PRESENT: Mayor David P. Helms; Samuel Burkett, Sam Mutter, Eugene Hendrick, Buford Cregger, Dr. James Gates, Mel Leaman and Ralph Price, Council Members; Town Manager John E. B. Clark, Jr.; Town Engineer Cecil Hicks; Police Chief Michael Roberts; Town Attorney Mark Fenyk; and Purchasing Agent B. J. Hamm.
INVOCATION/PLEDGE TO THE FLAG: Brian Cregger rendered the invocation and Boy Scouts Chris Powers, J. W. Martin, Jeremy Powers, and Brett Castrodale lead the Pledge to the Flag.
MINUTES: Upon motion of Mr. Burkett, seconded by Dr. Gates, and vote of 7 AYES and 0 NOES, the minutes were approved as written and distributed. Messers Mutter, Hendrick, Cregger, Gates, Leaman, Price and Burkett voted affirmatively.
VISITORS: Lissa Hungate, David Boehm, Brian Cregger, Mike Pruitt, Becky Sparger, Carolyn McCordindale, Chris Powers, J. W. Martin, Jeremy Powers, Brett Castrodale.
RESOLUTION OF RETIREMENT-JOHN THOMAS: Mayor Helms read the Resolution of Commendation for John Thomas upon the occasion of his retirement from the Town of Marion on May 1, 2001. Mr. Thomas had served the Town for 32 years and 1 month. Upon motion of Mr. Mutter, seconded by Mr. Leaman, and vote of 7 AYES and 0 NOES, the Resolution was adopted.
RIVERBEND PARK BIDS-TOWN ENGINEER: Town Engineer Cecil Hicks presented the bids received for the Riverbend Park Project. Mr. Price moved that the Building Committee review these bids. Mr. Mutter seconded the motion which carried by a vote of 7 AYES and 0 NOES. The apparent low bid was $220,000 by Ken Construction.
HANDICAPPED RAMPS-MAIN STREET-TOWN ENGINEER: Mr. Hicks stated that he has contacted the engineers for the StreetScape Project and all ramps were built to VDOT specifications. He added that he, Ken Heath and a representative from the engineering firm would meet with Mr. Lawrence to address his concerns.
REQUEST TO CLOSE STREET FROM MR. & MRS. BARRY BLEVINS: Mr. & Mrs. Barry Blevins requested that a portion of Third Street be closed. The street is a "paper street" and not a Town maintained street. Upon motion of Dr. Gates, seconded by Mr. Hendrick and vote of 7 AYES and 0 NOES, this item was referred to the Street Committee for study and recommendation.
HANDICAP PARKING REQUEST-POLICE CHIEF: Chief Roberts had received two special requests concerning Downtown Parking. 1) Patty Johnson has requested exemption from the two hour overtime parking regulation. Ms. Johnson is handicapped and must use crutches. She has recently been employed to work a branch of People Incorporated. She will be working in the Center Building three days per week. She requested unlimited parking on Broad Street. 2) A new business is locating in the former Betty's Barber Shop, 107 Broad Street. The business owner requested that the handicap parking space in front of the business be relocated. This item was referred to the Street Committee for study and report.
Ms. Pearl Bradshaw requested that a handicap parking space be installed in front of 315 E. Main Street. Ms. Bradshaw is 81 years old and disabled. She will be moving to 315 E. Main Street in the near future. This item was referred to the Street Committee for study and recommendation.
PROPOSAL ON OPENING/CLOSING GRAVES-TOWN MANAGER/TOWN ATTORNEY: D. H. Russell, General Contractor, Meadowview, VA, submitted a proposal to perform the labor necessary for the completion of opening and closing graves. Grass sod will be removed, saved and replaced with ground level being as close as possible to original contour. Excess earth will be hauled away to stock pile area. Earth refilled in grave will be compacted with a gasoline compactor. Any rock removal will be performed strictly on an hourly basis. Graves will be marked by the Town. The price quoted is $475 per each grave opening and closing completed. Mr. Russell presented a list of references and on-hand equipment. Mr. Clark advised that he has not discussed grave excavations in the pauper section with Mr. Russell. Dr. Gates moved that Council allow the Town Manager and Town Attorney to work out an agreement with Mr. Russell on a trial basis for one (1) year. Mr. Burkett seconded the motion and it was approved by a vote of 5 AYES and 2 NOES (Cregger, Mutter).
