COUNCIL MEETING MINUTES

August 16, 1999

Minutes of the Town Council meeting of the Town of Marion, Virginia held at the Recreation Department building, 100 Chilhowie Street on August 16, 1999 at 7:00 p.m.

PRESENT: Vice Mayor S. S. Burkett; Sam Mutter, Mel Leaman, Eugene Hendrick, Ralph Price and James Gates, Council Members; Town Manager Henry Booker; Town Engineer Cecil Hicks; Billy Hamm, Purchasing Agent and Police Chief Charles Overbay.

MINUTES: Upon motion of Mr. Hendrick, seconded by Mr. Leaman, and vote of 5 AYES and 0 NOES, the minutes were approved as written and distributed. Mr. Mutter, Dr. Gates, Mr. Leaman, Mr. Hendrick, Mr. Price voted affirmatively.

INVOCATION/PLEDGE TO THE FLAG: Mr. Hicks rendered the Invocation and the Pledge to the Flag was led by Vice Mayor Burkett.

VISITORS: Linda Horne, James Horne, Grey Pennington, Joan Musser, Wilma Cook, Jimmy Cook, T. R. Mitchell, Sarah Pruitt, Lisa Heckert, Ruth Gentry, Charles Gentry, Judy Winebarger, Bill Winebarger, Henry Evans, Maurice Hall, Robert Guy, Reva Phillips, Rhonda Felty, Barbara Steele, Regina Roberts, Glen Snyder, Eddie Thomas, Tom Dancy, Carl Thomas, Robert Lawrence, Michael Felty, Gale Livesay, Rev. Turner, Barbara Call, Jeff Larson.

PUBLIC HEARING TO AMEND THE CODE OF MARION TO INCLUDE A PENALTY OF $100 PER OCCURRENCE FOR BLOWING OF TRAIN WHISTLES OR HORNS IN THE CORPORATE LIMITS OF MARION, VIRGINIA DURING CERTAIN SPECIFIED HOURS: Council previously passed the whistle limitation ordinance; however, there was no specific penalty associated with this. The Public Hearing is to add a not to exceed $100 for each offense. The proposed ordinance change is to add a new Section 74.179. Penalty for violation of Section 74-178. "Every officer or employee of any railway company, whose duty it shall be to carry out any of the provisions of Section 74-178 and who shall fail to do so, shall be punished by a fine not exceeding $100.00 for each offense." Glenn Snyder and Gale Livesay spoke in favor of the ordinance but questioned the fine. They felt it was inadequate to send a message to the railroad. Mr. Snyder played a tape of the train whistle blowing near and in front of his home. He also stated that sometimes the cars turn when the train has blocked the tracks. In one instance, Mr. Snyder stated that a car got past the crossing gate and between it and the tracks and that a Police Car was on the opposite side of the tracks and did not cite the driver. Bob Guy asked if the Town has the authority to regulate this matter. Mr. Hendrick explained that negotiations with the railroad have been unsuccessful and that the Town has requested an exemption from Federal Regulations concerning this matter. Also, the Town has contacted our Congressmen to assist in this process. It is expected that the railroad will challenge the Ordinance in Court and the Town of Marion is prepared to defend it's position on this matter. Upon motion of Mr. Hendrick, seconded by Mr. Leaman, and vote of 5 AYES and 0 NOES, the ordinance was passed.

