COUNCIL MEETING MINUTES
December 18 , 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 December 18, 2000 at 7:00 p.m.


 

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

INVOCATION/PLEDGE TO THE FLAG: The invocation was rendered by Rev. Nila Tolliver
and the Pledge to the Flag was led by Eagle Scout Preston Brown.

MINUTES: Upon motion of Mr. Mutter, seconded by Mr. Price and vote of 7 AYES and 0
NOES, the minutes of the meeting, held 12/4/00, were approved as written and distributed.

VISITORS: Christopher Glass, Charlene Glass, Travis Dodson, Jeanie Francis, Leslie Shuler, Lisa
Bauman, Sonja Weaver, Libby Rose, Byrant Moxley, Betsy Brown, Paul Brown, Aaron Brown,
Preston Brown, J. D. Testerman, Rev. Nila Toliver, David Hoffman, Jessi Dancy, Sally Moorer,
Michele Atwood, Ken Heath, Terry Hawthorne, Darrell Hayden, Chris King, John Taminger,
Wave Evans..

SMYTH COUNTY SPORTS HALL OF FAME RESOLUTION: Mr. Clark read a Resolution of
recognition for Dr. Marvin Winters, Bill Carrico, and David Archer for selection into the Smyth
County Sports Hall of Fame.  Dr. Winter was in attendance and was recognized.  Mr. Burkett
moved that the Resolution be adopted.  The motion was seconded by Mr. Hendrick and carried by
a vote of 7 AYES and 0 NOES.

EAGLE SCOUT RESOLUTION-PRESTON BROWN: Mayor Helms read a Resolution of
Congratulations to Preston Brown of Boy Scout Troop 93 on achieving the rank of Eagle Scout.
Accompanying Mr. Brown were his parents, Paul and Betsy Brown and brother, Aaron.  Upon
motion of Mr. Mutter, seconded by Mr. Burkett and vote of 7 AYES and 0 NOES, the
Resolution was adopted.

INTRODUCTION OF PROMOTED EMPLOYEES: Police Chief Michael Roberts introduced
Darrell Hayden and John Testerman.  Hayden and Testerman were recently promoted to
Lieutenants of the Marion Police Department.  The selection process included an interview by an
unbiased panel and a written examination.

PARTNERSHIP WITH SMYTH COUNTY SCHOOLS: A group of students and 3 of their
teachers were present to request the Town to erect signs stating of “Town Marion and Smyth
County Schools, A Light in the Mountains!, Partners for Excellence in Education” at each
entrance to the Town of Marion.  The children had borrowed $300 from the Bank to purchase
art/craft supplies and created crafts for sale.  After the project, they paid the bank back, with
interest, and had money left over.  These funds were used to purchase the signs.  They requested
that the Town provide the post and location for display of the signs.  The students were
accompanied by three teachers, Michele Atwood, Sally Moorer, and David Hoffman.   Upon
motion, duly seconded, Council voted unanimously to approve the students’ request.  Mayor
Helms commended the students on their service to the community.

EXCELLENCE IN EDUCATION: Mayor Helms commended Sally Moorer, a second grade
teacher at Marion Primary School, who was honored for innovation in education at the Excellence
in Education Conference, held at Virginia Tech in Blacksburg, November 2-3, 2000.

AEP AGREEMENT-CECIL HICKS, JOHN CLARK, TRACY NEVILLE-HERTIG OF AEP:
Mr. Clark advised that Ms. Neville-Hertig was unable to attend.  Upon motion, duly seconded,
and vote of 7 AYES and 0 NOES, this item was continued until Ms. Neville-Hertig can be in
attendance to entertain questions by Town Council.

HIKING/BIKING TRAIL-FRIENDS OF THE PARK-JOHN TAMINGER: Mr. Taminger
reported that the contract for the T-21 Enhancement Grant ($40,000)  from VDOT has been
received.  The Grant will fund the Planning/Engineering Study (Phase I).   Mr. Taminger advised
that another grant is available in the amount of $400,000.  The grant requires a 20% match of
$80,000.  Mr. Taminger had already contacted Smyth County requesting their participation in
applying for the grant.  The due date for submission is January 31, 2001.    Mr. Leaman moved
that the matter be referred to the Finance Committee and that a Public Hearing be scheduled for
January 18, 2001 at 7:00 p.m..
 

