COUNCIL MEETING MINUTES
October 2 , 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 October 2 , 2000 at 7:00 p.m.


 

PRESENT: Mayor David P. Helms; S. S. Burkett, Mel Leaman, Sam Mutter, Ralph Price,
Eugene Hendrick, James Gates and Buford Cregger, Council Members; Assistant Town Manager
Cecil Hicks; Town Attorney Mark Fenyk and Police Chief Mike Roberts.

INVOCATION/PLEDGE TO THE FLAG: The invocation was rendered by Rev.  Bill Wing and
the Pledge to the Flag was led by Mayor Helms.

MINUTES: Upon motion of Mr. Mutter, seconded by Mr. Cregger and vote of 7 AYES and 0
NOES, the minutes were approved as written and distributed.

VISITORS: Jerry Foster, Lydia Little, Cherite Akers, Luender Williams, Wayne Thee, Dorothy &
Jesse Roberts, Barbara Hagee, Amanda Arnold, Brenda Bennett, Linda Davis, Charles
Harrington, Boyd Carrico, Betty Reedy, Peggy Harris, Michael Miller, Barbara Miller, Virginia
Blankenbeckler, Melinda King, Trish Talbert, Irene Rouse, Lena Newman, Betty Rouse.

BLUE RIDGE JOB CORPS: Mayor Helms recognized members of the BRAD Club from Blue
Ridge Job Corps.  Members of the Club have dedicated one day per week to pick up litter in the
Town of Marion.  Members present were: Lydia Little, Cherite Akers and Luender Williams.
Jerry Foster and BRJC Director Wayne Thee accompanied the group.  The Mayor and Town
Council Members expressed their appreciation for the BRAD Club’s Community Service.

SPECIAL PRESENTATION-RESOLUTION OF RETIREMENT FOR BETTY ROUSE: Mr.
Helms read a resolution commending Betty J. Rouse as she retires from the Marion Police
Department.  Ms. Rouse served as dispatcher and secretary for the Police Department.   Upon
motion, duly seconded and vote of 7 AYES and 0 NOES, the Resolution was adopted.  Mayor
Helms presented Ms. Rouse with a framed copy of the Resolution and expressed appreciation on
behalf of the Town and its citizens.

SPECIAL USE PERMIT - FRANK AND MARIE MORRIS, JANITORIAL SERVICES, 310
CHILHOWIE STREET: This item was continued to the Public Hearing date of 10/16/00.

MARION MANOR APARTMENTS: Many residents of the Marion Manor Apartment complex
were present to express concern that they were given 30 day eviction notices on Friday,
September 28, 2000 by property owner Mack Trammell.  Charles Harrington, Fair Housing
Officer for the Town of Marion, had been asked by Town officials to contact HUD concerning
this development.  Mr. Harrington advised that this is a HUD Section 236 Project.  According to
Mr. Harrington, HUD was unaware of the situation and stated that they would look into it and get
back to him.  Mr. Harrington stated that most evictions of this nature would require 150 days
notice and possibly some type of relocation funding.  Over 100 families will be impacted.  Mr.
Mutter questioned the legality of the situation.    This item was continued pending response from
HUD.   Mayor Helms assured those present that every effort to relay details concerning this
situation will be made.  These will include notices on the door, TV3, radio and newspaper.

REQUEST TO ASSIST SMYTH COUNTY IN COLLECTION OF CERTAIN SEWER BILLS:
Mr. Hicks informed Council that Bright’s is preparing modifications to the Town’s program and
this item should be dropped from the agenda.  Upon motion of Dr. Gates, seconded by Mr.
Leaman and vote of 7 AYES and 0 NOES, this item was dropped from the agenda.

RESOLUTION - MOUNTAIN DEW DAY: Mayor Helms read the Resolution.  Upon motion of
Mr. Burkett, seconded by Mr. Mutter and vote of 7 AYES and 0 NOES, the Resolution,
declaring October 28th, 2000, MOUNTAIN DEW DAY,  was adopted.

