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 August 19, 2002 at 7:00 p.m.

PRESENT: Mayor David P. Helms; Samuel S. Burkett, Mel Leaman, Buford Cregger, Ken Heath, Mark Warren, Eugene Hendrick and Dr. James Gates, 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: Rev. Charles DeHart rendered the invocation and Mayor Helms led the Pledge to the Flag.

MINUTES: Upon motion of Mr. Heath, seconded by Mr. Leaman and vote of 6 AYES and 1 ABSTENTION (Warren) the minutes of the meeting of August 5, 2002 were approved as written and distributed. Messrs Burkett, Leaman, Hendrick, Cregger, Heath and Dr. Gates voted affirmatively.

VISITORS: Sandy Elswick, Joseph D. Blevins, Tom Hower, Marilyn Hower, Adam Hower, Fleet Hower, Paul Holmes, Brad Hayden, Sid Collier, Robin Bridgeman, Vicky Bridgeman, Paul and Pat Heath, Dennis Shew, Sabrina Rose, Willis Bridgeman, Elbert Griffith, Ralph Price, Tracy Sledd, Bo Surber, Sam Mutter, Charles DeHart, Willis Widener, Bevely Widener, Richard Keesling, Steve Wymer.

FLEET HOWER-SPECIAL PRESENTATION: Mr. Helms made a brief statement describing the determination and dedication that Fleet Hower has displayed in athletics and academics. He stated that Fleet serves as an inspiration to each of us. Mr. Helms read the Resolution of Commendation to Fleet as he was accompanied by Tom, Marilyn and Adam Hower. Upon motion, duly seconded and vote of 7 AYES and 0 NOES, Town Council adopted the Resolution.

INTRODUCTION OF NEW/PROMOTED EMPLOYEES: Mr. Clark introduced Senior Citizen Assistant Director Paula Holmes to Town Council. Ms. Holmes has been a part-time employee since 2001. Ms. Holmes thanked Council for the opportunity to serve the Town’s Senior Citizens.

Mr. Clark advised that Michael Keith has been hired full-time in the Public Works Department. He is currently a part-time employee on the garbage collection detail. Mr. Keith is a hard worker and will be an asset to the Department.

Chief Roberts stated that recently promoted Sgt. Shawn Conklin was unable to attend the meeting due to recouperation from broken ribs.

CONSIDERATION OF A TAXI CAB PERMIT AT 115 S. CHESTNUT STREET-WILLIS BRIDGEMAN: Mayor Helms reminded those present that the Public Hearing was held on August 5, 2002. Discussion ensued. Mr. Warren asked if conditions could be placed on the permit, if approved. Mr. Fenyk responded that conditions could be placed on the business. The Town Ordinance contains a public nuisance section which states the procedure to regulate problems with businesses not operating within the Town’s regulations. Mr. Heath advised that all businesses should be encouraged to keep up their properties. Mr. Leaman moved that the taxi cab permit be granted. Mr. Hendrick seconded the motion. Council approved the same by a vote of 4 AYES 1 NOE (Burkett), and 2 ABSTENTIONS (Heath, Cregger).