JOINT WIRELESS INTERNET PARTNERSHIP WITH SCHOOL BOARD-COUNCILMAN
HENDRICK/TERRY HAWTHORNE: The Smyth County School Board is in the process of
upgrading their internet service.  They have invited the Town of Marion to share excess capacity
with other agencies.  Mr. Hawthorne stated that the Town can purchase 5% of capacity for
$22l.35 per month.  Advantages of participating in the County internet include lower monthly
fees, more efficient connection, ability to share files with other agencies on a “read only” basis.
There would be a one time cost for receiving equipment.  A service contract on the Town’s
equipment would cost between $3,000-$7,000 annually.  A three (3) year contract would be
signed with Smyth County to become a partner on their system.  Mr. Leaman suggested that the
Town obtain a cost estimate to connect all departments on the same system.  He also added that
an additional employee will eventually be needed to attend to the Town’s data processing system.
Mr. Leaman   moved that the Town sign the agreement and proceed with participation on the
DS3 internet system thru Smyth County School Board.  The motion was seconded by Mr.
Hendrick and carried by a vote of 5 AYES and 2 NOES (Cregger, Mutter)

CIVIL WAR TRAILS-KEN HEATH: Mr. Heath reported that he has contacted Mitch Bowman
of the Virginia Civil War Trails Program.  Mr. Bowman advised that Marion’s battle between
Stoneman and Breckenridge in December 1864 over the railroad at the east end of Town would
indeed qualify Marion to participate in the program.  The Civil War Monument and the battle flag
of the Smyth County Dragoons at the museum would also serve to bring visitors from the battle
site into downtown.  The program would install an informational kiosk/marker at the battle site.
This kiosk would have a narrative about the battle, a map leading to downtown, a narrative about
the flag and statue, and a picture of the flag.  Directional signs (trailblazers) featuring the bugle
logo would be installed on the interstate exit signs and other areas designated by the Town.  The
cost for the Town to participate is an initial fee of $2,600, which covers design, manufacturing,
installation and maintenance of the kiosk and signs.  After two years, the Town will be required to
pay a membership fee of $500 per year to the program.  The program also requires all sites to be
clear and well interpreted, motorcoach accessible, and the future maintenance of the site/area
secured.  Brochures will also be available statewide in rest areas. Mr. Mutter moved that the
Town proceed with participation in Civil War Trails.  The motion was seconded by Mr. Hendrick
and carried unanimously.  Mr. Mutter, Mr. Hendrick, Mr. Cregger, Mr. Leaman, Dr. Gates, Mr.
Price and Mr. Burkett voted affirmatively.

ALL AMERICAN CITY:   The Town of Marion was included in 1999 All American City for the
Tri-Cities.   Mr. Heath reported that the cost for four (4) All American City signs is $596.72.
Upon motion of Dr. Gates, seconded by Mr. Cregger and vote of 7 AYES and 0 NOES, purchase
of the signs was approved.  Mr. Mutter, Mr. Price, Mr. Hendrick, Mr. Cregger, Mr. Burkett, Mr.
Leaman and Dr. Gates voted affirmatively.
 
LINCOLN THEATRE: Mr. Heath reported on behalf of Lee Ann Prescott, Executive Director of
the Lincoln Theatre, that the group has obtained funding for  2/3 of the cost  to restore the
Lincoln Theatre.   With funds that have been collected or pledged for the project, only $568,500
remains to be raised to fund the restoration.

DCJS POTENTIAL FOR COUNTY POLICE DEPARTMENTS: It was reported that there may
be funding opportunities from DCJS on software that could link all three town police departments
and the Sheriff’s office.  The link would allow all four (4) agencies to read files of the other on a
“read only”basis.  The information on investigations would be immediately available to officers.
The grant package will be available in the Spring of 2001.   Mr. Hendrick moved that the Town
join in on the DCJS grant application to link all three town police departments and the Sheriff’s
Department.  The motion was seconded by Mr. Leaman and was defeated by a vote of 2 AYES
(Leaman, Hendrick) and 5 NOES.     Mr. Leaman moved that the Police Chief gather information
and make a recommendation on participation in the DCJS grant application.  Mr. Price seconded
the motion.  Mr. Burkett amended the motion to empower Chief Michael Roberts with the
authority to join the grant application if he determines it will benefit his Department.  The motion
carried by a vote of 6 AYES and 1 NOE (Mutter).

FIRE STATION PUNCH LIST AND WAIVER LIENS: Mr. Clark reported that lien waivers
have been properly dealt with by Associated Construction and only a few items remain.  He will
meet with Cameron Wolfe in the near future for his certification. Upon completion, the Town
should pay the retainage and close out the project.

GIS PROPOSAL: The Governmental Information System was presented to Council by Chris
King and Wave Evans.   A lengthy presentation explained the system and benefits to the Town.
They noted that parcels, roads, structures, water and sewer lines, manholes, zoning and tax
information  and a host of other information could be compiled on the GIS System.  The
information may even be displayed on the internet.  It was noted that the Town of Marion was
photographed by air in error during the 911 mapping.  Mr. King was asked to determine if these
photographs are still available.  Mr. Hicks noted that if the area is re-flown, it would allow Town
staff to mark lines, etc.  Upon motion of Mr. Cregger, seconded by Mr. Mutter and vote of 7
AYES and 0 NOES, this matter was continued.
 

