PRESENT: Mayor David P. Helms; Ken Heath, Eugene Hendrick, Buford Cregger, Mel Leaman, Mark Warren and Dr. James Gates, Council Members; Town Manager John E. B. Clark, Jr.; Town Engineer Cecil Hicks; and Police Chief Michael Roberts.
INVOCATION/PLEDGE TO THE FLAG: Pastor Samuel Dzabo of the Hill Top United Methodist Church, Mutarte, Zimbabwe rendered the invocation. Mayor Helms led the Pledge to the Flag.
MINUTES: Upon motion of Mr. Heath, seconded by Mr. Leaman and vote of 6 AYES and 0 NOES, the minutes were approved as written and distributed. Messrs Heath, Warren, Cregger, Hendrick, Leaman and Dr. Gates voted affirmatively.
VISITORS: Dan Kegley, Jeff Spickard, Pastor Samuel Dzabo, Jack Perry, Alice Freeman, Bob Ramsey
INTRODUCTION OF JACK PERRY-PUBLIC WORKS DIRECTOR: Mr. Clark introduced Jack Perry as the new Public Works Director. Mr. Perry has served the citizens of the Town of Marion for more than 25 years in various positions, most recently as Assistant Public Works Director. Mr. Perry expressed appreciation to Town Council for selecting him to serve the citizens and the Town as Public Works Director.
APPROVAL OF CEDARS AND GILMAN STREET-BIDS AND SCHEDULING ISSUES: Mr. Hicks advised that bids for the Cedars and Gilman Street water projects have been received. Two (2) contractors bid on the Cedars Water project, with Earnest “Pop” Teaters being the apparent low bidder at $81,974.00. Mr. Teaters was the lone bidder on the Gilman Street Bid at $47,050.00.
Upon motion of Dr. Gates, seconded by Mr. Heath and vote of 6 AYES and 0 NOES, the Cedars Water Project was awarded to Earnest “Pop” Teaters for the amount of $81,974. Messrs Heath, Leaman, Hendrick, Cregger, Warren, and Dr. Gates voted affirmatively.
Upon motion of Dr. Gates, seconded by Mr. Leaman, and vote of 6 AYES and 0 NOES, The Gilman Street Project was awarded to Earnest “Pop” Teaters for the amount of $47,050. The Town staff received assistance with the specifications and bidding from Jeff Spickard and Dewberry and Davis. Council expressed their appreciation for the assistance.
Since Mr. Teaters was the successful bidder for both projects, he provided the Town with a signed statement that he cannot perform both jobs at the same time, the cost for the second project will not change even if he is not given a “notice to proceed” for 90 days. Council has requested that Mr. Teaters begin with the Gilman Street Water Project, then the Cedars Water Project.
NOTICE OF AWARD FROM TEA-21 FOR EAST CHILHOWIE STREET BRIDGE: Mr. Clark announced that the application for Enhancement Program Funds from the Virginia Department of Transportation, Commonwealth Transportation Board, East Chilhowie Street Bridge Renovation Project has been approved in the amount of $355,000.00. Notice was received by mail on October 29, 2003. Mr. Clark explained that the estimated cost of the renovation is $511,935. The Town’s portion of this project is 20%.
REPORT FROM ATTORNEY ON FOURTH STREET: Upon motion of Mr. Hendrick, seconded by Mr. Leaman and vote of 6 AYES and 0 NOES, this item was continued.
RESPONSE TO CIVIC/FRATERNAL SIGNS: Mr. Clark reported that nine (9) clubs/fraternities have responded favorably to placing their logos on the proposed signs to be posted at the entrance to the Town of Marion. There is a $100 fee for each sign. Mayor Helms advised that Ralph Hayton, owner of Phoenix Signs, has prepared a sample to be shown to those clubs/fraternities interested. Mr. Heath stated that 44 letters were mailed. He offered to personally contact the club presidents to determine interest in establishing the sign. He noted that some of the agencies involved might not have had a meeting to discuss the matter prior to the November 1 deadline.
RECOMMENDATION ON INTERSTATE DEVELOPMENT PLAN: Mr. Heath prepared a response to VDOT on the proposals presented to Town Council by Flour Virginia and STAR Solutions. The Committee decided upon the following guiding principals:
“1) We are against tolls on I-81. The notion of having people pay fees to travel to our end of the state would serve to further isolate us from the more populous regions of Virginia—including our capitol, would increase costs for manufacturers to ship goods to and from our region (and limiting our opportunities for recruiting those industries to our region), would decrease our opportunity to build a tourism-based sector to our economy, and would add an additional financial burden on those workers already displaced and having to out migrate to find work. The tolls could also push more vehicles onto Highway 11, further clogging our main two-lane corridor through town.
