COUNCIL MEETING MINUTES
March 20, 2000

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 March 20, 2000 at 7:00 p.m.

PRESENT: Mayor Marshall Guy; David Helms, Sam Mutter, Mel Leaman, Eugene Hendrick, James Gates and Ralph Price, Council Members; Town Manager Henry Booker; Town Engineer Cecil Hicks; Town Attorney Mark Fenyk; Police Cpl. Mike Roberts; and Purchasing Agent B. J. Hamm.

MINUTES: Mr. Helms advised that Mr. Winters had contacted local schools and there is no school property available for the establishment of a Skate Park. Also, Mr. Hendrick stated that the "flyover map" is already available and the Town may be interested in obtaining a current price for this document. Upon motion, duly seconded and vote of 7 AYES and 0 NOES, the minutes were approved as written and corrected.

VISITORS: Pat Rankin, Lee Ann Prescott, Ken Heath, Malcolm Brown III, Malcolm Brown IV.

STATUS OF PEDESTRIAN BRIDGE: Mr. Booker reported that he has written the railroad attorney requesting permission to use the bridge as a pedestrian crossing. Mr. Fenyk stated that if the Town wishes to opt to participate in the Quiet Zone, proposed regulations (lights and gates) include pedestrian crossings. Staff recommendation is to repair the deck and close off one end of the bridge and use as a fishing pier. Mr. Leaman informed Council that Rep. Rick Boucher is hosting a conference with railroad personnel on March 25, 2000 in Abingdon. It was the consensus of Council that the Town prefers continued use of the foot bridge. Upon motion of Mr. Helms, seconded by Mr. Mutter and vote of 7 AYES and 0 NOES, this item was continued.

ACCOUNTS: A hold was placed upon item # 110, U. S. Construction in the amount of $56,197.95. Upon motion of Mr. Helms, seconded by Mr. Hendrick, and vote of 7 AYES and 0 NOES, the accounts were approved for payment in the amount of $350,567.59.

INVESTMENTS: Upon motion of Mr. Burkett, seconded by Mr. Mutter, and vote of 7 AYES and 0 NOES, the Investment Report was approved.

BUILDING COMMITTEE - UPDATE ON MUNICIPAL BUILDING: Town offices moved back into the newly renovated Municipal Building on Saturday, March 11, 2000. March 20, 2000 is the first meeting in Town Council Chambers. Pat Rankin, of Rankin Electric, read a letter from Estell Davis, of Byrd and Goff, concerning payment for brick and block work performed as a sub-contractor for U. S. Construction. Mr. Rankin's company has alleged that they have not been paid. The Building Committee recommended that U. S. Construction be informed that 60 days from substantial completion, the Municipal Building shall be completed or the bonding company will be contacted. Final payments and computation of liquidated damages are in process for Mr. Fenyk's approval. Upon motion of Dr. Gates, seconded by Mr. Price and vote of 7 AYES and 0 NOES, this item was continued.

STREET CLOSING REQUEST-BROAD STREET FROM MAIN TO COURT: Ken Heath requested the closure of Broad Street from Main Street to Court Street on Saturday, April 29, 2000 from 8 am until 3 pm for the purpose of hosting a car show. Local race cars will be on display during the event, sponsored by Marion Downtown! Upon motion of Dr. Gates, seconded by Mr. Helms and vote of 7 AYES and 0 NOES, the request was granted with the following conditions: 1) That the sponsor coordinate all traffic control through the Marion Police Department. 2) That the sponsor not allow any on-street parking associated with this event. 3) That the sponsor be responsible for cleaning up any litter or other debris generated by this event. 4) That the sponsor be responsible for erecting and removing any road barricades required by this event. The Town, upon request , will provide necessary barricades.

STREETSCAPE/TREES: Mr. Heath informed Council that information concerning tree planting on Main Street is on TV3.

FINANCE COMMITTEE - REQUEST FOR GRANT FUNDS FOR LINCOLN THEATRE: The Lincoln Theatre will apply for a Local Government Challenge Grant in the amount of $5,000 from the Commonwealth of Virginia. This funding, if approved, must be accompanied with matching funds. The Lincoln has requested a commitment of $2,500, each, from the Town of Marion and Smyth County. The Finance Committee recommends approval. Upon motion of Mr. Helms, seconded by Dr. Gates, and vote of 6 AYES and 1 ABSTENTION (Gates), the request for $2,500 matching funds was approved to be in the 2000-2001 Budget. It was noted that Smyth County has approved matching funds for this project.