UPDATE ON CHRISTMAS DECORATIONS-BILL BUCHANAN: This item was continued.
GARBAGE PICK-UP ON NON-TOWN MAINTAINED STREETS-TOWN MANAGER: It was noted that Monte Vista Drive, Columbia Avenue and Holston Hills Lane currently do not have curbside garbage pickup. Residents of these streets must carry their garbage to the end of the lane to be collected by the Town. Mr. Clark advised that he was asked at the last meeting by Council to devise a plan to pick up garbage on all non-maintained streets in Town and to identify those streets. He recommended to pick up the three (3) streets listed above by a one (1) ton dump truck, on the same day, beginning 6/4/01. Mr. Leaman felt that non-maintained streets should be upgraded, garbage collected and other service extended to these residences. He stated that they are Town taxpayers and should receive the same services as any other resident. Mr. Hendrick informed Council that the Town has gone on record that if property owners will agree to pay one-half (1/2) of the cost of upgrading these streets that the Town would participate in a program to upgrade the street to VDOT standards. Requests would be considered on a case-by-case basis. Mr. Burkett expressed concern that the Town may be sued to take these streets into the system. Dr. Gates moved that the Town collect garbage on Monte Vista Drive, Columbia Avenue and Holston Hills Lane and identify any other streets where garbage collection is paid for and not currently collected curbside. Mr. Price seconded the motion. The motion passed by a vote of 4 AYES, 3 NOES (Burkett, Mutter, Hendrick) and 1 ABSTENTION (Leaman).
REQUEST FROM SMYTH ENTERPRISE CENTER-CAROLYN MCCORKINDALE: Director Carolyn McCorkindale, Lissa Hungate, Brian Cregger, and David Boehm were present to request that the Town consider additional support for Smyth Enterprise Center (Business Incubator). Funds are needed for operational expenses and matching funds for grants. Similar requests will be made to the Towns of Chilhowie and Saltville and Smyth County. Mayor Helms stated that a request in the amount of $10,000 has been received and will be considered during the FY2001-02 Budget preparation.
UNK CAR LETTERS-POLICE CHIEF: Chief Roberts reported that four (4) letters to move vehicles have been mailed to owners of inoperable vehicles in the right-of-way.
SITUATION ON DOVER STREET CONCERNING LARGE TRUCKS-COUNCILMAN MUTTER/POLICE CHIEF: Upon request of Chief Roberts, this item was referred to the Street Committee.
PLANT WATERING SCHEDULE ON MAIN STREET-TOWN MANAGER: FINANCE COMMITTEE-2001-2002 BUDGET: Mr. Clark reported that the town staff will work with American Electric Power Company on pruning of trees on Main Street. Trees and plants on Main Street will be watered early each Friday, depending on the weather. A log will be kept to record the schedule so that adjustments may be made.
TECHNOLOGY COMMITTEE-WEBSITE: Mr. Hendrick advised that the Technology Committee has offered to work with Lora Gilley of Area-Net to update our web site. The Town has experienced difficulty in getting the site updated. However, Ms. Gilley has agreed to make the changes and move forward. The Committee requested that a meeting be scheduled with Ms. Gilley to print out the website for review and make the necessary changes. The Committee requests that Ken Heath be involved.
SANITATION COMMITTEE-TRASH AT SMYTH VALLEY CROSSING: The Committee met with Steve Higgins from IRT Property Management Company, owners of Smyth Valley Crossing Shopping Center. Mr. Higgins agreed that Walmart would increase hand removal of garbage. They will also collect the garbage on a lot across Keller Lane, east of the shopping center. He advised that the parking lot is now being swept 5 nights per week. In order to assist with the trash and trespassing problems, it was suggested that: 1) Walmart hire off-duty Town Police Officers as Security Guards. IRT will pay them and they will use Town vehicles and be uniformed. 2) Pass an Ordinance for enforcing trespassing/loitering on private property. Chief Roberts will check with the Town Attorney and Commonwealth Attorney on the feasibility, providing a business signs an agreement to assign enforcement power to Marion Police Department. Mr. Mutter moved that this item be referred to the Police Committee and Town Attorney to draft an ordinance. The motion was seconded by Mr. Cregger and carried unanimously.