REQUEST FROM SMYTH COUNTY REGISTRAR BOARD CHAIRMAN, JOE BLEVINS, ON THE POSSIBILITY OF MOVING TOWN VOTING PRECINCT TO MARION RECREATION DEPARTMENT: Joe Blevins, Registrar Board Secretary and Smyth County Registrar Sandy Elswick were present to discuss the request of the Board to relocate the West Park and East Park voting precincts from the Courthouse to the Marion Fire Station and Marion Recreation Department, respectively. Mr. Blevins advised that the request does not include the site for Town elections at the Senior Citizen Center. He added that the Senior Citizen Center is the designated site for the Royal Oak East precinct. Mr. Blevins stated that the Courthouse and VFW sites do not meet the most recent ADA regulations. When asked by Mr. Heath if the Town would incur costs now or in the future if it agrees to the relocations, Mr. Blevins responded that cost would be the responsibility of Smyth County. Another issue was storage of the voting machines. Fire Department personnel were concerned about on-site storage of machines and the lack of available parking. It was noted that the Board feels that it is imperative that the voting machines be kept on site. However, if that becomes a problem, Mr. Blevins stated that it could be worked out. Mr. Blevins noted that time is a factor as notices must be mailed to each registered voter sixty (60) days prior to the election. Town staff and officials felt that information had been misscommunicated to them. Mr. Blevins apologized for any confusion concerning the request. Mr. Blevins had stated that the Recreation and Fire Department supervisors had no problem with the request. To the contrary, the Fire Department took several issues with the request and specific elements of the request had not been discussed with the administration. Mr. Clark had met with Sam Wagner, Recreation Director, and he felt that he could accommodate the voting precinct. Mr. Warren suggested that the Copenhaver Room at Smyth-Bland Regional Library be considered for one of the precinct sites. Following further discussion, Mr. Heath moved that the requests be referred to the Building and Grounds Committee for further study and report. Mr. Cregger seconded the motion. The motion passed upon a vote of 4 AYES and 3 NOES (Hendrick, Leaman, Gates). Mr. Fenyk referred to the Code of Virginia concerning regulations for polling places. Mr. Blevins advised that the sites have been approved by the State Board of Elections, the Building Inspector and Smyth County Board of Supervisors. Council members felt that staff and Town Council members should have been apprised of the proposed changes prior to approval by other agencies. Further discussion ensued.

Mr. Heath moved that the request to use the Fire Department as a polling precinct be referred to the Building and Grounds Committee for further study and report. He further moved that Council approve request that the Recreation Department be used as a polling precinct for East Park. Mr. Cregger seconded the motion. Council approved the same unanimously. Messrs Burkett, Heath, Cregger, Hendrick, Leaman, Warren and Dr. Gates voted affirmatively.

Mr. Clark asked Assistant Fire Chief for a recommendation, in writing, from the Marion Volunteer Fire Department.

RECOMMENDATION OF APPOINTMENT TO THE BOARD OF ZONING APPEALS TO FILL THE EXPIRED TERM OF W. W. HUBER: Upon motion, duly seconded and vote of 7 AYES and 0 NOES, this item was continued.

APPOINTMENT OF HOUSING BOARD MEMBERS: Mr. Heath advised that he has contacted these individuals and they have agreed to serve an additional two (2) year term. Voting members reappointed are Sam Burkett, Bill Greenwood, James McNeil, Tami Blevins, and Harry Howe. Terms for these individuals will expire 9/7/2004. The motion was seconded by Dr. Gates and carried by a vote of 6 AYES and 1 ABSTENTION (Burkett).

PARKING LOT SITUATION AT MARION POLICE DEPARTMENT AND SENIOR CITIZEN’S CENTER: Mr. Hicks advised that the Committee has considered paving or sealing of the parking lot at the Senior Citizen Center and Police Department. Estimated cost to seal the lot utilizing prisoners is $1,000, contracted is $2,000 and to pave and stripe is $9,400. It is the recommendation of the Committee that the lots be paved and striped. Mr. Hendrick moved that the lots be paved and striped. Dr. Gates seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES.

DEVELOPMENT OF FIVE-YEAR WATER AND SEWER PLAN, REQUESTS FOR PROPOSALS ON WATER TREATMENT PLANT PRELIMINARY ENGINEERING REPORT: Mr. Clark reported that he, Donnie Coley, Bob Mason and Cecil Hicks have been meeting weekly to discuss this plan. Progress is being made on the plan.

WASSONA CIRCLE SPECIAL TAX DISTRICT: Mr. Clark stated that no property owners have opposed the Special Tax District or the installation of curb and gutter. Since no opposition was brought before Council or the Town Manager, upon property owners being informed that they must notify the Town of any opposition, there is an agreement with the Town Council with the residents to proceed with the curb and gutter project. Dr. Gates moved that particular Wassona Circle residents have been properly notified and that no opposition was presented to the Council or Town Manager, that Council approve and appropriate $19,563.33 to be shared equally between land owners and the Town of Marion. Mr. Cregger seconded the motion. Council approved unanimously. Messrs Burkett, Warren, Heath, Hendrick, Cregger, Leaman and Dr. Gates voted affirmatively.