2) We believe improvements to I-81 are inevitable. The increase in vehicular traffic mandates additional construction. Therefore, we recommend VDOT build the additional two truck-only lanes with flyovers as proposed by STAR Solutions to alleviate many traffic congestion problems well into the future.
3) We believe that rail alternatives for both freight and passengers should receive additional consideration. Any increase in rail traffic must be mitigated by a plan that would not cause further congestion along Main Street at the crossing that bisects our town.
4) We believe the funds for any improvements should come from the sale of bonds, and paid back with tax revenues from fuel taxes and truck inspection fees.” Upon motion of Mr. Hendrick, seconded by Mr. Cregger and vote of 4 AYES and 2 NOES, (Leaman, Gates) Council approved the response and recommendation to VDOT concerning the proposed I-81 Improvements. Messrs Heath, Hendrick, Cregger, and Warren voted affirmatively.
RECOMMENDATIONS ON COMPREHENSIVE PLAN-MRS. ALICE FREEMAN: Alice Freeman, Marion Planning Commission Chairperson, address Town Council concerning the Zoning Ordinance and Comprehensive Plan. Planning Commission Member Bob Ramsey accompanied her.
Mrs. Freeman informed Council that the Planning Commission has recently completed the revision of the Zoning Ordinance. The project expanded over a two (2) year period. She requested that the Town consider appropriating funds to employ Mr. Daniel Koenig, to review the document. Mr. Koenig is a graduate of Virginia Tech and most recently reviewed the Town of Marion Zoning Map to ensure that all rezoning has been posted to the map. He worked extensively for three (3) weeks on the project. She further stated that every five (5) years the Comprehensive Plan must be reviewed and revised. The most recent revision was in 1996. She asked that Council consider that Mr. Koenig also be employed to review this document. Mr. Koenig has been contacted concerning these projects and has agreed to perform the work if that is Council’s desire. Mr. Leaman moved that Mr. Hicks and the Planning Commission discuss the matters with Mr. Koenig and secure a price for both projects. Mr. Heath seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES.
PROCLAMATION OF NATIONAL BIBLE WEEK: Upon motion of Mr. Heath, seconded by Dr. Gates and vote of 6 AYES and 0 NOES, the following Proclamation for Bible Week was approved:
PROCLAMATION FOR
BIBLE WEEK
November 23-30, 2003
WHEREAS, the Bible has been a constant source of moral and spiritual guidance for many people throughout the centuries; and
WHEREAS, the Bible has profoundly influenced art, literature, music, and codes of law;
and
WHEREAS, the Bible has motivated many to acts of compassion and charity; and
WHEREAS, the Bible continues to provide inspiration, hope, and comfort for millions of
Americans today; and
WHEREAS, for sixty-three years women and men of many faiths have banded together
with the National Bible Association to sponsor National Bible Week as a
time to be reminded of the Bible’s unique place in American life; and
WHEREAS, this annual celebration has encouraged the reading of the Bible;
NOW THEREFORE, I, David P. Helms, Mayor of the Town of Marion, Virginia, hereby
do proclaim November 23-30, 2003 as “BIBLE WEEK” in the Town of Marion, Virginia, and encourage interested citizens to participate in this observance.
IN WITNESS WHEREOF, I hereunto have set my hand and caused the seal of the Town of Marion, Virginia be affixed this 3rd day of November, 2003.
Mr. Hendrick requested that it be know that “a proclamation whose primary purpose is to honor the historical and cultural significance of the Bible and its contributions to our national history and values. All Council members present were in agreement with Mr. Hendrick.
STREET COMMITTEE-PARK BOULEVARD/TERRACE DRIVE CUT: Mr. Hendrick reported that the Street Committee recommends that the right of way along Park Boulevard/Terrace Drive be cut back to the north. A new medical office building is under construction near the area and site distance is poor. Estimated cost for the project is $4,000. It was noted that all work would be performed in the right of way and no easements would be required. Upon motion of Mr. Leaman, seconded by Dr. Gates and vote of 6 AYES and 0 NOES, this item was continued. During the discussion, Mr. Hicks was asked to contact VDOT for their review of the site. Mr. Leaman inquired as to the effect that the project would have on the Biking Trail. Mr. Hicks and Dr. Gates agreed that, if anything, the project would enhance the Biking Trail.