STREET COMMITTEE-FOWLER STREET EXTENSION: Mr. Hicks reported that W-L Construction was the only proposal received on constructing the connector road from Fowler Street to Park Boulevard. Negotiations are proceeding under the Public-Private Transportation Act. Mr. Hicks reported that he has been in contact with VDOT concerning the Route 16 Interchange.
WATER COMMITTEE-REQUEST FOR WATER SERVICE-LAUREL SPRING ROAD: Mr. Hicks stated that the line serving one (1) residence on Laurel Spring Road is a private line. He has contacted VDOT to determine the size of the casing than extends under the interstate. A request for service has been received from Mike Pruitt who lives in a house owned by Gene Warren. He stated that four to five times per year, he has no water. Currently, he gets water from a spring. Mr. Hendrick stated that the Water Committee has looked at the size of the casing and location. It would be very costly to bore a new, larger line. However, the Town may be able to install a new line thru the existing casing.
LEA INDUSTRIES NOTICE: Mayor Helms regretfully advised that as a result of a significant downturn in the company's business, Lea Industries, a division of LADD Furniture, Inc., will permanently closed its Marion manufacturing facility on July 20, 2001. The closure will affect 171 employees.
PLANNING GRANT FOR GILMAN/CHILHOWIE STREET: The Town of Marion has been informed that a Competitive Planning Grant for the 2001 VCDBG funding year, in the amount of $17,715 has been awarded to the Town in support of Gilman Street/East Chilhowie Street Community Development Project.
UNITED CITIES GAS COMPANY-FRANCHISE ORDINANCE: Mr. Fenyk provided a copy of the United Cities Gas Company Franchise Ordinance for Town Council review. Upon motion of Dr. Gates, seconded by Mr. Price and vote of 7 AYES and 0 NOES, a Public Hearing was scheduled for June 4, 2001 at 7:00 p.m. to receive public comments.
NEW BERN/PEPSI REQUEST FOR DECAL FEE EXEMPTION: Town Attorney, Mark Fenyk informed Town Council that the Code of Virginia allows an exemption for common carriers from purchasing local decals. Newbern Transport, which provides vehicles for Pepsi, has requested an exemption under the Code of Virginia. Mr. Fenyk advised that the "H" code tags and log of who they are delivering for determines this exemption. In Mr. Fenyk's opinion, if they haul goods for themselves, they are not common carriers. Mr. Burkett moved that the Town Manager write a letter or contact the local Plant Manager concerning this problem. Dr. Gates seconded the motion which was approved by a vote of 7 AYES and 0 NOES.
Mr. Mutter moved that Marion Police Department begin citing Pepsi vehicles for not purchasing a valid 2001 Town sticker on May 14, 2001. Dr. Gates seconded the motion which carried by a vote of 7 AYES and 0 NOES.
BILL OF COMPLAINT BY ALVIN AND TAMMY JONES: Town Attorney Mark Fenyk requested permission to submit an answer from the Town's perspective that the Town does not have sufficient information concerning their complaint. The Jones' contend that the Town has taken the plaintiffs' property without compensation concerning water rights they feel have been conveyed to them. Upon motion of Dr. Gates, seconded by Mr. Price and vote of 7 AYES and 0 NOES, Mr. Fenyk was authorized to respond to the Bill of Complaint.
REPORT OF ARBITRATION-FIRE HALL: Mr. Fenyk advised that the Town postponed the Arbitration meeting on the fire hall due to the fact that the architect, Cameron Wolfe and his secretary were not available on that particular day. He has spoken with Mr. Wolfe and has his schedule and will re-schedule the meeting.
HUTTON BRANCH UPGRADE: Mr. Hicks stated that County Engineer Jeff Spickard has maps on upgrade of the Hutton Branch project. The pipeline goes thru Town property and Smyth County has requested a Deed of Easement. This item was continued.
TRUCK LOANER PROGRAM: For the past several years, the Town has made a dump truck available to residents of Marion on a first come first served basis on weekends. A complaint had been received from Josh Powers of Marion Merchantile that he was denied a truck for his business. It was noted that the program is not intended for commercial use.
