COUNCIL MEETING MINUTES
November 5, 2001


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 November 5, 2001 at 7:00 p.m.

PRESENT: Mayor David P. Helms; Buford Cregger, Sam Mutter, Mel Leaman, Dr. James Gates, Sam Burkett, Council Members; Town Attorney Mark Fenyk, Police Chief Michael Roberts; Assistant Town Manager Cecil Hicks.

INVOCATION/PLEDGE TO THE FLAG: Cecil Hicks rendered the invocation. Mayor Helms led the Pledge to the Flag.

MINUTES: Upon motion of Mr. Mutter, seconded by Mr. Leaman and vote of 5 AYES and 0 NOES, the minutes of the meeting held 10/18/01 were approved as written and distributed. Messrs Burkett, Cregger, Mutter, Leaman, and Dr. Gates voted affirmatively.

VISITORS: Dan Adams, Tom Copenhaver

PUBLIC HEARING-FRANCHISE AGREEMENT WITH AMERICAN ELECTRIC POWER: Mr. Fenyk presented an overview of the Electric Service Franchise Ordinance. Mr. Dan Adams was present to formally propose the bid. A fee of $250 was received from American Electric Power Company/Appalachian Power Company. AEP was the sole bidder. Dr. Gates moved that the Town accept the fee of $250 for a franchise to operate an electric power company and accept the Ordinance as written and distributed. Mr. Mutter seconded the motion. Council approved the same by a vote of 5 AYES and NOES. Messrs Mutter, Burkett, Cregger, Leaman and Dr. Gates voted affirmatively.

PUBLIC HEARING-REQUEST FOR SPECIAL USE PERMIT FOR HOME OCCUPATION AT 1056 HOLLOW ROAD: Members of Town Council stated that ample time for the applicant to appear has been granted for two meetings and the public hearing has been duly advertised. Upon motion of Mr. Mutter, seconded by Mr. Cregger and vote of 5 AYES and 0 NOES, this item was dropped from the agenda.

NEW STREET LIGHT OUTAGE REPORTING PROCEDURES-POLICE CHIEF: Dan Adams, AEP Manager, Community Services has advised the Town of the proper procedure to report street light outages. Chief Roberts will instruct his personnel in the procedure.

REPLACEMENT OF MANHOLE AT SMYTH COUNTY JAIL-TOWN ENGINEER: It was reported that the manhole at the Smyth County Jail was replaced on 10/30/01. Mr. Hicks advised that the manhole is a pre-fabricated unit and is operational. As agreed Smyth County Board of Supervisors will pay for the materials and the Town of Marion provided the labor.

ANDERSON ASSOCIATES CONTRACT ON HIKING/BIKING TRAIL: Upon motion of Mr. Burkett, seconded by Mr. Leaman, and vote of 5 AYES and 0 NOES, this item was continued to 11/19/01.

MOUNT ROGERS PDC-CONTRACT ON GILMAN/EAST CHILHOWIE STREET PLANNING PROJECT AND SUPPORTING RESOLUTIONS: Upon motion of Mr. Mutter, seconded by Mr. Leaman and vote of 5 AYES and 0 NOES, this item was continued to 11/19/01.

REPORT ON MATSON DRIVE/ROMANS STREET DRAINAGE-TOWN ENGINEER: Mr. Hicks informed Council that a drainage problem has arisen in the area due to development. He stated that the Town is in the process of attaining easements from property owners on Spruce Street to remedy the situation. The residents have requested that hedges on Roman Street be cut and a fence that is restricting site distance be removed. He noted that the hedges have been cut. It is expected that the repair project will begin within one week.

REQUEST FROM HAROLD WADDELL ON ASPHALT REPAIR: Mayor Helms referred this matter to the Sanitation Committee.

REQUEST FROM BOARD OF SUPERVISORS ON RATE EVALUATION FOR ADDITIONAL USAGE: Mayor Helms referred this matter to the Water Committee.

NEW TRIGON HEALTH INSURANCE RATES: Ms. Sheets reported that Trigon Health Insurance renewal rates have been received. The new rates contain a 3% increase in premium. Mr. Burkett moved that the rates be accepted. Mr. Leaman seconded the motion. After discussion, both gentlemen withdrew their motion and second. Dr. Gates noted that $1.30 per month, per employee, is paid for "Call a Nurse" benefit. Council requested that staff contact the carrier to determine the use of this benefit and that employees be canvassed as to whether or not they wish to keep this benefit in the Town’s plan.

TOWN/COUNTY QUARTERLY MEETING AT MAIN STREET GIFTS AND EATRY AT 6:00 P.M. NOVEMBER 15: Mayor Helms asked that Council Members notify the Town Clerk if they plan to attend this meeting.