STREET COMMITTEE-MATSON DRIVE GUARDRAIL: Mr. Hendrick reported that the Town has bid the project to install and replace guardrail on Matson Drive. Powers Fence has submitted a bid of $5,182 to install 313 feet of guardrail. The bid includes the removal and replacement of old guardrail on the bridge. It was discussed that an additional 120 feet will be installed further along Matson Drive. As the current rate is approximately $16 per foot, Mr. Hicks was instructed to contact Powers Fence and determine if they will install the total 433 feet of guardrail at a price not to exceed $7,000. Upon motion of Mr. Cregger, seconded by Mr. Hendrick and vote of 6 AYES and 0 NOES, Powers Fence was awarded the bid to install guardrail on Matson Drive. Messrs Cregger, Hendrick, Heath, Leaman, Warren, and Dr. Gates voted affirmatively.
STREET COMMITTEE-LEE STREET BRIDGE: Mr. Hendrick stated that the Lee Street Bridge is in need of replacement. The Street Committee recommended that the Lee Street Bridge be replaced and the Streetscape be extended from Chestnut Street to Main Street. Mr. Hendrick moved that the Town staff advertise to select an engineering firm to prepare a preliminary engineering report (PER) on this proposed project. Mr. Heath seconded the motion. It was further requested that the PER include property owner’s notification to have direct input on how to proceed with the project.
STREET COMMITTEE-BRIDGE INSPECTIONS: Mr. Hendrick advised that the Town Engineer has been informed by VDOT that they recommend towns employ an outside firm to inspect bridges. Mr. Hicks reported that estimated costs for consultants range from $12,000-$15,000. He was instructed to contact consultants to obtain more set costs. There are ten (10) bridges in the Town of Marion that must be inspected bi-annually. The Chilhowie Street Bridge must be inspected annually. It is currently closed due to the last inspection. Mr. Hicks is a Certified Bridge Inspector. He was certified in 1991. He informed Council that certification is good only until the standards change. Dr. Gates asked that the Town check with other localities and if others have Certified Bridge Inspectors, they could inspect bridges in other localities. Another suggestion, from Mr. Leaman, was to ask VDOT to inspect the Town of Marion bridges and reduce the costs from Highway Maintenance Funds remitted to the Town.
STREET COMMITTEE-TRAFFIC TURN LANES: A request to install a left-turn signal on traffic lights located at the junction of S. Commerce Street/East Cherry Street and Pendleton Street to allow traffic traveling from the interstate into town to make a left turn onto Cherry Street from Commerce Street was made by Shirley G. Spencer, 163 Keller Lane, Marion, VA. Ms. Spencer further requested that a left-turn signal be installed at the junction of South and North Sheffey Streets and West Main Street to allow traffic to make a left turn onto West Main Street from South Sheffey Street. The Traffic Light Committee considered Ms. Spencer’s requests and recommend the following: In regard to the Commerce/Cherry Street turning lane request, that Mr. Hicks work with VDOT on a study of the intersection. This item was continued.
Upon motion of Dr. Gates, seconded by Mr. Hendrick and vote of 6 AYES and 0 NOES, the request for the turn lane at the junction of South and North Sheffey Streets, was denied.
ROOF REPLACEMENT/REPAIR AT THE TOWN SHOP AND FORMER MARION LIFE SAVING CREW: Mr. Hicks reported that several contractors have submitted bids for these projects. However, the proposals are not consistent and staff is unable to compare. Mr. Heath moved that Mr. Hicks prepare specifications and re-bid these projects. Dr. Gates seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES. Mr. Hicks advised that the 2003-2004 Budget contains only $10,000 to be used to replace/repair the roofs. He added that the proposals exceed this amount considerably. He requested that Town Council consider amending the amount appropriated for the projects. Upon motion of Dr. Gates, seconded by Mr. Warren and vote of 6 AYES and 0 NOES, the request for additional funding was referred to the Finance Committee for consideration.