PUBLIC HEARING TO AMEND THE CODE OF MARION TO INCLUDE PROVISIONS TO PROHIBIT RAILROAD TRAINS FROM BLOCKING THE PUBLIC ROADS IN MARION, VIRGINIA FOR PERIODS IN EXCESS OF FIVE MINUTES, EXCEPT UNDER SPECIFIC, ENUMERATED CONDITIONS: It was reported that the Town has had a problem with the Main Street Crossing being blocked by trains for extended periods of time. In addition to the inconvenience to motorists, blocking the tracks presents a problem for emergency vehicles. The proposed ordinance change is to add a new Section 74-180. Railroad cars obstructing street or road; standing vehicle on railroad track. " It shall be unlawful for any railroad company, or any receiver or trustee operating a railroad, to obstruct for a longer period than five minutes the free passage on any street or road by standing cars or trains across the same, except a passenger train while receiving or discharging passengers, but a passway shall be kept open to allow formal flow of traffic; nor shall it be lawful to stand any wagon or other vehicle on the track of any railroad which will hinder or endanger a moving train; provided that when a train has been uncoupled, so as to make a passway, the time necessarily required, not exceeding three minutes, to pump up the air after the train has been recouped shall not be included in considering the time such cars of trains were standing across such street or road. Any such railroad company, receiver or trustee, violating any of the provisions of this section shall be fined not less than $100.00 nor more than $500.00; provided that the fine may be $100.00 for each minute beyond the permitted time but the total fines shall not exceed $500.00. This section shall not apply when the train is stopped due to breakdown, mechanical failure or emergency." Upon motion of Mr. Hendrick, seconded by Mr. Leaman and vote of 5 AYES and 0 NOES, Council approved the amendment to comply with State Code. Mr. Mutter, Mr. Price, Mr. Hendrick, Dr. Gates, and Mr. Leaman voted affirmatively.

REQUEST FOR SPECIAL USE PERMIT FOR HOME OCCUPATION - 130 PARK BOULEVARD - K. Bauman: This item has been continued.

REQUEST FOR SPECIAL USE PERMIT FOR HOME OCCUPATION -1126 PRATER LANE:

This item was set for Public Hearing on 9/9/99 at 7:00 p.m.

WATER CONCERNS-PRESENTATION BY BARBARA CALL: Ms. Call and a host of Route 16 water customers were in attendance to complain of lack of water and poor water pressure. They also stated that they have been on "boil water" notice for years. Residents stated that this has been a problem for five (5) years. They felt that they have been patient in waiting for the Town to provide adequate service to them. Mr. Leaman stated that the Town has been addressing this problem and has discussed a solution with Smyth County. One solution is to construct a tank near the fish hatchery to serve approximately 50 customers. Another solution is to tap onto the County line off of the Currin Valley system or the Hutton Branch system when developed. The residents do not want to wait on the Hutton Branch system. They state that they are in need of water now. Mr. Hicks informed those present that the "boil water" notice is issued by the Health Department. The water that serves the system is from the Town Spring and contact time for chlorine treatment is 100 minutes. The water travels past these residences before the 100 minute time limit has passed. Following a lengthy discussion, Mr. Leaman moved that this matter be referred to the Water Committee for study. The motion was seconded by Mr. Mutter and carried by a vote of 5 AYES and 0 NOES.

RESOLUTION OF RECOGNITION OF THE LABOR DAY CELEBRATION IN SALTVILLE, VIRGINIA: Mr. Booker read Resolution 99-181 into the record. Upon motion of Dr. Gates, seconded by Mr. Hendrick and vote of 5 AYES and 0 NOES, the Resolution was adopted.

ACCOUNTS: Upon motion of Mr. Mutter, seconded by Mr. Leaman, and vote of 5 AYES and 0 NOES, the accounts were approved for payment in the amount of $672,307.28 . Mr. Leaman, Dr. Gates, Mr. Hendrick, Mr. Price and Mr. Mutter voted affirmatively.

INVESTMENTS: Upon motion of Dr. Gates, seconded by Mr. Leaman and vote of 5 AYES and 0 NOES, the investments were approved as presented.

STEELE PARK-IRON STREET: Barbara Steele noted that at a recent Council Meeting, Council referred a request and petition on replacement of the basketball goals at Steele Park to the Recreation Committee. Mr. Leaman stated that the Recreation Committee has not met on this request. Mr. Booker advised that the Town owns property that is being considered for a basketball court in the area. However, no action has been taken concerning the request or petition. It was noted that Steele Park is on the schedule to be renovated.

WATER PROBLEM/SAND: Mr. Bob Guy reported that periodically he must clean sand from the flush box of his commode. Mr. Hicks stated that this could be sediments that lie in the joints of the water line. Mr. Guy objected that his problem is due to the sand filters. He stated that filters are available that would filter sand out of the water. This matter was referred to the Water Committee.