STREET LIGHT COMMITTEE: Mr. Cregger stated that the Street Light Committee has not met concerning the request for a street light on Leslie Street by Katherine O. Trail. Mr. Clark advised that the Town is awaiting a response from American Electric Power concerning a longer bracket on an existing light.
TREE CITY USA: Representatives of the Town of Marion attended a meeting at Hungry Mother State Park, sponsored by the Virginia Department of Forestry concerning Tree City USA status. If the Town is interested in attaining Tree City status it may be eligible for grants. One of the criteria is to spend $2 per capita on the planting and maintenance of trees. The Town already does this. Mayor Helms stated that Shirley Blackwell plans to appear before Town Council on this application.
SOUTHWEST VIRGINIA REGIONAL TECHNOLOGY COUNCIL: Representatives of the Town of Marion attended a meeting of the Regional Technology Council in Abingdon on 4/30/01. This was a very informative meeting.
VML TOWN SECTION MEETING: Members of Town Council and staff attended the VML Town Section Meeting on May 4, 2001 at the Martha Washington Inn in Abingdon, VA. The meeting was reported to be very informative. Information included legislative changes and plans for the coming year.
WHITLEY vs. BOOKER: Mr. Mutter asked for the status on the Whitley case. Mr. Fenyk advised that it has been settled and all parties have signed the necessary documents. However, he has not received a copy of these documents.
TOWN SEALS: Mr. Mutter suggested that Town Seals on Town vehicles be colorized in some fashion that they will show up better on white vehicles. Mr. Mutter moved that the Town Manager get cost estimates and implement changing of the seals on Town vehicles. Dr. Gates seconded the motion. Council approved the same by 7 AYES and 0 NOES.
ADELPHIA RATE INCREASE: Mr. Mutter read the following letter mailed to Mr. John Regis, CEO, Adelphia Cable Systems, P. O. Box 472, Coudersport, PA 16915:
"Dear Mr. Regis:
I am writing in regard to the concern of a lot of citizens of Marion who feel the scheduled rate increase of approximately 13% is excessive.
As a representative of the citizens of the Town of Marion, Virginia, I would like to make the following request. While I recognize TV cable has been deregulated, would you please give us a breakdown of the increased revenue showing how much will be applied to the upgrade of the present system and addition of new channels and how much profitability will be to your company. Hopefully, this information will help us understand why this increase is necessary.
Sincerely,
TOWN OF MARION
E. S. "Sam" Mutter, Jr."
Mr. Mutter noted that the letter is dated April 17, 2001. To date, no response has been received.
MUNICIPAL BUILDING/REPAIR TO BRICK STEPS: Mr. Clark advised that Ken Construction has agreed to repair the loose bricks and mortar on the bricks on the front steps of the Municipal Building.
PAVE LOT AT POOL: Mr. Hicks reported that concrete work at the pool parking lot is complete and requested permission to pave the lot prior to opening the pool for the season. He has obtained a bid of $18,000 from W-L Construction. Dr. Gates moved that the pool parking lot be paved prior to opening the season. Mr. Cregger seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES. Messers Burkett, Price, Gates, Leaman, Cregger, Hendrick and Mutter voted affirmatively.
SNIDER BRANCH WATER PROJECT: Mr. Hicks reported that the Snider Branch water line is complete and connections have been made.
2020 TRANSPORTATION PLAN: Mr. Hicks requested that the Street Committee review the 2020 Transportation Plan draft prior to adoption by Town Council. It was so ordered.
NORTH STREET PAVING: Mr. Hicks requested that 300 feet be paved on North Street. He reminded Town Council that Blue Ridge Job Corps has set aside a trust fund in the amount of $10,000 to aid in the cost of the drainage project. Upon motion of Mr. Cregger, seconded by Mr. Leaman and vote of 7 AYES and 0 NOES, Mr. Hicks was authorized to review the project and pave if necessary. Messers Mutter, Cregger, Hendrick, Leaman, Gates, Price and Burkett voted affirmatively.
Upon motion, duly seconded, and vote of 7 AYES and 0 NOES, the meeting was adjourned.