TV CABLE FRANCHISE RENEWAL: Mr. Leaman advised that there are three (3) years before the Adelphia franchise expires. The TV Cable Committee recommended that the Town hire an outside attorney with expertise in franchise renewals. Upon motion of Mr. Leaman, seconded by Dr. Gates and vote of 6 AYES and 0 NOES, Council approved the TV Cable Committee and Attorney to secure cost estimates for an outside attorney with expertise in franchise renewals. It was noted that the Town would contact Smyth County to determine if they are interested in a joint venture since they will also be negotiating a franchise renewal with Adelphia Cable.
FIRE COMMITTEE: The Fire Committee had requested a report from the Fire Department to itemize the amount spent on fire equipment by the Department, income received by the Department, progress on fire hydrant inspections and use of equipment (such as the ‘jaws of life’). The Fire Department filed the report as requested. The Department has expressed concern with dispatching problems. The Committee will meet with the appropriate 911 individuals, following the election, to address the firemen’s concerns. Dr. Gates informed Council that the old fire truck will be sold for $6,500 and that the Fire Department has requested that the funds be committed to MVFD toward the purchase of ‘tower lights’ to be used at accident sites. Dr. Gates moved that these funds be committed as requested. Mr. Leaman seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES. Messrs Hendrick, Cregger, Leaman, Warren, Heath and Dr. Gates voted affirmatively.
DEMOLITION OF HOUSE AT SEWER TREATMENT PLANT: Mr. Warren asked if the house has been demolished. Mr. Clark stated that Sewer Plant Superintendent Donnie Coley has been in contact with individuals that have requested to demolish the house for the materials. There is an insurance issue that must be resolved prior to the demolition.
STREET LIGHT COMPLAINT-CIVITAN PARK: Mr. Warren reported that the Grissom’s have seen no improvement from the glare of the lighting at Civitan Park. Mr. Clark stated that he understood that efforts have been made by AEP to resolve this matter by lowering the light. However, he had not been notified from AEP officially. He will contact an AEP representative concerning this problem.
LINCOLN THEATRE TOUR: Dr. Gates advised that those in attendance, who have not toured the Lincoln Theatre since the renovations began, should request a ‘walk thru’. He received a tour and was very impressed by the progress of the renovations.
BLUE RIDGE MUSIC TRAIL: Mr. Heath stated that a Blue Ridge Music Trail is being developed statewide. He had been in contact with the developers to discuss the Lincoln Theatre as a stop on the “Trail”.
MT. DEW DAYS (INCLUDING A BAND FESTIVAL) AND FIRST ANNUAL SHUCK ‘N CLUCK: Mayor Helms reported that Mt. Dew Days was a great success. In addition to the usual hillbilly games, Mt. Dew toss, Mt. Dew Chug-a-lug, the event featured the First Annual Marion Band Festival Parade and Competition. Another first event was held at Hungry Mother State Park Beach called the Shuck ‘N Cluck! Those in attendance on the warm October evening enjoyed oysters, shrimp, chicken, corn-on-the-cob, roasted potatoes and baked beans. Picnic tables on the beach surrounded a bonfire and tiki torches. HB Beverly and Company provided appropriate beach tunes, including a bunch of Jimmy Buffet selections. It was a great evening on the beach!
POLICE DEPARTMENT-LEAF FIRES ON HALLOWEEN: Mayor Helms commended Police Chief Michael Roberts and his Department for the apprehension of those individuals who set leaf piles on fire on Halloween night. The Fire Department was also commended for their efforts to quickly extinguish the fires on Halloween.
CLOSED SESSION-POTENTIAL ACQUISITION OF SPRING RIGHTS-JUSTIFICATION 2.2-3711 (A3) CODE OF VIRGINIA, AS AMENDED: Upon motion of Mr. Hendrick, seconded by Mr. Cregger, and vote of 6 AYES and 0 NOES, Council entered into Closed Session to discuss potential acquisition of spring rights. Mr. Hendrick moved that Council return to Open Session and that it be known that only those matters legally exempted from Open Session and identified in the motion were discussed during the Closed Session. Mr. Leaman seconded the motion. Council approved the same by a vote of 6 AYES and 0 NOES. Messrs Cregger, Leaman, Heath, Warren, Hendrick and Dr. Gates voted affirmatively.
SPRING RIGHTS NEGOTIATIONS: Dr. Gates moved that Council empower Mr. Clark to begin negotiations with the property owners to obtain certain spring rights. Mr. Heath seconded the motion. Council approved the motion by a vote of 6 AYES and 0 NOES.
Upon motion, duly seconded, and vote of 6 AYES and 0 NOES, the meeting was adjourned.