COUNCIL MEETING MINUTES
May 3, 1999


Minutes of a regular meeting of the Town Council of the Town of Marion, Virginia held at the Town of Marion Recreation Department on May 3, 1999 at 7:00 p.m.

PRESENT: Mayor Marshall Guy; S. S. Burkett, Sam Mutter, Mel Leaman, Eugene Hendrick, David Helms, with Mr. Price and Dr. Gates arriving late; Town Manager Henry Booker; Town Engineer Cecil Hicks; Police Sgt. Richard Henderson and Town Attorney Mark Fenyk.

MINUTES: Mr. Leaman noted that he did not make the motion to waive tap fees on properties located at 425 and 429 Buchanan Streets. This motion was made by Dr. Gates. Upon motion of Mr. Mutter, seconded by Mr. Hendrick and vote of 5 AYES and 0 NOES, the minutes were approved with noted correction.

INVOCATION/PLEDGE TO THE FLAG: Mr. Hicks rendered the invocation and Mayor Guy led the Pledge to the Flag.

VISITORS: Bill Huber, Betty Scott, Bill Whittaker, Edward Garzon

REQUEST FOR FIREWORKS DISPLAY PERMIT FOR JULY 4, 1999 - JOHN TATE: Upon motion of Mr. Leaman, seconded by Mr. Mutter and vote of 5 AYES and 0 NOES, this item was continued pending response from Bradley Funeral Home.

APPOINTMENT TO BOARD OF ZONING APPEALS: Mayor Guy suggested that staff contact M. M. Reed concerning this appointment. This item was continued.

PRESENTATION ON AREA TOURISM - BETTY SCOTT: Ms. Betty Scott, a member of the 9th District Tourism Committee, presented a video by the Virginia Southwestern Blue Ridge Highlands, Inc. The video showcased the many recreational, cultural, and scenic vistas offered by the Blue Ridge Highlands area. She informed Council that several agencies have collaborated on this project. The goal is to attract tourists to our region in greater numbers by mounting an aggressive media campaign to market our attractions in certain markets throughout the nation. A four week television campaign and three month advertising campaign in national publications is planned. Congressman Boucher is seeking federal appropriation in support of the project. The Ninth District Tourism Coalition will submit an application for federal funding which will require a local match. All counties, cities, and towns are being asked to support this effort by appropriating matching funds. $6,000 is requested from the Town of Marion. This will be considered during the budget process.

Mr. Price arrived.

EMERGENCY SERVICES COMMUNICATION - TOM WHITAKER: Mr. Whitaker, Precision Sound and Security, Inc., Bristol, TN, informed Town Council that Smyth County is trying to terminate their contract with his company, the alarm service provider. Several years ago, the Town of Marion transferred all alarm systems from the Marion Police Department to Central Dispatch. A contract exists between the Town of Marion and Smyth County that the County will monitor these alarm systems. Mr. Leaman, the Town's representative on the 911 Committee, stated that no formal request to terminate this portion of the agreement has been received from Smyth County. He added that no action is necessary unless Smyth County contacts the Town. Mr. Leaman suggested that the Town Attorney, Mark Fenyk, contact John Tate, Attorney for Smyth County, concerning this matter.

REVIEW OF MUNICIPAL BUILDING RENOVATION BIDS - BILL HUBER: Bids for the renovation of the Municipal Building were received on April 27, 1999. The architect's estimate for the work was $378,000. The low bid was $581,519. This is substantially more than the estimate. Mr. Huber is negotiating with the low bidder for cost savings. Cost of the project is approximately $75 per square foot. Mr. Huber and the Building Committee will check references, analyze the bids and discuss possible plan changes. It was noted that the Town may reject all bids and change the scope of the project and rebid. This would take an additional 6 weeks. Mr. Mutter moved that this matter be referred to the Building Committee. The motion was seconded by Mr. Leaman and carried by a vote of 6 AYES and 0 NOES.

REVIEW OF FOWLER STREET BID: Mr. Hicks stated that only one bid was received. W-L Construction and Paving, Inc submitted a bid of $150,351.28 for the widening of Fowler Street. Mr. Helms moved that the project be awarded to W-L Construction and Paving, Inc. The motion was seconded by Mr. Hendrick and carried by a vote of 5 AYES and 1 NOE (Mutter).

CROSSOVERS & CULVERTS - SOUTH MAIN STREET: Edward Garzon, X-L Rentals, complained that cars are "dragging" as they enter the parking lot of his business. He stated that Marion Motel is having the same problem. Mayor Guy instructed staff to look into this matter.

STREET COMMITTEE - VIRGINIA DEPARTMENT OF TRANSPORTATION MAJOR TRANSPORTATION PLAN UPDATE: Mr. Booker informed Council that the Street Committee met with representatives of VDOT and Parsons Brickerhoff, the State's consultant about the Major Thoroughfare Plan. They will review transportation issues in the Marion area and will focus primarily on SR 16 and US 11. Among the issues discussed were: Keeping Exit 44 in operation after the McMullen Interchange is build; East Main Street/Pendleton Street intersection; Whether or not the traffic signals on Main Street should be coordinated; problems surrounding the Main Street Railroad Crossing; Change in traffic patterns with the construction of the Fowler Street/Culbert Drive connector; and Extending utilities under I-81 during widening. Mr. Booker asked for any suggestions on additions to the list.