STREET COMMITTEE- DOUG MCFARLAND’S REQUEST TO PAVE ADAMS STREET
EXTENSION:     This item was continued as the other property owner has not been contacted.
Dr. Gates suggested a priority list and plan for this type of project as other residents have made
similar requests.

STREET COMMITTEE-FOWLER STREET EXTENSION: It was suggested that Mr. Hicks set
up a meeting with VDOT representatives, Town representatives and attorneys for all concerned
to discuss the Design/Build on the project.

SANITATION COMMITTEE-TRANSFER STATION REQUIREMENTS-TRUCK LOANER
POLICY:    This item concerns debris being placed in the truck that the Town parks at residences
on weekends.  Smyth County has requested that the Town regulate, more closely, the items put
into the truck.  Upon motion of Mr. Mutter, seconded by Dr. Gates, and vote of 7 AYES and 0
NOES, this matter was referred to the Sanitation Committee.

ORDINANCE COMMITTEE- REVIEW OF DRAFT UTILITY TAX ORDINANCE: Town
Attorney Mark Fenyk gave an overview of the duel ordinance.  Mr. Hendrick asked Mr. Fenyk to
make clerical corrections to the proposed ordinance.  Upon motion of Dr. Gates, seconded by Mr.
Hendrick and vote of 7 AYES and 0 NOES, a Public Hearing was set for October 26, 2000 at
5:00 pm for public input on this Ordinance.

AMERICAN ELECTRIC POWER: Mayor Helms informed Council that he has been in contact
with Don Adams about the problem the Town has had in getting our street lights repaired.  Mr.
Adams agreed to improve service in this area.

TOWN/COUNTY QUARTERLY MEETING: Mayor Helms advised Council that the Quarterly
Meeting will be held at the Best Western Marion on October 19th, 2000 at 6:30 p.m.

WELLNESS CENTER: Dr. Gates moved that the Recreation Committee meet with Wellness
Center representatives about a program to give employees the incentive to join the Center.  The
motion was seconded by Mr. Leaman and carried unanimously.

MUNICIPAL BUILDING: Mr. Hicks informed Council that the contractors will paint the
Municipal Building exterior the week of October 9, 2000.

PAVING: Mr. Hicks advised that fall paving has begun.

WIRELESS INTERNET PROVIDERS: Mr. Leaman suggested that Town staff and officials visit
sites with wireless internet service in place.  Blue Ridge Job Corps and Trade Times are two local
sites.

STREET LIGHT REPAIR POLICY:   All street light repairs shall be faxed to Abingdon and
Marion offices to be placed on AEP work schedule.

PURSUANT TO VA. CODE 2.1-344-(A1 AND A7) and upon motion of Mr. Hendrick,
seconded by Mr. Price and vote of 7 AYES and 0 NOES, Council entered into Closed Session to
discuss Personnel and litigation matters.  Mr. Hendrick moved that Council return to Open
Session and that it be known that only those matters legally exempted were discussed during the
Closed Session.  The motion was seconded by Dr. Gates and carried unanimously.  Mr. Burkett,
Mr. Price, Mr. Cregger, Mr. Mutter, Mr. Leaman, Dr. Gates, and Mr. Hendrick voted
affirmatively.

APPOINTMENT OF RECREATION DIRECTOR: Dr. Gates stated that Gene 0linger was
appointed to the position of Recreation Director in May, 2000 and has decided to retire on
November 1, 2000.  Dr. Gates moved that the position of Recreation Director be offered to Sam
Wagner, effective November 1, 2000 at a grade level of 37A.  The motion was seconded by Mr.
Price and carried unanimously.

APPOINTMENT OF TOWN MANAGER: Mr. Hendrick moved that Ron Waller be appointed
Town Manager.  The motion was seconded by Mr. Price and failed by a vote of 2 AYES
(Hendrick, Price) 4 NOES (Burkett, Mutter, Leaman, Dr. Gates) 1 ABSTENTION (Cregger).

Dr. Gates moved that John E. B. Clark, Jr. be offered the position of Town Manager.  The motion
was seconded by Mr. Mutter and carried unanimously.  Salary and start date to be negotiated with
Mr. Clark.

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