it was requested that a local business be contacted for a quote also. This quote was $1, 202.69 more than the Shields Electronics quote. Upon motion of Mr. Weaver, seconded by Mrs. Jennings and a vote of 7 AYES 0 NOES the quote from Shields Electronics was accepted.

SUBMITTAL OF STREETS FOR 2011-2012 PAVING: Mr. Hicks reviewed the streets chosen for paving. Due to the mild winter money has been put into savings and will now be used to pave extra streets. Mr. Hicks requested permission to bid out the paving. Upon motion of Mr. Weaver, seconded by Mrs. Jennings and a vote of 7 AYES and 0 NOES permission to bid was granted.

SITUATION OF HOUSE ON 427 PEARL AVENUE: Mr. Charles Harrington, Executive Director Marion Housing Authority spoke to council concerning the Pearl/Buchanan Project. Although the project is going well, the residence at 427 Pearl Avenue is an eyesore, nuisance and a possible danger. With difficulty locating all heirs to the property, he would like to ask this property be declared a blight structure. Discussion ensued. Upon motion of Mrs. Jennings, seconded by Mr. Weaver and a vote of 7 AYES and 0 NOES, permission was given for the Housing Authority to file for blight property. Mr. Harrington also requestd for council to appoint Mr. William (Bill) Huber to serve as a Commissioner on the Housing Authority Board to fill the unexpired term of Mr. Donald Edwards who passed away January 26, 2012. Upon motion of Mrs. Jennings, seconded by Mr. Owens and a vote of 7 AYES and 0 NOES, council approved appointment of Mr. Huber.

NOTICE OF SUBSTANTIAL COMPLETION ON PHASE 1 SEWER TREATMENT PLANTMr. Clark stated the project is substantially completed. Mr. Hicks discussed renovations and change orders that had been made.

Mayor Helms reminded Council Members of the full council budget workshop on Thursday May 17th at 5:30 P.M.

BLUE RIDGE JOB CORPS PROCUREMENT PROCEDURES: Carol Parsons, Executive Director of Blue Ridge Job Corps informed council they were recently notified the Department of Labor has declared Blue Ridge Job Corps Center a small business set-aside. This decision was based on the FAR 19 502-1 “Rule of Two” Act. Because of this, ResCare wouldn’t be allowed to bid on the contract to run the Center.  Mrs. Parsons is requesting that council support letting ResCare be allowed to bid on this again. Upon motion of Dr. Gates, seconded by Mrs. Jennings and a vote of 7 AYES and 0 NOES, Mr. Clark was asked to write a letter in support of this request.

 SMYTH COUNTY CHAMBER OF COMMERCE: Kristen Untiedt-Barnett Executive Director stated the Chamber will be partnering with Marion Downtown at the Farmer’s Market to sponsor the Summer Concerts. Instead of Saturday’s, these will be on the second Friday of each month to support the ArtWalk events and keep people in the downtown area. Ms. Untiedt-Barnett, on behalf of the chamber has requested permission to use the town square parking lot for concessions. They plan to sell food items and beer at the events. The chamber will take care of permits, insurance and all things related to the event. The town would be responsible for setting up the fence and trash pickup. Upon motion of Mrs. Jennings, seconded by Mr. Weaver and a vote of 7 AYES and 0 NOES, permission was given to have concessions and a roped off area to sell beer. The Chamber office also would like to request to use the Town Hall as a food collection place for the Governor’s Bowl Challenge. This would require placing a container in the building for people to drop off food items that will be used by various groups and organizations for distribution in the area. The Chamber Office will be responsible for these containers and will empty them when needed. Upon motion of Mrs. Jennings, seconded by Ms. Spencer and a vote of 7 AYES and 0 NOES, permission was given to place two containers at the Town Hall for collection for food items.

DREDGING PERMIT AT WATER INTAKE STATION: Mr. Clark informed council the water intake station had to be cleaned out at the water treatment plant. This requires a permit because of being in the water and this permit has now been approved. Mr. Hicks stated this clean out is needed because of flooding and other things that create problems at the intake station. The permits are issued by Virginia Marine Resources and are required for any work that requires dredging along or in the river.

NOTICE OF QUARTERLY MEETING: Mayor Helms noted the Town of Chilhowie has sent a notice of the Town & County quarterly meeting on Monday May 14, 2012 at 6:00 P.M. Please let Linda Pennington know by Thursday May 10th if you plan to attend.

NOTICE OF WORK STARTING ON HIGH LEVEL TANK: Cecil Hicks noted that work on the high level tank is going well. The contractor has checked the corrosion pits in the tank and feels it is not necessary to fix them at this time, but may need to do this when the tanks are painted again.

SANITATION COMMITTEE ON COMPLETION OF CHANGE ORDER #2: Mr. Clark informed council that with the approval of the finance committee the amount of $29,100.00 will be used from the Mount Rogers money to pay change order #2 for the Sewer Treatment Plant Digester Project. The contractor is Frizzell Construction. The digester is now cleaned out and working properly.

