Minutes of a regular meeting of the Town Council of the Town
of Marion, Virginia held in the Council Chambers of the
Dr. James L. Gates; Suzanne Jennings, Jane Hale, Mel Leaman, Mark Warren, and
Bill Weaver, Council Members; Town Manager John E. B. Clark, Jr.; Town Attorney
Mark Fenyk; Community & Economic Development Manager Ken Heath, Purchasing
Agent B. J. Hamm; Police Chief Michael Roberts; Police Lt.
INVOCATION/PLEDGE TO THE FLAG: Mr. Warren rendered the invocation. Dr. Gates led the Pledge to the Flag.
VISITORS: David Barrett, Joe Ellis, Bill Buchanan, Shirley Blackwell, Evelyn Lawrence, Charles Conner, Wythe Morris, Dave Richert, Joe Beattie.
MINUTES: Upon motion of Mrs. Jennings, seconded by Mr. Weaver and vote of 5 AYES and 0 NOES, the minutes were approved as written and distributed. Mrs. Jennings, Mrs. Hale, Messrs Leaman, Weaver, and Warren voted affirmatively.
MRPDC-PRESENTATION OF SERVICE-EXECUTIVE DIRECTOR DAVE
BARRETT: MRPDC Executive Director David Barrett was
present to inform Town Council of the programs and services offered by the
MRPDC. He noted that the MRPDC has
provided services for 40 years. A
celebration will be held in September at the Annual Meeting to be held in
Wytheville. The full Commission meeting
will be conducted at Holston Hills Country Club on April 2 at 6 p.m. with their
Economic Development partners and will be sponsored by
SONG OF THE MOUNTAINS:
Joe Ellis and Bill Buchanan were present on behalf of Song of the
Mountains. Mr. Ellis stated that the
Song of the Mountains is in its fifth season.
It is currently the only venue for
ADOPTION OF CDBG RELATED NON-DISCRIMINATION POLICY, GRIEVANCE PROCEDURE, ANTI-DISPLACEMENT CERTIFICATION AND LOCAL BUSINESS AND EMPLOYMENT PLAN: Mr. Clark explained that these documents are required to be adopted as part of the grant application to CDBG. The final public hearing on the specific projects will be conducted at 7 p.m. on April 6. Upon motion of Mrs. Jennings, seconded by Mr. Leaman and vote of 5 AYES and 0 NOES the policies were adopted.
CLARIFICATION OF FILLING COUNCIL SEAT: Ken Heath resigned his Council seat on February 28. His term would have expired on June 30, 2010. Smyth County Registrar Sandy Elswick advised the following from the State Board of Elections: “The appointee will serve the unexpired term. The Code of Virginia 1950, as Amended, Section 24.2-226 establishes the Court’s necessity to call the Special Election at the next ensuing May General (5/4/10) Election. Sub-paragraph B further establishes, “…no election to fill a vacancy shall be ordered or held if the general election at which it is to be called is scheduled within 60 days of the end of the term of office to be filled.” Therefore no Special Election is necessary.” Mr. Fenyk reminded Council that the position must be filled by appointment within 45 days or the Courts will appoint a replacement.
LETTER TO RAILROAD REGARDING
ACCOUNTS: Mrs. Jennings moved that the accounts be paid in the amount of $608,796.28. Mrs. Hale seconded the motion. Council approved the same by a vote of 5 AYES and 0 NOES. Mrs. Hale, Mrs. Jennings, Messrs Weaver, Warren and Leaman voted affirmatively.
INVESTMENTS: Upon motion of Mrs. Jennings, seconded by Mr. Weaver and vote of 5 AYES and 0 NOES, the Investment Report was approved as presented. Mrs. Jennings, Mrs. Hale, Messrs Weaver, Warren and Leaman voted affirmatively.
RESOLUTION TO PETITION VIRGINIA’S FEDERAL REPRESENTATIVES TO SPONSOR A GRANT FOR BUILDING A MODEL 21ST CENTURY RAIL “STEEL INTERSTATE” SERVICE IN THE I-81 CORRIDOR: A resolution was presented to petition Virginia’s Federal representatives to sponsor a grant for building a model 21st Century rail “Steel Interstate” service in the I-81 Corridor to demonstrate fast rail freight and passenger service. Upon motion of Mrs. Hale, seconded by Mr. Weaver, and vote of 5 AYES and 0 NOES, the Resolution was adopted. Mrs. Hale, Mrs. Jennings, Messrs Weaver, Warren and Leaman voted affirmatively.