WATER COMMITTEE - HENRY STREET WATER LINE: Mr. Booker advised that plans are underway for replacement of the water line on Henry Street. Currently a 1" line services 44 locations. Installation of a new line connected at Chatham Hill Road will improve service and allow for the placement of a fire hydrant in the area. Funds will be utilized from the Water/Sewer Renewal Fund.

WATER METER CALIBRATIONS-COMMERCIAL: Mr. Hicks advised that calibration of Commercial water meters will begin in the near future.

LEGISLATIVE BREAKFAST: Mayor Guy reported that several members of Town Council attended the recent Legislative Breakfast at Hungry Mother State Park. Delegate Tate and Senator Marye were present. One matter that will affect the Town of Marion concerns meals tax on cold sandwiches and beverages. The Legislative Committee will monitor this matter.

REQUEST FOR SPECIAL USE PERMIT-850 HOLLOW ROAD- JOHN C. HARRISON, JR.: Mr. Harrison requested a permit for a home business for retail for radio-controlled car parts and accessories. He states that this will be an Internet based business with mailing in and out of home. Mr. Mutter moved that a Pubic Hearing be scheduled on June 7 at 7:00 p.m. to discuss the request. The motion was seconded by Mr. Leaman and carried by a vote of 6 AYES and 0 NOES.

NATIONAL DAY OF PRAYER: Mayor Guy asked that all participate in the National Day of Prayer on May 6.

Dr. Gates arrived.

VIRGINIA RETIREMENT SYSTEM: Notice has been received that the General Assembly and Governor have approved unreduced retirement at age 50 with 30 years of service effective July 1, 1999. Political subdivisions have an option not to participate in this benefit eligibility change. There is no rate increase in FY2000 for this benefit. Mr. Leaman moved that this matter be referred to the Insurance Committee for study and recommendation. The motion was seconded by Mr. Mutter and carried by a vote of 7 AYES and 0 NOES.

TOWN CRIER: A draft of the Town Crier was distributed to members of Town Council for comment and additions/deletions.

SMYTH COUNTY COMMUNITY HOSPITAL APPEAL: Town Attorney Mark Fenyk informed Council that SCCH has filed an appeal on a previous court ruling with regard to taxation of Francis Marion Manor. A brief must be filed with the court. It was suggested that the Town and Smyth County jointly prepare the brief and split the cost. Mr. Booker advised that the Town does not have the authority to determine the assessment of property. This is entirely the responsibility of Smyth County. Discussion ensued. Mr. Leaman moved that the Town and County attorneys prepare the brief jointly and that the cost be divided on a pro-rated basis. The motion was seconded by Dr. Gates and carried unanimously.

APPLETREE PARKING: Mr. Booker asked Town Attorney Fenyk assist with enforcement of the Town's ordinance with regard to problems with vehicles parking at the lot next to the Apple Tree Restaurant bringing mud onto the highway. Mr. Fenyk advised that he has a conflict with the ownership of the property.

PATCHING STREETS: Mr. Helms asked if the Town is patching streets and mowing right of ways. Mr. Booker advised that this is an ongoing project for the town crew.

WATER ON SIDEWALK AT FOOD CITY: Mr. Helms asked if a determination has been made concerning water on the sidewalk at Food City. It was determined that this was a sewer problem that has been corrected.

911 SIGNS: Mr. Helms notified staff that the "McIntyre Place" sign has disappeared and may need to be replaced.

VIRGINIA RETIREMENT SYSTEM: Mr. Mutter reminded members that VRS representative Bo Harris will visit Council on May 12, 1999 at 7:00 p.m. He will be available to explain and answer questions concerning LEOS coverage and 50/30 retirement benefits.

TAX TICKETS: Ms. Sheets advised that Smyth County has informed the Town that they will no longer print the Town's tax books and tickets. This must be contracted and Smyth County will supply necessary data. Contacts are being made to acquire a contractor. No cost estimate has been determined.

WASSONA PARK PROJECT: Mr. Hicks stated that the Wassona Park Project is 90% complete.

METER REPLACEMENT/REBID: Mr. Hicks advised that meter replacement bids are due 5/7/99.

VML-TOWN SECTION MEETING: Mr. Booker reminded Council that the VML Town Section Meeting will be held 5/20/99 at the Martha Washington Inn, Abingdon, VA.

TRAIN WHISTLE-NORFOLK/SOUTHERN: Mr. Booker informed Council that N/S representative, Bill Lewis, had been notified of the Ordinance change and given sufficient time to comply. He added that he had requested a reply in writing if N/S felt the time limit was insufficient. There has been no reply from N/S and train whistles are still sounding. Mr. Fenyk advised that the Ordinance can be enforced. However, if someone is injured, the Town could have liability. Mr. Fenyk will research this matter.

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