TRANSDOMINION EXPRESS RALLY ON NOVEMBER 16 AT 1:00 IN ROANOKE, VIRGINIA MUSEUM OF TRANSPORTATION: Mayor Helms advised that Mike Guy, District III Governmental Cooperative, plans to take a bus to Roanoke to attend this meeting. Members of Town Council were asked to contact Mr. Clark if they plan to attend.

STREET/POLICE COMMITTEES ON EBENEZER LUTHERAN CHURCH REQUEST: The Committee recommended that a four way stop sign be installed, as requested, for safety purposes. Mr. Cregger moved that Council approve the request and erect a Children At Play sign. Mr. Mutter seconded the motion. Council approved the same by a vote of 5 AYES and 0 NOES.

WEE READ PROGRAM: Mayor Helms stated that the Wee Read Program, Director Sara Jennings, has requested support from the Smyth Foundation Board. They also request financial support from the Town of Marion. The program provides books for new parents. This request was referred to the Finance Committee.

SALUTE TO AMERICA: Mayor Helms invited members of Council to a Salute to America program at Marion Primary School on Friday, November 9, 2001 at 1:45 p.m. Mr. Leaman will attend to address the students and guests.

TRANSIT REPORT: Mayor Helms noted an increase in usage of the system. The Marion Transit continues to be a vital part of our community.

CHRISTMAS PARADE: The Annual Christmas Parade will be held Sunday, November 18, 2001 at 3:00 p.m.

MOUNTAIN DEW DAY: Mayor Helms reported that Mountain Dew Day was a success, in spite of the inclement weather.

POLICE DEPARTMENT: Mayor Helms stated that he has received numerous compliments of the Marion Police Department with regard to handling traffic at MSHS football games.

HAPPY’S RESTAURANT LEASE: Mr. Fenyk advised Council that the Hounshell’s have agreed to be personally liable for Happy’s to be sub-leased to Penny Blevins.

WORKER’S COMPENSATION CLAIM-CHARLES H. OVERBAY: Mr. Fenyk stated that he has contacted Hartford Insurance Company concerning this claim. He will follow up with them to determine if they plan to respond to this claim.

ROYAL OAK PRESBYTERIAN CHURCH SUIT: Mr. Fenyk advised that the Judge has heard the evidence in the case. The Town has received no notification of his decision.

ORDINANCE-FEES FOR ADVERTISEMENT: Mr. Cregger requested that the Town staff determine the cost of advertising, postage and administrative fee and that this fee be assessed at the time of application for zoning requests and public hearings. Upon motion of Mr. Cregger, seconded by Mr. Leaman and vote of 5 AYES and 0 NOES, this item was referred to the Ordinance Committee.

SEWER PLANT ROOF REPAIRS: The roofs at the Sewer Plant laboratory and pump station is in need of repair. Estimates ranged from repair to replacement of the roofs. The Building and Grounds Committee recommended that the project be awarded to Marion Roofing at a cost of $1,800 for the laboratory building and $3,200 for the pump station repairs. Finance Committee members, Dr. Gates and Mr. Burkett, felt this is an emergency and supported the immediate award for repairs. Mr. Cregger moved that the recommendation of the Building and Grounds Committee be approved. Mr. Mutter seconded the motion. Council approved the same by a vote of 5 AYES and 0 NOES. Messrs Burkett, Leaman, Cregger, Mutter and Dr. Gates voted affirmatively.

2001 PERSONAL PROPERTY AND REAL ESTATE TAXES: Ms. Sheets reported that Town of Marion taxes would be mailed November 6, 2001.

INTERSECTION OF CULBERT DRIVE AND PARK BOULEVARD/FOWLER STREET EXTENSION: Mr. Hicks stated that the intersection project is progressing well. The area is partially striped. East Main Street will be striped immediately following completion of striping of Park Boulevard. Mr. Hicks further reported that goal is to have the Fowler Street road thru by Thanksgiving. It was noted that the sidewalks and guttering would be installed as part of the project. The density of the sidewalks will be 110%, the highest VDOT standards.

PAVING SCHEDULE: Mr. Hicks reported that the wrong manhole inserts were received. Paving will proceed upon receipt of these inserts.

STOP SIGN ON PRATER LANE: Mr. Mutter stated that the stop sign at the intersection of Prater Lane and Fowler Street is not being effective. He suggested a larger sign or some type of caution light be installed. He suggested that a Police car be used to warn the public that the stop sign will be strictly enforced. Chief Roberts will advise his staff. Mr. Hicks was asked to contact VDOT concerning determination of what type of traffic indicators would be recommended for this intersection.

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