ACCOUNTS/INVESTMENTS: Mr. Mutter moved that the accounts be paid in the amount of
$317,826.56  from the General Fund.  The motion was seconded by Dr. Gates, and carried
unanimously.  Mr. Burkett, Mr. Price, Dr. Gates, Mr. Leaman, Mr. Cregger, Mr. Hendrick and
Mr. Mutter voted affirmatively.

INVESTMENTS: Mr. Burkett moved that the Investments be approved as presented.  The
motion was seconded by Mr. Price and carried unanimously.  Mr.  Burkett, Mr. Price, Dr. Gates,
Mr. Leaman, Mr. Cregger, Mr. Hendrick and Mr. Mutter voted affirmatively.

CHILHOWIE STREET BRIDGE - APPLICATION FOR T-21 FUNDING: Mr. Clark stated that
the Town had previously applied for funding for this project.  He informed Council that funding is
again available and submission date is January 31, 2001.  Mr. Hicks stated that the bridge was
built in 1885 and is the oldest 2 lane bridge in Virginia.  The Grant would be in the amount of
$160,000 with a $40,000 local match.  Mr. Burkett moved that an application be made by
MRPDC on the Town’s behalf for restoration of the bridge.  The motion was seconded by Mr.
Hendrick and carried unanimously.

PUBLIC SCHOOL RATES/WATER: A request had been received from Smyth County to reduce
public school water rates.  The Committee recommended a flat $2.00 per thousand for water,
both inside the corporate limits and outside.   The lost revenue would be $6,559.  Discussion
ensued.  Mr. Fenyk expressed concern about the existing contract with Smyth County.  He was
asked to review the request and recommendation and report on the necessary wording and
legalities.  Dr. Gates moved that this item be continued.  The motion was seconded by Mr. Price
and carried unanimously.

POLICE COMMITTEE ON NUMBER OF SERGEANT POSITIONS-MAYOR HELMS: Mr.
Mutter reported that it is the recommendation of the Police Committee that Chief Roberts
proceed with the selection process of 5 sergeants.

SNOW REMOVAL-MAIN STREET: The Street Committee met with Town staff members
concerning the removal of snow from Main Street.  There was concern that salt would spray the
trees on the Streetscape.  The snow plow drivers suggested that the snow be pushed to the
outside edge of the parking spaces and not on the gutters or sidewalks.  They said this could be
accomplished by going slower and being more deliberate.  In addition, a slower speed will insure
that gravel and salt are not spread onto the sidewalks and trees.  The snow would be loaded off as
soon as possible.  This process will be followed on a trial basis.

FINANCIAL STATEMENT FOR FY1999-2000: Mr. Clark was asked to contact Patty Belcher
at Albano and Associates to make a presentation on the audit.

COUNCIL SEAT-UNEXPIRED TERM: Mr. Fenyk advised that the election process to fill the
unexpired Council seat of Mr. Helms, who was elected Mayor, is underway.

PERSONNEL: Mr. Clark advised that the Personnel Committee will begin review of the
Compensation Program in early January, 2001.

FIRE TRUCK FUND: Mr. Mutter had requested a report on the Fire Truck Fund.  Ms. Sheets
advised that the account currently contains $71,492.98.  This includes a deposit of $21,000 from
Smyth County and $5,000 from Smyth County Community Hospital.

FOWLER STREET EXTENSION: Mr. Mutter requested a report on Fowler Street Extension.
Mr. Hicks advised that he has reviewed a draft subdivision plat provided by the developer.
Revisions will be made prior to official presentation to the Town.  Mr. Mutter asked if permits
have been secured by the developer for operation of the quarry.  Mr. Hicks advised that he has
checked on their permits and they have obtained all necessary permits.

VEHICLES UNTAGGED/UNLICENCED: Mr. Cregger reported that there is still a problem
with untagged, unlicenced vehicles.  The Engineering Department will attend to this problem in
early January, 2001.

SNIDER BRANCH WATER LINE: Mr. Hicks reported that the staff has designed the system
which includes approximately 2,780 linear feet of 2"  galvanized water main to replace the
existing 1 ½” line.  The pre-bid meeting will be held on December 20, 2000 at 1:00 p.m.  Bid
opening will be January 5, 2000.

FIRE LANES: Mr. Hicks advised that he has contacted Fire Marshall Claude Hutton concerning
fire lane violations.  Mr. Hutton explained that fire lanes fall under the 1996 Virginia Fire
Prevention Code.  Code Section F-311.0 states that upon written request by a local official or
local fire department, with justification, the State Fire Marshall’s Office may require and designate
public or private fire lanes as deemed necessary for the efficient and effective use of fire
apparatus.  Mr. Hutton stated that he would look to the locality to request and enforce the fire
lanes.

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