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 June 15, 2009 at 7:00 p.m.

 

PRESENT:   Mayor David P. Helms; Dr. James Gates, Jane Hale, Suzanne Jennings, Mel Leaman, Eugene Hendrick, Bill Weaver and Mark Warren, Council Members; Town Manager John E. B. Clark, Jr.; Town Engineer/Assistant Town Manager Cecil Hicks; Police Chief Michael Roberts; Sgt. Rick McNew; Purchasing Agent B. J. Hamm; Town Attorney Mark Fenyk; Community & Economic Development Manager Ken Heath; Town Clerk/Director of Finance Dixie Sheets.

 

INVOCATION/PLEDGE TO THE FLAG:   Cecil Hicks rendered the invocation.  Mayor Helms led the Pledge to the Flag.

 

VISITORS:  Steve Holly

 

MINUTES:  Upon motion of Mrs. Jennings, seconded by Mrs. Hale and vote of 7 AYES and 0 NOES, the minutes of the meeting, conducted on June 1, 2009, were approved as written and distributed.  Dr. Gates, Mrs. Jennings, Mrs. Hale, Messrs Leaman, Hendrick, Warren and Weaver voted affirmatively.

 

Upon motion of Mrs. Jennings seconded by Mr. Weaver and vote of 7 AYES and 0 NOES, the minutes of the Special Called Meeting conducted on June 8, 2009 were approved as written and distributed.  Dr. Gates, Mrs. Jennings, Mrs. Hale, Messrs Leaman, Hendrick, Warren and Weaver voted affirmatively.

 

PUBLIC HEARING – PROPOSED FY 2009-2010 ANNUAL BUDGET:  Mr. Steve Holly, 731Chestnut Ridge Road was present representing Brain Injury Services of Southwest Virginia.   The group had requested a $500 donation be included in the 2009-2010 Budget.   Mr. Holly explained that the agency provides case management for all counties in the Southwest Virginia region.  They provide life skills training, assistance with medical care, assistance with general living expenses, plans for education and any other services necessary.   The care keeps them from having to be admitted to nursing homes and hospitals and allows them become a vital part of the community.  Brain Injury Services of Southwest Virginia is funded 80% by the Department of Rehabilitation Services and 20% private funds.   No further comments, for or against, the budget were received.  Mayor Helms closed the Public Hearing.  He added the adoption of the Budget will be considered at the Special Called Meeting on June 30, 2009 at 5:15 p.m.

 

Mrs. Jennings moved that Council grant the request for funds to Brain Injury Services of Southwest Virginia in the amount of $500.   Mr. Weaver seconded the motion.   The motion was defeated by a vote of 2 AYES (Jennings, Warren), 4 NOES (Hendrick, Gates, Weaver, Leaman and 1 ABSTENTION (Hale). 

 

REPORT ON GOVERNING BODIES AGREEMENT ON PARKING GARAGE, AUTHORIZATION TO SIGN AGREEMENT, AND DISPOSITION OF APPRAISAL BILL: 

Mr. Fenyk informed Council that the County Attorney John Tate requested a proviso that the County clean the garage area of snow and that the Town perform general maintenance duties.    Council members were perplexed that these issues had to be addressed before the design is completed.  Mr. Heath advised that DHCD is only asking for a basic agreement between the Town and County on the parking structure.  Discussion ensued.  Dr. Gates moved that the Agreement be signed, as is, and that appropriate Town officials be authorized to sign.  He further moved that the Town perform routine maintenance on the facility and that the Town receive any revenue generated from the parking deck.  Mrs. Jennings seconded the motion.  Council approved the same unanimously.  Dr. Gates, Mrs. Hale, Mrs. Jennings, Messrs Leaman, Weaver, Warren and Hendrick voted affirmatively.

 

DISPOSITION OF THE APPRAISAL BILL:  Mrs. Jennings stated that Mr. Bill Huber and Mr. Joe Ellis, speaking on behalf of a group of citizens, had informed Town Council that private citizens would pay for the appraisal services.  Mrs. Jennings moved that Dr. Gates approach these gentlemen to discuss the appraisal services bills.  Mrs. Hale seconded the motion.  Council approved the motion unanimously.