SANITATION COMMITTEE - REPORT ON BRUSH PICKUP: This item was continued

INSURANCE COMMITTEE- REPORT ON MEDICAL INSURANCE FOR RETIREES: The Insurance Committee reviewed the cost of health insurance as it refers to retired employees. It is the recommendation of the Committee that the retirees' monthly charge for health insurance be changed as follows: Single $175 and Family $400. Upon motion of Mr. Hendrick, seconded by Mr. Leaman, and vote of 5 AYES and 0 NOES, Town Council approved the rates for retirees. Mr. Leaman, Mr. Hendrick, Mr. Price, Mr. Mutter and Dr. Gates voted affirmatively. Mr. Mutter was concerned that the Town should pursue other group insurance and changing the renewal date so that this may be discussed prior to preparation of the budget.

STREET COMMITTEE-REPORT ON ASSISTANCE WITH UPGRADING RADIO HILL ROAD: Smyth County Community Hospital has requested that the Town contribute $33,000 to upgrade Radio Hill Road to state standards. The Committee made the following recommendations: 1) Hospital to repair the section of the road which their contractor damages; and 2)That the Hospital bring the road surface up to State Standards from Dogwood Lane to the Entrance of the Wellness Center; and 3) That the Town provide curb and gutter from Dogwood Lane to the Entrance of the Wellness center. This would be an estimated cost of $13,000 for the Town. This item was continued pending response from Smyth County Community Hospital.

STREET COMMITTEE - REPORT ON IRON STREET PARKING: The Committee met with members of Mt. Zion Temple Church and the neighborhood and discussed parking and traffic safety. It is the Committee's recommendation that parking on Iron Street be allowed between Cherry Street and Orange Street on the west (sidewalk side) only. The Town would post "No Parking" signs on the East side of Iron Street. Discussion ensued. Regina Roberts stated that this solution would make matters worse. Rev. Turner stated that the Church plans to clean up the vacant property in the area but does not intend to develop a parking lot. Mr. Hendrick stated that the recommendation was a compromise that he hoped could be instituted on a trial basis. Mr. Hendrick moved that parking be allowed on the west side of Iron Street only. The motion was seconded by Dr. Gates and was defeated by a vote of 1 AYE and 4 NOES (Leaman, Price, Gates, Mutter). Dr Gates added that there are a number of streets where parking is on both sides. This should be considered Town-wide.

BUILDING COMMITTEE- REPORT ON MUNICIPAL BUILDING CHANGE ORDERS: A list of change orders on the Municipal Building Renovation project was discussed. Some are 'trade-off' items. Dr. Gates stated that any changes that involve funding will be brought back to Town Council for review.

WATER COMMITTEE- REPORT ON SMYTH COUNTY'S REQUEST TO USE SPRING WATER TO SERVE THE HUTTON BRANCH SYSTEM: Smyth County has requested that they be allowed to use water from the Town Spring as a back-up water supply for their Hutton Branch System. The project has not yet been bid. The County is willing to pay $1.65/1,000 (Current County price is $3.29/1,000) for this water. The Town is concerned that extracting a great amount of water from the Springs would upset the hydrolic balance which we have. Also the Town must supply water to 48 customers who are on boil water notice on S.R. 16. The Committee recommended: a) the Town Engineer determine the cost of constructing an additional tank and pump station to serve those customers. Current estimate is that this would be between $50,000 and $100,000. B) the Town offer those funds to the County to offset the cost of serving their customers. C) the County would hook on to the Town line off Johnston Rd. or off U. S. 11 and would pay regular water rates. Smyth County is to review the Town's proposal. This is in the same area that residents from Rt. 16 attended tonight's Town Council meeting. Mr. Hicks suggested that the Town run a 6" pipe on Currin Valley Road and install a master meter to serve Route 16 customers on the Town line. This would have to be negotiated with Smyth County. He also stated that a site for the tank, if Town Council decides to install one, has been selected. Mr. Burkett stated that his concern is that the Town cannot push water from Johnson Road to these customers if the springs go off-line. Members of Council asked that a solution to the water and pressure problem be presented at the 9/9/99 Town Council meeting. Mr. Booker informed Council that the County is currently operating without a water contract.

MARLEY MOULDING WATER: The Town Engineer is working with Marley to determine the flow of water within the plant along with the source of water at the various meters. Marley Moulding feels that the Town has been overcharging the company for water. The Town believes that the Company may have had access to unmetered water. The Committee recommends that the Ordinance Committee consider a change in the Town Code which would require all water service to the Town customers to be metered.