GOLF COMMITTEE ON VARIOUS ISSUES: Dr. Gates stated that things are going well and the Golf Course is ready to move forward. Dr. Gates also asked to be excused at this time as he had a previous commitment and asked for Mr. Clark and Mr. Heath to proceed. Mr. Clark introduced Mr. Terry Jennings as the new manager at the Golf Course. Mr. Heath stated the Golf Committee had met and discussed the two proposals for the Kitchen/Banquet areas. The committee has chosen to go with Barker’s. Upon motion of Mrs. Hale, seconded by Mrs. Jennings and a vote of 6 AYES and 0 NOES, council voted to accept the proposal of Barker’s for the Kitchen/Banquet area. Terry Jennings will negotiate the contract with the approval of council. Upon motion of Mrs. Jennings, seconded by Mrs. Hale and a vote of 6 AYES and 0 NOES Mr. Jennings is to work with Mr. Heath and Town Attorney Mr. Fenyk to create a contract. Upon motion of Mrs. Jennings seconded by Mr. Barker and a vote of 6 AYES and 0 NOES, the advisory board will continue to work on things.

Mrs. Hale requested that minutes be taken at all committee meetings and post these on the town page. Discussion ensued. Upon motion of Mrs. Hale, seconded by Ms. Spencer and a vote of 2 AYES and 4 NOES (Barker, Jennings, Weaver, Owens ) this request was not approved.

Mr. Weaver addressed the request made by Mrs. Rowland. Mr. Weaver stated that he understood this issue had already been addressed, but would like to send it back to the ordinance committee for review. Upon motion of Mr. Weaver, seconded by Mrs. Jennings and a vote of 5 AYES and 1 NO (Spencer) this item will be reviewed by the ordinance committee. Mr. Weaver also addressed the columns at the entrance to Wassona Park. After discussion, and upon motion of Mr. Weaver, seconded by Mrs. Jennings and a vote of 4 AYES and 2 NOES (Barker, Owens), this item was referred to the street committee for review and recommendation.

Mr. Barker reminded members of Arbor Day on Thursday May 10, 2012 at 11:00. Also Mr. Phil Martin would like to become a member of the Tree Board committee. Upon motion duly seconded and a vote of 6 AYES and 0 NOES, council will add Mr. Phil Martin to the committee.

MAYOR’S REPORT: VML Town Sectional Meeting will be held Friday May 11, 2012 at 10:30 A.M. at the General Francis Hotel. This will also be youth government day. The Lincoln Theatre will have Daniel Rodriguez along with the Children’s Choir on Saturday night.

RELAY FOR LIFE: Paula Ashlin informed council this event will begin at 5:00 P.M. The Town of Marion has a team in the event. Town of Marion is offering raffle tickets for $1.00 for a chance to win free residential garbage pick- up for one year.

Mr. Fenyk informed council members that APCO has for the second time filed for a rate increase with the State Corporation Commission. After discussion, and upon motion of Mrs. Jennings, seconded by Mr. Weaver and a vote of 6 AYES and 0 NOES, council has requested Mr. Clark write a letter in opposition to the rate increase.

Mr. Heath reminded everyone that the students from Virginia Tech will be in Marion on Thursday May 10, 2012 from 5:00 to 7:00 P.M. to again work with the 911 memorial designs. The public will vote on the top 3 designs to be used for the final design. After this meeting the Marion Downtown will meet to elect officers and everyone is invited to stay for this.

Lt. Anders reminded everyone that on Memorial Day the streets will be closing beginning at 9:00 A.M. for the parade.

Mr. Hicks reviewed a letter he had mailed to Mr. Mal Brown concerning the rezoning of 612 and 616 Shop Street property. In this letter he again stated the requirements that were made for this to be rezoned, and stated that if this property is used for public parking the lot will have to be paved and other requirements will be made.

CLOSED SESSION: Pursuant to Code of Virginia, as amended, Section 2.2-3711(A-3) (A-7) and upon motion of Mrs. Jennings, seconded Mr. Weaver and a vote of 6 AYES and 0 NOES, Town Council entered into Closed Session for the purpose of discussing the possible acquisition of real property for a public purpose and consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation.  Mrs. Jennings moved that Town Council returned 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. Weaver and carried by a vote of 6 AYES and 0 NOES. The Deputy Clerk polled the Council Members. Messrs Barker, Owens, Weaver, Mrs. Jennings, Mrs. Hale, and Ms. Spencer voted affirmatively.

Upon motion of Mr. Weaver, seconded by Mrs. Jennings and a vote of 6 AYES 0 NOES, Council will pursue the Mr. Gary Frazier property again.

Upon motion of Mr. Weaver, seconded by Mr. Owens and a vote of 6 AYES and 0 NOES, the meeting was adjourned.


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    Mayor                                                                      CLERK