 

REPORT ON RURAL DEVELOPMENT FUNDING AND RESOLUTION SUPPORTING SAME:    Upon motion of Mr. Warren, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, the following Resolution was adopted.

 

RESOLUTION OF THE GOVERNING BODY OF THE TOWN OF MARION

 

            The Governing Body of the Town of Marion consisting of 7 members, in a duly called meeting held on the 15th day of June 2009, at which a quorum was present, RESOLVED as follows:

            BE IT HEREBY RESOLVED that, in order to facilitate obtaining financial assistance from the United States of America, acting by and through the Rural Housing Service, an agency of the United States Department of Agricultural, (the Government) in the development of Police and Fire Equipment to serve the community, the Town of Marion does hereby adopt and abide by the covenants contained in the agreements, documents, and forms required by the Government to be executed.

            BE IT FURTHER RESOLVED, that the Mayor of the Town of Marion be authorized to execute on behalf of the Town of Marion the above-referenced agreements and to execute such other documents including, but not limited to, debt instruments and security instruments as may be required in obtaining the said financial assistance.

            This Resolution, along with a copy of the above-referenced documents, is hereby entered into the permanent minutes of the meetings of this Governing Body.

 

Attest;

 

________________________________    By:_______________________________

John E. B. Clark, Jr., Town Manager             David P. Helms, Mayor

           

 

            I hereby certify that the above resolution was duly adopted by the members of the Governing Body of the Town of Marion in a duly assembled meeting on June 15, 2009.

 

________________________, Dixie O. Sheets, MMC, Town Clerk 

 

RECOMMENDATION ON CONSULTANT ON OLD SCHOOL SLUM AND BLIGHT PROJECT:    Mr. Heath stated that the Review Committee, consisting of Dr. Gates, Mr. Clark, Michael Armbrister (MRPDC) was pleased with all three (3) presentations.  The Committee recommended Spectrum Design to perform architectural services for the Project.  Upon motion of Dr. Gates, seconded by Mr. Warren and vote of 6 AYES and 1 ABSTENTION (Weaver),  the Town will enter into contract negotiations with Spectrum Design.  Dr. Gates, Mrs. Hale, Mrs. Jennings, Messrs Leaman, Warren and Hendrick voted affirmatively.

 

REPORT ON STREETSCAPE PROJECT:  Mr. Heath asked that Town Council appoint the Street Committee, a representative from Marion Downtown and himself to serve on a task force to direct the work of Spectrum Design on the Downtown Streetscape project.  Mr. Weaver moved that the Street Committee, along with a Marion Downtown representative and Mr. Heath serve on the task force for the  Downtown Streetscape project.  Mrs. Jennings seconded the motion.  Council approved the same unanimously.

 

NOTICE OF SPECIAL MEETING ON JUNE 30, 2009 AT 5:15 P.M.:    Mayor Helms set a Special Meeting of Marion Town Council at 5:15 p.m., on June 30, 2009, for the purpose of ending fiscal year matters. 

 

SITUATION ON EAST CHILHOWIE BRIDGE INVOLVING DAMAGE EVALUATION AND INSURANCE:   Mr. Hicks stated that Mattern and Craig have assessed the damage to the Chilhowie Street Bridge and are preparing a proposal for repair.   Damage to the Bridge was the result of a hit and run accident.  The person who hit the Bridge has been identified and is insured.   Mr. Clark informed Council that the Town’s insurance policy specifically exempts this event and that the expense to repair the Bridge may have to be paid up front.   The Town’s insurance is in contact with the citizen’s insurance company and they have been advised that the Town will be pursuing payment.   It is estimated that the Bridge will be closed for at least 2 months.

 

ACCOUNTS:  Mr. Weaver moved that the accounts be paid in the amount of $562,612.55.  Mrs. Jennings seconded the motion.  Council approved the same by a vote of 7 AYES and 0 NOES.   Dr. Gates, Mrs. Jennings, Mrs. Hale, Messrs Leaman, Hendrick, Warren and Weaver voted affirmatively.

 

INVESTMENTS:  Upon motion of Mr. Weaver, seconded by Mrs. Jennings and vote of 7 AYES and 0 NOES, the Investment Report was approved as written and distributed.