SEWER CONNECTION BILL: A request had been received from Clayborne Gwyn protesting the connection fee for a sewer hookup on Main Street. The Water Committee recommended a reduction in the bill of $780.38. Upon motion of Mr. Price, seconded by Mr. Mutter , and vote of 4 AYES and 1 NOE (Leaman) the request for reduction of the connection fee was denied. Adjustment would change the current procedure.

EQUIPMENT COMMITTEE- REVIEW OF COMPUTER BIDS: Jeff Larsen, Advanced Logic Industries, is the Town's consultant on the Town's computer system. He presented a brief overview of his company's assessment of the Town's computer system and future needs. No major problems are expected for Y2K. However, a contingency plan should be in place. He noted that the Financial System is not Y2K ready and should be upgraded first and the Town should budget on an annual basis for hardware, software, support, training, and staff changes. Mr. Leaman stated that three (3) bids were received for the system: Manatron, Bright and Associates, and HTE. Bright and Associates were the apparent low bidder with $150,000 over a 5 year period. This would be a "turn key system". Mr. Larsen plans to contact Brights to discuss their bid throughly. Mr. Larsen was asked to acquire a copy of the proposed contract for review by the Town's Attorney Mark Fenyk. Staff and consultant recommendation is to award the computer system to Bright and Associates. Bids were referred to the Equipment Committee for review. If the Equipment Committee recommends the matter may be referred to the Finance Committee for discussion, study and recommendation.

TOWNS/COUNTY QUARTERLY MEETING: The Town of Marion will host the Quarterly Meeting on August 25, 1999 at 6:00 p.m. at the Marion Fire Department Building on West Main Street. However, there may be a conflict with this date due to a function in Saltville.

SURPLUS SALE: Town Purchasing Agent B. J. Hamm presented a list of surplus items to be offered at sealed bids.

CHANGE OF TOWN COUNCIL MEETING: The Town Clerk noted that the next Town Council meeting will be changed, by Ordinance, to 9/9/99 at 7:00 p.m.

STREET DAMAGE-PARK BOULEVARD: Mr. Price informed Council that the large W-L Construction trucks entering Park Boulevard may damage the asphalt on the street. Mr. Hicks advised that Town staff is monitoring this situation. Smyth County Community Hospital has agreed to repair any damage that the contractors do to the street.

IRON STREET PARKING: Mr. Hendrick moved that the action taken by Marion Town Council on June 21, 1999 be rescinded and parking be allowed on both sides of Iron Street. The motion was seconded by Dr. Gates and carried by a vote of 4 AYES and 1 NOE (Price).

WATER SERVICE: Mr. Mutter requested that when possible area residents be notified that water service will be disconnected for repairs. He states that this is not being done by contractors. Mr. Booker noted that this is a contract provision.

FEDERAL POLICE GRANT: Mr. Booker advised that a federal grant was received to allow the Town of Marion to hire 2 police officers. These officers were to be used in the downtown area as foot patrol and bike patrol. He cited that these officers must be being used elsewhere. He requested that the Town Attorney review the grant document for compliance.

REPORT ON TRAFFIC ENGINEERING STUDY OF CHILHOWIE STREET/MAIN STREET INTERSECTION- TOWN ENGINEER: Mr. Hicks reported on the recommendations from Ronnie Hubble, District Traffic Engineer, concerning this problem. After review, Mr. Leaman moved that this item be dropped from the agenda. The motion was seconded by Mr. Price and carried by a vote of 5 AYES and 0 NOES.

REPORT ON RIVERBEND PARK-TOWN MANAGER: No report.

PEDESTRIAN SWITCH: Bob Guy complained that there is a short time span to cross the street when using the Pedestrian switch. Mr. Hicks will check on this item.

TRAIN WHISTLE/VIOLATION: Chief Overbay asked who to cite for violations of the Train Whistle Ordinance. The Ordinance should be posted and enforced. He was instructed to take the citation to the Court House and cite Bill Lewis, Trainmaster.

Upon motion, duly seconded, and vote of 5 AYES and 0 NOES, the meeting was adjourned.