PROPOSAL TO PURCHASE LAND FROM THE TOWN OF MARION BY CLARENCE MCINTYRE: Mr. Clark advised that Mr. McIntyre has requested to purchase a parcel of land near the Ruritan Club site. Mr. Hendrick stated that he is opposed to selling this property as it is in the recharge area. The Town does not use the spring but that it may be treated and used as a future water source, if needed. Upon motion of Dr. Gates, seconded by Mr. Leaman and vote of 6 AYES and 1 NOE (Hendrick), Council referred this matter to the Building and Grounds Committee.

NOTICE FROM VDOT ON ADDITIONAL FUNDING FOR PROPOSED HIKING/BIKING TRAIL AND EAST CHILHOWIE STREET BRIDGE: Mr. Clark reported that VDOT has approved an additional $20,000 for the East Chilhowie Street Bridge Project and $100,000 for the Hiking/Biking Trail. Mr. Clark noted that Anderson and Associates have completed 85% of the re-design for a Biking Only Trail on both sides of Park Boulevard (3 foot path). A complete set of plans should be available by September 5. Then Town Council may review the plans and a Public Hearing will be held for citizen input. Mr. Clark recapped the funding sources. $250,000 committed plus a 20% match to be shared by the Town and Smyth County and $100,000 additional funding. He explained that the funds are "pass-thru" monies collected from Federal gas tax and disbursed by VDOT. Mr. Clark advised that upon receipt of the re-design, the Town must decide on a Hiking/Biking Trail, a Biking Trail only, or return the funds allocated for the project.

REQUEST TO VACATE STREET BETWEEN VIRGINIA AVENUE, THIRD STREET AND LINCOLN AVENUE: Mr. Clark advised that a request to close a portion of a street between Virginia Avenue, Third Street and Lincoln Avenue has been received. This request was referred to the Street Committee for study and recommendation.

ACCOUNTS: Mr. Burkett moved that the accounts be paid in the amount of $874,126.05. Dr. Gates seconded the motion. Council approved the same by a vote of 7 AYES and 0 NOES. Messrs Burkett, Warren, Heath, Cregger, Hendrick, Leaman and Dr. Gates voted affirmatively.

INVESTMENTS: Upon motion of Mr. Burkett, seconded by Dr. Gates and vote of 7 AYES and 0 NOES, the Investment Report was approved as presented. Messrs Burkett, Leaman, Hendrick, Cregger, Warren, Heath and Dr. Gates voted affirmatively.

911 ISSUES-STREET COMMITTEE: Mr. Hendrick reported that the Committee has met with 911 Coordinator, Shannon Williams, concerning proposed address changes with regard to the 911 system. He added that there has been no progress. The Town worked with 911 during the implementation and addresses were approved initially by 911. Fire fighters in attendance asked if house numbers are required, by Ordinance, to be posted on structures. There is currently no provision in the Town Code for this. Dr. Gates moved that the subject of establishing an Ordinance with regard to posting of numbers on structures within the Town of Marion be referred to the Ordinance Committee for study and report. Mr. Heath seconded the motion. Council approved the motion unanimously.

SENIOR CITIZEN CENTER/POLICE DEPARTMENT-HANDRAILS AND LANDSCAPING: An estimate of $700 was obtained for installation of handrails on the wall toward the Police Department. A quote has been received from Lowe’s for installation of landscaping in the amount of $2,650 for shrubbery and $4,200 for a turn key job. Another quotation will be obtained from Williams, Inc. for landscaping and cutting and planting of trees at the Center. Council was informed that the Senior Citizen Center’s back deck will be pressure washed and sealed.

FIRE COMMITTEE-SPECIFICATION ON FIRE TRUCK AND RELATED ISSUES: Dr. Gates stated that $1,923,001 has been approved for the purpose of purchasing fire fighting equipment. Three new fire fighting vehicles, fully equipped, may be purchased at a cost of $1,702,500 and a used fire fighting vehicle may be purchased at a cost of $220,501. Dr. Gates advised that the Fire Department is writing a letter to the Town Attorney stating that specifications on the three (3) new fire fighting vehicles have been approved and the Department is ready to purchase these vehicles. A delivery period of 1 year to 18 months is expected to receive these vehicles. According to specifications, delivery is expected nine to ten months from order date.