 

RECYCLING UPDATE ON OIL/PAINT AND SCHOOL BOARD /FIRST FRUITS VENTURE:  Mr. Heath advised that no additional information is available on these matters.

 

REQUEST FROM DISTRICT III ON APPOINTMENT:  Upon motion of Mrs. Jennings, seconded by Mr. Weaver and vote of 6 AYES and 1 ABSTENTION (Hale), Jane Hale was appointed to serve on the District III Governmental Cooperative Board.   Mrs. Hale agreed to serve.   Upon motion of Mrs. Jennings, seconded by Mr. Weaver and vote of 6 AYES and 1 ABSTENTION (Hendrick), Eugene Hendrick was appointed as Alternate to serve on the District III Board. 

 

DEER POPULATION:   Mrs. Jennings stated that several complaints have been received concerning the increased deer population in Town.   Discussion ensued.  Mrs. Jennings moved that the Town request a representative from the Game and Inland Fisheries Commission attend Council Meeting on what action can be taken.   Mr. Leaman seconded the motion.  Council approved unanimously.

 

Mr. Hendrick stated that he attended an Urban Deer Management Seminar several years ago.  He added that the Deer Management can be addressed by Controlled Hunting Programs.  The Town may control the type of weapons to be used and such action would require a public hearing.  According to Mr. Hendrick, 21 localities currently participate in this type of program. 

 

CLARIFICATION ON OLD SCHOOL AND PARKING GARAGE:  Mr. Leaman stated that the success of the renovation of The Lincoln Theatre is attributed to many, many people who volunteered their time, expertise and finances to this project.   He stated that, at no time, did he intend to insinuate that a select few were responsible for the success of The Lincoln Theatre renovation.

 

RELAY FOR LIFE:  Ms. Sheets informed Council that the Town contributed $564 to Relay for Life.   Mr. Bill Earp won the “one year free garbage collection” from the Town. 

 

DOWNTOWN AWARDS:   Mayor Helms stated that he attended the Downtown Awards and those receiving awards seemed most appreciative. 

 

RESOLUTION IN OPPOSITION TO THE APPALACHIAN POWER REQUESTED RATE INCREASE:   Upon motion of Mrs. Hale, seconded by Mr. Leaman and vote of 5 AYES and 2 NOES (Gates, Hendrick), the following resolution was adopted.

 

RESOLUTION IN OPPOSITION TO THE

APPALACHIAN POWER REQUESTED RATE INCREASE

 

WHEREAS, the Town of Marion is a municipal corporation chartered and wholly located            in the Commonwealth of Virginia, and;

WHEREAS, the Town of Marion has been presented with a request by Appalachian         Power for rate increases which have also been presented to the Virginia State

            Corporation Commission, and;

WHEREAS, the Town Council for the Town of Marion has considered the proposed rate             increases and is in opposition to the requests by Appalachian Power for increases         in its rates to be charged to their customers within the Town of Marion.

NOW, THEREFORE, LET IT BE RESOLVED that the Town Council of Marion does    hereby make known its opposition to the rate increases presented to the Virginia      State Corporation Commission for review.  The Town of Marion, Virginia asks the Virginia State corporation commission to deny Appalachian Power’s     requested rate increases.

 

LET IT FINALLY BE RESOLVED that this resolution shall become effective June 15,   2009.

 

__________________________________                ___________________________

David P. Helms, Mayor                                              Dixie O. Sheets, Town Clerk

 

 

FARMER’S MARKET:  Mr. Heath advised that the Farmer’s Market is going well.  Currently, it is between seasons…flower and plant season is ending and the fresh vegetables have not ripened.   There are other items to be purchased, such as canned goods, meat, and bread. 

 

CHILI TEAM:  Mr. Heath stated that information on the Town Chili Team has been provided.  Mayor Helms asked that Mr. Heath make some personal contacts to increase the number of chili teams.

 

MARION DOWNTOWN SPONSOR:   Mr. Heath presented Mr. Clark with a Marion Downtown Sponsor Plaque for 2008-2009.

 

FIRST FRUITS AGREEMENT:   The Water Committee will meet to discuss the Agreement between First Fruits Company and the Town of Marion. 

 

Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the meeting was adjourned.

 

 

_______________________________                 ___________________________

Mayor                                                                          Clerk