SPECIAL COMMITTEE - SOUND SYSTEM FOR COUNCIL CHAMBERS: Ken Heath stated that progress is being made for changes to the sound system.

STREET COMMITTEE - CONSIDERATION OF SPECIAL SERVICE DISTRICT FOR STREET UPGRADE: Upon motion of Dr. Gates, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, this item was continued.

MAYOR'S REPORT: Mayor Guy asked that Mr. Booker and Mr. Hendrick attend Rep. Boucher's meeting with the Railroad representatives.

FIRE STATION - STATUS OF CLOSEOUT - TOWN ATTORNEY: Mr. Fenyk informed Council that the bonding company for Associated Contractors has been contacted. The bonding company has stated that they were informed by the contractor that negotiations for closure are underway. The Town is requesting that repairs be made and all sub-contractors be paid. Architect Cameron Wolfe will be writing a "Letter of Understanding".

BRJC STORM DRAIN EASEMENT - TOWN ATTORNEY: Mr. Fenyk advised that the Town conveyed the drainage easement back to Marion College. Therefore, BRJC would proceed on their own with that process.

ELEVATOR CONTRACT - TOWN ATTORNEY: Following discussion, Dr. Gates moved that signing of the contract be delayed to determine if the elevators at the Water Treatment Plant, Fire Station and Municipal Building can be serviced under one contract. Also, check with other entities with elevators, such as Smyth County and School Board. The motion was seconded by Mr. Leaman and carried by a vote of 7 AYES and 0 NOES.

RECREATION-LEASE OF SOFTBALL FIELD: Dr. Gates moved that the Mayor be authorized to sign the lease between the Richardson Family and the Town for use of the softball field in Adwolfe. The lease agreement states that $1,000 be paid for a period of 5 years. The motion was seconded by Mr. Leaman and approved by a vote of 7 AYES and 0 NOES.

SKATE PARK: Dr. Gates requested a meeting of the Recreation Committee to discuss this matter.

STREETS-STRIPING: Mr. Hendrick requested a report on striping of Town Streets. Mr. Hicks advised he will be in contact with the contractor and determine when the project will be completed.

PAVING AND CONCRETE WORK: Mr. Helms asked when Spring paving and concrete work will begin. Mr. Hicks stated that the Town will not pave in the Spring and concrete work will begin in July.

LEGISLATIVE COMMITTEE: Mr. Leaman advised that the General Assembly has closed and a report is forthcoming from the Legislative Committee.

STREETSCAPE: Mr. Booker stated that a watering and maintenance plan is in place for the Streetscape.

SEWER PROJECTS/GRANT FUNDING: Mr. Hicks advised that $100,000 grant funds for infrastructure will be available. Applications will be due in the fall of 2000.

Pursuant to VA Code Section 2.1-344 (A1) and upon motion of Mr. Hendrick, seconded by Mr. Burkett, and vote of 7 AYES and 0 NOES, Council entered into Closed Session for the purpose of discussing personnel matters. Mr. Hendrick moved that Council return to Open Session, stating that it be known that only those matters legally allowed were discussed during Closed Session. The motion was seconded by Mr. Price, and carried by a vote of 7 AYES and 0 NOES.

W. W. SCOTT, JR.: Mayor Guy expressed the sympathy of the Town at the passing of former Mayor W. W. "Bill" Scott, Jr. Mr. Scott served the Town as Council Member and Mayor for a period of 34 years. He will be greatly missed by our community.

MUNICIPAL BUILDING/REFRIGERATOR: Mr. Helms moved that a refrigerator be purchased for the Municipal Building for an amount not to exceed $600. The motion was seconded by Mr. Leaman and carried unanimously. Mr. Helms, Mr. Leaman, Dr. Gates, Mr. Price, Mr. Mutter, Mr. Hendrick and Mr. Price voted affirmatively.

POLICE CHIEF: Applications for Police will be reviewed and finalists contacted to determine if they continue to be interested in the position to be vacated by Police Chief Fred Catron's retirement on July 1.

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