Another letter from the Fire Department is being prepared stating that the current pumper will not pass a pump test and should have already been taken out of service. The Department has been experiencing equipment problems for some time now. They state that they need to find a truck that is dependable for the Department in the interim (prior to receipt of the new vehicles). A used vehicle is being considered from Fire Apparatus Specialist. Dr. Gates moved that Council declare the purchase of a used fire apparatus as an emergency purchase due to the status of existing fire equipment. Mr. Leaman seconded the motion. Council approved the same unanimously. Messrs Burkett, Hendrick, Cregger, Leaman, Heath, Warren and Dr. Gates voted affirmatively. Dr. Gates amended his motion that due to the failure of the Jayco pumper to pass a pump test and function in a normal manner, the Town Council is selecting to pursue negotiations with a vehicle owned by the Fire Apparatus Specialist and the purchase of the vehicle if it meets the needs of the Marion Volunteer Fire Department. The cost of the used vehicle is not to exceed $220,501. Mr. Heath seconded the motion. Council approved unanimously. Messrs Burkett, Hendrick, Leaman, Cregger, Heath, Warren and Dr. Gates voted affirmatively. Mr. Clark shall post a written notice advising the public that a contract is being awarded to purchase a used fire fighting vehicle on an emergency basis. Also Mr. Clark will send a purchase order number contingent upon Fire Department approval of the vehicle. The Town will send two (2) firemen to inspect the vehicle prior to purchase. If acceptable, they will drive the vehicle to Marion from Texas.

WATER COMMITTEE -GILMAN STREET UPGRADE COSTS: Estimated price of the project is $51,850. This may be a little high. However, the project will be included in the 5-year plan that is being prepared.

CONDITION OF STREETS AND INTERSECTIONS: Mr. Cregger asked that Public Works personnel determine areas where intersections are over-grown, signs covered with weeds, and pot holes and take necessary steps to mow, trim and fill these areas at the earliest possible date.

TREES-MAIN STREET: Mr. Hendrick stated that Kevin Sigman, arborist, had agreed to teach town personnel about routine maintenance on the trees in the downtown area. He suggested that Mr. Sigman be contacted concerning this matter.

WATER-HYDRANT AND VALVE REPLACEMENT PROJECT: Mr. Hendrick noted that several complaints have been received concerning the outage of water during the hydrant and valve replacement project. He suggested a better notice plan for areas to be affected with no water. Currently only TV3 airs these notices every 30 - 45 minutes. He suggested that the TV3 equipment be upgraded to allow a scrolling message to appear at the bottom or top of the screen with such information. Mr. Heath advised that he will look into the possibility, however, at this point the system will not allow the splitting of the screen.

PATRIOT’S DAY PROGRAM-SEPTEMBER 11, 2002: Mr. Heath advised that Smyth County has allocated $500 toward the Program. He requested a match from the Town for use during the Patriot’s Day Program, if needed. Dr. Gates moved that $500 be allocated for use during the Patriot’s Day Program. Mr. Burkett seconded the motion. Council approved the same unanimously. Messrs Burkett, Warren, Leaman, Cregger, Hendrick, Heath and Gates voted affirmatively.

MT. DEW DAYS: Mr. Heath announced that the Annual Mt. Dew Days will be held on October 11,12,13, 2002.

BOAT RACE: Mr. Heath stated that the S.S. MT. DEW is ready for christening and painting. This sea-worthy vehicle shall be entered in the 1^St Annual Boat race at Hungry Mother State Park on August 31, 2002. The boat has been constructed of two by fours, plywood, screws, and duck tape.

LAPEL PINS: Mr. Heath expressed approval of the newly received lapel pins which indicate the position of Marion on the state map. Council voiced their approval.

FTAA: Mr. Heath asked Council to review the documents concerning the FTAA, an new proposed Free Trade Agreement.

SANITATION COMMITTEE: Mr. Leaman asked that a meeting be scheduled to discuss the matter of downtown trash collection.

RESCHEDULE TOWN COUNCIL MEETING: Mayor Helms noted that upon Town Ordinance, the next Town Council meeting will be held on September 5, 2002 due to the holiday falling on Monday, September 2, 2002.

SKATE PARK: Mr. Helms informed Council that a letter has been received from Jacob Miller requesting a Skate Park be established. The matter was referred to the Recreation Committee.

CHAMBER COMMITTEE AT SENIOR CITIZEN’S CENTER: This meeting will be held on August 22, 2002 at 4:30 p.m.

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