FRANCHISE WITH TELEPHONE COMPANY: Mr. Fenyk provided a draft copy of an
Ordinance granting a franchise of United Telephone Company-Southeast, Inc. D/B/A
Embarq to provide telephone service within the Town of
RESOLUTION OF SUPPORT FROM
Upon motion of Mr. Warren, seconded by Mrs. Jennings and vote of 5 AYES and 0 NOES, Council adopted a resolution to apply for funding from the Virginia Department of Health Financial Construction Assistance Program to fund the South Main Street Water Line Replacement Project in an amount that shall not exceed $163,350. Mrs. Hale, Mrs. Jennings, Messrs Warren, Weaver, and Leaman voted affirmatively.
REAL ESTATE COMMITTEE ON MS. SLEMP’S REQUEST TO RENT THE LOT BETWEEN OLD HAPPY’S AND HUNGATE’S ON NORTH MAIN STREET: Mr. Warren moved that the property be rented after advertising for sealed bid seasonal contract. Season to be determined by the Town Manager and cost of advertising will be paid by the successful bidder. Mr. Weaver seconded the motion. Council approved the same by a vote of 5 AYES and 0 NOES.
WATER COMMITTEE ON PLACEMENT OF FIRE METER AT SOUTHWEST VIRGINIA CORRECTIONS INSTITUTE: Mr. Hicks presented an estimate for the installation of an 8” Fire Series Meter assembly with strainer at the SWVa Corrections Institute: Mr. Hicks reported that the cost of this project would be approximately $20,247.57. The Department of Corrections has agreed to pay 50% of the cost of this meter. The Town’s share of the cost would be taken from the Water Escrow Funds. Mr. Leaman moved that the Town proceed with the project and work with the Finance Director on funding. Mrs. Jennings seconded the motion. Council approved the same by a vote of 5 AYES and 0 NOES. Mrs. Jennings, Mrs. Hale, Messrs Leaman, Warren and Weaver voted affirmatively.
CLOSING OF REST AREAS ALONG I-81: Dr. Gates asked if there is concern that the
Governor has proposed to close many of the rest areas along I-81, including our
surrounding area, proposal to close the VDOT residency in Abingdon, and
possible the Marion VDOT Shop. Mrs.
Jennings moved that Mr. Clark contact the County and the Town will follow suit
if they have sent or plan to send a letter of support to keep the VDOT
residency and Marion VDOT Shop opened and to reconsider the closure of I-81
rest areas. If
EDWARD BYRNE ASSISTANCE GRANT: Chief Roberts informed Town Council that he has been notified that the Town is eligible for a grant in the amount of $29,680.
ROUND HILL CEMETERY DAMAGE:
Chief Roberts reported that his Department anticipates charges against
three (3) juveniles with regard to the vandalism in
FARMERS MARKET: Mr. Heath advised that the Farmer’s Market will open on May 9.
FIREWORKS: Letters have been mailed requesting sponsors for the July 4th event.
HUNGRY MOTHER STATE PARK KIOSK: Mr. Heath stated that he will be working with
EASTER EGG HUNT: Mr.
Heath advised that there will be two (2) Easter Egg Hunts this year. One will be held at
CLOSED SESSION- Pursuant to Code of Virginia, 1950, As Amended, Section 2.2-3711 (A)(7) and upon motion of Mrs. Jennings, seconded by Mr. Weaver and vote of 5 AYES and 0 NOES, Council entered into Closed Session to discuss probable litigation. Mrs. Jennings moved that Council return to Open Session and that it is known that only those matters identified in the motion were discussed during the Closed Session. The motion was seconded by Mr. Weaver and carried by a vote of 5 AYES and 0 NOES. Mrs. Jennings, Mrs. Hale, Messrs Warren, Weaver and Leaman voted affirmatively.
Upon motion, duly seconded and vote of 5 AYES and 0 NOES, the meeting was adjourned.