COUNCIL MEETING MINUTES
December 3, 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 December 3, 2001 at 7:00 p.m.

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

INVOCATION/PLEDGE TO THE FLAG: Rev. Donna Hester, Tom Buchanan, Tracy Sledd, Bo Surber, Jim May, Eric Goddard, Ken Heath

MINUTES: Upon motion of Mr. Mutter, seconded by Mr. Leaman and vote of 6 AYES and 0 NOES, the minutes of the last meeting were approved as written and distributed. Messrs Burkett, Mutter, Hendrick, Cregger, Price, Leaman and Dr. Gates voted affirmatively.

SPECIAL PRESENTATION/RESOLUTION HONORING TOM BUCHANAN: Mayor Helms read a Resolution honoring Tom Buchanan, of the Survivor 3 CBS television show. Mr. Buchanan expressed his appreciation for the Resolution and support of Smyth County. Upon motion, duly seconded and vote of 6 AYES and 0 NOES, the Resolution was adopted.

REQUEST FROM SMYTH COUNTY ON OVERAGE OF WATER RATES: Upon motion of Mr. Burkett, seconded by Mr. Leaman and vote of 6 AYES and 0 NOES, this item was continued.

SPECIFICATIONS ON FIRE TRUCK AND OTHER DELIVERABLES FROM FIRE CONSULTANT LARRY STEVENS: Upon motion of Mr. Mutter, seconded by Mr. Leaman, this item was referred to the Fire Committee and Finance Committee for study and recommendation.

Mr. Leaman asked if the Fire Department Volunteers are in agreement with the proposal. Those present stated that they support Mr. Stevens’ recommendations. Mr. Price inquired if the Town Manager had contacted other localities to determine their procedure in replacing equipment and charging for fire services. Mr. Clark reported that neither Abingdon nor Wytheville charge for Volunteer Fire Services. However, Tazewell County, including Tazewell, Bluefield, Richlands and Cedar Bluff are considering a charge for fire services.

REPORT ON ROMANS STREET DRAINAGE-TOWN ENGINEER: Mr. Hicks reported that he is still in negotiations for an easement.

YEAR END REPORT FROM MARION DOWNTOWN! Executive Director Ken Heath, presented an overview of his end of year report for Marion Downtown! He noted it as a year of "ups and downs", with the closing of several business, opening of new businesses, completion of Downtown Apartments, and relocation of existing businesses.

STREET LIGHT REQUEST-MARION DOWNTOWN! Mr. Cregger moved that the light in question remain at the current location and a new street light behind the former Piggly building on Town Street be installed. Mr. Price seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES.

PRIMARY SCHOOL CANNED FOOD DRIVE: Mayor Helms informed Council that Ms. Atwood’s class has requested that the Town of Marion help with their food drive by contributing canned goods. Their goal is to collect 200 cans of food to be distributed to local families.

HURRICANE FOOTBALL: Mayor Helms congratulated the MSHS 2001 Football Team on their Highlands District and Region IV Championships. A Town-wide Pep Rally was held on Thursday, November 29, 2001 and was well attended by the Community. The ‘Canes represented Marion well in their play off game in Pulaski.

NEW YORK CITY FIREMEN: Mr. Helms stated that he contacted the fire fighter’s squad to check on their progress. He was informed that those that visited the Marion Volunteer Fire Department are now in Oklahoma City. He reminded Council that 10 of 14 fire fighters in the squad were killed during the September 11, 2001 attack on the New York Trade Center.

TRADE CENTER ATTACK: Ms. Sheets reported that New York State representatives called to express their appreciation for the Town’s concern and financial support at the time of the attack.

PRATER LANE/FOWLER STREET INTERSECTION: Mr. Hicks reported that he met with VDOT Traffic Engineering Manager, Ronnie Hubble and reviewed the intersection for future traffic flow conditions. Mr. Hubble recommended that the Town install temporary large stop signs (48’) at each leg of the intersection and stop bars for approximately 60 to 90 days with advance warning signs of the changed traffic patterns along each leg of the intersection. He further recommended the Town take traffic counts to determine the main flow of traffic so that we can arrange the intersection to meet the results of the traffic study. VDOT has agreed to assist the Town in the traffic study. Upon motion of Mr. Cregger, seconded by Mr. Hendrick and vote of 6 AYES and 1 ABSTENTION (Gates), Council accepted the VDOT recommendation. It was noted that the projected completion date is late December 2001.

Dr. Gates arrived.

HEALTH DEPARTMENT REVIEW OF HUNGRY MOTHER ESTATES SUB-DIVISION: Mr. Hicks stated that a meeting with the Health Department has been scheduled to review the water and sewer line plans for Hungry Mother Estates sub-division.

UNITED WAY: Mr. Clark reported that $390 was collected for United Way 2001.

The Clerk and Finance Office, Manager’s Office, Public Works, Water Treatment Plant, Sewer Treatment Plant, Purchasing Department, and Recreation Department had 100% participation.

ADELPHIA-CHANNEL 8: Mr. Mutter reported that Channel 8 has been repaired on the system. Also, Channel 16 displays the local weather. This information has been changed to "Weather conditions at Marion". Conditions at Smyth-Wythe Airport are reported.

STREET LIGHTS: It was reported that there continues to be a problem with AEP in replacing streetlights. In many cases, lights have been inoperable for 6-8 weeks. Mr. Fenyk added that once AEP is notified of the outage, the Town is not obligated to pay for service until the light is repaired. Mr. Clark noted that some of the Christmas lights are not working and the Town is waiting for AEP to check the electrical service to those poles. Chief Roberts stated that the Town would check for inoperable streetlights that evening, report them and recheck in two (2) weeks to see that they are repaired.

TRASH: Mr. Cregger reported that trash is again appearing prior to pick up day at the end of Monte Vista Drive. Previously, written and hand delivered warnings were distributed to owners and renters in the area. This process will be repeated.

FLEET HOWER: Dr. Gates reported that Fleet Hower, MSHS Senior, qualified for National Cross Country Championship by placing 6th in Charlotte, North Carolina. He will compete in Orlando, Florida for Nationals.

HUNGRY MOTHER ESTATES SUB-DIVISION: Mr. Price asked for the plans for sidewalks and utilities in the new sub-division. Mr. Hicks advised that discussions are being conducted with the power company. The plans are to install underground utilities.

FIRE DEPARTMENT: Mr. Price thanked the Marion Volunteer Fire Department for their patience and work with the Town to obtain new equipment to better serve our citizens.

PURSUANT TO VIRGINIA CODE 2.2-3711(1, 7) and upon motion, duly seconded, and vote of 7 AYES and 0 NOES, Council entered into Closed Session for the purpose of discussing personnel and litigation. Mr. Hendrick moved that Council return to Open Session and that it be known that only those matters identified in the motion and legally exempted from Open Session were discussed during Closed Session. Dr. Gates seconded the motion, which carried unanimously. Messrs Burkett, Mutter, Cregger, Leaman, Hendrick, Price and Dr. Gates voted affirmatively.

PRESBYTERIAN CHURCH VS. TOWN OF MARION: Mr. Cregger moved that the Town give permission to the insurance carrier to proceed with the appeal as filed by the Royal Oak Presbyterian Church. Mr. Mutter seconded the motion. Council approved the same unanimously.

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